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."

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