Re: Temp help agency licence

Thanks for the info. Our compliance team will do a little more digging then
and move forward as needed.

On Mon, Jul 8, 2024 at 12:04 PM Timon Page <timon.page@thekey.com> wrote:

> Hi again,
>
> I respectfully disagree. Here is a link to the government portal that
> lists all THA applications:
>
>
> https://www.tha.labour.gov.on.ca/portal/s/public-facing-status-page?language=en_US
>
> From what I can see, all Ontario Home Instead entities are there (28),
> Right At Home (23), as are Comfort Keepers, Nurse Next Door, Senior
> Helpers, etc.. TheKey has an application in for the Waterloo office.
>
> Best regards,
> Timon Page
> General Manager, Ontario
> *Please note my email address has changed:*
> timon.page@thekey.com
> Mobile: (437) 223-0841
> TheKey.com <https://thekey.com/>
> <https://thekey.com>
>
>
> On Mon, Jul 8, 2024 at 2:03 PM Steve Koyanagi <skoyanagi@thekey.com>
> wrote:
>
>> That's my assessment as well. Sean is looking into this further and will
>> circle back asap.
>>
>> On Mon, Jul 8, 2024 at 10:10 AM Timothy Thomas <tt@thekey.com> wrote:
>>
>>> In my opinion home care is not a temporary placement.
>>>
>>> Steve?
>>>
>>> Tim Thomas
>>> Head of Canada Division
>>> *Please note my email has changed:*
>>> tt@TheKey.com <tt@thekey.com>
>>> (514) 591-9387
>>> TheKey.ca <https://www.thekey.ca/>
>>> [image: TheKey] <https://www.thekey.com/>
>>>
>>>
>>> On Mon, Jul 8, 2024 at 5:58 PM Sean Cygan <scygan@thekey.com> wrote:
>>>
>>>> This is what I found.
>>>>
>>>> Who is required to have a licence
>>>>
>>>> The licensing requirements apply to temporary help agencies and
>>>> recruiters. These terms are defined in the ESA and its regulations.
>>>> Temporary help agencies
>>>>
>>>> A temporary help agency is an employer that employs persons for the
>>>> purpose of assigning them to perform work on a temporary basis for clients
>>>> of the employer. If a temporary help agency is located outside of Ontario,
>>>> but assigns employees to work in Ontario, the licensing requirements will
>>>> also apply.
>>>>
>>>> Learn more about what is a temporary help agency under the ESA
>>>> <https://www.ontario.ca/document/your-guide-employment-standards-act-0/temporary-help-agencies>
>>>> .
>>>> Recruiters
>>>>
>>>> A recruiter is any person - which includes a corporation, partnership
>>>> and individual/sole proprietorship - who, for a fee, finds or attempts to
>>>> find employment (whether the employment is temporary or permanent) in
>>>> Ontario for prospective employees, or finds, or attempts 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’s position
>>>>    - an employer who finds or attempts to find employees to be
>>>>    employed by the employer
>>>>    - certain educational institutions that find or attempt to find
>>>>    employment in Ontario for its students or alumni
>>>>    - a trade union
>>>>    - a registered charity
>>>>    - a person who:
>>>>       - is party to an agreement with the Crown in right of Ontario,
>>>>       the Crown in right of Canada or a municipality to find or attempt to find
>>>>       employment in Ontario for prospective employees or to find or attempt to
>>>>       find employees for prospective employers in Ontario, and
>>>>       - does not perform these functions outside of those government
>>>>       agreements
>>>>    - a person who:
>>>>       - finds or attempts to find employment in Ontario for
>>>>       prospective employees who are eligible to receive services and supports
>>>>       under the Services and Supports to Promote the Social Inclusion
>>>>       of Persons with Developmental Disabilities Act, 2008
>>>>       <https://www.ontario.ca/laws/statute/08s14> and who receive
>>>>       funding to purchase those services and supports in accordance with a
>>>>       program funded by the Ministry of Children, Community and Social Services,
>>>>       and
>>>>       - doesn’t find or attempt to find employment in Ontario for
>>>>       prospective employees except in those circumstances
>>>>
>>>> A recruiter does not have to be located in Ontario for the licensing
>>>> requirements to apply.
>>>>
>>>> Learn more about who is a recruiter under the ESA
>>>> <https://www.ontario.ca/laws/regulation/230099>.
>>>> Every legal entity must apply separately
>>>>
>>>> Every legal entity that operates as a temporary help agency or that
>>>> acts as a recruiter must apply for a licence. Legal entities that are
>>>> treated as one employer under section 4 of the Employment Standards
>>>> Act, 2000 must apply separately.
>>>>
>>>> If a legal entity operates as a temporary help agency and acts as a
>>>> recruiter, it must submit two separate applications: one to operate as a
>>>> temporary help agency and one to act as a recruiter.
>>>> Important dates for licensing requirements
>>>>
>>>> Temporary help agencies and recruiters are prohibited from operating
>>>> without a licence starting July 1, 2024, unless the transitional rule
>>>> applies.
>>>> Transitional rule for applications submitted before July 1, 2024
>>>>
>>>> If you submitted your application before July 1, 2024 and have not
>>>> received a decision on your application from the ministry by July 1, 2024,
>>>> you are allowed to continue to operate as a temporary help agency or act as
>>>> a recruiter on and after July 1, 2024. This applies until the ministry
>>>> notifies you either that a licence has been issued or that the application
>>>> for a licence has been refused.
>>>>
>>>> Learn what happens if your application is refused
>>>> <https://www.ontario.ca/page/licensing-temporary-help-agencies-and-recruiters#application>
>>>> .
>>>> Applications submitted on or after July 1, 2024
>>>>
>>>> If you apply on or after July 1, 2024, you are prohibited from
>>>> operating as a temporary help agency or acting as a recruiter unless and
>>>> until the ministry issues a licence to you.
>>>>
>>>> Violations of the licensing provisions in the ESA may result in
>>>> enforcement action, which can include:
>>>>
>>>>    - ordering compliance
>>>>    - issuing monetary penalties
>>>>    - prosecution
>>>>
>>>>
>>>> On Mon, Jul 8, 2024 at 9:12 AM Timothy Thomas <tt@thekey.com> wrote:
>>>>
>>>>> Thanks Timon.
>>>>>
>>>>> The question is whether or not the language within the permit
>>>>> requirements covers home care services or only augmented staffing?
>>>>>
>>>>> Tim Thomas
>>>>> Head of Canada Division
>>>>> *Please note my email has changed:*
>>>>> tt@TheKey.com <tt@thekey.com>
>>>>> (514) 591-9387
>>>>> TheKey.ca <https://www.thekey.ca/>
>>>>> [image: TheKey] <https://www.thekey.com/>
>>>>>
>>>>>
>>>>> On Mon, Jul 8, 2024 at 5:09 PM Timon Page <timon.page@thekey.com>
>>>>> wrote:
>>>>>
>>>>>> Hi Sean
>>>>>>
>>>>>> I believe Tim is in transit so I will interject here. The last three
>>>>>> entities are located in the province of Ontario and are therefore the ones
>>>>>> we want confirmation that they are in compliance with current
>>>>>> provincial-specific requirements.
>>>>>>
>>>>>> Best regards,
>>>>>> Timon Page
>>>>>> General Manager, Ontario
>>>>>> *Please note my email address has changed:*
>>>>>> timon.page@thekey.com
>>>>>> Mobile: (437) 223-0841
>>>>>> TheKey.com <https://thekey.com/>
>>>>>> <https://thekey.com>
>>>>>>
>>>>>>
>>>>>> On Mon, Jul 8, 2024 at 11:48 AM Sean Cygan <scygan@thekey.com> wrote:
>>>>>>
>>>>>>> Hi Tim,
>>>>>>>
>>>>>>> Confirming these are the correct entities?
>>>>>>>
>>>>>>> [image: image.png]
>>>>>>>
>>>>>>> On Mon, Jul 8, 2024 at 8:41 AM Amanda Fults <amanda.fults@thekey.com>
>>>>>>> wrote:
>>>>>>>
>>>>>>>> Thanks Tim and Steve.
>>>>>>>> @Sean Cygan <scygan@thekey.com> can you please look into this and
>>>>>>>> make sure we have licenses that cover all entities if applicable?
>>>>>>>>
>>>>>>>> On Mon, Jul 8, 2024 at 10:01 AM Steve Koyanagi <
>>>>>>>> skoyanagi@thekey.com> wrote:
>>>>>>>>
>>>>>>>>> Thanks, Tim. Looping in our compliance
>>>>>>>>> team as this is within their purview. Amanda, can you weigh in on
>>>>>>>>> this?
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Steve Koyanagi
>>>>>>>>> Assistant General Counsel
>>>>>>>>> * Please note my email has changed: *
>>>>>>>>> skoyanagi@thekey.com
>>>>>>>>> <https://brand.thekey.com/esg/skoyanagi@thekey.com>
>>>>>>>>> 650-722-6476
>>>>>>>>> TheKey.com <https://www.thekey.com/>
>>>>>>>>> [image: TheKey] <https://homecareassistance.com/>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> On Mon, Jul 8, 2024 at 7:36 AM Timothy Thomas <tt@thekey.com>
>>>>>>>>> wrote:
>>>>>>>>>
>>>>>>>>>> Good morning Steve,
>>>>>>>>>>
>>>>>>>>>> You may recall we met on this topic last year.
>>>>>>>>>>
>>>>>>>>>> Our new GM in Toronto is concerned that the new Ontario agency
>>>>>>>>>> permit covers all home care services and not only augmented staffing.
>>>>>>>>>>
>>>>>>>>>> We have applied under only one entity, Arya Healthy Living Inc.
>>>>>>>>>>
>>>>>>>>>> See below and let me know what you think.
>>>>>>>>>> Thanks.
>>>>>>>>>>
>>>>>>>>>> Tim Thomas
>>>>>>>>>> Head of Canada Division
>>>>>>>>>> *Please note my email has changed:*
>>>>>>>>>> tt@TheKey.com <tt@thekey.com>
>>>>>>>>>> (514) 591-9387
>>>>>>>>>> TheKey.ca <https://www.thekey.ca/>
>>>>>>>>>> [image: TheKey] <https://www.thekey.com/>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> ---------- Forwarded message ---------
>>>>>>>>>> From: Timon Page <timon.page@thekey.com>
>>>>>>>>>> Date: Mon, Jul 8, 2024 at 3:24 PM
>>>>>>>>>> Subject: Temp help agency licence
>>>>>>>>>> To: Timothy Thomas <tt@thekey.com>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> Hey Tim
>>>>>>>>>>
>>>>>>>>>> Here is the link to the legislation a