jswizzle3737/ontario_laws_and_regs huggingface dataset:
Fees
 3. (1) For the purposes of clause 74.1.3 (1) (b) of the Act, the prescribed fee is $750 and is payable at the time the application is submitted. (2) For greater certainty, if a person applies for more than one licence or renewal of a licence under subsection 74.1.3 (1) of the Act, the prescribed fee is payable for each application.
Security
 4. (1) For the purposes of clause 74.1.3 (1) (c) of the Act, security that meets the following requirements is prescribed: 1. The security must be in the form of an electronic irrevocable letter of credit that, i. contains a provision providing for the automatic renewal of the irrevocable letter of credit following the expiry date, ii. permits partial drawing without any conditions, and iii. is issued by a bank that is listed in Schedule I, II or III of the Bank Act
(Canada), or a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020. 2. If the person is applying for a new licence, the security must be in the amount of $25,000. 3. If the person is applying for a renewal of a licence, the security must be in an amount so that the total security held by the Director in respect of the licence is $25,000. (2) For greater certainty, if a person applies for more than one licence or renewal of a licence under subsection 74.1.3 (1) of the Act, the prescribed security must be provided for each application. (3) Security provided to the Director may be used to satisfy amounts owing under orders issued under sections 74.14, 74.16, 74.19, 103 and 104 of the Act and under subsections 24 (2), (3) and (4) of the Employment Protection for Foreign Nationals Act, 2009 to a person applying for a licence or renewal or a person who holds a licence, and section 109 of the Act applies with necessary modifications. (4) For greater certainty, security provided to the Director may not be used to satisfy the requirement to provide the Director with an irrevocable letter of credit under clause 116 (1) (b) or (c) of the Act or subsection 29 (1) of the Employment Protection for Foreign Nationals Act, 2009. (5) If security provided to the Director is used to satisfy an amount owing described in subsection (3), the Director shall serve written notice of the use on the licensee within 30 days of the use. (6) A licensee who receives a notice under subsection (5) shall, within 30 days of receiving the notice, provide the Director with additional security so that the total security held by the Director in respect of the person’s licence is $25,000. (7) If a licence issued under subsection 74.1.3 (1) of the Act expires and the licensee fails to apply for a renewal or the Director refuses to renew the licence, or a licence is cancelled, revoked or suspended, the Director may hold the security provided in respect of the licence, (a) if no complaints have been filed with the Ministry under the Act or the Employment Protection for Foreign Nationals Act, 2009 in respect of the licensee, for up to 12 months after the date of the expiry, cancellation, revocation or suspension; or (b) if a complaint has been filed with the Ministry under the Act or the Employment Protection for Foreign Nationals Act, 2009 in respect of the licensee or is filed within 12 months after the date of the expiry, cancellation, revocation or suspension, for up to 12 months after the date on which an employment standards officer makes a decision with respect to the complaint or the date the complaint is withdrawn or deemed to have been withdrawn.
Refusal to issue or renew licence
 5. (1) For the purposes of clause 74.1.5 (1) (d) of the Act, the following circumstances are prescribed: 1. The applicant has ever taken possession of or retained a passport or a work permit of a foreign national in contravention of subsection 9 (1) or (2) of the Employment Protection for Foreign Nationals Act, 2009. 2. The applicant, or any officer, director or partner of the applicant, has been convicted of an offence under subsection 279 (1) or (2), 279.01 (1), 279.011 (1), 279.02 (1) or (2), 279.03 (1) or (2) or 279.04 (1) of the Criminal Code
(Canada) or subsection 118 (1) of the Immigration and Refugee Protection Act (Canada) for which a record suspension under the Criminal Records Act (Canada) has not been ordered. 3. The applicant is not registered with the Workplace Safety and Insurance Board, as required under subsection 75 (1) of the Workplace Safety and Insurance Act, 1997. 4. The applicant has not provided the Workplace Safety and Insurance Board with information that, under sections 75 to 78 of the Workplace Safety and Insurance Act, 1997, the applicant is required to provide. 5. The applicant has not paid the Workplace Safety and Insurance Board premiums or other amounts owing that, under sections 88 and 89 of the Workplace Safety and Insurance Act, 1997, the applicant is required to pay. 6. The applicant, or any officer, director or partner of the applicant, is subject to a ban under section 19 of the Ontario Immigration Act, 2015. 7. The applicant is in default of filing a return under a tax statute administered and enforced by the government of Ontario, or of paying any tax, penalty or interest assessed under any such statute for which payment arrangements have not been made. 8. If the applicant has a business number with the Canada Revenue Agency, the applicant is in default of filing a return under the Taxation Act, 2007, the Income Tax Act (Canada), Part IX of the Excise Tax Act (Canada) or an Act of another province or territory that imposes a tax on corporations and is administered and enforced by the Canada Revenue Agency. (2) In determining whether a circumstance described in paragraph 7 or 8 of subsection (1) exists, the Director shall use the Ministry of Finance’s tax compliance verification tools. (3) In determining whether a circumstance described in subsection 74.1.5 (1) of the Act or in subsection (1) of this section exists, the Director shall not consider an order or notice of contravention that is pending review by the Board.
Process for certain licence refusals
 6. (1) If the Director intends to refuse to issue or renew a licence under subsection 74.1.5 (1) of the Act, the Director shall serve the applicant with written notice of the intent and shall provide the applicant with 60 days from the date of service to show evidence of compliance with the licensing requirements before the licence or renewal is refused. (2) An applicant may waive, in writing, its entitlement under subsection (1) to 60 days from the date of service to show evidence of compliance with the licensing requirements.
Process for certain licence revocations and suspensions
 7. (1) If the Director intends to revoke or suspend a licence under subsection 74.1.6 (1) of the Act, the Director shall serve the person whose licence the Director intends to revoke or suspend with written notice of the intent and shall provide the person with 60 days from the date of service to show evidence of compliance with the licensing requirements before the licence is revoked or suspended. (2) A person may waive, in writing, its entitlement under subsection (1) to 60 days from the date of service to show evidence of compliance with the licensing requirements. (3) The Director may request that a licensee provide the Director, in the form and within the time period specified by the Director, such information as may be specified by the Director that is relevant to the decision as to whether or not to revoke or suspend the licence.
Public record
 8. For the purposes of paragraph 3 of subsection 74.1.12 (1) of the Act, the following information is prescribed: 1. Any operating or business name under which a person licensed under the Act operates, if applicable. 2. The business address, email address, if any, and telephone number of every person licensed under the Act. 3. The name of every person who has applied for a licence or a renewal of a licence and about which a decision is pending, as well as any operating or business name under which the person operates, if applicable, and the business address, email address, if any, and telephone number of the person. 4. If a licence is cancelled under subsection 74.1.11 (1) of the Act, the name of the person whose licence was cancelled and the date on which the licence was cancelled. 5. Whether any person whose licence has been revoked or suspended under the Act has applied for an application for review under section 74.1.13 of the Act, and the outcomes of any such reviews.
Operation during application for review period — temporary help agencies
 9. (1) Despite section 74.1.1 of the Act, if the Director refuses to renew a licence to operate as a temporary help agency under subsection 74.1.5 (1) of the Act, or revokes or suspends a licence to operate as a temporary help agency under subsection 74.1.6 (1) of the Act, the licensee may continue to operate as a temporary help agency for 30 days after the day on which notice of the refusal, revocation or suspension is served. (2) For greater certainty, if a temporary help agency continues to operate in the circumstances described in subsection (1), a client is not prohibited from engaging or using the temporary help agency’s services.
Operation during application for review period — recruiters
 10. (1) Despite section 74.1.2 of the Act, if the Director refuses to renew a licence to act as a recruiter under subsection 74.1.5 (1) of the Act, or revokes or suspends a licence to act as a recruiter under subsection 74.1.6 (1) of the Act, the licensee may continue to act as a recruiter for 30 days after the day on which notice of the refusal, revocation or suspension is served. (2) For greater certainty, if a recruiter continues to act in the circumstances described in subsection (1), a recruiter, employer or prospective employer is not prohibited from engaging or using the recruiter’s services.
Application for review operates as stay
 11. An application for review under section 74.1.13 of the Act operates as a stay in the matter pending the outcome of the review, unless the Board orders otherwise.
Section 74.2 definitions
 12. The definition of “employment standard” in subsection 1 (1) of the Act and section 3 of the Act are prescribed for the purposes of section 74.2 of the Act.
Transition — temporary help agencies
 13. (1) Despite section 74.1.1 of the Act, the following rules apply to a person that applies before July 1, 2024 for a licence to operate as a temporary help agency under Part XVIII.1 of the Act: 1. The person may continue to operate as a temporary help agency without a licence until the person is issued a licence or is served with notice of the Director’s refusal to issue a licence. 2. If the Director refuses to issue a licence, the person may continue to operate as a temporary help agency without a licence for 30 days after the day on which notice of the refusal is served. O. Reg. 99/23, s. 13 (1); O. Reg. 339/23, s. 1. (2) For greater certainty, if a temporary help agency continues to operate in the circumstances described in subsection (1), a client is not prohibited from engaging or using the temporary help agency’s services. O. Reg. 99/23, s. 13 (2).
Transition — recruiters
 14. (1) Despite section 74.1.2 of the Act, the following rules apply to a person that applies before July 1, 2024 for a licence to operate as a recruiter under Part XVIII.1 of the Act: 1. The person may continue to operate as a recruiter without a licence until the person is issued a licence or is served with notice of the Director’s refusal to issue a licence. 2. If the Director refuses to issue a licence, the person may continue to act as a recruiter without a licence for 30 days after the day on which the notice of the refusal is served. O. Reg. 99/23, s. 14 (1); O. Reg. 339/23, s. 2. (2) For greater certainty, if a recruiter continues to act in the circumstances described in subsection (1), a recruiter, employer or prospective employer is not prohibited from engaging or using the recruiter’s services. O. Reg. 99/23, s. 14 (2).
Transition — recruiters
 15. Omitted (provides for coming into force of provisions of this Regulation).
Transition — recruiters
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