Residency Agreements and Assisted Living

Residency Agreements

Unlike long-term care, assisted living residences are required by law to enter into a written residency agreement with residents. The agreement must set out the following:

• names and contact information for the resident’s contact person or personal representative, if any, and purposes for which the operator may contact them;
• the hospitality and assisted living services that the facility will provide, including dietary accommodations;
• the rules of the assisted living residence;
• the rights of residents in assisted living (i.e., Residents’ Bill of Rights);
• duties and responsibilities of the assisted living facility operator;
• the resident’s responsibilities;
• the circumstances under which the resident may no longer reside in the assisted living residence;
• the criteria that will guide a decision to end the residency;
• the general level and type of training, experience, skills, and qualifications of the employees who provide assisted living services;
• any electronic surveillance or tracking used at the assisted living residence; and
• disclosure of anyone living in the assisted living residence who is not a resident and whether that person has access to the common areas of the residence.(1)

A residency agreement must also include the following information about fees and deposits:

• an itemized list of all fees the resident must pay;
• a statement of when residency fees are due;
• a description of the circumstances under which the fees may change;
• a description of all optional services and the fees for each of them;
• the terms and conditions for the payment and refund of fees; and
• a statement of the amount of any security or damage deposit paid or payable.(2)

The agreement must also include information about changing or ending the agreement, including:

• the circumstances in which the residency agreement may be changed;
• the procedures to be used to change the residency agreement, including advance notice of proposed changes; and
• changes, if any, that the operator may make to the residency agreement without the consent of the resident.(3)

References

1. Assisted Living Regulation, BC Reg 189/2019, ss 30-31 & Sch C, online: <canlii.ca/t/9lrn>.
2. Assisted Living Regulation, BC Reg 189/2019, Sch C, online: <canlii.ca/t/9lrn>.
3. Assisted Living Regulation, BC Reg 189/2019, Sch C, online: <canlii.ca/t/9lrn>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A step in a court proceeding in which each party advises the other of the documents in their possession which relate to the issues in the court proceeding and produces copies of any documents the other side requests before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.