This Week at Queen’s Park
This week in the legislature the government continued to be focused on COVID-19 related issues including funding in health care, education and housing supports. The government announced employees testifying before the Long-Term Care COVID-19 Commission have been granted anonymity and the provincial budget will be released on November 5. On the legislative front, the government did not introduce any new legislation this week. Bill 218, Supporting Ontario’s Recovery Act, which aims to limit liability for the spread of COVID-19 to those engaged in gross negligence and intentional misconduct, was referred to Committee this week and time allocated.
On Monday, the Toronto Star reported there were 851 new COVID-19 cases following record level infections over the weekend. The National Post reported that the Minister of Health said the numbers are being impacted from Thanksgiving several weeks ago. The government announced on Monday, the provincial budget will be released on November 5. The budget will focus on investments in health care, supporting people and economic recovery it will make available a projected $30 billion in response to the global pandemic.
On Tuesday, the government announced the addition of over 700 new hospital beds across the province to help address “surgical backlogs and improve access to care”. The Globe and Mail reported Tuesday that nurses and personal support workers, testifying before the Long-Term Care COVID-19 Commission, will be granted anonymity. The National Post reported that Long-Term Care Minister, Merrilee Fullerton, made the change after a request from the Commission raised employees’ concerns. Opposition parties “called the move a good start”.
The government announced on Wednesday $241 million to help support those affected by COVID-19 through investments in housing programs including homeless shelters and rent support initiatives. The government also announced over $1 billion, a combined federal-provincial funding program, to ‘build or renovate health and safety related projects in long-term care, education and municipalities’.
On Thursday, the CBC reported there was “a slowing of COVID-19 cases but cases are continuing to climb” as Ontario hit 934 cases, increasing the seven day average of new daily cases to just under 900. The Toronto Star reported that the Premier was considering a ‘surgical approach’ to further restrictions as opposed to blanket shutdowns.
Law Society of Ontario
The next LSO Convocation will take place on Friday, November 27.
The Law Society has launched a Call for Comment to assess a proposed model for a Family Legal Services Provider Licence. Comments may be submitted until November 30, 2020. The OBA hosted a live Panel Comment and Discussion on the Consultation Paper in early July, and has been connecting with members over the summer months to ensure that the voice of the bar is being heard. You can always share your questions or comments with us at advocacy@oba.org.
Work of the Legislative Committees
Committee hearings scheduled for the week of October 26 included;
Committee hearings scheduled for the week of November 2 include;
Legislation
NOTABLE GOVERNMENT BILLS
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Bill Number & Name
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Status
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Bill 222, Ontario Rebuilding and Recovery Act, 2020
Mulroney, Hon. Caroline Minister of Transportation
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October 27 and 29, 2020, Second Reading Debate
October 29, Referred to Standing Committee on Social Policy
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Bill 218, Supporting Ontario’s Recovery Act
Downey, Hon. Doug Attorney General
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October 26, 2020, Second Reading Debate
October 27, 2020, Referred to Standing Committee on Justice Policy
October 28, 2020, Time Allocated
See below for additional details
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Bill 215, Main Street Recovery Act, 2020
Sarkaria, Hon. Prabmeet Singh, Associate Minister of Small Business and Red Tape Reduction
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October 28 and 29, 2020 Second Reading Debate
October 29, Referred to Standing Committee on Finance and Economic Affairs
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Bill 213, Better for People, Smarter for Business Act, 2020
Sarkaria, Hon. Prabmeet Singh, Associate Minister of Small Business and Red Tape Reduction
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October 21, 2020, Second Reading Debate
See below for additional details
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Bill 207, Moving Ontario Family Law Forward Act, 2020
Downey, Hon. Doug, Attorney General
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October 19, 2020, Ordered for Third Reading
See below for additional details
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Bill 202, Soldiers’ Aid Commission Act, 2020
Smith, Hon. Todd, Minister of Children, Community and Social Services
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October 26, 2020, Consideration of the Bill by the Standing Committee on Social Policy
October 26, 2020 Ordered for Third Reading
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NOTABLE PRIVATE MEMBER BILLS
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Bill Number & Name
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Status
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Bill 224, No Time to Waste Act (Plan for Climate Action and Jobs), 2020
Karpoche, Bhutila and Tabuns, Peter
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October 27, 2020, First Reading Carried
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Bill 201, Magna Carta Day Act (In Memory of Julia Munro, MPP), 2020
McKenna, Jane
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October 19, 2020 Reported Without Amendment, Ordered for Third Reading
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Bill 207, Moving Ontario Family Law Forward Act, 2020
Last week, Bill 207 was reported as amended, and ordered for Third Reading. You can review the amended Bill here. The Standing Committee on Justice Policy made amendments to the Bill to:
- Ensure the amendment to section 47 of the Family Law Act, which authorizes the court to stand over a support application until an application under the Children’s Law Reform Act for a parenting order has been determined, applies both to parenting orders respecting decision-making authority and parenting time. The OBA advocated for this amendment before the Standing Committee. Read the OBA’s written submission to the Standing Committee here.
- Remove the leave requirement for a second appeal to the Court of Appeal for child protection matters. The OBA wrote to the Attorney General in support of concerns raised before the Standing Committee by members of the child protection bar in respect of this leave requirement and further to stress the importance of continued discussions on how the family appeal routes can be more meaningfully streamlined, simplified and equitable.
Bill 213, Better for People, Smarter for Business Act, 2020
Bill 213 was introduced by Hon. Prabmeet Singh Sarkaria, Associate Minister of Small Business and Red Tape Reduction. It contains 29 schedules proposing changes to a variety of pieces of legislation. Some of the notable schedules include:
- Schedule 1 proposes to amend the Business Corporations Act by: (1) providing some degree of flexibility to privately held corporations with respect to shareholder votes and (2) amendments to repeal the Director Residency requirement. The OBA has long advocated for repealing the Director Residency Requirement, and the Business Law section is carefully reviewing these proposed amendments.
- Schedule 2 proposes amendments to the Canada Christian College and School of Graduate Theological Studies Act, 1999 to establish it as a university with granting powers for Bachelor of Arts and Bachelor of Science degrees. The OBA has struck a working group with representatives from the Sexual Orientation, Gender Identity, Constitutional, Civil Liberties and Human Rights and Education Sections to review the proposed amendments.
- Schedule 19 proposes to amend the Pension Benefits Act by: (1) permitting the Financial Services Regulatory Authority of Ontario to waive or vary regulatory requirements relating to an administrator’s obligation to give notice of the transfer of assets between pension plans and to the conversion of a pension plan from a single employer pension plan to a jointly sponsored pension plan, and (2) exempting certain pension plans that are individual pension plans or designated plans from the application of the Act, regulations and Authority rules. The OBA is working with the Pensions and Benefits Law Section to review these proposed amendments.
- Schedule 20 seeks to add a new part to the Personal Property Security Act to deal with vexatious registrations. The OBA proposed enacting such a regime in a submission made last year (available here), and the Business Law section is reviewing this schedule.
- Schedule 21 proposes changes to the Planning Act, including making changes to the subdivision control provisions in section 50, adding a definition of “provisional consent” in section 53, and permitting a chargee or their agent to apply for a consent in section 53(1). Members of the Real Property and Municipal Law sections are reviewing this schedule with a view to considering written submissions.
If you have comments or questions on these, or any of the schedules, please contact us at advocacy@oba.org
Bill 218, Supporting Ontario’s Recovery Act
Introduced by Hon. Doug Downey, Attorney General, Bill 218, Supporting Ontario’s Recovery Act contains 2 schedules;
- Schedule 1 proposes that no cause of action will arise against any person as a result of infection or possible infection of another with COVID-19 on or after March 17, 2020 if the person acted or made a good faith effort to act in accordance with public health guidelines and laws in place at the time and the act or omission of the person does not constitute gross negligence. Members of the Civil Litigation, Class Actions, Elder and Health Law sections are reviewing this schedule for consideration of comment.
- Schedule 2 proposes removal of a framework that would allow ranked ballot elections for municipalities.
If you have comments or questions, please contact us at advocacy@oba.org
Regulations
A full listing of Ontario regulations posted for consultation can be found on the government’s Regulatory Registry website. Some of the current postings that may be of interest to OBA section members include the notices below. The OBA regularly works with our sections to review these postings. If you have any comments or questions please let us know right away at advocacy@oba.org.
Proposed Regulation under the Ontario Heritage Act (Bill 108)
The More Homes, More Choice Act, 2019 made amendments to several pieces of legislation, including the Ontario Heritage Act (OHA). The OHA amendments aimed to provide clearer direction and timelines for local decision-makers and stakeholders, and create a consistent appeals process. Some of the amendments required additional details to be prescribed by the Lieutenant Governor in Council through regulation. As such, amendments are being proposed to the OHA to help align municipal decisions in the heritage conservation process with Planning Act processes, improve municipal processes for identifying, designating and managing proposed changes to heritage properties, and improve clarity for property owners and development proponents.
Deadline for Comments: November 5, 2020
New Regulation under the Special Investigations Unit Act regarding communication about a SIU Investigation
The SIU Act generally prohibits the sharing of information respecting an ongoing SIU investigation or inquiry by police. The new SIU Act will allow a police service to disclose that the SIU Director has been notified of an incident involving a police officer and is conducting an investigation/inquiry. The proposed regulation would allow the Niagara Parks Police and the Legislative Protective Service to also disclose such information.
Deadline for Comments: November 5, 2020
Proposed Project List for Comprehensive Environmental Assessments under the Environmental Assessment Act
The Ministry of the Environment, Conservation and Parks (MECP) is seeking input on a proposed list of projects which will be subject to the comprehensive environmental assessment requirements under the Environmental Assessment Act.
Deadline for Comments: November 10, 2020
Amendments to O. Reg 275/94 (General) made under the Nursing Act, 1991 made by the College of Nurses of Ontario
The College of Nurses of Ontario (CNO) is proposing amendments that would allow individuals holding a Bachelor of Science in Nursing (BScN) degree awarded by an approved publicly-funded college to apply to be a registered nurse in Ontario.
Deadline for Comments: November 18, 2020
Proposed Amendments to Regulations made under the Environmental Protection Act and the Ontario Water Resources Act to make modifications to Environmental Activity and Sector Registry Requirements for low risk short-term water taking activities
Ontario is proposing changes that would move low-risk, short-term water taking activities, such as pumping tests, to a more flexible approval process to allow businesses to begin operations faster. The OBA’s Environmental Law Section will be reviewing this posting for consideration of feedback.
Deadline for Comments: November 20, 2020
Proposal to Require Municipal Support for New or Increased Bottled Water Takings
The government is proposing changes to the Ontario Water Resources Act, that would require water bottling companies to have the support of their local municipality for a new or increased groundwater taking in the community.
Deadline for Comments: November 20, 2020
Exempting dams from Requiring a Permit to Take Water
The government is proposing to remove the need for certain types of dams to obtain a permit to take water. The construction and alteration of dams will continue to be regulated under existing requirements and approval processes. The OBA’s Environmental Law Section will be reviewing this posting for consideration of feedback.
Deadline for Comments: November 20, 2020
Extending Grandfathering for Infrastructure Projects and Providing Additional Flexibility for Excess Soil Reuse
As a result of COVID-19-related delays to infrastructure projects and to support reuse of excess soil, he government is proposing amendments to the Excess Soil Regulation and other regulations so that technical assessments are not repeated, delayed projects can proceed, and soil can be managed more flexibly while protecting human health and the environment. The OBA’s Environmental Law Section will be reviewing this posting for consideration of feedback.
Deadline for Comments: November 20, 2020
Regulations under the Modernizing Ontario for People and Business Act, 2020
In July 2020, the government introduced the Modernizing Ontario for People and Businesses Act, 2020 (MOPBA). It received royal assent on July 21, 2020. The MOPBA merges the content of the Burden Reduction and Reporting Act, 2014 (BRRA) and the Reducing Regulatory Costs for Business Act, 2017 (RRCBA) and includes some new requirements. It is this government's new burden reduction legislation that creates obligations for all of Ontario's ministries to follow when creating new legislation, regulations, policies and forms
Deadline for Comments: November 23, 2020
A Proposed Regulation, and Proposed Regulatory Amendments, to Make Producers Responsible for Operating Blue Box Programs
The government is proposing to make producers responsible for blue box programs and sunset municipal obligations to run blue box systems after transition to full producer responsibility.
Deadline for Comments: December 3, 2020
APPOINTMENTS & OPPORTUNITIES
Law Society of Ontario External Appointments
As part of its mandate, the Law Society recommends potential appointees to a variety of boards, councils and committees. In particular, the LSO makes recommendations to the Attorney General for appointments to the Board of Legal Aid Ontario, the Justices of the Peace Appointments Advisory Committee and the Justices of the Peace Review Council. For more information on these opportunities and to complete the application form, please visit the LSO webpage for External Appointments
Public Appointments Available
There are more than 250 government appointments available through the Public Appointments Secretariat. Appointments that may be of particular interest to OBA members include, but are not limited to:
Other Opportunities
The Law Foundation of Ontario is seeking to appoint a person to act as its representative on the Law Commission of Ontario’s Board of Governors. The Board is responsible for the overall supervision of the LCO. Appointments are for three years with a potential renewal for an additional term. Interested candidates should apply by sending a cover letter and resume in one PDF file to ncaetano@lawfoundation.on.ca by November 6, 2020. For more information about the position, contact Lisa Cirillo, the Foundation’s CEO, at lcirillo@lawfoundation.on.ca.
The Independent Advisory Board for Senate Appointments (the “Board”) is a non-partisan body mandated to provide merit-based recommendations to the Prime Minister of Canada on Senate Appointments. If you are interested in applying to become a Senator, please visit the Board’s website to learn more about the assessment criteria and application process.