Canada Labour Code — L-2 461
461 The Act is amended by adding the following after section 203: DIVISION VI.1 Temporary Help Agencies Application 203.01 This Division applies to an employer who is a temporary help agency and to those of its employees who perform work assignments in its clients’ industrial establishments. Prohibition 203.1 (1) An employer is prohibited from (a) charging a fee to a person in connection with him or her becoming its employee; (b) charging a fee to its employee for assigning or attempting to assign him or her to perform work for a client; (c) charging a fee to its employee for any assignment or job preparation services, including assisting him or her in preparing resumes or preparing for job interviews; (d) charging a fee to its employee for him or her establishing an employment relationship with one of its clients; (e) charging a fee to a client for establishing an employment relationship with an employee if the day on which the employee’s first assignment with the client started is more than six months before the day on which the client establishes the employment relationship with the employee; and (f) preventing or attempting to prevent an employee from establishing an employment relationship with a client. Payment (2) If an employee pays any fee described in any of paragraphs (1)(a) to (d), the employer must pay to the employee an amount equal to that fee. Equal treatment 203.2 (1) An employer is prohibited from paying an employee a rate of wages that is less than the rate the client pays to its employee if (a) they work in the same industrial establishment; (b) they perform substantially the same kind of work; (c) the performance of that work requires substantially the same skill, effort and responsibility; (d) their work is performed under similar working conditions; and (e) any other factor that may be prescribed by regulation is present. Exception (2) Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on (a) seniority; (b) merit; (c) the quantity or quality of each employee’s production; or (d) any other criterion that may be prescribed by regulation. Prohibition — reduction in rate of wages (3) A client is prohibited from reducing their employee’s rate of wages in order to enable the employer to comply with subsection (1). Request for review 203.3 (1) If an employee who believes that their rate of wages does not comply with subsection 203.2(1) makes a written request to the employer for a review of the rate, the employer must, within 90 days after receiving the request, conduct a review of the employee’s rate of wages and provide the employee with a written response that includes (a) a statement that the employer has increased their rate of wages in order to comply with subsection 203.2(1); or (b) a statement, including reasons, that the employer has not increased their rate of wages. Payment of wages (2) If an employer increases an employee’s rate of wages in order to comply with subsection 203.2(1), the employer must pay the employee an amount equal to the difference between the two rates of wages from the day on which the employee makes their request under subsection (1) to the date on which the employer starts paying the employee the increased rate of wages. Prohibition — dismissal etc. (3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee or to provide an assignment to them. Inspections and complaints 203.4 If an inspection that relates to an employer’s compliance with this Division is carried out under this Part or a complaint is made under section 251.01(1) that relates to the contravention of this Division by the employer, section 249 applies in respect of the employer’s clients as if they were the employer. Regulations 203.5 The Governor in Council may make regu