Canada: Recruitment and selection

Updating author: Sharaf Sultan, Sultan Lawyers
Original author: Miller Thomson

See the legal services provided by the author of International > Canada, including any discounts/offers for subscribers.

Summary

• Employers must observe legislation on equality and non-discrimination - generally known as human rights - during the hiring process. (See Discrimination)
• The right to equal treatment laid down in federal or provincial/territorial human rights legislation is infringed when a job advertisement includes requirements or statements that relate directly or indirectly to a prohibited ground of discrimination. (See Advertising vacancies)
• Application forms for jobs must not generally include any questions or require any information relating directly or indirectly to a prohibited ground of discrimination. (See Selection)
• There is no specific legislation pertaining to job offers. (See Job offers)
• Restrictions on the employment of children and young people under the age of 18 are contained in various items of legislation on employment standards, occupational health and safety, and education, with the specific rules depending on the jurisdiction. (See Young people and children)
• In most cases, foreign nationals who intend to work temporarily in Canada require a work permit from Citizenship and Immigration Canada, under the Temporary Foreign Worker Programme. (See Foreign nationals)