When recruiting in Canada, it’s essential to understand what you are legally allowed to ask candidates regarding their right to work — and what crosses into discriminatory territory. Missteps in this area could expose your organization to legal complaints under the Canadian Human Rights Act or applicable provincial human rights codes.
What You CAN Ask During the Hiring Process
You are permitted to ask questions directly related to a candidate’s legal ability to work in Canada. For example:
- “Are you legally eligible to work in Canada?”
- “Do you have a valid work permit?” (if the role requires one)
- “Are you legally authorized to work in this role without sponsorship?”
These questions are considered appropriate because they focus on the candidate’s ability to perform the job lawfully without targeting their personal background.
What You CANNOT Ask
Employers should avoid questions that could be interpreted as discriminatory based on citizenship, nationality, or immigration status, such as:
- “Are you a Canadian citizen?”
- “What is your nationality?”
- “What is your immigration status?”
- “Do you plan to apply for permanent residency?”
Such questions may be seen as discriminatory and should not be included in applications, interviews, or informal conversations.
Asking About Future Work Eligibility
It is understandable that employers want to assess the candidate’s ability to maintain uninterrupted employment, but this must be done with care. A legally acceptable way to phrase this is:
- “Do you foresee any circumstances that could affect your ability to continue working legally in Canada in the foreseeable future?”
- “Are you aware of any factors that may impact your continued authorization to work in Canada?”
This ensures you are focusing on the employment aspect only — without inquiring about their personal situation, visa plans, or long-term immigration status.
Best Practice
Always focus on legal work eligibility and avoid assumptions or indirect questions about citizenship or immigration. Keeping your interview questions neutral and job-related helps create a fair and inclusive hiring process while protecting your organization from discrimination claims.
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