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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. Human Rights system changes take effect

    June 30, 2008

    Toronto - The Human Rights Code Amendment Act, 2006, S.O. 2006, c. 30 is now in effect. As a result, the Ontario Human Rights Commission will no longer accept complaints of discrimination. All new applications alleging discrimination are to be filed with the Human Rights Tribunal of Ontario (HRTO). Complaints that were filed with the Commission before June 30, 2008 can be changed to applications to the HRTO if the Complainant takes an active step to do so.

  2. Commission launches report calling for collective housing strategy

    July 8, 2008

    Toronto - Chief Commissioner Barbara Hall and the Ontario Human Rights Commission today launched “Right at home: Report on the consultation on human rights and rental housing in Ontario.” This report, which follows a year of public sessions, meetings and submissions involving hundreds of individuals and organizations across the province, focuses on housing as a human right, and sets out a framework for collective action to identify, remove and prevent discrimination in rental housing.

  3. Employers get expert help on human rights in the workplace

    November 5, 2008

    Toronto – The new edition of a human rights handbook will help employers put human rights into action. The Ontario Human Rights Commission today released the newly-updated third edition of Human Rights at Work. This plain-language guide includes examples, best practices, sample forms and other resources to help people develop and maintain inclusive, respectful workplaces that meet the standards of the Ontario Human Rights Code.

  4. Campaign promotes "Housing as a human right"

    March 1, 2010

    Toronto - The Ontario Human Rights Commission, the City of Toronto, the Federation of Rental-Housing Providers of Ontario, the Greater Toronto Apartment Association and the Human Rights Legal Support Centre have joined forces to promote housing as a human right. The partners are encouraging Toronto tenants and landlords to learn more about these rights by today launching a poster that will appear in 120 transit shelters across Toronto during the month of March.

  5. TSP, TPSB and Ontario Human Rights Commission celebrate new milestone

    May 17, 2010

    Toronto - A major joint initiative between the Toronto Police Service (TPS), the Toronto Police Services Board (TPSB), and the Ontario Human Rights Commission (OHRC) to bring about institutional change in combating racism and discrimination celebrates a new milestone. An event celebrating the project’s completion is being held today at 11:50 a.m, at St. Lawrence Hall.

  6. Human Rights 101 eLearning GOES LIVE on June 8, 2010!

    June 8, 2010

    Toronto - The Ontario Human Rights Commission is launching Human Rights 101, the first in a series of eLearning modules on human rights. Developed with assistance from the New Media Studies Program at the University of Toronto Scarborough and input from community stakeholders, Human Rights 101 users will be able to learn about human rights information from anywhere they have internet access. Created to be accessible to a wide range of users, students, office or factory workers, employers or those new to Canada will be able to get information on human rights history, principles, legislation and policies at the click of a button any time of the day.

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