TAB 3. Report to Convocation January 29, Paralegal Standing Committee

Transcription

1 TAB 3 Report to Convocation January 29, 2015 Paralegal Standing Committee Committee Members Cathy Corsetti, Chair Susan McGrath, Vice-Chair Marion Boyd Robert Burd Adriana Doyle Ross Earnshaw Robert Evans Michelle Haigh Brian Lawrie Marian Lippa Malcolm M. Mercer Baljit Sikand Catherine Strosberg Purpose of Report: Decision Prepared by the Policy Secretariat Julia Bass

2 TABLE OF CONTENTS For Decision Motion to Amend By-law 4 Ending of Exemptions... TAB

3 COMMITTEE PROCESS 1. The Committee met on January 14 th, Committee members present were: Cathy Corsetti (Chair), Susan McGrath (Vice-Chair), Marion Boyd, Robert Burd, Adriana Doyle, Ross Earnshaw, Robert Evans, Michelle Haigh, Brian Lawrie, Marian Lippa, Malcolm M. Mercer, Baljit Sikand and Catherine Strosberg (by telephone). 2. Staff in attendance were: Zeynep Onen, Diana Miles, Terry Knott, Sheena Weir, Lesley Cameron and Julia Bass. 3 61

4 TAB 3.1 FOR DECISION ENDING OF TWO LICENSING EXEMPTIONS Motion 3. That Convocation approve the amendments to By-law 4 set out in the Motion at TAB 3.1.1, to end the licensing exemptions for, a. the Canadian Registered Safety Professionals, and b. Appraisal Institute of Canada. Issue for Consideration 4. Convocation has previously approved a policy that the licensing exemptions in By-law 4 be reduced where possible. The Paralegal Standing Committee has continued to work on the necessary steps to achieve this objective, and now recommends the ending of these two exemptions. Integration Process 5. In 2011, the Law Society established an Integration Process a preferential opportunity to become licensed, offered to members of exempted groups, in keeping with the policy of reducing the number of exempt persons providing legal services. The process has been successful; a total of 312 candidates became licensed, and the last applicants to take advantage of this process have now become licensed. Details of the Groups 6. Further information on the two groups in question is set out below. Board of Canadian Registered Safety Professionals (BCRSP): 7. This organization s over 4,000 members, located throughout Canada, provide expert advice on compliance with the Occupational Health and Safety Act, Workplace Hazardous Information System, the Environmental Protection Act, etc. However, a small number have been involved in workers compensation claims, representing employers and occasionally workers from the initial claim up to and including appeals at the WSIB. Twenty-nine BCRSP members applied under the Integration Process. 1 62

5 Appraisal Institute of Canada (AIC): 8. This organization is the principal real property valuation association in Canada, with approximately 5,000 members. Most AIC members offer valuation services, required for obtaining a mortgage and other purposes, but a small minority of members have developed a practice of appealing municipal assessments at the Assessment Review Board. Twelve members applied under the Integration process. Key Issues and Considerations 9. In November 2012, the Report from the Attorney General s appointee, Mr David Morris was received, as part of the statutorily required five year review of paralegal regulation. Mr Morris Recommendation No.1 was for a further review of the exemptions. 10. The Law Society s policy, as established by Convocation, is that it is generally in the public interest for persons offering advocacy services to members of the public, including potentially vulnerable clients, to be licensed by the Law Society, insured and required to observe the rules of conduct. 11. These two organizations are well-established professional associations, most of whose members do not provide any advocacy services. In the Committee s view, it was appropriate for any of their members who wished to provide such services to become licensed under the Integration process. After due consideration, the Committee is of the view that there is no compelling argument for keeping the exemption for these associations. 12. A Black-line version of the By-law, with the proposed changes, is shown at TAB

6 TAB THE LAW SOCIETY OF UPPER CANADA BY-LAWS MADE UNDER SUBSECTIONS 62 (0.1) AND (1) OF THE LAW SOCIETY ACT BY-LAW 4 [LICENSING] MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON JANUARY 29, 2015 MOVED BY SECONDED BY THAT By-Law 4 [Licensing], made by Convocation on May 1, 2007 and amended by Convocation on May 25, 2007, June 28, 2007, September 20, 2007, January 24, 2008, April 24, 2008, May 22, 2008, June 26, 2008, January 29, 2009, June 25, 2009, June 29, 2010, September 29, 2010, October 28, 2010, April 28, 2011, June 23, 2011, September 22, 2011, November 24, 2011, October 25, 2012, February 27, 2014 and March 4, 2014, be further amended as follows: 1. Subparagraph 30 (1) 7 iv of the English version of the By-Law is deleted and the following substituted: iv. who is a member of the Human Resources Professionals Association of Ontario in the Certified Human Resources Professional category. 2. Subparagraph 30 (1) 7 iv of the French version of the By-Law is deleted and the following substituted: iv. qui est membre de la Human Resources Professionals Association of Ontario dans la catégorie des professionnels en ressources humaines agréés. 64

7 BY-LAW 4 LICENSING PART V PROVIDING LEGAL SERVICES WITHOUT A LICENCE Providing Class P1 legal services without a licence 30. (1) Subject to subsection (2), the following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide: Other profession or occupation 7. An individual, i. whose profession or occupation is not the provision of legal services or the practice of law, ii. iii. iv. A. who provides the legal services only occasionally, who provides the legal services as ancillary to the carrying on of her or his profession or occupation, and who is, a member of the the Human Resources Professionals Association of Ontario in the Certified Human Resources Professional category, B. a member of the Board of Canadian Registered Safety Professionals, or C. a member of the Appraisal Institute of Canada in the designated membership category. 1 65

8 RÈGLEMENT ADMINISTRATIF N o 4 OCTROI DE PERMIS PARTIE V PRESTATION DE SERVICES JURIDIQUES SANS PERMIS Prestation de services juridiques de catégorie P1 sans permis 30. (1) Sous réserve du paragraphe (2), les personnes suivantes peuvent, sans permis, fournir en Ontario des services juridiques identiques à ceux que les titulaires de permis de catégorie P1 sont autorisés à fournir : Autre profession ou emploi 7. Toute personne : i. dont la profession ou l emploi ne consiste pas à fournir des services juridiques ni à exercer le droit, ii. iii. iv. A. qui fournit des services juridiques à l occasion seulement, qui fournit des services juridiques comme auxiliaire dans le cadre de sa profession ou de son emploi, qui est membre, de la Human Resources Professionals Association of Ontario dans la catégorie des professionnels en ressources humaines agréés, B. du Conseil canadien des professionnels en sécurité agréés, 2 66

9 C. de l Institut canadien des évaluateurs dans la catégorie des membres accrédités. 3 67