In the realm of elder law, safeguarding the rights of older adults, particularly those living in care homes, is a matter of growing legal and social concern. Seniors in care homes are often among the most vulnerable members of our communities, relying on landlords not only for housing, but also for access to essential services such as meals and personal care services.

When these services come at a cost, and when those costs go up, the law must strike a careful balance between the rights of the landlord to adjust fees and the tenant’s right to transparency, stability, and fair treatment.

This post explores how the Residential Tenancies Act, 2006 (“RTA”) governs increases to charges for care services and meals in care homes, and how tenants, often elderly and potentially facing cognitive or physical impairments, can be protected from abrupt changes in their living situation.

Notice Requirements for Increasing Charges

Under Section 150 of the RTA, landlords of care homes must provide at least 90 days’ written notice before increasing charges for care services or meals. This notice must be given using the N3 Form approved by the Landlord and Tenant Board (the “LTB”).

But there’s an exception: if the tenant and landlord mutually agree to add a new service or increase an existing one (e.g., more hours of therapeutic care), the 90-day notice is not required.

No Legal Limit on Increase Amount or Frequency

One of the most concerning features of Section 150 from an elder protection standpoint is that there are no restrictions on:

• How much a landlord can increase charges for meals or care services;
• How often these charges can be increased.

Unlike rent, which is subject to guideline limits and annual timing, these essential service charges can be adjusted with far more flexibility. The N3 Instructions Form and case law (EAT-67878-17 (Re), 2018 CanLII 42899) confirm this: the increases are not limited in amount or timing.

This legal gap makes it even more important for seniors and their advocates to be vigilant when it comes to these increases.

Care Charges Must Be Kept Separate from Rent

Landlords are strictly prohibited from bundling rent together with care service or meal charges. These amounts must be listed separately on the N3 Form.

Why? Because care services and meals are excluded from the legal definition of “rent” under section 2(1) of the RTA. Including them as part of rent could be seen as a backdoor way to circumvent Ontario’s rent control laws, which provide important protections for tenants.

The Care Home Information Package: A Prerequisite to Any Increase

Before issuing an N3 notice to increase charges, a landlord must have already provided the tenant with a Care Home Information Package (CHIP).

This package gives tenants vital details about the services they are entitled to receive and the costs associated with their care. The law is clear: a landlord cannot raise charges if this package was never provided when the tenancy began.

No Requirement to Explain the Increase

Unlike some other LTB forms, the N3 does not require landlords to justify or explain why charges are increasing. This is particularly concerning in the elder law context, where transparency is crucial.

In EAT-67878-17 (Re), a landlord increased care charges and simply stated the rise was due to “increasing operating costs.” No further detail was provided, and the LTB accepted the notice as valid. There’s currently no obligation to provide a detailed breakdown or rationale.

What If a Landlord Acts Prematurely or Improperly?

When landlords fail to follow proper procedures—such as trying to act on an increase before it takes effect, or entering a unit to remove belongings—tenants have powerful tools under the RTA to assert their rights.

A T2 Application About Tenant Rights may be filed in cases where the landlord has:

• Illegally entered the unit;
• Interfered with the tenant’s reasonable enjoyment of the home;
• Withheld or disrupted care services or meals.

This kind of interference is not only distressing, but potentially unlawful, particularly for seniors who may be physically or mentally unable to advocate for themselves.

Remedies Available to Vulnerable Tenants

The T2 Application allows the Landlord and Tenant Board to order a wide range of remedies, including:

• Compensation for moving or storage costs;
• Return of the tenant’s possessions;
• Rent abatement;
• Orders requiring the landlord to stop unlawful activity;
• Reinstatement of tenancy, if the tenant has been improperly displaced.

These remedies can play a critical role in restoring stability and protecting the dignity of elderly tenants who are at risk of being exploited or displaced without due process.

Proposed Changes: Bill 23, Protecting Seniors’ Rights in Care Homes Act, 2025

In response to the growing number of seniors opting for retirement residences, Ontario legislators have introduced Bill 23, titled “Protecting Seniors’ Rights in Care Homes Act, 2025.” This Bill aims to amend the RTA, and the Retirement Homes Act, 2010, including placing restrictions on fee increases, mandating that a charge can be increased only once every 12 months and must align with broader RTA stipulations, including rent increase guidelines.

Final Thoughts: Protecting Seniors Through Legal Awareness

Increases to charges for meals and care services in Ontario’s care homes may seem like a routine administrative step, but for elderly tenants, these changes can be deeply disruptive—especially when they are not handled transparently or lawfully.

Ontario’s elder law framework depends on tenants, family members, and legal advocates knowing what the RTA does, and doesn’t require. While landlords have broad discretion to increase care-related fees, they are still bound by clear procedural obligations, and tenants have legal avenues to respond to abuses.

By understanding Section 150 of the RTA and the remedies available through a T2 application, we can better ensure that the law protects not just tenancy rights, but the well-being and autonomy of Ontario’s seniors.