Why RCMP’s New Simple Possession Policy May Cause Background Screening and Hiring Delays

December 1, 2025

A new RCMP policy to seal certain simple-possession of controlled substances convictions is creating confusion and delays across Canada’s background screening ecosystem. Here’s what HR professionals need to know — and why it could be slowing your hiring process.

By Shane Thomas-Lovric, Chair-Elect, Professional Background Screening Association (PBSA) - Canada Council; and Director of Vendor and Contract Management, ISB Global Services.

A new RCMP policy on declaring simple drug possession convictions for Criminal Background Checks has led to confusion and hiring delays countrywide.

As an HR professional, if you’re unaware of the change, puzzled about why you keep receiving “errored out” Criminal Background Checks, or unsure how to explain these changes to new job applicants completing declaration forms during your hiring process — you’re not alone.

To avoid screening delays that impact hiring timelines, it’s important to understand the change and how it affects the way applicants need to declare certain convictions, and for how long.

Here’s what every HR professional needs to know.

Understanding the Change: RCMP Sealing Simple-Possession Convictions

The RCMP has started implementing a new policy to seal — not expunge — convictions for simple possession of controlled drugs or substances under the Controlled Drugs and Substances Act.

“Sealed” means the conviction still exists in police records but should no longer be disclosed through a Criminal Background Check. It sounds simple, but it’s more complex than just telling job applicants to omit these convictions from declaration forms — which we’ll delve into shortly.

First, it’s important to understand the intent behind the change. The policy aims to reduce employment barriers for Canadians with historical minor drug offences, giving them a fair chance at a future without the limitation of a small mistake from their past. It also recognizes that offences such as cannabis possession — now legal in Canada within certain limits — should no longer hinder access to work.

Why It’s Causing Confusion and Delays

As one can imagine when vast amounts of records are involved, the policy’s rollout hasn’t been seamless, and likely won’t be for some time.

While records are being sealed in the National Repository of Criminal Records, many still appear in the Canadian Police Information Centre (CPIC), the database used by police services to verify Criminal Background Checks.

Even so, police services can’t legally disclose that information as part of a Criminal Record. That creates a mismatch between what an applicant declares on their form and what the police can confirm during the background check, essentially forcing the police to return the file, an outcome known as “erroring out.”

When this happens, the file comes back to HR, and the applicant must redo and resubmit their form, which causes delays in the hiring process. Every background screening company in Canada is encountering this same friction point, and it will take some time for the process to be fully implemented.

Until then, HR professionals should understand the declaration rules and timelines within the RCMP policy change to better help applicants complete their forms accurately and avoid delays.

How to Declare What and When: The Three Key Scenarios Explained

Here’s the RCMP’s policy (Article 7.3.1) on the three conviction type disclosure scenarios and what the timelines mean for you:

Scenario	When The Conviction Happened	How Long It Remains Declared	What It Means Now
1. The Applicant was convicted for simple possession of a controlled drug or substance under the Controlled Drugs and Substances Act - Subsection 10.6(1).	On or before Nov. 17, 2022.	Needed to be declared until Nov. 16, 2024	Now sealed — should no longer be declared by applicant on declaration form for Criminal Background Check.
2. The Applicant was convicted for simple possession of a controlled drug or substance under the Controlled Drugs and Substances Act - Subsection 10.6(2) - WITH one year of probation.	On Nov. 18, 2024, (with one year of probation).	Disclosable until Nov. 17, 2027	Still within the declaration period, so will still appear on a Criminal Record Check until Nov. 17, 2027. Applicant should declare it on the form until Nov. 17, 2027.
3. The Applicant was convicted for simple possession of a controlled drug or substance under the Controlled Drugs and Substances Act - Subsection 10.6(2) - WITH two years detention in a correctional facility.	On Nov. 18, 2024, (with two years of detention).	Disclosable until Nov. 17, 2028	Still within the disclosure period, so will still appear on a Criminal Record Check until Nov. 17, 2028. Applicant should declare it on the form until Nov. 17, 2028.

Awareness Avoids Delays

At its core, the RCMP policy change reflects an effort to ensure that past minor drug convictions no longer limit employment opportunities for Canadians.

For HR and background screening professionals, it’s also a reminder that background checks are living systems, evolving alongside legislative and social change.

We’re in a period of adjustment and the issue will be resolved eventually. In the meantime, awareness and education are the best ways to prevent confusion, avoid delays, and help candidates move smoothly through the hiring process.

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About the Author

Shane Thomas-Lovric is the Chair of the Professional Background Screening Association (PBSA) - Canada Council, and Director of Vendor and Contract Management at ISB Global Services – a global leader in background screening services.

Shane joined ISB Global Services in 2022 after working in various legal roles. His experience blends contractual and legal expertise with provider management to help facilitate and grow relationships with ISB’s partners. His past and current areas of focus include legal, compliance, sports, and vendor management. In his role as Director of Vendor and Contract Management, Shane’s goal is to ensure legal and regulatory compliance, facilitate company growth, and foster strong relationships across the industry.

About ISB Global Services

ISB Global Services is a leading provider of background screening, identity verification, and risk management solutions trusted by organizations across North America. With a commitment to accuracy, compliance, and exceptional service, ISB delivers fast, reliable screening tools that help HR professionals make informed hiring decisions and maintain safe, compliant workplaces. From criminal background checks and driver abstracts to international verifications and industry-specific screening programs, ISB supports businesses with end-to-end solutions tailored to their hiring needs.