O. Reg. 312/18: REFERRAL OF A TRADE TO THE CLASSIFICATION ROSTER

Ontario College of Trades and Apprenticeship Act, 2009

ONTARIO REGULATION 312/18

REFERRAL OF A TRADE TO THE CLASSIFICATION ROSTER

Historical version for the period July 1, 2018 to January 28, 2019.

Last amendment: 312/18.

Legislative History: 312/18.

This is the English version of a bilingual regulation.

Referral of a voluntary trade for reclassification

1. (1) This section sets out the process that shall apply to a referral of a trade to the Classification Roster under subsection 63.5 (1) of the Act for a determination under paragraph 2 of subsection 63.6 (3) of the Act as to whether a voluntary trade should be reclassified as a compulsory trade.

(2) The trade board for a trade may submit a request for referral described in subsection (1) on the form published on the College’s website,

(a) to the divisional board for the sector to which the trade belongs; or

(b) if the current members of the divisional board do not, because of vacancies, constitute a quorum as established in the by-laws, to the Board.

(3) Upon receiving a referral request under subsection (2), the divisional board or the Board shall,

(a) within 10 days after receiving the request, or as soon as practicable, notify all divisional boards and trade boards in writing of the request; and

(b) within 25 days after receiving the request, determine whether the request is complete.

(4) If the divisional board or Board determines under clause (3) (b) that the referral request is incomplete, it shall notify the trade board in writing and identify any incomplete elements within 15 days after making the determination.

(5) A trade board that receives notice of an incomplete referral request may submit a new request, in which case the process described in subsections (2) to (4) apply.

(6) If the divisional board determines under clause (3) (b) that the referral request is complete, it shall forward the request to the Board within 10 days after making the determination, or as soon as practicable.

(7) If the Board determines under clause (3) (b) that the referral request is complete, or if it receives a request from the divisional board under subsection (6), the Board shall,

(a) within 10 days after making the determination or receiving the request, or as soon as practicable, post notice of the request on the College’s website; and

(b) within 45 days after making the determination or receiving the request,

(i) review the request,

(ii) decide whether to refer the trade to the Classification Roster, and

(iii) notify all trade boards and divisional boards in writing of its decision whether or not to refer the trade to the Classification Roster.

(8) Within 10 days after deciding whether or not to refer the trade to the Classification Roster, or as soon as practicable, the Board shall,

(a) post a notice of its decision on the College’s website; and

(b) if it decided to refer the trade, make the referral, forward the referral request to the Classification Roster and post notice of the referral on the College’s website.

(9) A trade board that has made a referral request under this section may withdraw the request at any time before the Board has referred the trade to the Classification Roster, on the form published on the College’s website.

(10) The Board shall, within 10 days after a withdrawal, or as soon as practicable, notify all trade boards and divisional boards in writing of the withdrawal.

Referral of a compulsory trade

2. (1) This section sets out the process that shall apply to a referral of a trade to the Classification Roster under subsection 63.5 (1) of the Act for,

(a) a determination under paragraph 2 of subsection 63.6 (3) of the Act as to whether a compulsory trade should be reclassified as a voluntary trade; and

(b) a determination under paragraph 3 of subsection 63.6 (3) of the Act as to whether or not engaging in any 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 of the Act.

(2) If a trade’s scope of practice is reviewed under the Board’s policy regarding the establishment and review of scopes of practice for trades, the trade board for the trade, within the timelines specified in subsection (3), may submit a request for a referral described in subsection (1) on the form published on the College’s website,

(a) to the divisional board for the sector to which the trade belongs; or

(b) if the current members of the divisional board do not, because of vacancies, constitute a quorum as established in the by-laws, to the Board.

(3) The request under subsection (2) must be made,

(a) if, after the scope of practice was reviewed, no change to the scope of practice is made, within one year after the completion of the review; and

(b) if, after the scope of practice was reviewed, a Board regulation is made prescribing changes to the scope of practice, within one year after the changes come into force.

(4) Upon receiving a referral request under subsection (2), the divisional board or the Board shall,

(a) within 10 days after receiving the request, or as soon as practicable, notify all divisional boards and trade boards in writing of the request; and

(b) within 85 days after receiving the request, determine whether the request is complete.

(5) If the divisional board or Board determines under clause (4) (b) that the referral request is incomplete, it shall notify the trade board in writing and identify any incomplete elements within 15 days after making the determination.

(6) A trade board that receives notice of an incomplete referral request may submit a new request, in which case the process described in subsections (2) to (5) apply.

(7) If the divisional board determines under clause (4) (b) that the referral request is complete,

(a) it may, within the 85 days specified in clause (4) (b), develop a recommendation for the Board as to whether or not the Board should refer the trade to the Classification Roster and may, in doing so, consult such persons as it considers appropriate; and

(b) it shall forward the request, along with any recommendation developed under clause (a), to the Board within 10 days after making the determination under clause (4) (b), or as soon as practicable.

(8) If the Board determines under clause (4) (b) that the referral request is complete, or if it receives a request from the divisional board under subsection (7), the Board shall,

(a) within 10 days after making the determination or receiving the request, or as soon as practicable, post notice of the request on the College’s website; and

(b) within 45 days after making the determination or receiving the request,

(i) review the request and the divisional board recommendation, if any,

(ii) decide whether to refer the trade to the Classification Roster, and

(iii) notify all trade boards and divisional boards in writing of its decision whether or not to refer the trade to the Classification Roster.

(9) Within 10 days after deciding whether or not to refer the trade to the Classification Roster, or as soon as practicable, the Board shall,

(a) post a notice of its decision and any recommendation made by the divisional board respecting the referral on the College’s website; and

(b) if it decided to refer the trade, make the referral, forward the referral request to the Classification Roster and post notice of the referral on the College’s website

(10) A trade board that has made a referral request under this section may withdraw the request at any time before the Board has referred the trade to the Classification Roster, on the form published on the College’s website.

(11) The Board shall, within 10 days after a withdrawal, or as soon as practicable, notify all trade boards and divisional boards in writing of the withdrawal.

Referral process under s. 63.5 (2) of the Act, engaging in the practice of a trade

3. (1) This section sets out the process that shall apply to a referral of a compulsory trade to the Classification Roster under subsection 63.5 (2) of the Act.

(2) If the conditions described in clauses 63.5 (2) (a) and (b) of the Act are satisfied, the Board shall, within 45 days after satisfying the condition described in clause 63.5 (2) (b),

(a) post a notice on the College’s website that,

(i) it has formed the opinion that new practices within the scope of practice of the trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4 of the Act, and,

(ii) the trade is being referred to the Classification Roster for a determination under paragraph 3 of subsection 63.6 (3) of the Act; and

(b) refer the trade to the Classification Roster.

(3) In making the referral, the Board may provide the Classification Roster with any information or materials that it considers relevant, including the reasons it is of the opinion that new practices within the scope of practice of the trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4 of the Act.

Referrals during transitional period

4. (1) In this section,

“transitional period” means the period that begins on the day this section comes into force and ends on January 28, 2019.

(2) Despite sections 1 to 3, the Board shall not make a referral to the Classification Roster during the transitional period except in accordance with this section and in respect of the following trades:

1. Construction millwright.

2. Construction boilermaker.

3. Hazardous materials worker.

4. Powerline technician.

5. General carpenter.

6. Drywall, acoustic and lathing applicator.

7. Heavy duty equipment technician.

8. Instrumentation and control technician.

9. Concrete pump operator.

10. Powered lift truck technician.

(3) A trade board for a trade listed in subsection (2) may, on or before January 7, 2019, on the form published on the College’s website, submit a request to the Board for a referral of the trade to the Classification Roster for a determination under paragraph 2 of subsection 63.6 (3) of the Act as to whether the voluntary trade should be reclassified as a compulsory trade.

(4) Upon receiving a referral request, the Board shall,

(a) on or after January 8, 2019 but on or before January 28, 2019, post notice of the request on the College’s website and notify all divisional boards and trade boards in writing of the request;

(b) on or before January 28, 2019, review the request and decide whether to refer the trade to the Classification Roster; and

(c) on or after January 8, 2019 but on or before January 28, 2019, notify all trade boards and divisional boards in writing of its decision whether or not to refer the trade to the Classification Roster and post a notice of its decision on the College’s website.

(5) The Board shall make all referrals under this section on January 28, 2019.

(6) If the Board decides to refer more than one trade to the Classification Roster under this section, it shall refer the relevant trades in the order in which they are listed in subsection (2).

(7) On January 28, 2019, the Board shall post a notice on the College’s website of the referrals made to the Classification Roster under this section and the order in which they were made.

Note: On January 29, 2019, section 4 of the Regulation is revoked. (See: O. Reg. 312/18, s. 5)

5. Omitted (provides for amendments to this Regulation).

6. Omitted (provides for coming into force of provisions of this Regulation).