CERTIFIED SPECIALIST PROGRAM MUNICIPAL LAW DEVELOPMENTAL PHASES AND LEARNING CRITERIA LOCAL GOVERNMENT

Transcription

1 CERTIFIED SPECIALIST PROGRAM MUNICIPAL LAW DEVELOPMENTAL PHASES AND LEARNING CRITERIA LOCAL GOVERNMENT I. ESSENTIAL Knowledge Working Knowledge of: Building Code Act, 1992, Municipal Act, 2001, Municipal Freedom of Information and Protection of Privacy Act, Provincial Offences Act Familiarity With: Ambulance Act, Assessment Act, Community Economic Development Act, Conservation Act, 2001, Conservation Authorities Act, Consolidated Hearings Act, Development Charges Act, 1997, Emergency Plans Act, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Fire Protection and Prevention Act, Health Protection and Promotion Act, Housing Development Act, Limitations Act, Line Fences Act, Municipal Conflict of Interest Act, Municipal Elections Act, Municipal Franchises Act, Nutrient Management Act,, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Human Rights Code, Ontario Planning and Development Act, 1994, Ontario Water Resources Act, Police Services Act, Public Transportation and Highway Improvement Act, Retail Business Holidays Act, Road Access Act, Safe Drinking Water Act, 2003, Social Assistance Reform Act, Social Housing Reform Act, Statutory Powers Procedure Act, Surveys Act, Workplace Safety and Insurance Act, Private Acts relating to municipalities Skills Advise client respecting the nature and significance of upper tier, lower tier and single tier municipalities Prepare draft written and oral opinions interpreting municipal legislation, including the Municipal Act, 2001 and municipal by-laws Assist counsel before one or more municipalities on matters excluding planning Assist counsel with advice and/or representation of client with respect to simple situations before one or more special purpose tribunals exercising jurisdiction in any of the following areas: Licensing Property Standards Heritage Preservation Employment Matters Human Rights Matters Freedom of Information and Protection of Privacy Assist in the drafting of reports to a municipal council or committee of a Assist counsel in drafting or negotiating simple agreements to which one or more municipalities is a party

2 Assist counsel in drafting legal opinions or reports to one or more clients outlining the contents of proposed agreements and other business transactions Review and analyze the statutory obligation of a concerning property, facilities and services Draft pleading to initiate, prosecute or defend civil proceedings Draft documents for consideration of lead counsel with respect to any of the following: Human rights Occupational or workplace safety matters Workplace safety and insurance appeals Access to information and privacy issues Termination of employment Prosecute or defend charges under municipal legislation, including interviewing witnesses, reviewing disclosure, and addressing sentence Conduct research for application affecting municipal powers and the exercise of decision-making by municipalities, agencies, boards, and commissions and other administrative tribunals exercising municipal functions Prepare documents for ADR Draft documents for criminal and regulatory prosecutions against a, agency, board or commission Prepare documents for special purpose inquiry or hearing review charges and assess liability, including estimate penalties Act on behalf of one or more clients in simple real estate transactions where a is a party II. INTERMEDIATE Knowledge Advanced Knowledge of: Building Code Act, 1992, Municipal Act, 2001, Municipal Freedom of Information and Protection of Privacy Act, Provincial Offences Act Working Knowledge of: Ambulance Act, Assessment Act, Community Economic Development Act, Conservation Act, 2001, Conservation Authorities Act, Consolidated Hearings Act,, Development Charges Act, 1997, Electricity Act, Emergency Plans Act, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Fire Protection and Prevention Act, Health Protection and Promotion Act, Housing Development Act, Limitations Act, Line Fences Act, Municipal Conflict of Interest Act, Municipal Elections Act, Municipal Franchises Act, Nutrient Management Act, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Human Rights Code, Ontario Planning and Development Act, 1994, Ontario Water Resources Act,, Police Services Act, Public Transportation and Highway Improvement Act, Retail Business Holidays Act, Road Access Act, Safe Drinking Water Act, 2003, Social Assistance Reform Act, Social Housing Reform Act, Statutory Powers Procedure Act, Surveys Act, Workplace Safety and Insurance Act, Private Acts relating to municipalities 2

3 Familiarity with: Aggregate Resources Act, Department of Oceans and Fisheries Act, Farming and Food Production Act, 1998, Greenbelt Act, 2005, Niagara Escarpment Planning and Development Act, North American Free Trade Agreement Act, Oak Ridges Moraine Conservation Act, 2001, Places to Grow Act, 2005, Tile Drainage Act Skills Assist with preparation of applications or submissions on proposed Provincial legislation affecting a Make submissions on proposed public Provincial legislation affecting a Appear before one or more municipalities on matters excluding planning Advise and/or represent client with respect to simple situations before one or more special purpose tribunals exercising jurisdiction in any of the following areas: Licensing Property Standards Heritage Preservation Health Employment Matters Human Rights Matters Freedom of Information and Protection of Privacy Advise or represent client with respect to simple situations regarding the Executive powers of a Advise or represent client with respect to simple situations regarding the Legislative powers of a Advise or represent client with respect to simple situations regarding the Quasi-Judicial powers of a Draft or negotiate, with assistance, complex agreements to which one or more municipalities are a party Draft legal opinions or reports to one or more clients outlining the contents of proposed agreements and other business transactions Act on behalf of one or more clients in real estate transactions of moderate complexity where the is a party Advise or draft documents for one or more clients with respect to municipal tendering, RFI, RFQ, RFP or other procurement issues Advise or represent a client with respect to the statutory obligations of a concerning property, facilities and services Draft and assist in labour management proceedings Draft preliminary advice with respect to the Judicial Review of a decision Assist at Judicial Review before Divisional and appellate courts Prepare legal analysis Identify and evaluate defenses Assist in negotiation and proceedings, including pre-trial and trial Draft pleadings Prepare legal and factual analysis Interview witnesses Participate in discovery 3

4 Prepare and conduct interim motions Attend pre-trial, mediation Assist with appeal or judicial review Draft notice of appeal (or equivalent document) Conduct simple motions or pre-trial conferences Assist at hearings III. ADVANCED Advanced Knowledge of: Ambulance Act, Assessment Act, Community Economic Development Act, Conservation Act, 2001, Conservation Authorities Act, Consolidated Hearings Act, Development Charges Act, 1997, Electricity Act, Emergency Plans Act, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Fire Protection and Prevention Act, Health Protection and Promotion Act, Housing Development Act, Limitations Act, Line Fences Act, Municipal Conflict of Interest Act, Municipal Elections Act, Municipal Franchises Act, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Human Rights Code, Ontario Planning and Development Act, 1994, Ontario Water Resources Act, Police Services Act, Public Transportation and Highway Improvement Act, Retail Business Holidays Act, Road Access Act, Safe Drinking Water Act, 2003, Social Assistance Reform Act, Social Housing Reform Act, Statutory Powers Procedure Act, Surveys Act, Workplace Safety and Insurance Act, Private Acts relating to municipalities. Working Knowledge of: Aggregate Resources Act, Department of Oceans and Fisheries Act, Farming and Food Production Act, 1998, Greenbelt Act, 2005, Niagara Escarpment Planning and Development Act, North American Free Trade Agreement Act, Nutrient Management Act, Oak Ridges Moraine Conservation Act, 2001, Places to Grow Act 2005, Tile Drainage Act Skills Initiate complex applications or submissions on proposed Provincial legislation affecting a Appear on a regular basis before one or more municipalities Advise and/or represent client with respect to situations of greater complexity before one or more special purpose tribunals exercising jurisdiction in any of the following areas: Licensing Property Standards Heritage Preservation Health Employment Matters Human Rights Matters Freedom of Information and Protection of Privacy Act as counsel with respect to situations of greater complexity to one or more special purpose tribunals exercising jurisdiction in any of the following areas: Planning 4

5 Licensing Property Standards Heritage Preservation Health Employment Matters Human Rights Matters Freedom of Information and Protection of Privacy Draft report to with respect to complex matters Advise or represent client with respect to complex situations regarding the Executive powers of a Advise or represent client with respect to complex situations regarding the Legislative powers of a Advise or represent client with respect to complex situations regarding the Quasi-Judicial powers of a Draft or negotiate complex agreements to which one or more municipalities is a party. Draft legal opinions or reports to one or more clients outlining the contents of proposed agreements and other business transactions Act on behalf of one or more clients in complex real estate transactions where the is a party. Advise or draft documents for one or more clients with respect to municipal tendering, RFI, RFQ, RFP or other procurement issues Advise or represent a client on complex issues with respect to the statutory obligations of a concerning property, facilities and services I. ESSENTIAL Knowledge Working Knowledge of: LAND USE PLANNING AND DEVELOPMENT Planning Act, Ontario Municipal Board Act, Rules of Practice and Procedure [OMB] Familiarity With: Aggregate Resources Act, Assessment Act, Building Code Act, 1992, Conservation Authorities Act, Conservation Land Act, Consolidated Hearings Act, Department of Fisheries and Oceans Act, Development Charges Act, 1997, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Farming and Food Production Protection Act, 1998,Greenbelt Act, 2005, Housing Development Act, Judicial Review Procedures Act, Line Fences Act, Municipal Act, 2001, Niagara Escarpment Planning and Development Act, Nutrient Management Act, 2002, Oak Ridges Moraine Conservation Act, 2001,, Ontario Heritage Act, Ontario Planning and Development Act, 1994,Ontario Water Resources Act, Places to Grow Act, 2005,, Provincial Offences Act, Public Transportation and Highway Improvement Act, Road Access Act, Safe Drinking Water Act, 2002, Statutory Powers Procedures Act, Private Acts relating to municipalities 5

6 Skills Advise client respecting: Building Code Act, 1992 Development Charges Act, 1997 Municipal Act, 2001 Provincial Offences Act Planning Act Ontario Municipal Board Act Rules of Practice and Procedure [OMB] Advise client respecting the nature, significance and the approval process for a(n): Official plan Zoning by-law Holding by-law Interim control by-law Bonus by-law Temporary use by-law Subdivision control Site plan control Upper-tier, lower-tier, single-tier municipalities Provincial planning powers Ontario Municipal Board Review files at Ontario Municipal Board Dealing with caseworkers Committee of Adjustment Application Meet with client and prepare application (or opposition) Application submission Submissions at Committee Council & Committees of Council Attend at Council & make deputation Attend and make submissions at Committee of Council Understanding of municipal processing cycle Ontario Municipal Board Hearing Assist counsel with respect to obtaining a hearing date Assist counsel with respect to issuing notice Assist counsel with respect to preparing for a pre-hearing conference Assist counsel at a pre-hearing Assist counsel with respect to drafting an issues list Assist counsel with respect to retaining planning witness Assist counsel with respect to preparing witness statements Assist counsel with respect to preparing exhibits 6

7 Assist counsel with respect to preparing direct and cross examinations Assist counsel with issuing of summons Assist counsel with the drafting of affidavits Assist counsel with the preparation of hearing books Assist counsel with conducting the examination in chief Assist counsel with conducting the cross examination Assist counsel with conducting a hearing Assist counsel with preparing and presenting final argument Costs Motion Assist counsel with issuing a notice of motion Assist counsel with drafting a motion record Assist counsel with drafting affidavits regarding costs Assist counsel with drafting a billing statement Motions and Applications Assist counsel with drafting a notice of motion Assist counsel with drafting a notice of application Assist counsel with drafting affidavits Assist counsel with drafting a Factum Assist counsel with preparing the argument and compendium Assist counsel with procedural motions Assist counsel with preparing a witness for cross-examination Assist counsel with a witness being cross- examined Assist counsel with cross-examination of other witness Assist counsel with arguing a motion or application before the Board Assist counsel with arguing a motion or application before a High Court Judge Assist counsel with drafting and taking out order/judgment Motion to Dismiss Assist counsel with the preparation of materials Assist counsel at a motion to dismiss Assist counsel with respect to arguing a motion Appeals Assist counsel in preparing a motion for leave to appeal Assist counsel at motion for leave to appeal Assist counsel with arguing a motion for leave to appeal Assist counsel with preparing a notice of appeal Assist counsel with preparing an appellant's Factum Assist counsel with preparing appeal books Assist counsel with preparing a respondent's Factum Assist counsel with preparing for argument of appeal Assist counsel with preparing compendium Assist counsel with argument of appeal 7

8 Settlement Assist counsel with respect to advising client on offer to settle Assist counsel with preparation and service of offer to settle Assist counsel with settlement negotiations Assist counsel with the completion of settlement and the conclusion of litigation II. INTERMEDIATE Knowledge Advanced Knowledge of: Planning Act, Ontario Municipal Board Act, Rules of Practice and Procedure [OMB] Working Knowledge of: Aggregate Resources Act, Assessment Act, Building Code Act, 1992, Conservation Authorities Act, Consolidated Hearings Act, Department of Fisheries and Oceans Act, Development Charges Act, 1997, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Farming and Food Production Protection Act, 1998,Greenbelt Act, 2005, Housing Development Act, Judicial Review Procedures Act, Line Fences Act, Municipal Act, 2001, Niagara Escarpment Planning and Development Act, Nutrient Management Act, 2002, Oak Ridges Moraine Conservation Act, 2001, Ontario Heritage Act, Ontario Planning and Development Act, 1994,Ontario Water Resources Act, Places to Grow Act, 2005, Provincial Offences Act, Public Transportation and Highway Improvement Act, Road Access Act, Safe Drinking Water Act, 2002, Statutory Powers Procedures Act, Private Acts relating to municipalities Skills At this level, both advising and representing clients on the matters listed at essential level. Candidates will have carriage of the matters at this level. Negotiating agreements associated with planning and development matters. Ontario Municipal Board Hearing Obtain hearing date Issue notice Prepare for pre-hearing conference Attend at pre-hearing Draft issues list Retain planning witness Prepare witness statements Prepare exhibits Prepare direct and cross examinations Issue summons Draft affidavits Prepare hearing books 8

9 Conduct examination in chief Conduct cross examination Conduct hearing Prepare and present final argument Costs Motion Issue notice of motion Draft motion record Draft affidavits regarding costs Draft billing statement Motions and Applications Draft notice of motion Draft notice of application Draft affidavits Draft Factum Prepare argument and compendium Procedural motions Prepare a witness for cross-examination Attend with a witness being cross- examined Attend on cross-examination of other witness Conduct cross-examination of other witness Argue motion or application before Board Argue motion or application before High Court Judge Draft and take out order/judgment Motion to Dismiss Preparation of materials Attendance at motion to dismiss Argue motion Appeals Prepare motion for leave to appeal Attend at motion for leave to appeal Argue motion for leave to appeal Prepare notice of appeal Prepare appellant's Factum Prepare appeal books Prepare respondent's Factum Prepare for argument of appeal Prepare compendium Attend argument of appeal Argue appeal Judicial Review Prepare notice of application for judicial review Prepare affidavits in support or in opposition 9

10 Prepare Factum Attend hearing Argue judicial review matter (in support or opposition) Settlement Advise client concerning offer to settle Prepare and serve offer to settle Conduct settlement negotiations Complete settlement and conclude litigation Agreements Negotiate agreements authorized under the list of statutes (identified under knowledge) respecting any land use and development matters Negotiate other land development agreements III. ADVANCED Knowledge Advanced Knowledge of: Aggregate Resources Act, Assessment Act, Conservation Authorities Act, Consolidated Hearings Act, Department of Fisheries and Oceans Act, Environmental Assessment Act, Environmental Protection Act, Expropriations Act, Farming and Food Production Protection Act, 1998, Greenbelt Act, 2005, Housing Development Act, Judicial Review Procedures Act, Line Fences Act, Niagara Escarpment Planning and Development Act, Nutrient Management Act, 2002, Oak Ridges Moraine Conservation Act, 2001, Ontario Heritage Act, Ontario Planning and Development Act, 1994,Ontario Water Resources Act, Places to Grow Act, 2005, Public Transportation and Highway Improvement Act, Road Access Act, Safe Drinking Water Act, 2002, Statutory Powers Procedures Act, Private Acts relating to municipalities Skills At this level candidates will have carriage of matters identified at the intermediate level that are both legally and factually most challenging and complex. 10