(Consolidated up to 68/2004)

ALBERTA REGULATION 189/99

Fair Trading Act

EMPLOYMENT AGENCY BUSINESS LICENSING REGULATION

Table of Contents

                1       Definitions

                2       Licence

                3       Operating under different names

                4       Complying with laws

                5       Term

                6       Fee

                7       General Licensing and Security Regulation

                8       Records

                9       Fee prohibition

              10       Strikes and lockouts

              11       Offences

              12       Transitional

              13       Repeal

              14       Expiry

              15       Coming into force

Definitions

1  In this Regulation,

                                 (a)    “Act” means the Fair Trading Act;

                                 (b)    “business operator” means a person who is engaged in the employment agency business;

                                 (c)    “employment agency business” means the business designated as the employment agency business under the Designation of Trades and Businesses Regulation;

                                 (d)    “licence” means an employment agency business licence established by this Regulation;

                                 (e)    “resumé” means a written statement setting out a person’s education, experience, previous employment and other personal information and skills.

Licence

2(1)  The class of licence to be known as the employment agency business licence is established.

(2)  A person who holds an employment agency business licence is authorized to engage in the employment agency business.

Operating under different names

3   A person who engages in the employment agency business under more than one name is, for the purposes of this Regulation, considered to be operating a separate employment agency business under each name and must obtain a licence for each name.

Complying with laws

4   The Director may refuse to issue or renew a licence if the applicant is unable to satisfy the Director that the applicant is complying with the laws, including municipal bylaws, that apply to the operation of the employment agency business.

Term

5   The term of a licence expires on the last day of the 24th month after it is issued or renewed.

Fee

6   The fee for a licence or to renew a licence is $120.

General Licensing and Security Regulation

7   The General Licensing and Security Regulation applies to the employment agency business.

Records

8   In addition to the requirements respecting records under section 132(1) of the Act and under section 8 of the General Licensing and Security Regulation, every licensee and former licensee must maintain the following records for at least 3 years after they are made:

                                 (a)    the name and address of every employer

                                           (i)    for whom persons seeking employment are obtained, or

                                          (ii)    to whom persons seeking employment are directed;

                                 (b)    the name, occupation, residential address and rate of wages of every person for whom employment is obtained;

                                 (c)    the name, occupation and residential address of every person who is directed to any employer for the purpose of procuring employment;

                                 (d)    the name, occupation and residential address of every person who is provided with information regarding employers seeking employees.

Fee prohibition

9(1)  No business operator may directly or indirectly demand or collect a fee, reward or other compensation

                                 (a)    from a person who is seeking

                                           (i)    employment, or

                                          (ii)    information respecting employers seeking employees,

                                     or

                                 (b)    from a person

                                           (i)    for securing or endeavouring to secure employment for the person, or

                                          (ii)    for providing the person with information respecting any employer seeking an employee.

(2)  Nothing in subsection (1) prohibits a business operator from charging a fee for services provided in relation to the preparation of a resumé, but no business operator may require a person to purchase the business’s resumé writing service as a condition to the business operator’s acting as an employment agency in respect of that person.

(3)  A business operator who charges a fee for services referred to in subsection (2) must post a list of the fees charged in a conspicuous location in the operator’s business premises.

Strikes and lockouts

10   When a legal strike or lockout is in progress, no person operating an employment agency business may knowingly

                                 (a)    send or assist in sending any person, or

                                 (b)    cause any person to be sent,

to take employment in place of an employee who is on strike or locked out without informing the person of the existence of the strike or lockout.

Offences

11   A contravention of section 3, 8, 9 or 10 is, for the purposes of section 162 of the Act, an offence.

Transitional

12   A licence under the Employment Agency Business Licensing Regulation (AR 87/89) is continued as a licence under this Regulation.

Repeal

13   The Employment Agency Business Licensing Regulation (AR 87/89) is repealed.

Expiry

14   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 1, 2011.

AR 189/99 s14;68/2004

Coming into force

15   This Regulation comes into force on September 1, 1999.