However, as more U.S. employers move their business across the border, this can lead to complications in the hiring process when it comes to conducting consistent and thorough background checks before hiring. While employer background checks are legal in Canada, they govern the rules. There are laws to protect normally sensitive data collected during pre-employment verification. Employers must retain data appropriately and process it appropriately. The Federal Data Protection Act and the Freedom of Information and Data Protection Act cover the storage, processing and use of such data. Since most background checks reveal personal and proprietary information, employers should offer conditional employment prior to a background check. This reduces the risk of discrimination because the rejection is due to the failure of background checks. When employers conduct criminal background checks, they must ensure that they are non-discriminatory, i.e., they cannot select a specific candidate or group of candidates for this exam. If they do, it will be illegal.

Employers also cannot discriminate against anyone because they have a belief, unless they can demonstrate that that belief directly affects their ability to perform the work in question. Yes, most CBS conduct background checks on candidates. These checks may include criminal records, credit reports, employment references, social media, or education and qualifications. While this is important, there are laws to carry out checks and things that employers need to consider. Here`s what you need to know, how to conduct a background check on someone in Canada, and what to expect when it comes to criminal background checks in Canada, work background checks in Canada, and more. Employers need to know exactly what type of background checks they need to perform to find the specific information they need for the hiring process and to avoid unnecessary data breaches. Companies need to conduct thorough background checks with the utmost care when it comes to sensitive information. Hiring a professional and reputable investigative firm can help employers ensure the validity and accuracy of screenings, speed up the decision-making process, and support the best candidate. At GoodHire, we know and understand the nuances of background checks in Canada (and more than 50 other countries, including those in the European Union) to ensure compliance with international data protection laws.

In addition, reviewing a candidate`s basic information ensures that they do not pose a threat or risk to the company, employer, employees, and customers. Ensuring that they do not have a criminal record or recorded incidents that can serve as a red flag for businesses, and what they represent, should be done by employers to avoid misunderstandings in the future. As with all background checks, employers must remain professional with the questions they ask to references so as not to violate data protection laws or human rights laws. Drug and alcohol testing is a form of medical screening. Medical examinations can only be performed after a written conditional offer of employment. To perform this background check, employers must be able to demonstrate that it is necessary for the position for which the candidate is applying. There are many legal and cultural nuances to consider before conducting background checks in Canada. First, the country is divided into ten provinces and three territories, including Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon. The background check process in these provinces and territories can vary considerably depending on the overall process, the information obtained, the languages spoken, privacy regulations, human rights legislation, etc. An employee background check is a process of confirming a candidate`s identity. The potential employer tries to verify the personal data of the candidates at this stage. He ensures that the employer chooses the right person for the position.

When conducting background checks in Canada, employers should be aware of human rights legislation, particularly when using criminal record information to make employment decisions. The Canadian Human Rights Act, which applies to federally regulated industries, prohibits discrimination based on „race, national or ethnic origin, skin colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, marital status, genetic characteristics, disability and conviction for a crime for which a pardon has been granted or for which a stay of records has been granted. was ordained.“ Employers should also exercise caution when conducting credit checks, as there is a risk that an employer will violate the Human Rights Code by refusing to hire a candidate based on age after learning of their date of birth through screening. Canadian data protection laws are fundamentally different from data protection laws in the United States. State employers need to understand the laws that may affect background checks, including privacy and human rights laws at the federal and provincial levels in Canada. The country has very strict data protection laws that cover everything related to the processing of personal information. The main reason to conduct a background check on a candidate is to check that they are exactly who they claim to be and that they are not hiding anything. What types of background checks can employers do? Pre-employment checks collect a significant amount of personal data from the employee as such, there are rules to catch the employer storing this employee data appropriately. The employer must ensure that they understand what information may be collected and how it should be treated when it is collected. Employee background checks are subject to the Federal Data Protection Act and the Freedom of Information and Data Protection Act. If an employer is a government-regulated body, it is subject to the Personal Data Protection and Electronic Documents Act. Data protection laws govern the collection, use, disclosure and retention of personal data.

Canada has many privacy laws that cover both public and private organizations. Failure to comply with data protection laws can lead to time-consuming investigations by data protection officers and reports that can name the offending organization and damage its brand and brand image. There are many general privacy concepts to keep in mind when developing a background check program, including: Employers are also not allowed to discriminate when conducting pre-employment checks, as this is illegal. It is also illegal for employers to ask candidates for their ethnic origin, gender, age or other human rights-protected information during the recruitment process. Employers should also note that they are prohibited from rejecting a candidate on the basis of a minor offence (summary offence) such as a conviction for conduct. Employers also cannot reject applicants on the basis of a criminal offence if they have been pardoned. On the other hand, fingerprinting is a very unusual practice in Canada and is generally only used when it comes to a criminal background check. The collection of this information constitutes a serious invasion of privacy and should only be done when absolutely necessary. Resume and reference checks are very common checks in the hiring process. Reference checks occur when employers contact the candidate`s colleagues such as previous supervisors, colleagues, mentors, people who managed them, and even personal references to review the information provided on the resume and see how the candidate interacted and worked with others, and whether their traits and behaviors fit the company and the position. Any type of background check must be conducted in good faith. You may want to gather as much information as possible before hiring a candidate, but you should also be reasonable about the relevance of the information you collect to the candidate`s ability to do their job.

Do you need to know your cashier`s driving record? Is your science teacher`s credit score important? During checks, the employer must ensure that this is not discriminatory. This means that you cannot select a candidate or group of candidates for verification. Furthermore, the existence of a conviction should not be a ground for discrimination against the applicant, unless such a conviction directly affects his or her ability to do the work. All provinces except New Brunswick have legislation regulating companies that create and provide reports on individuals, including credit bureaus and background check companies. These may be specific laws on „consumer relationships“, „credit reports“ or „personal investigations“ or may fall under general consumer protection legislation. In many ways, consumer reporting laws only repeat or reinforce some of the concepts of data protection law, such as notification and consent, accuracy and the right of access to personal data. Now that you have a basic overview of background check laws and best practices, you can learn more about the specific types of background checks available to employers and how and when they can be done appropriately. Stay tuned for next week`s blog, where we`ll cover the details of half a dozen different types of background checks. Given the nature of background checks and the risks of data misuse, there are a few things every employer to consider. It is inevitable that during the recruitment, interviewing, and background review process, companies will come into contact with information that identifies a candidate`s protected status.