Devstaff is Licensed: Navigating Ontario’s New Regulations for Recruiters
Stay Compliant and Avoid Penalties with Our Comprehensive Guide
What is Happening with Ontario's Recruiter Regulations?
The Employment Standards Act (ESA) has recently updated its requirements in a new regulation (O. Reg. 99/23) for all temporary help agencies (THAs) and recruiters, including us at DevStaff Canada.
Starting July 1, 2024, the revised Employment Standards Act, 2000 (ESA) now requires all THAs and recruiters to register with the Ministry of Labour, Immigration, Training and Skills Development.
DevStaff Canada is proud to announce that we are fully compliant with these new regulations.
To help you stay compliant and avoid penalties, here’s a breakdown of what’s changing and what you need to do.
Overview of the Changes to the ESA
Every agency must hold a valid license to operate legally in Ontario. The amendments also state that clients are strictly prohibited from knowingly engaging with unlicensed agencies, with severe penalties of up to $50,000 and even prosecution.
Here at DevStaff Canada, we’ve already submitted all paperwork and are fully compliant with the new regulations. You can trust that when you partner with us, you’re choosing a company that prioritizes following the rules and protecting your interests.
If the recruitment agency you’re working with hasn’t applied for their license yet, they are now operating illegally.
And for clients who continue to work with unlicensed agencies, there are serious risks involved.
If employment standards officers issue a notice that a client has contravened a provision of the ESA, like knowingly using an improperly licensed recruiter, they will be fined $15,000 for the first contravention, $25,000 for the second, and $50,000 for the third.
Additionally, any person who’s convicted of committing an offense under the ESA can be imprisoned for up to 12 months or given a monetary fine, or both.
Not only this, but the court can order the convicted person to take whatever action is necessary to remedy the violation, including paying wages or compensating employees.
How to Ensure You’re Working with a Reputable & Licensed Agency
Q: How do you know if all your recruiters/THAs are fully licensed under the new ESA requirements?
A: You can check this website. The ministry maintains a public list of all THAs/recruiters who are licensed and can operate legally in Ontario.
Q: What if a recruiter/THA you work with isn’t licensed?
A: Immediately stop working with any unlicensed recruiters/THAs. Notify them of the new regulations and seek alternative agencies that are fully licensed and compliant with the ESA.
Q: How can DevStaff Canada help ensure my compliance with the new ESA regulations?
A: DevStaff Canada is fully compliant with the new ESA regulations. By partnering with us, you eliminate the risks associated with unlicensed agencies and ensure that your recruitment processes adhere to the latest legal standards.
Q: Are there any resources available to help understand the new ESA licensing requirements?
A: Yes, there’s an online version of the regulation (O. Reg. 99/23) and a guide to the regulation (Licensing – Temporary help agencies and recruiters).
By partnering with DevStaff Canada, you’re not just getting recruitment services—you’re gaining peace of mind. We’re committed to keeping everything above board and ensuring a smooth, legal process for all your staffing needs.