--000000000000bd18a1061e1855dc Content-Type: multipart/alternative; boundary="000000000000bd18a0061e1855db" --000000000000bd18a0061e1855db Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Thank you Tim. On Thu, Jul 25, 2024 at 1:27=E2=80=AFPM Timothy Thomas wrot= e: > Thanks Steve. > > I'm ok with proceeding as is for now. > > On Thu, Jul 25, 2024 at 11:55=E2=80=AFAM Steve Koyanagi > wrote: > >> Team, >> >> The following is the initial analysis from our Canadian counsel. >> >> "A home care agency is unlikely to be considered a =E2=80=9Ctemporary he= lp >> 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= performing >> 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 assi= gnment >> 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 a= pplies as >> all the employees are hired by TheKey and (b) is likely true as well. W= ith >> 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 the= n the >> 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 satisfie= d >> 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 conservativ= e >> 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 th= e >>> 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 = 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 c= lients >>>>> through the Waterloo entity until this is resolved. >>>>> >>>>> In addition there appears t