Hiring workers under 18 in Canada: Criminal record check rules for employers

Hiring workers under 18 is common in retail, restaurants, camps, recreation, hospitality, and seasonal businesses across Canada.

But criminal record checks for young workers are not handled the same way as adult checks, and many employers do not realize that until they run into issues during hiring.

Between federal youth privacy laws, provincial differences, and local police service rules, this is an area where employers should proceed carefully.

Youth records are protected differently

In Canada, youth records are protected under the Youth Criminal Justice Act.

That means employers cannot assume they can request or access the same criminal history information for workers under 18 that they could for adult applicants.

Depending on the situation:

• Youth record information may not be available to employers.
• Police services may refuse to process certain checks for applicants under 18.
• Vulnerable sector checks have additional legal restrictions.
• Employers may not be permitted to ask about youth records directly.

For most small businesses, criminal record checks should not be treated as standard screening for every young worker.

The level of screening should match the actual risks and responsibilities of the role.

Criminal record check rules vary by location

Although youth records are federally regulated, criminal record checks are usually processed through local police services or provincial screening systems.

As a result, requirements can vary significantly depending on where the applicant lives.

Some police services restrict criminal record checks for workers under 18 altogether in private-sector hiring.

For example, Toronto Police states that applicants under 18 can only obtain police checks for employment or volunteer positions connected to government agencies. Applications tied to non-government organizations are not processed.

That means a private business hiring a 16-year-old employee may not even be able to obtain the check it requested.

Before making criminal record checks part of your hiring process for workers under 18, confirm the rules directly with the applicable police service or provincial authority.

Vulnerable sector checks have strict legal limits

A vulnerable sector check (VSC) is not the same as a regular criminal record check.

These checks are intended for positions involving trust or authority over vulnerable persons, including:

• Children.
• Seniors.
• People with disabilities.

Examples may include:

• Camp counsellors.
• Childcare workers.
• Tutors.
• Youth coaches.
• Disability support workers.
• Elder care workers.

Simply interacting with children or vulnerable persons is not enough to justify a vulnerable sector check. The role must place the worker in a genuine position of trust or authority.

According to the RCMP, vulnerable sector checks also include searches related to certain record suspensions for sexual offences.

Employers should also know that requesting a vulnerable sector check for a role that does not legally qualify can itself create legal concerns.

Practical alternatives to criminal record checks

For many entry-level roles, employers can often manage risk without relying heavily on criminal background screening.

Alternative screening methods may include:

• Reference checks.
• Structured interviews.
• Probationary periods.
• Training and supervision.
• Cash handling limits.
• Restricted access to keys, systems, or confidential information.

In many cases, these approaches are more practical and proportionate than requesting intrusive screening for a worker under 18.

Questions employers should ask before requesting a check

Before requesting any criminal record check for a worker under 18, employers should ask:

• Is the check directly connected to the role?
• Does the position involve authority over vulnerable persons?
• Is the level of screening proportionate to the actual risk?
• Does the local police service permit this type of check for applicants under 18?
• Have we obtained proper consent?
• Will the information be stored securely and confidentially?

Employers should also ensure screening practices are applied consistently and do not unnecessarily exclude younger applicants.

The bottom line

Criminal record checks can be appropriate in some situations involving workers under 18, but employers should avoid treating them as automatic hiring requirements.

Youth records are protected differently from adult records, and the rules can vary depending on the type of check, the role, and the local police service handling the request.

For small businesses, the safest approach is to assess the actual risks of the role, use the least intrusive screening method appropriate for the position, and confirm local requirements before requesting a check.

This article is general information only and should not be considered legal advice. Employers should confirm the requirements in their province, territory, and local police jurisdiction before implementing a criminal record check policy.