Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS
ESR Section 3 – Employment agency records
This section explains which records an employment agency must keep and the format in which they must be kept.
3. (1) An employment agency must keep a record of the following:
(a) the name and address of each employer for whom the employment agency provides a service;
(b) the name, occupation and address of each person who is directed to an employer for the purpose of being hired or who is provided with information about employers seeking employees.
(2) The record must
(a) be in English,
(b) be kept at the employment agency's principal place of business in British Columbia, and
(c) be retained by the employment agency for 2 years.
An employment agency is required to keep a record of:
- the name and address of each employer that they provide a service for
- the name, occupation and address of each person seeking employment who is
- directed to an employer for hiring purposes, or
- provided with information about an employer.
The record must be in English, and must be kept at the employment agency’s principal place of business in British Columbia for two years.
Companies incorporated outside of British Columbia must comply with all of the requirements of operating a business in the province, including registering as an extra-provincial company as required by the Business Corporations Act.
The Director will accept the British Columbia address of the attorney's office of an extra-provincial company as the agency's principal place of business to satisfy the requirement of subsection (2), as long as the information required by subsection (1) can be accessed through that address.
For compliance requirements for talent agencies, refer to s.38.1 of this Regulation.
Related sections of the Act or Regulation
- s.1, Definition, “employment agency”
- s.10 No charge for hiring or providing information
- s.11 No fees to other persons
- s.12, Employment and talent agencies must be licensed
- s.2, Licensing of employment agencies
- s.4, Cancellation or suspension of employment agency licence
- s.9(1), 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