08 October 2018

Does your employee really exist?

I'm being quite serious with this question, because I have seen many instances where that was not the case:
  • One person's Social Insurance Number was rejected when input into the payroll system, and he was asked to bring in his card. He left and never returned to work.
  • There was another instance where one person used another's SIN, and came into the payroll office later to say that he had finally gotten his own card. (He was fired on the spot.)
This is in addition to the other stories we've heard about false credentials, fake IDs and falsified references. Quite plainly, Canadian employers have been quite lax in who they've hired over the years. Even now, pre-screening in the hiring process is error-prone to the point of producing false positives and negatives, and human rights legislation prevents vetting at the point of application.

How then should we ensure that our prospective employees are who they say they, have the requisite qualification for the position, and are of good character as well? The best recommendation is to make all job offers contingent upon satisfying specific verification requirements before their start date. The following checklist is certainly a good start.

The basics


To start, we require:
  • proof of Social Insurance Number (required for any reporting to the CRA)
  • proof of name (duh!)
For the SIN, providing the card (if issued before 31 March 2014) or verification letter (if issued afterwards) will be sufficient, and a copy should be made for the employee file. For the name, I would prefer seeing an original voided cheque from a Canadian financial institution that has the person's name preprinted thereon. The latter will be useful for setting up direct deposit for the employee, which should be standard practice for all employers.

Proving identity and eligibility to work


While the basics are necessary, they are not sufficient in themselves to prove what is essential:
  • identity
  • address
  • eligibility to work in Canada

Proof of identity


Put quite simply, having a name does not mean it belongs to the person in question without further proof. We will need ID that bears the person's photo, date of birth and signature as well. A basic list would include:
  • a current driver's licence or photo ID card issued by a government agency
  • a current passport
  • a current secure Certificate of Indian Status card
Amazingly, this is a very short list, as not many other documents in Canada consistently carry all four elements. The Canadian Permanent Resident Card, for example, stopped showing the signature on cards issued from 4 February 2012.

Proof of address

If a person does not have a driver's licence or photo ID as noted above, an original mailed account statement from a Canadian financial institution (issued within the previous three months), or a recent notice of assessment from the CRA, should be sufficient to prove one's address. Failing those, other acceptable documents would be those listed for an Ontario Health Card application.


Eligibility to work

None of the above documents (with the exception of a Canadian passport) proves that a person is eligible to work in Canada. For that, we must consult the list of documents acceptable for applying for a Social Insurance Number. The essential documents are:

Canadian citizens
  •  Certificate of birth or birth certificate issued by a province or territory
  •  Certificate of Canadian Citizenship
  •  Certificate of Registration of Birth Abroad issued before 1977
  • Permanent residents 
  •  Permanent resident card
  •  Confirmation of Permanent Residence (only acceptable if used within one year of the date of becoming a permanent resident)
  •  Record of Landing issued before June 28, 2002.
  • Temporary residents 
  •  Work permi
  •  Study permit, indicating authorization to work in Canada
  •  Visitor record, indicating authorization to work in Canada
  •  Diplomatic identity card and a work authorization issued by Global Affairs Canada.

  • Proof of credentials

    We also need to verify an employee`s education and (where required) professional credentials.

    For Canadian schools, this can be a very fragmented process, as transcripts are only provided directly to the people that were in the courses. If you just want a verification that a degree, diploma or certificate had been obtained, this has been simplified in recent years:
    • Many universities and colleges have gotten together to provide this confirmation via AuraData
    • Some provide a separate service, such as the University of Toronto
    For foreign schools, the candidates will have to provide original documents, with translations where required. There are services available that can be useful for verifying such credentials. They are worth checking, because it's stupid to insist only on Canadian experience where there are many examples of more superior sources available internationally. Even the management guru Peter Drucker has said so.

    The information available from professional bodies will vary from one organization to another. For example, in the accounting profession in this province CPA Ontario will not provide information directly to employers, but will send to members on request:
    • a letter of good standing (to student members only)
    • a history of practical work experience (where available)
    • education records
    There is no membership card issued these days to prove that a member is in good standing, but a copy of their account profile can be obtained online and printed. Because of the CA/CGA/CMA merger (effectively in 2014, but legally sanctioned only in 2017), I would not ask for the original certificates such legacy members obtained, as that could constitute prima facie age discrimination. For example, I originally qualified as a Registered Industrial Accountant (RIA) in 1984, a year before it was reconstituted as Certified Management Accountant (CMA). Even the dumbest HR staff can do the math on that, so why give them the chance to back out of the offer (albeit on other bogus grounds)?

    Proof of character

    Beyond the question of proving documentation, there are other fundamental questions relating to a candidate's character:
    • Is there a criminal record showing convictions, not otherwise pardoned, suspended or expunged, that would raise concerns relating to past behaviour that would be abhorrent to an employer? Quebec has a checklist of offences relating to dishonesty and corruption under Schedule I of the Anti-Corruption Act; the CRA has more general provisions relating to individuals who are potentially ineligible to hold a senior position in a charity; and the provincial securities commissions have a very comprehensive list for any director or officer of a public company, as shown in Schedule A of National Instrument 41-101. The checklist an employer will use has to be necessarily proportionate to its requirements (eg, a candidate for the Finance function will most likely need to have a clean record as far as offences for financial dishonesty are concerned).
    • Would a candidate's financial prudence be relevant in assessing acceptability for a position? If so, a credit report may be required to look for potential red flags.
    • Are there factors or concerns in a candidate's employment history that have never made it to the public record? That is why references must always be sought and checked out. They must also provide real information: a reference available only from HR that provides just bare details such as hire and exit dates may very well cover up an adverse background. For an appropriate process, the Government of Canada has an excellent page on structured reference checks.
    • Are there other factors or concerns about the candidate's personal character that may be relevant to future performance? Social media checks are happening now, and Google may reveal some rather positive - or awkward - information.
    How far back do you need to go? It depends on how crucial or senior the position is, but five years is probably a safe span of time, unless something pops up that may justify going back further.

    Other crucial needs?

    The potential requirements an employer has may extend beyond the minimum noted above:
    • If a position is situated on a First Nations reserve and the candidate asserts that he/she is Indigenous, they will need to show a Certificate of Indian Status card to prove the claim. That is necessary in order to prove the right to earn pay tax-free for working on the reserve.
    • Specialist certifications, such as those for bus and truck drivers, pilots and seamen, will need to be provided if the position calls for them.
    • Eligibility to obtain security clearances for access to sensitive areas will be relevant for the positions that call for it, and may well be a prerequisite before an offer is actually presented.

    Does this need to be done again later?

    Sadly, a person's position and circumstances will change over time. If a person obtains new educational or professional qualifications, they should have an obligation to inform the employer about such changes, through the processes outlined above, and frequent voluntary updates will only make it easier to administer.

    If someone is initially hired for a low-level position and is subsequently promoted to one with more responsibility, more stringent requirements may apply with respect to character and that part of the verification process may have to be repeated before the new position is offered.

    There can certainly be more requirements an employer has and, subject to the restrictions imposed under human rights legislation, appropriate steps will need to be added. This is not an easy task, so good luck!

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