You can run background checks on a sales hire in Ontario, but each type has its own rules. A police record check needs the candidate's written consent to the specific type of check, and the results go to the candidate first (Police Record Checks Reform Act, 2015). A credit check needs written notice before you order it (Consumer Reporting Act, s. 10(2)). And the Human Rights Code limits how you can use certain criminal records, so only rely on a record when it genuinely relates to the job.
Most owners treat "the background check" as one step. It's really several different checks, governed by different laws, and the right mix depends on what the sales role actually involves.
What background checks can I run on a sales candidate?
The common ones for sales roles:
- Police record check. Useful where the role involves trust, cash, access to client sites or vulnerable people.
- Driver's record. Essential if the rep drives a company vehicle or spends their days on the road.
- Credit check. Rarely needed for a sales role, but sometimes relevant where the person handles money or financial products.
- Employment and education verification. Confirming the candidate actually held the jobs and credentials they claim.
- References. Different from a background check, and worth doing properly. We've covered reference checks for sales hires separately.
Not every role needs every check. In our view, a check you can't connect to the job is a check you shouldn't run.
How do police record checks work in Ontario?
Ontario's Police Record Checks Reform Act, 2015 sets the rules, and they're stricter than many owners expect.
There are three types of check. A criminal record check, a criminal record and judicial matters check, and a vulnerable sector check (s. 8(1)). The judicial matters check adds things like discharges, outstanding charges, warrants and certain court orders (Government of Ontario, 2026b). A vulnerable sector check is only for positions of trust or authority over children or vulnerable people, and only local police can complete it (Government of Ontario, 2026b). For most sales roles, a vulnerable sector check won't apply.
The candidate must consent in writing to the specific type. A general "you may check my background" line isn't the same thing (s. 8(3)).
The results go to the candidate first. You get a copy only if the candidate gives written consent after they've seen the results (s. 12).
You can use the results only for the purpose you asked for. If you requested a check for hiring, that's what it's for (s. 13).
What does the Human Rights Code say about criminal records?
"Record of offences" is a protected ground for employment under Ontario's Human Rights Code (s. 5(1)). That covers two things: a conviction for a federal offence that has been pardoned, and a conviction for any provincial offence (s. 10(1)). The Code's wording refers to pardons.
The Ontario Human Rights Commission (OHRC, n.d.) notes that this ground covers convictions, not charges alone.
You can refuse to hire someone because of a record of offences only where it's a reasonable and bona fide qualification for the job (s. 24(1)(b)). The OHRC's example is a bus driver with serious or repeated driving convictions (OHRC, n.d.). For a sales rep, the same logic might apply to someone with a string of serious driving convictions who'll spend most of the week behind the wheel of a company car.
What doesn't hold up is a blanket rule. "We don't hire anyone with a record" doesn't connect the record to the job.
Can I run a credit check on a salesperson?
Yes, but you must give written notice first. Ontario's Consumer Reporting Act allows a credit report for employment purposes (s. 8(1)(d)(iii)). Before you order one, you must notify the candidate in writing (s. 10(2)), and that notice must be in bold or underlined type of at least 10 points (s. 10(6)).
If you turn down the candidate wholly or partly because of what the report says, you must tell them at that time (s. 10(7)).
The Act says notice, not consent, but in our experience it's good practice to explain why you're running the check. And for most sales roles, ask yourself whether a credit history tells you anything about how someone will sell. Usually it doesn't.
What about driving records?
If a sales rep will drive for work, check. Ontario's three-year driver's record shows driving convictions under the Highway Traffic Act and the Criminal Code, suspensions and demerit points for the past three years (Government of Ontario, 2026a). Anyone with the driver's licence number can order one through ServiceOntario (Government of Ontario, 2026a).
Pair it with a conversation. A single speeding ticket from two years ago is a different story from a recent suspension.
Should I verify employment history and credentials?
Yes. It's one of the most useful checks for a sales hire, because the claims that matter most, like titles, territories and results, are the easiest to inflate.
How common are discrepancies? The best numbers we found come from HireRight, a background screening company, so treat them accordingly. In its 2025 survey of more than 1,000 HR, risk and talent acquisition professionals worldwide, more than three-quarters said they'd found a candidate discrepancy in the past year, most often in employment history (HireRight, 2025). That tells you discrepancies are common. It doesn't tell you what share of candidates misrepresent themselves, and we couldn't find an independent figure for that.
Verify the jobs and dates directly with past employers, confirm any degree or licence the role depends on, and ask references about specific results rather than general impressions.
What about social media checks and privacy?
There's less guidance here than you might think. The federal Privacy Commissioner (Office of the Privacy Commissioner of Canada, 2025) confirms that PIPEDA, the federal privacy law, covers employee and applicant information only for federally regulated businesses like banks, airlines and telecoms. We didn't find federal or Ontario guidance specifically on social media screening by employers. Alberta's privacy commissioner published guidelines in 2011 (Office of the Information and Privacy Commissioner of Alberta, 2011), but they aren't Ontario law.
In our view, the risk with social media checks is what you learn by accident. A profile can reveal a candidate's religion, family status, age or disability, all protected grounds under the Code. Once you've seen it, it's hard to show it didn't affect your decision. If you do look, decide in advance what's job-related, have someone other than the decision-maker do it, and record only what's relevant.
How do I run background checks on a sales hire?
Six steps.
- Decide what the role needs. List the checks that connect to the job. Driving role? Driver's record. Handles cash or client finances? Maybe a police or credit check. Write down why.
- Run checks late in the process. In our view, checks belong with your final candidate, not your long list. It's fairer and it limits how much personal information you collect.
- Get the right consent or notice. Written consent to the specific police check type. Written notice in the required format for a credit check.
- Treat everyone the same way. Same checks for everyone in the same role.
- Connect any concern to the job. If something comes up, ask whether it's a reasonable and bona fide reason not to hire for this role, and talk to the candidate before you decide.
- Keep it confidential. Use results only for the hiring decision, store them securely and limit who sees them.
While you're reviewing your process, remember Ontario's newer hiring rules too. Since January 1, 2026, employers with 25 or more employees can't require Canadian experience in a public job posting or its application form, and must tell interviewed applicants within 45 days whether a hiring decision has been made (Employment Standards Act, 2000; Rules and Exemptions re Job Postings, O. Reg. 476/24). We've covered Ontario's job posting rules in more detail.
Work with us. Ashley Wesley, MA, CHRL, CIM, and our team are based in Guelph, Ontario. Background checks tell you whether someone's record holds up. Our Final Candidate Review tells you whether your finalist is likely to succeed in the role, so you can decide with evidence before you commit. Our handshake guarantee: if the report and process don't help, you don't pay.
In short
In Ontario, a police record check needs the candidate's written consent to the specific type of check, the results go to the candidate first, and you get a copy only with their further consent (Police Record Checks Reform Act, 2015). A credit check needs written notice in bold or underlined type before you order it (Consumer Reporting Act, s. 10). Record of offences, meaning a pardoned federal conviction or any provincial conviction, is a protected ground under the Human Rights Code, so rely on one only where it's a reasonable and bona fide qualification for the job. Even where the Code doesn't apply, it's good practice to connect any record to the job. Check driving records for reps who drive, verify employment history and treat every candidate for a role the same way.
Key takeaways
- Ontario police record checks need written consent to the specific type of check (Police Record Checks Reform Act, 2015, s. 8(3)).
- Police check results go to the candidate first; the employer gets a copy only with further written consent (s. 12).
- Record of offences, meaning a pardoned federal conviction or any provincial conviction, is a protected ground (Human Rights Code, s. 5(1) and s. 10(1)).
- A credit check for employment requires written notice in bold or underlined type of at least 10 points (Consumer Reporting Act, s. 10).
- Since January 1, 2026, employers with 25 or more employees must tell interviewed applicants within 45 days whether a decision has been made (Employment Standards Act, 2000; Rules and Exemptions re Job Postings, O. Reg. 476/24).
Frequently asked questions
Do I need consent for a police record check in Ontario?
Yes. The candidate must consent in writing to the specific type of check (Police Record Checks Reform Act, 2015, s. 8(3)). The results go to the candidate first, and you receive a copy only if they give written consent after seeing them (Police Record Checks Reform Act, 2015, s. 12).
Can I refuse to hire a salesperson because of a criminal record?
Only where the record is a reasonable and bona fide qualification for the job (Human Rights Code, s. 24(1)(b)). Record of offences is a protected ground under Ontario's Human Rights Code, covering pardoned federal convictions and provincial convictions. A blanket "no records" policy doesn't meet that test.
Do I need consent for a credit check in Ontario?
The Consumer Reporting Act requires written notice, not consent, before you obtain a credit report for employment. The notice must be in bold or underlined type of at least 10 points. If you decline the candidate because of the report, you must tell them at that time.
Should I check a sales rep's driving record?
If the role involves driving for work, yes. Ontario's three-year driver's record shows driving convictions, suspensions and demerit points, and can be ordered with the candidate's licence number (Government of Ontario, 2026a).
References
Consumer Reporting Act, R.S.O. 1990, c. C.33. https://www.ontario.ca/laws/statute/90c33
Employment Standards Act, 2000, S.O. 2000, c. 41. https://www.ontario.ca/laws/statute/00e41
Government of Ontario. (2026a, October 19). Get a driver's record. https://www.ontario.ca/page/get-driving-record
Government of Ontario. (2026b, April 27). Police record checks. https://www.ontario.ca/page/police-record-checks
HireRight. (2025, September 15). Identity fraud and candidate discrepancies remain key concerns for employers [Press release]. https://www.hireright.com/company/newsroom/identity-fraud-and-candidate-discrepancies-remain-key-concerns-for-employers
Human Rights Code, R.S.O. 1990, c. H.19. https://www.ontario.ca/laws/statute/90h19
Office of the Information and Privacy Commissioner of Alberta. (2011, December 15). Guidelines for using social media for background checks. https://oipc.ab.ca/social-media-background-checks/
Office of the Privacy Commissioner of Canada. (2025, May 29). Employee records. https://www.priv.gc.ca/en/privacy-topics/employers-and-employees/02_05_d_18/
Ontario Human Rights Commission. (n.d.). Record of offences. https://www.ohrc.on.ca/en/your-rights/code-grounds/record-offences
Police Record Checks Reform Act, 2015, S.O. 2015, c. 30. https://www.ontario.ca/laws/statute/15p30
Rules and Exemptions re Job Postings, O. Reg. 476/24. https://www.ontario.ca/laws/regulation/240476
Disclaimer: This article provides general HR and business information, not legal advice. Employment law turns on the specific facts and changes over time. Before acting on anything here, confirm it with an Ontario employment lawyer.
