Removing the "Canadian experience" barrier in employment and rights and responsibilities under the Ontario Human Rights Code.
July 2013 - While the Ontario Human Rights Commission (OHRC) recognizes the significance of all of the barriers newcomers potentially face when trying to access the job market, this policy will focus on “Canadian experience” as an employment or accreditation requirement, and as a practice that raises human rights concerns. The OHRC’s position is that a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test this policy sets out.
The Ontario Human Rights Commission (OHRC) is releasing a public statement (attached) clarifying the legitimate status of preferential employment and contracting provisions within Impact and Benefit Agreements (IBAs) under Ontario’s Human Rights Code (the Code). Our position is that the preferential employment and contracting provisions in IBAs are consistent with “special programs” under section 14 of the Code.
Some employers ask people applying for jobs if they have “Canadian experience.” That can make it much harder for people new to Canada to find work. Some “regulatory bodies” (such as the professional associations for accountants or doctors) also ask for Canadian experience.
The Ontario Human Rights Commission (OHRC) believes that asking for Canadian experience can result in discrimination. Employers and regulatory bodies should always have to show why Canadian experience is needed.
This policy is about identifying and preventing both individual and systemic racial profiling in law enforcement. It is meant to be a resource, primarily for law enforcement authorities.
1. What do you mean by a “Canadian experience” requirement?
This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.
Toronto – A new survey launched today by the Ontario Human Rights Commission (OHRC) asks job seekers and employers to describe how “Canadian experience” requirements in the Ontario job market have affected them. “In our conversations with newcomers, they often talk about the requirement for ‘Canadian experience’ as a big barrier to their entry into the workforce,” commented OHRC Chief Commissioner Barbara Hall, “We want to learn more about how this requirement plays out in real life.”