Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 2 - HIRING EMPLOYEES
ESA Section 12 – Employment and talent agencies must be licensed
This section explains that an employment agency must be licensed under the Act unless they hire exclusively for one employer.
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.
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.
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.
Related sections of the Act or Regulation
- 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
- 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