Ontario employers can legally require background checks, but under the Police Record Checks Reform Act, they cannot demand access to non-conviction records like withdrawn charges. Furthermore, discriminating against a candidate for a pardoned conviction violates the Ontario Human Rights Code.
Searching for a new job in Ontario is stressful enough without the added anxiety of a background check. 🔍 Whether you are applying for a tech role in Waterloo, a financial position in Toronto, or a healthcare job in Sudbury, background checks have become a standard part of the hiring process. However, many candidates do not realize that employers do not have unlimited access to their past. Provincial laws strictly govern what information police can release and how employers can use that information to make hiring decisions.
It is essential to know the difference between an unpardoned summary conviction, an indictable offence, and a record that has been suspended (pardoned). ⚖️ Employers often misinterpret background check results or illegally withdraw job offers based on ancient, irrelevant missteps. Understanding your rights can help you navigate these checks confidently and know exactly when to contact an employment law firm to fight back against discriminatory hiring practices.
Step-by-Step Guide: Navigating Background Checks in Ontario
The rules surrounding police checks in Ontario were significantly tightened to protect candidates’ privacy. 📝 Here is how the process should legally unfold when you receive a job offer conditional on a background check.
Step 1: Providing Written Consent
An employer cannot run a covert background check on you. 📄 Under the Police Record Checks Reform Act, you must provide written, informed consent before any search is conducted. The employer must specify exactly which level of check they are requesting (Criminal Record Check, Criminal Record and Judicial Matters Check, or Vulnerable Sector Check).
Step 2: Receiving the Results First
A crucial protection in Ontario is that the results of the police check must generally be provided to you before they are shared with the employer. 📬 This allows you to review the document for any factual errors. If a local police department accidentally includes a charge that was withdrawn or acquitted, you have the right to request a correction before handing the report to the hiring manager.
Step 3: The Employer’s BFOR Assessment
If you have an unpardoned conviction, the employer must assess whether it is a Bona Fide Occupational Requirement (BFOR) to deny you the job. 🤖 This means the conviction must directly conflict with the core duties of the role. For example, a recent unpardoned conviction for fraud is highly relevant to a bank teller position, but completely irrelevant to a landscaping job.
Step 4: Seeking Legal Recourse for Discrimination
If a company withdraws a job offer because of a pardoned offence, a provincial offence, or a completely irrelevant unpardoned record, you should consult an Ontario law firm. 💬 A lawyer can help you file an application with the Human Rights Tribunal of Ontario (HRTO) or pursue a civil claim for lost wages due to the retracted offer.
Types of Background Checks in Ontario
| Level of Check | What It Discloses | Best Suited For |
|---|---|---|
| Criminal Record Check (CRC) | Only unpardoned criminal convictions (Summary conviction & Indictable offences). | General employment, retail, manufacturing. |
| Criminal Record and Judicial Matters Check (CRJMC) | Unpardoned convictions, plus absolute/conditional discharges, outstanding warrants, and certain court orders. | Roles involving finance, security, or sensitive corporate data. |
| Vulnerable Sector Check (VSC) | Everything in a CRJMC, plus certain pardoned sexual offences. | Teachers, nurses, daycare workers, elder care. |
How Much Does it Cost in Ontario?
The cost of a background check depends on the municipality and the level of detail required. 💵 Generally, the job applicant is asked to cover this fee, though some progressive employers will reimburse you.
- Basic Police Checks: Depending on the local police service (e.g., Toronto Police Service, OPP), a standard Criminal Record Check usually costs between $30 and $50 CAD.
- Vulnerable Sector Checks: These require more administrative work and often cost between $60 and $80 CAD. Fingerprinting, if required to verify identity, may incur an extra fee of around $25 CAD.
- Legal Consultations: If your job offer is unfairly revoked, an initial consultation with an employment lawyer will typically cost $300 to $500 CAD, though some firms offer free reviews for human rights violations.
How Long Does the Process Take?
Obtaining the actual police check can take anywhere from a few days to several weeks. ⌛ Online portals (used by many Ontario police departments) can process a basic CRC in 3 to 7 business days. However, if you have a common name and require fingerprinting to rule out a match with an offender, the delay can stretch to 4 to 8 weeks.
If you are subjected to discrimination and decide to file an application with the Human Rights Tribunal of Ontario (HRTO), you must do so within one year of the discrimination occurring. Navigating the tribunal system to get a settlement or a hearing generally takes 1.5 to 3 years.
Frequently Asked Questions (FAQ)
Can an employer see if I was arrested but not convicted?
Generally, no. Under the Police Record Checks Reform Act of Ontario, non-conviction records (such as withdrawn charges, acquittals, or stays of proceedings) cannot be disclosed on standard employment background checks.
Do I have to disclose youth records?
No. Under the Youth Criminal Justice Act, youth records are highly protected and generally cannot be accessed by employers or used to discriminate against you in the hiring process.
What happens if I refuse to consent to a background check?
If a background check is a standard, consistently applied policy for all candidates in that role, refusing to consent will likely result in the employer withdrawing the job offer. However, the check itself must still comply with provincial laws.
Can I be fired if I get a criminal charge while employed?
Being charged is not the same as being convicted. Firing an employee merely for being charged with an offence is risky for employers. They must prove that the nature of the charge causes significant harm to the company’s reputation or directly prevents you from doing your job.
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