Can an employer require a candidate to have permanent residency in Canada?

The Human Rights Tribunal of Ontario (“the Tribunal”) ruled that requiring permanent residency as a condition of employment is discriminatory. The Tribunal first heard the issue of liability in Haseeb v Imperial Oil Limited, 2018 HRTO 957 (CanLII) and addressed the issue of remedy more recently in Haseeb v Imperial Oil Limited, 2019 HRTO 1174 (CanLII).

The Applicant, Mr. Haseeb, was an international student in Canada on a student visa. He applied for a position with Imperial Oil and stated in his application and subsequent interviews that he was eligible to work in Canada on a permanent basis. Mr. Haseeb was successful in his application and offered a position on the condition that he provide proof of permanent residency. Thereafter, Mr. Haseeb admitted that he was not a permanent resident. Imperial Oil rescinded the offer of employment because Mr. Haseeb did not meet the condition of employment and lied about it.

On the issue of liability, the Tribunal concluded that the employer violated the rights of Mr. Haseeb under the Human Rights Code (“the Code”). The Tribunal found that the employer’s requirement of permanent residency was a factor in the decision not to hire the Applicant constituting discrimination on the basis of citizenship and that the employer’s conduct, namely, to require a job applicant to disclose both in writing and orally that they are a citizen or permanent resident of Canada, is prohibited and violates the Code.

On the issue of remedy, the Tribunal awarded the Applicant four years of lost income to cover the period from when he would have commenced his employment but for the discriminatory conduct to the time of the decision (subject to statutory deductions). The Tribunal awarded Mr. Haseeb $101,363.16 in lost wages and $15, 000 in damages for injury to dignity, feelings and self-respect. The Applicant was also awarded pre-judgement interest of $3,997.54.

It is important for employers to be cognizant of their actions throughout the recruitment process to prevent discrimination. Job postings, job requirements, conditions of employment and interview questions should all be considered with a human rights lens to prevent human rights violations and/or legal action as a result of violations.