Posting of the Retirement Homes Act, 2010 Draft Regulation - Phase Two
Regulation - LGIC
Bill or Act:
Retirement Homes Act, 2010
Summary of Decision:
The Retirement Homes Act, 2010 (Act) and its regulations establish mandatory care, safety and administrative standards for retirement homes.
The Act also creates the Retirement Homes Regulatory Authority with the power and obligation to enforce the Act, including licensing homes and conducting inspections and investigations.
The proposed Phase Two regulations were posted for public consultation from May 20 - June 20, 2011 on the Regulatory Registry and the OSS website. They are now finalized, filed and being phased into force in five stages:
- April 15, 2012;
- July 1, 2012;
- January 1, 2013;
- July 1, 2013; and,
- January 1, 2014.
May 20, 2011
Summary of Proposal:
The Ontario Seniors' Secretariat (OSS) is responsible for consulting on proposed initial regulations to support the implementation of the Retirement Homes Act, 2010, which received royal assent on June 8, 2010.
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 six 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. Some sections of the Act have been proclaimed into force to allow for the implementation of the RHRA and other sections and supporting regulations will be brought into force in steps to allow for effective implementation.
This consultation concerns the second 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:
o Insurance (e.g., required policies, minimum coverage, limitations)
o Emergency fund (e.g., administration, maintenance, terms of trust)
o Administrative penalties for failing to comply with regulations
o Transitional matters (e.g., in-force timing for licensees to comply with the regulations)
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 Two of the proposed regulations under the Act over a 30-day period, beginning May 20, 2011 and ending on June 20, 2011. Written submissions received during the consultation period will be considered in the final preparation of the regulations. Consultation on subsequent phases is expected to occur later in 2011.
Retirement Homes Project
Ontario Seniors’ Secretariat
777 Bay Street, 6th floor
Toronto, Ontario M7A 2J4
April 12, 2012