--000000000000f7c8b0061e146a21 Content-Type: multipart/alternative; boundary="000000000000f7c8af061e146a20" --000000000000f7c8af061e146a20 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Team, The following is the initial analysis from our Canadian counsel. "A home care agency is unlikely to be considered a =E2=80=9Ctemporary help = agency=E2=80=9D if: 1. the company can be said to be hiring employees to provide the company=E2=80=99s services to clients rather than for the purposes of pe= rforming work for a client; 2. the agreement with the client is to provide certain services for the client rather than an agreement to assign one or more of its assignment employees to perform work for the client; and 3. the work done by the employees is under the control and direction of the company rather than the client. My understanding of TheKey=E2=80=99s model is that item (a) definitely appl= ies as all the employees are hired by TheKey and (b) is likely true as well. With respect to (c), that is likely a matter of degree, but I believe that TheKey=E2=80=99s clients select certain services that they want, and then t= he employee goes to the home to provide those specific services based on service standards and requirements set out by TheKey rather than taking day to day direction for the family, so it seems that (c) is likely satisfied as well." On balance, I think we have a solid defense that we do not need a temporary help agency license for our private pay (i.e. non-staffing) services, but it's a matter of risk tolerance. Certainly the conservative route is to apply for a license for all entities. Happy to discuss further/strategize as needed. On Tue, Jul 23, 2024 at 6:02=E2=80=AFAM Timon Page = wrote: > Good morning Steve > > Just circling back to see if we have received a definitive answer on the > temporary help agency licence requirement from our Canada counsel. > > Best regards, > > Timon Page > General Manager, Ontario > *Please note my email address has changed:* > timon.page@thekey.com > Mobile: (437) 223-0841 > TheKey.com > > > > On Mon, Jul 8, 2024 at 4:54=E2=80=AFPM Steve Koyanagi > wrote: > >> Yes; I pinged our Canada counsel and will let you know what we find out. >> >> On Mon, Jul 8, 2024 at 1:53=E2=80=AFPM Timothy Thomas wr= ote: >> >>> It=E2=80=99s very nuanced. >>> >>> Steve can we get local council to assist here? If it does in fact cover >>> private home care than we will need to funnel our revenue and clients >>> through the Waterloo entity until this is resolved. >>> >>> In addition there appears to be rules governing our client consent and >>> employment agreements which would need to be updated. >>> >>> Tim Thomas >>> Head of Canada Division >>> *Please note my email has changed:* >>> tt@TheKey.com >>> (514) 591-9387 >>> TheKey.ca >>> [image: TheKey] >>> >>> >>> On Mon, Jul 8, 2024 at 9:17=E2=80=AFPM Amanda Fults >>> wrote: >>> >>>> @Sean Cygan what does this email clarify? Is it >>>> saying