Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

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

ESR Section 4 – Cancellation or suspension of employment agency licence 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains when the director may cancel or suspend an employment agency’s licence. 


Text of Legislation

4. The director may cancel or suspend an employment agency's licence if the employment agency

(a) makes a false or misleading statement in an application for a licence,

(b) contravenes the Act or this regulation,

(c) is operating or has operated the employment agency contrary to the best interests of employers and persons seeking employment, or

(d) is placing a domestic with an employer and does not inform the employer of the requirement to register the domestic with the Employment Standards Branch in accordance with section 15 of the Act and section 13 of this regulation. 


Policy Interpretation

The director has the right to cancel or suspend an employment agency’s licence where she is satisfied that the employment agency has :

  • made a false or misleading statement in an application for a licence
  • contravened a section of the Act or Regulation
  • has not operated in the best interests of employers and persons seeking employment
  • has placed a domestic with an employer, and failed to inform the employer of the requirements to register the domestic in accordance with the following provisions:
    • Section 15 of the Employment Standards Act; and
    • Section 13 of the Employment Standards Regulation.

Under s.10 of this Regulation, when the director refuses to issue, cancels or suspends a licence, she must serve the person who applied for, or held the licence, with a determination providing:

  • the reasons for the determination; and
  • the time limit and process for appealing the determination to the Employment Standards Tribunal.

A person served with a determination under s.10, may appeal the determination to Employment Standards Tribunal in accordance with section 12 of this Regulation.

Under s.125 of the Employment Standards Act a person who contravenes a requirement of Parts 2 to 8 commits an offence. Part 2 of the Act, includes s.12 Employment and talent agencies must be licensed.


Related Information

Related sections of the Act or Regulation

ESA

ESR