RELIEF CARE INC.
Facility Customer Addendum
Supplemental terms for institutional Care Seekers (long-term care homes, retirement homes, hospitals, clinics, Ontario Health Teams, Health Service Providers, and other entities)
1. Application of This Addendum
This Addendum applies to any Care Seeker that is:
- a long-term care home licensee under the Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sch. 1;
- a retirement home licensee under the Retirement Homes Act, 2010, S.O. 2010, c. 11;
- a hospital under the Public Hospitals Act, R.S.O. 1990, c. P.40;
- a clinic, community health centre, or community paramedicine program;
- an Ontario Health Team or Health Service Provider under the Connecting Care Act, 2019; or
- any other entity engaging Care Givers through the Services for the provision of healthcare services in an institutional setting.
Each such Care Seeker is referred to as a “Facility Customer.”
2. PHIPA Allocation
2.1 Facility Customer is the Health Information Custodian
The Facility Customer represents and warrants that, in respect of any patient, resident, client, or other individual to whom care services are provided in connection with engagements made through the Services, the Facility Customer (or another entity within the Facility Customer’s organization) is the Health Information Custodian under PHIPA. The Facility Customer remains solely responsible for its PHIPA obligations and the obligations of its agents (including any Care Giver acting as the Facility Customer’s agent in the provision of care services).
2.2 Relief Care Is NOT a HIC, ESP, or HINP for the Facility Customer
The Facility Customer acknowledges and agrees that:
- Relief Care is not a Health Information Custodian.
- Relief Care does not act as the Facility Customer’s agent for any purpose under PHIPA.
- Relief Care does not act as an Electronic Service Provider (ESP) within the meaning of O. Reg. 329/04 s. 6(1) for the Facility Customer.
- Relief Care does not act as a Health Information Network Provider (HINP) within the meaning of O. Reg. 329/04 s. 6(2) for the Facility Customer.
- Relief Care’s role is limited to providing the marketplace and payment infrastructure described in the Terms of Use.
2.3 No PHI on the Platform
The Facility Customer will not (and will direct its personnel and any Care Giver engaged through the Services not to) transmit Personal Health Information through the platform. PHI exchanged in connection with care services must be handled directly between the Care Giver and the Facility Customer outside the platform, in compliance with PHIPA.
3. Vulnerable Sector Check Allocation
The Facility Customer is the entity legally responsible for screening personnel under applicable law, including:
- section 81 of the Fixing Long-Term Care Act, 2021 and section 252 of O. Reg. 246/22 (LTC homes);
- section 64 of the Retirement Homes Act, 2010 and section 13 of O. Reg. 166/11 (retirement homes); and
- any other applicable legislation, regulation, regulatory order, or funding-agreement requirement.
The Facility Customer agrees to obtain or verify, for each Care Giver engaged through the Services for any position falling within the foregoing requirements, a Vulnerable Sector Check obtained within the period required by applicable law (typically within 6 months of engagement).
The Facility Customer acknowledges that under federal Criminal Records Act s. 6.3(8), a VSC obtained for one position assessment may not be lawfully re-used or re-communicated for a different position assessment, and that each engagement may legally require its own VSC request initiated by the Facility Customer.
Any VSC status confirmation displayed by Relief Care on a Care Giver’s profile is for informational reference only. The Facility Customer is responsible for the lawful processing of VSC results in respect of its own engagements.
4. Workplace Safety; WSIB; OHSA
The Facility Customer is responsible for:
- compliance with the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and applicable regulations in respect of any place of care over which the Facility Customer has control;
- ensuring its WSIB obligations are met, including any premiums, accident reporting, and return-to-work obligations under the Workplace Safety and Insurance Act, 1997;
- providing a safe working environment for any Care Giver engaged through the Services to attend at the Facility Customer’s premises;
- any required orientation, training, badge access, and emergency procedures; and
- any required infection-prevention-and-control measures.
5. Employment-Status and ESA Allocation
The Facility Customer acknowledges that the classification of any Care Giver in the Care Services Agreement (independent contractor, employee, dependent contractor) is determined by the facts of the engagement, including the degree of control exercised by the Facility Customer. Relief Care does not determine that classification, is not the employer of the Care Giver, and is not a temporary help agency under Part XVIII.1 of the Employment Standards Act, 2000 in respect of the engagement.
If the Facility Customer’s exercise of control results in the Care Giver being characterized as the Facility Customer’s employee for any purpose under applicable law, the Facility Customer assumes all consequences of that characterization (including pay, benefits, termination, and statutory remittances) and indemnifies Relief Care against any related claim.
The Facility Customer further acknowledges that: (a) Relief Care has described to it the marketplace structure set out in the Terms of Use — including the two-contract structure, the Care Seeker’s selection of the Care Giver, the absence of assignment or direction of Care Givers by Relief Care, and the limited payment collection agency in Section 10.1 of the Terms of Use — and that this structure is materially different from that of a temporary help agency, which employs workers and assigns its employees to perform work for clients; (b) on that basis, Relief Care does not hold, and takes the position that it is not required to hold, a licence under Part XVIII.1 of the Employment Standards Act, 2000, and is not a “health care facility staffing agency” within the meaning of the Health Care Staffing Agency Reporting Act, 2025, which applies to temporary help agencies that assign prescribed persons to health care facilities (enacted June 5, 2025; its reporting obligations take effect on proclamation and as prescribed by regulation); and (c) the Facility Customer remains responsible for its own assessment of its obligations when engaging workers through any channel. If applicable law or its interpretation changes such that Relief Care becomes subject to licensing or reporting obligations of that kind, Relief Care will take commercially reasonable steps to comply and will notify affected Facility Customers.
6. Enhanced Indemnification
In addition to the indemnification in Section 13.6 of the Terms of Use, the Facility Customer agrees to indemnify, defend, and hold harmless Relief Care from any claim, loss, damage, liability, cost, or expense (including reasonable legal fees) arising from or related to:
- the Facility Customer’s failure to comply with PHIPA, the Fixing Long-Term Care Act, 2021, the Retirement Homes Act, 2010, OHSA, WSIA, the Connecting Care Act, 2019, or any other applicable healthcare or employment legislation;
- the Facility Customer’s failure to obtain or verify a VSC for any Care Giver engaged through the Services where one is required;
- the Facility Customer’s failure to provide a safe working environment for a Care Giver engaged through the Services; and
- any allegation that Relief Care is the agent, ESP, or HINP of the Facility Customer in respect of PHI handled outside the platform.
7. Dispute Resolution
Disputes between Relief Care and a Facility Customer are subject to the mandatory arbitration provision in Section 14.4 of the Terms of Use. The Facility Customer is not a Consumer for the purposes of the Consumer Protection Act, 2002 and is bound by the arbitration agreement and the class-action waiver in the Terms of Use.
8. Acceptance
By using the Services as a Business Care Seeker engaged in healthcare service delivery, the Facility Customer accepts this Addendum on behalf of the institution. The individual accepting these Terms on behalf of the institution represents that they have authority to bind the institution.