Why Employers Need Criminal Record Checks

Employers need criminal record checks to:

• Ensure workplace safety
• Meet legal requirements
• Protect the integrity of their operations
• Safeguard customer trust
• Determine candidate suitability for high-risk roles
• Reduce liability in case of incidents
• Support compliance with industry-specific regulations 
• Create accountability

These checks help verify an applicant’s suitability for roles, especially in industries where trust and accountability are critical. For example, healthcare professionals often work with vulnerable populations, and educators interact with children and young adults — both scenarios requiring a high standard of vetting to mitigate risks. 

Beyond these sectors, financial institutions and positions involving sensitive data or assets also rely on criminal record checks to protect against fraud and security breaches.

Compliance with provincial and federal laws, such as the Police Record Checks Reform Act (PRCRA) in Ontario, is another vital reason. Employers must follow structured processes when requesting checks, safeguarding applicants' privacy and protecting against improper disclosures. For roles requiring vulnerable sector checks, organizations must align with laws like the Child, Youth and Family Services Act to meet specific mandates.

By performing thorough checks, employers fulfill their legal responsibilities while promoting accountability and professionalism.

Types of Criminal Record Checks in Ontario

Ontario has three primary types of criminal record checks; each applies to different employment and volunteer needs and offers varying levels of detail. Understanding these options helps employers align the kind of record check with the risks and responsibilities associated with each position, ensuring compliance and workplace safety.

Criminal Record Check (Basic) 

This check is a straightforward review of criminal convictions from the Canadian Police Information Centre (CPIC) database. It’s typically for roles that don’t involve vulnerable populations, such as administrative, retail, customer service, warehouse work, IT support, hospitality, entry-level office positions, or other jobs requiring minimal security or risk. It confirms an applicant’s criminal history without reviewing judicial matters or non-conviction details.

Criminal Record and Judicial Matters Check

This more comprehensive option includes convictions, findings of guilt under the Youth Criminal Justice Act, and outstanding charges or warrants. Employers in finance or logistics often require this check to ensure candidates’ reliability and legal compliance in positions of responsibility.

Vulnerable Sector Check (Ontario)

This is the most detailed check available, designed for roles involving children, seniors, or other vulnerable groups. It covers all elements of the previous checks and includes pardoned offences for sexual crimes, plus records of non-criminal findings related to mental health. Roles in healthcare, education, caregiving, sports coaching, community service, and social work typically require this scrutiny.

Legal Framework for Criminal Record Checks in Ontario (2025 Updates)

The Police Record Checks Reform Act (PRCRA) standardized criminal record checks across Ontario to ensure transparency. 

The Act mandates informed consent for record checks and restricts the disclosure of sensitive data, such as non-criminal police interactions or mental health-related encounters. Individuals must review their results before sharing them with employers. 

Youth records and information about being a crime victim or witness cannot be disclosed to protect privacy. Specific exemptions apply for sectors like education and childcare, which may require extensive checks.

Updates on Criminal Record Checks in Ontario in 2025

Recent updates emphasize employer responsibilities and privacy enhancements:

• Employers must ensure checks comply with human rights laws, avoiding discrimination based on pardoned offences or unrelated convictions.
• Increased accountability requires strong safeguards for handling sensitive data obtained through checks.
• New privacy legislation could align Ontario more closely with federal standards like the Personal Information Protection and Electronic Documents Act (PIPEDA), addressing gaps in managing employee data.
• Broad record checks will be available on January 1, 2025. After this date, employers may have wider access to certain record checks, depending on additional regulations or requirements.

New regulations under the PRCRA will take effect starting January 1, 2025.

• The changes will exempt police record checks required under the Child, Youth and Family Services Act and the Intercountry Adoption Act from specific PRCRA requirements. This creates a narrower scope for exemptions tied to particular sectors.
• The province is reviewing the PRCRA to determine how often employers can request criminal record checks from candidates or employees. This review may introduce new guidelines that standardize these aspects, impacting hiring and recruitment practices.

Privacy Laws and Employer Obligations

Employers must balance due diligence with respecting candidate privacy. The following regulations reinforce Ontario’s commitment to fairness, transparency, and confidentiality in employment screening:

• The Ontario Human Rights Code protects individuals from employment discrimination due to pardoned offences.
• Employers must demonstrate that background checks are relevant and necessary for the role, especially when disclosing sensitive data.
• Privacy best practices include limiting data retention, restricting access to sensitive information, and conducting regular audits of background check procedures.

Step-by-Step Guide for Conducting Criminal Record Checks in Ontario

Here’s a practical guide to navigating criminal background record checks for hiring in Ontario:

Step #1: Determine the Need

Determine the type of criminal record check appropriate for the role:

• Criminal Record Check: For positions without contact with vulnerable populations.
• Criminal Record and Judicial Matters Check: For those requiring access to sensitive information or trust.
• Vulnerable Sector Check: A must for positions involving children, seniors, or individuals requiring care.

Step #2: Get Candidate Consent

Explain why you need the check and what it covers. Share a clear process outline, then get the candidate's approval. The Police Record Checks Reform Act requires this step.

Step #3: Pick a Provider

Choose a trustworthy background check service. Providers like Hire Performance offer efficient, reliable checks that comply with Ontario’s laws.

Step #4: Submit Your Request

Collect the necessary documents, like ID, and send them to your provider. For Vulnerable Sector Checks, follow the local police’s specific instructions.

Step #5: Review the Results

After the candidate reviews and authorizes the report, you can go over the findings and focus on information related to the job. Securely store or dispose of sensitive details to protect the candidate’s privacy.

Step #6: Make Your Decision

Use the results to decide whether to move forward with the candidate. Avoid biased decisions, and if anything is unclear, get legal advice. Keep a record of how you made your decision for future reference.

Challenges Employers Face During Criminal Record Checks

Criminal record checks are essential, but the process isn’t always seamless. Employers often feel overwhelmed by challenges that can delay or complicate hiring decisions. Here’s a breakdown of some of these common issues:

• Processing delays: Processing times can depend on the type of check and jurisdiction. Vulnerable Sector Checks typically take longer because of more stringent requirements. 
• Missing or unclear info: Reports may sometimes lack clarity or contain limited details about an offence, making it harder to decide how it’s relevant to the role. 
• Consent and compliance issues: Failing to secure proper candidate consent or misunderstanding legislation like the Police Record Checks Reform Act can cause legal risks.
• Privacy concerns: Mishandling information can breach privacy laws and erode candidate trust.
• False or misleading records: Employers may encounter discrepancies or fabricated documents submitted by candidates.
• Regional variances: Different jurisdictions may have varying requirements or limitations, causing confusion during cross-provincial hiring.

Are There Other Checks Besides Criminal Record Checks?

In addition to criminal record checks, employers in Canada can use other background screening services to ensure they hire the right candidate, including:

• Professional Reference Checks: These verify employment history, job roles, performance, and workplace behaviour through direct conversations with previous employers or supervisors. They give insight into the candidate's work habits, interpersonal skills, and strengths.
• Education and Credential Verification: Ensures that the applicant's academic qualifications and certifications are accurate and meet the role's requirements.
• Driver Abstracts: These checks review the candidate’s driving record for violations or suspensions (for roles requiring the applicant to drive a vehicle).
• Social Media Checks: Evaluate a candidate’s public online behaviour to see if it aligns with company values.
• Credit Checks: Typically used for roles involving financial responsibilities, these checks assess financial stability and identify potential risks.
• Enhanced Criminal Record Checks and Vulnerable Sector Checks: These are more detailed checks often required for roles involving vulnerable populations or high-security environments.
• International Criminal Record Checks: This check provides a criminal background overview from international jurisdictions for candidates with a history in other countries.
• Exit Interviews and Credential Accreditation Verification: Additional tools to understand candidates better and confirm specialized qualifications.

FAQs About Criminal Record Checks in Ontario