Terms of Service

1.0 Introduction

The WorkPEI.ca website (“WorkPEI”) is provided by the Province of Prince Edward Island (the “Province”). WorkPEI is a public job board that is available to job seekers and employers.

WorkPEI enables job seekers to view, search and apply to job listings free of charge at their own convenience. WorkPEI enables employers to advertise and manage job listings and to search a database of job seeker profiles free of charge at their own convenience.

2.0 Availability

Due to technical and security reasons, WorkPEI job listings are not available to users living outside of Canada. In order to apply to jobs on WorkPEI, you must currently live in Canada and be a Canadian citizen, permanent resident of Canada or temporary resident who is eligible to work in Canada.

3.0 Anonymous Users

You may use WorkPEI as an Anonymous User to view program information and related content without providing any personal information.

4.0 Registered Users

Registered Users have access to additional features on WorkPEI. Participation is voluntary, however refusing to provide personal information where requested will result in you not being able to create an Account as a Registered User on WorkPEI.

To become a Registered User, you must choose a username and password and provide a valid e-mail address which will be used to allow you to access your user Account. Your preferences will be stored in your user account, but these can only be accessed by you. Your e-mail address may also be used to assist you if you forget your login information.

When creating an account on WorkPEI, applicants must self-identify as to whether they are a Job Seeker or an Employer.

PROVISIONS SPECIFIC TO USERS THAT ARE JOB SEEKERS

5.0 Obligations of Job Seekers

As a registered Job Seeker, you may log in and apply to published job listings on WorkPEI. You may also create a Profile that can be included in a searchable database made available to registered Employers on WorkPEI.

As a registered Job Seeker on WorkPEI you will be provided with a user Account. You understand and agree to the following:

You will provide accurate information in your Account and keep it updated;
You will not share your account details with others.

In the event you create a user Profile, you further understand and agree to the following:

You will not include inappropriate or offensive content in your Profile;
You will not attempt to evade completion of any required fields in your Profile;
You will only attach documents to your Profile which commonly constitute a resume or curriculum vitae and, if applicable, a cover letter for employers;

6.0 Job Seeker Profiles

As a Job Seeker you may create a Profile, but it is optional and not required to apply to jobs on WorkPEI. Your Profile acts like an online resume and can include information such as your prior work history, education, social media accounts and contact details. You may also upload and attach a traditional resume document or cover letter to your Profile.

You can adjust your Profile at any time to make it visible or hidden from employers who are searching our database of Job Seekers. You can edit or delete your Profile at any time without deleting your WorkPEI account. You may also create a new Profile at any time if you have previously deleted your Profile.

WorkPEI staff review all Profiles before they are published. Profiles which are incomplete or contain inappropriate or offensive content will not be published to the WorkPEI job seeker database. You may be contacted by WorkPEI staff with suggestions on how to improve or complete your Profile. Failure to respond to instructions from WorkPEI to remove inappropriate or offensive content from your Profile may result in removal of your Profile and termination of your Account.

PEI Government officials or agents working in partnership with the Province often use WorkPEI to help connect job seekers to employers with known job vacancies. These government officials, or agents working on their behalf, may contact you to make you aware of employment opportunities in Prince Edward Island that meet your stated qualifications, employment experience and/or educational background.

If contacted, you are under no obligation to acknowledge, pursue or accept an employment opportunity made known to you by the Province or by agents working on its behalf. If you no longer wish to be contacted by the Province or its agents in this way, you have the option to hide or delete your Profile at any time.

PROVISIONS SPECIFIC TO USERS THAT ARE EMPLOYERS

7.0 Employer Eligibility

WorkPEI is reserved for companies located and operating in Prince Edward Island. The Province reserves the right to refuse an application for membership from companies operating outside of Prince Edward Island.

8.0 Employer Validation

Employers wishing to create an Account on WorkPEI must complete a registration form. WorkPEI staff will attempt to validate information submitted by the Employer before approving the Account. WorkPEI’s validation process is designed to:

Protect employers from third parties falsely representing PEI companies on WorkPEI;
Protect job seekers from applying to fraudulent job listings posted on WorkPEI.

Information provided in the employer registration form should enable WorkPEI to determine:

The applicant has the authority to submit an application on behalf of the Employer;
The business currently exists and has an operating presence in Prince Edward Island;
The business is registered with the PEI or Federal Corporate Registry and PEI Workers Compensation Board;
The information provided is complete, accurate and current at the time of application.

WorkPEI may undertake additional validation procedures, including, but not limited to, contacting third parties to confirm information submitted.

WorkPEI reserves the right to decline any employer application that does not sufficiently meet these criteria. In addition, WorkPEI may choose, at its discretion, to refuse an employer application in the following circumstances:

The employer is based in Prince Edward Island but wishes to exclusively advertise employment opportunities located outside of PEI and/or Canada;
The employer operates solely from a home-based location;
The employer wishes to post job listings solely for work-at-home, remote work or tele-work opportunities;
The employer cannot adequately demonstrate a history of entering into employment contracts with employees;
In the opinion of WorkPEI, the employer is deemed not yet ready to enter into employment contracts with employees;
In the opinion of WorkPEI, the employer knowingly provided vague, inaccurate, incomplete or misleading information when requested by WorkPEI for purposes of validation.

Approval of Employer accounts may be delayed for reasons beyond WorkPEI’s control, or as a result of insufficient or incorrect information and/or inability to communicate with Employers. It is your responsibility to take this delay into account when registering for an Account.

9.0 Employer Obligations

You understand and agree not to use WorkPEI for any purpose other than to publish available employment opportunities and, if desired, to respond to job seekers who apply to employment opportunities that you publish on WorkPEI.

As an Employer, you may also search the resume database of Job Seekers who are Registered Users of WorkPEI. WorkPEI reserves the right to limit your use of these services, including the number of searches you may perform and/or frequency in which you contact other Registered Users through WorkPEI’s messaging services.

10.0 Publication of Job Listings

Unless a verified placement agency (see Section 11.0), only representatives of employers registered on WorkPEI may publish job listings. Employers cannot assign responsibility for posting job listings or managing their user accounts to third party organizations or individuals. WorkPEI reserves the right to refuse posting of job listings submitted by a third party who has been provided access to an Employer account. WorkPEI also reserves the right to apply this policy on a case by case basis as conditions warrant.

WorkPEI will not advertise job listings which, in the opinion of WorkPEI, may fail to comply with the PEI Employment Standards Act, PEI Human Rights Act or Canada Revenue Agency guidelines.

WorkPEI will decline or suspend any job listing it deems to be offensive, discriminatory or, in the opinion of WorkPEI, is otherwise inappropriate for publication.

WorkPEI also reserves the right to adjust or remove content where deemed inappropriate, including but not limited to: adjusting incorrect or extraneous job titles, removing excess or duplicate content, removing extraneous information and/or instructions for alternate means of applying to job listings, removing or adjusting excess sales copy or aggressive or misleading recruitment language.

You hereby authorize WorkPEI to validate any information provided by you in any job listing submitted for publishing. Job listings that fall within any of the following categories will not be approved for publication or may be removed, as the case may be:

job listings that do not conform to an employer-employee relationship;
job listings which, in the opinion of WorkPEI, use vague or misleading language regarding the type of employer-employee relationship being advertised;
job listings that charge fees to applicants;
job listings that require a monetary investment as part or all of the opportunity;
job listings that are non-paying volunteer or internship opportunities;
job listings for positions paying solely by commission;
job listings that require recruitment of others, sub-distributors or sub-agents;
job listings containing inappropriate, offensive or illegal content;
job listings with hiring practices based on gender, sexual orientation, age, religious affiliations, disability or ethnicity;
job listings requiring job seekers to participate in unpaid training as a condition of hiring;
job listings for the recruitment of replacement workers during a labour dispute;
job listings for remote employment opportunities where the employer operates exclusively outside of Prince Edward Island;
unless specifically approved by WorkPEI and in the interest of supporting economic development efforts of the Province, job listings where there are no available openings at the time of publishing (“to create a list”);
Job listings with content that WorkPEI reasonably deems to be inappropriate.

Job listings will be published on WorkPEI for 30 calendar days. After this time, the listing may no longer be displayed. Job listings may be amended by an Employer at any time during an active listing period, however all amended job listings will require re-approval by WorkPEI.

Publishing of job listings may be delayed for reasons beyond WorkPEI’s control or as a result of steps required to process the listing. This includes cases where WorkPEI have requested confirmation, clarity or additional information from the employer regarding the job listing. It is your responsibility to take this delay into account when selecting the closing date of a job listing.

Effective June 1, 2022, Employers in PEI who publish a publicly advertised job listing must include the expected pay or the range of expected pay for the position. Employers who fail to provide these details when posting a job listing on WorkPEI will be notified by email that their listing is being held for approval until such time as the expected pay information is provided.

The National Occupation Classification (“NOC”) is Canada’s national system for describing occupations. WorkPEI reserves the right to edit or replace job titles that do not conform with those included in NOC. Examples include job titles that fail to accurately represent the occupation, include extraneous information unrelated to the occupation title, or include features or benefits of the job that are not required in the occupation title.

11.0 Employment or Placement Agencies

WorkPEI reserves the right to refuse an application for membership from Employment or Placement Agencies operating outside of Prince Edward Island.

Employment or Placement Agencies (“Agencies”) may join WorkPEI as an Employer, however all job listings submitted to WorkPEI must be for positions located in Prince Edward Island. WorkPEI reserves the right to apply this policy on a case by case basis as conditions warrant.

Agents employed by a verified Agency may use WorkPEI to post jobs on behalf of clients who are Employers. In order to prove that a legitimate business relationship exists, the Agent must provide the name of the client Employer when requested in the job listing form. Failure to do so will cause the job listing to be declined, and the Agent will be notified by email to supply the Employer name before it will be published. This information will not be displayed publicly to Job Seekers.

However, in the event a Job Seeker makes an inquiry to WorkPEI requesting the name of the Employer in question, WorkPEI will contact the Agency to advise that WorkPEI will share the Employer’s name with the Job Seeker making the request for information.

PROVISIONS SPECIFIC TO ALL USERS

12.0 User Accounts

As a Registered User on WorkPEI you will be provided with a user account. You understand and agree NOT to:

misrepresent your current place of residency;
misrepresent your current or previous positions, qualifications or skills;
act dishonestly or unprofessionally;
publish inappropriate, inaccurate, or objectionable content;
create a false or alternate identity;
create a user account for anyone other than yourself (a real person);
use or attempt to use another’s account;
harass, abuse or harm another person;
send sales copy, spam or other unwelcome communications to others;
scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
disclose information that you do not have the right to disclose such as confidential information of others (including your employer);
violate the intellectual property or other rights of WorkPEI, including, without limitation, using the word “WorkPEI” or our logos in any business name, email, or URL;
override any security feature of WorkPEI;

13.0 Conditions of Use

By accessing and using WorkPEI you understand and agree that your use of this site and the Service is entirely at your own risk and that you will be liable for any failure to abide by these Terms of Service. The Province has no obligation to provide, or continue to provide, the Service to you and all functionalities of WorkPEI are provided on an “AS AVAILABLE” basis.

Without limiting the generality of the foregoing and in addition to the Warranty Disclaimer, the Province makes no representations or warranties, expressed or implied, with respect to:

WorkPEI being free of malware, including viruses, or other harmful components; and
the accuracy, completeness or currency of any information available through the Service.

The Province is not responsible and assumes no liability with respect to any of the information provided to create an account with WorkPEI or in relation to any job listing published using WorkPEI. The Province is not responsible for lost, intercepted, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled or delayed transmissions, online failures, hardware, software or other technical malfunctions or disturbances.

Although a registered Employer must be approved by the Province in order to post job listings on WorkPEI, Employers may not be who they claim to be. While the Province takes steps to make sure Employer job listings are accurate and reliable, we cannot guarantee their authenticity. As a Job Seeker, you should exercise caution and only disclose personal information that is essential for replying to any job listing.

By accessing and using WorkPEI as a Job Seeker, you understand and agree that you are also aware that a registered Employer on WorkPEI may be your current or former employer.

If any provision of these Terms of Service is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms of Service and all other provisions shall remain in full force and effect. The laws in force in the Province of Prince Edward Island, Canada will govern these Terms of Service and your use of the WorkPEI Service.

14.0 Limitation of Liability

In addition to the Province’s general Limitation of Liability, under no circumstances will the Province be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on:

any use or inability to use the WorkPEI service, or
any lack of availability or delay in using the WorkPEI service, or the publishing or removal of any job listing.

Any dispute at any time arising between you and an Employer shall be solely between you and the Employer, including any dispute that may arise between you and your current Employer. You agree to indemnify and hold harmless the Province and its successors, assigns, ministers, officers, employees and agents from any claim, action, demand, loss or damages, including lawyers’ fees, made or incurred by any third party in any way arising out of your use of WorkPEI, including as between you and the employer or your current employer.

15.0 Termination of Use

The Province of PEI adheres to the highest standards of internet protocol, is committed to providing users with websites that are respectful to the diverse needs of all users, and respects privacy, copyright, and labour laws.

Job Seekers

The Province may, without notice to you, temporarily or permanently terminate your access to WorkPEI if:

You knowingly misrepresented your current place of residency when registering or when making application to job listings on WorkPEI;
You knowingly misrepresented your current location, address information, email address or telephone number when registering or making application to job listings on WorkPEI;
You knowingly created a false or alternate identity when registering or when making application to job listings on WorkPEI;
Your user ID or password are compromised or insecure, or are suspected of being compromised or insecure;
You fail to comply with any of these terms and conditions within this Terms of Service.
For any reason that it reasonably considers could affect the safety of job seekers or representatives of WorkPEI and its partners, and the integrity of the WorkPEI website.

Employers

The Province may, without notice to you, temporarily or permanently terminate your access to WorkPEI if:

You knowingly created an Employer account without authorization from the company for which you made application;
You created an Employer account but fail to sufficiently demonstrate a readiness to legally enter into employment agreements with job seekers;
You created an Employer account but fail to provide requested information required to verify that your business is operating legally in Prince Edward Island including, but not limited to, evidence of Worker’s Compensation coverage for affected employees;
You created an Employer account but repeatedly refuse to abide by the guidelines and direction provided by WorkPEI support staff;
You attempt or successfully create a secondary user account under an alternate identify after having your original account suspended or terminated for failing to comply with these Terms of Service;
Your user ID or password are compromised or insecure, or are suspected of being compromised or insecure;
You fail to comply with any of these terms and conditions within this Terms of Service.
For any reason that it reasonably considers could affect the safety of job seekers or representatives of WorkPEI and its partners, and the integrity of the WorkPEI website.

If at any time you no longer wish to agree to be bound by these Terms of Service or for any reason wish to terminate your use of WorkPEI, you must immediately cease accessing and using WorkPEI. In addition, you must notify WorkPEI and request that we delete your account.

16.0 Employment and Labour Standards

Employers are responsible for ensuring that each job and the related job listing is in compliance with all applicable employment laws and labour standards before submitting the job listing to WorkPEI. Any job listing that may be determined by the Province to not be in compliance with the foregoing may either be removed without notice or not posted.

17.0 Security

You are responsible for keeping your WorkPEI account login information, including password, secure. You must not share this information with any third party for any purpose.

18.0 Privacy

Personal information collected by the WorkPEI website is collected under section 31(c) of Prince Edward Island’s Freedom of Information and Protection of Privacy (FOIPP) Act for the purpose of providing you with access to job publishing resources. If you have questions about the collection of personal information, call the Provincial Manager, Access and Privacy Services at 902-569-0568.

In the event that you are accessing WorkPEI from outside of Canada, you hereby consent to your personal information being accessed from outside of Canada. You also understand and agree that any non-personal information provided by you through your use of WorkPEI may be used anonymously, in aggregate form only, for program review, analysis and reporting and for statistical research purposes.

19.0 Data Retention

WorkPEI manages user generated data that is processed and stored on its web server. To maintain efficient operation and performance of the website and to ensure we don’t retain user data any longer than is reasonably required, WorkPEI routinely exports the data to a secure location on the provincial government network. Once archived on the government network, the information is then removed from the WorkPEI web server

WorkPEI’s data retention schedule is published online. Users are updated in advance of any potential archival of their user generated data on WorkPEI.

20.0 Amendments

These Terms of Service govern the use of WorkPEI. The Province reserves the right to modify these Terms of Service at any time without notice being provided directly to you. You understand and agree that it is your responsibility to consult the Terms of Service on a regular basis to become aware of any modifications that have been made. If you do not agree to be bound by such modified terms, your sole remedy is to cease using WorkPEI.

21.0 Terms of Service Agreement

By activating the “I Agree to the Terms of Service” radio button in the registration form on WorkPEI, you are confirming that you have read, understood and agree to be bound by these Terms of Service for WorkPEI. If you do not agree to be bound by these Terms of Service, you must not access this website or use WorkPEI.