Licenses For Temporary Help Agencies And Recruiters In Ontario

examination papers

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We are so pleased that this legislation has been formally passed in Ontario.  For years, this is something that ABL Employment and other members of People 2.0/The Staffing Edge organization have been advocating for. We believe it’s good for employees, good for businesses, and good for the reputation of our industry.

November 10th, 2023 Update:

Ontario Labour Minister David Piccini has announced that the new licensing rules would be delayed until July 1, 2024.  He also announced consideration of additional changes to the framework that would review the Letter of Credit and potential change in fees. Read more on the official website here.

Changes within the Minister of Labour and issues with the application portal are key reasons behind the delay.  

* * * * *

We continue to monitor Ontario’s new law regarding the Licensing for Temporary Help Agencies:

 

July 5, 2023, the Ontario government sent out a press release announcing the Licensing Program as well as tough penalties for those who do not comply.

What does this mean for you?

Although the application process has been opened as of early July 2023, People 2.0 and ABL are still working through the legal details to ensure that we understand the impact to you and ourselves.

MOL- Ontario Licensing for THA’s and Recruiters

Although the application process is open, the due date for process completion is January 2024.  ABL will be attending Question and Answer sessions run by People 2.0 later in September to assist ABL through the process, when more info and guidelines have been
provided by the government.  We look forward to these sessions, and will complete
ABLs applications in the fall to be well ahead of the deadlines.

What do we know?

Beginning January 1, 2024, THA’s (temporary help agencies) and Recruiters will be required to hold a license to operate in Ontario.

As long as applications are made before January 1, 2024, there is a transitional rule:

End clients are prohibited from knowingly engaging the services of a THA or Recruiter without a License.

The ministry will maintain a website that will include:

o   Name of license holders and the status of the license

o   Applicants seeking a license

o   Other information that MOL sees fit under ESA regulations

To apply there is both an application fee of $750 as well as $25,000 letter of credit to be provided.

The penalties for noncompliance
have been announced and these apply to THA’s, recruiters, as well as end clients:

o   $15,000 for the first contravention

o   $25,000 for the second contravention in a three year period

o   $50,000 for a third contravention in a three year period

 

More information will follow in the coming weeks, as it becomes available.

Please feel free to refer to the below link for additional information.

https://news.ontario.ca/en/release/1000987/ontario-taking-steps-to-protect-vulnerable-workers

(The above memo is a July 2023 update to the one first published on October 18th, 2021 by the team of People 2.0, of which ABL Employment is a proud member.)

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