Retirement Home Licensing Information

Here is some information I stumbled upon regarding the Retirement Homes Licensing.    This information is straight from Forever Young Online Publication April 2013.     I added my comments in blue.

Fact One 
Retirement Homes are governed by two pieces of legislation – the Retirement Homes Act (RHA) and the Residential Tenancies Act (RTA.)     Retirement Homes rental lease is also governed by the Residential Tenancy Act.    

Fact Two
It is not simple to define a retirement home but the important point to know is that retirement homes are residential tenancies and, therefore, must comply with the Residential Tenancies Act.    Some call themselves "senior's community", "adult lifestyle community". "senior's residence" etc..   There is no standard in terminology.    At the end of the day this is marketing language to make the residence seem more attractive.       No matter what it is called, if it is a retirement residence is must be licensed under RHA.    

Note that some who were previously known as retirement homes in the community may have not been licensed.     This is because they may not fall under the licensing requirements may not have opted to get the licensing.     For example, retirement homes that focused on independent lifestyle and only offered meals and housekeeping but no personal or supportive care may not fall under the criteria that require licensing for RHA.

Fact Three
As of July 1, 2012 retirement home operators are required to pay licensing fees to the Retirement Homes Regulatory Authority.  There are two different fees – an application fee and an annual license fee.

Fact Four
Some landlords have been adding on licensing fees to a tenant’s monthly bills as an increase in rent or an additional care service charge. Advocacy Centre for Ontario (ACE) lawyers say they can’t do this.      

Fact Five
Tenants wanting to challenge such charges must file an application under section 135(1) of the Residential Tenancies Act within one year.

Fact Six
Care services offered by retirement homes include but are not limited to: health services, nursing services, continence care, assistance with dressing, bathing and feeding and provision of meals.

Fact Seven
Care-services charges can be increased only after the landlord gives 90 days notice and unlike rent can be increased more than once a year as long as the required notice is given.   Yes this is true.    You monthly base rent (excluding any additional care or service fees) will be broken down into percentage for accomodation and a percentage for care-service.    They can increase the accommodation portion only according to the rate set out by the landlord tenancy act.     The care-service they can increase more than that set rate.     Request the annual amount for the past couple of years to give you an indication of their past business practices.

More details on retirement home licensing fees can be found at acelaw.ca.

 

What is a Retirement Home?

The term “retirement home” is defined in the RHA as:

• a residential complex or the part of a residential complex,
• that is occupied primarily by persons who are 65 years of age or older.
• that is occupied or intended to be occupied by at least the prescribed number of persons who are not related to the operator of the home, and
•  where the operator of the home makes at least two care services available, directly or indirectly to the residents.


– from the Advocacy Centre for Ontario