Interpretation Guidelines Manual
|ESA Section 13 - Farm labour contractors must be licensed|
Text of Legislation
This section requires that a farm labour contractor be licensed and explains the consequences to an employer who uses the services of an unlicensed farm labour contractor.
|Text of Legislation
A licensed farm labour contractor is considered to be the employer of the farm workers who perform work for that contractor. Under s.1 of the Employment Standards Act, a person who uses the services of a farm labour contractor is considered to be a “producer”.
A producer who engages the services of an unlicensed farm labour contractor is considered to be the employer of the farm workers, for the purposes of this Act, and is liable for any unpaid wages under s.30 of the Act.
Note: Under s.39 of the Employment Standards Regulation, s.13 of the Act does not apply to a person whose employees work for, or under the control or direction of, another person in connection to silviculture or spraying or pruning fruit trees.
The producer may be deemed to be the employer of the employees from March 1 to March 31, 2007 and may be liable for all unpaid wages.
A producer who engages the services of an unlicensed farm labour contractor may be subject to a penalty under the Act.
Related sections of the Act or Regulation
For a list of licensed farm labour contractors refer to the Agriculture section of this site.
Farm workers (English,Punjabi, Hindi, French, Spanish)
Farm Labour Contractors (English) (Punjabi)