Criminal Background Checks in Ontario: Employer's Guide

Criminal background checks in Ontario are governed by provincial statute, the Ontario Human Rights Code, and — depending on your organization — federal privacy law. This guide covers what the law requires, what each check type discloses, and when a licensed private investigator delivers information a police record check cannot reach.

Before you hire, know which check applies to the role. An incorrect check type can expose you to liability; skipping consent requirements violates the Police Record Checks Reform Act.

Key takeaways:

• Ontario’s PRCRA came into force November 1, 2018 and governs all police record checks in the province.
• Three check types exist — choose based on the nature of the role, not convenience.
• PIPEDA does not apply to most Ontario employer background checks; the PRCRA’s own consent rules do.
• A licensed PI background check supplements — but cannot replace — a police record check for criminal history.
• Contact a licensed investigator if you need more than a police database search: +1 (888) 680-0036.

Types of criminal record checks available in Ontario

In Ontario, police record checks are governed by the Police Record Checks Reform Act, 2015 (PRCRA), which came into force on November 1, 2018. The Act standardizes how checks are conducted, restricts what information police can disclose, and prohibits disclosure of mental health contacts and non-conviction records in most circumstances.

The PRCRA authorizes three types of police record checks:

1. Criminal Record Check — discloses applicable criminal convictions and certain Youth Criminal Justice Act findings. This is the standard check for most employment situations where the employer needs confirmation of a candidate’s conviction history.

2. Criminal Record and Judicial Matters Check — adds absolute and conditional discharges, outstanding charges, arrest warrants, and certain judicial orders to the information disclosed in a standard criminal record check. Use this check for roles where pending matters or recent discharges are relevant.

3. Vulnerable Sector Check — the most comprehensive check. It additionally includes findings of not criminally responsible on account of mental disorder, record suspensions related to sexually-based offences, and non-conviction information in limited circumstances. This check is reserved for roles involving trust or authority over vulnerable persons.

Choosing the correct check type matters. Requesting a more invasive check than the role warrants may itself raise Human Rights Code concerns.

Situations that warrant a criminal background check

Background checks are not mandatory for most Ontario employers, but they are standard practice — and risk management — for roles in these categories:

• Financial authority: Cashiers, bank tellers, bookkeepers, payroll staff, and anyone with signing authority or access to significant funds.
• Investment and fiduciary roles: Portfolio managers, financial advisers, estate trustees, and business partners where the relationship involves trusting another person with your financial future.
• In-home access: Live-in caregivers, elder-care workers, housekeepers, and nannies with unsupervised access to a private home and its occupants.
• Work with children or vulnerable adults: Tutors, coaches, childcare workers, social service workers, healthcare aides, and volunteers in youth programs — these roles typically require a Vulnerable Sector Check. When concerns arise about a current caregiver’s conduct rather than screening a new hire, a background check alone isn’t sufficient — a licensed PI investigation can document what is actually happening. See our guide to elder abuse investigations and caregiver surveillance in Ontario.
• Security-sensitive roles: Staff with access to building systems, sensitive records, proprietary data, or executive-level information.
• Contractual obligations: Insurance policies, licensing requirements, or client contracts that require verified background screening of personnel.

According to Statistics Canada’s police-reported crime statistics for 2023, there were more than 201,000 fraud incidents reported to police across Canada — nearly double the rate recorded a decade earlier (501 incidents per 100,000 population in 2023, up from 260 per 100,000 in 2013). The rate of fraud alone rose 12 percent between 2022 and 2023. The Canadian Anti-Fraud Centre’s 2024 annual report records 108,878 fraud reports with total reported losses exceeding $638 million — and the CAFC estimates reported cases represent only 5 to 10 percent of actual fraud losses in Canada. These figures cover all fraud types, not only occupational fraud, but they underscore why employer due diligence matters. For a breakdown of which fraud types are driving those losses — from investment scams to phishing to government impersonation — see our guide to the most common scams in Canada.

If you are unsure whether a role justifies a check, consult a licensed investigator or employment lawyer before proceeding.

What Ontario law says about employer-requested background checks

Two bodies of Ontario law govern how employers conduct criminal background checks: the PRCRA and the Ontario Human Rights Code. Federal privacy law is less relevant than many Ontario employers assume — see the PIPEDA note below.

Consent under the PRCRA. Under the Police Record Checks Reform Act, 2015, an employer or organization cannot request a police record check on an individual without that person’s knowledge and consent. The individual must also receive a copy of the results before the requesting organization does, giving the subject an opportunity to review and correct any errors. Requesting a police record check without consent is a contravention of the Act.

What you can ask under the Human Rights Code. Under section 5(1) of the Ontario Human Rights Code, every person has the right to equal treatment in employment without discrimination on the ground of “record of offences.” Section 10 of the Code defines “record of offences” narrowly: it covers only (a) Criminal Code convictions for which a federal pardon has been granted and not revoked, and (b) convictions under any provincial enactment. Critically, unpardoned Criminal Code convictions fall outside this protected ground — meaning employers may ask about and consider them when hiring.

Ontario employers may ask job applicants whether they have been convicted of a criminal offence for which a pardon has not been granted. Employers may not ask about pardoned convictions or provincial offences. Even for unpardoned convictions, a refusal to hire is only lawful if the employer can demonstrate the offence represents a reasonable and bona fide occupational requirement — meaning there is a genuine, direct connection between the offence and the duties of the role.

The PIPEDA note. PIPEDA (the Personal Information Protection and Electronic Documents Act) applies to employee personal information only at federally-regulated organizations — airlines, banks, telecommunications companies, and interprovincial transportation businesses. Ontario is a provincially regulated jurisdiction without a general private-sector employee privacy statute equivalent to PIPEDA. Ontario employers requesting background checks are not subject to PIPEDA consent obligations for this purpose, though the PRCRA’s own consent requirements apply to police record checks specifically.

When in doubt about your legal obligations, consult an Ontario employment lawyer before designing your screening process.

Criminal record check vs. vulnerable sector check: when each applies

Vulnerable sector checks are reserved for people who work or volunteer in a position of trust or authority over children or other vulnerable persons. Unlike a standard criminal record check, a vulnerable sector check can disclose record suspensions (pardons) for sexually-based offences — information that is otherwise shielded from disclosure. Vulnerable sector checks must be completed by a local police service; authorized third-party providers cannot conduct them.

If the role does not involve a vulnerable population, requesting a vulnerable sector check exceeds what the PRCRA authorizes and may generate a Human Rights Code complaint.

What a PI background check uncovers beyond a police record check

A police record check searches police databases. It reveals what those databases contain — and nothing more. A licensed private investigator background check reaches sources a police record check cannot:

• Civil litigation history: Lawsuits filed, judgments registered, and civil claims that reveal patterns of dispute or financial harm — none of which appear on a police record check.
• Corporate registry filings: Directorships, shareholdings, and business interests, including dissolved or bankrupt companies a candidate may not volunteer.
• Professional credential and licensing verification: Confirms that claimed degrees, designations, and professional licences are real and current — especially important when credentials are required for the role.
• Court record reviews: Publicly available provincial and federal court records beyond what police databases index.
• Structured reference interviews: Conversations with former employers, supervisors, or colleagues conducted professionally and documented in a signed report.

In Ontario, licensed private investigators can conduct background investigations that go well beyond what an applicant self-discloses — including civil litigation history, corporate registry searches, professional credential verification, court record reviews, and structured reference interviews. They cannot access CPIC (the Canadian Police Information Centre) directly; only police services and specifically authorized agencies have CPIC access. For criminal record history, a PI background check supplements — but does not replace — a PRCRA-governed police record check.

To discuss what a PI background investigation covers for your specific situation, contact Discreet Investigations at +1 (888) 680-0036.

Common mistakes Ontario employers make with background checks

Avoiding these errors protects your organization from Human Rights Code complaints and legal liability:

• Requesting a more invasive check than the role requires. A Vulnerable Sector Check for a warehouse role is disproportionate and may constitute a Human Rights Code violation.
• Skipping written consent. The PRCRA requires the subject’s knowledge and consent before any police record check can be requested. Verbal acknowledgement is not sufficient; document the consent.
• Asking about pardoned or provincial offences. Under the Human Rights Code, employers may not ask about these — even informally, and even if the candidate volunteers the information.
• Using the criminal record as an automatic disqualifier. A blanket “no criminal record” requirement without a genuine occupational nexus is prima facie discriminatory under Ontario law. Assess each case on its merits.
• Relying on a database-only check. Commercial background-check databases are often outdated or incomplete. Courthouse researchers and licensed investigators pull current records directly from official sources.
• Failing to give the subject their results first. Under the PRCRA, the individual must receive a copy of the check results before the requesting organization — employers who skip this step are in breach of the Act.
• Treating a background check as a one-time formality. For roles involving ongoing financial authority or access to vulnerable persons, periodic re-screening is sound practice.

See also: our pre-employment screening service for a complete background investigation package, and our guide to corporate background checks in Ontario when the subject of investigation is a business entity rather than an individual applicant.

How a licensed private investigator conducts a background check

Private investigators licensed under Ontario’s Private Security and Investigative Services Act, 2005 (PSISA) are authorized to conduct background investigations by gathering information on a person’s character, actions, business, occupation, or whereabouts. Unlike a police record check — which only searches police databases and can only be initiated with the subject’s consent — a licensed PI can research public records, civil litigation history, professional licensing databases, corporate registry filings, and court records, and can conduct discreet interviews with references or former employers. Licensed PIs hold no special police powers; they operate within the same legal rights as any member of the public but are trained and accountable under the PSISA and Ontario Regulation 363/07 (Code of Conduct).

A typical PI background check at Discreet Investigations follows this process:

1. Intake and scoping. A confidential consultation to define the scope of the check, the role in question, and what sources are appropriate given the candidate’s consent status.
2. Records research. Courthouse records, corporate registry filings, land title searches, PPSR searches, and professional licensing databases relevant to the role.
3. Credential verification. Direct confirmation of claimed education, designations, and licences with issuing institutions and regulatory bodies.
4. Reference interviews. Structured, professionally conducted conversations with former employers and supervisors, documented in a signed report.
5. Report delivery. A signed, timestamped written report summarizing findings, with copies of supporting documents where available.

Every file handled by Discreet Investigations is overseen by a licensed private investigator. The agency is Licensed · Insured · Bonded.

For employers who need background investigations that go beyond what a police record check provides, contact Discreet Investigations at +1 (888) 680-0036 or visit our pre-employment screening page. For deep due diligence on senior, fiduciary, or M&A targets, our corporate investigations team handles the broader scope. For data on how often candidates misrepresent themselves at the hiring stage, see our research on resume lie statistics. For the post-hire monitoring picture — how much of the Canadian workforce is now subject to keystroke, location, or productivity monitoring, and how Ontario’s Working for Workers Act 2022 reshaped employer disclosure obligations — see our compilation of employee monitoring statistics. The broader workplace research hub collects both threads.