Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 2 - HIRING EMPLOYEES

ESA Section 12 – Employment and talent agencies must be licensed


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains that an employment agency must be licensed under the Act unless they hire exclusively for one employer. 


Text of Legislation

12. (1) A person must not operate an employment agency or a talent agency unless the person is licensed under this Act.

(2) Subsection (1) does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one employer.


Policy Interpretation

Subsection (1)

See s.1 of the Act for the meaning of "employment agency” and “talent agency”.

The requirements for licensing of employment agencies are outlined in sections 2, 3 and 4 of the Employment Standards Regulation.

The requirements for licensing of talent agencies are outlined in section 38 of the Employment Standards Regulation.

Agencies must ensure that their licence is current and that they renew their licence in a timely way. Agencies that operate with an expired licence will be subject to an administrative penalty under s. 29(1) of the Regulation.

Subsection (2)

Employment agencies that solely recruit for one employer are excluded from this section and as such are not required to be licensed under the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Talent Agencies 

Children in Film

Factsheets

Employment Standards for Foreign Workers

Employment Agencies

Forms

Forms