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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. 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. 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.

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