A pre-employment background screening process in Canada that searches the Canadian Police Information Centre (CPIC) database for criminal convictions and outstanding charges.
Key Takeaways
A criminal record check (CRC) in Canada is a search of the Canadian Police Information Centre (CPIC) database, which is maintained by the Royal Canadian Mounted Police (RCMP). The check reveals whether an individual has a criminal record, outstanding warrants, charges, judicial orders, or peace bonds. Employers request criminal record checks as part of the pre-employment screening process to assess whether a candidate's history poses a risk to the workplace, clients, or vulnerable populations. However, Canadian law treats criminal record checks differently than many other countries. Employment decisions based solely on a criminal record can constitute discrimination under federal and provincial human rights legislation. The employer must demonstrate that the criminal record is genuinely relevant to the duties of the position.
In Canada, criminal record checks are not automatic. The individual must consent to the check. Employers can request a CRC as a condition of employment, but they can't run one without the candidate's written permission. The candidate applies in person at their local police service or through an RCMP-accredited agency, provides identification, and the results are sent to the candidate (not the employer). The candidate then decides whether to share the results with the employer. This "consent and disclosure" model gives individuals control over their information, which is a key difference from countries where employers can order checks directly.
Criminal law in Canada is federal, which means CPIC is a national database. However, police services that process checks are provincial or municipal. This creates inconsistency in processing times, costs, and procedures. A check in Toronto may take 15 business days and cost $40, while the same check in rural Nova Scotia might take 60 to 90 days. Some provinces have specific legislation governing when employers can request checks. Ontario's Human Rights Code, for example, prohibits employers from discriminating based on a record of offences for which a pardon (record suspension) has been granted.
Canada uses three distinct levels of criminal record checks, each with different scope and use cases.
The most common type. It searches the CPIC database using the applicant's name and date of birth. Results show any criminal convictions, outstanding warrants, pending charges, absolute and conditional discharges (depending on the province), and any judicial orders. It does not show pardoned offences unless the individual is applying for a vulnerable sector position. Name-based checks have a known limitation: they can produce false positives if another person with the same name and date of birth has a record. In these cases, the individual may need to provide fingerprints for verification.
Required for anyone who will work or volunteer with vulnerable populations, including children, elderly people, and persons with disabilities. The VSC includes everything in a standard CRC plus a search of pardoned sexual offence records. Under the Criminal Records Act, a record suspension (pardon) normally seals a person's criminal record. But the VSC is an exception: pardoned sexual offences are flagged to protect vulnerable populations. These checks take the longest to process because they often require fingerprinting and RCMP-level review.
This is a fingerprint-based check processed directly by the RCMP. It produces a certified document that is accepted by foreign governments for immigration, international employment, and adoption proceedings. The individual submits fingerprints at an RCMP-accredited agency, which forwards them to Ottawa for processing. Results are mailed directly to the applicant. Processing takes 60 to 120 days on average, though the RCMP has been working to reduce wait times.
| Check Type | What It Searches | Who Needs It | Typical Cost | Processing Time |
|---|---|---|---|---|
| Criminal Record Check (CRC) | CPIC for convictions, outstanding warrants, and charges | General employment, volunteer positions | $25-$50 | 5-15 business days |
| Vulnerable Sector Check (VSC) | CPIC plus pardoned sexual offence records | Roles working with children, elderly, or persons with disabilities | $25-$75 | 30-120 days |
| Certified Criminal Record Check | CPIC with an RCMP-certified document (fingerprint-based) | Immigration, international employment, adoption | $25 (RCMP fee) + fingerprint fee | 60-120 days |
Canadian law balances employer safety concerns with the human rights of individuals with criminal records. The rules are more protective of candidates than in most other countries.
The Canadian Human Rights Act prohibits discrimination based on a conviction for which a pardon (record suspension) has been granted. This applies to federally regulated employers (banks, airlines, telecommunications, federal government). Employers can't ask about pardoned offences in interviews or on application forms. If a pardoned offence appears on a background check, the employer can't use it as a reason to deny employment unless there's a genuine and bona fide occupational requirement.
Each province has its own human rights legislation with varying protections. Ontario's Human Rights Code prohibits discrimination based on "record of offences," which covers pardoned convictions and provincial offences. British Columbia's code specifically lists "criminal or summary conviction unrelated to employment" as a protected ground. Quebec's Charter of Human Rights and Freedoms prohibits discrimination based on "a conviction for a penal or criminal offence, if the offence is in no way connected with the employment." Alberta and Saskatchewan have more limited protections. HR teams need to know the specific rules for their province.
Even in cases where a criminal record is relevant, the employer must show that the screening requirement is a bona fide occupational requirement (BFOR). This means three things. First, the requirement was adopted for a rational purpose connected to job performance. Second, it was adopted in good faith. Third, it's reasonably necessary to accomplish the purpose, and accommodating the individual would create undue hardship. For example, requiring a clear criminal record for a daycare worker is likely a BFOR. Requiring the same for a warehouse worker with no access to vulnerable populations probably isn't.
Following the correct process protects both the employer and the candidate. Getting it wrong can result in human rights complaints and legal liability.
Before requesting a CRC, assess whether the role genuinely requires one. Consider the level of trust involved, access to vulnerable populations, financial responsibilities, and access to sensitive information. Document your rationale. If the role doesn't involve any of these factors, you likely don't have legal grounds to require a criminal record check.
Canadian privacy law (PIPEDA for federally regulated organizations, provincial equivalents for others) requires the individual's informed consent before collecting personal information. Provide a clear written explanation of what information will be collected, why it's needed, and how it will be used. The candidate signs a consent form. Never run a check without consent.
Best practice is to extend a conditional job offer first, then request the criminal record check. This approach reduces the risk of discrimination claims because you've already assessed the candidate's qualifications before reviewing their criminal history. The offer letter should clearly state that employment is conditional upon satisfactory results of the criminal record check.
If the check reveals a record, don't automatically rescind the offer. Assess the nature of the offence, how long ago it occurred, whether it's related to the job duties, and any evidence of rehabilitation. The Canadian Human Rights Commission recommends using an "individualized assessment" rather than blanket policies that reject all candidates with records.
Understanding the Canadian pardon system is critical for employers, because pardoned offences carry specific legal protections.
In 2012, Canada replaced the term "pardon" with "record suspension," though both terms are still used. A record suspension seals an individual's criminal record from the CPIC database. It doesn't erase the conviction, but it prevents it from appearing on standard criminal record checks. The Parole Board of Canada processes applications for record suspensions. Applicants must wait 5 years after completing their sentence for summary offences and 10 years for indictable offences before they can apply.
Under the Canadian Human Rights Act and most provincial human rights codes, employers can't discriminate against individuals who have received a record suspension. This means you can't ask about pardoned offences in interviews, on application forms, or during the hiring process. If a pardoned offence somehow comes to your attention, you can't use it to deny employment, terminate, or otherwise disadvantage the individual. The only exception is the vulnerable sector check, which does flag pardoned sexual offences.
Many employers use third-party services to speed up and simplify the screening process. Here's how they compare.
| Provider Type | Examples | Advantages | Limitations |
|---|---|---|---|
| Local police services | Toronto Police, Vancouver Police, Edmonton Police | Official results, lowest cost, accepted everywhere | Slowest processing, in-person application often required |
| RCMP-accredited agencies | Canadian Criminal Real Time Identification Services (CCRTIS) | Fingerprint-based, certified results for immigration | Most expensive, longest wait times |
| Private screening companies | Sterling, Certn, Triton, Mintz Global | Fast (24-72 hours), digital process, employer-friendly reports | Results are unofficial summaries, some positions require police-issued checks |
| Online RCMP portals | RCMP Canadian Criminal Record Check online | Convenient, no in-person visit required | Only available for certain check types, requires verified identity |
Processing times and costs vary significantly by jurisdiction. This creates challenges for employers hiring across multiple provinces.
| Province/Territory | Standard CRC Cost | Standard CRC Processing Time | Vulnerable Sector Processing Time |
|---|---|---|---|
| Ontario (Toronto) | $40-$65 | 10-15 business days | 45-90 days |
| British Columbia (Vancouver) | $28-$50 | 5-10 business days | 30-60 days |
| Alberta (Calgary/Edmonton) | $30-$55 | 5-10 business days | 30-45 days |
| Quebec (Montreal) | $40-$65 | 15-30 business days | 60-120 days |
| Nova Scotia | $30-$45 | 10-20 business days | 45-90 days |
| Manitoba | $30-$50 | 5-15 business days | 30-60 days |
Follow these guidelines to conduct criminal record checks legally, fairly, and efficiently.