--000000000000fde5fd061cc21057 Content-Type: multipart/alternative; boundary="000000000000fde5fc061cc21056" --000000000000fde5fc061cc21056 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable FYI - Dear Sean Cygan, Thank you for your inquiry. Temporary help agencies and recruiters are required to have a licence. These terms are defined in the ESA and its regulations. Every legal entity that operates as a temporary help agency or acts as a recruiter must apply for a licence. This is the case even if the separate legal entities are treated as one employer under section 4 of the ESA . A *temporary help agency* is an employer that employs persons for the purpose of assigning them to perform work on a temporary basis for clients of the employer. Clients of a temporary help agency are people or entities that enter into an arrangement with a temporary help agency in which the temporary help agency agrees to assign, or to try to assign, one or more of its =E2=80=9Cassignment employees=E2=80=9D to perform work for that person or e= ntity (=E2=80=9Cthe client=E2=80=9D) on a temporary basis. Learn more about what is a temporary help agency under the ESA . A *recruiter* is any person =E2=80=94 which includes a corporation, partner= ship and individual/sole proprietorship =E2=80=94 who, for a fee , finds or attempts to find employment (whether the employment is temporary or permanent) in Ontario for prospective employees, or finds or attempts to find, employees (to be employed on a temporary or permanent basis) for prospective employers in Ontario but *does not include* the following: - an employee who performs the functions described above as a duty of the employee=E2=80=99s position with an employer. - For example, Henry is an employee of a recruiting company. In his job, he finds, or attempts to find, employees for prospective employers in Ontario. He is excluded from the definition of recruiter and is not required to have a licence. (His employer is required to have a licen= ce, however.) - Another example: Iris works in the human resources department of a manufacturing company. As part of her job, she finds or attempts to f= ind employees for her employer. She is excluded from the definition of recruiter and is not required to have a licence. - an employer who finds or attempts to find employees to be employed by the employer. - For example, Maeve is an employer. She attempts to find employees to work at her welding and fabrication shop. She is excluded from the definition of recruiter and is not required to have a licence. - certain educational institutions that find or attempt to find employment in Ontario for its students or alumni. Specifically: - a school board, - a person operating a private school in accordance with section 16 of the *Education Act* , - a college of applied arts and technology, - a university, - a person who has been given written consent under section 4 of the *Post-secondary Education Choice and