Our answer relies solely on the following statutes:
- Employment Standards Act and its accompanying regulations
- B.C. Human Rights Code, and its accompanying regulations
- Freedom of Information and Protection of Privacy
We rely on the following assumptions and limitations. Our response:
- is limited to the law of the Province of British Columbia, Canada;
- excludes the application of the law of any other jurisdiction;
- reflects the state of these statutes as at 6 October 2014;
- does not incorporate the law of any other legislation; and,
- does not incorporate the common law.
Our response should not be treated as a legal opinion to address a specific fact situation and should not be relied upon to recommend a certain course of action to be taken.
Based on these three statutes, there are no requirements to retain interview notes and records in a hiring process for a paid staff person.
An employer may want to consider keeping these notes for a certain period of time to protect it if the employer has concerns that it may face a claim of hiring discrimination under the Human Rights Code. But, this would be a defensive practice and not one that is required by the Code.