Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 38 – Licensing of talent agencies 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This regulation explains the process by which a talent agency licence is issued by the director and when a licence may be refused, suspended or cancelled. 


Text of Legislation

38. (1) Sections 10 and 11 of the Act do not apply to talent agencies that are licensed.

(2) An application for a licence to operate a talent agency must be made to the director, in the form required by the director, and must be accompanied by

(a) a licence application fee of $100,

(b) a copy of the talent agency’s standard contract, and

(c) a bond that accords with the Bonding Act, and that is equal to the average monthly wages that an actor, performer or extra earning between $1 and $100,000 would receive based on the BC Film Commission’s statistics from the previous year.

(3) The director may issue a licence to operate a talent agency only if the applicant has complied with subsection (2).

(4) The director may refuse to issue a licence to an applicant that has preciously had its licence canceled or that is involved in activities outlined in subsection (5)(d).

(5) The director may suspend or cancel a talent agency’s licence if the talent agency

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

(b) contravenes the Act or this regulation,

(c) does not display the agency’s licence number on all public advertising, or

(d) is or has been involved in any activity that the director determines to be illegal, dishonest, fraudulent or deliberately misleading, and that is related to the operation of the talent agency.


Policy Interpretation

Subsection (1)

Talent agencies have specific licensing and compliance requirements under this Regulation and are excluded from the following provisions of the Act:

  • Section 10 - No charge for hiring or providing information
  • Section 11 - No fees to other persons

Section 38.1 of this Regulation describes the fees a talent agency is allowed to charge an actor, performer, extra or technical creative film person.

Subsection (2) & (3)

Under this subsection, before the director may issue a licence to talent agency, the agency must submit an application form (in a form required by the director), signed by the director(s), officer(s), and owner(s) of the agency, to the Employment Standards Branch. Application forms can be obtained from any Employment Standards Branch office.

For an electronic version of the application form, visit the Employment Standards Branch website at: Employment Standards Forms.

The following must be provided with the application form:

  • $100 application fee;
  • a copy of the talent agency’s standard contract; and
  • a bond, currently in the amount of $725. The bond may be in the form of cash, an irrevocable letter of credit, or other security in accordance with the Bonding Act.

A licence issued under this regulation is valid for one year after the date on which is was issued (See s.9 of this Regulation)

Subsection (4) – Refusal to issue a licence

The director may refuse to issue a licence where a talent agency:

  • has previously had its licence cancelled; or
  • is involved, or has been involved in the past, in any activity that the director determines is illegal, dishonest, fraudulent or deliberately misleading and is related to the operation of the talent agency

Subsection (5) – Suspension or cancellation of a licence

The director may suspend or cancel a talent agency licence when the agency:

  • Makes a false or misleading statement in its application for a licence;
  • Is found to have contravened a provision in the Act or this Regulation;
  • Fails to display the agency’s licence number on all public advertising in accordance with s.38.1(h) of this Regulation; or
  • Is involved, or has been involved in the past, in any activity that the director determines is illegal, dishonest, fraudulent or deliberately misleading and is related to the operation of the talent agency.

Sections 10, 11 and 12 of this Regulation govern the issuance of a determination in which the director refuses to issue, cancels or suspends a licence.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

For application forms: Employment Standards Forms

Bonding Act Talent Agencies: Talent Agencies in British Columbia

Youth Employment in the Entertainment Industry: Employment of Young People in Entertainment