On April 15, 2012, several sections of the new Ontario
Retirement Homes Act 2010 ("RHA") came
into force, which require that all operators of retirement homes be
licenced by the newly created "Retirement Homes Regulatory
Authority" (the "Authority"). Applications for
licences must be submitted by July 3, 2012, after which an operator
who has not submitted an application will be found to be in
contravention of the RHA. The remaining sections of the
RHA will come into force on a "rolling" basis
between now and January, 2014.
The determination of whether a licence will be issued, whether
any conditions will be imposed upon licences, and the
Authority's inspection frequency will be based on the strength
of the application. As such, it behooves the retirement homes to
put their "best foot forward" in completing their
application so as to ensure that the least onerous terms/conditions
are attached to their licence. In preparing the licence
application, several of a retirement home's existing documents
and policies will need to be updated to be compliant with the
requirements of the new legislation. This includes resident
agreements, care home information packages, as well as several key
policies and guidelines.
We have prepared a "user friendly" compliance
checklist to assist retirement homes in getting their organization
"RHA ready". Feel free to access this checklist
by clicking here. Please do not hesitate to contact us for
assistance with the preparation of your licence application and
ensuring that your policies, procedures, resident agreement and
information package comply with the requirements of the new
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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