Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS
ESR Section 10 – If a licence is refused, cancelled or suspended
This section explains the requirements of the director when issuing a determination to refuse, cancel or suspend a licence under this Regulation.
10. On making a determination to refuse to issue, renew or reinstate, or to cancel or suspend, a licence under this regulation, the director must serve the person who applied for or held the licence with a copy of the determination that includes
(a) the reasons for the determination, and
(b) the time limit and process for appealing the determination to the tribunal.
A copy of the determination cancelling, suspending or refusing a farm labour contractor’s license, employment agency license or talent agency licence must be served on the person who held or applied for the license. The determination should set out the reasons for the determination and appeal information.
A person served with a determination under this section, may appeal the determination to the Employment Standards Tribunal in accordance with s.12 of this Regulation.
A determination issued under this section does not include a penalty since penalties only apply to determinations issued under s.79 of the Act.
A licence issued under this Regulation is not transferable or assignable.
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 sections of the Act or Regulation
- s.1, Definition, “employment agency”
- s.1, Definition, “farm labour contractor”
- s.12, Employment and talent agencies must be licensed
- s.13, Farm labour contractors must be licensed
- s.125, Offences
- s.2, Licensing of employment agencies
- s.4, Cancellation or suspension of employment agency licence
- s.5, Licensing of farm labour contractors
- s.5.1, Calculation of security
- s.6, Duties of farm labour contractors
- s.7, Cancellation or suspension of farm labour contractor ’s licence
- s.8, If there is a change of directors or officer
- s.9, Rules about licenses
- s.11, Surrender of licence
- s.12, Appeals from the refusal, cancellation and suspension
- s.38, Licensing of talent agencies
- s.38.1, Compliance requirements – talent agencies
- s.39, Exclusions from farm labour contractor licensing requirements