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Building Opportunities in the Skilled Trades Act, 2021

ONTARIO REGULATION 877/21

GENERAL

Consolidation Period:  From January 1, 2022 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Ratios, Certificates, Apprenticeship and Other Matters

Ratios

1. (1) An individual shall not be included in calculating the journeyperson to apprentice ratio if the individual is an apprentice receiving training and work experience in the trade while participating in,

(a) the Ontario Youth Apprenticeship Program;

(b) a program approved by the Minister that is similar to the Ontario Youth Apprenticeship Program and operated under the supervision of,

(i) a board as defined in subsection 1 (1) of the Education Act, or

(ii) a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada); or

(c) a pre-apprenticeship program approved by the Minister.

(2) Where the person who employs an apprentice in a trade is a journeyperson in the trade, that person is considered the first journeyperson for the purpose of calculating the journeyperson to apprentice ratio.

(3) An individual who holds a provisional certificate of qualification in a trade that is not suspended is deemed to be an apprentice for the purpose of calculating the journeyperson to apprentice ratio.

Proof of certificate

2. The following documents constitute proof of certification for the purposes of subsection 9 (1) of the Act and proof of apprenticeship for the purposes of subsection 9 (2) of the Act:

1. A document issued by Skilled Trades Ontario confirming that the individual holds a certificate of qualification or provisional certificate of qualification, including proof of payment for the renewal of a certificate and any form of temporary proof of certification status issued by Skilled Trades Ontario.

2. A document issued by the Ministry confirming that the individual is a party to a registered training agreement, including a document issued by the Ministry under the Ontario College of Trades and Apprenticeship Act, 2009 that constituted proof of apprenticeship under that Act.

3. A certificate of qualification or statement of membership issued under the Ontario College of Trades and Apprenticeship Act, 2009 that is deemed by subsection 13 (1) or (3) to be a certificate under the Building Opportunities in the Skilled Trades Act, 2021.

4. A registered training agreement under the Ontario College of Trades and Apprenticeship Act, 2009 that is deemed by section 15 to be a registered training agreement under the Building Opportunities in the Skilled Trades Act, 2021.

5. A statement of membership or wallet identification card that was deemed to be valid by the Ontario College of Trades.

Term of certificate

3. The term for a certificate of qualification in a compulsory trade issued under subsection 10 (2) of the Act or renewed under subsection 10 (4) of the Act is one year.

Extension of term

4. (1) The Registrar may grant an extension of the term of a provisional certificate of qualification held by an individual if the Registrar is satisfied that there are extenuating circumstances outside the individual’s control preventing them from scheduling or writing the certifying examination in the trade in which they hold the relevant provisional certificate of qualification.

(2) For the purposes of subsection (1), extenuating circumstances include, without limitation,

(a) the existence of any barrier within the meaning of the Accessibility for Ontarians with Disabilities Act, 2005; and

(b) circumstances where the certifying examinations cannot be administered for technical or operational reasons.

Training agreements

5. The following academic standards are prescribed for the purposes of registration of a training agreement under subsection 15 (1) of the Act:

1. The individual who is to receive the training has successfully completed Grade 12 in Ontario or has successfully completed an academic standard that the Minister considers equivalent to Grade 12.

2. If the training agreement relates to a trade set out in Column 1 of the Table, the individual who is to receive the training has successfully completed the grade in Ontario set out in Column 2 opposite the trade, or has successfully completed an academic standard that the Minister considers equivalent to that grade.

Table

Item

Column 1
Trade

Column 2
Grade

1.

Architectural Glass and Metal Technician

10

2.

Assistant Cook

10

3.

Auto Body Repairer

10

4.

Brick and Stone Mason

10

5.

Cement (Concrete) Finisher

10

6.

Construction Boilermaker

10

7.

Construction Craft Worker

10

8.

Construction Millwright

10

9.

Drywall, Acoustic and Lathing Applicator

10

10.

Drywall Finisher and Plasterer

10

11.

Electrician — Construction and Maintenance

10

12.

Electrician — Domestic and Rural

10

13.

Floor Covering Installer

10

14.

General Carpenter

10

15.

Hazardous Materials Worker

10

16.

Heat and Frost Insulator

10

17.

Hoisting Engineer — Mobile Crane Operator 1

10

18.

Hoisting Engineer — Mobile Crane Operator 2

10

19.

Hoisting Engineer — Tower Crane Operator

10

20.

Ironworker — Generalist

10

21.

Ironworker — Structural and Ornamental

10

22.

Painter and Decorator — Commercial and Residential

10

23.

Painter and Decorator — Industrial

10

24.

Plumber

10

25.

Powerline Technician

10

26.

Precast Concrete Erector

10

27.

Precast Concrete Finisher

10

28.

Refrigeration and Air Conditioning Systems Mechanic

10

29.

Reinforcing Rodworker

10

30.

Residential Air Conditioning Systems Mechanic

10

31.

Residential (Low Rise) Sheet Metal Installer

10

32.

Restoration Mason

10

33.

Roofer

10

34.

Sheet Metal Worker

10

35.

Sprinkler and Fire Protection Installer

10

36.

Steamfitter

10

37.

Terrazzo, Tile and Marble Setter

10

38.

Tractor-Trailer Commercial Driver

10

 

Register

6. Despite section 47 of the Act, the Registrar shall not include in the public register information concerning an individual who is receiving training and work experience in a trade while participating in a program described in clause 1 (1) (a), (b) or (c).

Compliance and Enforcement

Compliance and enforcement framework

7. (1) An inspector appointed under section 20 of the Act shall take into consideration the following factors when determining compliance:

1. The compliance history of the person who did not comply with or who contravened the Act or the regulations.

2. The nature and circumstances of the non-compliance or contravention.

3. Whether the contravention is a hazard that may result in endangerment to a person’s safety.

(2) Nothing in subsection (1) prevents an inspector, in the course of exercising their powers or duties under the Act or the regulations, from considering any other factor that may be relevant in the circumstances or any policies and procedures material that may be prepared by the Ministry.

(3) Where an inspector finds that a person did not comply with or contravened the Act or the regulations, the inspector may take one or more of the following measures:

1. Provide educational materials to the person regarding the Act and its regulations.

2. Provide or identify resources to enable the person to come into compliance.

3. Issue a compliance order or written demand to the person.

4. Issue a notice of contravention to the person.

(4) The measures shall be selected in consideration of the factors mentioned under subsection (1) and may only be taken in accordance with the Act and the regulations.

Notices of contravention

8. (1) The Minister may publish particulars of notices of contravention issued under subsection 27 (1) of the Act as follows:

1. If the deadline to apply to the Ontario Labour Relations Board under subsection 28 (1) of the Act for a review of a notice of contravention has expired and no review has been applied for, the Minister may publish the particulars of the notice within three months after the day on which the deadline expired.

2. If a review of a notice of contravention has been applied for and, upon a review, the Ontario Labour Relations Board does not rescind the notice, the Minister may publish the particulars of the notice within three months after the day on which the Board completed the review.

(2) The particulars of a notice of contravention that is published shall include,

(a) a summary of the contravention;

(b) the date on which the notice of contravention was issued;

(c) the location at which the notice of contravention was issued;

(d) the amount of the administrative penalty set out in the notice; and

(e) whether the person to whom the notice of contravention was issued has been issued other notices, except for any notice rescinded by the Ontario Labour Relations Board under clause 29 (1) (b) of the Act in the three years preceding the date on which the notice was issued.

(3) Any particulars that are published shall be published for a period of at least two years.

Exemptions

Practice of compulsory trade

9. (1) The following individuals are exempt from section 6 of the Act:

1. An individual who is receiving training and work experience in a compulsory trade while participating in a program described in clause 1 (1) (a), (b) or (c).

2. An individual who is permanently employed in an industrial plant, while performing work entirely within the plant and premises or on the land appertaining to them, except work performed in the maintenance and repair of motor vehicles, trailers or conversion units registered for use on a highway under the Highway Traffic Act.

3. An individual who holds a valid equivalent certificate of qualification issued by the Province of Quebec, or is registered as an apprentice in the Province of Quebec, in one of the following trades while engaging in the practice of the trade in Ontario:

i. Electrician — Construction and Maintenance.

ii. Hoisting Engineer — Mobile Crane Operator 1.

iii. Plumber.

iv. Refrigeration and Air Conditioning Systems Mechanic.

v. Sheet Metal Worker.

vi. Sprinkler and Fire Protection Installer.

vii. Steamfitter.

4. An individual while removing or replacing wheels and rims on motor coaches, heavy trucks or truck-trailers, if the individual has successfully completed a course of study approved by the Minister on the removal and replacement of wheels and rims.

5. An individual who is the driver of a heavy truck or truck-trailer, while inspecting or adjusting the air chamber push rod stroke, commonly known as the air brake adjustment (commercial vehicle), of the truck or truck-trailer’s air braking system if,

i. the driver holds a valid Ontario Class A or D driver’s licence with an air brake endorsement issued under the Highway Traffic Act and has successfully completed a course of study approved by the Minister on the inspection and adjustment of the air chamber push rod stroke of an air braking system, or

ii. the driver holds a valid driver’s licence issued by another province or territory of Canada or by a state of the United States of America and is authorized, in that province, territory or state, to inspect and adjust the air braking system’s air chamber push rod stroke.

6. An individual, while installing, removing, maintaining and testing water meters that have an inlet and outlet of 25 millimetres or less, if the individual has successfully completed a training program approved by the Minister on the installation, removal, maintenance and testing of water meters.

(2) For the purposes of paragraph 4 of subsection (1), an individual is deemed to have successfully completed a course of study referred to in that paragraph if the individual,

(a) holds a certificate issued by the Minister pursuant to section 66 of the Ontario College of Trades and Apprenticeship Act, 2009 in the trade of tire, wheel and rim mechanic; or

(b) held a certificate of qualification in the trade of tire, wheel and rim mechanic on June 30, 2019 under the Ontario College of Trades and Apprenticeship Act, 2009.

Out-of-province authorizing certificates

10. (1) An individual who holds an authorizing certificate for a trade granted by an out-of-province Canadian regulatory authority or who holds a Quebec authorizing certificate for the trade is exempt from the requirement in clause 10 (2) (b) of the Act to achieve a grade satisfactory to the Registrar on the certifying examination for the trade.

(2) In this section,

“authorizing certificate”, in relation to the practice of a trade, means an authorizing certificate as defined in subsection 2 (1) of the Ontario Labour Mobility Act, 2009; (“certificat d’autorisation”)

“out-of-province regulatory authority” means a body or individual that is authorized under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario, to grant an authorizing certificate; (“autorité de réglementation extraprovinciale”)

“Quebec authorizing certificate”, in relation to the practice of a trade listed in Column 3 or 4 of Table 1, means a certificate, licence, registration, or other form of official recognition, granted by the Province of Quebec to an individual, which attests to the individual being qualified to practice the equivalent trade listed opposite to it in Column 1 or 2 of Table 1; (“certificat d’autorisation du Québec”)

Table 1
Equivalent trade certification (Ontario — Quebec)

Item

Column 1
Quebec Trade Name in French

Column 2
Quebec Trade Name in English

Column 3
Ontario Trade Name in English

Column 4
Ontario Trade Name in French

1.

Monteur-mécanicien (vitrier)

Erector-mechanic (glazier)

Architectural glass and metal technician

Technicien du verre et du métal architecturaux

2.

Briqueteur-maçon

Bricklayer-mason

Brick and stone mason

Briqueteur-maçon

3.

Chaudronnier

Boilermaker

Construction boilermaker

Chaudronnier de construction

4.

Mécanicien de chantier

Millwright

Construction Millwright

Mécanicien-monteur de construction

5.

Poseur de systèmes intérieurs

Interior systems installer

Drywall, acoustic and lathing applicator

Poseur de panneaux muraux secs, de carreaux acoustiques et de lattes

6.

Plâtrier

Plasterer

Drywall finisher and plasterer

Jointoyeur et plâtrier

7.

Poseur de revêtements souples

Resilient flooring layer

Floor covering installer

Installateur de revêtements de sol

8.

Charpentier-menuisier

Carpenter-joiner

General carpenter

Charpentier-menuisier général

9.

Mécanicien de machines lourdes

Heavy equipment mechanic

Heavy duty equipment technician

Technicien d'équipement lourd

10.

Monteur d’acier de structure

Structural steel erector

Ironworker — Generalist

Monteur de charpentes métalliques (généraliste)

11.

Serrurier de bâtiment

Ornamental ironworker

Ironworker — Structural and Ornamental

Monteur de charpentes métalliques (structurales et ornementales)

12.

Peintre

Painter

Painter and Decorator —Commercial and Residential

Peintre-décorateur (secteurs commercial et résidentiel)

13.

Ferrailleur

Reinforced steel erector

Reinforcing Rodworker

Monteur de barres d’armature

14.

Couvreur

Roofer

Roofer

Couvreur

15.

Carreleur

Tile setter

Terrazzo, tile and marble setter

Poseur de carrelage

 

Barbers

11. An individual who, on March 26, 2013, held a valid certificate of qualification in the trade of barber under the Apprenticeship and Certification Act, 1998 is exempt from the requirements in clauses 10 (2) (c) and 10 (4) (a) of the Building Opportunities in the Skilled Trades Act, 2021 to pay fees with respect to an application for a certificate of qualification in the trade of hairstylist.

Registered training agreements

12. An individual described as follows who applies to register a training agreement under subsection 15 (1) of the Act is exempt from the requirements set out in clauses 15 (1) (a) and (b) of the Act and the requirement to pay a fee under clause 15 (1) (c) of the Act:

1. The individual is enrolled in a secondary school program leading to an Ontario Secondary School Diploma.

2. The individual is receiving training and work experience in a trade while participating in a program described in clause 1 (1) (a) or (b).

Transitional Matters

Certificates of qualification

13. (1) A certificate of qualification that was issued or deemed to be issued under the Ontario College of Trades and Apprenticeship Act, 2009 in a trade and that was valid immediately before the day section 10 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be a certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021 in that trade.

(2) A certificate of qualification referred to in subsection (1) shall,

(a) if the certificate was issued in a compulsory trade, expire on the same date that it would have expired under the Ontario College of Trades and Apprenticeship Act, 2009, unless the expiry date is extended under subsection 10 (3) of the Building Opportunities in the Skilled Trades Act, 2021 or the certificate is renewed under subsection 10 (4) of that Act; and

(b) be subject to the same terms, conditions and limitations as it was subject to under subsections 37 (6) and 46 (4) of the Ontario College of Trades and Apprenticeship Act, 2009, unless they are amended by the Registrar under subsection 11 (3) of the Building Opportunities in the Skilled Trades Act, 2021.

(3) A statement of membership in the journeyperson candidates class that was issued under the Ontario College of Trades and Apprenticeship Act, 2009 in a trade and that was valid immediately before the day section 17 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be a provisional certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021 in that trade.

(4) A provisional certificate of qualification referred to in subsection (3) shall expire as follows:

1. If the statement of membership under the Ontario College of Trades and Apprenticeship Act, 2009 would have expired on or after the day this Regulation comes into force but before July 31, 2022, the provisional certificate of qualification shall expire on July 31, 2022.

2. If the statement of membership under the Ontario College of Trades and Apprenticeship Act, 2009 would have expired after July 31, 2022, the provisional certificate of qualification shall expire on the date the statement of membership would have expired.

3. Paragraphs 1 and 2 do not apply if the term of the certificate is extended under subsection 17 (3) of the Building Opportunities in the Skilled Trades Act, 2021.

Certificates of apprenticeship

14. A certificate of completion that was issued or deemed to be issued under the Ontario College of Trades and Apprenticeship Act, 2009 in a trade and that was valid immediately before the day section 16 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be a certificate of apprenticeship issued under the Building Opportunities in the Skilled Trades Act, 2021 in that trade.

Registered training agreements

15. (1) A registered training agreement under the Ontario College of Trades and Apprenticeship Act, 2009 that was valid immediately before the day section 15 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be a registered training agreement under the Building Opportunities in the Skilled Trades Act, 2021.

(2) A registered training agreement under the Ontario College of Trades and Apprenticeship Act, 2009 that was a suspended agreement under that Act immediately before the day section 15 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be a suspended agreement under the Building Opportunities in the Skilled Trades Act, 2021.

(3) A registered training agreement under the Ontario College of Trades and Apprenticeship Act, 2009 that was a cancelled agreement under that Act immediately before the day section 15 of the Building Opportunities in the Skilled Trades Act, 2021 came into force is deemed on that day to be revoked under the Building Opportunities in the Skilled Trades Act, 2021.

Committee matters

16. (1) Matters before the Discipline Committee under the Ontario College of Trades and Apprenticeship Act, 2009, other than professional misconduct matters, that were outstanding immediately before the day subsection 38 (1) of the Building Opportunities in the Skilled Trades Act, 2021 came into force shall be continued under the Building Opportunities in the Skilled Trades Act, 2021.

(2) The Coordinator of Assessments and Hearings shall develop a process to address matters under subsection (1), subject to any requirements under the Act or the regulations relating to hearings.

Administrative penalties

17. A notice of contravention issued under Part VIII.1 of the Ontario College of Trades and Apprenticeship Act, 2009 for which all or part of the administrative penalty is unpaid immediately before the day subsection 38 (1) of the Building Opportunities in the Skilled Trades Act, 2021 came into force shall be treated as if it were a notice of contravention issued under section 27 of the Building Opportunities in the Skilled Trades Act, 2021.

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

 

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