Policy: Vulnerable Sector Check Prior to Registration

Summary

The College of Massage Therapists of Ontario (CMTO) requires applicants for registration to submit a Vulnerable Sector Criminal Record Check (VS Check) with their application.

Background

Applicants for registration must satisfy the Registration Committee that they will practise Massage Therapy with decency, honesty and integrity, and in accordance with the law, and will display an appropriately professional attitude. Applicants meet this requirement, in part, by submitting a Vulnerable Sector criminal record check (VS Check) with their application for registration.

A VS Check is an enhanced criminal record check that includes a check of national databases maintained by the Royal Canadian Mounted Police (RCMP) and local police records where the applicant lives. A VS Check^[1] provides:

information regarding a record suspension (formerly pardon) for sex offences;
information regarding criminal convictions from Canadian Police Information Centre (CPIC) and/or local databases;
findings of guilt under the Youth Criminal Justice Act, 2003;
outstanding entries such as charges and warrants, judicial orders, peace bonds, probation and prohibition orders; and
information about any absolute and conditional discharge.

Massage Therapists are in a position of trust and the clients in their care are in a vulnerable position. Accordingly, a VS Check is the appropriate level of criminal record screening for registration as an RMT. It supports the principles of transparency and accountability of the College and the profession in Ontario.

Policy

Applicants for registration with CMTO must submit a VS Check with their application.

The VS Check must be the original signed document or the electronic/digital version obtained from the applicant’s local Canadian police service. The report must be dated no more than six (6) months before the date of registration. Photocopies are not accepted. The applicant’s full name as listed on their application for registration must match the name appearing on VS Check, and the VS Check must indicate that a search was conducted under all current, previous, former or maiden names. If the applicant had a VS Check conducted previously, they will not be able to use the same report for their registration with CMTO as the Criminal Records Act, 1985 requires that a separate VS Check be conducted for individual positions.^[2] The VS Check document will not be returned, and the applicant should make additional copies, if desired, before submitting the application. For more information, please see CMTO’s Initial Registration Checklist and Initial Registration Application Guide.

Assessment of VS Check Findings

If the VS Check includes information about a criminal conviction (a positive report), the applicant must submit a detailed explanation of the circumstances that led to the criminal finding and all relevant supporting documentation. CMTO may ask the applicant to provide a copy of court transcripts related to the matter. An applicant who has a criminal record relating to any type of driving offence will also be required to submit an up-to-date (no more than three months old) Certified Complete Driver’s Record from ServiceOntario. CMTO will add information to their application for registration.

The Registrar will assess the application, along with the VS Check and additional information, to determine if it must be referred to the Registration Committee for review. The assessment of positive reports will consider:

how long it has been since the conviction;
the age of the applicant at the time of the offence;
the seriousness of the offence;
mitigating circumstances;
the applicant’s insight into their conduct
the applicant’s conduct in the intervening years; and
the relevance of the conduct to the practise of Massage Therapy.

If the Registrar refers the application to the Registration Committee, CMTO will notify the applicant d of the referral and provide them with an opportunity to make additional submissions for the Registration Committee’s consideration.

Please note that not all criminal findings prevent an applicant from being registered. The Registration Committee will assess whether, given all the circumstances, the criminal findings affect the applicant’s suitability to be a Registered Massage Therapist. Applicants may also appeal any decision to exclude or limit their practice because of previous criminal findings to the Health Professions Appeal Review Board (HPARB).

Refusal by Police Service to Issue a VS Check

Each local police service makes the decision to issue a VS Check for an applicant for registration. If the applicant’s local police service refuses to issue a VS Check, CMTO will require them to submit a Level 2 Criminal Record and Judicial Matters Check. CMTO will also require the applicant to sign an undertaking with CMTO attesting to the additional information that is included in a VS Check, and agreeing to submit a current VS Check to the College when it becomes available.

Approved: August 25, 2008
Update Effective: January 1, 2017
Reformatted: July 11, 2019
Reviewed: April 24, 2023
Revised: March 3, 2025

^[1] More information about VS Checks is available on the RCMP website.

^[2] Pursuant to section 6.3 of the Criminal Records Act.