The OHRC’s position is that a strict requirement for “Canadian experience” is discriminatory on its face and can only be used in limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test set out in this policy. Employment and accreditation requirements should be clear, reasonable, genuine and directly related to performing the job.
The Ontario Human Rights Code prohibits employment and professional association membership requirements that may have an adverse effect on people based on Code grounds, including race, ancestry, colour, place of origin and ethnic origin.
Newcomers should be able to access job opportunities that match their education, skills and experience, and be given the opportunity to contribute meaningfully to their new homeland. Businesses that welcome and invest in newcomers will benefit from the skills and rich experience they have to offer, and will enhance their ability to compete in the modern global economy. Canada as a nation benefits from the contributions of immigrants – and it needs these contributions to ensure its future economic growth and competitiveness.