September 12th, 2024 | Sterling
Immigration rates in Canada have surged in recent years, driven by the need to address an aging workforce. In 2023 alone, the country welcomed 471,550 new permanent residents. This new workforce originates from all over the world, with India, China, and the Philippines being the primary contributors, according to the last census.
High immigration rates are great news for employers looking to fill gaps in their workforce, whether they are seeking entry-level workers or skilled specialists. While new immigrants are screened by Immigration, Refugees and Citizenship Canada (IRCC) before being granted permission to reside and work in the country, some employers might believe that additional background checks at the time of hire are unnecessary.
However, this assumption can expose organizations to avoidable risks. This blog will discuss the importance of screening recent immigrants as thoroughly as other candidates to protect employers’ assets and workplaces.
Employers sometimes believe that the Canadian government conducts the same background checks on prospective immigrants that employers themselves would, and that anyone with a criminal history is automatically rejected. However, the risk threshold defined by the government may differ from that of private employers.
The standards for screening potential immigrants are outlined in the federal Immigration and Refugee Protection Act, which specifies which crimes result in inadmissibility. According to the law, applicants are disqualified if they have been “convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.” Under these provisions, many offences are not considered serious enough to justify disqualifying an application, including:
Naturally, many of these offences could be quite relevant to employers, depending on the industry and the position they’re looking to fill.
Another common misconception is that a Canadian criminal record check is sufficient to uncover all relevant criminal history. However, this search only identifies offences committed within Canada. Employers aiming to thoroughly investigate their candidates’ backgrounds should implement a robust international screening program that includes processes for screening immigrants and workers who have lived in other countries.
Although we’ve identified the gaps in the Canadian government’s pre-immigration screening above, employers must still consider which background checks to include in their international screening programs to minimize risk. Unfortunately, there is no one-size-fits-all answer to this question. The components of a thorough screening package can vary widely based on the industry, the position, and the availability of the desired checks in the candidate’s country of origin. Here is an overview of the most commonly-used checks by Canadian employers to screen recent immigrants and other workers who have lived abroad.
While tracking candidates who have worked or resided abroad is relatively straightforward for small companies, it can be daunting for larger organizations. By having candidates complete a short questionnaire, the Confirmation of Residence can determine whether they have immigrated from another country or lived abroad for a significant period, and if so, in which country. Based on candidates’ responses, the international screening process can then be either skipped or initiated.
An in-depth criminal record check from the primary source is the cornerstone of any international background check program. In Canada, the best practice involves completing a name-based criminal record check in the RCMP’s National Repository in order to uncover all adult criminal convictions that may have required the applicant to provide fingerprints. All criminal offences are flagged for review, regardless of the sentence, unless the candidate has obtained a pardon or a criminal record suspension.
While the information in criminal record check reports can vary by country, most nations offer some form of criminal history search through their local police or judiciary system. Where available, this search is the best practice for employers screening a newly-immigrated workforce. Experienced background check providers like Sterling Backcheck are well-equipped to facilitate this program, with extensive resources documenting the requirements and restrictions for each country. In 2023, Sterling Backcheck completed over 4,500 criminal record checks in India alone, demonstrating an ability to support large-scale screening of this increasingly significant demographic within the Canadian workforce.
In some countries, privacy laws prevent the direct disclosure of criminal record information to employers or third parties. However, applicants can request their own police certificate, which can then be authenticated by the relevant authorities. This process provides employers with adequate reassurance that their new hires pose no threat to their staff, clients, or reputation.
Global sanctions background checks involve searching various international databases of public information to determine whether a person is a known or suspected terrorist, criminal, or Politically Exposed Person. This can be supplemented with an adverse media search to gain insight into pending criminal or civil activities documented by news outlets worldwide. While these searches cannot fully replace a thorough criminal record check conducted through local authorities, they can provide an additional layer of protection or serve as a backup plan for countries lacking the infrastructure to support thorough checks.
A Right to Work check involves collecting work permits or other key identity documents to confirm that candidates are eligible to work in Canada and fill the position for which they applied. These checks can also determine whether a candidate’s eligibility is subject to any conditions or restrictions that might affect their ability to hold the position long-term or to perform certain types of work.
While employers can collect work permits and other identity documents themselves, conducting a Right to Work check through a background screening provider can streamline the process and ensure that all relevant information is stored in a centralized location. Right to Work checks for Canada, completed through third-party providers like Sterling Backcheck, also involve validating the documents through visual analysis and third-party databases to prevent fraud.
Education, employment and credentials verifications along with reference checks, are excellent ways to ensure that candidates possess the necessary experience, knowledge, and qualifications for the job, as well as being a good cultural fit. In some regulated industries, such as healthcare and finance, these checks may even be required for compliance purposes.
That being said, verifying education, employment, credentials, and references overseas can be particularly challenging due to time zone differences, language barriers, and other international communication issues. A screening provider with an international presence, like Sterling Backcheck, can leverage its multilingual workforce and extended business hours to contact employers and institutions on behalf of clients, simplifying the verification process. Third-party background check providers may also offer specialized interview templates for certain industries, such as healthcare and nursing, executive positions, and roles subject to the Canadian Controlled Goods program.
Credit-related checks may be necessary in certain industries, such as finance, or for positions that require financial oversight. Similar to Canada, many countries have credit reporting agencies or financial authorities that can provide information on unpaid debts, late payments, bankruptcies, and other potentially concerning financial issues. Employers recruiting for C-suite and other executive positions may also benefit from a full due diligence package, which includes verifying any directorship position an applicant may claim to have held in Canada or overseas.
Setting up an international screening program may seem daunting. That’s where an experienced background check provider like Sterling Backcheck comes in. Our experts can guide you in selecting appropriate background checks based on the industry and position, staying up-to-date with the requirements for completing checks in each country, and keeping track of changes in international regulations. To inquire about setting up an international screening program for new immigrants and other candidates, contact us.
This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
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