Legal basis, all countries

Canada: why confirm a former employee's job?

A federally regulated Canadian employer must already give each employee a written statement with the job title and the start date, and keep a record of when the employment began and ended. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5), consolidated text current to 30 September 2026

In short

  • The facts are already on paper. A federally regulated employer must give each employee, within the first 30 days, a written statement with the job title and the start date (Canada Labour Code, s. 253.2; Canada Labour Standards Regulations, s. 3.1). Those are the facts we ask about.
  • The dates are on record. The same employer must keep a record of when each employment began and ended (Canada Labour Standards Regulations, s. 24). Other employers follow their province's employment standards, and their personnel records hold the same facts.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. PIPEDA lets an organisation disclose personal information with the individual's consent (Schedule 1, Principles 4.3 and 4.5). The person started this check themselves, for these facts and no others.
  • You do not have to answer. No Canadian law we found obliges an employer to answer certo. Declining is fine.

Federal labour standards

The Canada Labour Code applies to federally regulated employers; each province sets employment standards for the others. Quoted from the official consolidated texts.

Canada Labour Code, s. 253.2(1): the employment statement

An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation.

Canada Labour Standards Regulations, s. 3.1: what it states

The following information must be included in the employment statement provided under section 253.2 of the Act: … the job title of the employee and a brief description of their duties and responsibilities; … the date on which the employment commences;

Canada Labour Standards Regulations, s. 24(1): the dates are kept

Every employer shall make and keep a record in respect of each employee showing the date of commencement of employment and the date of termination of employment

The title and the dates are the facts we ask about. We found no provision of the Canada Labour Code that obliges an employer to give a reference, and none that obliges you to answer a request like this one.

Personal data

Who PIPEDA covers (s. 4(1))

This Part applies to every organization in respect of personal information that (a) the organization collects, uses or discloses in the course of commercial activities; or (b) is about an employee of, or an applicant for employment with, the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.

In Quebec, Alberta and British Columbia, an organisation subject to the province's own private-sector privacy law is exempt from PIPEDA for what happens within that province (exemption orders under s. 26(2)(b)). Those laws, and the rules for provincially regulated employers elsewhere, have their own wording. certo's footing is the same throughout: the person's consent.

  • Principle 4.3, consent.

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.

  • Principle 4.5, disclosure for another purpose.

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law.

  • Proof of consent. certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.
  • Only what is needed. You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.