Care Homes (Meaning)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2267
Page Categories:	[Care Homes (LTB)]
Citation:	Care Homes (Meaning), CLNP 2267, <https://rvt.link/81>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2024/10/01

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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(2) Repealed: 2017, c. 13, s. 3 (2).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.

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

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).

R.R.O. 1990, Reg. 636: GENERAL: under Homes for Special Care Act, R.S.O. 1990, c. H.12

1. In this Regulation,

...

“trustee” means the Public Guardian and Trustee, a guardian of property duly appointed under the Substitute Decisions Act, 1992, an attorney under a continuing power of attorney, a trustee duly appointed under a statute, a will or other instrument. R.R.O. 1990, Reg. 636, s. 1; O. Reg. 376/93, s. 1; O. Reg. 66/00, s. 1; O. Reg. 651/00, s. 1; O. Reg. 329/05, s. 1.

...

26. The administrator of a home for special care shall,

(a) deposit all money received from any resident of the home or from any trustee acting on behalf of such resident in a non-interest bearing account in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada) or in a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020;

(b) provide a resident, or a trustee acting on behalf of a resident, with a written receipt for all money received for deposit in the trust account to the credit of such resident;

(c) maintain a separate book of account showing all deposits to and withdrawals from the trust account, the name of the resident for whom such deposit or withdrawal is made and the date of each deposit or withdrawal;

(d) in those instances where money received from a resident has been deposited in the trust account, make part or all of the money available to such resident upon the resident providing a written receipt therefor;

(e) in those instances where money received from a trustee on behalf of a resident has been deposited in the trust account, make part or all of the money available to such resident only in accordance with the written instructions of the trustee;

(f) with respect to each resident on whose behalf money is deposited in the trust account to the credit of such resident, retain in possession for a period of not less than six years,

(i) the deposit books, deposit slips, passbooks, monthly statements, cheque books and cancelled cheques applicable to the trust account referred to in clause (a),

(ii) the book of account referred to in clause (c),

(iii) the written receipts referred to in clause (d), and

(iv) the written instructions of the trustee referred to in clause (e), and at any time and from time to time on written demand of a resident, or his or her authorized agent, or a trustee acting on behalf of a resident, or such trustee’s authorized agent make the foregoing documentation available for inspection at reasonable hours during any business day;

(g) retain every record required to be kept under clause (c) for a period of six years from the date of the making of the record. R.R.O. 1990, Reg. 636, s. 26; O. Reg. 651/00, s. 8; O. Reg. 574/17, s. 1; O. Reg. 135/22, s. 1.

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33. A person with a serious mental illness may be admitted to a home for special care upon his or her application, the application of a guardian of the person duly appointed under the Substitute Decisions Act, 1992, the application of a person acting under a valid power of attorney for personal care or the application of a lawfully authorized substitute decision-maker, if, immediately before the admission, the person has been assessed and considered eligible for placement by a member of the staff of an organization with whose board the Minister has entered into an arrangement under section 42. O. Reg. 176/12, s. 1.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

3 (1) A person has a developmental disability for the purposes of this Act if the person has the prescribed significant limitations in cognitive functioning and adaptive functioning and those limitations,

(a) originated before the person reached 18 years of age;

(b) are likely to be life-long in nature; and

(c) affect areas of major life activity, such as personal care, language skills, learning abilities, the capacity to live independently as an adult or any other prescribed activity. 2008, c. 14, s. 3 (1).

(2) In subsection (1),

“adaptive functioning” means a person’s capacity to gain personal independence, based on the person’s ability to learn and apply conceptual, social and practical skills in his or her everyday life; (“fonctionnement adaptatif”)

“cognitive functioning” means a person’s intellectual capacity, including the capacity to reason, organize, plan, make judgments and identify consequences. (“fonctionnement cognitif”) 2008, c. 14, s. 3 (2).

...

4 (1) The following are services and supports to which this Act applies:

1. Residential services and supports.

2. Activities of daily living services and supports.

3. Community participation services and supports.

4. Caregiver respite services and supports.

5. Professional and specialized services.

6. Person-directed planning services and supports.

7. Any other prescribed services and supports. 2008, c. 14, s. 4 (1).

(2) In this section and for the purposes of this Act,

...

“residential services and supports” means services and supports that are provided to persons with developmental disabilities who reside in one of the following types of residences and includes the provision of accommodations, or arranging for accommodations, in any of the following types of residences, and such other services and supports as may be prescribed:

1. Intensive support residences.

2. Supported group living residences.

3. Host family residences.

4. Supported independent living residences.

5. Such other types of residences as may be prescribed; (“services et soutiens résidentiels”)

“supported group living residence” means a staff-supported residence operated by a service agency, in which three or more persons with developmental disabilities reside and receive services and supports from the agency; (“résidence de groupe avec services de soutien”)

JOHNSTON v THE WEXFORD RESIDENCE INC., 2023 ONLTB 79729 (CanLII)

40. On the basis of the evidence provided, I find that the rental unit is a care home pursuant to s. 2(1) of the Act, and pursuant to s. 1 and s. 2 of Ontario Regulation 516/06 under the Act. Accordingly, Part IX of the Act applies to this tenancy.

41. I am satisfied that there were no provisions in the tenancy agreement, signed by both parties on March 1, 2018, that required the Landlord to provide the Tenant with any care services, as listed in s. 2 of Ontario Regulation 516/06.

42. However, I accept that the Tenant’s unit bedroom was equipped with a call button that rings staff in the neighbouring long-term care facility, to enable staff to call emergency services if required. I am also satisfied that throughout the duration of the Tenant’s tenancy the Landlord’s staff, without prompting, assisted the Tenant on numerous occasions when they assessed that the Tenant’s personal safety was jeopardized. For these reasons, I find that the Landlord provided the Tenant with personal emergency response services, and these services are defined as care services pursuant to s. 2.(1)9 of Ontario Regulation 516/06.

43. I am also satisfied that the Landlord offered optional social programs to the Tenant that were organized for both tenants of the residential complex and residents of the neighbouring long-term care facility. I find that these programs were social activities, and

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57. On the basis of the evidence provided, I am not satisfied that, as alleged in the N7, the Tenant’s behaviour seriously impaired the safety of another person, the Tenant wilfully damaged the rental unit, or the Tenant used the rental unit in a manner inconsistent with its use as a residential premises and this caused serious damage. The Landlord did not establish that the Tenant seriously impaired another person, that the Tenant wilfully damaged the unit, or that the Tenant’s use of the shower was inconsistent with its use as a residential premises. Given the specific allegations provided by the Landlord in the N7 under s. 63 of the Act, I find that serving an N5 for substantial interference and negligent damage, pursuant to s. 64 and s. 62 of the Act respectively, would have been more appropriate in this matter – had the unit not been a care home.