Ontario Employer Background Checks: What Privacy and Human Rights Law Allow

What to take away

Which law covers an Ontario private-sector employer

Ontario has no general private-sector privacy statute of the kind that Alberta, British Columbia and Quebec have. The Office of the Privacy Commissioner of Canada explains that Quebec, British Columbia, Alberta and, for health care matters, Ontario have laws deemed substantially similar to the federal Personal Information Protection and Electronic Documents Act (PIPEDA), and that PIPEDA applies to employee information only in connection with a federal work, undertaking or business. For a typical Ontario employer, that means the rules that shape background checks come mostly from three places: the Police Record Checks Reform Act, 2015, the Ontario Human Rights Code and the Consumer Reporting Act.

If you are hiring for a federally regulated business, such as a bank or an airline, PIPEDA can apply to employee information as well, so ask which regime covers the employer. For a comparison with Alberta's statute, see our overview of Calgary identity verification under Alberta PIPA, and for a general framework see background check rules. Identity checks are a separate step; our guide to verifying your SIN explains who may ask for it.

Police record checks: three types

Ontario's government explains that a police record check, also known as a background check, is a search of police records, often used in employment or volunteer screening. The Police Record Checks Reform Act sets the standards for what the checks include. It authorizes three types.

The province's table also sets time limits. Summary convictions are not disclosed if the request is made more than five years after the conviction. An absolute discharge appears only in the two broader checks and is not disclosed after one year, and a conditional discharge is not disclosed after three years. Convictions for which a pardon has been granted are not disclosed unless authorized by the Criminal Records Act.

Which check should an employer ask for?

The answer is the narrowest check that matches the role. A vulnerable sector check is for people working in a position of trust or authority over children or other vulnerable persons, and a police service can issue one only if the application meets the requirements of the federal Criminal Records Act. For most roles that do not involve vulnerable people, a criminal record check is the proportionate choice.

Consent and your rights as the applicant

An employer cannot request a police record check for an individual without their knowledge and consent. The individual consents by applying for the check. Your rights under the Act include the following:

The Ministry of the Solicitor General does not issue police record checks or approve third-party providers. Some checks can be completed by authorized third-party providers, but vulnerable sector checks must be done by your local police service. The Act has exemptions for certain checks, such as those for firearms licences, listed in the exemptions regulation.

Human Rights Code limits on using a record

The Ontario Human Rights Commission explains that, in employment, a person cannot be discriminated against because of a "record of offences." Employment decisions cannot be based on whether a person has been convicted and pardoned for an offence under a federal law such as the Criminal Code, or convicted under a provincial law such as the Highway Traffic Act. The protection applies to convictions only, not to situations where charges have only been laid.

The Commission says employers must look at a person's record of offences and consider whether the offence would have a real effect on the person's ability to do the job and the risk of them doing it. An employer can refuse to hire someone because of a record of offences only if it can show that this is a reasonable and bona fide qualification. The Commission's examples are a bus driver with serious or repeated driving convictions and a daycare worker who works alone with children and has been convicted of child sexual abuse in a daycare setting.

Practical consequences for hiring:

The Ontario government also notes that organizations requesting police record checks for employment or licensing must ensure their screening process adheres to the Human Rights Code and other relevant legislation.

Credit checks and consumer reports

Ontario's Consumer Reporting Act sets the rules on what can be included in a consumer report, who can access it and your rights to obtain and dispute it. A consumer report can be used to evaluate you for credit, employment, insurance or tenancy. An agency may provide a report only when it has reason to believe the request is for a permitted purpose, and in practice you authorize the organization you deal with, such as an employer, to obtain your report. The law bars some information from reports, including information on race, creed, colour, sex, ancestry, ethnic origin or political affiliation, and information about convictions for crimes after 7 years unless, after conviction, you were granted an absolute discharge or a full pardon.

You have the right to a free copy of your report from any agency online once per month, and to your report and score from Equifax or TransUnion on a stated schedule. If information is incorrect, inaccurate or incomplete, you can dispute it with the agency and, where appropriate, have corrections shared with recent recipients. You can also add a 200-word explanatory statement to your file at no charge. If you are denied credit or charged more and you ask within 60 days, the business must tell you the nature and source of the information and name the agency.

Common questions

Official sources