Retirement Homes Act, 2010, S.O. 2010, c. 11

• Jurisdiction: Ontario

Retirement Homes Act, 2010

S.O. 2010, CHAPTER 11

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Last amendment: 2021, c. 39, Sched. 3.

CONTENTS

PART I
INTERPRETATION

Fundamental principle

1 The fundamental principle to be applied in the interpretation of this Act and any regulation, order or other document made under this Act is that a retirement home is to be operated so that it is a place where residents live with dignity, respect, privacy and autonomy, in security, safety and comfort and can make informed choices about their care options. 2010, c. 11, s. 1.

Definitions

2 (1) In this Act,

“abuse”, in relation to a resident, means physical abuse, sexual abuse, emotional abuse, verbal abuse or financial abuse, as may be defined in the regulations in each case; (“mauvais traitement”)

“administrative penalty” means an administrative penalty imposed under section 93; (“pénalité administrative”)

“Authority” means the Retirement Homes Regulatory Authority established under section 10; (“Office”)

“board” means the board of directors of the Authority; (“conseil”)

“care service” means,

(a) a prescribed health care service provided by a member of a College as defined in the Regulated Health Professions Act, 1991,

(b) administration of a drug, as defined in the Drug and Pharmacies Regulation Act, or another substance,

(c) assistance with feeding,

(d) assistance with bathing,

(e) continence care,

(f) assistance with dressing,

(g) assistance with personal hygiene,

(h) assistance with ambulation,

(i) provision of a meal, or

(j) any other service prescribed as a care service,

but does not include any service that is prescribed as not being a care service; (“service en matière de soins”)

“Complaints Review Officer” means the Complaints Review Officer of the Authority appointed under section 25; (“agent d’examen des plaintes”)

“confine”, except with respect to the common law duty of a caregiver to confine a person as mentioned in section 71, has the meaning provided in the regulations; (“confiner”)

“external care provider” means a person who provides care services to a resident of a retirement home and who is not the licensee of the home, the staff of the home or a volunteer with respect to the home; (“prestataire externe”)

“Fund” means the Retirement Homes Regulatory Authority Emergency Fund established under subsection 27 (1); (“Fonds”)

“incapable” means unable to understand the information that is relevant to making a decision concerning the subject matter or unable to appreciate the reasonably foreseeable consequences of a decision or a lack of decision; (“incapable”)

“inspector” means the Registrar or an inspector appointed by the Registrar under section 76; (“inspecteur”)

“licence” means a licence to operate a retirement home issued under this Act; (“permis”)

“licensee” means a person who is licensed under this Act to operate a retirement home; (“titulaire de permis”)

“memorandum of understanding” means the memorandum of understanding described in subsection 18 (1); (“protocole d’entente”)

“Minister” means the Minister of Seniors Affairs or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“neglect”, in relation to residents, means the failure to provide a resident with the care and assistance required for his or her health, safety or well-being and includes inaction or a pattern of inaction that jeopardizes the health or safety of one or more residents; (“négligence”)

“operator”, in relation to a retirement home, means a person who owns or controls the business of operating the home; (“exploitant”)

“personal health information” means personal health information as defined in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“plan of care” means a plan of care developed in accordance with section 62; (“programme de soins”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Registrar” means the Registrar of the Authority appointed under section 23; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“resident” means a person residing in a retirement home; (“résident”)

“residential complex” means a building or related group of buildings in which one or more rental units of living accommodation are located, and includes all common areas and services and facilities available for the use of the residents of the complex; (“ensemble d’habitation”)

“Residents’ Bill of Rights” means the Bill of Rights established under subsection 51 (1); (“déclaration des droits des résidents”)

“Residents’ Council” means a council established under subsection 56 (1); (“conseil des résidents”)

“retirement home” means a residential complex or the part of a residential complex,

(a) that is occupied primarily by persons who are 65 years of age or older,

(b) 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

(c) where the operator of the home makes at least two care services available, directly or indirectly, to the residents,

but does not include,

(d) premises or parts of premises that are governed by or funded under,

(i) Repealed: 2010, c. 11, s. 123 (1).

(ii) Repealed: 2010, c. 11, s. 123 (2).

(iii) the Homes for Special Care Act,

(iv) Repealed: 2010, c. 11, s. 123 (1).

(v) the Fixing Long-Term Care Act, 2021,

(vi) the Ministry of Community and Social Services Act,

(vii) Repealed: 2010, c. 11, s. 123 (1).

(viii) the Private Hospitals Act,

(ix) the Public Hospitals Act, or

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

(e) premises at which emergency hostel services are provided under the Ontario Works Act, 1997, or

(f) the other premises that are prescribed; (“maison de retraite”)

“rights adviser” means a person designated by or in accordance with the regulations as a rights adviser; (“conseiller en matière de droits”)

“Risk Officer” means the Risk Officer of the Authority appointed under section 24; (“agent de gestion des risques”)

“staff”, in relation to a retirement home, means every person who works or provides services at the home,

(a) as an employee of the licensee,

(b) pursuant to a contract or agreement with the licensee, or

(c) pursuant to a contract or agreement between the licensee and an employment agency or other third party; (“personnel”)

“substitute decision-maker” means a person who is authorized, under the Substitute Decisions Act, 1992 or under the provisions of the Health Care Consent Act, 1996 that apply with respect to retirement homes and residents of retirement homes, to make a decision or to give or refuse consent on behalf of another person in the circumstances in which the decision or consent, as the case may be, is required; (“mandataire spécial”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999; (“Tribunal”)

“volunteer”, in relation to a retirement home, means a person who works in or supplies services to the home, but who is not part of the staff of the home and who does not receive a wage or salary for the services or work that the person provides in the home. (“bénévole”) 2010, c. 11, ss. 2 (1), 123; 2017, c. 25, Sched. 10, s. 1; 2021, c. 39, Sched. 2, s. 25 (1).

Interpretation, related person

(2) A person who is related to another person for the purposes of clause (b) of the definition of “retirement home” in subsection (1) includes a person related through adoption, marriage, conjugal relationship outside marriage, other culturally traditional form of kinship as described in the regulations, if any, or through another prescribed form. 2016, c. 23, s. 67.

Section Amendments with date in force (d/m/y)

2010, c. 11, s. 123 (1) - 01/07/2010; 2010, c. 11, s. 123 (2) - 01/07/2011

2016, c. 23, s. 67 - 01/01/2017

2017, c. 25, Sched. 9, s. 117 - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023; 2017, c. 25, Sched. 10, s. 1 (1-3) - 12/12/2017

2021, c. 39, Sched. 2, s. 25 (1) - 11/04/2022

Interpretation, controlling interest

3 (1) For the purposes of this Act and without limiting the meaning of “controlling interest”,

(a) a person has a controlling interest in a corporation if,

(i) the person, either alone or with one or more associates, directly or indirectly owns, beneficially or otherwise, other than by way of security only, voting shares of the corporation carrying more than 50 per cent of the votes for the election of directors, and

(ii) the votes carried by such shares are sufficient, if exercised, to elect a majority of the board of directors of the corporation;

(b) a person has a controlling interest in an entity that is not a corporation if the person, either alone or with one or more associates, has the direct or indirect right or ability, beneficially or otherwise, to direct the management and policies of the entity; and

(c) a person has a controlling interest in a second person if the person, either alone or with one or more associates, has a controlling interest within the meaning of clause (a) or (b), as applicable, in a third person who has a controlling interest within the meaning of clause (a) or (b), as applicable, in the second person, and so on. 2010, c. 11, s. 3 (1).

Associate

(2) For the purpose of this section, one person is an associate of another person if,

(a) one person is a corporation of which the other person is a director or officer;

(b) one person is a partnership of which the other person is a partner;

(c) one person is a corporation that is...