On February 22, 2011, the Ontario government announced proposed regulations under the Retirement Homes Act, 2010.

In part, the regulations would define “retirement home” for the purposes of the Act as a facility with a minimum of six qualifying residents, excluding the premises or parts of premises used to deliver certain programs for which there is already oversight (i.e. residential treatment programs or supportive housing programs under the Home Care and Community Services Act, 1994, Local Health System Integration Act, 2006 and the Ministry of Health and Long-Term Care Act, 1990).

In addition, the regulations would outline retirement home licensing and complaints procedures, care and safety standards and resident rights and protections.

The government further announced the appointment of an interim board of directors to lead the Retirement Homes Regulatory Authority. Administrative requirements for the Authority's emergency fund, financial penalties for homes not in compliance with regulations and processes around the transitional phase-in of regulations will follow in a future phase of proposed regulations, expected to be announced later this year.

As previously reported, the Act received Royal Assent on June 8, 2010 and provides legislative protection for seniors living in retirement homes. Parts III to IX of the Act come into force on a date to be named by Proclamation.

The proposed regulations follow a consultation period with various stakeholders and experts, including municipalities and operators.

Interested persons may comment on the proposed regulations before April 8, 2011.