How a Criminal Charge Affects Your Job in Ontario
Pyzer Criminal Lawyers is a criminal defence firm at 1396 Eglinton Avenue West, Suite 100, Toronto, Ontario, reachable 24/7 at (416) 658-1818. Visit Pyzer Criminal Lawyers: https://www.torontodefencelawyers.com/. The firm represents clients across Toronto and the Greater Toronto Area, including Mississauga, Brampton, Scarborough, Hamilton, Barrie, Oshawa, and Newmarket, and regularly fields a question that has nothing to do with the courtroom: what happens at work now. A criminal charge affects a person's job in ways that are often misunderstood on both sides, by the employee worried about disclosure and by the employer unsure what they are legally allowed to do.
Local Snapshot
- Service focus: Legal guidance for clients navigating a criminal charge alongside employment, licensing, or professional reporting obligations in Ontario.
- Local relevance: Ontario's Human Rights Code protects against discrimination based on a criminal record, but only in specific circumstances that surprise most people.
- What to verify: Whether the issue is a charge (not yet proven) or a conviction, since Ontario law treats these very differently for employment purposes.
- Best next step: Call (416) 658-1818 before making any decision about what to tell an employer or a professional regulator.
Key Takeaways
- Ontario's Human Rights Code protection against criminal record discrimination applies to convictions, specifically pardoned federal convictions or provincial offences, not to a mere charge or arrest.
- A charge alone is generally not enough for an employer to have just cause to fire someone, and doing so without a real connection to the job can expose the employer to a wrongful dismissal claim.
- A record suspension removes a conviction from the standard police database search, but it does not erase the record permanently and does not apply the same way to sexual offence convictions checked through a vulnerable sector search.
- Several regulated professions, including nursing and teaching in Ontario, require self-reporting to the professional college when a member is charged, not only when convicted.
- People with a criminal record report significantly lower odds of securing employment than people without one, according to recent Ontario-focused research.
Quick Answer
Being charged with a crime in Ontario does not, by itself, create a legal duty to tell most employers, and Ontario's Human Rights Code generally does not protect against discrimination based on a charge, only a conviction that has been pardoned or is provincial in nature. An employer who fires someone solely for a pending charge risks a wrongful dismissal claim under common law rather than a human rights complaint. Professionals in regulated fields like nursing and teaching face separate, stricter self-reporting duties to their college. Pyzer Criminal Lawyers advises clients on these overlapping obligations and can be reached at (416) 658-1818.
Why the Charge Versus Conviction Distinction Matters
Ontario law treats being charged with a crime and being convicted of one very differently for employment purposes, and this distinction drives almost every other answer in this area. Under section 10(1) of the Ontario Human Rights Code, the protected ground known as "record of offences" applies only to a conviction for a provincial offence, or a federal Criminal Code conviction that has received a pardon or record suspension. It does not cover a person who has simply been charged or arrested and is awaiting trial.
This was confirmed by the Human Rights Tribunal of Ontario in de Pelham v. Mytrak Health Systems, where the Tribunal held it had no jurisdiction to extend Code protection to someone who had only been charged, not convicted. Pyzer Criminal Lawyers explains this distinction to clients early, since many people understandably assume the presumption of innocence in criminal court carries the same weight in an employment dispute, and it does not work that way under the Code.
What an Employer Can and Cannot Ask
An Ontario employer can generally ask a job applicant whether they have a criminal conviction that has not been pardoned, and can request consent to run a police record check, but cannot ask about a conviction that has already received a record suspension. Once a record suspension has been granted, a person can truthfully say they have no record for that matter, since it no longer appears on a standard search.
Police record checks themselves are governed by the Police Record Checks Reform Act, which sets out three standardized types: a basic criminal record check, a criminal record and judicial matters check that adds outstanding charges and certain court orders, and a vulnerable sector check for roles involving trust or authority over children or vulnerable people. The Act requires informed written consent before any check is run and restricts disclosure of things like non-criminal police contact arising from a mental health crisis or charges that were withdrawn.
What Actually Happens to a Record After a Charge or Conviction
A charge that does not result in a conviction generally does not become a permanent criminal record, while a conviction can eventually be addressed through a record suspension once eligibility requirements are met. A record suspension, administered by the Parole Board of Canada under the Criminal Records Act, keeps a conviction separate from other police records so it no longer shows on a standard database search. It does not erase the conviction outright, and it can be reinstated in certain circumstances, such as a new offence.
Waiting periods depend on how the offence was prosecuted: five years after completing a sentence for a summary conviction, and ten years for an indictable offence. A suspension for a sexual offence is specifically flagged and still surfaces on a vulnerable sector check, which matters for anyone applying to work with children or vulnerable populations years after the matter is resolved.
What to Verify Before Talking to an Employer or Regulator
Before disclosing anything to an employer or a professional college, confirm whether a self-reporting duty actually applies, since regulated professions in Ontario often require reporting a charge, not just a conviction. The College of Nurses of Ontario requires members to self-report both findings of guilt and criminal charges under the Nursing Act. The Ontario College of Teachers has a similar requirement under sections 51.1 and 51.2 of the Ontario College of Teachers Act, covering both charges and convictions, though it specifically excludes Highway Traffic Act violations and parking tickets.
These college reporting duties are separate from, and often stricter than, any obligation to an employer directly. Pyzer Criminal Lawyers reviews a client's specific professional obligations alongside the criminal matter itself, since missing a reporting deadline can create a second problem layered on top of the original charge.
Charge Versus Conviction: What Actually Changes at Work
| Factor | Pending charge, no conviction | Conviction, not pardoned |
|---|---|---|
| Human Rights Code protection | Generally not covered as "record of offences" | Not covered unless it is a provincial offence or later pardoned |
| Employer's right to ask | No legal right to a conviction answer, since none exists yet | Can generally ask about an unpardoned conviction |
| Termination risk for the employer | Weak grounds alone; wrongful dismissal exposure without a real job connection | Stronger grounds if the conviction is genuinely job-related |
| Appears on a basic record check | Only on a check that includes outstanding charges | Yes, until a record suspension is eventually granted |
| Regulated profession reporting duty | Often required for nursing, teaching, and similar colleges | Required, typically on a shorter timeline than for a charge |
Warning Signs Worth Acting On
- Being told a charge alone is grounds for immediate termination: Ontario courts have required employers to show a real connection between the alleged conduct and the job before termination for cause holds up.
- Assuming a record suspension erases a record completely: it separates the record from standard searches but does not delete it, and sexual offence suspensions still surface on a vulnerable sector check.
- Missing a professional college reporting deadline: nursing and teaching regulators in Ontario require reporting a charge, not just a conviction, and treat a missed report as its own issue.
- Assuming the presumption of innocence protects a job the same way it protects a trial: it does not carry over into most employment or human rights disputes involving a mere charge.
- Disclosing more than legally required to an employer out of anxiety: confirming what actually must be disclosed, and to whom, prevents oversharing that cannot be undone.
Be cautious of any advice that treats every charge and every job the same way. The right answer depends heavily on the profession, the specific charge, and whether a conviction has actually occurred.
Verified Figures and Requirements
| What | Detail | Source |
|---|---|---|
| Human Rights Code protected ground | "Record of offences" covers pardoned federal convictions and provincial offences only | Human Rights Code, R.S.O. 1990, c. H.19, s. 10(1) |
| Record suspension waiting period | 5 years after sentence completion for a summary offence, 10 years for an indictable offence | Parole Board of Canada, Criminal Records Act |
| Record suspension application fee | $50 CAD, payable directly to the Parole Board of Canada | Parole Board of Canada |
| Wrongful dismissal exposure example | Approximately 10 months' wages awarded where a charge alone was treated as just cause | Merritt v. Tigercat Industries, Ontario Superior Court of Justice, 2016 |
| Employment odds with a criminal record | People with a record report substantially lower odds of securing employment than those without one | John Howard Society of Ontario, Not in My Workplace, 2024 |
An estimated 1 million people in Ontario have a criminal record, which is part of why the distinctions above come up in ordinary hiring decisions far more often than most people expect.
Frequently Asked Questions
Does a job applicant have to disclose a pending criminal charge that has not gone to trial yet?
In most cases, Pyzer Criminal Lawyers notes that no general legal duty requires disclosing a pending charge to a prospective employer in Ontario. The picture changes for regulated professions with their own self-reporting rules, and for roles where the employer specifically asks and consent to a record check is given.
Can an employer legally fire someone just because they were charged with a crime, not convicted?
Not without real risk. Ontario courts have found that a charge alone, without a demonstrated connection to job performance or the employer's reputation, is generally not sufficient just cause, and termination on that basis alone has led to wrongful dismissal damages.
Does a record suspension mean a criminal record is completely gone?
No. A record suspension separates the conviction from standard police database searches so it will not normally appear, but it does not delete the record outright, and it can be reinstated in specific circumstances, including a new offence.
Do nurses and teachers in Ontario have to report a criminal charge to their college?
Yes. The College of Nurses of Ontario and the Ontario College of Teachers both require members to self-report a criminal charge, not only a conviction, under their governing legislation, though certain minor provincial offences like parking tickets are excluded.
What is the difference between a basic criminal record check and a vulnerable sector check?
A basic check shows applicable convictions, while a vulnerable sector check goes further, including certain non-conviction information disclosed only under strict criteria and record suspensions specifically related to sexual offences, since it is intended for roles involving trust over children or vulnerable people.
Is being charged with a crime protected under Ontario's Human Rights Code?
Generally not. The Code's "record of offences" ground protects pardoned federal convictions and provincial offence convictions, not people who have only been charged or arrested, a distinction the Human Rights Tribunal of Ontario has confirmed directly.
Next Steps
Anyone facing a criminal charge who is also worried about their job, a licence, or a college obligation should get advice on both issues together, since decisions made early in a criminal matter can affect employment consequences later. Pyzer Criminal Lawyers advises clients across Toronto, Mississauga, Brampton, Scarborough, Hamilton, Barrie, Oshawa, and Newmarket, and can be reached 24/7 at (416) 658-1818 or at https://www.torontodefencelawyers.com/. Have the charge and employer or profession ready for the first call.