April 5, 2016 CLIENT Code offence for which a pardon has been granted. Employers should note that disclosure of the latter is prohibited under the new Act. In accordance with the Code, an employer cannot make a hiring decision or an employment decision affected by a “record of offences”. Like the other prohibited grounds of discrimination, employers must be careful not to be seen to rely on a prohibited ground of discrimination with regard to information obtained through background checks or through the interview process.

The adverse consequences of “contravening” the Code can be significant financially and potentially in terms of reputation. Mechanics of a Criminal Background Check Employers should be aware that criminal background checks could take up to several months to complete. Where more than one person is identified with the same name and birth date, fingerprinting may be required in order to obtain results. The details of the process are readily available with employment related agencies that specialize in administering the background check process for employers and can, in some circumstances, expedite the process. Best Practices The best time to request a criminal background check on an employee is during the hiring process.

As a best practice, employers should request consent to conduct a police record check prior to hire and make an acceptable result a pre-condition of employment. Conclusion It is important for companies to have a considered and comprehensive policy on background checks. Organizations must take care to understand the provisions under the new Act, update their policies on criminal record checks in particular and background checks in general to adapt to the new requirements, and current customary practice and to retrain staff responsible for conducting background checks, including criminal record checks. This Client Alert is published by Dickinson Wright LLP to inform our clients and friends of important developments in the field of labour and employment law . The content is informational only and does not constitute legal or professional advice.

We encourage you to consult a Dickinson Wright lawyer if you have specific questions or concerns relating to any of the topics covered in here. FOR MORE INFORMATION CONTACT: W. Eric Kay is a partner in Dickinson Wright’s Toronto Office and can be reached at 416.777.4011 or ekay@ dickinsonwright.com Andrew J. Skinner is a partner in Dickinson Wright’s Toronto Office and can be reached at 416.777.4033 or askinner@dickinsonwright.com ALERT page 2 of 2 .