A background check is an inevitable process that helps employers make informed decisions while hiring. In Canada, it is supposed to follow specific legal policies protecting personal information from misapplication and protecting against discrimination. Improperly conducted background checks may put the employer in a vulnerable situation for filing lawsuits. Therefore, the need exists to comprehend all the twists and turns of the Canadian employment law with regard to this subject. This article outlines some of the key steps and considerations for conducting effective and compliant background checks in Canada.
The Legal Framework of Background Screening in Canada
Background screening in Canada finds support from both federal and provincial legislation on privacy. It follows then that employers ought to be bound by the regulations provided for in PIPEDA as well as any other relevant legislation at the provincial level regarding privacy. This law provides that whatever personal information may be collected in the course of hiring shall be relevant, obtained with the consent of the subject, and used only for legitimate employment purposes. As such, it is expected from employers to be open with applicants regarding their gathering of information and the purpose of its usage. They must take written consent from them before initiating the procedure.
Type of Background Checks Allowable in Canada
There are several types of background checks that employers can make in Canada: criminal record searches, verification of employment history, reference checks, and educational qualification checks. However, there are checks like credit checks, which have permissions, under certain conditions, usually if the job entails financial responsibilities. In this respect, the employers will only request necessary background checks so as not to violate or intrude into the private life of a candidate. The employers are advised to consult an employment lawyer Edmonton to ensure that they stick to both federal and provincial legislation.
Candidate’s Consent
Generally, consent is one of the critical components of background checks in Canada. Employers should always obtain written consent from the candidates before conducting any checks. Giving verbal consent to a candidate is not enough; rather, the details of a check through which information shall be collected must be prepared and the purposes for which such information is to be used must be prepared within the ambit of a written form. Employers should also reassure candidates that their information will only be accessible to authorized persons and that it will be kept in a secure manner and destroyed immediately when no longer needed.
Limiting Criminal Record Checks
One sensitive area of background checks is criminal record checks. Canadian employment law generally limits the use of criminal record information unless such a position is in. For instance, it is not allowed in Ontario to ask an employee about convictions that are either pardoned or dismissed. It is further important to determine whether the criminal conviction has relevance to the position faced since such general exclusions of persons with criminal records may amount to claims of discrimination. Only recent or relevant criminal records should be taken into consideration if they actually affect a person’s ability to perform certain activities.
Dodging Discrimination in Background Checks
Canadian human rights legislation disallows any form of discrimination towards applicants because of their race, religion, age, sex, marital status, physical or mental disability, or sexual orientation. Employers must not ask anything that is irrelevant to the performance of the job or the qualifications for the position, since it may connote a discriminatory practice. For instance, questions regarding an applicant’s marital status, health, or citizenship are best not asked. Employers that use information from a background check to make a hiring decision must do so in a non-discriminatory manner with regard to all applicants, without placing anyone in a separate category due to characteristics.
Record Keeping and Disposal
Employers are supposed to handle information about candidates responsibly after their background checks are completed. In this regard, privacy laws specify that personal information, if collected, is securely stored and disposed of when no longer required. Employers are supposed to have a policy on the period to retain information obtained from background checks and ensure that such data is deleted or shredded upon expiration of the retention period. This is a respect for the candidate’s privacy while at the same time observance of privacy laws.
Background checks tend to be an asset for employers in making informed decisions about hiring. Where privacy regulations are adhered to, consent is obtained, and the searches have a relationship with the job, then employers could well conduct legally compliant background checks in Canada. Appropriately negotiating these steps not only protects candidate privacy but safeguards employers from further legal complications. By following this guidance, it provides the basis for trust and transparency between employers and prospective employees who develop a professional and respectful approach to hiring.
