Are You Overlooking Your Next Great Hire?
Handshake between employer and candidate representing inclusive hiring practices and recruitment conversation in Nova Scotia workplace.
Rethinking Criminal Record Policies in a Tight Labour Market…..
The Criminal Record Question
Most organizations apply criminal record checks broadly, without asking whether the check is genuinely necessary for the role. That matters more than most employers realize.
Under the Canadian Human Rights Act, discrimination based on a pardoned or record-suspended conviction is prohibited for federally regulated employers. Nova Scotia’s Human Rights Act gives provincial employers more discretion, but discretion is not the same as a blank cheque. A blanket “no criminal record” policy may be costing you good candidates.
What the Law Actually Requires
Not every role requires a criminal record check. The standard that matters is whether the check is a genuine occupational requirement, directly connected to the responsibilities of the position.
A vulnerable sector check is required for roles involving direct contact with children or other vulnerable populations. For general entry-level roles in construction, manufacturing, or administration, the same standard does not automatically apply.
The question to ask is not “does this person have a record?” It is “is this record relevant to this role?”
What Employers Can and Cannot Ask
One of the most practical principles in the interview room: if a question is about the candidate’s ability to do the job, it is usually fair. If it is about who they are, it usually is not.
Employers can ask whether a candidate can perform the essential duties of the role, with or without accommodation. They can ask why someone left their last position.
What they cannot do is probe further if a candidate’s answer touches on a protected ground, including a past personal situation that has since been resolved.
A candidate with a record is not required to disclose it unless a criminal record check is a legitimate requirement of the role. If they do reference a past situation, the appropriate response is to acknowledge and redirect, not dig deeper.
The Bigger Picture
Inclusive hiring is not just a values conversation. In a province where worker shortages have persisted across construction, trades, and care sectors, employers who are willing to look at the full picture of a candidate have a genuine competitive advantage.
A criminal record tells you about someone’s past. It does not tell you about their work ethic, their reliability, or what they are capable of today.
Many individuals have completed their sentences, earned pardons or record suspensions, and are actively looking to build stable employment. Organizations that have made inclusive hiring a deliberate practice often report stronger retention and team cohesion as a result.
When unnecessary barriers are removed, everyone benefits.
A Practical Starting Point
Ask yourself:
Does your organization require a criminal record check for every position, or only where it is genuinely required?
Do your hiring managers know what they can and cannot ask in an interview?
Do your workplace policies reflect the human rights obligations that apply to your organization?
If any of these feel uncertain, it may be worth a closer look.
Not sure whether your hiring practices are supporting your workforce goals?
The EmpowHR HR Snapshot helps you see where your people practices are strong and where gaps may be creating risk or limiting your hiring potential.
About the Author
Jan Underhill, CPHR, is the founder of EmpowHR Consulting, a Nova Scotia-based HR advisory practice supporting nonprofits and small businesses.
📧 jan@empowhrconsulting.ca
🌐 empowhrconsulting.ca
📞 902-222-2046
This article is provided for general information purposes and does not constitute legal advice.
Sources: Service Canada, Nova Scotia Occupational Demand Outlook 2025–2027 (lmi.novascotia.ca); Job Bank, Nova Scotia Economic Scan 2026 (jobbank.gc.ca)