Farm Labour Contractors Must Be Licensed - Act Part 2, Section 13
This section requires that a farm labour contractor be licensed and provides that a producer who uses the services of an unlicensed farm labour contractor is deemed to be the employer and is liable for wages.
13. (1) A person must not act as a farm labour contractor unless the person is licensed under this Act.
(2) A producer must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act.
(3) If a producer engages the services of an unlicensed farm labour contractor, the producer is deemed for the purposes of this Act to be the employer of each employee of the farm labour contractor who performs work on behalf of the producer.
A licensed farm labour contractor is the employer of the farm workers who perform work for that contractor. Under s.1 of the Employment Standards Act, a person who uses the services of a farm labour contractor is a “producer”.
A producer who engages the services of an unlicensed farm labour contractor may be subject to a penalty under the Act.
A producer who engages the services of an unlicensed farm labour contractor is deemed to be the employer of the farm workers, and is liable for any unpaid wages under section 30 of the Act.
Note: Under s.39 of the Employment Standards Regulation, s.13 of the Act does not apply to a person whose employees work for, or under the control or direction of, another person in connection to silviculture or spraying or pruning fruit trees.
A farm labour contractor provides employees to a producer from March 1, to October 31 but does obtain a farm labour contractor licence.
The farm labour contractor was in contravention of the Act and is subject to penalties.
If the farm labour contractor does not pay their employees, the producer will be deemed to be the employer and will be liable for all unpaid wages.
Related sections of the Act or Regulation
- s.1, Definition “producer”
- s.1, Definition "farm labour contractor"
- s.30, Producer and farm labour contractor are liable for unpaid wages
- s.30.1, Liability of farm labour contractor for transportation costs
- s.30.2, Enforcement of administrative fee
- s.1, Definition “farm worker”
- ss.5-12, Farm Labour Contractors
- s.18, Minimum Wage – farm workers
- s.34.1, Farm workers
- s.39, Exclusions from farm labour contractor licensing requirements