--000000000000b0d261061cc29fa5 Content-Type: multipart/alternative; boundary="000000000000b0d260061cc29fa4" --000000000000b0d260061cc29fa4 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable 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 wrote= : > 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 that under our business as a home care agency we have to have the >> THA license? >> >> On Mon, Jul 8, 2024 at 3:14=E2=80=AFPM Sean Cygan wr= ote: >> >>> 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 separa= te >>> 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 clie= nts >>> 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 entity (=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, par= tnership >>> and individual/sole proprietorship =E2=80=94 who, for a fee >>> , >>> finds or attempts to find employment (whether the employment is tempora= ry >>> or permanent) in Ontario for prospective employees, or finds or attempt= s 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