Your OBA LegUp Policy and Legislative Update Week of August 12

  • August 16, 2024

THIS WEEK AT QUEEN’S PARK (and elsewhere) 

Ontario Education Minister Resigns: Minister Todd Smith is resigning effective immediately. He has accepted a job in the private sector. Smith has served in cabinet since Premier Doug Ford's government was first elected in 2018, but spent the longest amount of time in the energy portfolio. He spent less than three months as education minister. 

Stop Me if You’ve Heard This One: Premier Ford is being criticized for joking about sending “overflow” human patients to a new animal hospital. Speaking at the opening of a large new veterinary facility north of Toronto, the premier said, “by the looks of it we know where we can send the overflow patients now for MRIs and CAT scans and everything else.” Opposition parties say the state of Ontario’s healthcare system isn’t funny, with patients facing long waits for diagnostic tests and emergency care. 

Government Officials Probed: The RCMP is interviewing government officials as part of its criminal investigation into the shuttered plan to open protected Greenbelt land for development. A government spokesperson said the province had always said it would cooperate with the police investigation. Doug Ford has not been asked by police to be interviewed, provincial officials say. 

UN Says Workers Being Exploited: Canada's Temporary Foreign Worker Program serves as a "breeding ground for contemporary slavery," according to a new UN report. The program allows employers to hire foreign workers to fill temporary jobs when they can't find qualified Canadians. But the report says the program puts workers in an unfair power imbalance with their employers. 

Second Challenge to Mining Act: Six First Nations are challenging Ontario's Mining Act, arguing it violates their treaty and Charter equality rights. The notice of application argues the province's free-entry mining system — which allows prospectors to stake, or record, claims online for a fee — doesn't allow First Nations to be properly consulted. It seeks changes to the act that would ensure treaty and constitutional rights are upheld. Last month, a separate court case was filed by Asubpeeschoseewagong Netum Anishinabek First Nation, known as Grassy Narrows. 


OBA ADVOCACY THIS WEEK 


*NEW* Date! The OBA’s Notwithstanding Clause Summit is being rescheduled – new date to be confirmed soon! 

Members of the Construction & Infrastructure Law Section met with independent reviewer Duncan Glaholt, as part of the 2024 Ontario Construction Act Review project. The OBA provided a submission and advice on ways to improve and enhance the Construction Act. Mr. Glaholt spoke highly of the OBA’s submission and we hope to see key recommendations incorporated at the conclusion of the project. 

 
CURRENT & UPCOMING CONSULTATIONS 

If you are interested in participating in any of the consultations below, please let your section executive know (2023-24 executives are posted at oba.org).  

  • Milton Courthouse meeting with the Ministry of the Attorney General  

  • LSO Increased Transparency Consultation Working Group 

  • E-Filing and Case Center Working Group meeting with the Ministry of the Attorney General  

  • Ontario Business Registry Working Group meeting with the Ministry of Public and Business Service Delivery  

 
NEW BILLS and BILLS WITH RECENT ACTIVITY 

The House sits again on October 21, 2024, but Committees continue to meet during the summer. 

GOVERNMENT REGULATORY CONSULTATIONS 

*NEW THIS WEEK* 
Proposed Amendments to O. Reg 137/15  Deadline for Comments: September 24, 2024 

ONGOING GOVERNMENT CONSULATIONS 

Supporting Critical Transmission Infrastructure in Northeastern Ontario  (source: Environmental Registry)  Deadline for Comments: September 6, 2024 

Cooling-off period, termination disclosure, and informing and protecting buyers of new home 
Deadline for Comments: September 9, 2024 

Advanced Wood Construction Action Plan  (source: Environmental Registry) 
Deadline for Comments: September 23, 2024 

LAW SOCIETY NEWS 

Annual General Meeting 

The LSO will hold its AGM virtually on Thursday, September 5, 2024, beginning at 5:15 p.m. 

Recommendations for External Appointments 

The LSO is seeking applications from qualified paralegals and lawyers for the following: 

Only lawyers and paralegals working in the East region will be considered.  

The application deadline is August 23, 2024. 

Consultation Open – Professional Regulation Committee (Increased Transparency) 

The Professional Regulation Committee has launched a consultation to obtain feedback on a proposal to: 

  1. Expand the personal and business information that licensees are required to report to the Law Society; and 

  2. Disclose some of that information to the public through the public register, which includes the online Lawyer and Paralegal Directory, if it is in the public interest to do so.  

The report to Convocation is available here. The consultation will be open until November 30, 2024. 

The OBA will be making a submission and has met with a large multi-section working group to obtain feedback. 

PUBLIC APPOINTMENTS 

The Judicial Appointments Advisory Committee is looking for applicants for judicial positions in the following locations: 

  • BARRIE  (2) – criminal 

  • BRAMPTON  (1) – bilingual – criminal 

  • COBOURG/LINDSAY/PETERBOROUGH  (1) – criminal 

  • HALTON  (1) – criminal 

  • NEWMARKET  (2) – criminal 

  • NEWMARKET  (1) – bilingual – criminal 

  • TORONTO  (1) – bilingual – criminal 

The deadline for applications is August 21, 2024. Details on the application process can be found here

There are numerous appointment opportunities currently advertised on the Public Appointments Secretariat website for the Child and Family Services Review Board, the Provincial Land and Development Facilitator, the Source Protection Committee, the Council of the College of Veterinarians of Ontario, and the Human Rights Tribunal of Ontario

There are 220 positions identified as vacant at this time. Understanding that vacant does not mean actively hiring, you can check out the list here, which includes a seat on the Board of Governors for several universities, Plannings Boards, the Royal Ontario Museum, Legal Aid Ontario, and the Ontario Judicial Council. 

OBA SOCIALS 

Be in the know when you are on the go – follow us! 

OBA App Lawyers Link 

X (Twitter) @OBAlawyers 

LinkedIn Ontario Bar Association 

Facebook OntarioBarAssociation 

Instagram @obalawyers 

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