Can A Landlord Ask For A Criminal Record Check?

Imagine you’ve finally found the perfect rental unit. The rent is fair, the location is great, and the lease terms work for your budget. But then your landlord asks for a background check—including a criminal record check. You may be left wondering: Is this legal? Can a landlord actually ask for a criminal record check in Canada?

Background checks are a common part of the rental application process across Canada. Landlords want to protect their property and ensure tenants are reliable, but prospective tenants also have rights when it comes to privacy and discrimination.

In this article, we’ll walk through what landlords can and cannot request, how the tenant screening process works, the privacy laws that apply in Ontario, Alberta, BC, and other provinces, and what you should know if you’re asked to provide a criminal background check. We’ll also explore what information landlords may collect and what limits exist under Canadian human rights and privacy laws.

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Can a Landlord Ask for a Criminal Record Check?

The short answer: yes, a landlord may request a criminal record check, but strict rules apply. In Canada, privacy laws and human rights codes govern how landlords and property managers screen prospective tenants.

A landlord’s right to screen tenants is balanced against a tenant’s right to privacy and freedom from discrimination. For example, landlords may ask for:

Rental history (previous addresses and references)
Employment history and income verification
A credit check or credit report
Identification such as a driver’s licence or date of birth

When it comes to criminal background checks, the situation is more complex. A landlord can ask an applicant to consent to a criminal record check, but they cannot force disclosure of information unless the information is necessary for the tenancy. This means a landlord needs to show that the request is appropriate in the circumstances and that a reasonable person would consider it necessary.

Why Landlords Screen Tenants

Tenant screening is meant to protect the rental unit, ensure rent is paid on time, and avoid costly disputes. Property managers across Canada often conduct background checks to verify that applicants are financially stable and trustworthy.

Some of the most common elements of the screening process include:

Credit report or credit history – to see how applicants manage debt and whether they pay bills on time.
Employment and income verification – to confirm the tenant’s ability to pay rent.
Rental history – past landlords may disclose whether an applicant left damages or unpaid rent.
Identification checks – to ensure the applicant is who they claim to be.

Landlords use these tools to assess the likelihood that a prospective tenant will meet the lease obligations. In certain cases, landlords may also ask for a criminal record check, but this must always comply with privacy laws.

Privacy Laws and Tenant Screening in Canada

Each Canadian province has its own rules on what landlords can collect during the application process. Across Canada, the general principle is that landlords must obtain consent before collecting personal information.

Ontario

In Ontario, the Human Rights Code plays a key role. Landlords may request income information, rental history, credit references, and a credit check. However, they cannot refuse tenancy based on race, ancestry, religion, family status, age, disability, or receipt of public assistance. If a tenant has no rental or credit history, a landlord cannot automatically reject their application.

Alberta

In Alberta, the Office of the Information and Privacy Commissioner regulates what personal information landlords may collect. A landlord may ask for identification, references, and proof of income, but they need consent to collect sensitive information such as a criminal background check. The request must be reasonable and limited to what is necessary to manage the tenancy.

British Columbia (BC)

In BC, landlords must also comply with privacy laws. They may request a credit check, income verification, and references, but collecting criminal record information requires consent and justification.

Across Canada

Although the details vary by province, the key rules are:
Landlords must obtain written consent before conducting any background check.
A landlord may collect personal information only if it is reasonable and necessary for the rental.
They must disclose how the information will be used and whether it will be shared with an agency or platform.
Human rights laws prevent landlords from discriminating against tenants based on protected characteristics, even if those appear in the application process.

Criminal Record Checks: What Tenants Should Know

A criminal record check provides information about whether someone has been convicted of a crime. In Canada, this is usually obtained from the RCMP or local police.

There are different types of criminal record checks:

Name-based criminal record check – uses name and date of birth to search RCMP databases.
Fingerprint-based criminal record check – more accurate, sometimes required for immigration or employment.
Vulnerable sector check – for applicants working with children or vulnerable people, but not typically required for residential tenancy.

When Can a Landlord Request It?

A landlord may request a criminal record check as a condition of renting only if:

The information is necessary to protect the property or other tenants.
The applicant provides consent before the check is conducted.
The landlord complies with all provincial privacy laws.

For example, a landlord managing a multi-unit residential building may believe a criminal background check is appropriate to ensure safety. However, they must be cautious not to discriminate based on conviction history unless the information is necessary for the tenancy.

Tenant Rights

As a tenant or applicant, you have the right to:

Decline to provide a criminal record check (though this may affect your application).
Ask why the landlord considers it necessary.
Request details about what type of check will be done and who will conduct it.
Ensure your personal information is securely stored and not disclosed publicly.

Human Rights and Non-Discrimination

One of the biggest concerns with background checks is the potential for discrimination. The Canadian Human Rights Act and provincial human rights codes make it illegal for landlords to deny tenancy based on factors such as:

Race or ethnic background
Religion or creed
Marital or family status
Sexual orientation or gender identity
Disability
Age
Receipt of public assistance

Even if a criminal conviction appears in a record check, landlords must carefully consider whether it is relevant to the tenancy. For example, a conviction unrelated to housing or property management should not be used to deny rental.

The guiding principle is whether a reasonable person would consider it appropriate in the circumstances. Unless the information is necessary, landlords should avoid collecting or using it.

What Information Can Landlords Collect During Tenant Screening?

Here’s a summary of the types of personal information a landlord may request:

Full name and date of birth (for identification)
Current address and rental history
Employment history and proof of income
Credit check or credit report
References from previous landlords
Consent to collect personal information

What They Cannot Collect Without Consent

Criminal record or criminal background information
Sensitive personal details that are not necessary for tenancy
Information from publicly available sources that could lead to discrimination

Landlords may use agencies or platforms to conduct checks, but they must always get the applicant’s written consent before collecting this information.

How to Protect Your Privacy as a Tenant

If you are asked to provide a background check, here are steps to protect your privacy:

Read the rental application carefully – make sure you understand what you are consenting to.
Ask questions – find out why the landlord believes a criminal record check is necessary.
Request transparency – ask how your information will be stored, used, and destroyed.
Provide only what is required – don’t disclose more personal information than necessary.
Know your rights – if you suspect discrimination, you can contact your province’s Human Rights Tribunal or the Information and Privacy Commissioner.

Why Choose Legalization Service Centre for Criminal Record Checks?

When landlords require a criminal record check as part of a rental application, it’s important to get one that is accurate, secure, and compliant with Canadian privacy standards. That’s where the Legalization Service Centre (LSC) can help.

Trusted Experience – With over 15 years in document authentication and legalization, we understand Canadian privacy laws and compliance.
Nationwide Service – Whether you’re in Ontario, Alberta, BC, or another province, we assist with obtaining certified criminal record checks across Canada.
Fast Turnaround – We help you get a criminal record check quickly, so you can move forward with your rental application without delays.
Secure Handling – Your personal information is managed with the highest level of confidentiality and compliance.

In today’s rental market, applicants need to know that background checks can sometimes be a condition of providing housing, alongside other requirements such as proof of income or a credit score review. Depending on the landlord’s policies, you may be able to strengthen your application by securing a reliable, certified criminal record check through LSC.

By working with Legalization Service Centre, both tenants and landlords can trust that the process is handled properly and securely.

Protecting Your Rights While Renting in Canada

So, can a landlord ask for a criminal record check in Canada? Yes, but only under certain conditions. Landlords may request background checks, including criminal records, as part of the tenant screening process, but they must comply with provincial privacy laws, obtain consent, and avoid discrimination.

For tenants, knowing your rights ensures you can protect your privacy while still navigating the rental application process. For landlords, understanding compliance requirements prevents costly legal issues and helps assess prospective tenants fairly.