A bi-monthly insider newsletter which offers widely respected analysis of, and insight into, the inner workings of Ontario government and politics.

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Bill 14 Important Information

On May 1st, 2007, the Law Society became responsible for regulating the paralegal profession in Ontario, as a result of amendments to the Law Society Act (“Act”) contained in Bill 14, Access to Justice Act.  Under provisions in the Act, some activities currently done by HR Professionals may be seen as providing legal services and thus would be subject to the Law Society’s regulative, investigative, and disciplinary authority as part of the new paralegals licensing regime.

The Act states that, “a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person.”

Examples given in the Act of providing legal service are when a person,

1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person of another person.
2. Selects, drafts, completes or revises, on behalf of a person, a document that affects a person’s interests in or rights to or in real or personal property
   
3. Represents a person in a proceeding before an adjudicative body
4. Negotiates the legal interests, rights or responsibilities of a person.

As a result of this definition, some HR practitioners may find that they engage in conduct now covered by the Act – if, for example, they handle employment contracts, terminations, benefits, pensions or represent clients at the Ontario Labour Relations Board, Human Rights Tribunal or deal with collective bargaining issues.

Under certain conditions, anyone in Ontario, engaged in such activities, could be require to be licensed as a paralegal. Among other requirements, according to Law Society’s guidelines, those individuals would need to pass a licensing exam and carry errors and omissions insurance.

However, there are exceptions to these requirements where an individual, based on the Act, is excluded from its licensing provision.  According to the Act, the following groups and individuals are not subject to licensing under Bill 14:

• A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.
• An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.
• An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.
• An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.
• A person or a member of a class or persons prescribed by the by-laws, in the circumstances prescribed by the by-laws.

It is HRPA’s position that since HRPA and its members are governed pursuant to the Human Resources Professionals Act of Ontario, 1990, an Act of the Ontario Legislature, which regulates the HR professionals in Ontario, its members are not subject by the Act. To meet this exemption, you need to be a member of HRPA in good standing, complying with HRPA Code of Ethics and be acting in the normal course of activity of a HR Professional. If you are not a member of HRPA, or you are a member and are engaged in activities outside the normal course of our profession or occupation, you may be subject to an LSUC licensing regime.

HRPA has recently received correspondence from the Law Society advising us that they take a different view of the scope of the exemption set out in the Act. However, under their authority in the Act to create by-law exemptions, the Law Society has passed a provision for HRPA members, which would specifically exempt them from paralegal licensing under certain terms.

According to the Law Society’s by-law, HRPA members do not require a license if their profession or occupation is neither the provision of legal services nor the practice of law, if they provide legal services only occasionally and if they provide legal services as ancillary to their normal profession or occupation. The Law Society’s correspondence sets out, in greater detail, the conditions that they consider to be necessary for the exemption to apply. The Law Society has stated that it will review all their by-law exemptions within the next two years.

In our view, the Bill already exempts HRPA members, so this bylaw exemption is not necessary. However, while we do not agree with the Law Society's interpretation of the legislation, we felt it prudent to inform and alert our members to their position and the exemption they have offered.  A copy of Law Society’s letters to HRPA along with HRPA response and Law Society’s by-law 4 dealing with licensing have been posted at the end of this note. We encourage you to review these documents.

As you can see, there are differing views how Bill 14 will affect HRPA members and human resources professionals more generally.  Since Bill 14 has only recently come into force, its interpretation has not been considered by the Courts. Ultimately, it will be for them to decide.

For those who are concerned that their activities may fall outside of Law Society’s exemption, you may need to seek licensing as a paralegal. According to the Law Society’s guidelines, such individuals would be those providing legal services as permitted by the Act as their predominant area of activity and spending more then 30 hours a week on average on such activities. The Law Society has provided an interim allowance for such individuals through grandparent and transitional provisions. In the case of the grandparent provisions, you need to have practiced for a minimum of 3 years within the permitted scope of practice, be of good character, and pass a licensing exam.  There is a non-refundable registration fee of $500 to apply for this grandfathering plus a similar fee for the exam. The deadline to apply for these provisions is October 31, 2007.  For more information, please check Law Society’s website at: https://licensingprocess.lsuc.on.ca/paralegal/home/homepage.lsuc

If you feel that any of these provisions might apply to you, we strongly urge all HRPA members and non members, to find out more about the Law Society Act amendments and how they may affect your work duties and responsibilities.

HRPA will continue to keep our members informed as the matter evolves.

Click here to see a copy of the LSUC letter on the by-law exemption.
Click here to see a copy of the HRPA response to the LSUC letter.
Click here to see a copy of the LSUC response to HRPA letter.
Click here to see a copy of the LSUC By-laws 4. See section 30(1) paragraph 7.

HRPA Government Relations Activities on Bill 14

On October 27, 2005, the Government of Ontario introduced Bill 14, Access to Justice Act which included provisions to permit the Law Society of Upper Canada to regulate paralegals. The Bill’s scope was so broad as to capture the activities of many professionals beyond paralegals. After 1st and 2nd reading the Bill was referred to Justice Policy Committee of the Ontario Legislature for its review. On September 6, 2006, HRPA made a submission to the Committee to ensure that HR professionals were not negatively impacted by these changes.

On September 19, 2006, as a result of HRPA's proactive efforts to protect the interests of its members, amendments to Bill 14 were filed by the Government. These amendments excluded from the bill’s provisions “a person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation”.  

These amendments were accepted by the Committee and the Bill was referred back to the Ontario legislature for 3rd reading. Bill 14 was passed by Ontario legislature on October 19, 2006.

The Bill came into effect on May 1, 2007. As a result, there has been increased number of questions from members on the exemptions scope. For more information please see “Bill 14 Important Information” on this webpage.

Click here to see a copy of the amendment.
Click here to see the full-text of the HRPA submission.
Click here to see the Government Press Release on the passage of Bill 14

OADA Final Proposed Accessible Information and Communications Standard

The proposed Accessibility for Ontarians with Disabilities Act, 2005 (AODA), aims to make Ontario accessible for people with disabilities by 2025. An important part of this act is the communications around who must meet the requirements and by when. To that end, the government has finalized the act’s Information and Communications Standards (IC) and has now been submitted to the Minister of Community and Social Services for consideration as law. It has been posted for your information.

For more information: http://www.mcss.gov.on.ca/mcss/english/pillars/accessibilityOntario/accesson/business/information/

Information and Communications Standard
The proposed IC standard outlines how businesses and organizations may be required to create, provide and receive information and communications in ways that are accessible for people with disabilities.

The proposed IC standard is not the law yet. If the Minister approves the whole standard, or parts of it, this will begin a process for it to become law in Ontario. The proposed IC standard is one of four standards that are currently at different stages of development to become the law in Ontario. The Accessibility Standard for Customer Service, Ontario Regulation 429/07 was the first standard to become law, on January 1, 2008.

HRPA will update members when this standard begins the process of becoming law.

Updated Bill 168 - “An Act to amend the Occupational Health and Safety Amendment Act (OHSA) with respect to violence and harassment in the workplace”

Please be advised that the government introduced Bill 168 entitled the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009 in the Legislature on April 20th, 2009.

More information on Bill 168

The proposed legislation would, if passed:

• Require employers to develop a framework that would include policies and programs to help prevent workplace violence and harassment
• Require employers to take reasonable precautions to protect an employee from domestic violence in the workplace
• Allow workers to remove themselves from harmful situations if they have reason to believe that they are at risk of imminent danger due to workplace violence
• The proposed legislative amendments would enhance the province’s existing Safe at Work Ontario Strategy.

HRPA surveyed its members this summer on the proposed legislation and specific items in the bill.
Click here to see survey results

The survey results were forwarded to Minister of Labour,
Peter Fonseca.
Click here for more information

2009 Ontario Budget Overview

HRPA has provided an overview of the 2009 Ontario Budget, introduced the on March 26, 2009, by Ontario Finance Minister Dwight Duncan.

To view HRPA’s overview of the budget, please click here.

A copy of the Budget and all supporting documentation can be downloaded from the Ministry of Finance's 2009 Budget website: http://ontariobudget.ca/

HRPA has been advised that the Ontario government is conducting public consultation sessions across the province on the draft Employment Accessibility Standards. HRPA strongly believes it is in the best interests of all our members to attend sessions in their area to educate themselves on the proposed Employment Accessibility Standards, as they will have profound impacts on your company's operations.

For more information please click here

Bill 154

The Ontario government has introduced legislation that would, if passed, amend the Employment Standards Act, 2000 (ESA) to provide unpaid job–protected leave for employees who donate certain organs to another individual.

Bill 154 received Royal Assent on June 5, 2009.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor (June 5, 2009).

For more information please click here.

Bill 139 - New Rules for Temp Workers

The Ontario government has introduced legislation to better protect “elect to work”—or temporary—employees under the Employment Standards Act, 2000.

For more information please click here

For more information please click here

To learn more about the consultation paper click here.

HRPA Intervenes in SCC

HRPA, for the first time in its history, sought and was granted leave to intervene in a case in front of the Supreme Court of Canada. On February 20, 2008 HRPA General Counsel, Stephen Rotstein, and external counsel, Stuart Rudner of Miller Thomson LLP, appeared in front of the Supreme Court in Honda Canada v. Keays.

To read about HRPA's involvements please click here.

Job Protection for Living Organ Donors

On June 17, 2008 HRPA provided a submission to the Ministry of Labour consultation on Job Protection for Living Organ Donors. To read the submission, please view “Job Protection for Living Organ Donors”. To learn more about the consultation click here.

Compulsory Certification Review

On January 28, 2008 HRPA provided a submission to the review being conducted by Tim Armstrong on the impact of expanding compulsory certification to volunteer trades. To read the submission, please visit “HRPA Submission to Compulsory Certification Review”. To learn more about the Compulsory Certification Review please click here.

Government Relation Reception

On January 30, 2008 HRPA held a Government Relations Reception at the Westin Harbour Castle as part of the 2008 Annual Conference. The Association was privileged to have the Minister of Labour Brad Duguid as our speaker, as well as the attendance of many other senior staff from Government. The event was well attended by HRPA Board Members, Government Relations Committee, Chapter Presidents and Chapter Government Relation Liaisons.

To see a picture of from the event click here.

Expert Panel on Older Workers

On June 20, 2007 HRPA provided the Federal Government’s Expert Panel on Older Workers with the Association’s submission. To read the submission, please visit “HRPA Submission to Experts Panel on Older Workers”. To learn more about the Expert Panel on Older Workers please click here.

Ontario Budget Highlights 2007

Finance minister Greg Sorbara this afternoon presented Ontario’s 2007 Budget − Investing in People, Expanding Opportunity, his third Ontario Budget and the fourth (and final) annual spending plan tabled for the McGuinty government during its 2003-07 term in office.
Read more
Press Release

Bill C-257, An Act to Amend the Canada Labour Code (Replacement Workers)

On January 30, 2007 HRPA provided the House of Commons Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities with the Association’s submission on Bill C-257. To read the submission, please visit “HRPA Submission on Bill C-257.”

Bill 107, Human Rights Code Amendment Act

On November 22, 2006 HRPA provided the Justice Policy Committee of the Ontario Legislature with the Association’s submission on Bill 107. To read the submission, please visit “HRPA Submission on Bill 107.”

Third Party Use Consultations

The Ministry of Health and the Ontario Medical Association asked HRPA to participate in a roundtable on the third party use of physician notes. The mandate of the roundtable was to make recommendations on initiatives to increase patient access to care by reducing the amount of administrative work required of physicians.

In order to prepare the submission, HRPA sought members’ feedback by posting a surveyed on the website. More than 100 completed surveys were received. These surveys were reviewed, summarized and a submission was prepared. On November 23, 2006, HRPA presented this submission to the Government. To read the submission and the results of the survey, please visit 3rd Party Use Committee Submission.