In December 2021, Ontario passed Bill 27, Working for Workers Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to, among other things, establish a licensing regime for temporary help agencies (THAs) and recruiters. The amendments:

• added licensing requirements for THAs and recruiters;
• prohibited persons from operating an unlicensed THA or recruiter, and from engaging or using the services of an unlicensed THA or recruiter; and
• expanded the list of acts for which reprisals are prohibited to include inquiries about whether a person holds a license to operate as a THA or to act as a recruiter.

These amendments to the ESA did not come into force immediately because the licensing framework first had to be prescribed by Regulation.

On June 10, 2023, new Regulations were passed to establish the licensing framework [namely, Reg. 99/23 (Licensing – Temporary Help Agencies and Recruiters), Reg. 101/23 (Termination and Severance of Employment), and Reg. 100/23 (Penalties and Reciprocal Enforcement)]. These Regulations came into force on July 1, 2023.

Commencing January 1, 2024:

• a THA or recruiter operating in Ontario must have a license to operate, or they must have applied for such a license; and
• no person may engage or use the services of an unlicensed THA or recruiter.

Failure to comply with these requirements will be a violation of the ESA.

Licensing of Temporary Help Agencies and Recruiters

With respect to licensing, Reg. 99/23:

• defines a recruiter as (1) “...

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