A criminal record can affect employment in several general ways, from background checks during hiring to questions about disclosure once someone is already employed. This guide gives a general, practical overview of how these issues typically arise in Ontario, and outlines the general scope of Ontario Human Rights Code protection in this area, which is narrower than many people assume. It is general information only and does not replace legal advice about a specific employment situation.
Background Checks in Hiring
Many employers in Ontario request some form of criminal record check as part of hiring, though the specific level of check requested generally depends on the role. Our page on types of criminal record checks explains the general categories used in Ontario, from a basic check through to a more detailed vulnerable sector check for roles involving vulnerable people. Understanding which type of check a specific job is likely to involve can help set realistic expectations about what may or may not be visible.
In general, a criminal record check requires the applicant's consent, and results are generally shown to the applicant first before being shared with the employer, giving a person a chance to understand what a specific check shows before it goes any further. Employers also generally vary in how they weigh a criminal record once disclosed, since factors such as how long ago an offence occurred, its relevance to the job, and any record suspension can all affect how a specific employer approaches a hiring decision.
Ontario Human Rights Code: "Record of Offences"
The Ontario Human Rights Code includes "record of offences" as a protected ground against discrimination in employment. This is a specifically defined term in the Code, and its actual scope is generally narrower, and often more limited, than people commonly assume, which is why we cover this topic carefully rather than in passing.
What Is Actually Covered
Under the Ontario Human Rights Code, "record of offences" is generally defined to mean a conviction for a provincial offence, or a federal offence for which a record suspension (formerly called a pardon) has been granted under the Criminal Records Act and has not been revoked. In other words, this protection generally applies to provincial convictions and to pardoned or suspended federal convictions specifically, not to federal criminal convictions in general.
"Record of offences" under the Ontario Human Rights Code is a narrow, defined term. It generally covers provincial offences and pardoned federal offences, not federal convictions that have not been the subject of a record suspension.
What Is Not Covered
This is an area that is frequently misunderstood, so it is worth being direct about it: the Code's "record of offences" ground generally does not protect against differential treatment in employment based on an unpardoned federal criminal conviction. In other words, an employer who declines to hire, or takes other employment action against, someone because of an active, unsuspended federal criminal conviction is generally not violating this specific ground of the Human Rights Code, subject to other legal principles that might separately apply, such as general employment law considerations outside of human rights protections.
This means the common belief that "having a criminal record" is broadly protected under Ontario human rights law is generally not accurate as a blanket statement. The protection is generally limited to the specific categories described above, and a person with an unpardoned federal conviction should not assume this ground of the Code will assist them in an employment dispute related to disclosure of that conviction.
Considerations for People Already Employed
Someone who is charged with, or convicted of, an offence while already employed may face separate questions under their employment contract, workplace policies, or general employment law, which are distinct from human rights protections and depend heavily on the specific circumstances, including the nature of the job and the offence involved. These situations are generally fact-specific enough that general guidance has real limits, and speaking with an employment lawyer, in addition to a criminal lawyer where relevant, is generally worthwhile.
Whether a charge or conviction affects an existing job can depend heavily on factors such as whether the conduct relates to the job itself, whether a professional licence or bonding requirement is involved, and what the applicable employment contract or collective agreement says. None of these questions are answered the same way in every workplace, which is another reason general information can only go so far here.
General Practical Considerations
For someone with a criminal record navigating the job market, understanding what a specific background check is likely to show, whether a record suspension may be available, and how a discharge or other outcome is generally treated can all help with realistic planning. Our pages on record suspensions and discharges provide more detail on those specific topics, and a lawyer can help assess options tailored to a specific situation.
It can also help to think ahead about how and when to address a criminal record with a prospective employer, if it is likely to come up. Some people prefer to raise it proactively once an interview process has progressed; others prefer to wait until a background check is specifically requested. There is no single approach that works for every situation, and what makes sense can depend on the industry, the specific role, and the nature of the record involved. A lawyer, or in some cases an employment counsellor familiar with these issues, can help think through the options for a specific case.
Frequently Asked Questions
Does the Ontario Human Rights Code protect me if I have a criminal record?
Only in a narrower sense than many people assume. It generally protects against discrimination based on a provincial offence conviction or a pardoned federal conviction, not an unpardoned federal criminal conviction.
Can an employer refuse to hire me because of an unpardoned criminal conviction?
Generally, the Human Rights Code's "record of offences" ground does not prevent this, since it is generally limited to provincial offences and pardoned federal offences.
Does a record suspension change how the Human Rights Code applies?
Yes, generally. A record suspension can generally bring a formerly unprotected federal conviction within the Code's "record of offences" protection, since that protection generally extends to pardoned offences.
Which criminal record check will my employer likely use?
This depends on the role. See our page on types of criminal record checks for a general overview of the categories used in Ontario.
Is there any protection at all for people with unpardoned convictions?
The specific "record of offences" ground under the Human Rights Code generally does not extend that far, though other legal principles may separately apply depending on the situation, which a lawyer can help assess.
Should I get legal advice about a specific employment situation?
Generally, yes, since outcomes depend heavily on individual facts such as the type of offence, whether it has been suspended, and the specific employment context involved.