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.