Employer's Guide to Background Check Requirements in Canada

As a Canadian employer, conducting proper background checks is crucial for protecting your business, employees, and customers. This comprehensive guide covers legal requirements, best practices, and compliance considerations.

Legal Framework for Employers

Federal Legislation

• Canadian Human Rights Act: Prohibits discrimination in employment
• Personal Information Protection and Electronic Documents Act (PIPEDA): Governs privacy
• Criminal Records Act: Regulates disclosure of criminal records

Provincial Legislation

Each province has specific requirements:

• Privacy acts governing personal information
• Human rights codes preventing discrimination
• Employment standards for hiring practices

When Can Employers Require Background Checks?

Legitimate Business Reasons

Background checks must be:

• Job-related and necessary
• Proportionate to the risk
• Applied consistently to all candidates

Common Valid Reasons

• Positions involving financial responsibility
• Jobs requiring access to sensitive information
• Roles involving vulnerable populations
• Security-sensitive positions
• Positions of trust or authority

Types of Background Checks for Employers

1. Criminal Record Checks

Searches for criminal convictions relevant to the position.

Best for: Most employment positions requiring basic screening.

2. Police Information Checks

More comprehensive, may include non-conviction information.

Best for: Security positions, positions of trust.

3. Vulnerable Sector Checks

Most comprehensive screening including pardoned sexual offences.

Best for: Positions involving children, elderly, or disabled individuals.

4. Credit Checks

Review of financial history and creditworthiness.

Best for: Financial positions, roles involving money handling.

Legal Requirements and Compliance

Obtaining Consent

• Written consent required before conducting checks
• Clear explanation of what will be checked
• Separate consent for each type of check
• Right to refuse must be explained

Sample Consent Language

"I consent to [Company Name] conducting a criminal record check through SafeHire or similar service. I understand this check will search the CPIC database for criminal convictions. I have the right to refuse this check, but understand it may affect my employment candidacy."

Bona Fide Occupational Requirement (BFOR)

Background checks must meet BFOR criteria:

• Adopted for purpose related to the job
• Adopted in good faith
• Reasonably necessary to accomplish the job purpose

Best Practices for Employers

1. Develop Clear Policies

• Written background check policy
• Consistent application procedures
• Clear job relevance criteria
• Appeal and dispute processes

2. Timing Considerations

• After conditional job offer: Recommended approach
• Before final hiring decision: Allows for discussion
• During probation: May be appropriate for some roles

3. Evaluation Criteria

Consider:

• Nature of the offence vs. job requirements
• Time elapsed since conviction
• Pattern of behaviour or isolated incident
• Evidence of rehabilitation

4. Communication

• Explain the process to candidates
• Provide opportunity to discuss results
• Give written reasons for hiring decisions
• Maintain confidentiality throughout

Provincial Specific Requirements

Ontario

• Police Record Checks Act: Regulates police record checks
• Fair access to regulated professions: Limits on criminal record considerations

British Columbia

• Personal Information Protection Act: Privacy requirements
• Human Rights Code: Anti-discrimination provisions

Alberta

• Personal Information Protection Act: Privacy obligations
• Individual's Rights Protection Act: Human rights protections

Quebec

• Charter of Human Rights and Freedoms: Discrimination protections
• Access to Information Act: Privacy requirements

Common Compliance Mistakes

1. Blanket Policies

Avoid policies that automatically exclude all individuals with criminal records regardless of job relevance.

2. Inadequate Consent

Ensure consent forms are clear, specific, and legally compliant.

3. Improper Timing

Don't conduct checks too early in the hiring process without proper justification.

4. Poor Record Keeping

Maintain proper documentation of decisions and reasoning.

Working with Background Check Providers

Choosing a Provider

Look for:

• Accreditation and certification
• Direct database access (like SafeHire's CPIC connection)
• Fast processing times
• Legal compliance expertise
• Customer support

Questions to Ask Providers

• Are results legally admissible?
• What databases are searched?
• How quickly are results provided?
• What support is available for interpretation?
• Are privacy laws being followed?

Cost-Benefit Analysis

Direct Costs

• Background check fees ($15-$150 per check)
• Administrative time
• Potential delays in hiring

Potential Benefits

• Reduced liability and risk
• Safer workplace environment
• Customer and employee confidence
• Regulatory compliance
• Insurance premium reductions

Dispute Resolution

When Results are Disputed

• Provide opportunity for explanation
• Allow time for verification
• Consider rehabilitation evidence
• Document decision-making process

Appeal Process

Establish procedures for:

• Reviewing disputed information
• Obtaining additional documentation
• Reconsidering hiring decisions
• Maintaining fairness and transparency

Future Trends

Technology Integration

• AI-assisted risk assessment
• Blockchain verification
• Real-time updates
• Mobile-first platforms

Legislative Changes

• Enhanced privacy protections
• Expanded human rights coverage
• Industry-specific requirements
• International harmonization

Conclusion

Conducting background checks as a Canadian employer requires balancing business needs with legal obligations and individual rights. Proper procedures, clear policies, and reliable service providers are essential for compliance and effectiveness.

SafeHire provides fast, legally compliant criminal record checks with direct CPIC database access, helping employers make informed hiring decisions while respecting candidate rights.