Check references and background at the end of the process, after interviews and ideally after a conditional offer. Get the candidate's written consent, collect only what the job requires and ask every referee the same factual questions. In Québec, a criminal record unrelated to the job cannot justify refusing to hire someone.
Reference checks are often rushed, with an informal call the day before the hire. That is a missed opportunity: done well, they confirm what you saw in interviews and lower the risk of a bad hire. Done poorly, they expose the company to privacy or discrimination complaints.
This guide is for business owners, HR professionals and hiring managers, with a closing section for candidates. The rules cited come from official Québec and federal bodies, as of November 2026. They vary by province and sector, so if in doubt, consult legal counsel.
When should you check a candidate's references?
At the end. Québec's Commission d'accès à l'information (in French) says it is too early to collect references when applications come in, and that this step should follow the interviews. It recommends making a conditional job offer before asking for references or consulting external records.
This sequence has two benefits. You only check finalists, which saves time. And candidates know the check is the final step, which reassures them.
What consent do you need before running checks?
You need the candidate's consent before contacting their references. According to the CAI, this can be a signed form stating why the checks are necessary for the job and which third parties will be contacted. At the federal level, the Office of the Privacy Commissioner of Canada has also found that a prospective employer should obtain the candidate's express consent before asking former employers about them.
Consent is not the whole story. The CAI notes that you can only collect information that is necessary for the job. A check that makes sense for a treasurer may not make sense for a welder.
Which checks fit which role?
| Check | When it is justified | Watch out for |
| Professional references | Most roles | Prior consent; same questions for everyone |
| Employment and dates verification | All roles | Stick to verifiable facts |
| Education and credentials | When the role requires a degree or a licence | Verify with the institution or regulatory body |
| Criminal record | Only when tied to a specific job requirement | Prior consent for a police check |
| Credit history | Rarely, for example when handling funds | Consent required; interpret with care |
| Social media | Exceptional, for example a spokesperson role | The CAI recommends avoiding it in most cases |
What can you do about a criminal record?
In Québec, the Commission des droits de la personne et des droits de la jeunesse (in French) explains that an employer cannot refuse to hire someone because of a criminal record if the offence has no connection to the job, or if the person has received a record suspension (pardon). The same protection applies to dismissal and promotion.
For federally regulated employers, the Canadian Human Rights Commission lists a conviction for which a pardon or record suspension has been granted as a prohibited ground of discrimination. Assess the real link between the offence and the duties case by case, rather than applying a zero-tolerance rule.
The Royal Canadian Mounted Police states that a name-based check requires the person's written consent. If identity is not clearly confirmed, fingerprints may be requested. Results are only shared with a third-party company if the candidate authorizes it.
How do you run an effective reference call?
- Confirm the referee's identity and their actual reporting relationship with the candidate.
- Describe the role in two sentences so the answers are relevant.
- Ask the same questions for every candidate, based on your interview guide.
- Ask for examples: "Can you describe a time when...?"
- Close with: "Would you rehire this person? Why?"
- Record factual answers and store them securely, along with the consent form.
Be wary of generalities, positive or negative. A silence or a hesitation calls for a follow-up question, not a conclusion.
Which questions should you avoid during a reference check?
The rules that apply in an interview also apply to references. The CDPDJ notes that employers cannot ask about certain personal characteristics, such as pregnancy, plans to have children, medication or religion, unless the job genuinely requires it. So do not ask a referee anything you are not allowed to ask the candidate.
Stick to the work: duties, quality, reliability, teamwork and results. Also avoid questions about health or sick leave.
How do you check references for an international candidate?
International recruitment adds a few challenges: time zones, language, unfamiliar employers and foreign credentials. A few practices help:
- Schedule calls in the referee's time zone and offer an email exchange if needed.
- Check that the referee's company exists and that the number provided really belongs to it.
- Ask for official employment letters in addition to calls.
- For a foreign credential, rely on a recognized assessment or on the regulatory body's decision if the occupation is regulated.
"A well-run check protects both the employer and the candidate: it replaces impressions with facts.
What candidates should prepare
If you are a candidate, local or international, get ready for this step before your first interview:
- Three professional references, ideally former supervisors, who have agreed in advance.
- Their current contact details, job title and preferred language, on a sheet separate from your resume.
- Official employment letters, especially if your employers are abroad.
- Copies of your credentials and, if applicable, your credential assessment.
- A clear, honest explanation of any employment gap or difficult departure.
Give your references a heads-up as soon as an employer may call them, and remind them which role you applied for.
Frequently asked questions
Can an employer call my references without my consent?
In Québec, the Commission d'accès à l'information says employers must get your consent before contacting your references. At the federal level, the Office of the Privacy Commissioner also recommends express consent.
How many references should you ask for?
No rule sets a specific number. Two or three recent professional references, including at least one former supervisor, usually give a sufficient picture.
Can an employer reject a candidate because of a criminal record?
Only if the offence has a real connection to the job. In Québec, refusing someone because of a record unrelated to the job, or one that has been suspended, is prohibited.
Can you look at a candidate's social media?
Québec's Commission d'accès à l'information recommends against it unless the role justifies it. In that case, favour professional networks and get the candidate's prior consent.
Need a reliable hiring process?
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