Quick answer: Yes — Canadian employers can legally request a criminal record check as part of their hiring process, but they must obtain the employee’s written consent first. Employers cannot use a criminal record to discriminate in ways that violate human rights legislation — particularly, using a pardoned/suspended conviction as grounds to refuse employment is prohibited in most provinces. The type of role matters: a childcare position requiring a vulnerable sector check is very different from a retail job.
Is It Legal to Ask for a Criminal Record Check in Canada?
Yes. Pre-employment background checks — including criminal record checks — are permissible in Canada. There is no law that prohibits employers from requesting one.
However, several legal constraints apply:
1. Consent is mandatory. Employers must obtain the applicant’s written consent before running a criminal record check. This is required under Canadian privacy law (PIPEDA at the federal level; provincial equivalents in Quebec, BC, and Alberta). Running a check without consent is a privacy violation.
2. Human rights law limits how results can be used. Even if an employer legally obtains a criminal record, they cannot necessarily use it to refuse employment. Human rights legislation in every province prohibits discrimination on protected grounds, and in most provinces “record of offences” is a protected category — meaning employers cannot refuse to hire someone based on a conviction for which they have received a record suspension (pardon).
3. The check must be relevant to the role. Employers in most provinces are expected to consider whether a criminal record is genuinely relevant to the position being applied for. A decades-old fraud conviction may not be relevant to a construction job. A recent assault conviction is highly relevant to a caregiving role.
The Three Tiers of Criminal Record Checks for Employment
Standard employment (most jobs): A name-based police information check is sufficient. Results show criminal convictions and, depending on the check level, outstanding charges and judicial orders. No fingerprints required.
Federal government / security-sensitive roles: A fingerprint-based certified criminal record check through CCRTIS is required. Broader disclosure including outstanding charges and in some cases non-conviction information.
Roles involving children or vulnerable adults: A vulnerable sector check is required. Only police services can conduct this check — it includes a search of pardoned sex offences in addition to convictions.
Can Employers Ask About Past Convictions on an Application Form?
Ontario: The Ontario Human Rights Code protects “record of offences” as a prohibited ground of discrimination — specifically, offences for which a pardon has been granted. Employers cannot ask about pardoned convictions and cannot refuse employment based on them.
British Columbia: The BC Human Rights Code similarly protects individuals from discrimination based on criminal or summary convictions for which a pardon has been granted, or where the applicant has served their sentence.
Other provinces: Most Canadian provinces have similar protections. The specific wording varies — consult your provincial human rights commission.
Correct formulation: Many employers ask “Have you been convicted of a criminal offence for which you have not received a pardon?” — this is the appropriate question. Asking simply “Do you have a criminal record?” may be too broad.
What Can Employers Do If a Check Returns a Conviction?
Finding a conviction does not mean an employer must refuse to hire. Employers should:
- Consider the relevance of the offence to the job duties
- Consider how long ago the offence occurred and evidence of rehabilitation
- Give the applicant an opportunity to explain the circumstances
- Not make automatic exclusions based solely on any conviction — this may constitute discrimination
- Not use a pardoned conviction — specifically protected in most provinces
Red Flags on a Canadian Background Check
Certain findings warrant closer evaluation:
- Recent convictions directly relevant to the role (e.g., fraud for a financial position; assault for a caregiving role)
- Outstanding charges for serious offences
- A pattern of repeated similar offences
- Offences involving dishonesty for positions of financial trust
- Sexual offences for positions involving children or vulnerable persons
Less concerning to most employers:
- Minor or isolated offences from many years ago
- Offences for which a record suspension has been granted
- Non-criminal violations (traffic tickets, provincial offences)
- Discharges that have passed their retention period
Employee Rights During the Background Check Process
- Right to consent: Cannot be required without clear explanation of what is checked and why
- Right to see results: Opportunity to review and correct errors before a hiring decision
- Right to explanation: If a hiring decision is based on your record, you have the right to know
- Right to challenge: File a complaint with your provincial human rights commission if you believe you were discriminated against
Volunteer Organizations and Criminal Record Checks
Organizations working with children or vulnerable adults are generally required — not just permitted — to conduct vulnerable sector checks. This obligation comes from provincial child welfare legislation. Volunteers in these roles can have the federal criminal record check fee waived.
Frequently Asked Questions
Yes, with written consent. Employers must not use results in ways that violate human rights law or pardoned convictions rules.
Not automatically. Refusal may be discrimination if the conviction is irrelevant or pardoned. You can challenge with your provincial commission.
No for standard employment checks. Record suspensions seal convictions in CPIC and most provinces bar discrimination on pardoned records.
Recent convictions relevant to the role are the main concern. Minor, old, or pardoned offences are usually not red flags.
This guide provides general information about Canadian employment background check law. Consult a lawyer or your provincial human rights commission for advice specific to your situation.
