# Ontario: Is it legal to ask potential tenants to provide police check?



## canabiz (Apr 4, 2009)

Saw this ad today, I thought it's odd that landlord may ask for a police check. Somebody with a clean record may turn out to be a bad tenant and vice versa.

I wonder if you guys have done that before and is it even legal to do so?

http://ottawa.kijiji.ca/c-real-esta...m-Fam-Rm-Merivale-Huntclub-W0QQAdIdZ463882243

From the description sound like a Landlordzilla ;-)


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## fergusonsd (Dec 30, 2012)

You can ask for what ever you like doesn't new you will get it. Most people with a clean record won't have an issue with a police check other than the inconvience it will cause them.

Devon - www.fergusonfinancial.ca


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## Berubeland (Sep 6, 2009)

I'm actually renting a unit above a pharmacy and they want a police check. They will pay for it. Right now over a month and no takers. When I had that requirement in the ad no one even called. It's actually quite surprising how resistant Canadians are to invasions of privacy.


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## rikk (May 28, 2012)

Berubeland said:


> I'm actually renting a unit above a pharmacy and they want a police check. They will pay for it. Right now over a month and no takers. When I had that requirement in the ad no one even called. It's actually quite surprising how resistant Canadians are to invasions of privacy.


Just curious ... I don't follow your logic ... might there not be other reasons? I say this because I'm sure many Canadians, e.g. here, have undergone a variety of background checks with no concerns, probably because I/we knew what that entailed. It would have to be an outstanding apartment for me to undergo a "police check" ... probably because I don't have a clue what one is ... perhaps it's not the invasion of privacy, it's that the average person ... me for one, has no idea what a police check is ... so, what is a police check that anyway? 

Police Reference ??? http://www.torontopolice.on.ca/prcp/ ???

And maybe it's the word "police" that's the problem ...


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## Berubeland (Sep 6, 2009)

It's a clearance certificate that says you do not have a criminal record, that is all. Some people have to provide them for work. I do usually because I do work with cash.


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## rikk (May 28, 2012)

Berubeland said:


> It's a clearance certificate that says you do not have a criminal record, that is all. Some people have to provide them for work. I do usually because I do work with cash.


Found a reference ... Police Criminal Record Check ??? ... there seem to be 3 levels ... anyway, even with the clearances I've undergone over the years I would not undergo a "police check" to rent an apartment ... "Attend the Records Business Centre at 155 King William Street in Hamilton, fill out the appropriate form, show acceptable identification and pay the applicable fee ... " http://www.hamiltonpolice.on.ca/HPS/Services/Records/CriminalRecordsSearch.htm ... and sure, I know these checks are required for a number of occupations ... but to rent an apartment? 

OT: I'm interested because I have in the past rented out rooms, will likely do so again in the future ... references work for me.


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## sags (May 15, 2010)

For me, a requirement for a police check would make me wonder if that complex/area has had police involvement in the past.


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## rikk (May 28, 2012)

sags said:


> For me, a requirement for a police check would make me wonder if that complex/area has had police involvement in the past.


And now that I think about it, the practice does seem discriminatory ... criminals are people too you know :encouragement:

When I read over the page describing "police check", nowhere does it even hint that these checks are intended to be used by someone wishing to rent an apartment ... police check to rent an apartment ... absolutely ridiculous.


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## Four Pillars (Apr 5, 2009)

Police check for apt rental is not normal which means most people aren't going to do it even if they are squeaky clean. 

If you do any kind of volunteering where kids are involved, then you have to provide a police check, but that is something that makes sense to me.


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## sags (May 15, 2010)

Yes, and a lot of people have a criminal record and don't even know it.

All a criminal record will show is " a hit" which means "something" is entered in the CPIC database.

It doesn't say why it is there. It could be a serious conviction, a minor conviction, or a person was charged and the Crown withdrew the charges. It could be something that happened 40 years ago.

It is estimated 20% of Canadians have some kind of "criminal record".

Like the Canadian who won the Budweiser SuperBowl trip this year........who wasn't allowed to cross the US border because of a pot possession charge in the 1970s.

Young people don't fully grasp that a pot possession, driving under the influence, disorderly conduct, trespass........would all show up on a criminal check and will affect them for life.

A Canadian pardon can be obtained for minor offenses after 5 years........but the US doesn't recognize Canadian pardons.


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## canabiz (Apr 4, 2009)

You can tell this *landlord* is all over the place. Right now this property is being listed for sale on MLS as well as Grapevine (For Sale By Owner in the Ottawa area). It is also for rent, as we have been discussing. The rent was actually $1,250 at one point (I got daily Kijiji alerts sent to my Inbox) and he/she has since bumped it up to $1,400. Perplexing, to say the least.

Needless to say, it is still for sale/rent.

Regarding the neighbourhood, it's a decent one, not great, not terribly sketchy. Lots of townhouse/rental complex, close to amenities and the college is a 10-minute bus ride away. 

Will be interesting to see how long it takes before it got sold/rented.


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## rikk (May 28, 2012)

canabiz said:


> You can tell this *landlord* is all over the place. Right now this property is being listed for sale on MLS as well as Grapevine (For Sale By Owner in the Ottawa area). It is also for rent, as we have been discussing. The rent was actually $1,250 at one point (I got daily Kijiji alerts sent to my Inbox) and he/she has since bumped it up to $1,400. Perplexing, to say the least.
> 
> Needless to say, it is still for sale/rent.
> 
> ...


Well maybe the rents gone up because they found a buyer ... ad says first and last months rent required ... that would be $2800 down the drain I'm guessing for some unsuspecting renter ... nice


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## balexis (Apr 4, 2009)

> I thought it's odd that landlord may ask for a police check. Somebody with a clean record may turn out to be a bad tenant and vice versa.


Someone with a good credit rating may turn out to be a bad tenant and vice verca.
Someone with good references may turn out to be a bad tenant and vice verca.
But it's being asked nonetheless more often than not by any landlord. It's all about risk management.

IMO, police check for apartment rental seems a bit over the top to me. But what if the landlord had an issue with the previous tenant being a rapist or a thief and found out about that the hard way? Past negative experience can really influence someone, even though it may seem excessive by most.

About the potential illegal discrimination based on criminal record, I was not able to find any information regarding this in the province I know the most about (Quebec), but here is what this site says about ontario (http://www.ohrc.on.ca/en/policy-hum...g/v-identifying-discrimination-rental-housing)


> 4.2.9 Criminal or other police record checks
> 
> Nothing in section 21(3) of the Code or Regulation 290/98 permits or prohibits the use of criminal or other police record checks in the context of rental housing. Requiring a criminal or other police record check as a condition of tenancy may have an adverse impact on people identified by Code grounds.[162] For example, a person with a mental health disability may have had non-criminal contact with the police under the provisions of the Mental Health Act[163] that would be exposed through a police record check, thus violating that person’s privacy and exposing them to potential discrimination.
> 
> ...


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## canabiz (Apr 4, 2009)

rikk said:


> Well maybe the rents gone up because they found a buyer ... ad says first and last months rent required ... that would be $2800 down the drain I'm guessing for some unsuspecting renter ... nice


Place is still for rent. Price now drops to $1,350

and yes they are still looking for and I am quoting their ad verbatim *Positive Police Check*


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## Berubeland (Sep 6, 2009)

Positive for what I wonder? It's really kind of the landlord to provide housing for this under served target market.


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