BC ESA controls agencies

 BC ESA controls agencies

Indeed. BC's Employment Standards Act regulates agencies.

Section 1 agencies are:

Employment agencies find workers for a fee.

Foreign nationals who must acquire recruiting services under the TFWA.

Section 12 licenses employment and talent agencies.

12 (1) Licensed employment or talent agencies.

(1) Doesn't apply to one-company employment agencies.

BC's Employment Standards Act Director awards licenses that meet definition and application requirements.

Procedure\sWorkflow:

The agency submits a formal application and $100 fee to Employment Standards.

The Director may only award an employment agency license if the applicant: a. Completed a director-required written application (Click Here for Form), b. Paid the $100 application fee, and c. Information convinced the director that the applicant would manage the agency in the best interests of employers and job seekers.

When 2 (c). An agency's license might be revoked (see more below).

Records

Employment agencies supply recruiting evidence in litigation. ESR requires agencies to preserve numerous records:

Job agencies must:

Each client's name and location. Name, occupation, and address of each person forwarded to an employer or given employer information.

Document

The BC office must store English papers for 2 years.

Renewals

Section 4 of the Employment Standards Regulation empowers the Director to terminate or suspend an employment agency's license if it's illegal or not servicing employers or workers.

(a) false license application;

(b) agency violates ESA;

(c) it damages businesses and job seekers;

(d) the agency places a domestic with an employer and does not tell the employer to register the domestic with the Employment Standards Branch.

What if an agency breaks this?

The ESA may penalize a violating agency.

A man created an unlicensed staffing firm in 2021 BCEST 48. Because the company was growing, the ESA granted their application. Fined $500.

In this case, the agency appealed the decision to dismiss their penalty appeal, arguing they didn't need a license because they only served one client. The corporation rejected consumer reconsideration. One client didn't request growth. Licenses assist employers and workers (per the Employment Standards Act). ESAT said the agency's goals required a license. lmia work permit requirements in BC.

8. Applicants are legal "employment agencies" Unlicensed single-company hiring. This exemption isn't based on a company's customer count, but exclusivity. I agree with the appellant that the applicant only solicited for one customer (although, the evidence on this point is somewhat equivocal). The applicant had no exclusive customers.

This startup might have had one early customer. Delegate's notes suggest applicant wasn't running "single-client" agency. Instead, it took on as many high-tech, financial, energy, and construction customers as it could. License application omitted "single-client" agency (i.e., hiring exclusively for one employer). The organization "finds and recruits clients and applications" (my underlining).

The Appeal Decision makes sense. This application doesn't dispute the Appeal Decision. This application fails Milan Holdings test #D313/98.