Your OBA LegUp Policy and Legislative Update Week of October 9

  • October 13, 2023

THIS WEEK AT QUEEN’S PARK (and elsewhere)

Feed me Seymour: As the Greenbelt saga continues, there is increasing speculation about the impact all of this will have on the re-electability of the Premier and this government. The RCMP announced that their “Sensitive and International Investigations Unit” (SII) will investigate. The SII’s mandate is “sensitive, high-risk matters that cause significant threats to Canada’s political, economic and social integrity of its institutions.”  In case you are wondering why this is not a matter for the OPP: because the OPP is governed provincially and is responsible for the security and protection of the Premier, they felt that investigating might be a conflict of interest.

Legislative Band-Aid? The government is expected to table legislation on Monday that will, among other things, seek to limit damage claims against it. The OBA will review the legislation once it is tabled. Trevor Farrow, Dean of Osgoode Law School, said developers could try to hold the provincial government liable for money spent on architects, designers and other experts hired to map out prospective builds but, “there’s nothing normal about this situation at all.

What is Affordable Housing? The Ontario Government introduced legislation that would change the definition of affordable housing. If Bill 134 passes, it will bring the government’s definition of affordability into agreement with what was laid out in the province’s 2020 policy statement, where affordable rental housing was defined as a “unit for which the rent does not exceed 30% of gross income.” Let’s see...the average monthly rental for a one-bedroom apartment in Toronto is $3,000. So, if you make $102K/year, you could maybe afford to live in the Six.

OBA ADVOCACY THIS WEEK

The OBA’s submission to the Financial Services Regulatory Authority of Ontario (“FSRA”) on the Proposed Guidance: Pension Plan Administrator Roles and Responsibilities was prepared by the Pensions and Benefits Law Section. The OBA recommends that a principles-based approach must be flexible enough to account for different Plan characteristics, including governance structure and size. Similarly, a Guidance document should clearly distinguish requirements from “best practices”. The submission also has the benefit of input for our Labour and Employment Law Section.

It’s Not Too Late! Some OBA sections are still looking for PAs – Public Affairs Liaison – to join Section Executives. Check here to see what is available. If you look forward to reading your OBA LegUp each week, this may be a role for you. Speak to your section chair to learn more.

CURRENT & UPCOMING CONSULTATIONS

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

  • Vexatious Litigant Orders
  • Public Access to Virtual Court Proceedings
  • Permanent Framework for Target Benefits

NEW BILLS and BILLS WITH RECENT ACTIVITY

The House did not sit this week, and resumes on Monday, October 16th.

Bill Number & Name 

Government Bills 

Status 

Bill 135, Convient Care at Home Act, 2023

October 4, 2023, First Reading, Vote, Carried

Bill 134, Affordable Homes and Good Jobs Act, 2023

October 4, 2023, Ordered referred to Standing Committee on Heritage, Infrastructure and Cultural Policy

Bill 131, Transportation for the Future Act, 2023
 

September 28, 2023, Ordered referred to Standing Committee on Heritage, Infrastructure and Cultural Policy

Private Members Bills

 

Bill 132, Supporting Economic Recovery and Renewal in the Niagara Region Act, 2023

September 27, 2023, First Reading, Vote, Carried

Bill 133, Kids' Online Safety and Privacy Month Act, 2023

September 27, 2023, First Reading, Vote, Carried

Bill 54, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2023

September 27, 2023, Second Reading, Deferred Vote, Lost on Division

GOVERNMENT REGULATORY CONSULTATIONS

*NEW THIS WEEK*

Accelerated Apprenticeship Pathway Consultation

Deadline for Comments:  November 17, 2023

Proposed amendments to Ontario Regulation 783/20 (General) made under the Farm Registration and Farm Organizations Funding Act, (FRFOFA) aimed at reducing administrative burden and supporting program delivery.

Deadline for Comments:  November 17, 2023

ONGOING GOVERNMENT CONSULATIONS

Proposed GO Transit Station Funding Act, 2023
Deadline for Comments:  October 18, 2023

Further Reducing Barriers to Innovation
Deadline for Comments:  October 20, 2023

Changes to the Definition of an "Affordable Residential Unit" in the Development Charges Act, 1997 for the Purpose of Municipal Development-Related Charge Discounts and Exemptions

Deadline for Comments:  October 21, 2023

Amendments to the St. Thomas - Central Elgin Boundary Adjustment Act, 2023 to Authorize the City of St. Thomas to Provide Assistance as part of the PowerCo. SE Project
Deadline for Comments:  October 21, 2023

Waste Management System EASR Expansion: Streamlining Permissions for Waste Management Systems Under the Environmental Activity and Sector Registry.  
Deadline for Comments:  October 23, 2023

Exploring changes to streamline the permit-by-rule framework  
Deadline for Comments:  October 23, 2023

Streamlining environmental permissions for Stormwater Management under the Environmental Activity and Sector Registry and exemptions for private residential stormwater management works  
Deadline for Comments:  October 23, 2023

Streamlining permissions for water takings for construction site dewatering activities and foundation drains  
Deadline for Comments:  October 23, 2023

The Education Act New Regulation: Director of Education Performance Appraisal
Deadline for Comments:  October 26, 2023

Protecting Black Ash and its habitat under the Endangered Species Act, 2007  
Deadline for Comments:  October 26, 2023

Proposed regulatory amendments under the Private Career Colleges Act, 2005
Deadline for Comments:  October 31, 2023

Consultation on the Scope of the Resident Support Personnel Role in Long-Term Care
Deadline for Comments:  November 13, 2023

LAW SOCIETY OF ONTARIO NEWS

Women’s Resource Centre: The Law Society has launched a new Women's Resource Centre – an online hub designed to support the retention and advancement of legal professionals identifying as women in private practice, in-house or government positions by providing resources to guide them through the various stages of their careers, from law students and licensing candidates to senior professionals. 

The Law Society is currently seeking applications from qualified lawyers for the following:

The application deadline is October 17, 2023.  

PUBLIC APPOINTMENTS  

There are 202 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.

Have a great weekend!

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