LICENSING - TEMPORARY HELP AGENCIES AND RECRUITERS, O. Reg. 99/23

• Jurisdiction: Ontario

Employment Standards Act, 2000

ONTARIO REGULATION 99/23

LICENSING — TEMPORARY HELP AGENCIES AND RECRUITERS

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 368/23.

This is the English version of a bilingual regulation.

Meaning of “recruiter”

1. For the purposes of the definition of “recruiter” in subsection 1 (1) of the Act, the following persons are recruiters:

1. Any person who, for a fee, finds, or attempts to find, employment in Ontario for prospective employees, but not the following:

i. An employee who finds or attempts to find employment in Ontario for prospective employees as a duty of the employee’s position.

ii. A school board, a person operating a private school in accordance with section 16 of the Education Act, a college of applied arts and technology, a university, a person who has been given written consent under section 4 of the Post-secondary Education Choice and Excellence Act, 2000 to do the things set out in section 2 of that Act, a career college registered under the Ontario Career Colleges Act, 2005, an institution that has been designated by the Minister of Colleges and Universities as a designated learning institution for the purposes of the Immigration and Refugee Protection Regulations (Canada) or an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017 that finds or attempts to find employment in Ontario for its students or alumni.

iii. A trade union.

iv. A registered charity within the meaning of subsection 248 (1) of the Income Tax Act (Canada).

v. A person who,

A. is party to an agreement with the Crown in right of Ontario, the Crown in right of Canada or a municipality to find or attempt to find employment in Ontario for prospective employees, and

B. does not find or attempt to find employment in Ontario for prospective employees except in the circumstances described in sub-subparagraph A.

vi. A person who,

A. finds or attempts to find employment in Ontario for prospective employees who are eligible to receive services and supports under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 and who receive funding to purchase those services and supports in accordance with a program funded by the Ministry of Children, Community and Social Services, and

B. does not find or attempt to find employment in Ontario for prospective employees except in the circumstances described in sub-subparagraph A.

2. Any person who, for a fee, finds, or attempts to find, employees for prospective employers in Ontario, but not the following:

i. An employer who finds or attempts to find employees to be employed by the employer.

ii. An employee who finds or attempts to find employees for prospective employers as a duty of the employee’s position.

iii. A school board, a person operating a private school in accordance with section 16 of the Education Act, a college of applied arts and technology, a university, a person who has been given written consent under section 4 of the Post-secondary Education Choice and Excellence Act, 2000 to do the things set out in section 2 of that Act, a career college registered under the Ontario Career Colleges Act, 2005, and institution that has been designated by the Minister of Colleges and University as a designated learning institution for the purposes of the Immigration and Refugee Protection Regulations (Canada) or an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017 that finds or attempts to find employment in Ontario for its students or alumni.

iv. A trade union.

v. A registered charity within the meaning of subsection 248 (1) of the Income Tax Act (Canada).

vi. A person who,

A. is party to an agreement with the Crown in right of Ontario, the Crown in right of Canada or a municipality to find or attempt to find employees for prospective employers in Ontario, and

B. does not find or attempt to find employees for prospective employers in Ontario except in the circumstances described in sub-subparagraph A. O. Reg. 99/23, s. 1; O. Reg. 368/23, s. 1.

Information and statements

2. For the purposes of subclause 74.1.3 (1) (a) (vii) of the Act, the following information and statements are prescribed:

1. Whether the applicant has been issued an order under the Act and if so, whether the applicant complied with any such order.

2. Whether the applicant has been issued an order under the Employment Protection for Foreign Nationals Act, 2009 and if so, whether the applicant complied with any such order.

3. Whether the applicant has ever taken possession of or retained a passport or a work permit of a foreign national in contravention of subsection 9 (1) or (2) of the Employment Protection for Foreign Nationals Act, 2009.

4. Whether the applicant has been issued an order under the Occupational Health and Safety Act and if so, whether the applicant complied with any such order.

5. Whether the applicant, or any officer, director or partner of the applicant, has been refused a licence to operate as a temporary help agency or similar agency in another Canadian jurisdiction or has had such a licence revoked or suspended in another Canadian jurisdiction.

6. Whether the applicant, or any officer, director or partner of the applicant, has been refused a licence to operate as a recruiter or in a similar capacity in another Canadian jurisdiction or has had such a licence revoked or suspended in another Canadian jurisdiction.

7. A statement that the applicant has verified its tax compliance status with the Ministry of Finance using that Ministry’s tax compliance verification tools and that,

i. the applicant is not in default of filing a return...