Retirement Homes Act, 2010

PART I INTERPRETATION

1 The fundamental principle to be applied in the interpretation of this Act and any regulation, order or other document made under this Act is that a retirement home is to be operated so that it is a place where residents live with dignity, respect, privacy and autonomy, in security, safety and comfort and can make informed choices about their care options. 2010, c. 11, s. 1.

2 (1) In this Act, “abuse”, in relation to a resident, means physical abuse, sexual abuse, emotional abuse, verbal abuse or financial abuse, as may be defined in the regulations in each case; (“mauvais traitement”) “administrative penalty” means an administrative penalty imposed under section 93; (“pénalité administrative”) “Authority” means the Retirement Homes Regulatory Authority established under section 10; (“Office”) “board” means the board of directors of the Authority; (“conseil”) “care service” means, (a) a prescribed health care service provided by a member of a College as defined in the Regulated Health Professions Act, 1991, (b) administration of a drug, as defined in the Drug and Pharmacies Regulation Act, or another substance, (c) assistance with feeding, (d) assistance with bathing, (e) continence care, (f) assistance with dressing, (g) assistance with personal hygiene, (h…

3 (1) For the purposes of this Act and without limiting the meaning of “controlling interest”, (a) a person has a controlling interest in a corporation if, (i) the person, either alone or with one or more associates, directly or indirectly owns, beneficially or otherwise, other than by way of security only, voting shares of the corporation carrying more than 50 per cent of the votes for the election of directors, and (ii) the votes carried by such shares are sufficient, if exercised, to elect a majority of the board of directors of the corporation; (b) a person has a controlling interest in an entity that is not a corporation if the person, either alone or with one or more associates, has the direct or indirect right or ability, beneficially or otherwise, to direct the management and policies of the entity; and (c) a person has a controlling interest in a second person if the person, eit…

4 A reference in this Act to contravention of a requirement under this Act means contravention of or non-compliance with any of the following, and a reference in this Act to compliance with the requirements under this Act means compliance with all of the following: 1. The provisions of this Act or the regulations. 2. The obligations, terms, conditions, limitations and restrictions prescribed for the licence held by the licensee. 3. The conditions imposed by the Registrar on the licensee’s licence. 4. The orders issued by the Registrar to the licensee under this Act. 2010, c. 11, s. 4.

5 Any expression in this Act referring to rooms in a retirement home that are being used as living quarters for one or more residents does not include any common area in the retirement home or any area used by its staff. 2010, c. 11, s. 5.

6 For the purposes of this Act, a decision or order shall be considered to have become final when no further reviews or appeals are available with respect to the decision or order. 2010, c. 11, s. 6.

7 If the regulations prescribe classes of licence, a reference in this Act or the regulations to a refusal to issue a licence to an applicant includes a refusal to issue a licence of the specific class of licence for which the applicant applied. 2010, c. 11, s. 7.

8 A reference in this Act or the regulations to the imposition of a condition on a licensee’s licence includes a refusal to remove a condition from a licensee’s licence. 2010, c. 11, s. 8.

part Ii Retirement Homes Regulatory Authority

Definition

9 In this Part, “consumer” means a resident, a family member of a resident, a person of importance to a resident, a representative of a seniors’ organization or an individual who advocates for seniors. 2010, c. 11, s. 9.

Corporation

10 A corporation without share capital is established under the name Retirement Homes Regulatory Authority in English and Office de réglementation des maisons de retraite in French. 2010, c. 11, s. 10.

11 (1) The Authority is composed of the members of its board of directors. 2010, c. 11, s. 11 (1). Same (2) A person ceases to be a member of the Authority when he or she ceases to be a director of the Authority. 2010, c. 11, s. 11 (2).

12 (1) The Authority shall have a board of directors which shall manage or supervise the management of the affairs of the Authority. 2010, c. 11, s. 12 (1). Composition (2) The board shall consist of nine directors unless the number is changed by order of the Minister under subsection (3). 2010, c. 11, s. 12 (2). Change in number of directors (3) The Minister may, by order, increase or decrease the number of directors on the board. 2010, c. 11, s. 12 (3). Appointed directors (4) The Lieutenant Governor in Council may appoint directors to the board. 2010, c. 11, s. 12 (4). Not majority (5) The Lieutenant Governor in Council shall ensure, when appointing directors under subsection (4), and the Minister shall ensure, when increasing or decreasing the number of directors under subsection (3), that the directors appointed by the Lieutenant Governor in Council do not constitute a majority of t…

13 Repealed: 2021, c. 39, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 1 - 09/12/2021

14 (1) The board may make by-laws for the management of the Authority and for the conduct and administration of the Authority’s affairs. 2010, c. 11, s. 14 (1). Same, elected directors (2) The board shall make a by-law regarding who can serve as directors elected to the board, the criteria for their nomination, the process for their election, the length of their term and whether they can be re-elected. 2010, c. 11, s. 14 (2). Minister’s approval required (3) The board may make a by-law described in subsection (2) only with the approval in writing of the Minister. 2010, c. 11, s. 14 (3). Available to the public (4) The Authority shall make the by-laws available for public inspection within the time specified in the memorandum of understanding or, if no time is specified in the memorandum of understanding, within 30 days after they are made by the board. 2020, c. 14, Sched. 7, s. 2. Sectio…

15 (1) In the event of conflict between any provision of this Act or the regulations and any provision of the Not-for-Profit Corporations Act, 2010 or the Corporations Information Act or of a regulation made under either of those Acts, the provision of this Act or the regulations prevails. 2010, c. 11, s. 15; 2017, c. 20, Sched. 8, s. 126. Conflict, Minister’s order (2) In the event of a conflict, a Minister’s order made under this Act prevails over the memorandum of understanding and the Authority’s by-laws and resolutions. 2020, c. 14, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 126 - 19/10/2021 2020, c. 14, Sched. 7, s. 3 - 14/07/2020

Objects, Powers and Duties

16 The objects of the Authority are, (a) to administer this Act and the regulations, including overseeing their enforcement, for the purpose of ensuring that retirement homes are operated in accordance with this Act and the regulations; (b) to educate licensees, consumers and the public about matters relating to this Act and the regulations, including the requirements applicable to licensees, the prescribed care and safety standards for retirement homes, the rights of residents and best practices for the operation of retirement homes; (c) to provide information about retirement homes; (d) to advise the Minister on policy matters relating to retirement homes; (d.1) to suggest to the Minister amendments to Ontario legislation that it considers would further the purposes of this Act or would assist the Authority in administering the Act and the regulations; and (e) to carry out any other du…

17 The Authority has the capacity and the rights, powers and privileges of a natural person, except as limited by this Act or the regulations. 2010, c. 11, s. 17.

18 (1) The Minister and the Authority shall enter into a memorandum of understanding, which must, at a minimum, (a) set out requirements relating to the governance of the Authority; (b) set out requirements with which the Authority shall comply in connection with its administration of this Act and the regulations, including a requirement that the Authority maintain adequate insurance against liability arising out of its administration of this Act and the regulations; (c) set out requirements with which the Authority shall comply in connection with carrying out its other objects; and (d) set out the financial terms of the administration of this Act. 2010, c. 11, s. 18 (1); 2020, c. 14, Sched. 7, s. 5 (1). Conflict (2) In the event of conflict between any provision of this Act or the regulations and any provision of the memorandum of understanding, by-laws and resolutions, the provision of…

19 (1) If the Minister considers it in the public interest to do so, the Minister may issue policy directions to the Authority relating to its administration of this Act and the regulations after giving the Authority the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 7, s. 6. Part of MOU (1.1) The policy directions issued under subsection (1) are deemed to form part of the memorandum of understanding. 2020, c. 14, Sched. 7, s. 6. Compliance with directions (2) The Authority shall comply with the directions given by the Minister under this section. 2010, c. 11, s. 19 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 6 - 14/07/2020

19.1 The Minister may require the Authority to, (a) establish one or more advisory committees; (b) include, as members of an advisory committee, at least one consumer representative of the retirement home sector and any other individuals that the board selects or that the Minister determines; or (c) undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act. 2017, c. 25, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 3 - 12/12/2017

19.2 (1) The Minister may, (a) require that policy, legislative or regulatory reviews related to the powers and duties of the Authority under this Act, the regulations or the memorandum of understanding be carried out, (i) by or on behalf of the Authority, or (ii) by a person or entity specified by the Minister; or (b) require that reviews of the Authority, of its operations or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i) by or on behalf of the Authority, or (ii) by a person or entity specified by the Minister. 2017, c. 25, Sched. 10, s. 3. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the Authority shall give the person or entity specified by the Minister and the employees and agents of the person or entity access to all records and other information required…

19.3 (1) The Authority shall promptly inform and advise the Minister with respect to, (a) any information that could affect the Authority’s ability to perform its duties under this Act and the regulations; and (b) any urgent or critical matter that is likely to require action by the Minister. 2020, c. 14, Sched. 7, s. 8. Same (2) The Authority shall advise or report to the Minister, within the time period that the Minister specifies, on any matter that the Minister refers to it and that relates to this Act and the regulations. 2020, c. 14, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 8 - 14/07/2020

19.4 The Minister may consult with the Authority about proposed legislative or policy changes that may affect the Authority and its activities. 2020, c. 14, Sched. 7, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 8 - 14/07/2020

20 In connection with administering this Act and the regulations, the Authority may require the use of forms developed by it. 2010, c. 11, s. 20.

21 (1) The Authority may set and charge fees, costs or other charges in relation to anything that the Authority does in administering this Act and the regulations or anything that the Registrar does under this Act and the regulations, as long as the decisions to set and charge are made in accordance with processes and criteria that the Authority establishes and that the Minister approves. 2020, c. 14, Sched. 7, s. 9 (1). Exception (2) The Authority shall not set or charge any fees, costs or charges payable by a person for making a complaint described in subsection 83 (1) to the Registrar. 2020, c. 14, Sched. 7, s. 9 (1). Setting fees, etc. (3) In setting the fees, costs and charges described in subsection (1), the Authority may specify their amounts or the method for determining the amounts. 2020, c. 14, Sched. 7, s. 9 (1). Collection (4) The Authority may, (a) set the time and manner of…

22 (1) The Authority may employ or retain the services of the qualified persons that it considers necessary for the administration of this Act and the regulations, the carrying out of the Authority’s other objects, and the fulfilment of its obligations under the memorandum of understanding. 2010, c. 11, s. 22 (1); 2017, c. 25, Sched. 10, s. 4. Not employees of the Crown (2) The employees of the Authority are not and shall not be deemed to be employees of the Crown. 2010, c. 11, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 4 - 12/12/2017

22.1 The Authority shall follow the prescribed processes and procedures with respect to providing access to the public to records of the Authority and with respect to managing personal information contained in those records. 2020, c. 14, Sched. 7, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 5 - 12/12/2017 2020, c. 14, Sched. 7, s. 10 - 14/07/2020

22.2 (1) The Minister may, by order, require the Authority to make available to the public, on its website and by any other means that the Authority determines, any information specified by the Minister relating to, (a) the compensation that the Authority pays to members of the board, its officers and its employees; and (b) any other payments that the Authority makes or is required to make to the persons mentioned in clause (a). 2020, c. 14, Sched. 7, s. 11. Information for prior period (2) An order made under subsection (1) may require that the Authority make information referred to in that subsection available to the public with respect to a period that began before the day this section came into force, where the information relates to a member of its board, an officer or employee who was in office or employed on the day this section came into force. 2020, c. 14, Sched. 7, s. 11. Effec…

22.3 (1) The Minister shall publish any orders the Minister makes under this Act on a website of the Government of Ontario. 2020, c. 14, Sched. 7, s. 12. Not regulations (2) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to orders made by the Minister under this Act. 2020, c. 14, Sched. 7, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 12 - 01/07/2021

23 (1) The board shall appoint a Registrar who shall perform the duties assigned to the Registrar under this Act and by the board. 2010, c. 11, s. 23 (1). No hearing required (2) Subject to the regulations, the Registrar is not required to hold a hearing or to afford a person an opportunity for a hearing before doing anything under this Act. 2010, c. 11, s. 23 (2). Non-application of Statutory Powers Procedure Act (3) The Statutory Powers Procedure Act does not apply to anything done by the Registrar under this Act. 2010, c. 11, s. 23 (3).

23.1 (1) The board may appoint a maximum of two Deputy Registrars who shall perform the duties that the Registrar assigns and shall act as the Registrar in the Registrar’s absence. 2017, c. 25, Sched. 10, s. 6. If more than one Deputy Registrar (2) If more than one Deputy Registrar is appointed, only one Deputy Registrar may act as the Registrar under subsection (1) at any one time. 2017, c. 25, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 6 - 12/12/2017

24 (1) The board shall, with the approval of the Minister, appoint a Risk Officer by a resolution approved by at least two-thirds of the members of the board. 2010, c. 11, s. 24 (1). Removal from office (2) The Risk Officer may be removed from office only by a resolution approved by at least two-thirds of the members of the board. 2010, c. 11, s. 24 (2). Duties and powers (3) The Risk Officer, (a) shall review, and assess the effectiveness of, the Authority’s administration of this Act and the regulations, including the Authority’s activities and proposed activities related to ensuring that licensees meet the care standards and safety standards set out in this Act and the regulations and respect the rights of residents set out in this Act and the regulations; and (b) shall perform the other duties and may exercise the other powers that are prescribed. 2010, c. 11, s. 24 (3). Required rep…

25 (1) The board shall appoint a Complaints Review Officer by a resolution approved by at least two-thirds of the members of the board. 2010, c. 11, s. 25 (1). Removal from office (2) The Complaints Review Officer may be removed from office only by a resolution approved by at least two-thirds of the members of the board. 2010, c. 11, s. 25 (2).

26 The Authority, (a) with the approval of the Minister, shall establish a code of ethics that includes rules respecting conflicts of interest, political activity and disclosure of wrongdoing; (b) shall ensure that the code of ethics is complied with by every director and officer of the Authority, every inspector and every other person employed, retained or appointed by the Authority; and (c) shall ensure that the code of ethics is available for public inspection. 2010, c. 11, s. 26.

27 (1) A fund is established under the name Retirement Homes Regulatory Authority Emergency Fund in English and Fonds d’urgence de l’Office de réglementation des maisons de retraite in French. 2010, c. 11, s. 27 (1). Same (2) The Authority shall make payments into the Fund, hold the property of the Fund in trust, make payments out of the Fund, require repayment to the Fund and otherwise administer and manage the Fund in accordance with the regulations. 2010, c. 11, s. 27 (2).

28 (1) No action or other proceeding shall be instituted against a director or officer of the Authority, an inspector or any other person employed, retained or appointed by the Authority for any act done in good faith in the execution or intended execution of any duty imposed or power conferred by this Act or the regulations, or for any alleged omission in the execution in good faith of that duty or power. 2010, c. 11, s. 28 (1). Liability of the Authority (2) Subsection (1) does not relieve the Authority of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection. 2010, c. 11, s. 28 (2).

29 (1) The Authority, the members, directors and officers of the Authority, the inspectors and the other persons employed, retained or appointed by the Authority are not agents of the Crown and shall not hold themselves out as agents of the Crown. 2010, c. 11, s. 29 (1). Same (2) The directors mentioned in subsection (1) include directors appointed by the Lieutenant Governor in Council. 2010, c. 11, s. 29 (2).

30 (1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order. 2020, c. 14, Sched. 7, s. 13 (1). Same (1.1) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1). 2020, c. 14, Sched. 7, s. 13 (1). Application (1.2) Without limiting the ge…

30.1 (1) No action or other proceeding shall be instituted against an employee of the Crown or a former employee for any act done in good faith in the exercise or intended exercise or performance of any duty or power under this Act, the regulations or a Minister’s order or for any alleged neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 7, s. 14. Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject. 2020, c. 14, Sched. 7, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 14 - 14/07/2020

31 (1) The Authority shall give the Minister an annual report about its activities and financial affairs. 2020, c. 14, Sched. 7, s. 15 (1). Form and content (2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires. 2010, c. 11, s. 31 (2). Available to the public (3) The Authority shall publish the report on its website and by any other method within the period and in the manner the Minister requires. 2020, c. 14, Sched. 7, s. 15 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 15 (1, 2) - 14/07/2020

31.1 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 25, Sched. 10, s. 7. Access to records and information (2) If the Auditor General conducts an audit under subsection (1), the Authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2017, c. 25, Sched. 10, s. 7 (1). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 7 (1) - 12/12/2017; 2017, c. 25, Sched. 10, s. 7 (2) - 19/10/2021

32 (1) If the Minister considers it in the public interest to do so, the Minister may, by order, appoint an administrator of the Authority for the purpose of assuming control of the Authority and responsibility for its activities. 2010, c. 11, s. 32 (1); 2020, c. 14, Sched. 7, s. 16 (1). Notice of appointment (2) The Minister shall give the board the notice that the Minister considers reasonable in the circumstances before appointing the administrator, unless there are not enough directors on the board to form a quorum, in which case the Minister may appoint the administrator without notice. 2020, c. 14, Sched. 7, s. 16 (2). Term of appointment (3) The appointment of an administrator remains in force until the Minister terminates it. 2010, c. 11, s. 32 (3). Powers and duties (4) The Minister may specify in the appointment the powers and duties of the administrator and the terms and condi…

32.1 (1) On the appointment of an administrator under subsection 32 (1), the members of the board of directors cease to hold office, unless the order provides otherwise. 2020, c. 14, Sched. 7, s. 17. Same (2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise. 2020, c. 14, Sched. 7, s. 17. No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board for any act, neglect or default done by the administrator or the Authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2020, c. 14, Sched. 7, s. 17. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Cr…

32.2 The Authority shall not engage in commercial activity through an individual, corporation or other entity that is related to the Authority. 2020, c. 14, Sched. 7, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 18 - 01/07/2021

part Iii Licence to Operate a retirement home

33 (1) No person shall operate a retirement home unless the person is licensed under this Act to operate that specific home. 2010, c. 11, s. 33 (1). (2) Repealed: 2021, c. 39, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 39, Sched. 3, s. 1 - 09/12/2021

34 In order to obtain a licence to operate a specific retirement home, a person shall apply to the Registrar in accordance with this Act and the regulations and shall provide the Registrar with the documents and information specified in the regulations and the other documents and information that the Registrar reasonably requires. 2010, c. 11, s. 34.

35 The Registrar shall issue a licence to operate a specific retirement home to an applicant if, in the opinion of the Registrar, the applicant has complied with section 34 and the following criteria have been met: 1. The applicant has demonstrated that the following persons are competent to operate the home in a responsible manner in accordance with this Act and the regulations and are in a position to provide or facilitate the provision of care services to its residents: i. The applicant. ii. If the applicant is a corporation, A. the persons who have a controlling interest in the applicant, and B. the directors and officers of the applicant. iii. If the applicant is not a corporation, the persons who have a controlling interest in the applicant. iv. If a person who has a controlling interest in the applicant is itself a corporation, the person’s directors and officers. 2. The past cond…

36 Subject to section 40, the Registrar shall refuse to issue a licence to an applicant if, in the opinion of the Registrar, the applicant has not complied with section 34 or the criteria set out in paragraphs 1 to 4 of section 35 have not been met. 2010, c. 11, s. 36.

37 (1) In order to determine whether the criteria in paragraphs 1 to 4 of section 35 have been met, the Registrar may, (a) make inquiries and conduct investigations into the character, financial history and competence of any licensee or any of the persons described in subparagraphs 1 i to iv of section 35; (b) require any licensee or any person who is the subject of an inquiry or investigation to provide material or information that is relevant to the inquiry or investigation; (c) request material or information that is relevant to the inquiry or investigation from any person that the Registrar has reason to believe can provide it; (d) require that any material or information provided under clause (b) or (c) be verified by statutory declaration or otherwise; and (e) cause an inspector to conduct an inspection of the retirement home and any place that is operated in connection with the ho…

38 An applicant for a licence or a licensee shall pay all fees, costs and other charges set by the Authority under section 21. 2020, c. 14, Sched. 7, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 7, s. 19 - 14/07/2020

39 At or after the time a licence is issued, the Registrar may impose the conditions that the Registrar considers appropriate on the licence, subject to section 40. 2010, c. 11, s. 39.

40 (1) The Registrar shall not make a decision to refuse to issue a licence to an applicant or to impose a condition on a licensee’s licence at or after the time the licence is issued unless, before doing so, the Registrar, (a) serves a notice of intent to make the decision on the applicant or licensee, as the case may be, in accordance with subsection (2); (b) gives the applicant or licensee an opportunity to make written submissions with respect to the proposed decision in accordance with subsection (3); and (c) reviews the written submissions, if any, made by the applicant or licensee in accordance with subsection (3). 2010, c. 11, s. 40 (1). Content of notice of intent (2) A notice of intent shall, (a) set out the proposed decision and the reasons for it; and (b) state that the applicant or licensee may provide written submissions to the Registrar in accordance with subsection (3). 2…

41 If the Registrar makes a decision to refuse to issue a licence to an applicant or to impose a condition on a licensee’s licence, the Registrar shall serve on the applicant or licensee, as the case may be, a notice of decision setting out, (a) the decision and the reasons for it; and (b) the requirements of Part VI for appealing the decision to the Tribunal. 2010, c. 11, s. 41.

42 After a decision to refuse to issue a person a licence to operate a specific retirement home has become final, the person may reapply to the Registrar for a licence to operate the home if the person satisfies the Registrar that new or other evidence is available or that material circumstances have changed. 2010, c. 11, s. 42.

43 After a decision to impose a condition on a licensee’s licence has become final, the licensee may apply to the Registrar for removal of the condition if the licensee satisfies the Registrar that new or other evidence is available or that material circumstances have changed. 2010, c. 11, s. 43.

44 (1) A licensee of a retirement home shall not reduce the care services that the licensee makes available in the home, directly or indirectly, to the residents unless the licensee, (a) has delivered directly to each resident a written notice indicating the date the reduction will take effect, at least the prescribed number of days before the reduction takes effect; (b) has given the substitute decision-maker, if any, of each resident the written notice described in clause (a); (c) if a resident indicates that he or she is going to continue to reside in the home, has taken reasonable steps to facilitate the resident’s access to any external care providers that the resident needs; and (d) if a resident indicates that he or she is going to cease to reside in the home, has taken reasonable steps to find appropriate alternate accommodation for the resident. 2010, c. 11, s. 44 (1). Care serv…

45 No person may transfer any interest in a licence, including a beneficial interest. 2010, c. 11, s. 45.

46 (1) In this section, “security interest” means an interest in or charge on a licence or property of the licensee that includes a licence, where the interest or charge secures the repayment of a debt or the performance of any other obligation. 2010, c. 11, s. 46 (1). Exercise of security interest (2) The exercise by a person of a security interest in a licence or in property of a licensee that includes a licence does not result in a transfer of the licence if, within 15 days after exercising the interest, the person who exercises the interest gives the Registrar a written notice of the exercise of the interest and a written plan specifying how the person intends to manage the operations of the retirement home. 2010, c. 11, s. 46 (2). Time limit for acting as licensee (3) If the person exercising a security interest gives the notice required by subsection (2), the Registrar shall determ…

47 (1) The appointment of a trustee in bankruptcy for a licensee does not result in a transfer of any licence of the licensee, but this Act applies with necessary modifications to the trustee in bankruptcy that deals with the licence, as if that person were the licensee. 2010, c. 11, s. 47 (1). Notice to Registrar (2) Within 15 days after the date of the bankruptcy as defined in the Bankruptcy and Insolvency Act (Canada) with respect to a licensee of a retirement home, the trustee in bankruptcy shall give the Registrar a written notice of the bankruptcy together with a written plan specifying how the trustee intends to manage the operations of the home. 2010, c. 11, s. 47 (2).

48 (1) Subject to subsection (2), a licence terminates, (a) when a person ceases to have a controlling interest in the licensee; (b) when a person acquires a controlling interest in the licensee; (c) at the time or on the occurrence of an event that is described in the licence; (d) at the time or on the occurrence of an event that is prescribed; or (e) at the expiration of the time period that the Registrar determines for the purpose of subsection 46 (3) or (4), as the case may be. 2010, c. 11, s. 48 (1). Continuation pending final decision (2) If the licensee applies to the Registrar for a new licence before the old licence terminates under subsection (1), the old licence shall be deemed not to terminate until the new licence is issued or the decision to refuse to issue the new licence has become final. 2010, c. 11, s. 48 (2).

49 (1) Subject to subsection (3), a licensee of a retirement home shall not cease operating it as a retirement home until the licensee, (a) has given the Registrar a transition plan that complies with the prescribed requirements, at least the prescribed number of days before the home ceases to be operated as a retirement home; (b) has delivered directly to each resident a written notice indicating the date the home will cease to be operated as a retirement home, at least the prescribed number of days before the home ceases to be operated as a retirement home, as the case may be; (c) has given the substitute decision-maker, if any, of each resident the written notice described in clause (b); (d) if a resident so requests, has taken reasonable steps to find appropriate alternate accommodation for the resident or to facilitate the resident’s access to any external care providers that the re…

Part IV residents’ rights, care and safety

Interpretation

50 (1) In this Part, “personal assistance services device” means a device that is intended to assist a resident with a routine activity of living if the device has the effect of limiting or inhibiting the resident’s freedom of movement and the resident is not able, either physically or cognitively to release oneself from the device. 2010, c. 11, s. 50 (1). Interpretation, restraints (2) The following shall not constitute restraints for the purposes of this Part: 1. The use of a physical device from which a resident is both physically and cognitively able to release oneself. 2. The use of a personal assistance services device permitted by section 69. 3. The administration of a drug to a resident as part of the resident’s treatment as provided for in the resident’s plan of care if the restraining effect of the drug is not the primary purpose for its administration. 4. Confinement as permit…

Rights

51 (1) Every resident of a retirement home has the following rights which constitute the Residents’ Bill of Rights: 1. The right to, i. know what care services are provided in the home and how much they cost, ii. be informed in advance of any increases in charges for care services provided in the home, iii. receive advance notice of a decision of the licensee of the home to discontinue providing a particular care service, iv. have the licensee of the home take reasonable steps to facilitate the resident’s access to any external care providers that the resident needs, if the resident receives the notice described in subparagraph iii and indicates that he or she is going to continue to reside in the home, and v. have the licensee of the home take reasonable steps to find appropriate alternate accommodation for the resident, if the resident receives the notice described in subparagraph iii …

52 If a retirement home also falls within the meaning of a care home as defined in the Residential Tenancies Act, 2006, nothing in this Act overrides or affects the provisions of the Residential Tenancies Act, 2006 that would otherwise apply with respect to the home as a care home. 2010, c. 11, s. 52.

53 (1) The licensee of a retirement home shall enter into a written agreement with every resident of the home before the resident commences residency in the home. 2010, c. 11, s. 53 (1). Contents of agreement (2) The agreement shall contain the prescribed requirements. 2010, c. 11, s. 53 (2). Plain language (3) The agreement must be expressed in plain language that is clear and concise. 2010, c. 11, s. 53 (3).

54 (1) Every licensee of a retirement home shall ensure that, (a) a package of information that complies with this section is given to every resident of the home and to the substitute decision-maker of the resident, if any, before the resident commences his or her residency; (b) the package of information is made available to family members of a resident of the home and persons of importance to the resident if the resident or the resident’s substitute decision-maker so consents; (c) the package of information is accurate and revised as necessary; and (d) any material revisions to the package of information are provided to any person who has received the original package and who is still a resident of the home or substitute decision-maker of a resident of the home. 2010, c. 11, s. 54 (1). Contents (2) The package of information shall include, at a minimum, (a) the Residents’ Bill of Right…

55 (1) Every licensee of a retirement home shall ensure that the following information is made available in the home, in an easily accessible location and in a manner that complies with the prescribed requirements, if any: 1. The package of information described in subsection 54 (2). 2. Copies of the final reports done by inspectors under section 77 in the previous two years for the retirement home, with all personal information and personal health information redacted. 3. Orders made by the Registrar with respect to the retirement home that are in effect or that have been made in the previous two years, with all personal information and personal health information redacted. 4. Decisions of the Tribunal or the Divisional Court that were made under this Act with respect to the retirement home within the previous two years. 5. The minutes of the most recent Residents’ Council meeting, if t…

56 (1) The licensee of a retirement home shall allow the residents of the home to establish a Residents’ Council for the home. 2010, c. 11, s. 56 (1). Only residents (2) Only residents of the retirement home may be members of the Residents’ Council. 2010, c. 11, s. 56 (2). Powers (3) A Residents’ Council for a retirement home has the power to, (a) inform residents of their rights and obligations under this Act; (b) inform residents of the rights and obligations of the licensee under this Act and under any agreement relating to the home; (c) attempt to resolve disputes between the licensee and residents; (d) sponsor and plan activities for residents subject to any requirements that the licensee may have regarding the licensee’s liability arising from any such activities; (e) collaborate with community groups and volunteers concerning activities for residents; (f) advise the licensee of an…

57 (1) If a Residents’ Council has been established for a retirement home, the licensee of the home shall appoint a Residents’ Council assistant who is acceptable to the Council to assist the Council. 2010, c. 11, s. 57 (1). Duties (2) In carrying out his or her duties, a Residents’ Council assistant shall take instructions from the Council, ensure confidentiality if the Council requests it and report to the Council. 2010, c. 11, s. 57 (2).

58 (1) If a Residents’ Council has been established for a retirement home, the licensee of the home shall, (a) co-operate with the Residents’ Council and the Residents’ Council assistant and provide them with the prescribed information and assistance within the prescribed time; and (b) consult regularly with the Residents’ Council and at a minimum at least every three months. 2010, c. 11, s. 58 (1). Meeting with Council (2) If invited by the Residents’ Council, the licensee shall, (a) meet with the Council if the licensee is not a corporation; or (b) ensure that representatives of the licensee meet with the Council, if the licensee is a corporation. 2010, c. 11, s. 58 (2). Attendance at meetings of Council (3) A licensee of a retirement home shall not attend a meeting of the Residents’ Council for the home unless invited to do so and shall ensure that the staff of the home do not attend …

59 No action or other proceeding shall be commenced against a member of a Residents’ Council or a Residents’ Council assistant for anything done or omitted to be done in good faith in that capacity. 2010, c. 11, s. 59.

Care and Safety

60 (1) Every licensee of a retirement home shall ensure that the care services that the licensee and the staff of the home provide to the residents of the home meet the prescribed care standards. 2010, c. 11, s. 60 (1). Resident-staff communication and response system (2) The prescribed care standards mentioned in subsection (1) may require that the room in a retirement home that each resident of the home uses as living quarters contain a resident-staff communication and response system as described in the standards and if the standards so require, the licensee of the home shall ensure that the home meets the requirement. 2010, c. 11, s. 60 (2). Safety standards (3) Every licensee of a retirement home shall comply with all prescribed safety standards for the home, including standards with respect to fire, safety and public health requirements and emergency evacuation plans. 2010, c. 11, …

61 (1) A licensee of a retirement home shall not prevent a resident of the home from applying for care services from an external care provider of the resident’s choosing. 2010, c. 11, s. 61 (1). No interference (2) Subject to sections 67 and 68, a licensee of a retirement home shall not interfere with the provision of care services to a resident of the home by an external care provider. 2010, c. 11, s. 61 (2). No responsibility of licensee (3) Nothing in this Act shall have the effect of making a licensee responsible for ensuring that the services provided by an external care provider meet the prescribed care standards. 2010, c. 11, s. 61 (3).

62 (1) When a resident commences his or her residency in a retirement home, the licensee shall, within the prescribed times, ensure that the resident is assessed and that a plan of care is developed based on the assessment and in accordance with this section and the regulations. 2010, c. 11, s. 62 (1). Assessment only with consent, etc. (2) Nothing in this section authorizes a licensee to assess or to reassess a resident without the resident’s consent. 2010, c. 11, s. 62 (2). Performance of assessments, etc. (3) All assessments and reassessments mentioned in this section that a licensee performs shall be performed in accordance with the prescribed criteria. 2010, c. 11, s. 62 (3). Contents of plan (4) The licensee of a retirement home shall ensure that there is a written plan of care for each resident of the home that sets out, (a) the care services that are part of a package of care ser…

63 (1) If a resident requests information relating to the provision of services by an external care provider, the licensee shall promptly provide the resident with such information that is readily available to the licensee. 2010, c. 11, s. 63 (1). Same, after assessment (2) If an assessment undertaken under subsection 62 (1) or (12) indicates that a resident needs care services that the licensee is not able to provide, the licensee shall promptly provide the resident with information that is readily available to the licensee and that will enable the resident to obtain those services from an external care provider. 2010, c. 11, s. 63 (2). Information about alternatives to a retirement home (3) If an assessment undertaken under subsection 62 (1) or (12) indicates that a resident meets one or more of the prescribed criteria, the licensee shall, (a) provide the resident or the resident’s sub…

64 (1) A licensee of a retirement home shall ensure that screening measures are conducted in accordance with the regulations before hiring staff and accepting volunteers to work in the home. 2010, c. 11, s. 64 (1). Police record checks (2) The screening measures shall include a police record check as defined in the regulations, unless the person being screened is under 18 years of age. 2010, c. 11, s. 64 (2); 2015, c. 30, s. 29. Section Amendments with date in force (d/m/y) 2015, c. 30, s. 29 - 01/11/2018

65 (1) Every licensee of a retirement home shall ensure that all the staff who work in the home, (a) have the proper skills and qualifications to perform their duties; and (b) possess the prescribed qualifications. 2010, c. 11, s. 65 (1). Training (2) Every licensee of a retirement home shall ensure that no staff work in the home unless they have received training in, (a) the Residents’ Bill of Rights; (b) the licensee’s policy mentioned in subsection 67 (4) to promote zero tolerance of abuse and neglect of residents; (c) the protection afforded for whistle-blowing described in section 115; (d) the licensee’s policy mentioned in subsection 68 (3) regarding the use of personal assistance services devices for residents; (e) injury prevention; (f) fire prevention and safety; (g) the licensee’s emergency evacuation plan for the home mentioned in subsection 60 (3); (h) the emergency plan and …

66 (1) Subject to subsection (2) and the regulations, every licensee of a retirement home who allows volunteers to participate in the lives and activities of residents of the home shall ensure that the volunteers are trained in accordance with the regulations in applying the emergency plan and the infection prevention and control program of the licensee for the home mentioned in subsection 60 (4) and the licensee’s policy to promote zero tolerance of abuse and neglect of residents mentioned in subsection 67 (4). 2010, c. 11, s. 66; 2017, c. 25, Sched. 10, s. 13 (1). Exception (2) Subsection (1) does not apply to volunteers working in a retirement home if, (a) they are occasional volunteers who do not provide direct care to residents of the home; (b) their work in the home is monitored and supervised in accordance with written policies that the licensee of the home has prepared for that p…

67 (1) Every licensee of a retirement home shall protect residents of the home from abuse by anyone. 2010, c. 11, s. 67 (1). Same, neglect (2) Every licensee of a retirement home shall ensure that the licensee and the staff of the home do not neglect the residents. 2010, c. 11, s. 67 (2). Resident absent from home (3) The duties in subsections (1) and (2) do not apply if a resident is absent from the retirement home, unless the resident continues to receive care services from the licensee or the staff of the home. 2010, c. 11, s. 67 (3). Policy to promote zero tolerance (4) Without in any way restricting the generality of the duties described in subsections (1) and (2), the licensee shall ensure that there is a written policy to promote zero tolerance of abuse and neglect of residents and shall ensure that the policy is complied with. 2010, c. 11, s. 67 (4). Contents (5) At a minimum, th…

68 (1) No licensee of a retirement home and no external care providers who provide care services in the home shall restrain a resident of the home in any way, including by the use of a physical device or by the administration of a drug except as permitted by section 71. 2010, c. 11, s. 68 (1). Same, confinement (2) No licensee of a retirement home and no external care providers who provide services in the home shall confine a resident of the home, other than in accordance with section 70 or under the common law duty mentioned in section 71. 2017, c. 25, Sched. 10, s. 14 (1). Policy re devices (3) Every licensee of a retirement home shall ensure that there is a written policy regarding the use of personal assistance services devices for residents of the home and that the policy complies with the prescribed requirements, if any. 2010, c. 11, s. 68 (3). (4) Repealed: See Table of Public Sta…

69 (1) A licensee of a retirement home or an external care provider who provides care services in the home may permit the use of a personal assistance services device for a resident of the home only for the purpose of assisting the resident with a routine activity of living. 2010, c. 11, s. 69 (1). Restrictions on use (2) A licensee of a retirement home or an external care provider who provides care services in the home may permit the use of a personal assistance services device for a resident of the home only if, (a) the licensee has considered or tried alternatives to the use of the device but has found that the alternatives have not been, or considers that they would not be, effective to assist the resident with a routine activity of living; (b) the use of the device is reasonable, in light of the resident’s physical and mental condition and personal history, and is the least restrict…

70 Repealed: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 15 (1-14) - no effect - see 2010, c. 11, s. 70 - 31/12/2020 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020

71 (1) Nothing in section 68, 69 or 70 affects the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. 2010, c. 11, s. 71 (1); 2017, c. 25, Sched. 10, s. 16 (1). Limitation on restraint by physical device (2) A licensee of a retirement home who is having a resident of the home restrained by a physical device pursuant to the common law duty described in subsection (1) shall ensure that the device is used in accordance with any applicable regulations. 2010, c. 11, s. 71 (2). Limitations on restraint by drug (3) A licensee of a retirement home who is having a resident of the home restrained by the administration of a drug pursuant to the common law duty described in subsection (1) shall ensure that the drug is used in accordance with any applicable regulations and that its administration…

71.1 A licensee of a retirement home shall ensure that no device prohibited for use in any applicable regulations is used to restrain or confine a resident of the home. 2017, c. 25, Sched. 10, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 17 - 12/12/2017