HR glossary · Hiring and contracts

Background check

A background check is a pre-hire step to confirm facts about a candidate, such as references, credentials, driving or criminal record, with consent.

Also called: pre-employment screening, pre-employment check, employment screening

What background check means

A background check is any step you take before hiring to confirm facts about a candidate that you cannot learn in an interview. Common checks are reference checks, confirming education or licences, a driving record (driver's abstract) for driving jobs, and a police record check.

There is no single "background check" in Canadian law. Each kind of check has its own rules, and the main limits come from human rights law (what you may consider) and privacy law (what you may collect and how you keep it).

The best checks are tied to the job. A delivery driver's driving record matters. A bookkeeper's driving record does not. Ask only for what the job really needs, and tell candidates which checks you will do.

How it works

Decide which checks each job needs before you post it, and write them into the posting or your hiring notes. That keeps you consistent, so you are not checking some candidates more closely than others.

Time the more personal checks for after a conditional offer. Human rights guidance from Manitoba and Newfoundland and Labrador says to wait until a conditional offer before asking about criminal records, and Ontario's commission says a driver's licence number or copy may be requested only after a conditional offer and only if it is relevant to the job. Waiting means you have already chosen the person on their merits.

Get written consent. Police services need the person's written consent before running a name-based criminal record check, and the person often requests the check themselves and gives you the result. For references, get the candidate's permission before contacting anyone.

Treat results fairly. A record or finding should count only if it is connected to the job. Quebec's rights commission says a conviction counts only if it is connected to the job, and Ontario's commission says you may ask only about convictions that have not been pardoned. Keep results confidential, separate from general files, and only as long as you need them.

Background check by province

Human rights commissions set out when and how you may ask about criminal records and similar matters, and the guidance differs by province.

Where the work is done	The rule
British Columbia	The Human Rights Code protects against discrimination in employment because of a criminal conviction that is not related to the job.
Manitoba	Commission guidance says to wait until a conditional offer before asking about criminal records.
Ontario	You may ask only about convictions that have not been pardoned. Ask for a driver's licence number or copy only after a conditional offer and only if relevant to the job.
Quebec	A conviction may be considered only if it is connected to the job, and a person with a pardon is protected even if the conviction is connected.
Newfoundland and Labrador	Commission guidance says to wait until a conditional offer before asking about criminal records.

Other provinces and territories have their own guidance; check with your human rights commission before using criminal record results.

Example: Screening a delivery driver

Grace runs a 10-person flower shop in St. John's, Newfoundland and Labrador, and is hiring a delivery driver. Her posting says the job needs a valid driver's licence and a clean driving record.

After interviews, she gives her top candidate an offer that is conditional on a satisfactory driver's abstract and two references. She does not ask for a criminal record check, because the job does not involve handling cash or working with vulnerable people. Once the abstract and references come back fine, she confirms the offer.

Reference checks in Staffkin

Staffkin reference checks collect the candidate's consent online and send referees a standard form, then give you a PDF report ($9 each, or included in plans).

Run a reference check

Free tools and guides for this

Questions about background check

Is a background check legal in Canada?

Yes, with the candidate's consent and within human rights and privacy limits. Check only what the job needs and treat findings fairly.

When should I do a background check?

Do reference checks near the end of hiring. For criminal record and driving checks, human rights guidance in several provinces says to wait until you have made a conditional offer.

Can I refuse to hire someone because of a criminal record?

Only if the record is connected to the job, and some records are protected. Ontario protects pardoned convictions, Quebec protects convictions not connected to the job, and British Columbia protects convictions unrelated to the job.

Do I need the candidate's consent?

Yes. Police services need written consent before a name-based criminal record check, and you should get permission before contacting references.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.