Employee Background Checks in Ontario and Privacy Limitations

Posted on 05.05.2021

Image for Employee Background Checks in Ontario and Privacy Limitations

When it comes to privacy, companies have to ensure that they follow the rules and regulations laid down by the government.

For instance, if you’re applying to an organization that operates in the public sector, the organization has to act in accordance with the Federal Privacy Act and the Freedom of Information and Protection of Privacy Act.

Similarly, if you’re in the process of getting hired by a private entity, that operates in an industry that is federally regulated, they have to follow the Personal Information Protection and Electronic Documents Act (PIPEDA).

McCarthy Tetrault and Mondaq share additional insights on candidate privacy when it comes to background checks here. These include:

  • In October 2020, the Ontario government completed a public consultation on new privacy legislation. This legislation would address current gaps in policy and protect people’s privacy by adding comprehensive, up-to-date and robust rules.
  • The Police Record Checks Reform Act (PRCRA) governs the kind of checks that can be performed for screening purposes in the province. These are:
  1. Criminal Records Checks,
  2. Criminal Record and Judicial Matters Checks,
  3. And Vulnerable Sector Checks.*

Additionally, there are general requirements that need to be fulfilled for all these checks, such as:

I. Consent must be obtained before commencing background checks.

II. Certain information cannot be disclosed under the PRCRA such as if an individual was a victim of a crime.

III. Youth records do not have to be shared with employers.

At Triton Canada, we follow these regulations as well as put other measures in place to protect candidate privacy.

a) We work directly with the RCMP. This means that your information is directly and securely collected from the RCMP and local police forces.

b) We are very particular about the information we collect. We are committed to limiting the collection of personal information to only what is necessary for the purposes identified for the services being delivered.

d) We securely store personal information in our databases and protect it with state-of-the-art security safeguards. We have the necessary protocols in place to safeguard your information from unauthorized access, disclosure, use, copying, or modification.

Maintaining privacy is important, and at Triton Canada, we ensure that we provide the highest standard of data privacy and security to our customers.

To learn more about our background checks solutions, call 1-844-874-8667 or visit www.tritoncanada.ca. 

*Note: our police record check services do not include Vulnerable Sector Checks. Vulnerable Sector Checks must be done through a police station.