Community care facility licence (BC)

A buyer of a group home or care facility meets this term because the licence is tied to the licensee, not the premises alone. The Act says a person who does not hold a licence must not operate, or hold themselves out as operating, a community care facility (s. 5); the Act does not apply to the premises listed in s. 2, such as hospitals and approved foster homes. See also patient records, licensing and regulatory approval in a practice sale. This entry covers British Columbia only.

What the law says

Subject to the Act and the regulations, a medical health officer may issue a licence, specify the types of care, and attach terms and conditions (s. 11). A medical health officer must not issue a licence unless of the opinion that the applicant meets the Act’s tests, such as good character for an individual. A licence is cancelled if its holder assigns or otherwise transfers it (s. 11(5)). A buyer therefore applies for its own licence.

For the facilities it governs, the Residential Care Regulation says a licensee must not sell, lease or otherwise transfer control of a community care facility unless it has given written notice at least 120 days beforehand to the medical health officer, persons in care, their contact persons and their parents or representatives, or been told by a medical health officer that notice need not be in writing or may be shorter. The licensee must also satisfy the medical health officer that the purchaser will continue operating the facility for at least 12 months from the transfer and has applied, and is qualified, to be the licensee (s. 9(3), subject to the exception in s. 9(4)).

What to ask

• Which regulation governs the type of care the facility provides.
• Whether the licence conditions limit the types of care.
• Whether notice to persons in care has been given.

For assisted living residences, see assisted living registration.