canada citizenship employment dual-citizenship
Can lack of dual citizenship be a job qualification in Canada?
<p>Some organizations in Canada have an official preference for hiring Canadian citizens, and say so in job announcements. If one is a Canadian citizen but also a U.S. citizen, does that mean one would be treated differently from a candidate who is only a Canadian citizen?</p>

<h2 id="it-is-illegal-to-discriminate-on-the-basis-of-national-or-ethnic-origin-7nod">It is illegal to discriminate on the basis of &quot;national or ethnic origin&quot;</h2>
<p>This is spelled out in the <a href="https://laws-lois.justice.gc.ca/eng/acts/h-6/fulltext.html" rel="noreferrer">Canadian Human Rights Act</a> s3(1).</p>
<p>However, a person's citizenship is something that can (must) be discriminated on. <strong>Unless</strong> it is being used as a proxy for &quot;national or ethnic origin&quot;.</p>
<h2 id="right-to-work-in-canada-t5el">Right to work in Canada</h2>
<p>To be allowed to work in Canada, person must be a:</p>
<ol>
<li>Canadian citizen (including dual-nationals),</li>
<li>non-Canadian citizen and hold a <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html" rel="noreferrer">work-permit</a>,</li>
<li>non-Canadian citizen and be doing <a href="https://www.settler.ca/english/work-in-canada-without-a-permit-legally/" rel="noreferrer">exempt</a> work.</li>
</ol>
<p>So, an employer asking about citizenship to determine eligibility is fine. An employer asking to discriminate in favour of group 1 over group 2 or 3 is not.</p>

<p>Employment and human rights law are mostly provincial if the employer/service provider is not federally regulated.</p>
<p><a href="https://www.canada.ca/en/services/jobs/workplace/federally-regulated-industries.html" rel="nofollow noreferrer">Federally regulated sectors</a> are out of provincial jurisdiction with respect to employment and are subject to the federal Acts (Canadian Human Rights Act, Canada Labour Code) instead.</p>
<p><a href="http://www.ohrc.on.ca/en/part-ii-%E2%80%93-interpretation-and-application/canadian-citizenship" rel="nofollow noreferrer">Citizenship</a> is a enumerated protected ground in Ontario. Employment decisions cannot be discriminate on citizenship (e.g. requirement to have Canadian citizenship) unless a legal requirement exists. Certain general exceptions apply, e.g. essential job duty or business requirement, certain social/cultural/religious organizations.</p>
<blockquote>
<p>Some organizations in Canada have an official preference for hiring Canadian citizens</p>
</blockquote>
<p>This in itself could be illegal (if they are subject to Ontario law).</p>
<blockquote>
<p>If one is a Canadian citizen but also a U.S. citizen, does that mean one would be treated differently from a candidate who is only a Canadian citizen?</p>
</blockquote>
<p>This would also be illegal.</p>
<p>If the job requires security clearance or work eligibility in the US, dual citizenship can be taken into account at that stage (for better or worse).</p>
<p>Citizenship is also often closely related to national origin or ancestry which is a protected ground in all provinces and federally. Even if your particular citizenship has no relations with your national origin, it might still be an illegal discrimination.</p>
