What is a paralegal?

In Ontario, a paralegal is an independent, licensed legal professional, regulated by the Law Society of Ontario (LSO). This means that in Ontario, the paralegal is not just a legal assistant who helps lawyers, as in many jurisdictions, but an individual authorized to independently provide some types of legal services. This means that a paralegal can represent clients in:

1. Currently, Paralegals are authorized to perform work before an Immigration and Refugee Board, including the following:

a. Refugee Protection Division (RPD) – This is the division of the Immigration and Refugee Board of Canada (IRB) that hears claims for refugee protection made in Canada and decides whether to accept them.

b. Refugee Appeal Division (RAD) – The Division considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection.

c. Immigration Division (ID) – The Immigration Division conducts admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada under the law. It also conducts detention reviews for most persons being detained under the Immigration and Refugee Protection Act.

d. Immigration Appeal Division (IAD) – The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters, such as appeals from refused sponsorship applications and from Removal Orders.

2. Ontario Court of Justice under the Provincial Offences Act, for matters involving:

•  Highway Traffic Act
•  Compulsory Automobile Insurance Act
•  Liquor Licence Act
•  Trespass to Property Act
•  Environmental Protection Act
•  Occupational Health and Safety Act
•  Blind Persons Rights Act
•  Municipal By-Laws

3. Statutory Accident Benefits Schedule (SABS) claim or in matters related such as a mediator, a person performing an evaluation, and an arbitrator.

4. Small Claims Court, including claims for damages or return of property worth $35,000 or less

5. Summary Convictions Court under the Criminal Code (Canada), for summary convictions and “true” summary conviction matters where the maximum penalty is a $2,000 fine or imprisonment to a maximum of 6 months, or both, for offences such as:

•  indecent acts, public nudity, prostitution
•  causing disturbance, vagrancy, cruelty to animal’s assault, possession of a weapon, mischief regarding property
•  theft under $5,000 or possession of stolen property under $5,000
•  fraud, forgery, making false statements

6. Tribunals established under an Act of the Legislature of Ontario or under an Act of Parliament:

• Financial Services Commission of Ontario (FSCO)
• Workplace Safety and Insurance Board (WSIB)
• Workplace Safety and Insurance Appeals Tribunal
• Landlord and Tenant Board
• Ontario Human Rights Commission (OHRC)
• Human Rights Tribunal of Ontario
• Social Benefits Tribunal
• Assessment Review Board
• Ontario Municipal Board (OMB)
• Ontario Labour Relations Board (OLRB)
• Alcohol and Gaming Commission of Ontario
• Agriculture, Food and Rural Affairs Appeal Tribunal
• Health Professions Appeal and Review Board
• Ontario Highway Transport Board
• Ontario Parole and Earned Release Board

7. Notary and Commissioner of Oaths