The short version: some Canadian human rights laws protect people with certain criminal records in employment, and the rules differ by province. Federally regulated employers must not discriminate based on a conviction for which a record suspension has been ordered. A clear, job-related policy protects both you and candidates.
What the law says, by jurisdiction
| Jurisdiction | What's protected in employment |
|---|---|
| Federal (CHRA) | Conviction for which a pardon has been granted or a record suspension ordered. Applies to federally regulated employers such as banks and many trucking and telecom companies |
| Ontario | "Record of offences": a pardoned offence (not revoked) or a provincial offence |
| Quebec | A conviction with no connection to the job, or one that has been pardoned (Charter s. 18.2) |
| British Columbia | A criminal or summary conviction offence unrelated to the employment |
| Prince Edward Island | A conviction unrelated to the position |
| Yukon | Criminal charges or criminal record (unless relevant to the job) |
| Northwest Territories | Pardoned criminal conviction or record suspension |
| Nunavut | A conviction for which a pardon has been granted |
| Alberta | Not a listed ground |
This is a summary, not legal advice; check your province's human rights commission or a lawyer for your situation.
Police record checks: ask for what the job needs
In Ontario, the Police Record Checks Reform Act sets three levels: a Criminal Record Check, a Criminal Record and Judicial Matters Check, and a Vulnerable Sector Check. Non-conviction information generally appears only on a Vulnerable Sector Check, under a strict test, and you can't request any check without the person's knowledge and consent.
Why it matters: asking for the right level of check, at the right stage, reduces legal risk and keeps good candidates in your process.
A simple fair-chance process
- Decide which roles truly need a check, and at what level, and write it down.
- Check late, after a conditional offer, so skills are judged first.
- Look at relevance and time: what the offence was, how long ago, and how it relates to the actual duties.
- Give the candidate a chance to explain before deciding.
- Keep it private: limit who sees results and store them securely.
- Point people to information: candidates who ask about record suspensions or U.S. travel for work can use free public resources.
How record suspensions help your workforce
A record suspension keeps a record separate and apart, so it doesn't appear on most criminal record checks. People apply directly to the Parole Board of Canada for a $50 fee; they don't need a lawyer or a paid service. For cross-border roles (for example trucking), note that a Canadian record suspension does not change U.S. border decisions.
Help for your candidates and employees
Record Support Canada gives people a private online starting point. You can share one link without collecting any record details yourself: Employer resources · Staffing resources · Trucking resources
👉 Share the private eligibility check
Record Support Canada is an independent educational and referral resource provided by Federal Pardons And Waiver Services. It is not affiliated with any government. This page is general information, not legal advice. No outcome, timeline or approval is guaranteed.
Sources
- Canadian Human Rights Act, s. 3
- Canadian Human Rights Commission: About human rights
- Ontario Human Rights Commission: Record of offences
- Quebec CDPDJ: Charter articles
- B.C. Human Rights Code
- PEI Human Rights Commission
- Yukon Human Rights Act
- NWT Human Rights Commission
- Alberta Human Rights Commission: protected grounds
- Ontario: Police record checks
- Parole Board of Canada: Applying for a record suspension
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