Bill 161 2007

An Act respecting employment agencies An Act respecting temporary help agencies

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"employment agency" means the business of procuring for a fee, reward or other remuneration, either persons for employment or employment for persons, including the business of counselling or testing persons for a fee, reward or other remuneration to assist them in securing employment, as well as a temporary help agency that contracts out persons to other organizations; ("agence de placement")

"licence" means a licence under this Act; ("permis")

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act; ("règlements")

"supervisor" means the person in the employ of the Ministry of Labour appointed as the supervisor of employment agencies. ("superviseur") 

Definitions

   1.  In this Act,

"Board" means the Ontario Labour Relations Board;  («Commission»)

"client" means a person,

  (a)  who pays the operator of a temporary help agency, or a person related to the operator, for the labour of an employee,

           (i)  of the operator,

          (ii)  of a person related to the operator, or

  (b)  on whose behalf payment is made to the operator of a temporary help agency, or to a person related to the operator, for the labour of an employee described in subclause (a) (i) or (ii); («client»)

"Director" means the Director of Employment Standards appointed under the Employment Standards Act, 2000;  («directeur»)

"employment standards officer" means an employment standards officer appointed under the Employment Standards Act, 2000; («agent des normes d'emploi»)

"licence" means a licence under this Act; («permis»)

"prescribed" means prescribed by the regulations;  («prescrit»)

"regulations" means the regulations made under this Act;  («règlements»)

"temporary help agency" means a business of entering into contracts under which,

  (a)  employees of the operator of the business or of a person related to the operator perform labour for a client, and

  (b)  the client, or another person acting on the client's behalf, pays the operator or related person for the labour of those employees. («agence de placement temporaire») 

Licence required

   2.  No person shall carry on an employment agency unless licensed to do so by the supervisor.  

Licence required

   2.  No person shall operate a temporary help agency unless licensed to do so by the Director.

Licence, issue

   3.  (1)  Subject to section 6, an applicant for a licence to carry on a class of employment agency is entitled to be issued the licence by the supervisor if the applicant,

  (a)  applies in the required form;

  (b)  pays the required fee;

   (c)  furnishes the prescribed security; and

  (d)  complies with the prescribed qualifications.

Renewal

   (2)  Subject to section 7, a licensee who applies for a renewal of a licence in accordance with this Act and the regulations and pays the required fee is entitled to renewal of the licence by the supervisor.

Licence, issue

   3.  (1)  Subject to section 6, an applicant for a licence to operate a temporary help agency is entitled to be issued the licence by the Director if the applicant,

  (a)  applies in the required form;

  (b)  pays the required fee; and

   (c)  complies with any prescribed qualifications.

Renewal

   (2)  Subject to section 7, a licensee who applies for a renewal of a licence in accordance with this Act and the regulations and pays the required fee is entitled to renewal of the licence by the Director.

Pending approval

   (3)  A licensee who has applied for renewal of a licence may continue to operate while awaiting a decision from the Director on the application if,

  (a)  the application and the required fee have been received by the Director at least 30 days prior to the expiry date of the licence; and

  (b)  the licensee has not received a notice that the application has been refused.

Term of licence

   4.  A licence expires on March 31 next three years following its date of issue, unless it is sooner suspended or revoked. 

Branches, etc.

   5.  Where an employment agency is carried on in or from more than one place of business, a separate licence shall be obtained in respect of each place of business.  

Display of licence

   5.  A licensee shall display a copy of the licence in a conspicuous place in all premises in which the business is operated, where it is likely to come to the attention of any of the licensee's employees who attend the premises.

Refusal to issue licence

   6.  Subject to section 8, the supervisor may refuse to issue a licence to an applicant who otherwise has complied with the requirements of section 3 if, in the supervisor's opinion,

  (a)  the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on the employment agency in accordance with law and with honesty and integrity; or

  (b)  having regard to the applicant's financial position, the applicant cannot reasonably be expected to be financially responsible in the carrying on of the employment agency; or

   (c)  where the applicant is a corporation,

           (i)  the past conduct of its officers or directors affords reasonable grounds for belief that the employment agency will not be carried on by it in accordance with law or with honesty and integrity, or

          (ii)  having regard to its financial position, it cannot reasonably be expected to be financially responsible in the carrying on of the employment agency.

Criteria for issue or renewal of licence

   6.  (1)  The Director may issue a licence to an applicant or renew the licence of an applicant if the Director is of the view that it would be appropriate to do so.

Same

   (2)  In deciding whether it is appropriate to issue a licence to an applicant or renew the licence of an applicant, the Director may take into consideration any factors he or she considers relevant, and, without restricting the generality of the foregoing, he or she may consider,

  (a)  any current or past contraventions of this Act or the regulations on the part of the applicant;

  (b)  any current or past contraventions of the Employment Standards Act, 2000 or the regulations made under it on the part of the employer;

   (c)  the health and safety of employees;

  (d)  any prescribed factors.

Suspension, revocation, etc.

   7.  Subject to section 8, the supervisor may refuse to renew or may suspend or revoke a licence if, in the supervisor's opinion,

  (a)  the licensee or, where the licensee is a corporation, any officer, director or employee thereof has contravened or has knowingly permitted any person under his or her control or direction or associated with him or her in the carrying on of the employment agency carried on under the licence to contravene any provision of this Act or of the regulations or of any other Act or regulations applying to the carrying on of the employment agency and such contravention occurred through lack of competence or with intent to evade the requirements of such provision; or

  (b)  the licence would be refused under section 6 if the licensee were making application for it in the first instance.

Refusal to renew and revocation

   7.  Subject to section 8, the Director may refuse to renew or may revoke a licence if, in the Director's opinion,

  (a)  the licensee or, where the licensee is a corporation, any officer, director or employee thereof, has contravened or has knowingly permitted any person under his or her control or direction or associated with him or her in the operation of the temporary help agency operated under the licence to contravene any provision of this Act or the regulations applying to the operation of the temporary help agency; or

  (b)  the licence would be refused under section 6 if the licensee were making application for it in the first instance.

Notice of proposal to refuse or revoke

   8.  (1)  The supervisor, when proposing to refuse to issue or renew a licence or to suspend or revoke a licence, shall serve notice of the proposal, together with written reasons, on the applicant or licensee advising of the right to a hearing by a judge of the Superior Court of Justice in the area in which the applicant or licensee intended to carry on or carried on the employment agency under the licence if application is made to the judge within 15 days after service of the notice by the supervisor, and the applicant or licensee may within such time apply to the judge for a hearing.

Notice of proposal required before refusal to issue or to renew, or revocation of licence

   8.  (1)  If the Director proposes to refuse to issue a licence or to renew one, or to revoke a licence, he or she shall serve notice of the proposal, together with written reasons, on the applicant or licensee advising of the right to a hearing by the Board if application is made to the Board within 15 days after service of the notice by the Director, and the applicant or licensee may within such time apply to the Board for a hearing.

Powers of supervisor director where no hearing

   (2)  Where an applicant or licensee does not apply for a hearing in accordance with subsection (1), the supervisor director may carry out the proposal stated in the notice under subsection (1). 

Powers of judge where hearing

   (3)  Where an applicant or licensee applies to a judge for a hearing in accordance with subsection (1), the judge shall appoint a time for and hold the hearing and, on the application of the supervisor at the hearing, may by order direct the supervisor to carry out the proposal or refrain from carrying out the proposal and to take such action as the judge considers the supervisor ought to take in accordance with this Act and the regulations, and for such purposes the judge may substitute his or her opinion for that of the supervisor.

Powers of Board

   (3)  Where an applicant or licensee applies to the Board for a hearing in accordance with subsection (1), the Board shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order direct the Director to carry out the proposal or refrain from doing so and take such other action as the Board considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the Board may substitute its opinion for that of the Director.

Service of notice

   (4)  The supervisor director may serve notice under subsection (1) personally or by registered mail addressed to the applicant or licensee at the address last known to the supervisor director and, where notice is served by registered mail, the notice shall be deemed to have been served on the third day after the day of mailing unless the person to whom notice is being given establishes to the judge to whom application is made for a hearing before the Board that the applicant or licensee did not, acting in good faith, through absence, accident, illness or other cause beyond the control of the applicant or licensee receive the notice or order until a later date.

Extension of time for hearing

   (5)  A judge to whom application is made by an applicant or licensee for a hearing under subsection (1) may extend the time for making the application, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant or licensee pursuant to a hearing and that there are reasonable grounds for applying for the extension and may give such directions as he or she considers proper consequent upon the extension.

Extension of time for hearing

   (5)  If an application is made by an applicant or licensee for a hearing under subsection (1), the Board may extend the time for making the application, either before or after expiration of the time fixed therein, if satisfied that there are apparent grounds for granting relief to the applicant pursuant to a hearing and that there are reasonable grounds for applying for the extension, and the Board may give such directions as it considers proper consequent upon the extension.

Continuation of licences pending renewal

   (6)  Where, within the time prescribed for doing so or, if no time is prescribed, before expiry of the licence, a licensee has applied for renewal of the licence and paid the required fee, the licence shall be deemed to continue,

  (a)  until the renewal is granted; or

  (b)  where the licensee is served with notice that the supervisor proposes to refuse to grant the renewal, until the time for applying to a judge for a hearing expires and, where a hearing is applied for, until the judge has made an order. 

  (b)  where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for applying to the Board for a hearing expires and, where a hearing is applied for, until the Board has made an order.

Parties

   9.  (1)  The supervisor director, the applicant or licensee who has applied for the hearing and such other persons as the judge Board may specify are parties to the proceedings before a judge Board under section 8.

When notice to be given

   (2)  Notice of a hearing under section 8 shall afford to the applicant or licensee a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the issue or retention of the licence.

Examination of documentary evidence

   (3)  An applicant or licensee who is a party to proceedings under section 8 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. 

Recording of evidence

   (4)  The oral evidence taken before the judge at a hearing shall be recorded and, if so required, copies of a transcript shall be furnished upon the same terms as in the Superior Court of Justice.

Findings of fact

   (5)  The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.

Rules of practice

   (4)  The chair of the Board may make rules governing the Board's practice and procedure and the exercise of its powers, and may provide for forms and their use.

Rules not regulations

   (5)  Rules made under this section are not regulations within the meaning of the Regulations Act.

Same, transition

   (6)  On the day on which Part III of the Legislation Act, 2006 comes into force, subsection (5) is amended by striking out "the Regulations Act" and substituting "Part III (Regulations) of the Legislation Act, 2006".  

Appeal from order of judge

   10.  (1)  Any party to proceedings before a judge may appeal from the decision or order of the judge to the Divisional Court.

Record to be filed in court

   (2)  Where notice of an appeal is served under this section, the judge shall forthwith file with the Superior Court of Justice the record of the proceedings before him or her in which the decision or order was made, which, together with the transcript of the evidence before the judge if it is not part of the record of the judge, shall constitute the record in the appeal.

Representations by Minister

   (3)  The Minister of Labour is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.

Decision

   (4)  The Divisional Court may, on the appeal, exercise the powers of the judge appealed from and for such purpose the court may substitute its opinion for that of the supervisor or of the judge or the court may refer the matter back to the judge for a hearing, in whole or in part, in accordance with such directions as the court considers proper.

Provisional order of supervisor

   11.  Despite section 8, the supervisor, by notice to a licensee, and without a hearing, may provisionally refuse renewal of or suspend the licensee's licence where the carrying on of the employment agency under the licence is, in the supervisor's opinion, an immediate threat to the interests of persons dealing with the agency or to the public interest and the supervisor so states in the notice, giving reasons, and thereafter sections 8, 9 and 10 apply as if the notice given under this section were a notice of a proposal to revoke the licence served under subsection 8 (1).

Provisional order of Director

   11.  Despite section 8, the Director, by notice to a licensee, and without a hearing, shall provisionally refuse renewal of or revoke the licensee's licence where the operation of the temporary help agency under the licence is, in the Director's opinion, an immediate threat to the interests of persons dealing with the agency or to the public interest and the Director so states in the notice, giving reasons, and thereafter sections 8 and 9 apply as if the notice given under this section were a notice of proposal to revoke the licence served under subsection 8 (1).  

Display of licence

   12.  A licensee shall display the licence in a conspicuous place in the premises in which the business is carried on.

Forms

   13.  The Minister of Labour Director may establish forms for the purposes of this Act and the regulations and require their use. 

Fees

   14.  The Minister of Labour may fix the fees to be paid for licences for employment agencies or any class of employment agency by temporary help agencies. 

Joint and several liability for wages

   14.1  (1)  The operator of a temporary help agency and the operator's client are, in relation to any employee of the temporary help agency for whose labour the client has agreed to pay the operator, jointly and severally liable for any wages owing to that employee under subsection 11 (1) or (5) of the Employment Standards Act, 2000.

Exception

   (2)  Except as prescribed, the client is not liable for termination pay, severance pay or amounts deemed under subsection 62 (2) of the Employment Standards Act, 2000 to be unpaid wages owing to the employee.

Employment Standards Act, 2000

   (3)  This section is enforceable against the client under the Employment Standards Act, 2000 as if the operator of the temporary help agency and the client were one employer under section 4 of that Act.

Inspection by employment standards officers

   14.2  (1)  An employment standards officer may on notice at any reasonable time enter upon the business premises of a person operating a temporary help agency or a client of a temporary help agency to make an inspection.

Powers during inspection

   (2)  An employment standards officer conducting an inspection may,

  (a)  examine a record or other thing that the officer thinks may be relevant to the inspection;

  (b)  require the production of a record or other thing that the officer thinks may be relevant to the inspection;

   (c)  remove for review and copying a record or other thing that the officer thinks may be relevant to the inspection;

  (d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

  (e)  question any person on matters the officer thinks may be relevant to the inspection.

Obstruction

   (3)  No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an employment standards officer during an inspection.

Same

   (4)  No person shall,

  (a)  refuse to answer questions on matters that an employment standards officer thinks may be relevant to an inspection; or

  (b)  provide an employment standards officer with information on matters the officer thinks may be relevant to an inspection that the person knows to be false or misleading.

Separate inquiries

   (5)  No person shall prevent or attempt to prevent an employment standards officer from making inquiries of any person separate and apart from another person under clause (2) (e).

Search with warrant

   14.3  (1)  Upon application made without notice by an employment standards officer, a justice of the peace may issue a warrant if he or she is satisfied on information under oath that there is reasonable ground for believing that,

  (a)  a person has contravened or is contravening this Act or the regulations; and

  (b)  there is,

           (i)  in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

          (ii)  information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

   (2)  Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an employment standards officer,

  (a)  to enter or access the building, dwelling, receptacle or place specified in the warrant;

  (b)  to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

   (c)  to exercise any of the powers specified in subsection (10);

  (d)  to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

   (3)  Despite subsection (2), an employment standards officer shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

  (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

  (b)  the justice of the peace authorizes the entry into the dwelling.

Conditions on search warrant

   (4)  A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

   (5)  The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the employment standards officer in respect of the execution of the warrant.

Time of execution

   (6)  An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

   (7)  A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an employment standards officer.

Use of force

   (8)  An employment standards officer may call upon police officers for assistance in executing the warrant and the employment standards officer may use whatever force is reasonably necessary to execute the warrant.

Obstruction

   (9)  No person shall obstruct an employment standards officer executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

   (10)  An employment standards officer may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

   (11)  An employment standards officer who seizes any thing under this section or section 14.4 may make a copy of it and shall return it within a reasonable time.

Admissibility

   (12)  A copy of a document or record certified by an employment standards officer as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

   14.4  An employment standards officer who is lawfully present in a place pursuant to a warrant or otherwise in the performance of his or her duties may, without a warrant, seize any thing in plain view that the employment standards officer believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

   14.5  (1)  An employment standards officer may exercise any of the powers described in subsection 14.3 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

   (2)  Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.

Use of force

   (3)  The employment standards officer may, in executing authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 14.3

   (4)  Subsections 14.3 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

Posting of notices

   14.6  An employment standards officer may require the operator of a temporary help agency to post and to keep posted in or upon the operator's premises in a conspicuous place or places where it is likely to come to the attention of any of the operator's employees who attend the premises,

  (a)  any notice relating to the administration or enforcement of this Act or the regulations that the employment standards officer considers appropriate; and

  (b)  a copy of a report or part of a report made by the employment standards officer concerning the results of an inspection or investigation.

Certificate of appointment

   14.7  An employment standards officer exercising any power under section 14.1, 14.2, 14.3, 14.4, 14.5 or 14.6 shall, on request, produce evidence of his or her appointment under the Employment Standards Act, 2000.

Compellability

Employment standards officer

   14.8  (1)  An employment standards officer is not a competent or compellable witness in a civil proceeding respecting any information given or obtained, statements made or received, or records or other things produced or received under this Act except for the purpose of carrying out his or her duties under it.

Records

   (2)  An employment standards officer shall not be compelled in a civil proceeding to produce any record or other thing he or she has made or received under this Act except for the purpose of carrying out his or her duties under this Act.

Persons from Board

   (3)  Except with the consent of the Board, none of the following persons may be compelled to give evidence in a civil proceeding or in a proceeding before the Board or another board or tribunal with respect to information obtained while exercising his or her powers or performing his or her duties under this Act:

    1.  A Board member.

    2.  The registrar of the Board.

    3.  An employee of the Board.

Reprisal

   14.9  (1)  No client of an operator of a temporary help agency or person acting on behalf of a client shall intimidate or penalize an employee of the operator or threaten to do so because the employee,

  (a)  asks the client or the operator to comply with the Employment Standards Act, 2000 and its regulations;

  (b)  makes inquiries about his or her rights under the Employment Standards Act, 2000;

   (c)  files a complaint with the Ministry under the Employment Standards Act, 2000;

  (d)  exercises or attempts to exercise a right under the Employment Standards Act, 2000;

  (e)  gives information to an employment standards officer;

    (f)  testifies or is required to testify or otherwise participates or is going to participate in a proceeding under the Employment Standards Act, 2000; or

  (g)  is or will become eligible to take a leave, intends to take a leave or takes a leave under Part XIV of the Employment Standards Act, 2000.

Termination of assignment

   (2)  Without restricting the generality of subsection (1), no client of an operator of a temporary help agency or person acting on behalf of a client shall terminate or seek the termination of the assignment of an employee of the operator to the client for any reason described in subsection (1).

Onus of proof

   (3)  In any proceeding under this Act, the onus of proof that a client did not contravene this section lies upon the client.

Enforcement

   (4)  This section is enforceable against the client under the Employment Standards Act, 2000 as if the client were an employer of the employee under that Act.

Offence

   15.  Every person who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or, if the person is a corporation, to a fine of not more than $50,000.

Offence

   15.  Every person who contravenes this Act or the regulations or fails to comply with any requirement under this Act or the regulations is guilty of an offence and on conviction is liable,

  (a)  if the person is an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than 12 months or to both;

  (b)  subject to clause (c), if the person is a corporation, to a fine of not more than $100,000; and

   (c)  if the person is a corporation that has previously been convicted of an offence under this Act,

           (i)  if the person has one previous conviction, to a fine of not more than $250,000, and

          (ii)  if the person has more than one previous conviction, to a fine of not more than $500,000.

Regulations

   16.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing the qualifications of applicants for licences;

  (b)  classifying employment agencies;

   (c)  prescribing the nature and amount of the security to be furnished by employment agencies or any class of employment agency;

  (d)  limiting and prescribing the nature of the business that shall be carried on by employment agencies or any class of employment agency;

  (e)  regulating and controlling the manner in which the business of employment agencies or any class of employment agency shall be carried on;

    (f)  prescribing the records, books and accounts that shall be kept by employment agencies or any class of employment agency;

  (g)  prescribing the fee, reward or other remuneration that may be charged by employment agencies or any class of employment agency for their services;

   (h)  requiring, providing for and prescribing the annual or other returns that shall be made to the supervisor by employment agencies or any class of employment agency; 

    (i)  providing for the inspection of employment agencies or any class of employment agency.

Regulations

   16.  The Lieutenant Governor in Council may make regulations,

  (a)  regulating and controlling the manner in which the business of temporary help agencies shall be operated;

  (b)  prescribing the records, books and accounts that shall be kept by the operator of a temporary help agency;

   (c)  regulating the fees that may be charged by the operator of a temporary help agency to an employee or prospective employee of the operator, or prohibiting the charging of such fees; 

  (d)  prohibiting or regulating the making of agreements, between operators of temporary help agencies and clients, that prohibit or impose restrictions on the hiring of an employee of the operator by a client and, without restricting the generality of the foregoing, regulating the making of agreements by limiting the amount that the client can be required to pay to the operator in the event of such a hiring;

  (e)  requiring the operator of a temporary help agency who assigns an employee to a client to give the employee, not less than the prescribed number of hours before the employee is to report to the client, a written statement setting out,

           (i)  the client's name, address and telephone number, and

          (ii)  the time at which the employee is to report to the client;

    (f)  prescribing anything that is referred to in this Act as being prescribed;

  (g)  prescribing any or all of the following for the purposes of subsection 14.1 (2):

           (i)  termination pay,

          (ii)  severance pay,

         (iii)  amounts deemed under subsection 62 (2) of the Employment Standards Act, 2000 to be unpaid wages owing to the employee.

Commencement

   17.  (1)  This section and section 18 come into force on the day this Act receives Royal Assent.

   (2)  Sections 1 to 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   18.  The short title of this Act is the Protecting Vulnerable Workers Act (Employment Agencies), 2006.

Short title

   18.  The short title of this Act is the Temporary Help Agencies Act, 2007.

 

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

 

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EXPLANATORY NOTE

The purpose of the Bill is to establish a licensing scheme for the control and regulation of businesses that operate as employment agencies as that term is defined in the Bill. An employment agency means both businesses that bring together employees seeking jobs and potential employers, and temporary help agencies that contract out persons to organizations.   

 

The purpose of the Bill is to establish a licensing scheme for the control and regulation of businesses that operate as temporary help agencies, contracting their employees out to clients and receiving payment for the employees' labour.  Clients and temporary help agencies are jointly and severally liable for wages as if they were one employer under the Employment Standards Act, 2000.  Client reprisals against employees who exercise their rights under that Act are prohibited.