Conducting a criminal record check in Canada is regulated by federal and provincial laws to protect individual privacy and ensure fairness in employment and volunteer screening. It is a must-read for the authorities and candidates to know the legalities before conducting a criminal record check in Canada. This article will take you through the legal requirements in the simplest form.
Consent and Notification:
This rule applies to organizations that want to conduct criminal record checks on prospective employees. They need to obtain written permission from the employee before sharing the documents with a third-party agency for the tests. Employee privacy is protected under the Personal Information Protection and Electronic Documents Act (PIPEDA*).Divulging complete information:
Employers also need to tell the type of criminal record check they will conduct for the employee and the depth of the results they expect from the check. Sometimes, when the standard checks are inconclusive, they can ask for the most enhanced level of check, i.e., a fingerprint-based check that can offer full details about a previous criminal record.Identity Verification:
The government mandates a need to verify the candidate's identity for which the criminal record check is being done. You must provide two IDs for the check at the time of application submission. This should be a valid identification with name and date of birth mentioned, and one of the IDs submitted should be a photo ID.Industry-based checks:
Specific sectors, such as schools, healthcare, old age homes, etc., that involve working with children and vulnerable adults must undergo a vulnerable sector check. These checks can only be performed by the local police in your area. If the name-based check turns out to be inconclusive, you may need to undergo a fingerprint-based check.When looking for a criminal background check for employees, it is essential to understand how the information is disclosed and what limitations the employer may face. These pointers may help you with the same:
As discussed earlier, this check is done for positions that involve volunteering or employment with an organization that works directly with children or vulnerable adults. The VSC is done only by the local police. In most cases, they ask for a fingerprint-based check to ensure they know about all past offenses, including pardoned sexual offences or any outstanding cases in the court of law.
Those who apply for a vulnerable sector check might need to provide additional documentation, such as a letter from the requesting organization describing the position and its responsibilities.Following the rules and regulations that the government sets out for criminal record checks is mandatory. It will help speed up the process and ensure employers and employees make informed decisions about their jobs. The rules have been developed with the best interests of all parties involved in mind.
*This law applies to private sector organizations and mandates how personal information is collected, used, and disclosed during commercial activities. It requires employers to obtain explicit consent from individuals before conducting a background check and to provide them with specific disclosures and notices. It emphasizes the need for accuracy, relevance, and transparency in data processing.