Retirement Homes - Residents’ Bill of Rights

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-22
CLNP Page ID:	2424
Page Categories:	[Trespass to Property]
Citation:	Retirement Homes - Residents’ Bill of Rights, CLNP 2424, <>, retrieved on 2024-11-22
Editor:	Sharvey
Last Updated:	2024/10/08

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Retirement Homes Act, 2010, S.O. 2010, c. 11

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 and indicates that he or she is going to cease to reside in the home.

2. The right to apply for publicly funded care services and assessments.

3. The right to be informed about and to apply for care services and assessments from an external care provider.

4. The right to have his or her choice of care services provided by staff who are suitably qualified and trained to provide the services.

5. The right to,

i. participate fully in making any decision concerning any aspect of his or her care,

ii. participate fully in the development, implementation, review and revision of his or her plan of care, and

iii. give or refuse consent to any treatment, care or service for which his or her consent is required by law and to be informed of the consequences of giving or refusing consent.

6. The right not to be restrained except in accordance with the common law.

7. The right to be afforded privacy in treatment and in caring for his or her personal needs.

8. The right to live in a safe and clean environment where he or she is treated with courtesy and respect and in a way that fully recognizes the resident’s individuality and respects the resident’s dignity.

9. The right to have his or her lifestyle and choices respected and to freely pursue his or her social, cultural, religious, spiritual and other interests as long as the resident’s lifestyle, choices and pursuits do not substantially interfere with the reasonable enjoyment of the home for all usual purposes by the licensee and other residents.

10. The right to raise concerns or recommend changes in policies and services on behalf of oneself or others to the Authority or any other person without interference and without fear of coercion, discrimination or reprisal, whether directed at the resident or anyone else.

11. The right to know if the home is also a care home within the meaning of the Residential Tenancies Act, 2006, and whether the residents therefore have rights and responsibilities as tenants under that Act. 2010, c. 11, s. 51 (1); 2017, c. 25, Sched. 10, s. 10 (2).

(2) Every licensee of a retirement home shall ensure that the rights set out in the Residents’ Bill of Rights are fully respected and promoted in the home in accordance with the regulations, if any. 2010, c. 11, s. 51 (2).

...

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.

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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).

(2) The package of information shall include, at a minimum,

(a) the Residents’ Bill of Rights;

(b) a statement that, if the 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;

(c) the licensee’s policy mentioned in subsection 67 (4) to promote zero tolerance of abuse and neglect of residents;

(d) the licensee’s procedure for complaints mentioned in subsection 73 (1);

(e) the licensee’s policy mentioned in subsection 68 (3) regarding the use of personal assistance services devices for residents;

(f) the name, telephone number and e-mail address of the licensee;

(g) information about the role of the Authority and its contact information;

(h) information about the Residents’ Council, including any information that the Residents’ Council provides for inclusion in the package;

(i) an explanation of the protection afforded for whistle-blowing described in section 115;

(j) information relating to the contents of the written agreement that section 53 requires each of the residents and the licensee to make;

(k) an itemized list of the different types of accommodation and care services provided in the retirement home and their prices;

(l) a statement that a resident may purchase or apply for care services, other services, programs or goods from external care providers;

(m) information about the licensee’s process for assisting residents to purchase or apply for care services and other services, programs or goods from external providers;

(n) information regarding the rights of residents if the licensee chooses to reduce or discontinue the care services that the licensee provides to residents;

(o) disclosure of any non-arm’s length relationships that exist between the licensee and external care providers;

(p) Repealed: 2016, c. 30, s. 48 (1).

(p.1) Repealed: 2019, c. 5, Sched. 3, s. 21.

(q) information relating to the assessments required to prepare a plan of care, including a resident’s right to apply for publicly funded assessments;

(r) information about the licensee’s process for assisting a resident in his or her transition to a long-term care home or other place of residence;

(s) information as to whether the retirement home has automatic sprinklers in each resident’s room;

(t) information relating to staffing, including night time staffing levels and qualifications of staff of the retirement home;

(u) a statement as to whether the retirement home is required under subsection 60 (2) to have a resident-staff communication and response system and whether the home has such a system and, if so, details of the system; and

(v) all other information that is prescribed. 2010, c. 11, ss. 54 (2), 124 (2); 2016, c. 30, s. 48; 2019, c. 5, Sched. 3, s. 21.

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 the Council consents to their disclosure.

6. All other information that is prescribed. 2010, c. 11, s. 55 (1); 2021, c. 39, Sched. 3, s. 2 (1, 2).