Demystifying the rights of residential seniors
Respecting the tenant’s privacy
Published on September 7, 2023 by Estephany Fernandez Suero. Journal Le Canada Français, page A-20.
Residents of private seniors’ residences (PSRs) have the same right to privacy as other categories of tenants. However, many tenants in these buildings have reported intrusions and restrictions on their housing, in direct contravention of this fundamental right.
Residential tenancy legislation requires landlords to give tenants 24 hours’ prior notice, unless an emergency arises, of any visit to the dwelling.
One of the unique features of private seniors’ residences is the personal care and assistance services they offer. The line between violation of privacy and authorized access through the provision of these services can sometimes be difficult to draw. Staff who enter the home to provide care or other services, without having heard a response after knocking on the door, or even intrude directly, is an eloquent example of where this boundary can be instrumentalized.
The right to privacy also means being able to make personal decisions without external influence.
Seniors, for example, should be able to obtain services from the person of their choice. However, it is not uncommon to find clauses in lease contracts that oblige tenants to choose professionals selected by the residence. This practice is prohibited by the Civil Code of Québec.
VISITS
Like any other tenant renting a dwelling, people living in an PSR should be able to make their own decisions about who is allowed in and out of their apartment. Seniors have the right to give access to their homes to any guests they wish. Furthermore, a resident’s right to visit cannot be controlled by imposing a schedule for visitors, for example during meals or at night.
Privacy is intimately linked to a person’s home. Buildings, such as private seniors’ residences, are no exception to this right, nor to the right to be treated with dignity. Life in an PSR is sometimes wrongly compared to other settings and environments, such as CHSLDs.
It’s important to remember that tenants of private seniors’ residences have the same rights and obligations as those living in ordinary housing. Tenants of these facilities who feel their rights have been violated can contact the Centre d’assistance et d’accompagnement aux plaintes (CAAP) Montérégie for information or assistance, rpacaap@caapmonteregie.ca.
It’s important to remember that tenants of private seniors’ residences have the same rights and obligations as those living in ordinary housing.
