Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS

ESR Section 3 – Employment agency records


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains which records an employment agency must keep and the format in which they must be kept.


Text of Legislation

3. (1) An employment agency must keep a record of the following:

(a) the name and address of each employer for whom the employment agency provides a service;

(b) the name, occupation and address of each person who is directed to an employer for the purpose of being hired or who is provided with information about employers seeking employees.

(2) The record must

(a) be in English,

(b) be kept at the employment agency's principal place of business in British Columbia, and

(c) be retained by the employment agency for 2 years.


Policy Interpretation

Subsection (1)

An employment agency is required to keep a record of:

  • the name and address of each employer that they provide a service for
  • the name, occupation and address of each person seeking employment who is
    • directed to an employer for hiring purposes, or
    • provided with information about an employer.

Subsection (2)

The record must be in English, and must be kept at the employment agency’s principal place of business in British Columbia for two years.

Companies incorporated outside of British Columbia must comply with all of the requirements of operating a business in the province, including registering as an extra-provincial company as required by the Business Corporations Act.

The Director will accept the British Columbia address of the attorney's office of an extra-provincial company as the agency's principal place of business to satisfy the requirement of subsection (2), as long as the information required by subsection (1) can be accessed through that address.

For compliance requirements for talent agencies, refer to s.38.1 of this Regulation.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheets

Talent Agencies

Employment Agencies

Foreign Workers