O. Reg. 522/94: CARE HOMES

Rent Control Act, 1992
Loi de 1992 sur le contrôle des loyers

ONTARIO REGULATION 522/94

No Amendments

CARE HOMES

Note: This Regulation became spent some time before January 1, 2004.

This Regulation is made in English only.

1. (1) The following services are included in the definition of “care services”:

1. Nursing care provided by a member of the College of Nurses of Ontario.

2. Assistance with feeding.

3. Bathing assistance.

4. Incontinence care.

5. Dressing assistance.

6. Assistance with personal hygiene.

7. Ambulatory assistance.

8. Personal emergency response services.

(2) The following services are included in the definition of “care services” if they are provided along with any service set out in subsection (1):

1. Recreational or social activities.

2. Administration and supervision of medication prescribed by a medical doctor.

3. Assistance with transportation.

4. Housekeeping. O. Reg. 522/94, s. 1.

2. (1) November 23, 1993 is the date prescribed for the purpose of subsection 5 (3) of the Act, clause 33 (2) (f.2) of the Act and paragraphs 2, 3 and 4 of subsection 105 (1.1) of the Act for any rental unit,

(a) in respect of which, before November 23, 1993, an order had been made finding that any rental unit in the residential complex in which the rental unit is located was subject to rent regulations under the Act or a predecessor of the Act;

(b) that was subject to rent regulation under the Act on November 22, 1993; and

(c) that is in a residential complex that was a care home on November 23, 1993.

(2) For any rental unit to which subsection (1) applies but is not rented on November 23, 1993, the first day after November 23, 1993 that the unit is rented is the date prescribed.

(3) For a rental unit that was rented as a rental unit not in a care home on or after November 23, 1993 but becomes a rental unit in a care home, the day that the rental unit is first rented as a rental unit in a care home is the prescribed date for the purposes of,

(a) subsection 5 (3) of the Act;

(b) clause 33 (2) (f.2) of the Act; and

(c) paragraphs 2, 3 and 4 of subsection 105 (1.1) of the Act. O. Reg. 522/94, s. 2.

3. The information package referred to in section 9.1 of the Act is required to 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. List of the total charges for each combination of type of accommodation and alternative package of care services and meals available.

3. Description of the care services and meals provided in each of the alternative packages listed, any limitations on the availability of the care services and meals, and the charge for each of the alternative packages.

4. Information on the frequency of increases to the charge for each of the alternative packages listed.

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

6. Minimum staffing levels and qualifications of staff.

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

8. Internal procedures, if any, for dealing with complaints, including a statement as to whether tenants have any right of appeal from an initial decision.

9. Statements that:

i. Rent does not include charges for care services and meals.

ii. Generally, a landlord cannot increase the rent by more than the guideline that is set each year by the Ministry of Housing.

iii. A landlord must give the tenant a notice of rent increase at least 90 days before the date of the rent increase. A landlord can only increase the rent if 12 months have passed since the last rent increase for the unit. However, if the tenant rents part of the unit, the landlord can only increase the rent if 12 months have passed since the last rent increase for that part of the unit.

iv. If a landlord intends to increase the charge for providing care services or meals to a tenant, the landlord must give the tenant a notice to increase the charges for care services or meals at least 90 days before the date of the increase.

v. A tenant may cancel a tenancy agreement by telling the landlord in writing within five days after signing the tenancy agreement that the agreement is cancelled. O. Reg. 522/94, s. 3.

4. The maximum rent for a rental unit described in subsection 10 (2.1) of the Act, where there are fewer tenants occupying the rental unit on the initial rent date than the rental unit was intended to accommodate on the initial rent date, is determined by applying the following formula:

where	rent is the amount that is reasonably allocated to rent of the amounts actually charged for that rental unit and for the care services and meals provided to the tenants of that rental unit on the initial rent date,
	tsc is the total separate charges that are those amounts that the landlord charges separately.

O. Reg. 522/94, s. 4.