Overview

We consulted the public on proposed changes to the Ontario Regulation 166/11: General under the Retirement Homes Act, 2010.

Many of these proposed changes complement and support amendments to the Act, which were recently passed as part of Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. Bill 37 received Royal Assent on December 9, 2021.

The proposed regulatory amendments would:

  • increase oversight of the retirement home sector
  • improve resident care and safety
  • reduce red tape in the retirement home regulatory framework

Proposed changes

The draft proposed regulation changes would amend the regulation in various ways. These include:

  1. Repeal duplicative, obsolete and transitional provisions in the Regulation that are no longer needed and delete references to section 114 of the Act, which was repealed in Bill 37; make amendments consequential to amendments in Bill 37.   
  2. Consolidate and clarify the contents of an application for a licence to operate a retirement home. 
  3. Clarify training and information requirements, exempting retirement homes from training obligations in the Act and the Regulation for certain staff in the home who provide only occasional maintenance, repair, religious or entertainment services and who do not provide direct care to residents and, separately, clarifying information to be given to external care providers.
  4. Provide that notice of suspected abuse is not to be given to a resident’s substitute decision-maker if that person is suspected of the alleged abuse; prohibit a staff member, external care provider or volunteer of a retirement home from borrowing, receiving or holding money or property of a resident unless they are related to that resident.
  5. Modify requirements concerning food preparation and emergency protocols in the home.
  6. Enumerate a list of extraordinary circumstances, under which one of two orders added to the Act in Bill 37 can be issued.  
  7. Clarify: 
    • an operator’s obligation to surrender a licence when it is terminated or revoked;
    • situations in which the home must provide information to the Registrar; and
    • in what events a home must give notice to the Registrar. 
  8. Expand the situations in which the Registrar may disclose information obtained under the Act and to whom. 
  9. Permit the Retirement Homes Regulatory Authority (the “Authority”) to invest money in the emergency fund in accordance with the Trustee Act. 

Read the draft proposed regulation changes.