Care Homes (Meaning)

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-09-28
CLNP Page ID: 2267
Page Categories: [Care Homes (LTB)]
Citation: Care Homes (Meaning), CLNP 2267, <https://rvt.link/81>, retrieved on 2024-09-28
Editor: Sharvey
Last Updated: 2024/01/12

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

2 (1) In this Act,

...
“care home” means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; (“maison de soins”)
“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”)
...

...

3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

(1.1) In interpreting a provision of this Act with respect to a member unit of a non-profit housing co-operative, if a provision in Part V.1 conflicts with a provision in another Part of this Act, the provision in Part V.1 applies. 2013, c. 3, s. 22 (2).
(2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IX conflicts with a provision in another Part of this Act, the provision in Part IX applies. 2006, c. 17, s. 3 (2).

...

6 (1) Paragraphs 6, 7 and 8 of subsection 30 (1) and sections 48.1, 49.1, 51, 52, 54, 55, 56, 104, 111 to 115, 117, 119 to 134, 136, 140 and 149 to 167 do not apply with respect to,

(a) accommodation that is subject to the Homes for Special Care Act; or
(b) accommodation that is a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. 2006, c. 17, s. 6 (1); 2008, c. 14, s. 58 (5); 2009, c. 33, Sched. 8, s. 15; 2017, c. 13, s. 3 (1); 2020, c. 16, Sched. 4, s. 2.
(2) Repealed: 2017, c. 13, s. 3 (2).

...

142 (1) Despite section 25, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so. 2006, c. 17, s. 142 (1).

(2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord. 2006, c. 17, s. 142 (2).

...

147 A landlord shall not,

(a) do anything to prevent a tenant of a care home from obtaining care services from a person of the tenant’s choice that are in addition to care services provided under the tenancy agreement; or
(b) interfere with the provision of care services to a tenant of a care home, by a person of the tenant’s choice, that are in addition to care services provided under the tenancy agreement. 2006, c. 17, s. 147.

[1]

Homes for Special Care Act, R.S.O. 1990, c. H.12[2]

1 In this Act,

“home for special care” means a home for the care of persons requiring nursing, residential or sheltered care; (“foyer de soins spéciaux”)
“Minister” means the Minister of Health and Long-Term Care; (“ministre”)
“regulations” means the regulations made under this Act; (“règlements”)
“resident” means a person received and lodged in a home for special care under this Act. (“pensionnaire”) R.S.O. 1990, c. H.12, s. 1; 2006, c. 19, Sched. L, s. 11 (2).

...

5 (1) The Minister may license homes for special care and may renew or cancel the licences on such terms and conditions as the regulations prescribe. 1997, c. 15, s. 7 (2).

[2]

References

  1. Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK1>, retrieved 2023-08-29
  2. 2.0 2.1 Homes for Special Care Act, R.S.O. 1990, c. H.12, <https://www.ontario.ca/laws/statute/90h12>, retrieved 2024-01-11