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Hiring and Recruiting – Know The Laws Of Your Province

Hiring and recruiting are essential processes that help organizations attract, evaluate, and select the right candidates for available positions. Effective hiring practices ensure that businesses build a skilled and diverse workforce while complying with labor laws and industry standards. The recruitment process typically includes job postings, candidate screening, interviews, and background checks to assess qualifications and suitability for a role. Employers are responsible for ensuring fair hiring practices, promoting equal opportunities, and preventing discrimination throughout the process. In Canada, hiring and recruiting regulations vary by province and territory, reflecting local labor laws and workplace standards. Adhering to these regulations helps businesses create a transparent, ethical, and efficient hiring process that supports long-term success.

FEDERAL

In Canada, hiring and recruiting in the public sector are governed under the Public Service Employment Act, Sections 29 to 36 and 50. These regulations ensure a fair, transparent, and merit-based hiring process for public service positions. The Act outlines the principles of non-partisan recruitment, competitive selection, and appointments based on qualifications and suitability. It also establishes safeguards against favoritism and discrimination while promoting diversity and inclusion in public sector hiring.

Part 2 Appointments

Commission’s Exclusive Authority - Authority to Appoint

(1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament.

Request of Deputy Head

(2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made.

Commission Policies

(3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action. Section 29(1) to (3).

Basis of Appointment

Appointment on Basis of Merit

(1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence.

Meaning of Merit

(2) An appointment is made on the basis of merit when:

(a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and

(b) the Commission has regard to:

(i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future,

(ii) any current or future operational requirements of the organization that may be identified by the deputy head, and

(iii) any current or future needs of the organization that may be identified by the deputy head.

Needs of Public Service

(3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the Employer, that the deputy head determines to be relevant to the organization.

Interpretation

(4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit. Section 30(1) to (4).

Qualification Standards

(1) The Employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that the Employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service.

Qualifications

(2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the Employer under subsection (1).

Identification of Biases and Barriers

(3) When establishing or reviewing qualification standards, the Employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the Employer shall make reasonable efforts to remove it or to mitigate its impact on those persons. Section 31(1) to (3).

Professional Development Programs

In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the Employer. Section 32.

Appointment Processes

In making an appointment, the Commission may use an advertised or non-advertised appointment process. Section 33.

Area of Selection

(1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act.

Designated Groups

(2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons. Section 34(1)(2).

For more information:

  • Separate Agencies, Designated Organizations, Designation, Revocation, Member of Canadian Forces, Former Member of Canadian Forces, Ministers’ Staffs, Parliamentary Employees, Assessment Methods. Sections 34(1) to 35.2.
  • Casual Employment Section 50(1) to (5).

Further details on the Public Service Employment Act can be found at Laws-lois.justice.gc.ca.

ALBERTA

In Alberta, hiring and recruiting in the public sector are governed under the Public Service Act, Sections 15 to 25. These regulations ensure a fair, transparent, and merit-based hiring process for public service positions. The Act establishes rules for recruitment, selection, and appointment, emphasizing qualifications, experience, and suitability for roles while preventing favoritism and discrimination. It also promotes diversity and equal opportunity in hiring practices.

Recruitment, Selection, and Appointment

Policy Governing Appointments

Each appointment to, and promotion within, the public service shall be predicated on the selection of the most suitable applicant but wherever possible preference shall be given to in-service applicants in order to establish a career service and to provide incentive and reward for good work performance and self-development. Section 15.

Filling of Positions

(1) The Commissioner shall designate the positions or classes of positions in a classification plan as those to be filled by:

(a) in-service promotion where:

(i) due to the necessity for prior experience in the public service or due to the existence of a formal in-service training plan, it is unlikely that better applicants can be found outside the service, and

(ii) the eligible employees are sufficiently well-known that competition procedure is unnecessary,

(b) departmental competitions where the type of work is such that a large number of well-qualified applicants exists within the department,

(c) limited competition where a large number of well-qualified applicants exists within the service, or

(d) open competitions where sufficient in-service applicants would not normally be forthcoming to ensure a good selection.

(2) Notwithstanding subsection (1), a department head may request that any position designated to be filled by in-service promotion or departmental competition be filled by limited or open competition.

(3) The Commissioner may exempt an appointment from competition if the Commissioner is satisfied that:

(a) the person to be appointed has specialized knowledge or qualifications that are unlikely to be bettered through competition,

(b) the urgency of the requirement is such as to render the competition procedure impracticable, or

(c) the exemption is necessary for the effective utilization of employees. Section 16(1) to (3).

Competitions

(1) Departmental competitions shall be conducted by the department head.

(2) Limited and open competitions shall be conducted by the Commissioner.

(3) Competitions conducted by a department head must be conducted in accordance with the rules and procedures prescribed by the Commissioner. Section 17(1) to (3).

Appointments

(1) All appointments to positions in a classification plan shall be made by the department head.

(2) When a position:

(a) is to be filled by in-service promotion or by limited or open competition, or

(b) is exempt from competition under section 16(3)(a) or (b), an appointment to the position is subject to certification that the person to be appointed is qualified for the position.

(3) The certification shall be made in accordance with the directions of the Commissioner and by the persons authorized to do so by those directions.

(4) Appointments made to positions excluded from a classification plan pursuant to section 11 shall be made by order of the Lieutenant Governor in Council on the recommendation of the department head. Section 18(1) to (4).

Probationary Appointments

(1) On commencing employment in the public service, each employee is on probationary appointment during the period the regulations specify.

(2) An employee may be granted permanent appointment on satisfactory completion of a probationary period.

(3) An employee who is hired specifically for a temporary position may be granted a temporary appointment. Section 19(1) to (3).

Conditions of Service

Oath of Office

(1) Every new employee shall take and subscribe an oath in the following form:

I do swear that I will execute according to law and to the best of my ability the duties required of me as an employee in the public service of Alberta and that I will not, without due authorization, disclose or make known any matter or thing which comes to my knowledge by reason of my employment in the public service.

(2) Any employee who without due authorization discloses or makes known any matter or thing that comes to the employee’s knowledge by reason of the employee’s employment in the public service of Alberta is guilty of an offence and liable to a fine of not more than $500. Section 20(1)(2).

Subject to any collective agreement between the Crown in right of Alberta and a bargaining agent under the Public Service Employee Relations Act, the Minister may make regulations governing:

(a) the attendance and hours of work of employees;

(b) the granting of holidays;

(c) overtime;

(d) annual vacation, sick leave, educational leave and any other form of leave of absence;

(e) the application of salary ranges;

(f) the settlement of employee grievances;

(g) the transfer, promotion or demotion of employees;

(h) the conduct, discipline, dismissal or suspension of employees;

(i) any other matter falling within the scope and purpose of this Act. Section 21.

For more information:

  • Abolishment of position. Section 22.
  • Code of conduct and ethics. Section 23(1) to (3).
  • Certain dealings by employees prohibited. Section 24(1) to (5).
  • Disciplinary action. Section 25(1) to (3).

Further details on the Public Service Act can be found at Alberta.ca.

BRITISH COLUMBIA

In British Columbia, hiring and recruiting are governed under the Employment Standards Act, Part 2: Hiring Employees (Sections 8 to 15), and the Public Service Act (Sections 5 to 5.1, 8 and 9). These regulations establish fair hiring practices by ensuring transparency, non-discrimination, and compliance with employment standards. The Employment Standards Act sets out requirements for employment contracts, wage deductions, and hiring conditions, while the Public Service Act outlines merit-based recruitment principles, qualifications for public service appointments, and standards for fair hiring.

Part 2 — Hiring Employees

No False Representations

An Employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following:

(a) the availability of a position;

(b) the type of work;

(c) the wages;

(d) the conditions of employment. Section 8.

Hiring Children — Under 16 Years of Age

(1) In this section, "light work" means prescribed work or a prescribed occupation that the Lieutenant Governor in Council considers is unlikely to be harmful to the health or development of a child who is 14 or 15 years of age.

(2) A person must not employ a child:

(a) who is under 14 years of age without the director's permission, or

(b) who is 14 or 15 years of age:

(i) to perform light work without the written consent of the child's parent or guardian, or

(ii) to perform any other work without the director's permission.

(3) In permitting the employment of a child under subsection (2) (a) or (b) (ii), the director may set conditions of employment for the child.

(4) An Employer must comply with the conditions of employment set by the director under subsection (3). Section 9(1) to (4).

Hiring Children — Hazardous Industry or Hazardous Work

(1) In this section:

"hazardous industry" means a prescribed industry that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age;

"hazardous work" means prescribed work that the Lieutenant Governor in Council considers is likely to be harmful to the health, safety or morals of a person under 16 years of age.

(2)A person must not employ a child:

(a) who is under 16 years of age in a hazardous industry or in hazardous work, or

(b) who is at least 16 years of age but under 19 years of age in a hazardous industry or in hazardous work unless the child has attained the prescribed age in respect of the hazardous industry or hazardous work. Section 9.1(1)(2).

No Charge for Hiring or Providing Information

(1) A person must not request, charge or receive, directly or indirectly, from a person seeking employment a payment for:

(a) employing or obtaining employment for the person seeking employment, or

(b) providing information about Employers seeking employees.

(2) A person does not contravene this section by requesting, charging or receiving payment for any form of advertisement from the person who placed the advertisement.

(3) A payment received by a person in contravention of this section is deemed to be wages owing and this Act applies to the recovery of the payment. Section 10(1) to (3).

No Fees to Other Persons

(1) An employment agency must not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else.

(2) A farm labour contractor must not make a payment, directly or indirectly, to a person for whom the farm labour contractor's employee’s work.

(3) A person does not contravene this section by paying for any form of advertisement placed by that person. Section 11(1) to (3).

Employment and Talent Agencies Must be Licensed

(1) A person must not operate an employment agency or a talent agency unless the person is licensed under this Act.

(2) Subsection (1) does not apply to a person operating an employment agency for the sole purpose of hiring employees exclusively for one Employer. Section 12(1)(2).

Farm Labour Contractors Must be Licensed

(1) A person must not act as a farm labour contractor unless the person is licensed under this Act.

(2) A producer must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act.

(3) If a producer engages the services of an unlicensed farm labour contractor, the producer is deemed for the purposes of this Act to be the Employer of each employee of the unlicensed farm labour contractor who performs work on behalf of the producer. Section 13(1) to (3).

For more information:

  • Written employment contract required for domestic workers. Section 14(1) to (3).
  • Register of employees working in residences. Section 15.
  • Part 2 — Agency Head and Merit Commissioner. Section 5(1) to (4).
  • Appointment of merit commissioner. Section 5.01(1) to (5).
  • Merit commissioner — merit principle. Section 5.1.
  • Appointments on merit. Section 8(1) to (4).
  • Section 9(1) to (3).

Further details on the Employment Standards Act, and the Public Service Act can be found at BClaws.gov.bc.ca and BC.ca.

MANITOBA

In Manitoba, hiring and recruiting are governed under the Public Service Act, Sections 12 to 23 and the Worker Recruitment and Protection Act, Sections 11 to 13.1. These regulations establish fair and transparent hiring practices, ensuring that recruitment in the public sector is merit-based and free from favoritism or discrimination. The Public Service Act outlines the principles for hiring, promotion, and employment standards within the public sector, while the Worker Recruitment and Protection Act regulates the recruitment of workers, including protections against unfair hiring practices and exploitation.

Employment Terms and Conditions set by Regulation

(1) The Lieutenant Governor in Council may make regulations governing the terms and conditions of employment, including terms and conditions for:

(a) attendance and hours of work;

(b) additional remuneration, compensation, leave or other benefit for work done beyond the prescribed hours of work;

(c) leaves of absence, including annual vacation or sick leave, and employee benefits;

(d) the probationary period for appointments and other conditions of appointment;

(e) transfer, promotion or demotion and the process for resignation;

(f) employee conduct, discipline, suspension or dismissal or lay-off.

Employment Terms and Conditions for Represented Employees

(2) Despite subsection (1), the terms and conditions of employment for represented employees may be established by a collective agreement. If a term or condition of the collective agreement is inconsistent with a term or condition established by regulation, then the term or condition in the collective agreement applies to the represented employees. Section 12(1)(2).

Recruiting, Selecting, and Appointing Employees

Recruitment, selection and appointment of core public service employees must be undertaken in accordance with this Act and the policies under it. Section 13.

Competitive Process

(1) The policies for recruitment and selection must provide for a competitive process designed to establish the merit of candidates.

Merit re: Factors to Consider

(2) The factors to be considered in determining merit include education, skills, knowledge, experience and competencies. Section 14(1)(2).

Limits on Recruitment and Selection

(1) Recruitment and selection of core public service employees for specified positions may be limited to the following categories:

(a) current employees;

(b) candidates who meet diversity and inclusion criteria.

Direct Appointment

(2) The commissioner may designate certain positions for which selection may be made by direct appointment because:

(a) the individual to be appointed has specialized skills, knowledge or experience unlikely to be bettered through a competitive process;

(b) the urgency of the staffing requirement renders the competitive process impracticable; or

(c) the direct appointment is necessary for the effective deployment of workforce resources.

Only One Candidate

(3) An appointment may be made on merit even if only one candidate is considered for the appointment. Section 15(1) to (3).

Oath or Affirmation

Upon their initial appointment, a core public service employee must take an oath or affirmation of allegiance in the prescribed form. Section 16.

Status as Core Public Service Employee

A person's status as a core public service employee is established only by appointment in writing pursuant to this Part. Section 17.

Compliance Required

A core public service employee must comply with this Act, the code of conduct and the workforce management policies. Section 18.

Disciplinary Actions

A core public service employee may be disciplined for a breach of this Act, the code of conduct or a workforce management policy. Section 19.

Suspension for Cause

The commissioner or a deputy minister may suspend a core public service employee from the performance of the employee's duties without pay for just cause. Section 20.

Dismissal for Cause

(1) The commissioner or a deputy minister may dismiss a core public service employee for just cause.

Dismissal Without Cause

(2) The commissioner or a deputy minister may dismiss a core public service employee without cause by giving the employee notice or compensation as provided for in section 61 of The Employment Standards Code.

Commissioner to be Advised

(3) Before acting under this section, the deputy minister must advise the commissioner when a core public service employee is to be dismissed. Section 21(1) to (3).

For more information:

  • Registering Employers of Foreign Workers
  • Recruitment registration application, applicant to provide information, registration, term of registration, refusal to register, notice of refusal, cancellation or suspension of registration, notice of cancellation or suspension, when cancellation or suspension becomes effective, director may grant authorization. Sections 11 to 13.1.

Further details on the Public Service Act and the Worker Recruitment and Protection Act can be found at Gov.MB.ca and web2.gov.MB.ca.

NEW BRUNSWICK

In New Brunswick, hiring and recruiting are governed under the Employment Agencies Act (Sections 1 to 4) and the Employment Standards Act (Sections 38.9 to 41). These regulations ensure fair and ethical hiring practices, protecting job seekers and workers from exploitation.

An Act Respecting Employment Agencies – Section 1

No Compensation for Procuring Employment

No person, firm, corporation or association shall collect or receive directly or indirectly from or on behalf of any person seeking employment or for whom employment has been secured any fee or compensation for persuading, enticing, inducing or procuring or being instrumental in the persuasion, enticing, inducing or procuring or sending or causing to be sent from or to any place within the Province, to or from any place outside the Province, or between any two places within the Province, any person seeking employment, or for giving or furnishing information regarding Employers seeking employees or employees seeking employment. Section 2. 

Foreign Workers

Registry of Employers of Foreign Workers

(1) The following definitions apply in this section and in section 38.91.

“foreign worker” means a person who is not a Canadian citizen or permanent resident of Canada, and who is working in or seeking employment in the Province.

“immigration consultant” means a person who, for a fee or compensation, provides immigration services.

“immigration services” means services to assist a foreign worker to immigrate to the Province, including,

(a) researching and advising on immigration opportunities, laws or processes,

(b) preparing, filing and presenting applications and documents related to immigration,

(c) assisting in the preparation, filing and presentation of applications and documents related to immigration,

(d) representing a foreign worker before immigration authorities, and

(e) providing or procuring settlement services.

(2)An Employer who recruits or engages the services of another person to recruit foreign workers for employment with the Employer shall register with the Director in accordance with this section.

(3)Subsection (2) does not apply to the Crown in right of the Province, any Crown corporation or Crown agency.

(4)An Employer shall register by providing to the Director the following information:

(a) with respect to the Employer,

(i) the legal name,

(ii) the principal business activity according to the North American Industry Classification System (NAICS) maintained for Canada by Statistics Canada as amended from time to time,

(iii) the place in which the Employer is registered, whether in the Province or outside the Province,

(iv) the address, mailing address, phone number, email address and website,

(v) the name of a primary contact person,

(vi) the name of an alternate contact person, and

(vii) the preferred official language of correspondence;

(b) with respect to the position for which a foreign worker is employed or is to be employed,

(i) the type of occupation, according to the National Occupational Classification (NOC) published by Statistics Canada as revised from time to time,

(ii) the location, identified by local government or rural district,

(iii) whether an employee in the position is subject to a collective agreement,

(iv) the educational requirements,

(v) the language requirements,

(vi) the wage rate,

(vii) the vacation leave and sick leave provided,

(viii) any benefits not referred to in subparagraph (vi) or (vii),

(ix) the hours of work per day and per week,

(x) the duration of the contract or the period of employment;

(c) with respect to the employment of foreign workers,

(i) the program under which foreign workers are employed or are to be employed,

(ii) whether the Employer engages the services of another person to recruit foreign workers,

(iii) whether the Employer provides training to foreign workers,

(iv) the number of foreign workers employed or to be employed,

(v) if known, the country of origin of the foreign workers employed or to be employed,

(vi) whether the foreign workers employed or to be employed are already in Canada or in the Province,

(vii) whether the Employer pays a foreign worker’s costs of transportation:

(A) from their country of origin or elsewhere in Canada to the Province, and

(B) to their country of origin or elsewhere in Canada from the Province,

(viii) whether the Employer has employed foreign workers in previous years and, if yes,

(A) the number of years the Employer has employed foreign workers, and

(B) the number of foreign workers employed in previous years, if the number of foreign workers employed or to be employed is different from the number employed in previous years,

(ix) whether the Employer has attempted to employ Canadian citizens or permanent residents of Canada for the positions filled by foreign workers,

(x) whether the Employer has employed any foreign worker who has previously been employed by the Employer and, if yes, the total length of the foreign worker’s employment with the Employer,

(xi) whether the Employer provides accommodations to foreign workers employed or to be employed, and, if yes,

(A) the amount the Employer charges the foreign workers for board and lodging,

(B) whether the accommodations are shared or private, and

(C) whether the accommodations are located at the worksite or off the worksite. Section 38.9(1) to (4).

For more information:

  • Prohibitions on Employers of foreign workers. Sections 38.91(1) to 38.91(8).
  • Restrictions on employment of persons under 16 years of age. Section 39(a) to (e).
  • Restrictions on employment of persons under 14 years of age. Section 40.
  • Issuance of permit. Section 41(1) to 41(3).

Further details on the Employment Agencies Act and the Employment Standards Act can be found at Canlii.org and Laws.Gnb.ca.

NEWFOUNDLAND & LABRADOR

In Newfoundland and Labrador, hiring and recruiting are governed under the Labour Standards Act (Section 2.1) and the Public Service Commission Act (Sections 11 to 15). These regulations ensure fair and transparent hiring practices while protecting workers' rights.

Employment Statement

(1) An Employer shall provide every employee with a statement in writing of the terms and conditions of employment.

(2)  An Employer shall retain a copy of the statement referred to in subsection (1) and the employee shall be permitted to have access to it. Section 2.1(1)(2).

Appointments and Promotions

Appointments or promotions to positions within the public service, except those positions referred to in section 4, shall not be made except on the recommendation of the commission. Section 11.

Appointments to positions within the public service shall be made from within the public service except where, in the opinion of the commission, it is not in the public interest to comply with this requirement. Section 12.

Merit Principles

(1) Recommendations for appointments to and promotions within the public service shall be based on merit principles and made by the commission through competitive written examination or by other processes of personnel selection designated to establish the merit of candidates that the commission considers are in the best interests of the public service.

(2)  Subject to the regulations, the commission may, in writing, and subject to those regulations that the Lieutenant-Governor in Council may make, delegate to a chief executive officer the authority to exercise and perform the powers or functions of the commission in relation to appointments and promotions to specific positions or categories of positions within that part of the public service of which he or she is the chief executive officer.

(3)  Delegations shall be subject to review annually by the commission in accordance with rules of procedures adopted by the commission. Section 13(1) to (3).

Duties of Commission

(1) The commission shall:

(a) prescribe the standards and procedures to be followed in the recruitment and selection of candidates for appointment to and promotion within the public service;

(b) review personnel transactions and investigate and report to the minister upon this Act and upon the violation of the regulations and upon other matters relative to the public service, its officers and other employees;

(c) supervise effective personnel transfer and promotion procedures;

(d) provide personnel planning advisory services;

(e) advertise and effectively distribute information regarding vacant positions in the public service other than with respect to appointments referred to in section 4;

(f) prepare, maintain and distribute to employees of the public service appropriate staff procedure manuals;

(g) provide staff evaluation advisory services;

(h) provide, in consultation with chief executive officers and the Treasury Board, appropriate staff training and executive development programs;

(i) assume the additional duties and supply the additional services that may be prescribed by the Lieutenant-Governor in Council; and

(j) do other acts and things that may be necessary for the proper administration of this Act and the regulations.

(2) Where a report referred to in paragraph (1)(b) relates to a personnel transaction involving the House of Assembly establishment or a statutory office of the House of Assembly, the report shall be made to the Speaker of the House of Assembly. Section 15(1)(2).

For more information:

  • Boards of examiners. Section 14(1) to (6).

Further details on the Labour Standards Act and the Public Service Commission Act can be found at Canlii.org and Canlii.org.

NOVA SCOTIA

In Nova Scotia, hiring and recruiting are governed under the Employment Agencies Act (Sections 1 to 4). These regulations ensure that employment agencies operate transparently and ethically, protecting job seekers from exploitation and unfair recruitment practices. The Act establishes licensing requirements for employment agencies, regulates their operations, and sets standards to prevent misleading job offers and unethical hiring practices.

An Act Respecting Employment Agencies

Short Title

This Act may be cited as the Employment Agencies Act. Section 1. 

No Compensation for Procuring Employment

No person, firm, corporation or association shall collect or receive directly or indirectly from or on behalf of any person seeking employment or for whom employment has been secured any fee or compensation for persuading, enticing, inducing or procuring or being instrumental in the persuasion, enticing, inducing or procuring or sending or causing to be sent from or to any place within the Province, to or from any place outside the Province, or between any two places within the Province, any person seeking employment, or for giving or furnishing information regarding Employers seeking employees or employees seeking employment. Section 2. 

Penalty

Every person, firm, corporation or association contravening Section 2 shall be liable upon summary conviction to a penalty of not less than ten dollars and not more than twenty-five dollars. Section 3. 

The Governor in Council may from time to time, by a proclamation, declare that Section 2 shall not apply to any person or class of persons named in the proclamation, and the provisions of said Section shall thereupon, so long as the proclamation remains unrevoked, cease to apply to the person or classes of persons so named. Section 4.

Further details on the Employment Agencies Act can be found at Canlii.org.

NORTHWEST TERRITORIES

In Northwest Territories, hiring and recruiting are governed under the Public Service Act (Sections 16, 16.1, 23 to 27) and the Employment Agencies Act (Sections 1 to 4). The Public Service Act establishes fair and merit-based hiring practices for public service positions, ensuring transparency, non-discrimination, and equal opportunity in recruitment and promotions. The Employment Agencies Act regulates the operation of employment agencies, setting licensing requirements and preventing unethical hiring practices such as misleading job offers or unfair fees.

Appointments

Ministerial Power to Appoint

Subject to subsections 16.1(1) and 17(2) and (3), the Minister has the exclusive right and authority to appoint persons to positions in the public service. Section 16.

Power to Appoint Deputy Ministers

(1) The Commissioner in Executive Council, on the recommendation of the Premier, has the exclusive right and authority to appoint persons to the position of Deputy Minister in the public service.

Non-Application: Sections 16, 17, 20

(2) Sections 17, 18 and 20 do not apply to a person appointed under subsection (1).

Exclusion from Definition "Employee"

(3) In sections 21, 29 and 29.1, "employee" does not include a Deputy Minister. Section 16.1.(1) to (3).

Terms and Conditions of Employment

Tenure of Office

Subject to this Act and the regulations, and unless some other period of employment is specified, the tenure of the office of an employee is for an indeterminate period. Section 23.

Duration of Appointments

An employee who is appointed to a position in the public service for a specified period ceases to be employed at the expiration of that period. Section 24.

Resignation

(1) An employee may resign his or her position in the public service by giving to the Minister two weeks’ notice in writing of his or her intention to resign the position.

Acceptance and Withdrawal

(2) A resignation is completed when it is accepted in writing by the Minister, but it may, by an appropriate notice in writing to the Minister and with the approval of the Minister, be withdrawn at any time before its effective date if no person has been appointed or selected for appointment to the position to be vacated by the resignation. Section 25.

Abandonment

An employee who is absent from duty without leave for a period of one week may, by an appropriate instrument in writing, be declared by the Minister to have abandoned his or her position, in which case the position becomes vacant and the employee ceases to be an employee. Section 26.

Laying-off Employees

(1) Where the duties of a position held by an employee are no longer required to be performed, the Minister may lay off the employee in accordance with the regulations.

Cessation of Employment

(2) An employee ceases to be an employee when the employee is laid off under subsection (1).

New Appointment

(3) Notwithstanding any other provision of this Act, if the Minister is of the opinion that an employee identified for lay-off under subsection (1) is suitable for continued employment in the public service, the Minister may appoint the employee without competition to any position in the public service for which he or she is qualified.

Definition of "employment agency"

  1. In this Act, "employment agency" means the business of procuring:

(a) a person for employment, or

(b) employment for a person, in a profession, business, trade, calling, labour, work, service, or other means of livelihood.

Fees

  1. No person, unless licensed under the regulations, shall:

(a) carry on an employment agency for a fee or reward;

(b) collect or receive, directly or indirectly, a fee or compensation for sending, persuading, enticing, inducing, or causing to be sent from or to any place within the Territories to or from any place outside the Territories, or between any two places within the Territories, a person seeking employment; or

(c) collect or receive, directly or indirectly, a fee or compensation for giving or furnishing information with respect to Employers seeking workers or workers seeking employment.

Offence and Punishment

  1. Every person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $75 or to imprisonment for a term not exceeding six months or to both.

Regulations

  1. The Commissioner, on the recommendation of the Minister, may make such regulations as the Commissioner considers necessary for carrying out the purposes and provisions of this Act. Section 27(1) to (3).

Further details on the Public Service Act and the Employment Agencies Act can be found at Justice.gov.NT.ca and Canlii.org.

NUNAVUT

In Nunavut, employers are required to follow non-discriminatory hiring practices under the Public Service Act, Sections 6 to 10. Employers must ensure all appointments are based on merit, meaning applicants must meet the necessary qualifications for the work to be performed. Hiring processes must avoid discrimination based on factors such as race, age, sex, religion, or disability unless justified as a bona fide requirement. Additionally, employers must implement inclusive recruitment policies, including priority hiring for Inuit applicants under Article 23 of the Nunavut Agreement.

Part 3 - Recruitment And Appointment

General Principle of Non-Discrimination

(1) Except as provided in this section, no person may be discriminated against on the grounds of race, colour, ancestry, national or ethnic origin, citizenship, religion, religious creed, sex, age, marital status, family status, pregnancy, sexual orientation, a conviction for a criminal or summary conviction offence which is unrelated to the nature of the employment or intended employment of the person, or physical or mental disability, unless it is a reasonable and bona fide requirement for the position.

Affirmative Action

(2) Despite any other provision of this Act, the Minister may establish programs and issue directives that have as their object the improvement of employment conditions and knowledge, skills and experience of Inuit, having regard to the objectives of Article 23 of the Agreement, or the improvement of employment conditions and knowledge, skills and experience of individuals or groups identified on grounds referred to in subsection (1).

Inuit Employment Policies

(3) The Minister shall establish programs and issue directives, including a Priority Hiring Policy, with respect to the recruitment, hiring, training and promotion of employees that facilitate the achievement of the objectives of Article 23 of the Agreement through:

(a) the recruitment of Inuit; and

(b) career development and promotion of Inuit employees. Section 6(1) to (3).

Establishment of Positions

(1) The Minister may issue directives concerning the establishment and approval, and addition or deletion, of positions in the public service.

Qualifications for Positions

(2) The Minister shall, in relation to every position in the public service, establish the qualifications that, in the opinion of the Minister, are necessary or desirable having regard to the nature of the work to be performed. Section 7(1)(2).

Power to Appoint and Dismiss

(1) Subject to subsections (2), 10(6) and (7), a delegation of authority under subsection 4(1), and the provisions of any Act establishing a public body, the Minister may appoint persons to and dismiss persons from positions in the public service.

Appointment of Deputy Minister

(2) The Commissioner in Executive Council, on the recommendation of the Premier, may appoint a person to the position of Deputy Minister.

Non-Application of Sections 10, 12, and 16

(3) Sections 10, 12 and 16 do not apply to a deputy head.

Excluded from Definition of "Employee"

(4) In sections 17 and 22 to 26, "employee" does not include a deputy head.

Re-assignment of Deputy and Assistant Deputy Ministers

(5) Unless otherwise specified in a contract of employment, the contract of employment of a Deputy Minister or an Assistant Deputy Minister is deemed to include a provision that the incumbent may be re-assigned at any time to a different department on the recommendation of the Executive Council.

Saving

(6) Subsection (5) only applies to a contract of employment of an Assistant Deputy Minister entered into after the coming into force of this Act.

Inconsistency

(7) Where terms and conditions of employment for any employee or category of employees set out in a contract of employment other than a collective agreement are inconsistent with terms and conditions set out in the regulations or directives established under this Act, the terms and conditions of the contract are not enforceable to the extent of the inconsistency.

More Beneficial Terms and Conditions 

(8) Subject to the provisions of this or any other Act, the Minister may, by directive, establish terms and conditions of employment for a category of employees that are more beneficial to the employees than terms and conditions set out in the regulations. Section 8(1) to (8).

For more information:

  • Appointments on merit. Section 9(1), 9.1.
  • Appointments by competition. Section 10(1) to (6).

Further details on the Public Service Act can be found at canlii.org.

ONTARIO

In Ontario, hiring and recruiting are governed under the Employment Agencies Act (Sections 1 to 14). These regulations ensure that employment agencies operate fairly and transparently, protecting job seekers from exploitation and unethical recruitment practices. The Act establishes licensing requirements, regulates agency operations, and prohibits misleading job advertisements, unfair fees, and discriminatory hiring practices.

Definitions

  1. In this Act,

“employment agency” means the business of procuring for a fee, reward, or other remuneration,

(a) persons for employment, or

(b) employment for persons, and includes the business of counselling or testing persons for a fee, reward or other remuneration to assist them in securing employment;

“licence” means a licence under this Act;

“regulations” means the regulations made under this Act;

“supervisor” means the supervisor of employment agencies.

Licence Required

No person shall carry on an employment agency unless licensed so to do by the supervisor. Section 2.

Licence, Issue

(1) Subject to section 6, an applicant for a licence to carry on a class of employment agency who,

(a) applies in the prescribed form;

(b) pays the prescribed fee;

(c) furnishes such security as is prescribed by the regulations; and

(d) complies with the qualifications prescribed by the regulations, is entitled to be issued such licence by the supervisor.

Renewal

(2) Subject to section 7, a licensee who applies for a renewal of licence in accordance with this Act and the regulations and pays the prescribed fee is entitled to renewal of the licence by the supervisor. Section 3(1)(2).

Term of Licence

A licence expires on the 31st day of March next following its date of issue, unless it is sooner suspended or revoked. Section 4.

Branches, etc.

Where an employment agency is carried on in or from more than one place of business, a separate licence shall be obtained in respect of each place of business. Section 5.

Refusal to Issue Licence

Subject to section 8, the supervisor may refuse to issue a licence to an applicant who otherwise has complied with the requirements of section 3 if in the supervisor’s opinion,

(a) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on the employment agency in accordance with law and with honesty and integrity; or

(b) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the carrying on of the employment agency; or

(c) where the applicant is a corporation,

(i) the past conduct of its officers or directors affords reasonable grounds for belief that the employment agency will not be carried on by it in accordance with law or with honesty and integrity, or

(ii) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the carrying on of the employment agency. Section 6(a) to (c).

Suspension, Revocation, etc.

Subject to section 8, the supervisor may refuse to renew or may suspend or revoke a licence if in the supervisor’s opinion,

(a) the licensee or, where the licensee is a corporation, any officer, director or employee thereof has contravened or has knowingly permitted any person under his or her control or direction or associated with him or her in the carrying on of the employment agency carried on under the licence to contravene any provision of this Act or of the regulations or of any other Act or regulations applying to the carrying on of the employment agency and such contravention occurred through lack of competence or with intent to evade the requirements of such provision; or

(b) the licence would be refused under section 6 if the licensee were making application for it in the first instance. Section 7(a)(b).

Notice of Proposal to Refuse or Revoke

(1) The supervisor, when proposing to refuse to issue or renew a licence or to suspend or revoke a licence, shall serve notice of the proposal, together with written reasons therefor, on the applicant or licensee advising of the right to a hearing by a judge of the Ontario Court (General Division) in the area in which the applicant or licensee intended to carry on or carried on the employment agency under the licence if application is made to the judge within fifteen days after service of the notice by the supervisor, and the applicant or licensee may within such time apply to the judge for a hearing.

Powers of Supervisor Where no Hearing

(2) Where an applicant or licensee does not apply for a hearing in accordance with subsection (1), the supervisor may carry out the proposal stated in the notice under subsection (1).

Powers of Judge Where Hearing

(3) Where an applicant or licensee applies to a judge for a hearing in accordance with subsection (1), the judge shall appoint a time for and hold the hearing and, on the application of the supervisor at the hearing, may by order direct the supervisor to carry out the proposal or refrain from carrying out the proposal and to take such action as the judge considers the supervisor ought to take in accordance with this Act and the regulations, and for such purposes the judge may substitute his or her opinion for that of the supervisor. Section 8(1) to (3).

Further details on the Employment Agencies Act can be found at Ontario.ca.

PRINCE EDWARD ISLAND

In Prince Edward Island, hiring and recruiting are governed under the Employment Development Agency Act (Sections 1 to 15). These regulations ensure fair and transparent employment practices while promoting workforce development and economic opportunities. The Act establishes guidelines for employment programs, job placement services, and training initiatives to support job seekers and Employers.

Definitions

In this Act,

(a) “board” means the board of directors of the Agency;

(b) “Agency” means the Prince Edward Island Employment Development Agency established under section 2;

(c) “Minister” means the Minister of the Crown designated by the Lieutenant Governor in Council to have supervision of the administration of this Act;

(d) “participant” means a person, a member of a target group employed in a project initiated or sponsored by the Agency. Section 1(a) to (d).

Establishment of Agency

There is established a Crown corporation to be known as the Prince Edward Island Employment Development Agency. Section 2.

Board, Composition

(1) The affairs of the Agency shall be conducted by a board of directors consisting of not fewer than three and not more than five members appointed by the Lieutenant Governor in Council.

Chairperson

(2) The Lieutenant Governor in Council shall designate one of the directors to be chairperson.

Election of Officers

(3) The board shall elect a vice-chairperson and secretary-treasurer from among its directors.

Term of Office

(4) The term of office of directors shall be three years.

Duties of Directors and Officers

(5) Every director and officer of the Agency in exercising his or her powers and discharging his or her duties shall:

(a) act honestly and in good faith with a view to the best interests of the Agency;

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and

(c) comply with this Act and any bylaws of the Agency.

Remuneration

(6) Directors are entitled to receive such remuneration and compensation for expenses as the Lieutenant Governor in Council may determine.

Quorum

(7) A majority of the directors constitutes a quorum. Section 3(1) to (7).

Bylaws and Policies

(1) The board may make bylaws and policies, not inconsistent with this Act, for its internal organization and the regulation of its operations.

Transitional

(2) The powers set out in subsection (1) may be exercised prior to the date on which the Act comes into force by a provisional board of directors appointed by the Lieutenant Governor in Council. Section 4 (1)(2).

Objects

The objects of the Agency are:

(a) to address the problems of individuals who are hindered from gaining permanent employment by:

(i) providing access to training,

(ii) identifying and developing meaningful work projects within the public sector and the community;

(b) to supply individuals seeking employment assistance to such special projects as may be submitted to government for consideration;

(c) to apply principles of fairness in the provision of employment opportunities. Section 5.

Powers

The Agency may:

(a) borrow money for the purposes of carrying out its objects;

(b) exercise any powers conferred upon companies incorporated under the Companies Act R.S.P.E.I. 1988, Cap. C-14 except where such powers are inconsistent with this Act. Section 6.

Agreements

For the purpose of carrying into effect the objects of the Agency or any project, the Agency may enter into and carry out agreements with any person including any body corporate and any agency of the Crown in right of Canada or of any province. Section 7.

Executive Director

The Lieutenant Governor in Council shall appoint an Executive Director of the Agency who shall coordinate its activities and be responsible for the day to day administration of the affairs of the Agency. Section 8.

Staff

(1) The Agency may appoint such employees and engage such advisors and consultants as it considers necessary and may determine their remuneration and other terms and conditions of employment or engagement.  

Application of Civil Service Act

(2) Employees of the Agency are subject to the Civil Service Act R.S.P.E.I. 1988, Cap. C-8, but that Act does not apply to participants.

Application of Public Sector Pension Plan Act

(3) The Public Sector Pension Plan Act R.S.P.E.I. 1988, Cap. P-32.11, applies to officers and employees of the Agency. Section 9(1) to (3).

Liability

The members of the board, the Executive Director and any person acting under their instructions or under the authority of this Act or the regulations are not personally liable for any loss or damage suffered by any person by reason of any act done by any of them in good faith in the exercise or purported exercise of their functions. Section 10.

Confidentiality of Information

The members of the board, the Executive Director and the employees of the Agency shall preserve the confidentiality of information received in respect of the business of any client of the Agency in the course of their duties in carrying out the objects of the Agency and shall not disclose that information to any person. Section 11.

Audit of Accounts

The financial accounts of the Agency shall be audited by the Auditor General and the audited statements of such accounts shall be included in the annual report of the Agency. Section 12.

Fiscal Year

The fiscal year of the Agency is that of the province. Section 13.

Annual Report

The Agency shall, at the end of its fiscal year, prepare and forward to the Minister a report of its activities together with a statement of its receipts and expenditures for the preceding year. Section 14.

Regulations

The Lieutenant Governor in Council may make regulations. Section 15.

Further details on the Employment Development Agency Act can be found at PrinceEdwardIsland.ca.

QUÉBEC

In Quebec, hiring and recruiting are governed under the Act Respecting Labour Standards (Sections 1, 4, 5, 24, and 25). These regulations ensure fair and transparent employment practices, prohibiting discrimination and ensuring equal opportunities in hiring. The Act establishes minimum employment standards, including rules on job offers, hiring conditions, and protections against unfair treatment.

Interpretation

In this Regulation and for the purposes of the Act respecting labour standards (chapter N-1.1),

“client enterprise” means a person, partnership or other entity that, to meet labour needs, retains the services of a personnel placement agency or a recruitment agency for temporary foreign workers;

“personnel placement agency” means a person, partnership or other entity that has at least one activity consisting in offering personnel leasing services by providing employees to a client enterprise to meet its labour needs;

“recruitment agency for temporary foreign workers” means a person, partnership or other entity that has at least one activity consisting in offering to a client enterprise services related to the recruitment of temporary foreign workers, which services may include assisting workers in their efforts to obtain a work permit;

“temporary foreign worker” means a foreign national who is staying or wishes to stay temporarily in Québec to carry out work with an Employer under the temporary foreign worker program provided for in Division II of Chapter II of the Québec Immigration Regulation (chapter I-0.2.1, r. 3). Section 1.

General

This Chapter sets out the conditions of issue and maintenance of the personnel placement agency licence and the temporary foreign worker recruitment agency licence that persons, partnerships or other entities must hold to carry on activities and comply with section 92.5 of the Act respecting labour standards. Section 4.

Issue and Maintenance

A person, partnership or other entity wishing to obtain a personnel placement agency licence or a temporary foreign worker recruitment agency licence must apply to the Commission des normes, de l’équité, de la santé et de la sécurité du travail using the form provided by the Commission. Section 5.

In addition to the obligations provided for in this Division that apply to any licence, the holder of a temporary foreign worker recruitment agency licence must:

(1)  give the temporary foreign worker, at the time of recruitment,

(a) a document describing the working conditions that apply to the worker, including the wage offered, and specifying the name and contact information of the client enterprise; and

(b) the information documents made available to the Commission concerning employees’ rights and Employers’ obligations in respect of labour;

(2) keep, for at least 6 years, the contracts entered into with each client enterprise and corresponding invoices;

(3) keep, for at least 6 years after the date of hiring, for each temporary foreign worker, the worker’s name and contact information, and the information on the date of hiring of the worker by a client enterprise; and

(4) ensure that, among the employees, a person who advises, assists or represents another person with respect to an application for immigration holds the required recognition in accordance with the Regulation respecting immigration consultants (chapter I-0.2.1, r. 1). Section 24(1) to (4).

No temporary foreign worker recruitment agency licence holder may:

(1) require a temporary foreign worker to entrust custody of personal documents or property to the licence holder; or

(2) charge a temporary foreign worker, for the worker’s recruitment, fees other than fees authorized under a Canadian government program. Section 25(1)(2).

Further details on the Act Respecting Labour Standards can be found at Legisquebec.gouv.qc.ca.

SASKATCHEWAN

In Saskatchewan, hiring and recruiting are governed under the Employment Agencies Act (Sections 1 to 7). These regulations ensure that employment agencies operate fairly and transparently, protecting job seekers from exploitation and unethical recruitment practices. The Act establishes licensing requirements, regulates agency operations, and prohibits deceptive job advertisements, unfair fees, and discriminatory hiring practices.

Short Title

This Act may be cited as The Employment Agencies Act. Section 1.

Interpretation

In this Act, “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned. Section 1.1.

Fee Prohibited

No person, firm, corporation or association shall collect or receive, directly or indirectly, any fee or compensation for sending or persuading, enticing, inducing, procuring or causing to be sent from or to any place within the province, to or from any place outside the province, or between any two places within the province, any person seeking employment, or for giving or furnishing information regarding Employers seeking workers or workers seeking employment. Section 2.

Penalty

A person violating section 2 is guilty of an offence and liable on summary conviction before a provincial magistrate or two or more justices of the peace to a fine of not less than $10 nor more than $25. Section 3.

Exception

Sections 2 and 3 do not apply to persons whose agency is confined to supplying positions in connection with educational institutions. Section 4.

Use of word “Saskatchewan”

No person or firm acting as or operating an employment agency shall use the word “Saskatchewan” as part of the name of the agency. Section 5.

Municipal Employment Agencies

Any town, village, northern municipality or rural municipality, in which there is no government employment office, may establish an employment office and may charge to Employers availing themselves of its services such fees as may be fixed by bylaw. Section 6.

Reports to Department

The clerk or secretary treasurer of a municipality that establishes an employment office under section 6 shall forthwith notify the minister and shall furnish such information and make such reports to the department over which the minister presides as the minister may require. Section 7.

Further details on the Employment Agencies Act can be found at Canlii.org.

YUKON TERRITORY

In Yukon, hiring and recruiting are governed under the Employment Agencies Act (Sections 1 to 11). These regulations ensure that employment agencies operate fairly and transparently, protecting job seekers from exploitation and unethical recruitment practices. The Act establishes licensing requirements, regulates agency operations, and prohibits misleading job offers, unfair fees, and discriminatory hiring practices.

Interpretation

In this Act,

“employment agency” means the business of carrying on an agency, bureau, office, organization or system, the purpose or object of which is:

(a) to provide or find or assist in providing or finding, or to provide facilities for finding, work or employment for persons seeking it, or

(b) to put Employers and persons seeking employment into communication with one another, and includes the carrying on of the business of counselling or testing persons for a fee, reward or other remuneration to assist them in securing employment;

“registrar” means the registrar of employment agencies appointed under this Act. « registraire » Section 1.

Exemptions

(1) This Act does not apply to:

(a) an employment office maintained by an Employer as part of the Employer’s business organization for the exclusive purpose of engaging workers for the business, or to the Employer operating such an employment office;

(b) a trade school registered under the Trade Schools Regulation Act or to a person operating such a trade school, in respect of securing or endeavouring to secure employment for the students or graduates of the trade school;

(c) a trade union within the meaning of the Employment Standards Act; or

(d) any non-profit society or organization excluded by order of the Commissioner in Executive Council pursuant to subsection (2).

(2) If the Commissioner in Executive Council is satisfied in respect of any non-profit society or organization that the society or organization provides or finds or assists in providing or finding or provides facilities for finding work or employment for its members or members of their families, the Commissioner in Executive Council may by order exclude the society or organization from the provisions of this Act. Section 2(1)(2).

Appointments

The Commissioner in Executive Council may appoint a registrar, deputy registrar and any officers considered necessary for the purpose of carrying out the provisions of this Act. Section 3.

Registration

No person shall operate an employment agency in the Yukon unless they are registered under this Act. Section 4.

Application for Registration of Agency

If a person:

(a) applies in the prescribed form;

(b) pays the prescribed fee;

(c) furnishes the security prescribed by the regulations; and

(d) complies with the qualifications prescribed by the regulations, the registrar may register the person and issue a certificate of registration, accordingly. Section 5.

Display of Certificates

Every person registered pursuant to section 5 shall display their certificate of registration in a conspicuous place in the premises in which they carry on business. Section 6.

Expiration and Renewal of Certificate

Every registration under this Act shall expire on March 31 next following the date of registration and a person who is registered may make application to the registrar for the renewal of their registration. Section 7.

For more information:

  • Prohibition, Strike or lockout, Penalty, Regulations. Sections 8, 9, 10, and 11.

Further details on the Employment Agencies Act can be found at Laws.Yukon.ca.