Ontario Retirement Homes Draft Regulation

The Act establishes mandatory care, safety and administrative standards for retirement homes by regulation. Under the Act, a retirement home is generally defined to mean a residential complex or the part of a residential complex that is occupied primarily by persons who are 65 years of age or older, 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. The definition exempts premises or parts of premises that are governed by or funded under certain provincial programs, including domiciliary hostels and homes for special care.

The Act also creates the Retirement Homes Regulatory Authority (RHRA), with the power and obligation to enforce the Act including licensing homes and conducting inspections and investigations. Parts I and II of the Act have been proclaimed into force to allow for the implementation of the RHRA and other parts and supporting regulations will be brought into force in steps to allow for effective implementation.

This consultation concerns the first phase of the proposed regulations. The Act and regulations provide strong protections for seniors, informed consumer choice, and flexibility for the range of care services provided in the wide variety and types of retirement homes throughout Ontario.

This phase of the regulations includes requirements for the following areas:
- Definition and scope of “retirement home”
- Licensing to operate a retirement home
- Documentation and communication of information
- Care standards
- Assessments
- Safety standards
- Training
- Use of Personal Assistance Services Devices
- Complaints procedures
- Public register
- Right to use French in dealings with the Authority
- Transitional issues associated with ceasing to operate a retirement home

Details of the proposed initial regulations can be found on the OSS website listed below under “further information”. The public is invited to provide written comments, in either English or French, on Phase One of the proposed regulations under the Act over a 45-day period, beginning February 22, 2011 and ending on April 8, 2011. Written submissions received during the consultation period will be considered in the final preparation of the regulations. Future phase(s) of the proposed regulations will include regulations for the emergency fund, administrative monetary penalties and transitional matters. Consultation on subsequent phases is expected to occur later in 2011.