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November-December 2013

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Join AILA's Global Migration Section to connect with peers and learn more about migration-related issues. seeking employment. Employment agencies in British Columbia will incur a $100 fee in order to fulfil this licensing requirement. Licensing Not Required Ontario Although Ontario amended its Employment Standards Act (ESA) to promote fairness and sustainable employment for temporary workers, ESA does not require recruiter licensing or explain how licensing fees, if incurred, should be allocated. Currently, there is no legislative demand for recruiter licensing, and recruiters who wish to bolster their industry reputation may voluntarily opt for membership in the Association of Canadian Search, Employment and Staffing Services (ACSESS). As members of ACSESS, recruitment agencies must abide by the association's code of ethics, which requires that recruiters derive income only from their clients (i.e., employers), but not from the employees. While recruiters will incur fees for membership in ACSESS, the association's code of ethics prevents these fees from being charged to clients. Ontario's ESA also prevents recruitment agencies from charging fees to employees for obtaining employment through the agency, performing temporary work for a client (employer) of the agency, preparing résumés, training for job interviews, or entering into a direct employment relationship with a client of the agency (unless the employee enters into such a relationship during the first six months of the employee's work with the agency's client). Additional Provinces New Brunswick, Newfoundland, and Prince Edward Island do not require that recruiters hiring foreign workers be licensed; and recruiting agencies are not legally required under these provinces' labor and employment legislation to charge their fees to employers only. While Saskatchewan's Employment Agencies Act contains sanctions against employers and employment agencies that exploit foreign workers during the immigration process, it nonetheless does not require that such agencies be licensed. However, Bill-83, The Foreign Worker Recruitment and Immigration Services Act, is being reviewed by the Saskatchewan legislature and will, if adopted, require that recruiters be licensed within the province. In light of the foregoing, recruiters and their representatives in Canada must know the legislative requirements pertaining to licensing. That certain provinces require recruiter licensing will likely lead to similar requirements in other provinces and territories in the foreseeable future. Saskatchewan appears to be next in line. Since future changes to applicable legislation are possible, we strongly recommend that laws (and developments to same) be monitored regularly. Alan Diner is a partner with Baker & McKenzie's Global Immigration & Mobility Group (GIM) in Toronto. Becki L. Young co-manages the GIM Group in Baker & McKenzie's Washington, D.C. office. The authors would like to thank Denisa Mertiri, a J.D. candidate at Osgoode Hall Law School and summer associate, for her contribution to this article. A longer version of this article appears on Baker & McKenzie's immigration blog. The authors' views do not necessarily represent the views of AILA nor do they constitute legal advice or representation. N OVEMBER/ D ECEMBER 2013 49

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