Employment & Talent Agencies Must Be Licensed - Act Part 2, Section 12

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains that an employment agency or talent agency must be licensed under the Act. Employment agencies are not required to be licensed if they hire exclusively for one employer. 

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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.

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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.

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Related Information

Related sections of the Act or Regulation

ESA

• s. 1, Definition “employment agency”
• s. 1, Definition “talent agency”
• s. 10 No charge for hiring or providing information
• s. 11 No fees to other persons

ESR

• s.2, Licensing of employment agencies
• s.3, Employment agency records
• s.4, Cancellation or suspension of employment agency licence
• s.9, Rules about licences
• s.10, If a licence is refused, cancelled or suspended
• s.11, Surrender of licence
• s 12, Appeals from the refusal, cancellation and suspension of a licence
• s.38, Licensing of talent agencies
• s.38.1, Compliance requirements – talent agencies

Other

Talent Agencies 

Employment Agencies

Forms