Many companies, including employment agencies and the YMCA, ask job applicants for a criminal background check before hiring. By Ontario law, children's aid societies are required to see a foster parent applicant's criminal background check before allowing any children into the foster parent's care.
Click here to read the reasons, listed in numbered point form, under which Toronto Police will conduct a requested reference check. To prevent job seekers to constantly have to pay for police reference checks, Toronto police will only conduct the police reference check when an employer has shown interest in hiring the job seeker and the employer, by asking for the check is not in violation of the Ontario Human Rights Code. T.O. employers may no longer ask candidates to bring a police reference check with them to interviews and job fairs.
Employers ask for police reference checks to see if an applicant has any convictions or charges pending before the courts. Applicants with such situations usually don't earn employment with companies even though Section 5.1 of the Ontario Human Rights Code, (transcribed below), says applicants with past criminal convictions cannot be denied employment.
Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. R.S.O. 1990, c. H.19, s. 5 (1); 1999, c. 6, s. 28 (5); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (5).
Ask if a criminal background check is needed when making an appointment for a job interview because many applicants are surprised when interviewers ask for the criminal background check during the interview. Companies are supposed to pre-qualify you for a job before requesting the check as Toronto Police policies describe, but many companies get away with asking for a criminal background check upfront.
Some companies are willing to pay for criminal background checks. Others, deduct the cost of the check from employee's pay. But many ask employees to pay upfront in cash for the check.
GTA companies comtemplating hiring a Toronto resident, must follow Toronto Police procedures on reference checks.
RCMP
The RCMP needs fingerprints before releasing any criminal background information about you.
Scroll down Toronto Police's website to read procedures to follow on this.
Toronto police and the RCMP took action with new rules on providing police reference checks because as the following examples show, Ontario's government does little to protect those wronged by unfair employer practices.