"Take A Closer Look At Who You Employ"


Canada General Guidelines



Employers should only ask criminal record related questions if it directly impacts the job.  Further, under the Criminal Records Act, federal government job applications cannot ask questions that could expose a conviction for which a pardon has been granted.  If an employer wishes to obtain information about a person's criminal record history, the question should be phrased: "Have you ever been convicted of an offense for which you have not received a pardon?"  In this case the individual can answer "No."  If the question is not asked in a manner that recognizes the possibility of a pardon, the individual can respond one of two ways:

1)  If the question arises in an interview situation, the employee can answer "Yes, I had a criminal record, but I have received a pardon."

2)  If the question is found on an application form related to federal jurisdiction (e.g. if the employer is the federal government or a bank), the person can ask for a copy of the application and forward it to the Canadian Human Rights Commission.  The Commission will then advise the employer that the question is inappropriate.