Recent Notices to Members

ACSESS Ontario - Submissions in response to Temporary Agencies Regulatory Proposal

Consultations on Temporary Agencies Regulatory Proposal

Dear Ontario members,
 
ACSESS is working closely with the Ontario government as part of ongoing consultations on the proposed Temporary Agencies Regulation. ACSESS has historically supported the adoption of meaningful and effective licensing provisions, the implementation of stricter enforcement mechanisms under the Act and other positive changes including the establishment of a registry or new licensing provisions in the province.
 
ACSESS supports the maintenance of a strong regulatory and enforcement environment in Ontario while, at the same time, taking the steps necessary to ensure that the rules governing the temporary help industry are consistent and competitive with other jurisdictions in Canada and across North America.  Please click here to view ACSESS written submissions in response to Ministry proposals.
 
We view these consultations as positive and also as an opportunity to further advance our position on other key legislative concerns and challenges faced by industry.
 
Bill or Act: Employment Standards Act, 2000
 
Summary of Proposal:
Temporary assignment employees generally have the same rights under the Employment Standards Act, 2000 (ESA) as other employees, and there are also additional rules that apply where there is a temporary help agency relationship. These rules apply to assignment employees, the agencies, and clients of temporary help agencies.

The government takes the enforcement of employment standards very seriously. Ministry enforcement efforts have found a range of employment standards violations, including those related to pay periods, wage statements and record keeping. However, in spite of the ministry's ongoing efforts, some temporary help agencies persistently do not follow the rules.

Operating underground without regard to basic legal requirements creates an unfair competitive advantage for underground agencies. It puts law-abiding agencies and employers at a disadvantage.

There have been calls for greater efforts aimed at underground temporary help agencies. To ensure that the government is better able to locate these non-compliant agencies and enforce the ESA, the ministry is considering creating a registry for temporary help agencies and penalties under the ESA if they fail to register.

  • The objectives of creating a registry would include the following:
  • encouraging compliance with the ESA by impeding the ability of temporary help agencies to operate underground;
  • helping to address broader issues related to the vulnerability of some assignment employees such as poor working conditions and labour trafficking;
  • helping the clients of temporary help agencies avoid working with underground agencies; and,
  • establishing a level playing field and eliminating competition from non-compliant agencies and their clients.

ACSESS submissions


Mary McIninch, B.A, LL.B (Membre du Barreau du Quebec) | mmcininch@bbandc.com
Executive Director, Government Relations/Directrice Générale
Association of Canadian Search, Employment and Staffing Services
Association Nationale des Entreprises en Recrutement et Placement de Personnel

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