Act
Strengthening the Retirement Homes Act, 2010
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Retirement Homes Act, 2010
Summary of Decision:
Bill 37: Providing More Care, Protecting Seniors and Building More Beds Act, 2021 (Bill 37) received Royal Assent on December 9, 2021. Bill 37 amends the Retirement Homes Act, 2010 (RHA) to:
• provide the Registrar of the RHRA (Registrar) with the authority to make two new orders, allowing the Registrar to act expeditiously (without establishing a contravention of the RHA) in extraordinary circumstances that have resulted or may result in harm or a risk of harm to a resident to:
~ assign a manager to a home to oversee or assist in the operation of the home; or
~ require the licensee to do/not do something to address the circumstance, including to comply with the advice of related experts;
• allow the Registrar to impose requirements during the licensing application process in cases where the Registrar has issued an order to direct the operator of an unlicensed home to apply for a licence;
• require that licensees provide price lists for accommodation and services in paper and/or electronic form when requested by an individual;
• allow the Registrar to share information with law enforcement to aid an ongoing or prospective inspection or investigation;
• allow the Registrar to collect resident or substitute decision-maker (SDMs) contact information from residents, SDMs or licensees for the purpose of carrying out the RHRA's objects set out in clause 16(a) and (b) of the RHA;
• permit the RHRA to require a licensee deliver a written communication to a resident or SDM on the RHRA's behalf;
• create various regulation-making authorities, such as prescribing additional categories of data the Registrar may collect; and
• clarify requirements in the RHA by simplifying language, removing spent provisions, reducing duplicative obligations and streamlining processes.
Most amendments came into effect on Royal Assent. Other changes required further regulations to give them effect or time to educate the sector. Such changes came into effect on proclamation.
• provide the Registrar of the RHRA (Registrar) with the authority to make two new orders, allowing the Registrar to act expeditiously (without establishing a contravention of the RHA) in extraordinary circumstances that have resulted or may result in harm or a risk of harm to a resident to:
~ assign a manager to a home to oversee or assist in the operation of the home; or
~ require the licensee to do/not do something to address the circumstance, including to comply with the advice of related experts;
• allow the Registrar to impose requirements during the licensing application process in cases where the Registrar has issued an order to direct the operator of an unlicensed home to apply for a licence;
• require that licensees provide price lists for accommodation and services in paper and/or electronic form when requested by an individual;
• allow the Registrar to share information with law enforcement to aid an ongoing or prospective inspection or investigation;
• allow the Registrar to collect resident or substitute decision-maker (SDMs) contact information from residents, SDMs or licensees for the purpose of carrying out the RHRA's objects set out in clause 16(a) and (b) of the RHA;
• permit the RHRA to require a licensee deliver a written communication to a resident or SDM on the RHRA's behalf;
• create various regulation-making authorities, such as prescribing additional categories of data the Registrar may collect; and
• clarify requirements in the RHA by simplifying language, removing spent provisions, reducing duplicative obligations and streamlining processes.
Most amendments came into effect on Royal Assent. Other changes required further regulations to give them effect or time to educate the sector. Such changes came into effect on proclamation.
Analysis of Regulatory Impact:
The Ministry completed a regulatory impact analysis of the legislative changes which was informed by feedback through stakeholder engagement, including posting on the regulatory registry for public comment.
These amendments benefit approximately 60,000 residents in almost 780 retirement homes in Ontario by:
• increasing protection of resident and staff safety in licensed retirement homes and homes proceeding through the licensing process;
• allowing for more effective supports to help timely and data-driven decision-making;
• promoting consumer protection and choice; and
• strengthening the RHRA as a modern regulator.
Some changes also support the government's goal of clarifying language and processes and reducing regulatory burden without impacting resident safety.
The legislative amendments are anticipated to have an average present value cost of $85,600 annually over the next 10 years to the retirement home sector. This estimated cost relates to licensees providing price lists and delivering written communications to retirement home residents or their substitute decision makers at the request of the RHRA. Costs were calculated using the Regulatory Cost Calculator with a discount rate of 2.5 per cent.
Several amendments grant new authorities to the RHRA, the details of which, including costs, have been addressed in the regulatory impact analysis for those proposed regulatory changes.
These amendments benefit approximately 60,000 residents in almost 780 retirement homes in Ontario by:
• increasing protection of resident and staff safety in licensed retirement homes and homes proceeding through the licensing process;
• allowing for more effective supports to help timely and data-driven decision-making;
• promoting consumer protection and choice; and
• strengthening the RHRA as a modern regulator.
Some changes also support the government's goal of clarifying language and processes and reducing regulatory burden without impacting resident safety.
The legislative amendments are anticipated to have an average present value cost of $85,600 annually over the next 10 years to the retirement home sector. This estimated cost relates to licensees providing price lists and delivering written communications to retirement home residents or their substitute decision makers at the request of the RHRA. Costs were calculated using the Regulatory Cost Calculator with a discount rate of 2.5 per cent.
Several amendments grant new authorities to the RHRA, the details of which, including costs, have been addressed in the regulatory impact analysis for those proposed regulatory changes.
Further Information:
Schedule 3 of Bill 37: Retirement Homes Act, 2010 Amendments
Proposal Number:
21-MSAA001
Posting Date:
October 28, 2021
Summary of Proposal:
The Ministry for Seniors and Accessibility (the "Ministry") conducted a review of the Act in 2015 and 2020 to identify opportunities to strengthen the legislative framework governing the retirement home sector.
The COVID-19 pandemic, stakeholder consultations and the Office of the Auditor General of Ontario's (OAGO) 2020 Value for Money Audit of the Retirement Homes Regulatory Authority (the "RHRA") underscored challenges and gaps, specifically in the areas of governance, sector oversight, and resident care and safety, that must be addressed to protect and support seniors in retirement homes.
The proposed amendments to the Act are intended to enhance the retirement homes regulator's-the RHRA-compliance and oversight tools to protect resident care, safety and security, increase transparency and promote consumer choice and protection, as well as improve supports for data and system planning. The proposed amendments are responsive to issues identified in the Ministry's reviews and action items recommended by the OAGO.
The proposed amendments, if passed by the Ontario Legislature, would:
-Provide the Registrar of the RHRA with the authority to make two new orders, allowing the Registrar to act expeditiously in extraordinary circumstances that have resulted or may result in harm or a risk of harm to a resident, and
~assign a manager to a home to oversee or assist in the operation of the home; or
~require the licensee to do or not do something to address the extraordinary circumstance, including to comply with the advice of persons with expertise dealing with the extraordinary circumstance.
(The new orders would not require that the Registrar find a contravention of the Act before they can be made)
-Provide the Registrar with the authority to order unlicensed operators to comply with certain requirements that are set out in the order while the home is undergoing the licensing application process.
-Require that price lists for accommodation and services be provided, in paper and/or electronic form by a licensee whenever requested by an individual.
-Allow the Registrar to share information with law enforcement to aid an ongoing or prospective inspection or investigation.
-Provide for regulation-making authority to prescribe additional categories of information that the Registrar could collect.
-Permit the RHRA to
~collect resident or substitute decision-maker (SDM) contact information from residents, SDMs or licensees for the purpose of administering the Act and the regulations;
~oblige a licensee to comply with the RHRA's request for contact information; and
~require the licensee to deliver a written communication, on behalf of the RHRA, to a resident or their SDM in a time and manner the RHRA may specify.
-Provide for regulation-making authority with respect to prohibiting borrowing from residents by a licensee.
-Clarify requirements in the Act by simplifying language, removing spent provisions, and reducing duplicative obligations.
-Allow the Registrar to withhold information from the public that is otherwise required to be included in the public register kept for licensees and licence applicants if disclosing the information may contravene another Act or cause undue prejudice to an applicant and withholding the information would not have a significant effect on residents or other consumers.
If the proposed changes are passed by the Legislature, the Ministry would propose associated regulations, at a later date.
The COVID-19 pandemic, stakeholder consultations and the Office of the Auditor General of Ontario's (OAGO) 2020 Value for Money Audit of the Retirement Homes Regulatory Authority (the "RHRA") underscored challenges and gaps, specifically in the areas of governance, sector oversight, and resident care and safety, that must be addressed to protect and support seniors in retirement homes.
The proposed amendments to the Act are intended to enhance the retirement homes regulator's-the RHRA-compliance and oversight tools to protect resident care, safety and security, increase transparency and promote consumer choice and protection, as well as improve supports for data and system planning. The proposed amendments are responsive to issues identified in the Ministry's reviews and action items recommended by the OAGO.
The proposed amendments, if passed by the Ontario Legislature, would:
-Provide the Registrar of the RHRA with the authority to make two new orders, allowing the Registrar to act expeditiously in extraordinary circumstances that have resulted or may result in harm or a risk of harm to a resident, and
~assign a manager to a home to oversee or assist in the operation of the home; or
~require the licensee to do or not do something to address the extraordinary circumstance, including to comply with the advice of persons with expertise dealing with the extraordinary circumstance.
(The new orders would not require that the Registrar find a contravention of the Act before they can be made)
-Provide the Registrar with the authority to order unlicensed operators to comply with certain requirements that are set out in the order while the home is undergoing the licensing application process.
-Require that price lists for accommodation and services be provided, in paper and/or electronic form by a licensee whenever requested by an individual.
-Allow the Registrar to share information with law enforcement to aid an ongoing or prospective inspection or investigation.
-Provide for regulation-making authority to prescribe additional categories of information that the Registrar could collect.
-Permit the RHRA to
~collect resident or substitute decision-maker (SDM) contact information from residents, SDMs or licensees for the purpose of administering the Act and the regulations;
~oblige a licensee to comply with the RHRA's request for contact information; and
~require the licensee to deliver a written communication, on behalf of the RHRA, to a resident or their SDM in a time and manner the RHRA may specify.
-Provide for regulation-making authority with respect to prohibiting borrowing from residents by a licensee.
-Clarify requirements in the Act by simplifying language, removing spent provisions, and reducing duplicative obligations.
-Allow the Registrar to withhold information from the public that is otherwise required to be included in the public register kept for licensees and licence applicants if disclosing the information may contravene another Act or cause undue prejudice to an applicant and withholding the information would not have a significant effect on residents or other consumers.
If the proposed changes are passed by the Legislature, the Ministry would propose associated regulations, at a later date.
Contact Address:
Ministry for Seniors and Accessibility
6th Floor, Suite 600
College Park
777 Bay Street
Toronto ON M7A 2J4
6th Floor, Suite 600
College Park
777 Bay Street
Toronto ON M7A 2J4
Royal Assent Date:
December 9, 2021
Decision:
Approved