In Ontario, the Residential Tenancies Act, 2006 (formerly the Tenant Protection Act, 1998) provides additional protection for residents of retirement homes, under the Care Homes section of the Act. Compliance with the Residential Tenancies Act is one of the standards that ORCA reviews when inspecting retirement residences. |
The Residential Tenancies Act (RTA) ensures that all residents of retirement residences receive:
- A Care Home Information Package (CHIP), to be provided to the prospective tenant prior to entering into a tenancy agreement, which contains information to assist with making an informed decision when choosing a retirement residence. The CHIP must list:
- The different types of accommodations provided and the alternative packages of care services and meals available as part of the total charge
- Charges for the different types of accommodation and for the alternative packages of care services and meals.
- List and fee schedule of the additional services and meals available from the landlord on a user pay basis
- Minimum staffing levels and qualifications of staff
- Details of the emergency response system, if any, or a statement that there is no emergency response system
- 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
- A written tenancy agreement, which must include:
- What has been agreed to with respect to care services and meals and charges for these
- A statement indicating that a tenant has the right to consult a third party with respect to the agreement and five days within which to cancel it
- The right to privacy
- Appropriate notice requirements for rent increases;
- Written notice for terminating a tenancy (including a statement that a tenant can cancel the agreement by providing the landlord with a written notice of termination)
- Provisions dealing with the eviction or transfer process of care home tenants in situations where a tenant no longer requires the level of care provided, withdraws from needed care services without accessing them elsewhere, or requires a higher level of care than the landlord can provide
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