In Canada, employers should generally avoid asking applicants directly about their citizenship, permanent resident status, or immigration status unless there is a bona fide occupational requirement or a legal requirement to verify work authorization. Those questions could reveal a protected ground under human rights legislation and create a risk of a discrimination claim if not handled carefully.

Instead, focus on the essential requirements of the position. Since successful enrolment in the CPA articling program is a legitimate job requirement, you can advise candidates that enrolment in the CPA program is a condition of employment and ask whether they are able to meet that requirement. For example: “This position requires successful enrolment in the CPA Professional Education Program (PEP) in accordance with CPA requirements. Are you able to meet this requirement by the required start date?” This keeps the discussion focused on the job requirement rather than the applicant’s citizenship or immigration status.

If a candidate indicates they may be unable to meet the enrolment requirement, you can ask job-related follow-up questions, such as whether they anticipate any barriers to enrolling by the required deadline or whether they already meet CPA admission requirements. You should avoid probing into why they cannot enroll if the answer would require them to disclose protected information, such as their citizenship or immigration status.

Finally, if the inability to obtain a Provincial Attestation Letter means the individual cannot satisfy an essential requirement of the role despite being legally authorized to work in Canada, the employer can generally make hiring decisions based on the inability to meet that bona fide occupational requirement—not on the individual’s citizenship or immigration status itself. Given the evolving nature of the Provincial Attestation Letter requirements, it would also be prudent to review your recruitment process with legal counsel to ensure your screening questions remain compliant with the applicable provincial human rights legislation.

-HRInsider Staff