Purpose:

• To establish policy surrounding the Membership Requirement to maintain a current Vulnerable Sector Check (VSC) or Criminal Record Check (CRC) in accordance with CMMOTA Bylaws 3.5.1.1.3., 3.5.1.2.3., 3.5.1.3.2., 3.5.1.4.2., 3.5.1.5.2, 3.5.1.7.3., 3.6.2.2., and 3.6.2.3., 3.6.2.4., and 3.6.2.5..

Definitions:

• “Criminal Record Check” – refers to a criminal record check record obtained from the local police service in the jurisdiction in Canada where the member resides.

• “Vulnerable Sector Check” – refers to a vulnerable sector check record obtained from the local police service in the jurisdiction in Canada where the member resides.

Policy:

1. In jurisdictions where a Vulnerable Sector Check is no longer available for professional licensing purposes a member must alternatively submit a Criminal Record Check completed within 90 days of the date of submission to the Association to fulfill this membership requirement.

2. Vulnerable Sector Check (VSC) and Criminal Record Check (CRC) Document Requirements

2.1. A VSC or CRC must have been completed within the previous ninety (90) days to be considered valid by the Association.

2.2. A VSC or CRC must be obtained from the member local police in the jurisdiction in Canada in which they reside. Records from third party sources will not be accepted.

2.3. The first and last name appearing on the VSC or CRC must match the first and last name of the member.

2.4. Payment, if required by the Police Service for completion of a VSC or CRC, shall be the sole responsibility of the member.

2.5. Members shall be responsible to submit a new VSC or CRC documentation to the CMMOTA office via e-mail or hard copy on or before the required anniversary date.

3. Membership Class VSC Maintenance Requirements

3.1. Members practicing in any province or territory and belonging to one of the following membership classes are required to maintain a VSC that has been completed within a three (3) year time frame:

3.1.1. Full Massage Therapist

3.1.2. Full Manual Osteopathic Therapist

3.1.3. Associate Massage Therapist

3.1.4. Spa Therapist

3.1.5. Student Massage Therapist

3.1.5.1. Only required if they have obtained professional liability insurance through the Association’s Insurance Broker.

3.1.6. Student Manual Osteopathic Therapist

3.1.6.1. Only required if they have obtained professional liability insurance through the Association’s Insurance Broker.

4. Standard Required Anniversary Date

4.1. The required anniversary date shall be 3 years from the date of completion of a member’s current VSC or CRC on record with the Association.

5. Notification of Pending Requirement for a New VSC or CRC

5.1. Administration shall notify a member requiring a new VSC or CRC by email to the last known e-mail address of the member not less than two (2) months prior to the required anniversary date from the creation of the members current VSC or CRC.

5.2. New VSC or CRC documentation must be submitted to the Association on or before the required anniversary date.

6. VSC or CRC Verification and Acceptance of Documentation for Members

6.1. Administration shall verify that the VSC or CRC meets the requirements set out it items 2.1., 2.2., and 2.3.. If the record does not meet these requirements, it shall be rejected.

6.2. Administration shall verify if the VSC or CRC is clean. If the record is clean, then it shall be entered into the Association record, and the required anniversary date shall be recorded in the Association records.

6.3. In cases where a standard VSC or CRC is provided which contains only an “Adverse Information located on police record management system”, or likewise, under the information to disclose section of the VSC or CRC , no further action on the part of the Association is required. The record shall be accepted and shall be entered into the Association record, and the required anniversary date shall be recorded in the Association records.

6.4. Where a new VSC or CRC check is returned with a “positive match”, or likewise, under the information to disclose section of the VSC or CRC , then the member shall be required to obtain and submit a fingerprint VSC or CRC to the Association.

6.5. Where a new VSC or CRC check is returned with new information that has been added in the previous five (5) year period, then one of the following shall be required to be obtained and submitted to the Association by the member, unless the new information is only in relation to a Driving Under the Influence (DUI) charge:

6.5.1. A fingerprint VSC or CRC and full legal disclosure (details surrounding the peace bond(s), restraining order(s), charge(s), or conviction(s))

6.5.2. A sworn declaration and full legal disclosure

6.5.3. A sworn declaration and a copy of the Transcripts of the Court

6.6. Where a new VSC or CRC check is returned with new information that has been added more than five (5) years before the VSC or CRC was completed, then one of the following may be required to be obtained and submitted to the Association by the member, at the discretion of the Executive Director:

6.6.1. A fingerprint VSC or CRC and full legal disclosure (details surrounding the peace bond(s), restraining order(s), charge(s), or conviction(s))

6.6.2. A sworn declaration and full legal disclosure

6.6.3. A sworn declaration and a copy of the Transcripts of the Court

6.7. Where there is a requirement for additional information to be provided under item 6.4., 6.5., or 6.6. then the member may, at the discretion of the Executive Director, be granted an extension of up to six (6) months to obtain and submit the requested documents, provided that a receipt is submitted within two (2) weeks (14 days) of the request showing that the required documents needing to be submitted have been requested and are in process.

6.8. Once additional information required under items 6.4., 6.5., or 6.6. are received, if the information provided does not place the member in violation of any CMMOTA Bylaw, then the records shall be accepted and shall be entered into the Association record, and the required anniversary date shall be recorded in the Association records.

6.8.1. Additionally, where the additional information required provided additional details which were not contained in the members previous VSC or CRC, then at the discretion of the Executive Director, a member may be required to produce a new VSC or CRC on a more frequent basis (not less than yearly) until no new information has been provided for a period of ten (10) years or until the record is returned clean, whichever is shorter. In these circumstances the Executive Director shall set the required anniversary date which shall be recorded in the Association records.

6.9. If, after receiving any VSC or CRC or subsequent documents from a member, the CMMOTA administration becomes aware of any violation of CMMOTA Bylaw 3.6.2.4., 3.6.2.5., 3.6.2.6., or 3.6.2.8., then the matter shall be referred to the Executive Director to carry out the necessary complaint reporting under CMMOTA’s Discipline for Complaints Policy.

7. Member Non-Compliance with the Requirement

7.1. If a member does not submit the required VSC or CRC prior to the required anniversary date, then Administration shall follow CMMOTA’s Discipline for Non-Compliance Regarding Current Vulnerable Sector Check Policy.

7.2. If a member does not submit subsequent documentation required under items 6.4., 6.5., or 6.6 by the deadline supplied by Administration in accordance with item 6.7., then Administration shall follow CMMOTA’s Discipline for Non-Compliance Regarding Current Vulnerable Sector Check Policy.

Original Date of Policy Adoption: September 26, 2020

Date of Last Policy Revision: July 9, 2026

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