Solicitor Practice

• Revised: August 2009
• Content Last Reviewed: August 2009

The solicitors play a critical role in transforming government policy into functional and enforceable legislation (both statutes and regulations). On legislation projects, the solicitors are responsible for ensuring that legislation is drafted so as to achieve the government's policy objectives. The solicitors also have lead counsel responsibility in the process of shepherding legislation through the approval process, whether through Cabinet or the Legislature.

There is generally an ambitious legislative agenda involving labour. Recent initiatives include:

1. MOL amendments in the Emergency Management Statute Law Amendment Act, 2006.
2. MOL amendments in the Good Government Act, 2006.
3. Fairness for Military Families Act (Employment Standards and Health Insurance), 2007.
4. Regulatory Modernization Act, 2007.
5. Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2007.
6. MOL amendments in the Budget Measures and Interim Appropriation Act, 2007 (with respect to the Workplace Safety and Insurance Act, 1997)
7. Colleges Collective Bargaining Act, 2008
8. Toronto Public Transit Service Resumption Act, 2008
9. Workplace Safety and Insurance Amendment Act, 2008

2009 is already shaping up to be a busy year for new legislation.  The first half of the year saw the passage of the following initiatives:

1. Employment Standards Amendment Act (Organ Donor Leave), 2009
2. Employment Standards Amendment Act (Temporary Help Agencies), 2009
3. York University Labour Disputes Resolution Act, 2009

Significant regulations projects completed during this period include several that were made under the Occupational Health and Safety Act. Some examples are,

1. MINES AND MINING PLANTS – O. Reg. 84/07 (amendments to Reg. 854)
2. NEEDLE SAFETY – O. Regs.. 474/07, 317/08
3. Sound exposure levels - O. Regs. 565/06 and 566/06 (amendments to Regs. 851 and 855)
4. CONTROL OF EXPOSURE TO BIOLOGICAL OR CHEMICAL AGENTS – O. Regs. 248/08 (amendments to Reg. 833)

Furthermore, in 2007 and 2008, regulations were made under the Employment Standards Act, 2000 to amend O. Reg. 285/01 (EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE) with respect to increasing the minimum wage (O. Reg. 294/07), adding the new Family Day holiday (O. Reg. 547/07) and amending elect-to-work provisions (443/08).

In 2007, a new regulation was also made under the Workplace Safety and Insurance Act, 1997 (WSIA) entitled, “Firefighters” (O. Reg. 253/07) regarding presumptions about occupational diseases.  In 2008 and 2009, two new regulations were made under the WSIA: “Return to Work and Re-employment – Construction Industry” (O. Reg. 35/08) and “Construction Sector – Exemptions (Partners and Executive Officers)” (O. Reg. 47/09).

The Branch has been commended on its ability to lead, manage and deliver on major legislation projects.