Job Specification

Purpose of Position :

Accountability – Personnel :

A. Support for General Counsel on all legal work within OCWA, including providing general legal advice to OCWA senior management and staff on numerous issues (including construction law, environmental, health and safety, due diligence, legal risk analysis, insurance, liability, investigations, commercial, contract law, tendering, negotiation, FOI (freedom of information/privacy), etc.); help lead in any legal group initiatives at OCWA in support of OCWA's Business Plan; and assist in identifying and addressing potential liability issues for the corporation.

B. Dealing with all legal issues that arise with respect to OCWA's Project Development Group, including providing day to day advice on project management, construction administration, liability, construction liens, project facilitation, construction litigation and claims, contract drafting, contract interpretation, negotiation, financial security (bonds, letters of credit), occupational health and safety and consultant work.

C. Litigation management of matters concerning Project Development Group and Operations, insured and non-insured claims, instructing outside counsel, liasing with PDG on those matters and advising on strategy; dealing with insurance issues with respect to litigation including liasing with OCWA's Corporate Services Group; preparing annual report to Provincial Auditor re claims.

D. Providing advice on environmental/health and safety issues and regulatory requirements along with Assistant General Counsel, also assisting in the development of training initiatives regarding compliance, i.e., development and delivery of Contractor Safety Program and assist with the delivery of Environmental Compliance Course training (assist with revision of materials as required). Provide advice re environmental compliance issues (orders, investigations, charges, biosolids, new legislation/regulations, small water systems, AMPs, etc.). Provide advice re implementation of Contractor Safety Program. Advise Operations staff with respect to client issues.

21. Statement of Major Responsibilities How is purpose achieved?)
Maintain and update operating agreement templates. Review and re-draft all types of agreements (operating, consulting, facility management, project management, construction). Review corporate procurement of goods/services.
Review existing contracts, draft correspondence, and provide advice to PDG on project management issues which include giving advice on construction administration, procurement and tendering, financial security (performance bonds, letters of credit, contract drafting), insurance and risk management, construction liens, and liabilities (professional, environmental, health and safety).
Provide advice to PDG with respect to project structure (design-build, traditional construction administration) and consulting work (traditional project management, project facilitation).
Review and draft agreements and provide legal advice to PDG related to its consulting work, involving performance issues, liabilities, risk management, health and safety.
Retain and oversee legal work of external counsel (civil litigation, insured matters, OHS prosecutions). Prepare Annual Report on Contingent Liabilities for Provincial Auditor.
Ensure knowledge on matters legal is maintained throughout OCWA. This may require the preparation of material for distribution or being available and making presentations (due diligence, occupational health and safety, regulatory compliance, procurement, commercial/contract law).
Draft, review and negotiate agreements (including operation and maintenance, project management, software, commercial, consulting, etc.);
Continue to implement and monitor aspects of OCWA's Environmental Management and Occupational Health & Safety Systems to ensure compliance with environmental and health and safety legislation. Provide legal advice on environmental/OH&S issues that arise at OCWA. Emphasis placed on maintaining compliant operations (including training on regulatory matters - environmental, health and safety). Ensure appropriate legal response to workplace issues (occupational health and safety, investigations, orders).
Discuss legal issues with internal lawyers, as necessary. Provide advice as requested by OCWA staff, senior management and the General Counsel.
Participate in on-site meetings as required.

Duties / Responsibilities :

Performance Factors Related to Major Responsibilities:
1. Maintains and updates operating agreement templates.
2. Reviews existing contracts, draft correspondence, and provide advice to PDG on project management issues which include giving advice.
3. Drafts, reviews and negotiates agreements.
4. Continues to implement and monitor aspects of OCWA's Environmental Management and Occupational Health & Safety Systems.
5. Ensures knowledge on matters legal is maintained throughout OCWA.
6. Discuss legal issues with internal lawyers, as necessary.

Knowledge :

Membership in the Law Society of Upper Canada and entitled to practice law. Thorough knowledge of environmental, municipal. and contract law, and a good knowledge of other relevant legislation, pertaining to such matters as: construction/construction liens, employment/labour, corporate/commercial law. Thorough knowledge of the law pertaining to water and wastewater works and operation of the Ontario Clean Water Agency. Working knowledge of the operations of a commercial corporation. Superior written communication skills to develop and communicate complex policies, strategies, opinions to clear, concise language for a variety of readers. Highly developed investigative, fact finding, and analytical skills. Ability to recognize and assess legal implications of legislation and to provide alternative solutions using excellent judgement. Effective interpersonal skills to deal with and consult to a variety of clients at all levels of the organization. Strong organizational skills to manage a high volume and diverse caseload. Ability to work to extremely tight deadlines with minimal direction.