Under Ontario’s Residential Tenancies Act, 2006 (RTA), care homes provide both accommodation and personal care services to residents. When a care home resident’s health status or support requirements change significantly, care home operators can submit Form L7: Application to Transfer a Care Home Tenant to the Landlord and Tenant Board (LTB).
At Lex Defensio, our legal team guides care home operators, retirement residences, and administrative staff through the legal and regulatory steps required to process care transfers under Part VIII of the RTA.
Statutory Grounds for Filing Form L7
The LTB will consider an L7 Transfer Application under two specific statutory grounds set out in Section 148 of the RTA:
Reason 1: Tenant Requires Less Care
The tenant no longer requires the level of care provided by the facility:
- The tenant’s medical or physical condition has improved, making the care home’s minimum care package unnecessary.
- The tenant has repeatedly and substantially withdrawn from participating in agreed-upon care services listed in their tenancy agreement without securing equivalent community-based care.
Reason 2: Tenant Requires a Higher Level of Care
The tenant’s physical or cognitive needs have progressed beyond what the care home can safely provide:
- The facility cannot safely accommodate the resident’s current care needs.
- Combining internal care home services with third-party community support providers (e.g., Home and Community Care Support Services) remains insufficient to meet the resident’s safety or medical requirements.
Mandatory Prerequisites for Higher-Care Transfers
When filing under Reason 2 (higher care required), the LTB will not issue a transfer order unless the operator satisfies two strict conditions:
- Exhaustion of Support Services: Demonstrating that the tenant’s care needs cannot be met even with supplemental, community-based care services provided alongside the care home’s existing care staff.
- Alternative Accommodation Available: Proving that appropriate alternative accommodation (such as a long-term care facility or specialized medical housing) has been located and secured for the resident.
Step-by-Step Form L7 Transfer Process
- Assemble Medical & Care Plan Records: Documentation & Assessment. Gather detailed medical assessments, care plans, physician reports, and incident logs documenting changes in the tenant’s care needs.
- Submit Form L7 to the LTB: Statutory Filing. File Form L7 with the LTB along with the filing fee ($201).
- Specify whether the transfer request is for less care or higher care.
- Detail the availability of alternative accommodation if requesting a higher care transfer.
- Serve Application Package & Substitute Decision Maker: Notice Requirements. Serve a copy of the application and Notice of Hearing on the tenant and, if applicable, their Power of Attorney (POA) or Substitute Decision Maker (SDM).
- Participate in LTB Board Mediation: Mandatory Mediation Phase. An LTB mediator will contact both parties to explore a voluntary settlement agreement regarding placement or alternative accommodations.
Note:* Refusing to participate in LTB mediation can result in the Board dismissing the application.
- Attend Formal Adjudication Hearing: LTB Proceeding. If mediation is unsuccessful, present medical evidence, care service records, and alternative placement details before an LTB adjudicator.
- Coordinate Safe Transfer or Transition: Order Execution. Upon receiving the LTB transfer order, coordinate the transition process with healthcare providers, family members, or the receiving facility.
Strategic Summary: Transfer Ground Requirements
| Application Ground | Core Criteria | Key Evidentiary Requirements | Mandatory Safeguard |
|---|---|---|---|
| Less Care Needed | Tenant needs fall below minimum care service levels or the tenant has withdrawn from services. | Care agreements, service logs, assessment reports. | Verification that tenant is not receiving equivalent community care. |
| Higher Care Needed | Tenant care requirements exceed facility capabilities. | Nursing assessments, physician reports, incident logs. | Must confirm secured alternative accommodation before an order is issued. |

