Background Checks in Canada: What Private Investigators Can (and Cannot) Find

What Private Investigators Can Lawfully Find in Canada

Employment and Professional History

Verification of Past Employers and Job Titles (Where Lawfully Available)

Private investigators may lawfully verify elements of an individual’s work history if the information is publicly available or provided with proper consent. This often includes confirming:

• The names of past employers
• Job titles held
• Dates of employment (to the extent an employer is willing to confirm)

In practice, this verification is usually done through:

• Public-facing sources such as company websites, press releases, or professional biographies
• Direct confirmation from employers only when consent has been given or when the employer has a lawful basis to disclose limited information

Professional Licenses and Public Disciplinary Records

Private investigators are also allowed to confirm professional credentials where those credentials are maintained in public or semi-public registries. This includes:

• Verification of licences for regulated professions (such as lawyers, paralegals, real estate professionals, nurses, or trades)
• Confirmation of licence status (active, suspended, expired)
• Review of publicly posted disciplinary decisions issued by regulatory bodies

Limitations on Accessing Confidential HR Records

While basic employment verification is permitted, confidential human resources records are strictly off-limits. Private investigators cannot lawfully access or obtain:

• Performance reviews or internal evaluations
• Disciplinary warnings or termination details
• Salary history, benefits, or internal complaints
• Personnel files or internal investigation reports

Litigation and Court Records

Civil Court Filings and Judgments

Private investigators may lawfully search public civil court records to identify a person’s involvement in litigation. This can include:

• Statements of claim, defences, and motions that are part of the public court file
• Final judgments and court decisions
• Enforcement actions such as writs of seizure or garnishment orders

Bankruptcy and Insolvency Records

Private investigators may confirm:

• Whether an individual or company has filed for bankruptcy
• Dates of bankruptcy or proposal filings
• Discharge status and basic insolvency details

Family Court Limitations and Sealed Records

Private investigators in Ontario cannot lawfully access or disclose:

• Sealed family court files
• Detailed custody, access, or child protection records
• Financial disclosure documents filed in family proceedings
• Affidavits or evidence subject to publication bans

Business and Corporate Records

Corporate Directorships and Ownership Interests

Private investigators may lawfully identify a person’s involvement in corporations and other business entities through public registries. This commonly includes:

• Names of current and past corporate directors and officers
• Dates of appointment or resignation
• Registered ownership interests where disclosure is required by law

Business Registrations and Affiliations

Beyond incorporated entities, private investigators may also verify:

• Sole proprietorship and partnership registrations
• Business names operating under trade or “doing business as” (DBA) designations
• Historical changes in business status, such as dissolutions or amalgamations

Conflict-of-Interest Indicators

One of the most important uses of corporate records is identifying potential conflicts of interest. While investigators cannot speculate or assign intent, they may lawfully flag objective indicators such as:

• Simultaneous directorships in competing or related companies
• Undisclosed business relationships involving public officials or fiduciaries
• Overlapping ownership interests between contracting parties
• Repeated involvement in dissolved or restructured entities

Online and Social Media Presence

Publicly Accessible Social Media Activity

Private investigators may lawfully view and document social media content that is publicly accessible. This includes information that a user has chosen to make visible without privacy restrictions, such as:

• Public posts, comments, and images
• Profile information visible to non-connections
• Public group participation or pages followed
• Publicly shared videos or statements

Importantly, investigators cannot:

• Bypass privacy settings
• Use fake profiles or impersonation to gain access
• “Friend” or connect with someone under false pretences
• Access private messages, locked accounts, or restricted content

Digital Footprint Analysis and Behavioural Indicators

Beyond individual posts, investigators may conduct a broader digital footprint analysis using lawful sources. This can involve:

• Comparing online statements with known timelines or documented facts
• Identifying inconsistencies between public claims and observable behaviour
• Reviewing patterns of public activity across platforms
• Verifying location references, business promotions, or affiliations made online

Use of Online Content as Supporting Not Standalone Evidence

One of the most important legal principles governing online investigations in Canada is proportional reliance. Social media and online content should be used as supporting evidence, not as the sole basis for conclusions.

For example:

• A public post may corroborate information obtained from employment records or surveillance conducted lawfully
• Online business promotion may support findings from corporate registry searches
• Location-tagged content may align with other independently verified facts

Financial Indicators (Non-Banking)

Asset Ownership Through Public Registries

Private investigators may lawfully confirm ownership of certain assets through public registries. Common examples include:

• Real property ownership, including residential and commercial properties registered in land title systems
• Vehicle ownership where disclosure is permitted for a legitimate purpose
• Corporate or business assets tied to publicly registered companies or directorships

These records can show whether an individual holds assets and when they were acquired, but they typically do not reveal:

• Purchase prices beyond what is publicly recorded
• Mortgage balances or financing terms
• Current market value or equity

Lifestyle Indicators vs. Declared Income

In some investigations particularly those involving fraud allegations, family law support matters, or civil disputes investigators may compare observable lifestyle indicators with declared or known income information provided through lawful channels.

Lifestyle indicators may include:

• Publicly observable property holdings
• Business interests or operational activity
• High-value vehicles, equipment, or recreational assets visible in public settings
• Public travel, event participation, or commercial promotion

Crucially, investigators cannot:

• Guess income figures
• Access tax returns or banking data
• Conclude wrongdoing based solely on appearance

What “Financial Indicators” Mean in Investigations

In the Canadian investigative context, financial indicators do not mean financial disclosure or forensic accounting. Instead, they refer to:

• Objective, observable facts tied to public records
• Patterns that may warrant further legal review
• Corroborative information supporting other findings

What Private Investigators Cannot Access

Banking and Credit Information

In Ontario and across Canada, banking and credit information is among the most strictly protected categories of personal data. Canadian privacy law draws a firm and non-negotiable boundary around financial records, and private investigators have no lawful authority to cross it without explicit consent or a court order.

No Access to Bank Account Balances

Private investigators cannot access:

• Personal or business bank account balances
• Savings, chequing, or investment account details
• Lines of credit or loan balances

No Access to Credit Reports without Consent

Credit reports and credit scores are classified as highly sensitive personal information. Private investigators cannot pull or review a credit report unless:

• The subject has provided clear, informed, written consent, or
• Access is ordered by a court or permitted under a specific statutory authority

No Access to Transaction Histories

Transaction histories are also strictly protected. Private investigators cannot lawfully obtain:

• Debit or credit card transaction records
• Interac, wire transfer, or electronic payment histories
• Merchant statements or purchase logs

Private Communications

Prohibition on Accessing Emails

Private investigators are strictly prohibited from accessing or attempting to access:

• Personal or work email accounts
• Email inboxes, sent folders, or archived messages
• Cloud-based email services, regardless of provider

This prohibition applies even if:

• The investigator knows or suspects the password
• The email account belongs to a spouse, employee, or business partner
• The information is believed to be relevant to a dispute

Prohibition on Accessing Text Messages

Text messages and instant messages are treated as private electronic communications. Private investigators cannot lawfully access:

• SMS or MMS messages
• Messaging apps (such as encrypted or cloud-based platforms)
• Deleted or archived messages retrieved through technical means

Investigators may not obtain this information by:

• Taking or cloning a device
• Installing spyware or monitoring software
• Exploiting shared devices or family plans

Prohibition on Accessing Call Logs

Call logs are also protected private communications data. Private investigators cannot access:

• Incoming or outgoing call histories
• Missed call records
• Voicemail recordings or logs

Criminal Consequences of Unlawful Access

Illegally accessing private communications is not just a privacy breach it can be a criminal offence under the Criminal Code of Canada. Depending on the conduct, offences may include:

• Unauthorized use of a computer system
• Interception of private communications
• Possession or use of unlawfully obtained data

Medical and Health Records

Strict Privacy Protections under Canadian Law

Health information is considered highly sensitive personal information. In Ontario, it is protected by comprehensive health-privacy legislation that governs how personal health information is collected, used, and disclosed. This protection extends to:

• Medical diagnoses and treatment history
• Physician, hospital, and clinic records
• Prescription information and pharmacy records
• Mental health and counselling records
• Disability, injury, and accommodation documentation

No Investigative Exceptions

This means investigators cannot:

• Contact healthcare providers to request information
• Access hospital or clinic systems
• Obtain records through employers, insurers, or family members
• Use deception, pretexting, or “wellness checks” to gather health data

Police Databases and Criminal Records

Difference between Police-Accessible Databases and Court-Disclosed Criminal Information

Police-Accessible Databases

Private investigators do not have access to police databases under any circumstances. These systems are restricted to law enforcement and authorized justice partners only. This includes databases maintained by police services and national systems operated by the Royal Canadian Mounted Police.

Examples of prohibited access include:

• Police occurrence and incident reports
• Arrest records that did not result in court proceedings
• Charges that were withdrawn, stayed, or never laid
• Investigative notes, intelligence files, or suspect databases
• CPIC (Canadian Police Information Centre) records

Court-Disclosed Criminal Information

Criminal information becomes lawfully accessible only when it passes through the court system and enters the public record. This typically includes:

• Criminal charges that have been formally laid and appear on court dockets
• Court appearances and procedural history
• Convictions recorded by a court
• Sentencing decisions and written judgments

Once disclosed in open court, this information may be reviewed by private investigators through lawful court-access channels. However, even court-disclosed information is subject to important limits, including:

• Youth criminal justice restrictions
• Record suspensions (pardons)
• Publication bans
• Sealed or restricted files

When Criminal History May Be Lawfully Verified

Private investigators may verify criminal history only in narrow, clearly defined situations, such as:

• Confirming publicly available court convictions
• Verifying criminal history with the individual’s informed consent, often as part of employment or licensing screening
• Reviewing written court decisions that reference criminal outcomes

What investigators cannot do is conduct informal “criminal background checks” by:

• Asking police services for confirmation
• Searching internal law enforcement systems
• Relying on third-party claims or databases of uncertain origin

Why Using a Licensed Canadian Private Investigator Matters

Compliance with Provincial Licensing Requirements

Private investigators in Ontario must be licensed under the Private Security and Investigative Services Act (PSISA). This legislation establishes mandatory standards for:

• Licensing and renewal requirements
• Training and testing
• Code of conduct and ethical obligations
• Oversight and enforcement by provincial regulators

Evidence Admissibility in Court

Courts in Ontario scrutinize how evidence is obtained, not just what the evidence shows. Information gathered through unlawful methods such as privacy violations, misrepresentation, or unauthorized access may be excluded or given little weight.

Licensed private investigators are trained to:

• Collect evidence lawfully and proportionately
• Maintain proper documentation and chain of custody
• Prepare investigation reports suitable for legal review
• Testify credibly if required

Protection from Privacy Violations and Legal Liability

Canadian privacy law places significant responsibility not only on investigators, but also on those who hire them. If an investigation involves improper access to personal information, both the investigator and the client may face:

• Privacy complaints and regulatory investigations
• Civil lawsuits for invasion of privacy
• Exclusion of evidence in legal proceedings
• Reputational and financial harm