Care Services (Meaning)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2416
Page Categories:	[Care Homes (LTB)]
Citation:	Care Services (Meaning), CLNP 2416, <https://rvt.link/da>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2024/09/27

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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”)

...

...

123 (1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant’s occupancy of the rental unit:

1. A parking space.

2. A prescribed service, facility, privilege, accommodation or thing. 2006, c. 17, s. 123 (1).

(2) Subsection (1) applies despite sections 116 and 119 and despite any order under paragraph 6 of subsection 30 (1). 2006, c. 17, s. 123 (2).

...

140 (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information. 2006, c. 17, s. 140 (1).

(2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant. 2006, c. 17, s. 140 (2).

...

150 (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord’s intention to do so. 2006, c. 17, s. 150 (1).

(2) The notice shall be in writing in the form approved by the Board and shall set out the landlord’s intention to increase the charge and the new charges for care services and meals. 2006, c. 17, s. 150 (2).

(3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and the landlord must give a new notice before the landlord can take the increase. 2006, c. 17, s. 150 (3).

151 (1) Nothing in subsection 134 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 140 and 150. 2006, c. 17, s. 151 (1).

O. Reg. 516/06: GENERAL (under Residential Tenancies Act, 2006, S.O. 2006, c. 17)

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. O. Reg. 516/06, s. 2 (2).

...

47. The information package referred to in section 140 of the Act must contain the following information:

1. List of the different types of accommodation provided and the alternative packages of care services and meals available as part of the total charge.

2. Charges for the different types of accommodation and for the alternative packages of care services and meals.

3. Minimum staffing levels and qualifications of staff.

4. Details of the emergency response system, if any, or a statement that there is no emergency response system.

5. List and fee schedule of the additional services and meals available from the landlord on a user pay basis.

6. Internal procedures, if any, for dealing with complaints, including a statement as to whether tenants have any right of appeal from an initial decision, or a statement that there is no internal procedure for dealing with complaints. O. Reg. 516/06, s. 47.

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