What is reasonable to collect during hiring
Employers can reasonably collect:
- Your resume, application form, and references.
- Proof of work authorization if you make an offer.
- Criminal or credit checks with your consent, only if relevant to the role.
- Skills testing relevant to the position.
Social media screening
Employers can search public profiles but generally cannot require you to provide login credentials or access to private profiles.
Information found that relates to protected grounds under human rights law (race, religion, disability, pregnancy, etc.) cannot be used in hiring decisions.
Medical information and drug testing
Pre-employment medical questionnaires are generally only appropriate after a conditional offer has been made and only for job-related accommodations.
Drug and alcohol testing is tightly regulated by human rights and privacy law and is usually only acceptable for safety-sensitive roles.
Automated hiring tools and AI
Quebec's Law 25 requires that candidates be told when an automated decision is made about them, what criteria were used, and that they can request human review.
The proposed Artificial Intelligence and Data Act (AIDA) would add further obligations for high-impact AI systems, including employment-related tools.