Caregiver (N12)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-28
CLNP Page ID:	2185
Page Categories:	Personal Use Application (LTB)
Citation:	Caregiver (N12), CLNP 2185, <https://rvt.link/59>, retrieved on 2024-04-28
Editor:	MKent
Last Updated:	2023/04/12

Residential Tenancies Act, 2006, S.O. 2006, c. 17

Interpretation

2 (1) In this Act,

“care services” means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; (“services en matière de soins”)

O. Reg. 516/06: GENERAL

Definition of “care services”

2. (1) As part of health care services, rehabilitative services, therapeutic services and services that provide assistance with the activities of daily living, the following are included in the definition of “care services” in subsection 2 (1) of the Act:

1. Nursing care.

2. Administration and supervision of medication prescribed by a medical doctor.

3. Assistance with feeding.

4. Bathing assistance.

5. Incontinence care.

6. Dressing assistance.

7. Assistance with personal hygiene.

8. Ambulatory assistance.

9. Personal emergency response services. O. Reg. 516/06, s. 2 (1).

(2) The following services are included in the definition of “care services” in subsection 2 (1) of the Act if they are provided along with any service set out in subsection (1):

1. Recreational or social activities.

2. Housekeeping.

3. Laundry services.

4. Assistance with transportation.

TST-84913-17 (Re), 2017 CanLII 60859 (ON LTB)

13. Section 2(1) of the Act defines “care services” as, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living.

14. Section 2(1) of the General Regulation, O. Reg. 516/06, provides the following list of specific services that are included in the definition of “care services” in subsection 2(1) of the Act: nursing care, administration and supervision of medication prescribed by a medical doctor, assistance with feeding, bathing assistance, incontinence care, dressing assistance, assistance with personal hygiene, ambulatory assistance, and personal emergency response services.

15. Section 2(2) of O. Reg. 516/06 provides an additional list of services that are considered “care services” if they are provided along with any services set out in section 2(1) of the regulation – recreational or social activities, housekeeping, laundry services and assistance with transportation.

16. When the above provisions of the Act and the regulation are read together, I find that the legislation contemplates that “care services” is meant to capture intensive, regular supports. Based on EG’s testimony, I find that the supports that she provides the Landlord do not rise to the level of involvement and intensity to be considered “care services” and they do not justify evicting the Tenants. While there is no dispute that EG provides some help to the Landlord in the form of bringing her food at the end of the day and helping her manage her financial affairs, these supports are provided on a more part-time and casual basis. I am not convinced that EG must live in the residential complex in order to provide this help to the Landlord.