Regional Solicitor/Director, Legal Services

The Role

As corporate counsel, directs the provision of legal services to the organization, and provides advice and recommendations to Regional Council and the CAO, regarding the legal and strategic (political, social, economic) implications of courses of action, policies, and decisions (with direct reporting and approval responsibility to same). Ensures actions, policies, and by-laws are legal and enforceable. Participates in corporate decision-making bodies for legal and policy input. Ensures the advancement or defense of the Region’s position before the Courts and administrative tribunals. Directs real estate acquisitions, expropriations, and dispositions. 

Duties/Responsibilities

• Supervises Solicitors in areas of specialty including Development, Property, Litigation; and a Legal Assistant. Indirectly supervises legal assistants, and real estate staff. Retains and advises outside legal counsel and experts for specific projects, ensuring the Region’s interests are fully protected and advanced; and administers contracts with same.
• As corporate counsel, reports to and receives direction from Regional Council, Committees, and the CAO; provides legal advice, opinion, support, and recommendations on significant and complex issues, and recommends courses of action to best protect and advance the organization’s legal and strategic interests (political, social, and economic) regarding real estate acquisitions and expropriations.
• Provides professional legal assistance, advice, opinions, and recommendations to staff and senior management in all departments. 
• Oversees the actions of staff to ensure expropriation of lands, contract liabilities, and major capital acquisitions are defensible, compliant, and advance the Region’s interests.
• Directs administration of the Division through the Deputy Director, ensuring the provision of legal services to the organization. Develops and monitors divisional objectives and strategic plans, per the corporate strategic plan. As a member of senior management, assists in the development of corporate and departmental policies, procedures, and business plans.
• Directs expropriations, acquisitions, and dispositions of real estate, including negotiation and approval of settlements of claims (up to $100,000/claims), determination of legal interests, and assessment of risk of liability for damages including injurious affection.
• Exercises delegated authority of Council under Regional Solicitor by-law pertaining to legal actions on behalf of the corporation and negotiated settlements on behalf of the corporation.
• Exercises delegated authority to Council under Property Acquisition by-law to acquire real estate on behalf of the Corporation.
• Interprets questions of the Region’s legislative jurisdiction and implements legislative mechanisms to manifest the Region’s full authority within the scope of its responsibility.
• Advises the organization on sensitive policy matters to protect its interests. Identifies alternative resolutions within the legal framework to achieve corporate policy goals.

Additional Duties/Responsibilities

• Monitors (directly or through the Deputy Director) legal and policy developments to determine their impact on corporate policies and procedures, identifies issues, and recommends changes to ensure compliance and prevent loss. 
• Reviews and approves all reports containing legal advice and opinions, prior to submission to Council and Committee, including reports and settlements for real estate acquisitions, expropriations, and dispositions.
• Provides legal opinions, advice, and recommendations for action to clients (e.g., Waterloo Regional Heritage Foundation, Region of Waterloo Community Housing Incorporated, Region of Waterloo Arts Fund). Performs document preparation and review, settlement negotiation, and appears before Courts and administrative tribunals.
• Participates in the development of new programs, methods, policies, and procedures through participation on committees, project teams, and task forces.
• Represents the Region, or directs representation of the Region’s interests by other solicitors, before Courts, Boards, and Tribunals (e.g., Environmental and Land Tribunal Ontario, Social Assistance Review Board, Coroner Inquests, Rental Housing Tribunal, Assessment Review Board). 
• Participates on Provincial bodies and agencies to provide input on provincial initiatives and proposed legislation. 
• Participates with senior management in corporate, strategic, and business planning.
• Advances the Region’s position for authority to collect charges and levies. Recommends major capital expenditures based on legal opinions as to responsibilities and valuation methodology; and conducts or directs litigation having immediate and financial impact and long-range precedent value. Conducts or directs negotiations in real estate and litigation matters.
• Prepares the Division’s budget. Has unlimited signing authority for cheques required for legal purposes. 
• Represents the Region’s interests, advances its positions, and provides legal services in interactions with associate agencies, senior levels of other government agencies and municipalities, business and industry, judges, lawyers, the media, special interest groups, and the public. 
• Negotiates on behalf of the Region with lawyers on all types of legal matters, (e.g., real estate, land development, litigation, contract matters). 
• Performs related duties as required.

Knowledge, Skills, and Abilities

• Knowledge and skills are acquired through a Bachelor of Laws (LL.B) Degree and subsequent Bar Admission requirements, plus significant, progressively responsible experience leading and practicing law in a municipal environment.
• Must be registered as a lawyer with the Law Society of Upper Canada.
• Knowledge of all areas of the law affecting a municipal corporation, as well as social, political, economic, and legal conditions at municipal, provincial, and federal levels.
• Knowledge and understanding of legislation and regulations affecting the Region, including its overall organizational structure, powers, jurisdiction, authority, and the constraints on its freedom of action to properly advise and represent the corporation. 
• Knowledge of policies, procedures, standards, and legislation with ability to apply same to conceivable set of facts or circumstances, and/or recommend changes per professional opinion. 
• Analytical, problem solving, conflict resolution, continuous improvement, and time management skills to resolve unusual and complex issues and matters of significant financial, legal, or political implications; consider options, conflicting goals, needs, and interests; determine long-term impacts and implications; and maintain a broad view of legal directions and the corporation’s objectives. 
• Ability to balance objectives while safeguarding the interests of the Region, provincial agencies, area municipalities, private developers, and the public.
• Leadership skills to direct, develop, motivate, and support staff.
• Communication, human relations, advocacy, mediation, negotiation, and presentation skills to communicate complex, sensitive issues effectively to elected officials, senior staff, the public, representatives of external agencies, professional experts, and municipalities; mediate and negotiate between conflicting interests on complex and precedent setting issues; persuade others to accept a position; present to Council, Courts, tribunals, and other persons/groups; and participate as an effective team member.
• Ability to read, interpret, and analyze complex legal documents, reports, correspondence, opinions, professional literature, municipal publications, documents, statutes, regulations, by-laws, and Court decisions. 
• Ability to write legal documents and opinions, pleadings, briefs, correspondence, reports, legislation, and complex contracts, agreements, and other legal documents, using precise, specialized language and creativity, making complex concepts understandable to others. 
• Ability to draft by-laws using precise articulation of prohibitive provisions that are enforceable and stand up in Court. 
• Understanding of multiple cultural frameworks, values, and norms and a demonstrated flexible style when faced with dimensions of culture in order to be effective across cultural contexts. Understands the dynamics of cross-cultural and inclusion-related conflicts, tensions, misunderstandings, and opportunities. In addition, recognizes and addresses one’s filters, privileges, biases, and cultural preferences with a commitment to continuous learning and improvement in diversity, inclusion, and cultural competence. 
• Ability to lead transformative change in line with the vision and values of senior leadership while delivering on the expectations of an evolving workforce and regional residents. Is able to discern when to inquire, advocate, drive, or resolve more decisively. 
• Computer skills with ability to use software such as Microsoft Office and legal databases. 
• Ability to travel within and outside Waterloo Region.
• Ability to adjust schedule to work evening and weekend hours as needed.
• Ability to support and demonstrate the Region’s values.