The provincial government’s proposed changes to the Ontario College of Trades are outlined in Schedule 17 of Bill 70, an omnibus budget bill tabled on Nov. 23. The draft legislation has been referred to the standing committee on finance and economic affairs, and may be modified following committee review before it receives third reading and royal assent. You can read the complete draft legislation on the Ontario Legislative Assembly site.
SCHEDULE 17
ONTARIO COLLEGE OF TRADES AND APPRENTICESHIP ACT, 2009
1.(1) The definitions of “Appointments Council”, “apprentice”, “Minister”, “Minister’s regulation” , “registered training agreement” and “sponsor” in section 1 of the Ontario College of Trades and Apprenticeship Act, 2009 are repealed and the following substituted:
“Appointments Council” means the branch of the Appointments Council and Classification Roster referred to in section 63.1; (“Conseil des nominations”)
“apprentice” means an individual who, pursuant to a registered training agreement, is receiving or is to receive training in a trade required as part of an apprenticeship program established by the College; (“apprentice”)
“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act or part of this Act is assigned or transferred under the Executive Council Act; (“ministre”)
“Minister’s regulation” means a regulation made by the Minister under subsection 74 (3); (“règlement du ministre”)
“registered training agreement” means an agreement registered under section 65 under which an individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the College; (“contrat d’apprentissage enregistré”)
“sponsor” means a person who, pursuant to a registered training agreement, is required to ensure that an individual is provided with the training required as part of an apprenticeship program established by the College; (“parrain”)
(2) Section 1 of the Act is amended by adding the following definitions:
“Appointments Council and Classification Roster” means the College of Trades Appointments Council and Classification Roster continued by section 63; (“Conseil des nominations et Registre du classement”)
“Classification Roster” means the branch of the Appointments Council and Classification Roster referred to in section 63.2; (“Registre du classement”)
“governing structure of the College” means the Board, the divisional boards referred to in section 19, the trade boards referred to in section 20 and the roster of adjudicators; (“structure de gouvernance de l’Ordre”)
“old Appointments Council” means the College of Trades Appointments Council established under section 63, as it read immediately before the Building Ontario Up for Everyone Act (Budget Measures), 2016 received Royal Assent; (“ancien Conseil des nominations”)
“Ontario Labour Relations Board” means the board continued under section 110 of the Labour Relations Act, 1995; (“Commission des relations de travail de l’Ontario”)
“review panel” means a panel established by the Board under section 21; (“comité d’examen”)
“roster of adjudicators” means the roster referred to in subsection 21 (5); (“liste des arbitres”)
(3) Section 1 of the Act is amended by adding the following definition:
“classification panel” means a panel appointed by the associate chair of the Classification Roster under subsection 63.6 (1); (“comité de classement”)
(4) The definitions of “compulsory trade” and “voluntary trade” in section 1 of the Act are amended by striking out “Board regulation” wherever it appears and substituting in each case “Minister’s regulation”.
2. The Act is amended by adding the following section:
Engaging in the practice of a compulsory trade
4.1 For the purposes of this Act, an individual “engages in the practice of a compulsory trade” if,
(a) where a Minister’s regulation has been made under subsection 63.6 (9) implementing the determinations of a classification panel in respect of the compulsory trade, the individual engages in a practice that is prescribed by the regulation as engaging in the practice of the compulsory trade; or
(b) where a Minister’s regulation referred to in clause (a) has not been made, the individual engages in any practice that is prescribed by the Board as being within the scope of practice of the compulsory trade.
3. Subsection 9 (3) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.
4. (1) Paragraph 1 of subsection 11 (1) of the Act is repealed and the following substituted:
1. To establish the scopes of practice for trades and undertake reviews of the scopes of practice.
(2) Paragraph 10 of subsection 11 (1) of the Act is repealed.
(3) Paragraph 12 of subsection 11 (1) of the Act is amended by adding “and enforcement” after “compliance”.
(4) Subsection 11 (2) of the Act is amended by adding “and enforcement” after “compliance”.
5. The Act is amended by adding the following section:
Compliance and enforcement policy
11.1 (1) The College shall develop a compliance and enforcement policy respecting the object set out in paragraph 12 of subsection 11 (1), which shall include,
(a) a description of what constitutes a risk of harm and of how such risks will be accounted for in the enforcement of sections 2 and 4;
(b) an annual identification of risks that will be the enforcement focus for a compulsory trade for the year; and
(c) a description of how the College will fulfil its duty under subsection 11 (2).
Compliance and Enforcement Committee recommendations
(2) The Compliance and Enforcement Committee established under section 34.1 shall provide its recommendations regarding the contents of the College’s compliance and enforcement policy to the Board and the Minister within 120 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
Board approval
(3) The compliance and enforcement policy must be approved by the Board before it is implemented.
Same
(4) The Board shall, within 180 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent, approve a compliance and enforcement policy, send the approved policy to the Minister and make the policy public.
Amendments
(5) The Compliance and Enforcement Committee may recommend amendments to the policy at any time, but any such amendments must be approved by the Board before they are implemented.
Same
(6) The Board shall, upon making amendments to the compliance and enforcement policy or approving amendments recommended by the Compliance and Enforcement Committee, send the amendments to the Minister and make them public promptly.
Same
(7) For the purposes of subsections (4) and (6), the compliance and enforcement policy shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website.
Policy not a regulation
(8) The compliance and enforcement policy is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.
6. (1) Subsection 21 (2) of the Act is amended by striking out “and on classification of trades as compulsory trades or voluntary trades”.
(2) Subsection 21 (3) of the Act is repealed and the following substituted:
Decision final
(3) A decision of a review panel is final and binding.
Judicial review
(3.1) Nothing in subsection (3) prevents a court from reviewing a decision of a review panel, but a decision of a review panel concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable.
(3) Section 21 of the Act is amended by adding the following subsection:
Same
(4.1) A person may not be appointed to a review panel if the person is currently a member of a classification panel.
7. Section 24 of the Act is amended by striking out “section 63” at the end and substituting “section 63.1”.
8. The Act is amended by adding the following section:
Compliance and Enforcement Committee
34.1(1) In addition to the committees named in subsection 30 (1), the Board shall establish a Compliance and Enforcement Committee to advise the Board on compliance and enforcement issues in respect of matters within the jurisdiction of the College.
Duties re policy
(2) The Compliance and Enforcement Committee shall, in addition to performing its duties under subsection (1),
(a) develop recommendations regarding the contents of the compliance and enforcement policy referred to in section 11.1;
(b) develop recommendations regarding amendments to the policy at any time the Committee determines is necessary; and
(c) review the policy and its implementation by the College as often as it considers necessary and, in any event, not less than annually.
Same
(3) The Board shall appoint the members of the Compliance and Enforcement Committee in accordance with the following:
1. One member shall be a person selected by the Minister to represent the ministry of the Minister.
2. One member shall be a person selected by the Minister to represent another ministry that has legislative authority relating to compliance and enforcement issues.
3. Four members shall be members of the governing structure of the College, one affiliated with each of the four sectors described in section 18. At least one such member shall not be a member of the Board.
4. Two members shall be persons appointed to represent the public and promote consumer protection.
5. One member shall be a deputy registrar of the College.
Chair
(4) The Board shall appoint one of the members described in paragraph 3 of subsection (3) who is a member of the Board as the chair of the Compliance and Enforcement Committee.
Non-application
(5) Sections 33 and 34 do not apply to the Compliance and Enforcement Committee.
9. Section 37 of the Act is amended by adding the following subsection:
No membership until new trade is classified
(3.1) Despite subsections (1), (2) and (3), no certificates of qualification or statements of membership may be issued in respect of a trade that is prescribed by a Minister’s regulation as a trade for the purposes of this Act on or after the day section 16 of Schedule 17 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force until the trade has been prescribed by a Minister’s regulation as a voluntary trade or a compulsory trade.
10. The English version of subsection 44 (9) of the Act is amended by striking out “its being filed” and substituting “it being filed”.
11. The Act is amended by adding the following Part:
PART VIII.1
ADMINISTRATIVE PENALTIES
Notice of contravention
59.1 (1) If the Registrar or an inspector appointed under section 54 believes that a person has contravened section 2 or 4, the Registrar or inspector may issue a notice of contravention to the person setting out his or her belief and requiring the person to pay the administrative penalty prescribed by a Lieutenant Governor’s regulation for the contravention in question.
Purpose of administrative penalty
(2) The following are the purposes for which a person may be required to pay an administrative penalty under this section:
1. To encourage compliance with section 2 or 4.
2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of section 2 or 4.
Factors
(3) Prior to issuing a notice of contravention, the Registrar or an inspector appointed under section 54 shall consider,
(a) the scope of practice of every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act that may be relevant;
(b) the compliance and enforcement policy referred to in section 11.1; and
(c) if the contravention involves an individual performing work or engaging in the practice of a compulsory trade, whether there is a risk of harm to that individual, to other individuals at or near the site where the trade is being performed or practised, or to the public.
Amount of administrative penalty
(4) The amount of an administrative penalty prescribed by a Lieutenant Governor’s regulation for a contravention shall reflect the purposes referred to in subsection (2).
One-year limitation
(5) A notice of contravention shall not be issued under this section more than one year after the contravention first came to the knowledge of the Registrar or inspector.
Content of notice of contravention
(6) The notice of contravention shall,
(a) contain or be accompanied by information setting out,
(i) the nature of the contravention, and
(ii) the date on which it occurred and the location;
(b) set out the amount of the penalty to be paid and specify the time and manner of the payment; and
(c) inform the person of his or her right to request a review of the notice by the Ontario Labour Relations Board and of the timelines to do so set out in subsection 59.2 (1).
If no review requested
(7) If a person who has received a notice of contravention does not apply for a review under subsection 59.2 (1), the person shall pay the penalty to the Minister of Finance within 30 days after the day the notice of contravention was served.
Review
59.2 (1) A person who receives a notice of contravention under section 59.1 may apply to the Ontario Labour Relations Board for a review of the notice of contravention in a form approved by the Ontario Labour Relations Board,
(a) within 15 days after receipt of the notice of contravention; or
(b) if the Ontario Labour Relations Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Ontario Labour Relations Board.
If review requested
(2) If a person who has received a notice of contravention applies for a review under subsection (1), the Ontario Labour Relations Board shall conduct the review in accordance with any rules that may be made by the Chair of the Ontario Labour Relations Board under clause (3) (a) or subsection (4).
Ontario Labour Relations Board rules
(3) The Chair of the Ontario Labour Relations Board may make rules,
(a) governing the practices and procedures and the exercise of its powers applicable to a review of a notice of contravention; and
(b) requiring the use of forms approved by the Ontario Labour Relations Board.
Same
(4) Without limiting the generality of clause (3) (a), the Chair may make rules to expedite any proceeding under this section, and such rules may,
(a) provide that the Ontario Labour Relations Board is not required to hold a hearing;
(b) limit the extent to which the Ontario Labour Relations Board is required to give full opportunity to the parties to present their evidence and to make submissions; and
(c) authorize the Ontario Labour Relations Board to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances.
Conflict with the Statutory Powers Procedure Act
(5) Rules made under subsection (4) apply despite anything in the Statutory Powers Procedure Act.
Rules not regulations
(6) Rules made under subsection (3) or (4) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.
Parties to review
(7) The parties to a review of a notice of contravention are,
(a) the College;
(b) the person who received the notice of contravention; and
(c) such other persons as the Ontario Labour Relations Board may specify.
Powers of Ontario Labour Relations Board
(8) For the purposes of a review of a notice of contravention, the Ontario Labour Relations Board has power,
(a) to require any party to furnish particulars before or during a consultation or hearing;
(b) to require any party to produce documents or things that may be relevant to the review and to do so before or during a consultation or a hearing;
(c) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Ontario Labour Relations Board considers requisite to the review in the same manner as a court of record in civil cases;
(d) to administer oaths and affirmations;
(e) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not;
(f) to make interim orders concerning procedural matters on such terms as it considers appropriate; and
(g) to determine the form in which and the time as of which any party to the review must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time.
Mistakes in names of parties
(9) Where, in a review of a notice of contravention, the Ontario Labour Relations Board is satisfied that a mistake has been made in good faith with the result that the proper person has not been named as a party or has been incorrectly named, the Ontario Labour Relations Board may order the proper person to be substituted or added as a party to the review or to be correctly named on such terms as appear to the Ontario Labour Relations Board to be just.
Factors
(10) In conducting a review, the Ontario Labour Relations Board,
(a) shall consider,
(i) the scope of practice of every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act that may be relevant,
(ii) the compliance and enforcement policy referred to in section 11.1, and
(iii) if the contravention involves an individual performing work or engaging in the practice of a compulsory trade, whether there is a risk of harm to that individual, to other individuals at or near the site where the trade is being performed or practised, or to the public; and
(b) may consider any other factor it considers relevant.
Ontario Labour Relations Board’s decision
(11) Upon a review, the Ontario Labour Relations Board may,
(a) resolve the notice of contravention in the manner consented to by the parties;
(b) find that the person did not contravene the provision specified in the notice of contravention and rescind the notice;
(c) find that the person did contravene the provision but that the notice of contravention is not justified having regard to the factors set out in subsection (10) and rescind the notice;
(d) find that the person did contravene the provision and that the notice of contravention is justified having regard to the factors set out in subsection (10) and affirm the notice; or
(e) find that the person did contravene the provision and that the notice of contravention is justified having regard to the factors set out in subsection (10) but that the amount of the penalty is excessive in the circumstances and amend the notice by reducing the amount of the penalty.
Decision final
(12) A decision by the Ontario Labour Relations Board under this section is final and binding on the parties to the review.
Judicial review
(13) Nothing in subsection (12) prevents a court from reviewing a decision of the Ontario Labour Relations Board under this section, but a decision of the Ontario Labour Relations Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable.
Payment after review
(14) If the Ontario Labour Relations Board affirms a notice of contravention or amends the notice by reducing the amount of the penalty, the person shall pay the penalty determined by the Ontario Labour Relations Board within 30 days after the day of the Ontario Labour Relations Board’s decision.
Payment to Minister of Finance
(15) A person who is required to pay a penalty under this section shall pay the penalty to the Minister of Finance.
Testimony in civil proceedings, etc.
(16) Except with the consent of the Ontario Labour Relations Board, no member of the Ontario Labour Relations Board, its registrar, its other officers or clerks or servants can be compelled to testify in a civil proceeding, in a proceeding before the Ontario Labour Relations Board or in a proceeding before any other tribunal respecting information obtained in the course of their duties under this Act.
Enforcement of administrative penalty
59.3 (1) If a person who is required to pay an administrative penalty fails to pay it within the time required under subsection 59.1 (7) or 59.2 (14), the notice of contravention or the Ontario Labour Relations Board’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.
Same
(2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) of this section and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.
Crown debt
59.4 An administrative penalty imposed under subsection 59.1 (1) or 59.2 (11) that is not paid within the time required under subsection 59.1 (7) or 59.2 (14) is a debt due to the Crown and enforceable as such.
Minister may authorize collector
59.5 (1) The Minister may authorize any person to act as a collector for the purposes of this section and sections 59.6 and 59.7 and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing under this Act.
Costs of collection
(2) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act.
Same
(3) The Minister may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection.
Exception re disbursements
(4) The Minister shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements.
Collector’s powers
59.6 (1) A collector may exercise any of the powers specified in an authorization of the Minister under section 59.5.
Fees and disbursements part of order
(2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 59.5 (2) shall be deemed to be owing under and shall be deemed to be added to the amount of the penalty set out in the notice of contravention.
Distribution of money collected
(3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements.
Settlement by collector
59.7 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister.
Payment
(2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 59.6 (3).
Publication
59.8 The College shall publish particulars of a notice of contravention issued under subsection 59.1 (1) in accordance with a Minister’s regulation.
12. The heading to Part IX of the Act is repealed and the following substituted:
PART IX
RATIOS
13. Section 61 of the Act is repealed.
14. (1) Part XI of the Act is repealed and the following substituted:
PART XI
APPOINTMENTS COUNCIL AND CLASSIFICATION ROSTER
Appointments Council and Classification Roster
63. (1) The College of Trades Appointments Council is continued under the name College of Trades Appointments Council and Classification Roster in English and Conseil des nominations et Registre du classement de l’Ordre des métiers in French.
Transition
(2) The chair and the members of the old Appointments Council who are in office on the day before the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent shall continue in office as the associate chair and members of the Appointments Council branch of the Appointments Council and Classification Roster until the expiry of their terms.
Same
(3) The Appointments Council and Classification Roster shall be composed of a chair appointed by the Lieutenant Governor in Council and the following two branches of the Appointments Council and Classification Roster:
1. The Appointments Council described in section 63.1.
2. The Classification Roster described in section 63.2.
Chair
(4) The chair of the Appointments Council and Classification Roster shall be responsible for the administration of the Appointments Council and Classification Roster.
Term of office
(5) The term of office of the chair shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.
Multiple terms
(6) The chair may serve for more than one term.
Same
(7) The chair may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council and Classification Roster.
Remuneration
(8) The chair shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.
Memorandum of understanding
(9) The Appointments Council and Classification Roster shall perform its functions under this Act in accordance with a memorandum of understanding to be entered into between the chair, on behalf of the Appointments Council and Classification Roster, and the Minister.
Administrative support
(10) The Minister shall provide the Appointments Council and Classification Roster with such administrative support as the Minister considers necessary for the purposes of the Appointments Council and Classification Roster.
Appointments Council
Composition
63.1 (1) The Appointments Council shall be composed of an associate chair and eight other members appointed by the Lieutenant Governor in Council.
Term of office
(2) The term of office of a member of the Appointments Council shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.
Multiple terms
(3) A member of the Appointments Council may serve for more than one term.
Same
(4) A member of the Appointments Council may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council.
Appointment to governing structure
(5) The following are not eligible to be appointed to the governing structure of the College:
1. A member of the Appointments Council.
2. A former member of the Appointments Council, unless at least one year has elapsed since he or she was a member of the Appointments Council.
3. A former member of the old Appointments Council, unless at least one year has elapsed since he or she was a member of the old Appointments Council.
Remuneration
(6) The associate chair and other members of the Appointments Council shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.
Quorum
(7) Five members of the Appointments Council constitute a quorum.
Vacancies in Appointments Council
(8) If one or more vacancies occur in the membership of the Appointments Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by subsection (7).
Duties
(9) The Appointments Council shall perform the duties set out in subsection (10) and such other duties as may be assigned to it by the Lieutenant Governor in Council.
Duty to make appointments
(10) The Appointments Council shall appoint,
(a) the members of the Board;
(b) the members of the divisional boards and trade boards; and
(c) the members of the roster of adjudicators.
Reflecting diversity
(11) When carrying out its functions under subsection (10), the Appointments Council shall take into account the importance of reflecting across the governing structure of the College,
(a) Ontario’s English and French linguistic duality;
(b) the diversity of Ontario’s population;
(c) gender balance;
(d) representation from unionized and non-unionized and from large, medium and small business environments; and
(e) the various geographic areas of Ontario named in a Board regulation.
Classification Roster
Composition
63.2 (1) The Classification Roster shall be composed of an associate chair and at least 10 other members appointed by the Lieutenant Governor in Council as follows:
1. The associate chair and at least six other members shall be appointed as representing the public.
2. At least four members shall be appointed from the roster of adjudicators.
Qualification
(2) An individual may not be appointed as a member under paragraph 1 of subsection (1) if he or she,
(a) is a member of the College;
(b) was a member of the College within the preceding year;
(c) works or engages in the practice of a voluntary trade;
(d) worked or was engaged in the practice of a voluntary trade within the preceding year;
(e) has or had an affiliation with a member of the College or with a compulsory trade or a voluntary trade that may bias their decisions;
(f) is or was a member of the governing structure of the College;
(g) is or was a member of the Appointments Council or the old Appointments Council; and
(h) satisfies any other condition prescribed by a Minister’s regulation.
Term of office
(3) The term of office of a member of the Classification Roster shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.
Multiple terms
(4) A member of the Classification Roster may serve for more than one term.
Same
(5) A member of the Classification Roster may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Classification Roster.
Appointment to Board, etc.
(6) A member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, and a former member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, unless at least one year has elapsed since he or she was a member of the Classification Roster.
Remuneration
(7) The associate chair and the other members of the Classification Roster shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.
Duties
(8) The associate chair of the Classification Roster shall,
(a) appoint members of classification panels from among the other members of the Classification Roster; and
(b) ensure that such other duties as may be assigned to the Classification Roster by the Lieutenant Governor in Council are performed and for this purpose may select members of the Classification Roster, including himself or herself, to perform assigned duties.
Classification panels
(9) A classification panel shall determine such matters as are specified in section 63.6.
(2) Subsection 63 (2) of the Act, as re-enacted by subsection (1), is repealed.
(3) Paragraph 3 of subsection 63.1 (5) of the Act, as enacted by subsection (1), is repealed.
15. The Act is amended by adding the following Part:
PART XI.1
SCOPES OF PRACTICE AND COMPULSORY AND VOLUNTARY TRADES
Scope of practice
63.3 (1) The Board shall prescribe a scope of practice for every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act.
Same
(2) A particular practice may be included in more than one trade’s scope of practice.
Policy
(3) The Board shall develop a policy regarding the establishment and review of scopes of practice for trades.
Process, etc.
(4) The policy referred to in subsection (3) shall include,
(a) a process for the establishment and review of scopes of practice; and
(b) provisions relating to building consensus among relevant divisional boards and trade boards in establishing and reviewing scopes of practice.
Available to public
(5) The policy referred to in subsection (3) shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website.
Policy not a regulation
(6) A policy referred to in subsection (3) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.
Factors
(7) When establishing or reviewing the scope of practice for a trade, the Board shall adhere to the policy referred to in subsection (3) and shall consider,
(a) the scope of practice of the trade, if any, and other relevant scopes of practice;
(b) the advice of the relevant divisional boards and trade boards;
(c) the extent to which the scopes of practice of one or more trades overlap and the nature of the overlap;
(d) any exemptions from this Act that are prescribed; and
(e) any other matter that the Board considers relevant.
16. The Act is amended by adding the following sections to Part XI.1:
Classification of a new trade as compulsory or voluntary
Board shall prescribe scope
63.4 (1) For any trade that is prescribed by a Minister’s regulation as a trade for the purposes of this Act on or after the day section 16 of Schedule 17 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force, the Board shall, by a Board regulation, prescribe the scope of practice for the trade within the period, if any, prescribed by a Minister’s regulation.
Board submissions
(2) At the time the Board submits a regulation prescribing the scope of practice for a trade to the Minister for his or her review, the Board may also provide written submissions setting out the Board’s opinion as to whether the trade should be prescribed as a voluntary trade or referred to the Classification Roster for determination of the matters set out in paragraphs 1 and 3 of subsection 63.6 (3).
Minister shall prescribe as voluntary or refer to Classification Roster
(3) Once a Board regulation prescribing the scope of practice for a trade has been made, the Minister shall, after considering any submissions provided by the Board under subsection (2),
(a) make a regulation classifying the trade as a voluntary trade; or
(b) refer the trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 1 and 3 of subsection 63.6 (3).
Other referrals to Roster
Board may refer
63.5 (1) The Board may refer a trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 2 and 3 of subsection 63.6 (3).
Board shall refer
(2) The Board shall refer a trade to the Classification Roster for the purpose of determining the matter set out in paragraph 3 of subsection 63.6 (3) if the trade is a compulsory trade and,
(a) a Minister’s regulation referred to in subsection 63.6 (9) has been made providing that one or more practices within the scope of practice of the compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4; and
(b) after the Minister’s regulation referred to in clause (a) was made, the Board amends the scope of practice of the trade and is of the opinion that any of the new practices should constitute engaging in the practice of the trade for the purposes of sections 2 and 4.
Regulation re referral process
(3) The referral of a trade to the Classification Roster under subsection (1) or (2) shall be in accordance with the process prescribed by a Board regulation, and the Board may not make such a referral until the regulation has been made.
Process before Classification Roster
Appointment of panel
63.6 (1) Once a trade has been referred to the Classification Roster under section 63.4 or 63.5, the associate chair of the Classification Roster shall appoint a classification panel composed of five members in accordance with the following:
1. Three appointees shall be members described in paragraph 1 of subsection 63.2 (1). One such appointee who has adjudication expertise or experience shall be appointed as the chair of the panel.
2. One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employer representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs.
3. One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employee representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs.
Same
(2) The associate chair of the Classification Roster may not be a member of a classification panel and may not appoint a member to a classification panel who,
(a) in the associate chair’s opinion, could have a real or perceived interest in the determination of the classification panel; or
(b) is currently a member of a review panel.
Determinations
(3) The classification panel shall determine the following matters, as applicable:
1. Whether a trade referred to it under section 63.4 should be classified as a voluntary trade or a compulsory trade.
2. Whether a compulsory trade referred to it under section 63.5 should be reclassified as a voluntary trade, or vice versa.
3. Whether or not engaging in any practices within the scope of practice of a compulsory trade, whether or not the practice was referred to the classification panel, should constitute engaging in the practice of the trade for the purposes of sections 2 and 4.
Application of subss. (5) to (9); determination — change
(4) Subsections (5) to (9) apply when the classification panel determines under subsection (3) that,
(a) a trade should be classified as a voluntary trade or a compulsory trade;
(b) a compulsory trade should be reclassified as a voluntary trade, or vice versa;
(c) one or more practices within the scope of practice of a compulsory trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4 and these practices are not currently prescribed as such by a Minister’s regulation referred to in subsection (9); or
(d) one or more practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9), and should no longer be considered as such.
Effective date
(5) The classification panel shall recommend an effective date for the panel’s determination, which is the date on which it recommends that its determination under subsection (3) should take effect, and the Minister may accept this date or set out a different date in a regulation referred to in subsection (9).
Period of repose and transitional issues
(6) The classification panel shall also,
(a) determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the effective date of the panel’s determination of the matter, as set out in a Minister’s regulation, before which the Board may refer the matter again to the Classification Roster; and
(b) determine any transitional issues related to a determination under subsection (3) that are prescribed by a Minister’s regulation.
Implementation period
(7) In addition to the restriction on referral during any period of repose under clause (6) (a), the Board shall not refer the matter determined by the classification panel again to the Classification Roster during the period between the date of the panel’s determination and the effective date set out in a Minister’s regulation.
Report
(8) The classification panel shall report to the Minister on its determinations under subsections (3) and (6) and on its recommendation under subsection (5).
Minister’s regulation
(9) After the Minister receives the report from the classification panel, the Minister shall make a regulation,
(a) implementing the panel’s determinations under subsection (3), the panel’s determination of a period of repose under clause (6) (a), if any, and the panel’s determination of transitional issues under clause (6) (b), if any; and
(b) setting out the effective date for any determination under subsection (3).
Application of subss. (11) to (13); determination — no change
(10) Subsections (11) to (13) apply when the classification panel determines under subsection (3) that,
(a) a compulsory trade should not be reclassified as a voluntary trade, or vice versa; or
(b) no change is needed to the current determination of which practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9).
Period of repose
(11) The classification panel shall also determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the date of the panel’s determination of the matter before which the Board may refer the matter again to the Classification Roster.
Report
(12) The classification panel shall report to the Minister on its determinations under subsections (10) and (11).
Minister’s regulation
(13) After the Minister receives the report from the classification panel, the Minister shall, if the panel determines that there should be a period of repose under subsection (11), make a regulation implementing that determination.
Minister’s regulation re criteria and process
(14) The classification panel may not begin making any determinations under subsection (3) until a Minister’s regulation has been made prescribing the criteria and the process to be used by classification panels in making such determinations.
Risk of harm
(15) In addition to considering any criteria prescribed under subsection (14), a classification panel making a determination under subsection (3) shall consider whether there is a risk of harm to the individual performing the work or engaging in the practice of the trade, to other individuals at or near the site where the trade is being performed or practised, or to the public.
17. (1) Subsection 65 (2) of the Act is repealed and the following substituted:
Conditions for registration
(2) An agreement shall not be registered unless,
(a) the individual who is to receive the training is at least 16 years of age;
(b) the individual who is to receive the training has successfully completed any academic standard prescribed for the trade by a Board regulation; and
(c) the trade has been prescribed by a Minister’s regulation as a voluntary trade or a compulsory trade.
(2) Clause 65 (4) (a) of the Act is amended by striking out “on the day that is one month after the date of registration” at the beginning and substituting “on the 90th day after the date of registration or, if a date is prescribed, on the prescribed date”.
18. (1) Paragraph 2 of subsection 72 (1) of the Act is amended by striking out “63 (10) (e)” at the end and substituting “63.1 (11) (e)”.
(2) Paragraph 9 of subsection 72 (1) of the Act is amended by striking out “providing that the Board or a committee of the Board” at the beginning and substituting “providing that the Board, a committee of the Board or the Registrar”.
(3) Paragraph 21 of subsection 72 (1) of the Act is repealed and the following substituted:
21. governing reviews under section 60, including, without limiting the foregoing, respecting the determination of journeyperson to apprentice ratios and prescribing the criteria and the process to be used in determining the appropriate journeyperson to apprentice ratio for a trade;
21.1 prescribing academic standards for a trade for the purposes of clause 65 (2) (b);
(4) Subsection 72 (1) of the Act is amended by adding the following paragraph:
21.0.1 prescribing the process for referring a trade to the Classification Roster under subsection 63.5 (1) or (2);
(5) Subsection 72 (1) of the Act is amended by adding the following paragraph:
23.1 providing that journeyperson candidates may be deemed to be apprentices for the purposes of sections 60 and 68;
19. (1) Paragraph 12 of subsection 73 (1) of the Act is amended by adding “and section 34.1” after “subsection 30 (1)” in the portion before subparagraph i.
(2) The French version of paragraph 21 of subsection 73 (1) of the Act is amended by striking out “formules” and substituting “formulaires”.
20. (1) Subsection 74 (1) of the Act is amended by adding the following clause:
(d.1) governing the amount of an administrative penalty, including,
(i) providing that the amount of a penalty prescribed for a contravention is increased by a prescribed amount for each subsequent contravention that occurs within a prescribed period,
(ii) providing for penalties in the form of lump sum amounts and of daily amounts, the circumstances in which either or both types of amounts may be required and, in the case of a daily amount, the maximum number of days for which a daily amount may be imposed, and
(iii) providing for a maximum amount of a penalty;
(2) Subsection 74 (2) of the Act is amended by striking out “and the date as of which that Act applies to them” at the end.
(3) Subsection 74 (3) of the Act is amended by adding the following clause:
(b.1) governing administrative penalties for the purposes of section 59.1 and all matters necessary and incidental to the administration of a system of administrative penalties under this Act, other than the amount of a penalty;
(4) Subsection 74 (3) of the Act is amended by adding the following clauses:
(b.2) extending the period referred to in subsection 60 (4) within which the Board shall cause a review to be made of each journeyperson to apprentice ratio that has been prescribed;
(b.3) prescribing conditions for the purposes of clause 63.2 (2) (h);
(b.4) prescribing timelines within which the Board shall make a Board regulation prescribing the scope of practice for a trade;
(5) Subsection 74 (3) of the Act is amended by adding the following clauses:
(b.5) classifying a trade as a voluntary trade under clause 63.4 (3) (a);
(b.6) prescribing the criteria and the process to be used by classification panels in making determinations under subsection 63.6 (3), (6) or (11);
(b.7) prescribing transitional issues related to a determination under subsection 63.6 (3) that a classification panel shall determine under clause 63.6 (6) (b);
(b.8) implementing any determinations made by a classification panel under subsection 63.6 (3) respecting,
(i) the classification of a trade as a voluntary trade or a compulsory trade,
(ii) the reclassification of a compulsory trade as a voluntary trade, or vice versa, and
(iii) whether engaging in certain practices within the scope of practice of a compulsory trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4;
(b.9) implementing any determinations made by a classification panel under clause 63.6 (6) (a) or subsection 63.6 (11) respecting the period of repose, if any, that should apply in respect of a matter determined by the panel under subsection 63.6 (3);
(b.10) implementing any determinations of transitional issues made by a classification panel under clause 63.6 (6) (b);
(b.11) setting out an effective date as the date on which a determination made by a classification panel under subsection 63.6 (3) shall take effect;
(b.12) providing for continuity of classification panels where, before a matter that is before a classification panel is concluded, a member of the panel resigns or is unable or unwilling to continue to serve on the panel, or the appointment of a member expires or is terminated;
(6) Clause 74 (3) (e) of the Act is amended by adding “and prescribing a date, for the purposes of clause 65 (4) (a), on which a registered training agreement is cancelled” at the end.
(7) Clause 74 (3) (i) of the Act is amended by adding “or amendments to this Act” at the end.
21. Subsection 78 (2) of the Act is amended by striking out “a member of the Appointments Council, the Board” and substituting “the chair of or members of either branch of the Appointments Council and Classification Roster, a member of the Board”.
22. Section 87 of the Act is repealed and the following substituted:
Review by Minister
87. (1) The Minister shall initiate a review of this Act and the regulations made under it, or portions of the Act and regulations, within two years after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
Same
(2) The Minister shall,
(a) inform the public when a review under this section begins; and
(b) make a written report respecting the review available to the public.
23. The Act is amended by adding the following sections after the heading to Part XV:
Classification review panels
87.1 Any review by a review panel on the classification of a trade as a compulsory trade or a voluntary trade that has not been concluded before the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent shall terminate on that day.
Classification
87.2 Every trade that was classified as compulsory or voluntary under the Act, as it read immediately before the Building Ontario Up for Everyone Act (Budget Measures), 2016 received Royal Assent, shall be deemed to be prescribed by a Minister’s regulation as a compulsory trade or voluntary trade, as the case may be, until such time as it may be reclassified under section 63.6.
24. The following provisions of the Act are repealed:
1. Sections 88 and 89.
2. Subsections 90 (2), (3) and (4).
3. Sections 91, 92 and 93.
4. Section 95.
5. Section 102.
25. The definitions of “apprentice” and “registered training agreement” in subsection 9 (1) of the Infrastructure for Jobs and Prosperity Act, 2015 are repealed and the following substituted:
“apprentice” means an individual who, under the Ontario College of Trades and Apprenticeship Act, 2009, has entered into a registered training agreement under which the individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the Ontario College of Trades; (“apprenti”)
“registered training agreement” means an agreement registered under section 65 of the Ontario College of Trades and Apprenticeship Act, 2009 under which an individual is receiving or is to receive training in a trade required as part of an apprenticeship program established by the Ontario College of Trades; (“contrat d’apprentissage enregistré”)
26. Ontario Regulation 279/11 is revoked.
27. Schedule 70.4 to Regulation 950 of the Revised Regulations of Ontario, 1990 (Proceedings Commenced by Certificate of Offence) made under the Provincial Offences Act is revoked.
Commencement
28. (1) Subject to subsections (2) to (6), this Schedule comes into force on the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
(2) Section 3 comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010comes into force and the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
(3) Subsection 14 (2) comes into force three years after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
(4) Subsection 14 (3) comes into force one year after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.
(5) Subsection 1 (3), section 2, subsection 6 (3), sections 11 and 16 and subsections 18 (4), 20 (1), (3) and (5) come into force on a day to be named by proclamation of the Lieutenant Governor.
(6) Section 27 comes into force 180 days after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016 receives Royal Assent.