Pre Employment Declaration for Canada

Pre Employment Declaration Template for Canada

A Pre-Employment Declaration is a formal document used in Canadian workplaces where prospective employees declare and certify various aspects of their background, qualifications, and circumstances that are relevant to their potential employment. The document complies with federal legislation such as PIPEDA, the Canadian Human Rights Act, and provincial employment standards, while also addressing specific provincial requirements. It serves as a legal record of the candidate's declarations regarding their work authorization, criminal history, conflicts of interest, health considerations requiring accommodation, and other relevant disclosures that may impact their employment suitability.

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What is a Pre Employment Declaration?

The Pre-Employment Declaration is a fundamental component of the Canadian hiring process, designed to gather and verify crucial information about prospective employees before they commence employment. This document is typically used after a conditional offer of employment has been made but before the employment relationship formally begins. It requires candidates to provide truthful declarations about various aspects of their background, including work authorization, criminal history, conflicts of interest, and any circumstances requiring workplace accommodation. The declaration must comply with federal legislation such as PIPEDA and the Canadian Human Rights Act, as well as relevant provincial employment and privacy laws. It serves both as a risk management tool for employers and a transparent disclosure mechanism for candidates, helping ensure that all relevant information is properly documented and verified before employment commences.

What sections should be included in a Pre Employment Declaration?

1. Personal Information: Declarant's full legal name, contact information, and other relevant identifying details

2. Work Authorization: Declaration of legal right to work in Canada, including citizenship/permanent residence status or valid work permit details

3. Educational Background: Confirmation of academic qualifications and professional certifications relevant to the position

4. Employment History: Declaration regarding previous employment, including any non-compete obligations or restrictions

5. Health and Safety: Declaration of any medical conditions or disabilities that may affect job performance or require accommodation

6. Criminal Record: Declaration regarding criminal convictions relevant to the position

7. Conflict of Interest: Disclosure of any potential conflicts of interest, including other employment or business interests

8. Information Accuracy: Certification that all information provided in the application process and declaration is true and complete

9. Acknowledgment: Understanding that false declarations may result in termination of employment process or subsequent employment

What sections are optional to include in a Pre Employment Declaration?

1. Professional Licenses: Declaration regarding professional licenses and standing - include for regulated professions only

2. Bankruptcy/Financial Status: Declaration of bankruptcy history - include for financial sector positions or roles with financial responsibility

3. Security Clearance: Declaration regarding ability to obtain required security clearances - include for positions requiring security clearance

4. Vehicle/Driving Record: Declaration of driving record and licenses - include for positions requiring driving duties

5. Social Media: Declaration regarding social media presence and professional online conduct - include for public-facing or senior roles

What schedules should be included in a Pre Employment Declaration?

1. Schedule A - Position Requirements: Detailed list of specific requirements and qualifications for the position being applied for

2. Schedule B - Required Documentation: List of supporting documents that must be provided to verify declarations made

3. Appendix 1 - Privacy Notice: Details of how personal information will be collected, used, stored, and protected in compliance with privacy laws

4. Appendix 2 - Background Check Authorization: Separate authorization form for conducting background checks, if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use
Relevant Industries

Financial Services

Healthcare

Education

Technology

Manufacturing

Retail

Government

Transportation

Construction

Professional Services

Telecommunications

Energy

Mining

Non-Profit

Defense

Relevant Teams

Human Resources

Legal

Compliance

Recruitment

Personnel Management

Risk Management

Employee Relations

Talent Acquisition

Operations

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Financial Analyst

Software Developer

Project Manager

Sales Representative

Operations Manager

Security Officer

Healthcare Professional

Teacher

Administrative Assistant

Technical Support Specialist

Customer Service Representative

Research Scientist

Legal Counsel

Maintenance Technician

Production Supervisor

Quality Assurance Specialist

Driver

Industries
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal law governing the collection, use, and disclosure of personal information in the private sector, ensuring employers only collect necessary information and handle it appropriately
Canadian Human Rights Act: Prohibits discrimination in employment based on protected grounds such as age, gender, race, religion, disability, etc., affecting what information can be requested in pre-employment declarations
Canada Labour Code: Federal legislation establishing basic employment rights and standards, including provisions about pre-employment requirements and disclosures
Provincial Employment Standards Acts: Provincial laws governing employment relationships and standards, which may affect pre-employment requirements and disclosures in specific provinces
Occupational Health and Safety Act: Regulations regarding workplace safety that may require specific pre-employment disclosures about physical capabilities or health conditions affecting job performance
Criminal Records Act: Governs the disclosure and use of criminal record information in employment contexts, including requirements for background checks
Immigration and Refugee Protection Act: Requires verification of an individual's legal right to work in Canada, affecting pre-employment documentation requirements
Provincial Privacy Laws (e.g., PIPA in BC and Alberta): Provincial legislation governing the collection and use of personal information, which may have additional requirements beyond PIPEDA
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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