July 7, 2025 . 5 mins read

Understanding the legal requirements for conducting a criminal record check in Canada

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.

Legal Requirements Rules

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.

Information Disclosure and Limitations

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:

The certificate can only contain information relevant to the specific check. The standard check only shows the presence or absence of a candidate's criminal record. To understand the results of a criminal record check, read our article here.
Certain information, such as youth records, non-conviction information, or records for which a pardon has been granted, is restricted or prohibited from disclosure except in exceptional circumstances. You can read about the anomalies here.

Employee rights

According to the laws, the results of all criminal record checks should first be shared with the employee. It is well within their rights to review their results, and then, if they want, they can share them with the employer.
If the candidate feels the result is incorrect, they can also refute it with the authorities that have conducted the check on the candidate.

Compliance and Privacy Laws

Federal (PIPEDA, Privacy Act) and provincial privacy laws regulate collecting, using, and disclosing personal information during the check. Be it third parties, employers, or the local police station that you chose for completing your check, they are not allowed to use the result in ways other than the permitted one. The third-party agencies that provide the best services delete the record once it is dispatched to the client.
Failing to establish secure protocols for retaining and disposing of background check information can lead to unauthorized access or privacy breaches. Moreover, using background check information for purposes other than making employment decisions or unlawfully disclosing it to third parties can result in legal consequences.

Special Requirements for Vulnerable Sector Checks

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.

Conclusion

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.

Written by :

We are a background screening and document verification agency in Toronto. While we cover the Greater Toronto Area for in-person appointments, the bulk of our clientele uses our online services from different countries of the world. Globeia makes it simple and cost-effective for companies and individuals to navigate governmental red tape without breaking the bank.

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