--000000000000528cec061de9c7f4 Content-Type: multipart/alternative; boundary="000000000000528ceb061de9c7f3" --000000000000528ceb061de9c7f3 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable 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 wro= te: > >> 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 th= e >>> THA license? >>> >>> On Mon, Jul 8, 2024 at 3:14=E2=80=AFPM Sean Cygan w= rote: >>> >>>> 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 sep= arate >>>> 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 cli= ents >>>> 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 temporar= y >>>> 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, >>>> partnership and individual/sole proprietorship =E2=80=94 who, for a fe= e >>>> , >>>> finds or attempts to find employment (whether the employment is tempor= ary >>>> or permanent) in Ontario for prospect