Residential Tenancies Branch

Section 1

General Issues

Sub-Section 1.16

Unlicensed Residential Care Facilities

Legislation

s. 3(1)(f), The Residential Tenancies Act
Residential Care Facilities Licensing Regulation, M.R. 484/88R

Definitions

Personal Care Home: a place where an individual receives nursing, personal assistance or supervision in their daily living.

Residential Care Facility: Residential Care Facilities are licensed by the Residential Care Licensing Branch. These facilities are often called "guest homes". They provide non-professional care and supervision to residents who don’t need the type of personal care provided by a personal care or nursing home. Services may include room and board and assistance with medication and bathing.

Unlicensed Residential Care Facility: These facilities are not designated as personal care homes and are not licensed as residential care facilities. Services may include: meals, transportation, organized activities, housekeeping, linen service, 24-hour desk supervision, assistance to arrange nursing or medical care.

Policy

The Residential Tenancies Branch does not deal with disputes about licensed residential care facilities or personal care homes.

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The Residential Tenancies Branch deals with only certain tenant and landlord questions and disputes about unlicensed residential care facilities

For example:

• If a landlord doesn’t do necessary repairs, a tenant may ask the Branch for help.
  

• If a tenant doesn’t pay their rent, a landlord may apply for an Order of Possession.
  

• If a landlord plans to stop providing a service, they must apply to the Branch.

The Residential Tenancies Branch does not deal with:

• disagreements between tenants and landlords about meals. For example: If the tenants are not happy with the kind of meals or the amount of food the landlord is providing, the Branch won’t order the landlord to change their menu or provide more food.

• disagreements between landlords and tenants about the quality of an activity the landlord organizes. For example: If the tenants are not happy with the types of social activities the landlord is providing, the Branch won’t order the landlord to schedule different activities.

Procedure

Overview

This policy is included as information for landlords, tenants and staff. The Residential Tenancies Branch can clarify rights and responsibilities of landlords and tenants of unlicensed residential care facilities. If a tenant isn’t certain if the facility they live in is licensed or unlicensed, they can ask the Branch to confirm whether this policy applies to their facility.

Steps ▼

1.If an officer is uncertain whether a facility is licensed or unlicensed, the officer will contact the Residential Care Licensing Branch.

2.If a landlord and tenant of an unlicensed residential care facility can’t solve a problem with a tenancy, the officer encourages the landlord and tenant to share information and to discuss the problem to try to come to an agreement.

3.When a tenant or landlord asks the Branch for help with a problem, an appropriate officer follows the procedures for:

• mediation
• hearing

Forms & Form Letters

X-Referencing

For information on Repairs, see section 4.
For details on Orders of Possession, see section 8.
For information on Withdrawal of a Service, see section 13.

Policy Developed

March, 2004

Last Revision

May, 2015

Other Resources

None

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