You have rights if you live in a private seniors’ residence (RPA), an intermediate resource (IR) or a long-term care centre (CHSLD). In this article, we explain what to do if you have a problem with your housing or care, or if you experience mistreatment or injustice.
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The article in short
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You have rights
All seniors in Quebec have rights, no matter where they live. Some rights apply to everyone, like the right to dignity and safety. Others are specific to tenants, whether they’re renting in a private seniors’ residence (RPA) or another type of housing. Some rights apply to people who live in intermediate resources (IR) or a long-term care centre (CHSLD). Finally, some rights are for people receiving health care at home or in a public facility.
Your rights, no matter where you live
All seniors in Quebec have fundamental rights, no matter where they live, including at home, in a private seniors’ residence, an intermediate resource, a CHSLD or a senior home (Maison des aînés).
For example, you always have the right to:
- Dignity and privacy: No one can go through your stuff or come into your room without your permission, except in an emergency.
- A clean and safe environment: Your housing must be well-maintained and adapted to your needs.
- Protection against mistreatment, neglect, and abuse: No one can insult you, threaten you or commit violence against you.
- Freedom from discrimination: You can’t be refused services because of your age or a disability.
Your rights as a tenant
You have rights if you’re renting your home, even in a private seniors’ residence. The rules for private seniors’ residences are usually the same as for any other rental housing.
This means that your housing must be safe and accessible. For example, if a staircase is dangerous, the landlord must fix it.
It also means you can’t be kicked out of your housing, except in limited and specific situations. Read our article about your rights when it comes to being evicted to learn more.
In general, you need to respect your lease until the end date. However, you can usually cancel a lease before the end date in these situations:
- Your health requires you to move to a facility that provides care, like a private seniors’ residence, an intermediate resource or a CHSLD.
- Your disability makes it impossible for you to stay in your home.
If you have a problem with your landlord or your housing, you can contact the housing committee in your area or go to the Tribunal administratif du logement (TAL or housing court). The TAL used to be called the Régie du logement (housing board). This is the government body that makes sure your housing rights are respected. You can also reach them by phone at 1 (800) 683-2245.
Your rights if you live in an adapted living environment for seniors
If you live in housing like a private seniors’ residence (RPA), an intermediate resource, a CHSLD or a senior home (Maison des aînés), you benefit from several protections.
For example, you have the right to receive a copy of the staff’s code of ethics so that you know what rules apply to their interactions with you. You also have the right to receive clear information about the services being offered, how much they cost, and how to file a complaint.
For detailed information describing each of these facilities and how they work, read our articles on:
- private seniors’ residences (RPA),
- intermediate resources,
- CHSLDs and senior homes (Maisons des aînés).
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Can you install a camera in your room? You can sometimes install a surveillance camera for security reasons or to stay connected with your loved ones virtually. But there are rules. For example, you can’t film staff or other residents without their permission. Ask the staff at your facility to find out what’s allowed. |
Your rights when you receive care
If you receive health care or social services, you have the right to:
- be informed about your health and your treatment options,
- understand what services are available and how to access them,
- accept or refuse medical care,
- have access to the facility’s policy against mistreatment.
You have these rights no matter where you live. For more information about what you can do if you have a problem with your health care, read our article explaining how to file a complaint about health and social services.
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Your decisions, your care, your choice of housing: Express your wishes in advance With age, it can become difficult to make certain decisions by yourself. To make sure your wishes are respected, you can plan in advance. For example, you can:
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You have recourses if there’s a problem
If you have a problem, you have the right to file a complaint. This applies to care, services, staff behaviour, or any other problem you run into in one of these facilities:
- an integrated university health and social services centre (CIUSSS),
- a hospital,
- a local community services centre (CLSC),
- a long-term care centre (CHSLD),
- a senior home (Maison des aînés),
- an intermediate resource (IR),
- a private seniors’ residence (RPA).
Who to talk to before filing a complaint
You can start by trying to talk to the person causing the problem if you feel comfortable doing so. If not, you can speak to another staff member or a manager.
Committees that represent your interests
Most health and social service facilities have a users’ committee. Facilities that offer housing also usually have a residents’ committee, an in-patients’ committee, or a living environment committee. These committees can inform you about your rights and accompany you in your next steps.
To find out more, check out the website of the Regroupement provincial des comités des usagers (provincial coalition of users’ committees).
How to file a complaint
If this doesn’t solve your problem, you can file an official complaint with the service quality and complaints commissioner for your facility. The complaint can be done over the phone or written.
The commissioner can help you make a formal complaint. If you need more assistance, the commissioner can refer you to a complaint assistance and support centre (CAAP), who will help you with your complaint.
Once you have filed your complaint, the commissioner must get back to you within 45 days. Your complaint is always confidential.
People who can file a complaint on your behalf
You can file a complaint for yourself. These people can also file a complaint for you:
- your tutor,
- the person named in your protection mandate,
- your partner,
- a member of your family,
- your friend or someone else who’s close to you,
- your heirs.
Where to get help with your complaint
Complaint assistance and support centres can help you. In French, these centres are called Centres d’assistance et d’accompagnement aux plaintes (CAAP). There are locations in every region of Quebec and their services are free and confidential.
These centres can:
- explain your rights,
- help you write your complaint or write it for you,
- accompany you throughout the process.
To find the contact information for the CAAP in your region, you can call 1 (877) 767-2227 or check the website of the Fédération des CAAP (federation for these centres, French only).
What to do if you still have a problem
If the service quality and complaints commissioner doesn’t respond to you within 45 days, or if you’re not satisfied with their response, you can turn to the Protecteur du citoyen (Quebec ombudsman).
Going to the Protecteur du citoyen is a second step you can take. They can do an independent review of your complaint. For more information, read our article explaining how they can help you.
What to do if you’re being mistreated
Health and social services facilities, private seniors’ residences, intermediate resources and resources offering in-home services must adopt an anti-mistreatment policy. You may see this being called an anti-maltreatment policy or a Politique de lutte contre la maltraitance in French. The policy must be posted publicly in person and online. You can also ask staff for a copy.
If you’re being mistreated , you can file a confidential complaint with the service quality and complaints commissioner for your facility or service provider.
If you have been mistreated, you can also call the Mistreatment Helpline (1 (888) 489-2287). In an emergency, call the police (9-1-1). To learn more about this topic, read our article about abuse affecting seniors and vulnerable people.
Filing a complaint against a member of a professional order
Some service providers like doctors, pharmacists, nurses or dentists are members of a professional order. Here’s how to file a complaint against a member of a professional order.
You can file a complaint with the professional order. To find the right one, you can check this list of professions that are covered by a professional order in Quebec (French only).
In some cases, you can also file a complaint with the service quality and complaints commissioner. A medical examiner will review your file and respond in writing within 45 days.
To learn more, read our articles about filing a complaint about health or social services and the duties of doctors towards their patients.