Bill 48 — F:Irst Se~Sion, 16Th Legislature, 17 Elizabeth Ii the Legislative Assembly of Alberta Bill 48 An Act Respecting Employment Agencies (Legislature 16, Session 1)

L16 S1 4499

Alberta — Bills

1968 Bill 48 F:irst Se~sion, 16th Legislature, 17 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 48

An Act respecting Employment Agencies THE MINISTER OF LABOUR First Reading ............................................................. . Second Reading ......................................................... . Third" Reading ........................................................... . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 48 1968

An Act respecting Employment Agencies (Assented to , 1968) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Employment Agencies Act. 2. In this Act, (

a) uAdministrator" means the employee in the Min ister's Department designated by the Minister as the Administrator of this Act; (b) "employment agency" means a person who carries on the business of securing employment for per sons or persons for employment; (c) "Minister" means the member of the Executive Council charged with the administration of the Act. 3. This Act does not apply (

a) to an employment agency operated for the sole purpose of securing employees exclusively for one employer, or (

b) to a person operating a trade school registered under The Trade Schools Regulation Act with respect to securing or endeavouring to secure em ployment for the students or graduates of the trade school, or (

c) to a trade union within the meaning of The Alberta Labour Act, or (

d) to an employment agency with respect to securing or endeavouring to secure (

i) employment for persons, or (ii) persons for employment, as domestic servants in private homes. 4.

(1) No person shall carryon the business of an employment agency without an employment agency licence issued under this Act.

Explanatory Notes I. This Bill will provide for the· licensing and regulation of employment agencies presently prohibited under The Alberta Labour Act. 2.

Definitions. OJ. .I!Ixempuons. 4. Licence required by employment agencies.

(2) An employment agency licence expires on the 31st day of March of the year for which it was issued, unless sooner cancelled. 5.

(1) An application for an employment agency licence shall be made to the Administrator in the prescribed form and shall be accompanied by (

a) the prescribed licence fee, and (

b) such other information as may be prescribed by the regulations.

(2) The Administrator may issue or refuse to issue an employment agency licence where, in his opinion, that action is in the public interest. H. The Administrator may, after a hearing, suspend or cancel an employment agency licence where, in his opinion, that action is in the public interest. 7.

(1) A person who is refused a licence or whose licence is suspended or cancelled may, within 30 days thereafter, appeal the decision of the Administrator by filing a notice of appeal with the Minister.

(2) The Minister shall refer the appeal to an appeal board consisting of three persons appointed by him.

(3) After holding a hearing the appeal board may up hold the Administrator's decision or it may direct him to issue the licence applied for or reinstate the suspended or cancelled licence. 8. No employment agency shall (directly or indirectly) demand or collect any fee, reward or other compensation (

a) from a person who is seeking (

i) employment, or (ii) information respecting employers wanting employees, or (

b) from a person (

i) for securing or endeavouring to secure em ployment for him, or (ii) for providing him with information respecting any employer wanting an employee. 9. Where a legal strike or lockout is in progress no employment agency shall, 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. 2

s. Application for and issue of licence. 6. Suspension or cancellation -of licences. 7. Appeal from refusal, suspension or cancellation. 8. Employment agencies pr·ohibited from charging a person for finding him work. 9. Notice of strike or lockout to be given 2

(1) An employment agency shall keep a record of (

a) the name and address of all employers (

i) for whom persons seeking employment are obtained, or (ii) to whom any such persons 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, and (

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

(2) The Administrator, or any person authorized by him in writing, may inspect and take extracts from the records required to be kept under this section. 11. Any person who contravenes this Act or the reg ulations is guilty of an offence and is liable on

summary conviction to a fine of not more than $500 and in default of payment to imprisonment for a term not exceeding 60 days. 12. The Lieutenant Governor in Council may make regulations: (a) (b) (c) (d) (e) (/) (

g) prescribing qualifications for applicants for lic ences; classifying employment agencies; fixing the fees to be paid for licences for employ ment agencies Or any class thereof; prescribing forms and providing for their use; regulating and controlling the manner in which the business of employment agencies or any class thereof shall be carried on; regulating the appointment of and procedure be fore an appeal board; respecting any matter he considers necessary or advisable to carry out effectively the intent and purpose of this Act. 13. The Alberta Labour Act is amended by striking out

section 123. 14. This Act comes into force on June 1, 1968. 3

10. Records to be kept by employment agencies. I I. Offence and penalty. 12. Regulations.

Section 123 of The Alberta Labour Act reads: 123.

(1) No person, firm, corporation or association (

a) shall open, conduct or carryon any employment agency or office for fee or reward, or (

b) shall collect or receive directly or indirectly any fee or compen sation for sending any person seeking employment, or for per suading, enticing, inducing, procuring or causing any such person to be sent, (1) from any place within the Province to any place outside the Province, (ii) to any place within the Province from any place outside the Province, or (iii) from one place within the Province to another. (2) Subsection (1) does not apply to any person, firm, corporation or association providing a counselling and placement service for pro fessional, scientific or executive personnel where no fee is charged directly or indirectly to the person seeking employment or to an employee. 3 Title: 1968 (16th, 1st) Bill 48,

An Act respecting Employment Agencies

Document details

Collection	Alberta — Bills
Citation	L16 S1 4499
Type	bill
Volume / chapter	L16 S1 4499
Language	en
Format	json
Source	PROVINCIAL
Identifier	61361de805066df38e92222cfc580c27197be272

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