Prudent Investor Legislative Provisions Update - Fifth

February 23, 2018

The provisions of the Municipal Act, 2001 regarding the new prudent investment powers have been proclaimed in force as at March 1, 2018.  However, the new prudent investor regime will not be effective until relevant regulations are filed AND come into force. We expect that the regulations will be filed on or after March 1, 2018 but they may come into force on a later date – the City of Toronto prudent investor regulation came into force more than a year after it was filed. We will keep you posted.

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

February 14, 2018

In a long-awaited decision released on January 29, 2018, a 3-judge panel of the Ontario Court of Appeal unanimously upheld a Divisional Court decision confirming the rights of municipalities to determine how much parkland they require from developers as a condition of development approval under the Planning Act.

What You Need to Know - Legislative Updates for Delivery of Health Care in Ontario

January 30, 2018

The Ministry of Health and Long-Term Care was exceptionally busy in the last couple of months. The purpose of this bulletin is to provide you an update on some significant initiatives that were completed by the Government as of January 1, 2018 and to make educated guesses on what we might see in the months ahead. 

Divisional Court Offers First Interpretation of New Interim Suspension Powers Under the RHPA

December 4, 2017

Introduction

In Rohringer v Royal College of Dental Surgeons of Ontario (2017),1  the Divisional Court issued its first decision applying the new interim suspension powers in the Regulated Health Professions Act ("RHPA"). Health professionals governed by the RHPA can have their certificate of registration suspended (or have terms, conditions, or limitations placed on their certificate of registration) prior to a discipline hearing if their conduct "exposes or is likely to expose the member's patients to harm or injury."2 On May 30, 2017, Bill 87, Protecting Patients Act, 2017 came into force and amended the interim order provisions of the RHPA. Prior to these amendments, interim orders could only be issued by a college's screening committee, known as the Inquiries, Complaints, and Reports Committee (the "ICRC"), if an allegation of professional misconduct or incompetence had been referred to the Discipline Committee. Under the new provisions, however, the ICRC can make an interim order any time after a complaint is received or an investigator is appointed. This was intended to be a significant change and this decision is the first time the amendment has been considered by the courts.  

Justification, Transparency and Intelligibility: From Beginning to End

November 8, 2017

Recent case law has stressed the importance of regulatory tribunals ensuring that their processes be transparent and intelligible, from beginning to end: from the establishment of clear allegations in discipline proceedings to the writing cogent reasons for decisions.

Prudent Investor Legislative Provisions Update - Third

October 11, 2017

On Monday, October 10, 2017 the Ministry of Municipal Affairs posted on Ontario's Regulatory Registry a summary of proposed regulatory changes under the Municipal Act, 2001 and the City of Toronto Act, 2006.

Bill 160: Major Initiatives of the Ministry of Health and Long-term Care

October 10, 2017

On September 27, 2017, the Ontario Government introduced for first reading Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, one of the most far-reaching omnibus bills introduced by the Minister of Health and Long-Term Care. Debate on the Bill commenced on October 4, 2017.  If passed, Bill 160 will amend six statutes, enact two new statutes (the Health Sector Payment Transparency Act, 2017 and Oversight of Health Facilities and Devices Act, 2017), repeal and replace one statute (Medical Radiation and Imaging Technology Act, 2017) and repeal four statutes (Independent Health Facilities Act, Healing Arts Radiation Protection Act, the Private Hospitals Act and the Ontario Mental Health Foundation Act).

Crisis and Social Media

September 26, 2017

Whenever there is a significant public crisis such as Hurricane Harvey, people turn to the social web, usually Twitter, to gather news, offer help, express irritation, and berate public agencies or corporations and/or politicians. Below are some comments on how to think about social media crises and some tips on how to handle them.

Prudent Investor Legislative Provisions Update - Second

September 25, 2017

Further to our update of September 14, 2017, the changes to the Municipal Act regarding prudent investment have not yet been proclaimed in force. We are monitoring them closely and will inform you as soon as there are further developments.

Prudent Investor Legislative Provisions Update

September 14, 2017

We have been advised by a communications official at the Ministry of Municipal Affairs that the prudent investor provisions under the Municipal Act, 2001 (the "Act") are expected to be proclaimed in force next week (no reference however to the relevant regulations).

Ontario Announces Proposed Changes to the OMB and the Results of the Coordinated Review of Four Provincial Land Use Plans

May 18, 2017

Over the past few days there have been a series of announcements from the province of Ontario regarding the introduction of legislation related to reforms of the Ontario Municipal Board (OMB), and the results of a coordinated review of the Growth Plan for the Greater Golden Horseshoe (GGH), the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan. Please find details about both of these announcements below.

Tribunal Provides Guidance on Financial Abuse of Elderly

April 21, 2017

Canada has an aging population with more Canadians over the age of 65 than under the age of 15. As the population of older Canadians grows, so does the concerns for elder mistreatment, most commonly financial abuse. Despite this issue being a serious public health concern, the topic has rarely crept into the legal lexicon.

More recently, Law makers, regulators, and adjudicators have begun to turn their minds to financial abuse of older adults. Paving the way is Vice Chair Laurie Sanford ("VC Sanford") in the recent Licence Appeal Tribunal decision of 2138658 Ontario Ltd. o/a Seeley's Bay Retirement Home v. Registrar, Retirement Homes Regulatory Authority ("Seeley's Bay"). This is the first case to look at financial abuse in the context of the Retirement Homes Act, 2010 (the "Act").

Section 67 of the Act requires a licensee to protect residents from abuse by anyone. The regulation under the Act defines "financial abuse" as "any misappropriation or misuse of a resident's money or property". The Act is silent about loans from a resident to the licensee. The question of whether taking such a loan is financial abuse was central in Seeley's Bay.

Bill 68: Proposed Amendments Have Far-Reaching Implications

March 29, 2017

Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017, received second reading and was referred to the Standing Committee on Social Policy on March 23, 2017. Bill 68 proposes a number of amendments to the Municipal Act, 2001, the Municipal Conflict of Interest Act and the Municipal Elections Act which could have a significant impact on how municipalities and their councils function.

Bill 87: Government's Response to Recommendations of Sexual Abuse Task Force

February 7, 2017

On December 8, 2016, Bill 87, Protecting Patients Act, 2016, received first reading. If passed, Bill 87 will amend the Regulated Health Professions Act, 1991 (the RHPA) and four other health-related Acts. The amendments address a number of the recommendations of the Task Force (Task Force) of the Minister of Health and Long-Term Care (the Minister) on the Prevention of Sexual Abuse of Patients and the Regulated Health Professions Act, 1991.1 The purpose of this article is to provide the highlights of Bill 87.

This article addresses the following:

  • expanded powers of the Minister to make regulations
  • definition of patient
  • increased information on the register
  • interim suspensions
  • expanded list of acts constituting sexual abuse that must result in mandatory revocation
  • mandatory suspensions as a new minimum penalty for sexual abuse
  • elimination of gender-based restrictions
  • expanded duty to report
  • increased fines for failure to report sexual abuse

Medical Assistance in Dying ("MAID") from a Regulator's Perspective

January 25, 2017

The recent legalization of medical assistance in dying (also known by the abbreviation "MAID") is one of the most radical and significant changes to the Canadian health care system in the last century.

On December 7, 2016, the Minister of Health and Long-Term Care in Ontario introduced Bill 84, the Medical Assistance in Dying Statute Law Amendment Act, 2016.  If passed, Bill 84 will amend various provincial Acts in response to the federal legislation dealing with medical assistance in dying.

Sexual Abuse Task Force Recommendations: Why All Professional Regulators Should Pay Attention

October 27, 2016

WeirFoulds Partner Debbie Tarshis breaks down the recommendations in the recent released report from the Minister's Task Force on the Prevention of Sexual Abuse of Patients and the Regulated Health Professions Act, 1991 and explains why they affect all professional regulators.

Municipal and Planning Law Update: Bill 73 - Changes to the Planning Act

June 27, 2016 | download

Bill 73 - Changes to the Planning Act

In March 2015, we reported on the Province's first reading of Bill 73 – Smart Growth for Our Communities Act, 2015 – and some of its key changes to the Planning Act and the Development Charges Act, 1997. On July 1, 2016, a number of the Bill 73 amendments will come into force.

The Challenges and Benefits of Distributed Energy Resources (DER) for Municipalities

May 16, 2016 | download

The growing interest in, and deployment of, distributed energy resources ("DER") has been thought to be of interest, albeit for different reasons, primarily to consumers and to local electricity distribution utilities. However, DER has important implications for municipalities, both in their capacity as the owners of those distribution utilities and as a means to promote both conservation and the development of contaminated properties.

Interpreting a Regulator's Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

April 26, 2016 | download

WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario ("RECO"), the case contains important lessons for other regulators.

Books by WeirFoulds Lawyers

December 1, 2010