Conditional offer of employment

A conditional offer is a job offer that only becomes final once set conditions are met, such as a police check, references or a licence.

Also called: conditional job offer, offer subject to conditions, contingent offer

What conditional offer of employment means

A conditional offer of employment is a job offer that depends on one or more things happening before it becomes final. Typical conditions are a satisfactory police record check, reference checks, proof of a licence or certification, a driver's abstract, or proof that the person is legally entitled to work in Canada.

It matters because of timing. Human rights guidance in several provinces says to ask about sensitive matters, such as criminal records or a driver's licence, only after a conditional offer. By then you have chosen the person on their merits, so the check is about whether they meet a real job requirement.

A conditional offer is still an offer. If the person accepts and the conditions are met, you have an employment agreement. Write the conditions clearly so both sides know what happens if one is not met.

How it works

Put the offer in writing. List each condition, what will satisfy it, and the date by which it must be met. For example: "This offer is conditional on a satisfactory criminal record check, received by 15 January 2027." Say what happens if a condition is not met: the offer may be withdrawn.

Use only conditions that the job really needs, and the same conditions for everyone you hire into that job. A criminal record check makes sense for a role that handles cash or works alone in clients' homes. A driver's abstract makes sense for a driving job. Ontario's human rights commission says a driver's licence number or copy may be requested only after a conditional offer and only if it is relevant.

When a check comes back with something on it, do not withdraw the offer automatically. Look at whether it is connected to the job. Quebec's rights commission says a conviction counts only if it is connected to the job. Ontario's commission says you may ask only about convictions that have not been pardoned. Give the person a chance to explain.

Try to finish the checks before the start date. If someone starts work while a condition is still open and you later withdraw, the situation is much harder, because the person is now an employee and termination rules may apply. If a delay is unavoidable, set a short, clear deadline in the letter.

Is it the same in every province?

A conditional offer is a common-law contract idea used across Canada. Provinces differ mainly in what you may make a condition and when: Manitoba and Newfoundland and Labrador human rights guidance says to wait until a conditional offer before asking about criminal records, and Ontario's commission says the same for a driver's licence.

Example: A home care agency makes a conditional offer

Olivia runs a 20-person home care agency in Fredericton, New Brunswick. After interviews, she offers a personal support worker job in writing, conditional on a satisfactory vulnerable sector check, two references and proof of first aid certification, all by 10 December.

The references and certificate arrive within a week, but the police check needs fingerprints. Olivia keeps the start date open rather than letting the worker begin unsupervised visits, and confirms the job in writing when the check comes back clear.

Hollis drafts the letter

Hollis, part of the Staffkin HR Suite, drafts province-specific offer letters for your approval and never sends them on its own. You can also start from the free conditional offer letter template.

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Questions about conditional offer of employment

Can I withdraw a conditional job offer?

If a condition stated in the offer is not met, you can generally withdraw it, as long as the condition and your decision are fair and job-related. Withdrawing for another reason, or after the person has started, carries more risk, so get advice.

When should I ask for a criminal record check?

After a conditional offer. Human rights guidance in Manitoba and Newfoundland and Labrador says to wait until then, and to ask only for what the job needs.

Should a conditional offer have a deadline?

Yes. Give a date by which each condition must be met, so neither side is left waiting.

Is a conditional offer binding?

Once accepted, it is a binding offer subject to its conditions. If the conditions are met, the person is hired on the terms in the offer.

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.