10 PART IX CARE HOMES

Responsibilities of Landlords and Tenants

Agreement required

139. (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home. 2006, c. 17 s. 139 (1).

Contents of agreement

139. (2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them. 2006, c. 17 s. 139 (2).

Compliance

139. (3) If, on application by a tenant, the Board determines that subsection (1) or (2) has not been complied with, the Board may make an order for an abatement of rent. 2006, c. 17 s. 139 (3).

Information to tenant

140. (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information. 2006, c. 17 s. 140 (1).

Effect of non-compliance

140. (2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant. 2006, c. 17 s. 140 (2).

Tenancy agreement: consultation, cancellation

Tenancy agreement: right to consult

141. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into. 2006, c. 17 s. 141 (1).

Cancellation

141. (2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it. 2006, c. 17 s. 141 (2).

Entry to check condition of tenant

142. (1) Despite section 25, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so. 2006, c. 17 s. 142 (1).

Right to revoke provision

142. (2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord. 2006, c. 17 s. 142 (2).

Assignment, subletting in care homes

143. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord. 2006, c. 17 s. 143.

Notice of termination

144. (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if,

(a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord;

(b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than the prescribed period; and

(c) the period of tenancy agreed to has expired. 2006, c. 17 s. 144 (1).

Period of notice

144. (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 44 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 2006, c. 17 s. 144 (2).

Termination, care homes

145. (1) Despite section 44, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord. 2006, c. 17 s. 145 (1).

Care services and meals

145. (2) A tenant who terminates a tenancy under subsection (1) may require the landlord to stop the provision of care services and meals before the date the tenancy terminates by giving at least 10 days notice to the landlord. 2006, c. 17 s. 145 (2).

Same

145. (3) The tenant has no obligation to pay for care services and meals that would otherwise have been provided under the tenancy agreement after the date the landlord is required to stop the provision of care services and meals under subsection (2). 2006, c. 17 s. 145 (3).

Same

145. (4) The estate of a tenant has no obligation to pay for care services and meals that would otherwise have been provided under the tenancy agreement more than 10 days after the death of the tenant. 2006, c. 17 s. 145 (4).

Notice of termination, demolition, conversion or repairs

146. (1) A landlord who gives a tenant of a care home a notice of termination under section 50 shall make reasonable efforts to find appropriate alternate accommodation for the tenant. 2006, c. 17 s. 146 (1).

Same

(2) Sections 52 and 54 do not apply with respect to a tenant of a care home who receives a notice of termination under section 50 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1). 2006, c. 17 s. 146 (2); 2009, c. 33, Sched. 21, s. 11 (7).

External care providers

147. A landlord shall not,

(a) do anything to prevent a tenant of a care home from obtaining care services from a person of the tenant’s choice that are in addition to care services provided under the tenancy agreement; or

(b) interfere with the provision of care services to a tenant of a care home, by a person of the tenant’s choice, that are in addition to care services provided under the tenancy agreement. 2006, c. 17 s. 147.

Transferring tenancy

Application

148. (1) A landlord may apply to the Board for an order transferring a tenant out of a care home and evicting the tenant if,

(a) the tenant no longer requires the level of care provided by the landlord; or

(b) the tenant requires a level of care that the landlord is not able to provide. 2006, c. 17 s. 148 (1).

Order

148. (2) The Board may issue an order under clause (1) (b) only if it is satisfied that,

(a) appropriate alternate accommodation is available for the tenant; and

(b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant’s care needs. 2006, c. 17 s. 148 (2).

Mandatory mediation

148. (3) If a dispute arises, the dispute shall be sent to mediation before the Board makes an order. 2006, c. 17 s. 148 (3).

Same

148. (4) If the landlord fails to participate in the mediation, the Board may dismiss the landlord’s application. 2006, c. 17 s. 148 (4).

Rules Related to Rent and Other Charges

Rent in care home

149. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VII apply, subject to subsection 6 (2), with respect to each tenancy agreement as if it were an agreement for a separate rental unit. 2006, c. 17 s. 149.

Notice of increased charges

150. (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord’s intention to do so. 2006, c. 17 s. 150 (1).

Contents of notice

150. (2) The notice shall be in writing in the form approved by the Board and shall set out the landlord’s intention to increase the charge and the new charges for care services and meals. 2006, c. 17 s. 150 (2).

Effect of non-compliance

150. (3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and the landlord must give a new notice before the landlord can take the increase. 2006, c. 17 s. 150 (3).

Certain charges permitted

151. (1) Nothing in subsection 134 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 140 and 150. 2006, c. 17 s. 151 (1).

Same

151. (2) Nothing in subsection 134 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant. 2006, c. 17 s. 151 (2).