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Record of offences

In employment, a person cannot be discriminated against in employment because of a “record of offences.” Employment decisions cannot be based on whether a person has been convicted and pardoned for an offence under a federal law, such as the Criminal Code, or convicted under a provincial law, such as the Highway Traffic Act. This provision applies to convictions only, and not to situations where charges only have been laid.

Employers must look at a person’s record of offences and consider whether the offence would have a real effect on the person’s ability to do the job and risk associated with them doing it. Employers can refuse to hire someone based on a record of offences only if they can show this is a reasonable and bona fide qualification.

Examples of this might be:

  • A bus driver with serious or repeated driving convictions
  • A daycare worker who works alone with children who is convicted of child sexual abuse in a daycare setting.

Relevant guide:

  1. Letter and submission to the Minister of Municipal Affairs and Housing on proposed regulatory amendments under the Housing Services Act

    February 17, 2022

    I am writing today to provide the Ontario Human Rights Commission’s (OHRC) submission on the government’s Proposed Regulatory Amendments under the Housing Services Act, 2011 – Reg. 367/11. The OHRC is committed to bringing a human rights perspective to government strategies aimed at addressing poverty, homelessness and hunger.

  2. Submission of the Ontario Human Rights Commission to the Ministry of the Solicitor General on the proposed amendments to Regulation 778 under the Ministry of Correctional Services Act

    June 4, 2021 – On April 23, 2021, Ontario’s Ministry of the Solicitor General announced proposed amendments to Regulation 778 under the Ministry of Correctional Services Act, which governs the operation of Ontario’s adult correctional institutions. The Ontario Human Rights Commission welcomes the opportunity to provide this submission, which focuses primarily on the segregation amendments.

  3. OHRC and corrections workers call for dedicated funding to address crisis in Ontario corrections

    January 21, 2020

    In an unprecedented joint submission the Ontario Human Rights Commission (OHRC) and OPSEU Corrections Management-Employee Relations Committee (MERC), which represents front line correctional staff, are calling on the Ontario government to dedicate funds in the 2020 Budget to address the crisis in Ontario’s correctional system.

  4. Joint submission to Ontario’s consultation on the 2020 budget: Necessary investments in Ontario’s correctional system

    January 21, 2020

     

    Introduction

    This joint submission identifies concrete investments that should be earmarked in Ontario’s 2020 budget to protect the health and safety of vulnerable and marginalized Ontarians incarcerated in provincial institutions and the brave men and women working inside them.

  5. Submission of the Ontario Human Rights Commission to the Ministry of the Solicitor General on the proposed amendments to the segregation provisions in Regulation 778 under the Ministry of Correctional Services Act

    September 24, 2019

    On August 26, 2019, Ontario’s Ministry of the Solicitor General (the Ministry) announced proposed amendments to Regulation 778 under the Ministry of Correctional Services Act. The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide this submission on the amendments related to segregation.

  6. Prisoners' Justice Day: Significant barriers to progress remain 42 years later

    August 10, 2016

    On August 10, 1974, Edward Nolan died by suicide in a segregation cell at Millhaven Institution in Bath, Ontario. Each year on August 10, we commemorate Prisoners' Justice Day to remember Nolan and all of the prisoners who have died in custody, and to renew calls to respect the basic human rights of prisoners housed in jails, correctional centres, and penitentiaries across the country.

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