Purpose:
• To establish policy surrounding the Membership Requirement to maintain a current Vulnerable Sector check in accordance with CMMOTA Bylaws 3.5.1.1.4., 3.5.1.2.4., 3.5.1.3.2., 3.5.1.4.2., 3.5.1.5.2, 3.5.1.6.5., 3.5.1.7.4., 3.6.2.2., and 3.6.2.3., 3.6.2.4., and 3.6.2.5..
Definitions:
• 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. Vulnerable Sector Check (VSC) Document Requirements
1.1. A VSC must have been completed within the previous ninety (90) days to be considered valid by the Association.
1.2. A VSC 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.
1.3. Payment, if required by the Police Service for completion of a VSC, shall be the sole responsibility of the member.
1.4. Members shall be responsible to submit a new VSC documentation to the CMMOTA office via e-mail or hard copy on or before the required anniversary date.
2. Membership Class VSC Maintenance Requirements
2.1. Members residing in any province except Nova Scotia 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. Members residing in the province of Nova Scotia, and belonging to one of the following membership classes are required to maintain a VSC that has been completed within a one (1) year time frame:
2.1.1. Full Massage Therapist Member
2.1.2. Full Manual Osteopathic Therapist Member
2.1.3. Associate Massage Therapist Member
2.1.4. Registered Massage Therapist Member
2.1.5. Spa Therapist Member
2.1.6. Student Massage Therapist Member
2.1.6.1. Only required if they have obtained professional liability insurance through the Association’s Insurance Broker.
2.1.7. Student Manual Osteopathic Therapist Member
2.1.7.1. Only required if they have obtained professional liability insurance through the Association’s Insurance Broker.
3. Standard Required Anniversary Date
3.1. For members residing outside of Nova Scotia the required anniversary date shall be 3 years from the date of completion of their current VSC on record with the Association.
3.2. For members residing in Nova Scotia the required anniversary date shall be 1 year from the date of completion of their current VSC on record with the Association.
4. Notification of Pending Requirement for a New VSC
4.1. Administration shall notify a Member requiring a new VSC 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.
4.2. New VSC documentation must be submitted to the Association on or before the required anniversary date
5. VSC Verification and Acceptance of Documentation for Members
5.1. Administration shall verify that the VSC meets the requirements set out it items 1.1. and 1.2.. If the record does not meet these requirements, it shall be rejected.
5.2. Administration shall verify if the VSC 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.
5.3. In cases where a standard VSC 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, 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.
5.4. Where a new VSC 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:
5.4.1. A fingerprint VSC and full legal disclosure (details surrounding the peace bond(s), restraining order(s), charge(s), or conviction(s))
5.4.2. A sworn declaration and full legal disclosure
5.4.3. A sworn declaration and a copy of the Transcripts of the Court
5.5. Where a new VSC check is returned with new information that has been added more than five (5) years before the VSC 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:
5.5.1. A fingerprint VSC and full legal disclosure (details surrounding the peace bond(s), restraining order(s), charge(s), or conviction(s))
5.5.2. A sworn declaration and full legal disclosure
5.5.3. A sworn declaration and a copy of the Transcripts of the Court
5.6. Where there is a requirement for additional information to be provided under item 5.4. or 5.5. 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.
5.7. Once additional information required under items 5.4. or 5.5. 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.
5.7.1. Additionally, where the additional information required provided additional details which were not contained in the members previous VSC, then at the discretion of the Executive Director, a member may be required to produce new a new VSC 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.
5.8. If, after receiving any VSC 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.
6. Member Non-Compliance with the Requirement
6.1. If a member does not submit the required VSC prior to the required anniversary date, then Administration shall follow CMMOTA’s Discipline for Non-Compliance Regarding Current Vulnerable Sector Check Policy.
6.2. If a member does not submit subsequent documentation required under items 5.4. or 5.5. by the deadline supplied by Administration in accordance with item 5.6., 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: January 21, 2025
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