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  • Conner Lantz
    Keymaster
    Post count: 4836

    Hi,
    I am trying to establish what documents a new hire should provide to an employer when starting work. My belief was that all new hires need to show that they have eligibility to work in Canada, by providing one of the following documents:

    Canadian birth certificate.
    Certificate of Canadian Citizenship.
    Canadian citizenship card.
    Certificate of Indian Status card.
    Valid Canadian passport.
    Confirmation of permanent residence in Canada.
    Permanent resident card for Canada.
    Record of landing.
    Valid work permit/ Visa with accompanying passport
    We have a current situation where a new hire does have their birth certificate, but all other documentation they have provided is in a different last name, therefore I believe we need a document to show the change of name i.e. a marriage certificate?
    The reason I am asking is that I am having some push back on this in my company and I just want to make sure we are legislatively compliant.
    Thank you!
    Sarah

    Conner Lantz
    Keymaster
    Post count: 4836

    Here you go. I hope this helps.
    Glenn,
    This is a tough one. This was actually in the news lately: https://www.tricitynews.com/bc-news/richmond-resident-fighting-icbc-over-catholic-first-names-3674843.
    Yes, if a person presents a birth certificate and drivers licence with two different last names, at the very least this should prompt a request for the applicable marriage certificate. This is supported by section 139 of the Employment Insurance Act, which requires a person who is married to inform Service Canada, which will result in the person getting what is now termed a confirmation of SIN letter. Cards per se are no longer being issued. In other words, if the person won’t produce a marriage certificate, at a minimum, they should be prepared to provide a confirmation of SIN letter from Service Canada. T4s have to be issued showing the name as on this confirmation letter.
    However, the practice in Canada has been to let people change their last names merely by presenting a marriage certificate to get a new driver’s licence, for example, without going to a court for a legal name change. As a result, many married people might have a birth certificate in one last name and other documentation, such as a passport in another.
    My view has always been that it’s an important aspect of preventing payroll fraud, to have proper documentation of a person’s identity. As such employers should be encouraged to have documentation that confirms a person’s legal name.
    Alan R. McEwen
    Alan McEwen & Associates
    855 Berwick Road South, Qualicum Beach, BC  V9K 1R3
    250-228-5280 in the Pacific time zone
    https://alanrmcewen.com

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