Background screening job candidates is an important part of an employer's recruitment process, helping to identify the best-qualified candidates and manage potential risks associated with a poor hiring decision. There are several different background checks that are generally permissible in Canada and the type of checks an employer may wish to consider will depend on the nature of the position for which the candidate is being considered. Most widely used are those that relate to the educational, employment, criminal and credit history of candidates.
Employers are understandable eager to learn as much about a candidate as possible, however, they must treat carefully. An improperly conducted background check – or a properly conducted one where information obtained is improperly used or disclosed – can exposure an employer to liability. It is critical, therefore, that any background check is conducted in accordance with applicable provincial law. Federally regulated employers must ensure compliance with federal law. Both privacy and human rights legislation, discussed here in relation to provincial law, exist at the federal level as well.
Human rights legislation exists in each of the Canadian jurisdictions, and to the extent that an employer obtains information related to a protected ground, this cannot be a factor in the employer's decision not to hire a candidate. In contrast, privacy statutes and obligations differ among the Canadian provinces when it comes to personal employee information. Both impose important limitations on background checking with respect to what checks are conducted and how the information collected may be used.
Use our interactive map to reveal notable features in each province regarding privacy and human rights as they relate to background checking.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
