Can I Be Dismissed for Having a Criminal Record?
Short answer: Sometimes—but not always. In Ontario, employers can generally end employment without cause (with proper notice or severance), and an unpardoned criminal conviction isn’t a protected human-rights ground. However, the Human Rights Code does protect people from discrimination based on a “record of offences” (a narrow category explained below). There are also strict rules around what kind of police checks employers may request and what they can ask in hiring.
What is actually protected? (“Record of offences” ≠ any criminal record)
Under Ontario’s Human Rights Code, the protected ground is “record of offences,” which means only:
a provincial offence conviction (e.g., under the Highway Traffic Act), or
a federal criminal conviction that has been pardoned/record suspension (and not revoked).
Charges, withdrawals, acquittals, peace bonds, and unpardoned criminal convictions are not covered by this ground.
Practical effect: If your situation fits “record of offences,” an employer cannot fire or refuse to employ you because of that record—unless they prove it’s a reasonable and bona fide qualification for the job (the “BFOR” exception).
When can an employer legally terminate over criminal issues?
Without cause (most common): Employers may terminate employment for many business reasons unrelated to protected grounds, provided they meet notice/severance obligations. If the reason is your protected “record of offences,” they must show a BFOR link (for example, a role that truly requires a clean driving record after multiple serious driving convictions).
For cause (serious misconduct): A criminal act related to the job (e.g., theft from the employer) can support just cause. Off-duty criminal conduct or mere charges alone typically aren’t enough—the employer must prove a strong nexus to the workplace (reputation harm, inability to perform, loss of trust/bondability, etc.), often analyzed under the Millhaven factors.
Inability to work: If a conviction leads to loss of a required licence, loss of bondability, or incarceration, termination may be permitted because the employee can’t perform the job (subject to individual facts and any contractual/collective agreement rights).
What can employers ask - and what checks can they run?
Interview questions (OHRC guidance).
Employers should not ask if you have “any criminal record.”
They may ask whether you’ve been convicted of a federal offence for which you have not received a pardon, and they may ask if you are bondable—but only if it’s genuinely required for the job.
Police Record Checks (PRCRA).
Ontario’s Police Record Checks Reform Act standardizes three checks and limits disclosure:
Criminal Record Check
Criminal Record & Judicial Matters Check
Vulnerable Sector Check (VSC) – includes certain record-suspended sexual offences for roles with vulnerable persons. Employers should request only the level necessary and must have consent.
“Record of offences” vs. bona fide job requirements (BFOR)
Even where “record of offences” protection applies, employers may rely on s.24(1)(b) if they prove the record is a reasonable and bona fide qualification given the nature of the job (e.g., serious driving convictions for a bus driver). This is a narrow defence: the employer must show the requirement is rationally connected to the job and necessary, and that accommodation isn’t possible without undue hardship.
If you’re an employee - what to do
Ask why the employer is asking for a check and what level they need.
Confirm accuracy of any information and give context (how old the conviction is, rehabilitation, relevance to duties).
If terminated, get legal advice promptly - especially if your case fits “record of offences” or if the employer relied on charges only.
In Ontario, having an unpardoned criminal record isn’t, by itself, a protected ground - so an employer may end employment if they meet their legal obligations and don’t breach human-rights protections. But if your situation falls under “record of offences,” discrimination is prohibited unless the employer can prove a bona fide job-related requirement. As always, outcomes turn on facts - get advice early.
This post is general information and not legal advice. For guidance on your situation, contact Vanguard Law.