Your OBA LegUp : Weekly Legislative Update September 11 – September 15

  • September 14, 2023

THIS WEEK AT QUEEN’S PARK (and elsewhere)

Tories Circle Wagons: Progressive Conservative MPPs have blocked a bid by Liberal MPP McMahon to have former cabinet minister Steve Clark and other senior officials appear before a legislative committee regarding the Greenbelt / developer scandal.

Mandate Letters Leak: Think of mandate letters as the written marching orders that the Premiers and the Prime Minister provide to their members of cabinet. Typically, mandate letters set out the top priorities for each minister, by portfolio. Mandate letters are usually, but not always, made public on government websites and are easily accessible by anybody in the public or media. If you’re interested in seeing the mandate letter of the former Attorney General, follow this link.

Court Closures: Cases at the new Toronto OCJ courthouse on Armoury Street are being thrown as a result of staffing shortages. A case involving the alleged sexual assault of a minor is the latest to be thrown out at Toronto's newest courthouse due to the “staggering” number of courtroom closures fueled by staffing shortages at the facility, according to an Ontario Court of Justice ruling published last week.

Take Your Shot: It looks like we are moving towards annual vaccines for the flu and COVID.  Health Canada approved Moderna’s new vaccine, which apparently is not a booster but an entirely new vaccine.

Coming to a Pharmacy Near You: Ontario is planning to allow pharmacists to prescribe flu medication, administer flu shots to babies and administer RSV vaccines, when available, ahead of an expected fall viral surge. The Ministry of Health is asking for feedback on new draft regulations from the Ontario College of Pharmacists.

OBA ADVOCACY THIS WEEK

Check out OBA submissions.

OBA Advocates to Continue and Expand the LSO Certified Specialist Program: this week the OBA supported our written submission at the LSO Treasurer’s Roundtable to take a leadership role in encouraging other associations to also provide submissions in support of the program. The LSO consultation continues until October 1 and individuals are welcome to participate here. So far, more than 300 submissions have been received.

Milton Courthouse: As members appearing in the Central West region will already know, there have been extensive health and safety concerns at the Milton courthouse. It finally closed its doors this week and will not be conducting in-person hearings at that location. The OBA is pursuing conversation with the Attorney General to identify alternatives to using the courthouse while it is closed, and to make the repairs a priority.

Ontario Business Registry: The OBA met with the Ministry of Public and Business Service Delivery to discuss OBR training, company key distribution, fraudulent filings concerns, integrations with the CRA and Ministry of Finance, and a moratorium on major system changes before year-end filings.  In addition, the Ministry is changing the Shares and Provisions & Purposes and Provisions fields to include Rich Text Editor functions, which are being implemented to the transactions in a phased approach and will fix the generate PDF to display full text.

Members with questions or concerns about the OBR can submit them through this email. The OBA has a direct line to the Ministry to raise important issues for our members.  

CURRENT AND 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).

  • Public Access to Virtual Court Proceedings
  • FSRA Guidance consultation – pension plan administrators
  • Making Ontario Target Benefit Plan Permanent   
  • Five Year Review of the Child, Youth and Family Services Act
  • Heat Stress and Poor Air Quality Regulations – OHSA

BILLS SINCE LAST UPDATE

The House sits again on September 25, 2023, but Committees continue to meet during the summer.

NEW GOVERNMENT REGULATORY CONSULTATIONS

*NEW THIS WEEK*

Proposed Regulatory Amendments to O. Reg. 202/94 (General) made under the Pharmacy Act, 1991  Deadline for Comments:  September 19, 2023

Proposed regulatory amendments required to implement legislative amendments made through Building More Mines Act, 2023  Deadline for Comments:  October 2, 2023

Enable Jade Perch (Scortum barcoo) culture/sale in Ontario under an Aquaculture Licence by updating Schedule B of Ontario Regulation 664/98 (Fish Licensing). 
Deadline for Comments:  October 16, 2023

ONGOING

The Local Services Board of Pellatt, Pelican, Umbach, Gidley - Request for the Power of Recreation Deadline for Comments:  September 16, 2023

Major Case Management under the Community Safety and Policing Act, 2019
Deadline for Comments:  September 18, 2023

General Matters under the Authority of the Lieutenant Governor in Council under the Community Safety and Policing Act, 2019
Deadline for Comments:  September 18, 2023

Training under the Community Safety and Policing Act, 2019
Deadline for Comments:  September 18, 2023

Promoting Transit and Keeping Penalties off Rates
Deadline for Comments:  September 18, 2023

Reviewing the regulatory framework for appointment to the Independent Electricity System Operator’s board of directors Deadline for Comments: September 20, 2023

Use of Force Regulation under the Community Safety and Policing Act, 2019
Deadline for Comments:  September 22, 2023

Ontario Police Arbitration Adjudication Commission (OPAAC) under the Community Safety and Policing Act, 2019 Deadline for Comments: September 25, 2023

Regulating ten species and four genera as invasive species under Ontario's Invasive Species Act, 2015. Deadline for Comments: September 25, 2023

Ontario Police Arbitration Adjudication Commission (OPAAC) Cost Recovery of Hearing Costs under the Community Safety and Policing Act, 2019

Deadline for Comments: September 25, 2023

Minimum Weapons and Equipment requirements for Public Order Units and Emergency Response Teams/Units/Members under the Community Safety and Policing Act, 2019

Deadline for Comments: October 3, 2023

Procedural Rules for Adjudication Hearings under the Community Safety and Policing Act, 2019 Deadline for Comments: October 3, 2023

Regulatory Amendments to O. Reg 261/22 under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA)
Deadline for Comments: October 3, 2023

Priorities for Training and Testing Regulation Amendment
Deadline for Comments: October 6, 2023

Proposed regulatory provisions for 'special projects' using wells to test or demonstrate new and innovative activities, including carbon storage, and to remove well security caps and exemptions for all types of wells under this legislation going forward.  
Deadline for Comments:  October 9, 2023

A Permanent Framework for Target Benefits
Deadline for Comments:  October 10, 2023

Proposal to return lands to the Greenbelt (Amendment to Greenbelt Boundary Regulation O. Reg. 59/05)  
Deadline for Comments:  October 13, 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

LAW SOCIETY OF ONTARIO NEWS

There are two external appointment opportunities, the Civil Rules Committee and the Family Rules Committee. The application deadline is October 17, 2023, click here to apply.

The next Convocation meeting is September 28, 2023.

The Treasurer’s Liaison Group Meeting, a regular roundtable of major legal stakeholders, met on September 13, 2023. In addition to our formal submission on the Certified Specialist Program, the OBA reiterated our support for the continuation and expansion of the program under the LSO. You can see the OBA’s submission here.

PUBLIC APPOINTMENTS

There are numerous appointment opportunities currently advertised on the Public Appointments Secretariat website. The appointments are for: the Child and Family Services Review Board (2 positions), the Indigenous Advanced Education and Skills Council (1 position) and the Ontario Civilian Police Commission (2 positions)

But wait... there’s more! There are 231 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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