Vulnerable Sector Check Policy
Reason for this Policy
Registered Massage Therapists/Massage Therapists are in a position of trust, and their patients are in a vulnerable position. For this reason, a Level 3 Vulnerable Sector Check (VS Check) is the level of criminal record check required for registration and supports the College of Massage Therapists of Ontario (CMTO) principles of transparency and accountability. This policy outlines the requirements related to submitting a VS Check at registration.
Background
Under the Registration Regulation of the Massage Therapy Act 1991, applicants must submit a criminal record check because they must satisfy the Registration Committee that they will:
- Practise Massage Therapy with decency, honesty, and integrity, and in accordance with the law; and
- Display an appropriate professional attitude.
A VS Check is an enhanced criminal record check of national databases maintained by the Royal Canadian Mounted Police (RCMP), and other local police records.
Requirements
Prior to applying for registration, an applicant must obtain a VS Check at their own cost, from their local police service, the Ontario Provincial Police or the RCMP. Police services have the discretion to issue or refuse to provide a VS Check. If a local police service refuses to issue a VS Check, the applicant must:
- Submit a Level 2 Criminal Record and Judicial Matters Check (which has less information than a VS Check); and
- Sign an undertaking with CMTO related to the missing information and agree to submit a current VS Check when it becomes available.
Applicants must submit a VS Check with their application for registration that:
- Is the original signed document or the electronic/digital version (e.g. not a photocopy or image of the original);
- If desired, applicants can make a copy of the report for their records, CMTO will not return the VS Check;
- Was conducted only for the purpose of registration with CMTO;
- Is dated no more than six (6) months prior to the date the application was submitted;
- Was conducted where the applicant lives (CMTO does not accept international checks);
- Includes the applicant’s full name as it is listed on their registration application; and
- Indicates that the search included all current, previous, former or maiden names.
CMTO considers every registration application on a case-by-case basis. A positive finding in a VS Check (e.g., a criminal charge or conviction) does not necessarily mean that the applicant cannot successfully complete the registration process.
For additional information, please see the list of frequently asked questions. Please contact registrationservices@cmto.com with any questions or concerns.
VS Check Frequently Asked Questions:
A VS Check contains information about an individual, including if they have any:
- Record suspensions (formerly pardon) for sex offences;
- Criminal convictions from Canadian Police Information Centre (CPIC) and/or local databases;
- Findings of guilt under the Youth Criminal Justice Act, 2003;
- Outstanding charges and warrants, judicial orders, peace bonds, probation and prohibition orders; and/or
- Absolute and conditional discharges.
If the VS Check indicates that the applicant has 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 to CMTO;
- CMTO may ask the applicant to provide a copy of court transcripts related to the matter;
- If it relates to a driving offence, the applicant must submit a current (no more than three months old) Certified Complete Driver’s Record from ServiceOntario; and
- CMTO will add all the submitted documentation to the applicant’s application.
Staff will assess the application, VS Check and additional information, to determine if the application must be referred to the Registrar for review.
- When assessing positive reports, the Registrar considers the following information:
- How long it has been since the conviction;
- The applicant’s age at the time of the offence;
- The seriousness of the offence;
- Any additional circumstances that may have contributed to the conviction;
- The applicant’s insight into their conduct;
- The applicant’s conduct in the years since the conviction; and
- How the conviction relates to the practise of Massage Therapy.
If the Registrar is concerned that the applicant does not meet the requirements for registration, they will refer the application to the Registration Committee. In that case:
- CMTO will notify the applicant of the reason for the referral and allow them to provide the Registration Committee with additional information for consideration; and
- 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 appeal any Registration Committee decision to deny registration or limit their practice because of previous criminal findings to the Health Professions Appeal Review Board (HPARB), a review board that is independent of CMTO.
Staff will acknowledge all applications for registration within 10 days of submission. If the review process takes longer than 10 days, staff will notify the applicant of the reason for the delay. Once an applicant submits all additional information, the Registrar will review the complete application. If the Registrar decides to refer the application to the Registration Committee, the applicant will have 30 days to submit any additional submissions. Once CMTO receives the submissions, (or the applicant confirms they will not make further submissions), the Registration Committee forms a panel to review the application, and issue a decision within 30 days of their meeting date.
For more information, please see CMTO’s Initial Registration Checklist and Initial Registration Application Guide.
