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The Employment Services Act
This is an unofficial archived version of The Employment Services Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E100

The Employment Services Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"employment agency" means 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 who want workpeople and workpeople who want work, within the province, into communication with one another; ("bureau de placement")

"minister" means the Minister of Labour for Manitoba; ("ministre")

"prescribed" means prescribed by regulation. ("prescrit")

Application of Act.

2

This Act does not apply

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

(b) to a trade-school registered under The Private Vocational Schools Act, or to a person, association, or corporation, operating such a trade-school, in respect of securing or endeavouring to secure employment for the students or graduates of the trade-school.

Employment agencies to be licensed.

3(1)

No person, association, or municipal or other corporation, whether or not for fee, gain, or reward, shall operate an employment agency unless he or it holds a subsisting licence to operate an employment agency issued to him or it by the minister under this Act.

Finding employment for others prohibited without licence.

3(2)

Without restricting the generality of subsection (1), no person, association, or municipal or other corporation, whether or not for fee, gain, or reward, shall

(a) send any person or cause any person to be sent;

(b) persuade, entice, or induce, any person to go, or cause any person to be persuaded, enticed, or induced, to go;

from any place within the province to any other place within or outside the province, as the case may be, for the purpose of seeking or obtaining employment, unless he or it holds a subsisting licence to operate an employment agency issued to him or it by the minister under this Act.

Issue of licence.

4(1)

Upon application being made to him in the prescribed form, and upon payment of the prescribed fee, the minister may, in his absolute discretion,

(a) issue or refuse to issue to any person, association, or municipal or other corporation, a licence in the prescribed form authorizing him or it to operate an employment agency;

(b) suspend or cancel a licence previously issued.

Term of licence.

4(2)

Every licence issued under this section, unless sooner suspended or cancelled, is valid for one fiscal year of the province, and expires at the end of the fiscal year of the province for which it is issued.

Finding employees where strike in industry.

5

Where a strike or lockout, as those terms are defined in The Labour Relations Act, is in progress in an industry and has not occurred contrary to that Act, no person, association, or corporation, operating an employment agency shall, having knowledge of the strike or lockout, send or assist in sending any person, or cause any person to be sent , to take employment in place of an employee in the industry who is so on strike or locked out, without informing the person sent of the existence of the strike or lockout.

No charge to be made against employees.

6(1)

No person shall charge any other person any fee or charge, or accept any remuneration or reward,

(a) for obtaining employment for that other person;or

(b) for introducing that other person to a prospective employer; or

(c) for receiving an application from that other person for employment, whether for specific employment or for employment generally; or

(d) for placing the name of that other person on any list of persons seeking employment.

Contracts null and void.

6(2)

Any contract under which any person agrees to pay another person any fee. charge, or remuneration which that other person is prohibited from charging or accepting under subsection (1) is null and void and unenforceable.

Recoveries of amount paid.

6(3)

Any person who, after the coming into force of this section, pays another person any fee, charge, or other remuneration, which that other person is prohibited from charging or accepting under subsection (1) may recover the amount so paid in a court of competent jurisdiction.

Regulations.

7

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) fixing the forms of applications for licences, and of licences, and any other forms that may be required in the administration of this Act; and

(b) fixing the fees to be paid for licences.

Offence and penalty.

8

Every person who contravenes, disobeys, or fails or neglects to comply with, any provision of this Act is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. and not more than $25., and, in default of payment thereof, to imprisonment for a period not exceeding three months.