Can an Employer Refuse to Hire You Because of a Record?

Ontario's Human Rights Code protects people from discrimination in employment because of a record of offences. But the ground has a narrow, specific meaning.

What "record of offences" covers

• A conviction for a federal offence for which a pardon (now called a record suspension) has been granted and not revoked.
• A conviction for a provincial offence, such as most Highway Traffic Act or other provincial charges.

What it doesn't cover

• Federal criminal convictions without a pardon or record suspension.
• Housing and services: this ground applies only to employment.

Genuine job requirements

An employer can rely on a record if it is a reasonable and bona fide requirement of the job, for example a driving record for a driving job.

Police record checks

Ontario's Police Record Checks Reform Act, 2015 limits what police can disclose, and when, depending on the type of check.

If you face discrimination

Keep notes and copies, and know you can apply to the Human Rights Tribunal of Ontario, usually within one year.

Sources

• Ontario Human Rights Code
• Police Record Checks Reform Act, 2015
• Parole Board of Canada: record suspensions

Read next: Gender Identity and Gender Expression: Your Rights in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: A job interview in an office · A law book beside the scales of justice on a wooden desk.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.