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Ontario College of Trades and Apprenticeship Act, 2009

ONTARIO REGULATION 458/11

REVIEWS UNDER PART IX OF THE ACT

Consolidation Period: From July 25, 2014 to the e-Laws currency date.

Last amendment: O. Reg. 145/14.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

“journeyperson” has the same meaning as in subsection 60 (6) of the Act.  O. Reg. 458/11, s. 1.

Reviews of the classifications of trades

2.  (1) The Board shall initiate a review by a review panel in determining whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade,

(a) on the request of the trade board for the trade, subject to subsection (2); or

(b) on the request of the divisional board for the sector to which the trade belongs, where there is no trade board for the trade.  O. Reg. 458/11, s. 2 (1).

(2) Before a trade board makes a request for a review under subsection (1), the trade board shall notify the divisional board for the sector to which the trade belongs of its intention to make the request.  O. Reg. 458/11, s. 2 (2).

(3) After receiving a request for a review, the Board shall, as soon as practicable after receiving the request, post the information on the request on the College’s website.  O. Reg. 458/11, s. 2 (3).

(4) Within 60 days after receiving a request for a review, or as soon thereafter as is practicable,

(a) the Board shall establish a review panel under subsection 21 (1) of the Act; and

(b) a review panel shall be appointed under subsection 21 (4) of the Act.  O. Reg. 458/11, s. 2 (4); O. Reg. 145/14, s. 1.

(5) The Board shall post the information concerning the review, along with the names of the members of the review panel, on the College’s website, where the Board,

(a) causes a review in determining whether a trade should be classified as a compulsory trade or voluntary trade to be made by a review panel; or

(b) causes a review in determining whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade to be made by a review panel.  O. Reg. 458/11, s. 2 (5).

(6) Pursuant to clause 61 (3) (b) of the Act, a review panel shall use the following criteria and process in determining whether a trade should be classified as a compulsory trade or voluntary trade and in determining whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade:

1. A review panel shall invite written submissions on whether a trade should be classified as a compulsory trade or voluntary trade or whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade and any person may respond to the invitation.  The written submissions must be submitted by a date established by the review panel.

2. The Board shall post, on the College’s website,

i. the invitation for written submissions under paragraph 1, and

ii. any written submissions submitted to the review panel by the established date.

3. The review panel shall not conduct consultations until after the written submissions have been posted on the College’s website.

4. The review panel shall invite all persons who submitted written submissions by the established date to attend at a consultation to make oral submissions.  The review panel shall hear oral submissions solely from persons who submitted written submissions.

5. The Board and any divisional board for a sector are prohibited from making written submissions under paragraph 1.  Individual members of the Board or of any divisional board for a sector are similarly prohibited from making written submissions under paragraph 1.

6. A review panel shall determine whether a trade should be classified as a compulsory trade or voluntary trade or whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade solely on the basis of the written submissions and oral submissions made in accordance with this subsection.

7. A review panel shall review the written submissions and the oral submissions against the following criteria in determining whether a trade should be classified or reclassified as a compulsory trade or voluntary trade:

i. The scope of practice of the trade.

ii. How the classification or reclassification of the trade may affect the health and safety of apprentices and journeypersons working in the trade and the public who may be affected by the work.

iii. The effect, if any, of the classification or reclassification of the trade on the environment.

iv. The economic impact of the classification or reclassification of the trade on apprentices, journeypersons, employers and employer associations and, where applicable, on trade unions, employee associations, apprentice training providers and the public.

v. The classification of similar trades in other jurisdictions.

vi. The supply of, and demand for, journeypersons in the trade and in the labour market generally.

vii. The attraction and retention of apprentices and journeypersons in the trade.  O. Reg. 458/11, s. 2 (6).

(7) Subject to subsection (8), a review panel shall report its decision on whether a trade should be classified as a compulsory trade or voluntary trade or whether a compulsory trade should be reclassified as a voluntary trade or a voluntary trade should be reclassified as a compulsory trade to the Board within 120 days after the appointment of the members of the review panel under subsection 21 (4) of the Act.  O. Reg. 458/11, s. 2 (7).

(8) The Board, on the request of the review panel, may grant an extension of the period of time within which the review panel must report its decision; the review panel shall report its decision within the extended period granted by the Board.  O. Reg. 458/11, s. 2 (8).

(9) The Board shall post the report of the review panel on the College’s website or make it available through a hyperlink at the College’s website.  O. Reg. 458/11, s. 2 (9).

(10) For purposes of clause 61 (3) (c) of the Act, the maximum period of time that may be provided for by a review panel as a period of repose is four years.  O. Reg. 458/11, s. 2 (10).

Ratios of apprentices to journeypersons

3. (1) Where the Board causes a review of a journeyperson to apprentice ratio to be made by a review panel pursuant to subsection 60 (3) or (4) of the Act, the Board shall,

(a) post this information on the College’s website, as soon as practicable after doing so; and

(b) post the names of the members of the review panel on the College’s website after they have been appointed.  O. Reg. 458/11, s. 3 (1).

(2) Pursuant to subsection 60 (2) of the Act, a review panel shall use the following criteria and process in determining the appropriate journeyperson to apprentice ratio for a trade:

1. A review panel shall invite written submissions on the appropriate journeyperson to apprentice ratio for a trade and any person may respond to the invitation.  The written submissions must be submitted by a date established by the review panel.

2. The Board shall post, on the College’s website,

i. the invitation for written submissions under paragraph 1, and

ii. any written submissions submitted to the review panel by the established date. 

3. The review panel shall not conduct consultations until after the written submissions have been posted on the College’s website.

4. The review panel shall invite all persons who submitted written submissions by the established date to attend at a consultation to make oral submissions.  The review panel shall hear oral submissions solely from persons who submitted written submissions.

5. The Board and any divisional board for a sector are prohibited from making written submissions under paragraph 1.  Individual members of the Board or of any divisional board for a sector are similarly prohibited from making written submissions under paragraph 1. 

6. A review panel shall determine the appropriate journeyperson to apprentice ratio for a trade solely on the basis of the written submissions and oral submissions made in accordance with this subsection.

7. A review panel shall review the written submissions and the oral submissions against the following criteria in determining the appropriate journeyperson to apprentice ratio for a trade:

i. The scope of practice of the trade.

ii. The apprenticeship program established by the College.

iii. How the journeyperson to apprentice ratio for the trade may affect the health and safety of apprentices and journeypersons working in the trade and the public who may be affected by the work.

iv. The effect, if any, of the journeyperson to apprentice ratio of the trade on the environment.

v. The economic impact of the journeyperson to apprentice ratio of the trade on apprentices, journeypersons, employers and employer associations and, where applicable, on trade unions, employee associations, apprentice training providers and the public.

vi. The number of apprentices and journeypersons working in the trade.

vii. The rates of completion for apprentices in an apprentice training program for the trade.

viii. The journeyperson to apprentice ratio, if any, for a similar trade in other jurisdictions.

ix. The supply of, and demand for, journeypersons in the trade and in the labour market generally.

x. The attraction and retention of apprentices and journeypersons in the trade.

xi. The average age of apprentices and journeypersons in the trade and the projected attrition of journeypersons working in the trade.  O. Reg. 458/11, s. 3 (2).

(3) Subject to subsection (4), a review panel shall report its decision on the appropriate journeyperson to apprentice ratio for a trade to the Board within 120 days after the appointment of the members of the review panel under subsection 21 (4) of the Act.  O. Reg. 458/11, s. 3 (3).

(4) The Board, on the request of the review panel, may grant an extension of the period of time within which the review panel must report its decision; the review panel shall report its decision within the extended period granted by the Board.  O. Reg. 458/11, s. 3 (4).

(5) The Board shall post the report of the review panel on the College’s website or make it available through a hyperlink at the College’s website.  O. Reg. 458/11, s. 3 (5).

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 458/11, s. 4.

 

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