Solicitor Practice

The solicitors provide the legal support for the policy making process, whether at the broad policy making level or at the operations level.

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. The solicitors in the branch have worked on major reform of the labour relations regimes for the private and broader public sectors.

In the area of legislative reforms, the years 2005 to 2007 were typical years for initiatives that were undertaken by the government and completed:

1. Ending Mandatory Retirement Statute Law Amendment Act, 2005.
2. Labour Relations Statute Law Amendment Act, 2005.
3. MOL amendments in the Emergency Management Statute Law Amendment Act, 2006.
4. MOL amendments in the Good Government Act, 2006
.
5. Fairness for Military Families Act (Employment Standards and Health Insurance), 2007.
6. Regulatory Modernization Act, 2007.
7. Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2007.
8. MOL amendments in the Budget Measures and Interim Appropriation Act, 2007 (with respect to the Workplace Safety and Insurance Act, 1997)

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

1. CONFINED SPACES - O. Reg. 632/05 (and similar amendments to four sectoral regulations);
2. DESIGNATED SUBSTANCE - ASBESTOS ON CONSTRUCTION PROJECTS AND IN BUILDINGS AND REPAIR OPERATIONS - O. Reg. 278/05
3. FARMING OPERATIONS - O. Reg. 414/05
4. MINES AND MINING PLANTS – O. Reg. 84/07 (amendments to Reg. 854)
5. NEEDLE SAFETY – O. Reg. 474/07
6. Sound exposure levels - O. Regs. 565/06 and 566/06 (amendments to Regs. 851 and 855)

Furthermore, in 2007, 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) and adding the new Family Day holiday (O. Reg. 547/07)

In 2007, a new regulation was also made under the Workplace Safety and Insurance Act, 1997 entitled, “Firefighters” (O. Reg. 253/07) regarding presumptions about occupational diseases.

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