NEW rules from the provincial government from 1 July 2024 state companies in Ontario that provide temporary help to their clients, need to be licensed and many businesses and their clients are not aware!
In our seniors housing and eldercare world, ‘temporary help’ most significantly applies to privately paid home care companies that supply caregivers to assist clients in their own homes, a residence or a Long Term Care facility. These agencies can also supply staff to cover shifts of employees in retirement homes or LTC.
Up until now, there has been no regulation in Ontario governing the operation of home care companies, so ultimately anyone can start a business and provide services. However, from 1 July, in order to be able to do so, the business MUST be licensed and if not, cannot legally operate. Any temporary help company that applied for a license before 1 July can still run (unless there are extenuating circumstances), even if the license is in the process of being confirmed. Any company who applied on 1 July or after, or who has yet to apply, cannot continue to provide services*.
However, several home care organizations and retirement homes that we spoke to did not know this was now a legal requirement. It is a new provision within Bill 27 (Working for Workers Act) and falls under Employment Standards.
Solva reached out to the provincial government to better understand what this could mean for people who enlist the help of home care companies that are not licensed or allowed to operate while they get licensed. As well, what it could mean for retirement homes who use a staffing agency to fill shifts in their residences.
They shared, “If an Employment Standards Officer finds a client knowingly engaging or using an unlicensed temporary help agency, the officer can issue a Notice of Contravention with a $15,000 penalty for a first contravention. The same would go for employers or prospective employers who knowingly engage or use an unlicensed temporary help agency.”
Fines for the temporary help companies who continue to operate without a license can exceed $50,000.
The Ministry is keeping an up to date website of all of those agencies who have applied to be licensed and the status of that application. However, all of those listed are from companies who applied before the cut off date of 30 June 2024. Any companies who have applied after that date are not listed, as ultimately they do not have authority to operate.
*To access the list of those companies who are legally allowed to continue operating as a temporary help agency, click here This covers all of ON, so filter the search to ‘Ottawa’ to see local options. Alongside home care companies will also be recruitment agencies as they too are now required to be licensed.
To read more about the requirement from the ON government’s website, click here. *****************************************************************************************************************
Solva consistently goes beyond a referral service and makes sure to educate, inform and thoroughly support our clients.
For a full understanding of our services, reach out to us at any time. Always FREE and without obligation.