On Canada Day 2024, Ontario’s Ministry of Labour, Immigration, Training and Skills Development will implement broad changes to the Employment Standards Act, 2000(ESA)
Requirements for Search Firms and Staffing/Temporary Help Agencies
A key change is from July 1, 2024 onward, every recruiting firm and staffing/temporary help agency in Ontario must have a non-transferable licence and renew it annually. Agencies, firms and recruiters that don’t comply with these licensing requirements will be subject to fines or prosecution.
Requirements for Employers who use Search Firms and Staffing/Temporary Help Agencies
Similarly, beginning July 1, 2024, if you’re a company, employer or prospective employer operating in Ontario, you must only engage or use the services of licensed recruiters, temporary help agencies or staffing firms.
If you knowingly engage/use an unlicensed temporary help agency, staffing firm or recruiter, fines of up to $50,000 (the highest in Canada) will be imposed.
Validating an Agency, Firm or Recruiter’s Licensing Status
To mitigate your risks, validate a recruiter’s or staffing/temporary help agency’s licensing status before engaging their services.
To validate their status, select the “Check licensing status” button at the top of the Licensing page to access this licensing and application status database of agencies, firms and recruiters in Ontario.
Please note that this law was only finalized in mid May, so there may be delays by the Provincial Government in the processing of recruiters’ and staffing firms’ license applications. Under a transitional rule, you can legally engage or use a recruiter, temporary help agency or staffing firm with an ‘under review’ application status, as well as those with a licence.
Benefits of Using Licensed Staffing Sector Businesses, like ACSESS Members
When you use one of 400 ACSESS member firms across Canada, you can also expect adherence to ethical standards, professionalism, quality, progressive research, insights, broad expertise, enhanced workplace safety and other benefits. Learn more at: Why Canadian Companies/Employers Need Only Work with ACSESS Member Firms.
About the author: Mary McIninch is the Executive Director and Director, Government Relations, with the Association of Canadian Search, Employment or Staffing Services (ACSESS). She is a practicing lawyer and member of the Bar of Quebec. She can be reached at mmcinich@acsess.org.
