Criminal Record Checks for Hiring in Canada: Statutory Limits, Consent, and Disclosure

Criminal Record Checks for Hiring in Canada

Criminal record checks are a routine part of hiring in Canada, particularly for roles involving trust, security, or access to sensitive information. More than half of Canadian employers conduct criminal background checks during recruitment. While these checks help manage workplace risk, employers must protect workplace safety without unlawfully intruding on individual privacy or fairness.

In Canada, criminal record screening is governed by a layered legal framework. At the federal level, the Criminal Records Act regulates the collection, retention, and disclosure of criminal record information. Privacy obligations arise under federal and provincial privacy legislation, while the Royal Canadian Mounted Police (RCMP) criminal record database controls national access. Provincial laws—most notably Ontario’s Police Record Checks Reform Act—further define what information police services may disclose and under what circumstances. Together, these rules strictly limit how criminal record information may be requested, accessed, and used in employment decisions.

Running a criminal record check for hiring starts with the right consent form. Using the wrong document can delay screening or invalidate the process. RunSensible Forms helps you quickly find and complete the correct RCMP consent form based on your purpose and jurisdiction. Use Form 6673E for Employment Criminal Record Checks

Why Are Criminal Record Checks Regulated in Canada

Criminal record checks are regulated in Canada because criminal history is highly sensitive personal information, and unrestricted access or misuse can cause serious harm. Without legal controls, employers could over-collect information, rely on unproven allegations, or exclude individuals based on past conduct that is no longer relevant to the job.

Canadian law regulates criminal record checks to balance three competing interests:

1. Workplace safety and risk management
   Employers may need limited criminal history information to assess risk in roles involving trust, security, financial authority, or contact with vulnerable individuals.
2. Individual privacy and rehabilitation
   Criminal records are not public employment credentials. Privacy laws and the Criminal Records Act protect individuals from unnecessary disclosure, particularly where records have been pardoned, sealed, or did not result in a conviction. The legal framework reflects Canada’s policy that people who have completed their sentences—and especially those who have obtained record suspensions—should not face permanent exclusion from employment.
3. Fair and lawful hiring practices
   Human rights law restricts discrimination based on criminal history in certain circumstances and requires that employment decisions be job-related and proportionate. Blanket screening or automatic disqualification policies increase legal risk and can undermine legitimate hiring objectives.

To enforce these principles, Canadian law limits who can access criminal record information, what can be disclosed, and how it may be used. Employers are not permitted to search criminal databases directly. Instead, criminal record checks are conducted through regulated police processes that require informed consent, defined purposes, and controlled disclosure.

How Criminal Record Information Is Controlled

Canada’s legal limits on criminal record screening are enforced at the system level through the Canadian Police Information Centre (CPIC). Operated by the Royal Canadian Mounted Police (RCMP), CPIC functions as the national repository and exchange point for criminal justice information used by police services across the country.

1. CPIC is not an employment screening database and is not accessible to employers. Its purpose is to support law enforcement and justice administration by allowing authorized agencies to verify criminal record information consistently across jurisdictions. Employers receive criminal record information only indirectly, through police-issued record checks that draw from CPIC in accordance with legal and policy restrictions.

What Information Does a Criminal Record Contain

For employment-related screening, criminal record information is drawn primarily from CPIC’s Identification Data Bank, which includes the National Repository of Criminal Records. This repository contains verified criminal conviction records under federal law, supported by fingerprint identification to confirm identity.

A typical criminal record entry includes:

• Indictable and hybrid offences
• Some summary conviction offences, where fingerprints were taken
• Core conviction details, such as the offence, date of conviction, and sentence imposed

Provincial offences, regulatory violations, and by-law infractions are not included in the national criminal record repository and do not form part of a CPIC criminal record check. CPIC may also contain information relating to outstanding charges, warrants, and certain judicial orders. However, this information is not normally disclosed through a basic criminal record check. Where broader screening options exist as judicial matters checks. Any disclosure of non-conviction status information is subject to provincial law and strict policy controls. Many police occurrences, investigative notes, and non-criminal interactions never appear in CPIC and are not part of routine employment screening. This distinction explains why criminal record checks do not provide a complete history of police contact and why their scope is intentionally limited.

Record Access Restrictions and Oversight

Non-police access is granted only through formal agreements and is subject to audit and compliance review. Unauthorized access or use is prohibited. Employers and private organizations are expressly excluded from direct access, regardless of whether an individual provides consent. Only police services and a limited number of approved government bodies may access CPIC. The RCMP administers the system under federal authority and requires all users to comply with the CPIC Reference Manual, which governs permissible access, use, disclosure, and retention of data.

Protected Information and Disclosure Boundaries

Even where information exists within CPIC, Canadian law restricts what may be disclosed through criminal record checks.

Records subject to a record suspension (pardon) must be kept separate and are not disclosable under the Criminal Records Act, except in narrowly defined vulnerable sector circumstances. Improper disclosure is unlawful and may attract criminal, privacy, and human rights consequences.

Non-conviction information, including withdrawn charges, acquittals, stays of proceedings, and mental health-related police contacts, is generally excluded from disclosure. Ontario’s Police Record Checks Reform Act codifies these limits, and other provinces apply similar restrictions through privacy legislation, police policy, and human rights guidance. These boundaries ensure that criminal record checks focus on legally relevant convictions and do not expose individuals to unfair treatment based on allegations or resolved matters.

Consensual Legal Prerequisite for Criminal Record Checks

Because criminal record information is highly restricted, it can only be disclosed through a process grounded in informed, documented consent via form 6676e – Consent for Certified Criminal Record Checks. In Canada, consent is the legal mechanism that allows a police service to conduct a criminal record check and release the results to a third party, such as an employer. Without valid consent, a criminal record check is unlawful, regardless of the employer’s intent or the nature of the position.

The Legal Basis of Consent for Criminal Records

Consent requirements arise from multiple sources of law. The Criminal Records Act governs when criminal record information may be disclosed. Federal and provincial privacy legislation, including PIPEDA and provincial privacy statutes, requires that personal information be collected and disclosed only with knowledge and consent. Human rights law further reinforces that screening must be fair, proportionate, and job-related.

Taken together, these laws require that consent be:

1. Explicit and informed
2. Purpose-specific
3. Limited in scope
4. Given voluntarily

Implied or blanket consent is insufficient for criminal record screening.

Form 6673 – Consent to Disclosure of Criminal Record Information

For name-based criminal record checks, consent is typically documented using RCMP Form 6673 (Consent to Disclosure of Criminal Record Information). This form authorizes a police service to search CPIC and disclose eligible criminal record information to a specified organization.

Form 6673 identifies:

• The individual whose record is being checked
• The organization requesting the check
• The specific purpose of the disclosure (e.g., employment or volunteering)

1. The consent does not grant employers access to CPIC. It permits the police service to release a limited result in accordance with law and policy.

Limits of Criminal Record Consent

Consent does not override statutory restrictions. Even with a signed consent form:

• Pardoned (record-suspended) convictions cannot be disclosed
• Non-conviction information remains protected
• Disclosure is limited to what the law permits for the type of check requested

In other words, consent enables a lawful process—it does not expand the scope of information an employer may receive.

Consequences of Defective or Misused Consent

If consent is missing, unclear, overly broad, or used for a purpose different from what was disclosed to the individual, the resulting criminal record check may be invalid. This can expose employers to:

• Privacy complaints and investigations
• Human rights claims
• Employment litigation
• Regulatory penalties in certain sectors

Proper consent is therefore a legal requirement as well as a risk-management tool.

Vulnerable sector checks carry higher legal risk and stricter eligibility rules. RunSensible makes it easier to apply the right documentation to avoid improper disclosure. Use Form 6675E for Vulnerable Sector Checks

Criminal Record Check Application Procedures

Once valid consent has been obtained, a criminal record check must be requested through a police service or authorized screening process. Employers cannot submit requests directly to CPIC and must follow the procedures established by the jurisdiction in which the check is conducted. Criminal record check application processes are standardized in principle but vary in form across provinces and municipalities.

Police Service Application Channels

Most police services offer multiple submission options, including:

1. Online application portals
2. In-person applications at police stations
3. Third-party providers authorized to submit applications on behalf of police services

Regardless of the submission method, the police service remains responsible for conducting the CPIC search and determining what information may be disclosed.

Information Collected During the Application Process

A criminal record check application typically requires:

1. Personal identifiers (full legal name, date of birth, current and previous addresses)
2. Government-issued identification
3. The requesting organization’s name
4. The stated purpose of the check, employment or volunteering

This information is collected to verify identity, ensure the request is lawful, and determine the appropriate type of check. Police services are required to collect only what is reasonably necessary for these purposes.

Purpose-Based Screening and Legal Justification

The purpose stated in the application directly affects the scope of the check. Police services assess whether the requested screening aligns with:

• The nature of the position
• Applicable legislation or policy
• Human rights and privacy obligations

Requests that are overly broad or lack a clear employment-related purpose may be rejected or limited. Employers cannot request enhanced screening simply as a precaution; the level of screening must be justified by the role.

Jurisdictional Differences in Available Check Types

While all criminal record checks draw from CPIC, provinces and police services offer different categories of checks. For example:

• A basic criminal record check typically confirms the presence or absence of disclosable convictions
• Broader checks may include judicial matters, such as outstanding charges or probation orders, where permitted by law
• Vulnerable sector checks are subject to separate statutory requirements and eligibility thresholds

Ontario’s Police Record Checks Reform Act formally defines these categories, while other provinces rely on police policy and privacy guidance to structure their screening options.

Employer Responsibilities During the Application Stage

Employers are responsible for ensuring that:

1. The type of check requested is job-related and proportionate
2. The stated purpose matches how the information will be used
3. Consent documentation is accurate and retained appropriately

Misstating the purpose of a check or requesting a level of screening not justified by the role can invalidate the process and expose the employer to legal risk.

Employers often run into compliance issues because their consent documents don’t match how the information is actually used. RunSensible Forms standardizes consent, purpose, and disclosure. Browse Canadian Criminal Record Check Forms.

Fingerprint-Based Criminal Record Verification

• In some cases, a name-based criminal record check is not sufficient to confirm identity or resolve a potential match. When this occurs, police services require fingerprint-based verification to ensure accuracy before any criminal record information is disclosed. Fingerprint-based checks are not routine. They are used only when specific legal or identification thresholds are met.

When Fingerprints Are Required

A fingerprint-based check is typically triggered when:

1. A name-based search produces a possible or partial match
2. Multiple individuals share similar identifying information
3. Identity cannot be confirmed with confidence through biographical data alone
4. Fingerprints may also be required for certain regulated positions, licensing processes, or high-risk roles where legislation or policy mandates positive identity confirmation. Employers cannot request fingerprinting as a default screening step. The requirement must be initiated by the police service or imposed by law.

Form 6674 – Consent for Fingerprint-Based Criminal Record Verification

Fingerprint-based checks require a separate, explicit consent using RCMP Form 6674. This form authorizes the RCMP to compare an individual’s fingerprints against the National Repository of Criminal Records to confirm or exclude a match.

Form 6674:

1. Applies only after a name-based check indicates a potential record
2. Is used to verify identity, not to expand the scope of disclosure
3. Does not authorize rethe lease of protected or non-disclosable information

The result of a fingerprint-based check is either confirmation that the individual is the person associated with a criminal record or confirmation that no such record exists.

Privacy and Biometric Data Protections

Fingerprints are considered highly sensitive personal information. Their collection, transmission, storage, and destruction are subject to strict privacy controls under federal and provincial law.

Police services and authorized agencies must:

• Limit use to the specific verification purpose
• Secure fingerprint data against unauthorized access
• Retain data only as long as legally permitted

Employers do not receive fingerprint data and must not retain copies or biometric identifiers.

Key Forms and Documents Used in Criminal Record Checks

Criminal record screening in Canada relies on standardized forms and documents that define consent, scope, and disclosure limits. Using the correct form is essential. An incorrect or incomplete document can invalidate the screening process and expose employers to privacy and human rights risk.

RCMP Form 6673 – Consent to Disclosure of Criminal Record Information

RCMP Form 6673 is used for name-based criminal record checks. It authorizes a police service to search CPIC and disclose any legally releasable criminal conviction information to a specified organization for a defined purpose, such as employment or volunteering.

This form confirms the individual’s identity, identifies the requesting organization, and limits disclosure to the stated purpose. It does not grant access to CPIC and does not permit disclosure of protected information, including record-suspended convictions or non-conviction records.

Employers should use Form 6673 whenever a standard criminal record check is requested and should ensure the purpose listed matches how the results will be used.

RCMP Form 6674 – Consent for Fingerprint-Based Criminal Record Verification

RCMP Form 6674 is required when fingerprint verification is necessary. This occurs when a name-based check produces a possible match or when identity confirmation is required for certain regulated roles.

The form authorizes the RCMP to compare fingerprints against the National Repository of Criminal Records to confirm or rule out a match. It does not expand the scope of information that may be disclosed and does not permit the release of protected or non-disclosable records.

Fingerprint data is handled exclusively by police or authorized agencies. Employers do not receive biometric information and must not retain it.

Police Service Criminal Record Check Application Forms

In addition to RCMP consent forms, most police services require their own application forms. These forms collect personal identifiers, verify consent, and determine the appropriate category of check based on the stated purpose.

Application formats vary by jurisdiction and may be submitted online, in person, or through authorized third-party providers. Employers are responsible for ensuring that the application accurately reflects the role and the level of screening required.

6675e – Consent for Certified Criminal Record Checks

Vulnerable sector checks require enhanced documentation. In addition to consent, employers must demonstrate that the position involves direct authority over children or vulnerable adults and meets the statutory threshold under the Criminal Records Act.

These checks are processed through RCMP-controlled procedures and may involve additional identity verification, including fingerprints. Disclosure remains tightly limited, and misuse of the vulnerable sector process carries significant legal risk.

Employer Recordkeeping Documents

Employers should also maintain internal documentation supporting the screening process. This includes proof of consent, confirmation that the check was completed, and records showing how long the information will be retained.

Best practice is to document the fact that a check was completed and the decision outcome, rather than storing full reports indefinitely. This approach supports compliance while reducing privacy exposure.

Using Criminal Record Information in Employment Decisions

Lawfully obtaining a criminal record check does not automatically justify an adverse hiring decision. Canadian law places clear limits on how criminal record information may be interpreted and used once it has been disclosed. Employment decisions must be grounded in relevance, proportionality, and fairness, rather than the mere existence of a record.

Permissible Use of Criminal Record Information

Employers may consider criminal record information only where it has a direct and meaningful connection to the duties of the position. A proper assessment focuses on whether the past conduct presents a current, job-related risk.

Relevant factors include the nature of the offence, how much time has passed since it occurred, and whether the offence relates to the responsibilities of the role. Evidence of rehabilitation, stable employment history, or changed circumstances should also be weighed. A conviction alone is not determinative; its relevance must be assessed in context.

For example, a prior fraud conviction may reasonably raise concerns for a role involving financial control, while having little or no relevance to positions without access to money or sensitive assets.

Information That Must Not Be Considered

Certain categories of information are legally protected and must not be relied upon in hiring decisions, even if they are disclosed in error. These include:

• Record-suspended (pardoned) convictions
• Charges that were withdrawn, stayed, or resulted in acquittal
• Police occurrence or investigative information
• Mental health–related police contacts

Using this information may violate privacy legislation and human rights laws and can expose employers to legal consequences regardless of intent.

Human Rights Obligations and Individualized Assessment

Human rights law requires employers to avoid automatic exclusion based on criminal history. Blanket policies that disqualify candidates solely because they have a record are rarely defensible. Instead, employers must conduct an individualized assessment that considers whether the record is genuinely incompatible with the position.

Where a criminal record raises concerns, employers are expected to consider whether accommodation is possible without undue hardship and whether exclusion is proportionate to the actual risk involved. Human rights tribunals have consistently found fault where employers fail to perform this analysis.

Documenting Employment Decisions

When criminal record information influences a hiring decision, employers should clearly document the reasoning behind that decision. Records should reflect the job-related rationale, the factors considered, and how the conclusion was reached. Proper documentation not only supports transparency but also strengthens the employer’s position if the decision is later challenged.

Not sure which form applies to your situation? RunSensible’s form-finder helps you Find the Right Law Forms Online and identify the right legal document by answering a few plain-language questions. No account is required.

Final Thoughts

Criminal record checks in Canada operate within a controlled legal framework. Employers cannot access CPIC directly and must rely on police-issued processes that limit what can be disclosed. Consent is the legal gateway to any disclosure, and it does not override statutory protections—record-suspended convictions and most non-conviction information remain restricted.

For employers, compliance comes down to requesting checks only when the role justifies it, using the correct consent forms and procedures, interpreting results through a job-related and individualized assessment, and handling the information securely with limited retention. Done properly, criminal record screening supports workplace safety without creating avoidable privacy and human rights exposure.

FAQs

What does a criminal record check in Canada typically include?

A standard check usually confirms disclosable convictions under federal law (and basic conviction details like offence type, conviction date, and sentence). It does not include provincial offences (like most traffic tickets) and generally excludes non-conviction information.

Why are criminal record checks regulated so tightly in Canada?

Because criminal history is sensitive personal information. The legal framework aims to allow proportionate screening for legitimate workplace risk while preventing over-collection, misuse, and unfair exclusion—especially where information is protected or not job-related.

What is RCMP Form 6673, and when is it used?

Form 6673 is the standard consent form for name-based criminal record checks. It authorizes a police service to search CPIC and disclose allowable results to a specified organization for a specific purpose (such as employment).

Can employers look up someone’s criminal record through CPIC?

No. Employers cannot access CPIC themselves. Criminal record checks must be done through police services or authorized screening processes, and only limited information can be disclosed.

When is fingerprint verification required, and what does RCMP Form 6674 authorize?

Fingerprint verification is typically required when a name-based search returns a potential match or identity cannot be confirmed. Form 6674 is the consent for RCMP-certified fingerprint comparison to confirm or rule out a match—it does not expand what can legally be disclosed.

What is a vulnerable sector check, and when can an employer request one?

A vulnerable sector check is reserved for roles involving trust or authority over children or vulnerable adults. Employers must meet eligibility thresholds. It is not permitted for general hiring or as a “just in case” check.

Can an employer reject a candidate just because they have a criminal record?

Not automatically. Employers should conduct an individualized, job-related assessment that considers relevance, recency, and context. Blanket “no record” policies are rarely defensible and can create human rights risk.

How long can an employer keep criminal record check results, and how should they be stored?

Retention should be limited to what’s necessary for the stated purpose, with secure access controls and a defined destruction process. Keeping reports indefinitely or allowing broad internal access increases privacy exposure and compliance risk.

Resources

1. Criminal Record Checks – Royal Canadian Mounted Police – RCMP
   https://rcmp.ca/en/criminal-records/criminal-record-checks
2. Canadian Criminal Real Time Identification Services Forms – Royal Canadian Mounted Police – RCMP
   https://rcmp.ca/en/criminal-records/criminal-record-checks/canadian-criminal-real-time-identification-services-forms
3. How to Get a Police Certificate – Canada.ca (IRCC Guidance) – Government of Canada
   https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/canada.html
4. Criminal Records – Royal Canadian Mounted Police (CCRTIS National Repository) – RCMP
   https://rcmp.ca/en/criminal-records
5. Police Record Checks – Ontario.ca – Government of Ontario
   https://www.ontario.ca/page/police-record-checks
6. Police Record Checks Reform Act, 2015 (PRCRA) – Ontario Laws – Government of Ontario e-Laws
   https://www.ontario.ca/laws/statute/15p30
7. Personal Information Protection and Electronic Documents Act (PIPEDA) – Government of Canada Justice Laws Website
   https://laws-lois.justice.gc.ca/eng/acts/p-8.6/FullText.html
8. PIPEDA – Office of the Privacy Commissioner of Canada – OPC
   https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/
9. Real Time IDentification (RTID) – Royal Canadian Mounted Police – RCMP
   https://rcmp.ca/en/corporate-information/access-information-and-privacy/privacy-impact-assessments/real-time-identification-rtid
10. CPIC Overview – Canadian Police Information Centre – CPIC official site
    https://cpic-cipc.ca/about-apropos-eng.htm
11. Contact Canadian Criminal Real Time Identification Services (CCRTIS) – RCMP
    https://rcmp.ca/en/criminal-records/contact-canadian-criminal-real-time-identification
12. RCMP General Forms Page (includes criminal record check forms) – RCMP
    https://rcmp.ca/en/corporate-information/forms