Tests to determine when the Residential Tenancy Act applies. E.g. what counts as providing health care?

Question

My friend was in a work related accident and suffered brain damage. He pays rent to live in a building that the average person would not be eligible to live in. Guests are required to check in at the front desk and the staff help him (or at least remind him) to take his medication. Though I was told this was more them doing him a favour and not an official policy.

He was served a "One Month Notice to End Tenancy". I am uncertain if the Residential Tenancy Act would apply. Specifically

(i) in a community care facility under the Community Care and Assisted Living Act,

(ii) in a continuing care facility under the Continuing Care Act,

(iv) if designated under the Mental Health Act, in a Provincial mental health facility, an observation unit or a psychiatric unit,

(v) in a housing based health facility that provides hospitality support services and personal health care, or

(vi) that is made available in the course of providing rehabilitative or therapeutic treatment or services,

To my understanding the arbitrator to decide whether she has authority to decide such as a case, and whether the RTA applies. Is my understanding correct? If she does not have authority or the RTA doesn't apply, would that mean the eviction is cancelled unless a different avenue is taken?

A lot of these conditions do not seem very objective to me. Are there concrete tests to determine if the RTA applies? For example if there is a nurse or social worker whose job it is to assist the tenants, would that mean the RTA doesn't apply?

Answer 1

To my understanding the arbitrator to decide whether she has authority to decide such as a case, and whether the RTA applies. Is my understanding correct?

The tribunal handling the eviction determines if it applies.

If she does not have authority or the RTA doesn't apply, would that mean the eviction is cancelled unless a different avenue is taken?

Yes.

A lot of these conditions do not seem very objective to me. Are there concrete tests to determine if the RTA applies?

This is much more definite and specific that many, many others statutes. Nothing in the law is perfectly objective and there are always edge cases, but this is relatively clear. There might be case law interpreting the statute, but even if there is, there might be no cases on point.

For example if there is a nurse or social worker whose job it is to assist the tenants, would that mean the RTA doesn't apply?

In cases (i), (ii), (iv) and (vi) there is probably a license for the facility or some kind of equivalent government documentation that establishes its status. One could ask the facility how, if at all, it is licensed, and that is probably also a public record somewhere. The residual category would be (v) which states:

in a housing based health facility that provides hospitality support services and personal health care

One would have to investigate the facts about the facility to determine the truth, but this is still a fairly clear standard. If it is not a "health facility" or does not provide "personal health care" it might not quality.