What is a Background Check for Employees in Ontario?

When hiring new employees in Ontario, employers often want to be as thorough as possible in their candidate evaluation process. One commonly used tool is a background check, designed to verify the information supplied by applicants and to assess their suitability for the job. This article aims to demystify what is a criminal background check for employees in Ontario, what employers and employees can expect, and the legal guidelines that govern this process.

What Does a Background Check Include?

Background checks can vary widely in scope depending on the employer's needs and the nature of the job. Common elements may include:

Criminal Record Check:

This assesses whether the applicant has a history of criminal behavior.

Credit Report Check:

Generally used for positions that involve financial responsibilities.

Employment History Verification:

This confirms the candidate's previous employment, including job titles, responsibilities, and duration.

Education Verification:

Ensures the educational qualifications match what is presented in the CV.

References Check:

Contacting former employers, colleagues, or other professional contacts to evaluate the applicant's job performance and character.

Identity and Address Verification:

This confirms that the applicant is who they claim to be.

Legal Regulations in Ontario

In Ontario, the process of conducting background checks is regulated by several laws, such as the Ontario Human Rights Code, the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Police Record Checks Reform Act.

Consent is Mandatory

One of the most critical points to remember is that employers must obtain written consent from job applicants before conducting a background check. Without explicit permission, performing a background check is illegal.

Discrimination Concerns

The Ontario Human Rights Code prohibits employers from discriminating against candidates based on race, age, sexual orientation, disability, and other protected grounds. This means that information obtained through background checks should only be used if it is directly relevant to the job requirements.

Limitations on Information Use

Not all information revealed in a background check can be used in the hiring process. For instance, a criminal record check may reveal information that, by law, cannot be used to discriminate against a candidate unless it directly impacts their ability to perform the job duties.

Best Practices for Employers

Employers must be cautious when conducting background checks:

Be Transparent:

Clearly explain to candidates the types of checks you will conduct and how the information will be used.

Obtain Written Consent:

Always get written permission from the candidate.

Be Relevant:

Only ask for information directly relevant to the job.

Protect Data:

Store any data collected securely, and dispose of it responsibly once it is no longer neede

Adhere to Legislation:

Stay updated with provincial and federal laws concerning background checks to ensure compliance.

Conclusion

In Ontario background checks serve as a valuable tool for employers to verify an applicant’s credentials and ensure the safety and integrity of their workforce. However, these checks must be carried out responsibly, transparently, and in line with legal regulations to respect individual privacy and prevent discrimination.