Can a landlord ask about your criminal record?
Last updated: October 13, 2026
Short answer
Often yes, but a landlord should get your consent for a background check. A criminal record is not a protected ground for renting under the human rights law of any province covered here, so privacy law sets most of the limits. In British Columbia, a landlord cannot make a criminal record check a condition of renting unless the tenancy needs it, which the privacy commissioner says is rare, and Alberta's privacy law lets a landlord collect only what it reasonably needs to decide on a tenancy. In the other seven provinces, the federal privacy commissioner says a landlord should get your consent before a reference or background check.
Criminal record questions at a glance
Two kinds of law matter here. Human rights law decides which personal traits a landlord cannot hold against you, and privacy law decides what a landlord can collect about you and how. A criminal record is not on the housing list of protected grounds in any province covered here, so the privacy rules do most of the work.
| Province | Protected ground for housing? | What the privacy rules say |
|---|---|---|
| Alberta | No | Alberta's own privacy law (PIPA): collect only what is reasonably needed to decide on a tenancy; general internet searches are discouraged |
| British Columbia | No (a conviction is covered in employment only) | BC's own privacy law (PIPA): a record check cannot be required unless the tenancy needs it, and in most cases it does not |
| Manitoba | No | Federal privacy law (PIPEDA): consent for reference and background checks |
| Saskatchewan | No | Federal privacy law (PIPEDA): consent for reference and background checks |
| Ontario | No (a record of offences is covered in employment only) | Federal privacy law (PIPEDA), plus a human rights regulation that lists what a landlord may use to screen |
| New Brunswick | No | Federal privacy law (PIPEDA): consent for reference and background checks |
| Nova Scotia | No | Federal privacy law (PIPEDA); the province's renting guide says landlords can run credit and background checks |
| Prince Edward Island | No (a conviction is covered in employment only) | Federal privacy law (PIPEDA): consent for reference and background checks |
| Newfoundland and Labrador | No (a conviction is covered in employment only) | Federal privacy law (PIPEDA): consent for reference and background checks |
What a landlord needs before a background check
- Your consent. The federal privacy commissioner says landlords should get consent before reference and background checks. Alberta's privacy law requires consent for references and credit checks, and a landlord there cannot make you agree to more collection than the tenancy needs. British Columbia has the same rule about consent beyond what the tenancy needs.
- A real need. In British Columbia, a landlord cannot make a criminal record check a condition of renting unless the tenancy needs that information, and the privacy commissioner says that in most situations it does not.
- No Social Insurance Number. The federal privacy commissioner says a landlord cannot require your SIN, and Alberta's and BC's commissioners say landlords should avoid collecting it or make it optional. Alberta's commissioner says you cannot be refused a tenancy for declining to give it unless a law requires it.
- Not your social media. The federal commissioner advises landlords not to use social networks for background checks. In Alberta and British Columbia, social media is not a publicly available source a landlord can use without consent. A BC landlord may look at the province's electronic court registry and published tribunal decisions.
- No fee for it in most provinces. Application fees are banned in British Columbia, Manitoba, Saskatchewan, Ontario, Nova Scotia and PEI. The bans in Saskatchewan and PEI cover investigating whether you are a suitable tenant.
If you have a record
- Ask why. If an application asks about a criminal record, ask the landlord what the information is for and who will see it. In British Columbia, you can decline a record check that the tenancy does not need.
- Lead with what landlords can check. References from past landlords, proof you can pay the rent and a clean rental history answer the questions most landlords care about. See what landlords can legally ask for.
- Keep your SIN off the form. Leave the Social Insurance Number blank unless a law requires it.
- Know where to go. Privacy questions go to the privacy commissioner: Alberta's or British Columbia's provincial office, or the Office of the Privacy Commissioner of Canada in the other provinces covered here. A refusal tied to a protected ground, such as race, religion or disability, goes to your province's human rights body.
Criminal record questions in each province
Alberta
A criminal record is not a protected ground under the Alberta Human Rights Act. Landlords who rent for profit follow Alberta's own privacy law, the Personal Information Protection Act (PIPA), and social housing bodies follow FOIP. Under PIPA, a landlord may ask only for what it reasonably needs to decide whether to rent to you, such as proof you can pay the rent and references from other landlords, and it cannot make you consent to more than that as a condition of renting.
The privacy commissioner's guidance discourages general internet searches as a tenant background check and says social media is not a publicly available source. If you think a landlord is collecting more than it needs, the Office of the Information and Privacy Commissioner of Alberta is the office to contact.
British Columbia
A criminal record is not a protected ground for renting in BC. The Human Rights Code covers a criminal conviction only in employment. Privacy law is stricter: under BC's Personal Information Protection Act, a landlord cannot require you to consent to a criminal record check as a condition of renting unless the information is necessary for the tenancy, and the privacy commissioner says that in most situations it is not.
A landlord may look at the province's electronic court registry and published tribunal decisions without your consent, but social media is not one of those public sources. Human rights complaints about renting go to the BC Human Rights Tribunal, not the Residential Tenancy Branch.
Manitoba
Manitoba's Human Rights Code does not list a criminal record as a protected ground, and the Code says no ground extends to conduct the Criminal Code prohibits. Landlords in Manitoba fall under the federal privacy law (PIPEDA). The federal privacy commissioner says a landlord should get your consent for reference and background checks, and a landlord cannot require your Social Insurance Number.
The Manitoba Human Rights Commission says a landlord may screen for ability to pay and suitability, but must assess each applicant on their own facts rather than on assumptions.
Saskatchewan
A criminal record is not among the protected grounds in the Saskatchewan Human Rights Code. Landlords follow the federal privacy law (PIPEDA). The federal privacy commissioner says they should get your consent for reference and background checks and advises against using social networks for them.
The Saskatchewan Human Rights Commission says a landlord may collect information relevant to a tenant's qualifications but cannot use it to discriminate on a protected ground. A landlord cannot charge you for processing an application or investigating whether you are a suitable tenant.
Ontario
A criminal record is not a protected ground for housing in Ontario. The Human Rights Code protects a "record of offences" only in employment, and the Ontario Human Rights Commission confirms that ground applies only to employment. Landlords follow the federal privacy law (PIPEDA), so a landlord should get your consent for a background check and cannot require your Social Insurance Number.
Ontario also limits screening through a regulation under the Human Rights Code. A landlord may ask for credit references, rental history and permission for a credit check, may ask for income information only together with those, and may require a guarantee. The Commission's rental housing policy sets out how the regulation is applied.
Ontario tenant rights | Ontario rental application references
New Brunswick
A criminal record is not a protected ground under New Brunswick's Human Rights Act. Landlords fall under the federal privacy law (PIPEDA). The province says a landlord may ask for your name, contact information, employment information and references, and may ask for a credit check. The federal privacy commissioner says landlords should get your consent for background checks and advises against using social media for them.
The New Brunswick Human Rights Commission says screening information must not be used to exclude people because of a protected ground.
Nova Scotia
A criminal record is not a protected ground under Nova Scotia's Human Rights Act. The province's renting guide says landlords can run credit and background checks on applicants but cannot force you to give your Social Insurance Number. It also says a landlord may ask for your name, contact details, employment information and references.
Landlords fall under the federal privacy law (PIPEDA), and the federal privacy commissioner says landlords should get your consent for background checks. Application fees are banned in Nova Scotia.
Prince Edward Island
PEI's Human Rights Act protects a criminal conviction only in employment, not in housing. Landlords follow the federal privacy law (PIPEDA): they should get your consent for reference and background checks and cannot require your Social Insurance Number.
PEI bans charging a fee for accepting or processing an application or for investigating your suitability as a tenant.
Newfoundland and Labrador
Newfoundland and Labrador's Human Rights Act protects a criminal conviction only in employment; it is not a ground for housing. The Act does let a landlord use income information, credit checks, credit references, rental history and guarantees when deciding on an applicant.
Landlords follow the federal privacy law (PIPEDA). The federal privacy commissioner says a landlord should get your consent for a background check, and a landlord cannot require your Social Insurance Number.
Related questions
Can a landlord ask if you have a criminal record?
Often yes, with limits. A criminal record is not a protected ground for housing in any province covered here, so privacy law sets most of the limits. British Columbia is the strictest: a landlord cannot make a record check a condition of renting unless the tenancy needs it, which is rare. In Ontario, a human rights regulation sets out what a landlord may use to screen: credit references, rental history, a credit check, income information and a guarantee.
Can a landlord do a criminal background check?
Yes, in the seven provinces under federal privacy law: the federal privacy commissioner says landlords should get consent for background checks, and Nova Scotia's renting guide says landlords can run credit and background checks. In British Columbia, a landlord cannot require you to agree to a criminal record check unless the tenancy needs it, and in Alberta a landlord may collect only what it reasonably needs to decide on a tenancy.
Can a landlord refuse to rent to someone with a criminal record?
A criminal record is not a protected ground for housing under the human rights law of any province covered here, so human rights law does not list it among the reasons a landlord cannot use. Privacy law still controls how the landlord gets the information, such as the consent rules and British Columbia's limit on record checks. A landlord can never refuse you because of a protected ground, such as race, religion or disability.
Is a criminal record a protected ground for renting?
No, not in the provinces covered here. British Columbia, Ontario, PEI and Newfoundland and Labrador protect a criminal conviction or record only in employment. Manitoba's Code also says no ground extends to conduct the Criminal Code prohibits. Alberta, Saskatchewan, New Brunswick and Nova Scotia do not list a criminal record as a ground at all.
Can I rent an apartment with a criminal record?
Yes. A record does not stop you from signing a lease, though a landlord who runs a background check with your consent may take it into account. It helps to lead with what landlords can check: references from past landlords, proof you can pay the rent and a good rental history. See how to find a rental property for the steps of applying.
Do I have to consent to a criminal record check?
A landlord should not run one without your consent: the federal privacy commissioner says landlords should get consent for background checks in the seven provinces under federal privacy law. In British Columbia, a landlord cannot make your consent a condition of renting unless the tenancy needs the information, which the privacy commissioner says is rare. In Alberta, a landlord cannot require you to consent to more collection than the tenancy needs.
Can a landlord charge me for a background check?
Not in British Columbia, Manitoba, Saskatchewan, Ontario, Nova Scotia or PEI, which ban application fees. The bans in Saskatchewan and PEI cover investigating whether you are a suitable tenant. Alberta's Act does not ban or cap application fees, and we found no rule that names them in New Brunswick or Newfoundland and Labrador, so ask the tenancy office there before paying.
Can a landlord look me up on social media?
The federal privacy commissioner advises landlords not to use social networks for background checks. In Alberta and British Columbia, social media is not a publicly available source a landlord can use without your consent, and Alberta's commissioner discourages general internet searches as a background check. A BC landlord may look at the province's electronic court registry and published tribunal decisions.
Does a landlord need my SIN for a background check?
No. The federal privacy commissioner says a landlord cannot require your Social Insurance Number, and Alberta's and BC's commissioners say landlords should avoid collecting it or make it optional. Alberta's privacy commissioner says your full name and date of birth will produce a credit report in nearly all cases, and that you cannot be refused for not giving your SIN unless a law requires it. Nova Scotia's renting guide says landlords cannot force you to provide it.
Where can I complain about a landlord's screening questions?
For privacy concerns, contact the privacy commissioner: the Office of the Information and Privacy Commissioner in Alberta or British Columbia, or the Office of the Privacy Commissioner of Canada in the other provinces covered here. If you think you were refused because of a protected ground, contact your province's human rights commission, or in British Columbia the BC Human Rights Tribunal. See how to report a landlord for other routes.
Can a landlord ask for proof of employment?
Generally yes, within limits. The federal privacy commissioner says privacy law does not prevent a landlord asking to see pay stubs to confirm income, but the landlord likely does not need to keep a copy. Manitoba's commission says a landlord may ask about your employer, position and salary, and British Columbia's privacy commissioner says proof of income or employment may be reasonable if adequate references are not available.
The limits matter. New Brunswick's commission says requiring a permanent job, a minimum income or a minimum time with an employer is discriminatory, and in Ontario a landlord who asks for income information must also ask for credit references and rental history and weigh them together. For the full list, see what landlords can legally ask for.
Government sources
- Office of the Information and Privacy Commissioner of Alberta: Guidance for landlords and tenants
- Alberta Human Rights Commission: Rental housing
- Office of the Information and Privacy Commissioner for BC: Guidance for landlords
- Government of BC: Human Rights Code
- Office of the Privacy Commissioner of Canada: Privacy in the landlord and tenant relationship
- Manitoba Human Rights Code
- Manitoba Human Rights Commission: Housing guideline
- Saskatchewan Human Rights Code
- Ontario Human Rights Commission: Policy on human rights and rental housing
- Government of Ontario: O. Reg. 290/98 under the Human Rights Code
- New Brunswick Human Rights Act
- Government of Nova Scotia: Residential tenancies guide to renting
- PEI Human Rights Commission: Areas and grounds of discrimination
- Newfoundland and Labrador Human Rights Act, 2010
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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