Modernizing the Skilled Trades and Apprenticeship Act, 2019, S.O. 2019, c. 7, Sched. 40

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Modernizing the Skilled Trades and Apprenticeship Act, 2019

S.o. 2019, chapter 7
Schedule 40

Note: This Act was repealed on January 1, 2022. (See: 2021, c. 28, s. 70)

Last amendment: 2021, c. 28, s. 70.

Legislative History: 2021, c. 28, s. 70.

CONTENTS

 

Note: Sections 1 to 31 of this Act are not yet in force. They come into force on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 7, Sched. 40, s. 65)

Part I
Definitions

Definitions

1 In this Act,

“apprentice” means an individual who, pursuant to a registered training agreement, is receiving or is to receive training in a trade or skill set that is required as part of an apprenticeship program; (“apprenti”)

“apprenticeship program” means an apprenticeship program established by the Registrar under section 13; (“programme d’apprentissage”)

“certificate of apprenticeship” means a certificate issued to an individual under section 7; (“certificat d’apprentissage”);

“certificate of completion” means a certificate in a skill set issued to an individual under section 9; (“certificat de réussite”)

“certificate of qualification” means a certificate in a trade issued to an individual under section 8; (“certificat de qualification”)

“certificate of restricted practice” means a certificate in respect of one or more restricted activities issued to an individual under section 11; (“certificat d’exercice restreint")

“compliance order” means an order made under section 22; (“ordre de mise en conformité”)

“inspector” means an individual appointed by the Registrar to act as an inspector under section 18; (“inspecteur”)

“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”)

“Ministry” means the ministry of the Minister; (“ministère”)

“person” means an individual, corporation, partnership, sole proprietorship, association or any other organization or entity; (“personne”)

“personal information” means personal information as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“provisional certificate of restricted practice” means a provisional certificate in respect of one or more restricted activities issued to an individual under section 15; (“certificat temporaire d’exercice restreint”)

“registered training agreement” means an agreement registered under section 14 under which an individual is receiving or is to receive training in a trade or skill set required as part of an apprenticeship program; (“contrat d’apprentissage enregistré”)

“Registrar” means the Registrar of Skilled Trades and Apprenticeship designated under section 33; (“registraire”)

“regulation” means a regulation made under this Act; (“règlement”)

“restricted activity” means an activity prescribed as a restricted activity for the purposes of this Act; (“activité restreinte”)

“skill set” means a skill set prescribed as a skill set for the purposes of this Act; (“ensemble de compétences”)

“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; (“parrain”)

“trade” means a trade prescribed as a trade for the purposes of this Act. (“métier”)

Part II
trades, skill setS, Restricted Activities

Activities of Trades and Skill Sets

Policy re activities of trade or skill set

2 (1) For every trade or skill set that has been prescribed as a trade or skill set for the purposes of this Act, the Minister shall issue a policy describing the activities of the trade or skill set.

Policy not a regulation

(2) A policy made under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Restricted activities

(3) Unless a regulation has been made providing that a restricted activity is included in a trade or skill set,

(a)  the trade or skill set does not include the restricted activity; and

(b)  a policy made under subsection (1) shall not describe the trade or skill set as including the restricted activity.

Same

(4) For greater certainty, a restricted activity can be included in one or more trades or skill sets.

Prohibitions

Performing restricted activity

3 No individual shall perform a restricted activity unless the individual,

(a)  is an apprentice in a trade or skill set that includes the restricted activity and is working pursuant to a registered training agreement that is not suspended;

(b)  holds a certificate of restricted practice or a provisional certificate of restricted practice in respect of that restricted activity that is not suspended; or

(c)  is otherwise exempt under this Act from the prohibition.

Employing individual to perform restricted activity

4 No person shall employ or otherwise engage an individual to perform a restricted activity unless the individual,

(a)  is an apprentice in a trade or skill set that includes the restricted activity and is working pursuant to a registered training agreement that is not suspended;

(b)  holds a certificate of restricted practice or a provisional certificate of restricted practice in respect of that restricted activity that is not suspended; or

(c)  is otherwise exempt under this Act from the prohibition.

Ratio

5 If a trade or skill set has been prescribed as being subject to an apprentice to journeyperson ratio, no sponsor of an apprentice shall permit an apprentice to work except in accordance with the ratio set out in section 17 or, if another ratio is prescribed, in accordance with the prescribed ratio.

Proof of certificate, apprenticeship

Certificate of restricted practice

6 (1) For the purpose of determining compliance with section 3, 4 or 5, the holder of a certificate of restricted practice or a provisional certificate of restricted practice shall carry proof of their certification and when requested to do so, shall produce the proof to an inspector or a person authorized by regulation to request such production.

Apprenticeship

(2) For the purpose of determining compliance with section 3, 4 or 5, or compliance with a registered training agreement, an apprentice shall carry proof of their apprenticeship and when requested to do so, shall produce the proof to an inspector or a person authorized by regulation to request such production.

Form of proof

(3) The proof required under subsection (1) or (2) shall be in accordance with the regulations, if any.

Certificates – General

Certificate of apprenticeship

7 The Registrar shall issue a certificate of apprenticeship, in a form determined by the Registrar, to an individual who successfully completes an apprenticeship program.

Certificate of qualification

8 (1) A certificate of qualification in a trade may be issued in accordance with subsection (2) only in respect of a trade that has been prescribed as a trade for which a certifying examination is required.

Same

(2) The Registrar shall issue to an individual a certificate of qualification in a trade, in a form determined by the Registrar, if the individual,

(a)  holds a certificate of apprenticeship in the trade, or has experience or qualifications that the Registrar considers equivalent;

(b)  achieves a grade satisfactory to the Registrar on the certifying examination for the trade;

(c)  submits a completed application and pays any required fee for the application; and

(d)  meets any other criteria prescribed by the Minister.

Certificate of completion

9 (1) A certificate of completion in a skill set may be issued in accordance with subsection (2) whether or not the skill set has been prescribed as a skill set for which a certifying examination is required.

Same

(2) The Registrar shall issue to an individual a certificate of completion in a skill set, in a form determined by the Registrar, if the individual,

(a)  holds a certificate of apprenticeship in the skill set, or has experience or qualifications that the Registrar considers equivalent;

(b)  achieves a grade satisfactory to the Registrar on the certifying examination for the skill set, if the skill set has been prescribed as a skill set for which a certifying examination is required;

(c)  submits a completed application and pays any required fee for the application; and

(d)  meets any other criteria prescribed by the Minister.

Revocation of certificate

10 The Registrar may revoke a certificate of apprenticeship, certificate of qualification or certificate of completion if,

(a)  in the Registrar’s opinion, any of the requirements in section 7 or subsection 8 (2) or 9 (2), as the case may be, were not met;

(b)  in the Registrar’s opinion, the individual made a false or misleading statement, representation or declaration in or in connection with any application for the certificate; or

(c)  any other circumstance specified in the regulations exists.

Certificates – Restricted Practice

Certificate of restricted practice

Eligible certificate

11 (1) In this section,

“eligible certificate” means,

(a)  a certificate of apprenticeship in a trade that is not prescribed as a trade for which a certifying examination is required;

(b)  a certificate of qualification in a trade; or

(c)  a certificate of completion in a skill set.

Certificate of restricted practice

(2) The Registrar shall issue to an individual a certificate of restricted practice, in a form determined by the Registrar, that sets out all of the restricted activities that the individual may perform, or shall renew an individual’s certificate of restricted practice, if,

(a)  for each restricted activity, the individual holds one or more eligible certificates that include the restricted activity;

(b)  the individual submits a completed application for the issuance or renewal of the certificate and pays any required fee; and

(c)  the individual meets any other criteria prescribed by the Minister.

Amendment of certificate

(3) If, after a certificate of restricted practice is issued or renewed, the holder of the certificate obtains an additional eligible certificate in a trade or skill set that includes a restricted activity, the Registrar shall amend the certificate of restricted practice to include the additional restricted activity if,

(a)  the holder submits a completed application for the amendment of the certificate and pays any required fee; and

(b)  the holder meets any other criteria prescribed by the Minister.

Term of certificate

(4) A certificate issued or renewed under subsection (2) shall be for the prescribed term, or if no term is prescribed, for a term of three years.

Expiry

(5) A certificate of restricted practice expires at the end of its term.

Continuation of certificate pending renewal

(6) If an individual who holds a certificate of restricted practice applies to the Registrar for the renewal of the certificate before the certificate expires or within any other prescribed time period, the term of the certificate is deemed to be extended until,

(a)  the day the Registrar grants the renewal; or

(b)  if the Registrar proposes to refuse to grant the renewal, until the period of time for requesting the hearing has expired or, if a hearing is requested, until the prescribed person makes a decision.

Conditions, suspension, revocation

12 (1) A certificate of restricted practice is subject to any terms, conditions and limitations imposed on it by the Registrar.

Same

(2) Upon issuing, renewing or amending a certificate of restricted practice, or at any other time, the Registrar may impose on the certificate the terms, conditions and limitations that the Registrar considers appropriate.

Amendment of conditions

(3) The Registrar may at any time amend the terms, conditions and limitations imposed on the certificate of restricted practice.

Subject to regulations

(4) The Registrar’s authority under subsections (2) and (3) to impose or amend terms, conditions and limitations on a certificate of restricted practice is subject to the regulations, if any.

Suspension or revocation of certificate of restricted practice

(5) The Registrar may suspend or revoke a certificate of restricted practice if, in the Registrar’s opinion,

(a)  the individual who holds the certificate has failed to comply with any provision of this Act or the regulations;

(b)  any of the criteria in subsection 11 (2) or (3) were not met at the time the application for the issuance, renewal or amendment of the certificate was made;

(c)  the individual who holds the certificate made a false or misleading statement, representation or declaration in or in connection with their application for the issuance, renewal or amendment of the certificate;

(d)  the individual who holds the certificate failed to comply with a compliance order;

(e)  the individual who holds the certificate failed to pay a penalty imposed by a notice of contravention issued under section 23; or

(f)  any other circumstance specified in the regulations exists.

Proposed refusal, terms, suspension, etc.

(6) If the Registrar proposes to,

(a)  impose or amend terms, conditions or limitations on a certificate of restricted practice;

(b)  suspend or revoke a certificate of restricted practice; or

(c)  take any other action relating to the certificate of restricted practice that is set out in regulation, if any,

the Registrar shall notify the applicant or the individual who holds the certificate, as the case may be, in writing, of the proposed action.

Same

(7) The notice shall provide the reasons for the proposed action and shall state that the applicant or the individual who holds the certificate is entitled to a hearing before the prescribed person if, within 15 days after service of the notice, the applicant or individual serves a written request for a hearing on the prescribed person.

No hearing

(8) If the applicant or the individual who holds the certificate does not request a hearing in accordance with subsection (7), the Registrar may carry out the proposed action.

Hearing

(9) Where the applicant or the individual who holds the certificate serves a written request for a hearing under subsection (7), the prescribed person shall hold a hearing.

Same

(10) The hearing shall be conducted in accordance with the regulations, if any.

PART III
Apprenticeship

Apprenticeship program

13 (1) For each trade and skill set prescribed by the Minister, the Registrar shall establish an apprenticeship program, which may include on-the-job training standards, in-class curriculum standards, examinations and other requirements.

Same

(2) An apprenticeship program established under subsection (1) for a trade or skill set shall correspond to the policy issued by the Minister for that trade or skill set.

In-class training

(3) The Minister may approve persons to provide in-class training for apprenticeship programs.

Training agreements

14 (1) The Registrar shall register a training agreement under which an individual is to receive training in a trade or skill set required as part of an apprenticeship program if,

(a)  the individual to receive the training is at least 16 years old and has successfully completed the prescribed academic standard, if any, for the trade or skill set;

(b)  the sponsor to the agreement meets the prescribed criteria, if any;

(c)  the individual submits a completed application for registration and pays any required fee for the application; and

(d)  any other criteria prescribed by the Minister are satisfied.

Revocation on request

(2) The Registrar may revoke the registration of a registered training agreement on the written request of a party to the agreement.

Suspension or revocation

(3) The Registrar may suspend or revoke the registration of a registered training agreement if, in the Registrar’s opinion,

(a)  a party to the agreement,

(i)  has failed to comply with a provision of this Act or a regulation,

(ii)  has failed to comply with the registered training agreement,

(iii)  made a false or misleading statement, representation or declaration in or in connection with their application for the registration of the agreement, or

(iv)  is deceased or no longer exists; or

(b)  any other circumstance specified in the regulations exists.

Notice

(4) If the Registrar proposes to suspend or revoke the registration of an agreement under subclause (3) (a) (i), (ii) or (iii), the Registrar shall notify the parties to the agreement in writing of the proposed action.

Same

(5) The notice shall provide the reasons for the proposed action and shall state that the parties are entitled to a hearing before the Minister if, within 15 days after service of the notice, a party serves a written request for a hearing on the Minister.

No hearing

(6) If the parties do not request a hearing in accordance with subsection (5), the Registrar may carry out the proposed action.

Hearing

(7) Where a party to the agreement serves a written request for a hearing in accordance with subsection (5), the Minister shall hold a hearing.

Same

(8) The hearing shall be conducted in accordance with the regulations, if any.

Provisional certificates of restricted practice

15 (1) If the Registrar issues a certificate of apprenticeship to an individual in a trade or skill set that includes one or more restricted activities, the Registrar shall also provide the individual with a provisional certificate of restricted practice in respect of the restricted activities.

Same

(2) A provisional certificate of restricted practice shall be for the prescribed term or, if no term is prescribed, for a period of one year following the date the provisional certificate is issued.

Extension

(3) An individual who holds a provisional certificate of restricted practice may apply to the Registrar for an extension of the period in subsection (2) and the Registrar may grant an extension in accordance with the regulations.

Conditions, suspension, revocation

16 (1) A provisional certificate of restricted practice is subject to any terms, conditions and limitations imposed on it by the Registrar.

Same

(2) Upon issuing a provisional certificate of restricted practice or at any other time, the Registrar may impose on the certificate the terms, conditions and limitations that the Registrar considers appropriate.

Amendment of conditions

(3) The Registrar may at any time amend the terms, conditions and limitations imposed on the provisional certificate of restricted practice.

Subject to regulations

(4) The Registrar’s authority under subsections (2) and (3) to impose or amend terms, conditions and limitations on a certificate of restricted practice is subject to the regulations, if any.

Suspension and revocation of provisional certificate of restricted practice

(5) The Registrar may suspend or revoke a provisional certificate of restricted practice if, in the Registrar’s opinion,

(a)  the individual who holds the certificate has failed to comply with any provision of this Act or the regulations;

(b)  the individual who holds the certificate did not successfully complete an apprenticeship program;

(c)  the individual who holds the certificate made a false or misleading statement, representation or declaration in connection with the completion of their apprenticeship program;

(d)  the individual who holds the certificate failed to comply with a compliance order;

(e)  the individual who holds the certificate failed to pay a penalty imposed by a notice of contravention issued under section 23; or

(f)  any other circumstance specified in the regulations exists.

Proposed terms, suspension, etc.

(6) If the Registrar proposes to impose or amend terms, conditions or limitations on a provisional certificate of restricted practice or to suspend or revoke a certificate, the Registrar shall notify the individual who holds the certificate, in writing, of the proposed action.

Same

(7) The notice shall provide the reasons for the proposed action and shall state that the individual who holds the certificate is entitled to a hearing before the prescribed person if, within 15 days after service of the notice, the individual serves written request for a hearing on the prescribed person.

No hearing

(8) If the individual who holds the certificate does not request a hearing in accordance with subsection (7), the Registrar may carry out the proposed action.

Hearing

(9) Where the individual who holds the certificate serves a written request for a hearing under subsection (7), the prescribed person shall hold a hearing.

Same

(10) The hearing shall be conducted in accordance with the regulations, if any.

Ratio

17 If a trade or skill set has been prescribed as being subject to an apprentice to journeyperson ratio, the number of apprentices who may be sponsored or employed by a person in the trade or skill set in relation to the number of journeypersons employed or otherwise engaged by the person in the trade or skill set shall not exceed one apprentice for each journeyperson.

Part IV
Inspections and Investigations

Registrar’s inspections and investigations

18 (1) The Registrar may appoint inspectors for the purposes of,

(a)  determining compliance with section 3, 4 or 5 or any other provision of this Act or the regulations;

(b)  determining compliance with a registered training agreement; or

(c)  determining compliance with a compliance order.

Powers on inspection or investigation

(2) An inspector conducting an inspection or investigation may,

(a)  examine a document, record or other thing that is relevant to the inspection or investigation;

(b)  demand the production for inspection of a document, record or other thing that is relevant to the inspection or investigation;

(c)  on issuing a written receipt, remove for review and copying a document, record or other thing that is relevant to the inspection or investigation;

(d)  in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises;

(e)  take photographs, video recordings or other visual or audio recordings that are relevant to the inspection or investigation; and

(f)  question a person on matters relevant to the inspection or investigation.

Limitation re photographs and recordings

(3) A photograph or recording made under clause (2) (e) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Powers and duties

(4) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed.

Written demand

(5) A demand that a document, record or other thing be produced for inspection must be in writing and must state,

(a)  the nature of the document, record or other thing required; and

(b)  when the document, record or other thing is to be produced.

Obligation to produce and assist

(6) If an inspector demands that a document, record or other thing be produced for inspection, the person having custody of the document, record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, upon the inspector’s demand,

(a)  provide whatever assistance is reasonably necessary to produce a document, record or other thing in a readable form, including using a data storage, processing or retrieval device or system; and

(b)  provide whatever assistance is reasonably necessary to interpret a document, record or other thing for the inspector.

Entry on premises

(7) An inspector may, at any reasonable time and without a warrant, enter and inspect any premises for the purposes referred to in subsection (1).

Dwellings

(8) Subsection (7) does not authorize entry of a dwelling without the consent of the occupier.

Identification

(9) An inspector who enters premises under subsection (7) shall, on request, produce identification that provides evidence of their authority.

Entries and searches by warrant: inspections and investigations

19 (1) On the application, made without notice, of the Registrar or an inspector, a justice of the peace may issue a warrant authorizing the inspector to enter and search a place and examine anything that is relevant to the purposes referred to in subsection 18 (1), if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds for believing that something relevant to the inspection or investigation is at the place.

Searches by day unless stated

(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant.

Assistance and entry by force

(3) An inspector entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by a peace officer and may enter a place by force.

Inspector to show identification

(4) An inspector, entering and searching a place under the authority of a warrant issued under subsection (1) shall produce their identification, on request, to any person at the place.

Return of things

20 A document, record or other thing that has been removed for review and copying,

(a)  shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b)  shall be returned to the person within a reasonable time.

Admissibility of certain documents

21 A copy of a document, record or other thing certified by an inspector to be a true copy shall be admissible in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document, record or thing itself.

Part V
Compliance

Compliance Orders

Compliance orders

22 (1) If the Registrar or an inspector believes on reasonable grounds that a person is not in compliance with a provision of this Act or the regulations or with a registered training agreement or compliance order that was previously made, the Registrar or inspector may make an order,

(a)  ordering the person to comply with the provision, registered training agreement or compliance order;

(b)  ordering the person to do or refrain from doing anything specified in the order in order to become compliant;

(c)  specifying dates by which the person is required to do or refrain from doing the things specified; and

(d)  ordering the person to do anything else prescribed.

Requirements

(2) Without limiting the generality of subsection (1), a compliance order may include a requirement that the person submit a plan to the Registrar specifying the steps the person shall take to come into compliance and to maintain compliance.

Content of order

(3) A compliance order shall include any prescribed information.

Service

(4) The compliance order shall be served on the person whom the Registrar or inspector believes is not in compliance with this Act or the regulations.

Amendment or revocation of order

(5) If the Registrar or inspector makes a compliance order under subsection (1), he or she may amend or revoke it in accordance with the regulations, if any.

Notice

(6) Upon amending or revoking a compliance order under subsection (5), the Registrar or inspector shall give written notice of the amendment or revocation to the person to whom the order is directed.

Administrative Penalties

Notice of contravention

23 (1) If the Registrar or an inspector believes that a person has contravened section 3, 4 or 5 or has failed to comply with a compliance order, the Registrar or inspector may issue a notice of contravention to the person setting out their belief and requiring the person to pay the prescribed administrative penalty 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 sections 3, 4 and 5 and with compliance orders.

2.  To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of section 3, 4 or 5 or of a compliance order.

Amount of administrative penalty

(3) The amount of an administrative penalty prescribed for a contravention shall reflect the purposes referred to in subsection (2).

One-year limitation

(4) 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

(5) 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 and the location where the contravention occurred;

(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 their right to request a review of the notice by the Minister and of the timelines to do so set out in section 24.

If no review requested

(6) If a person who has received a notice of contravention does not apply for a review under subsection 24 (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

24 (1) A person who receives a notice of contravention under subsection 23 (1) may apply to the Minister for a review of the notice of contravention,

(a)  within 15 days after the notice of contravention is served; or

(b)  if the Minister considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Minister.

If review requested

(2) If a person who has received a notice of contravention applies for a review under subsection (1), the Minister shall conduct the review in accordance with the regulations, if any.

Minister’s decision

(3) Upon a review, the Minister may, as appropriate under this Act,

(a)  resolve the notice of contravention in the manner consented to by the Registrar and the person;

(b)  rescind the notice of contravention;

(c)  affirm the notice of contravention; or

(d)  amend the notice of contravention by reducing the amount of the penalty if it is excessive in the circumstances.

Decision final

(4) A decision by the Minister under this section is final.

Payment after review

(5) If the Minister 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 Minister within 30 days after the day of the Minister’s decision.

Payment to Minister of Finance

(6) 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.

(7) Except with the consent of the Minister, the Minister may not be compelled to testify in a civil proceeding or in a proceeding before a tribunal respecting information obtained in the course of their duties under this Act.

Enforcement of administrative penalty

25 (1) If a person who is required to pay an administrative penalty fails to pay it within the time required under subsection 23 (6) or 24 (5), the notice of contravention or the Minister’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

26 An administrative penalty imposed under subsection 23 (1) or 24 (3) that is not paid within the time required under subsection 23 (6) or 24 (5) is a debt due to the Crown and enforceable as such.

Registrar may authorize collector

27 (1) The Registrar may authorize any person to act as a collector for the purposes of this section and sections 28 and 29 and to exercise the powers that the Registrar 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 Registrar 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 Registrar 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 Registrar shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements.

Fees and disbursements

28 (1) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 27 (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

(2) 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

29 (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 Registrar.

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 28 (2).

Publication

30 The Registrar may publish particulars of a notice of contravention issued under subsection 23 (1) in accordance with the regulations.

PART VI
ADministration

Minister’s Functions

Minister’s functions

31 The functions of the Minister for the purposes of this Act are,

(a)  to prescribe trades and skill sets for the purposes of this Act;

(b)  to prescribe restricted activities for the purposes of this Act;

(c)  to issue policies describing the activities of trades and skill sets;

(d)  to approve persons to provide in-class training for apprenticeship programs;

(e)  to work with other governments in Canada with respect to the Interprovincial Standards Red Seal Program for apprenticeship and with respect to standards, qualifications and other requirements required for trades and skill sets;

(f)  to exercise and perform such other powers, duties and functions as are provided for in this Act or the regulations.

Other powers of Minister

Committees

32 (1) The Minister may establish committees to advise the Minister or the Registrar on any matter under this Act or the regulations.

Same

(2) A committee established under (1) shall consist of one or more individuals including individuals who shall have experience in the skilled trades and apprenticeship system.

Fees

(3) The Minister may establish and charge fees for applications made under this Act, for examinations required under this Act, or for any other power, duty or function performed in connection with this Act or the regulations.

Note: Sections 33 to 55 of this Act are not yet in force. They come into force on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 7, Sched. 40, s. 65)

Registrar

Registrar of Skilled Trades and Apprenticeship

33 (1) The Minister may designate, in writing, a public servant employed under Part III of the Public Service of Ontario Act, 2006 as the Registrar of Skilled Trades and Apprenticeship.

Duties and functions

(2) The Registrar may exercise the powers and shall perform the duties and functions conferred or imposed on the Registrar by or under this Act.

Delegation

(3) The Registrar may delegate in writing any of their powers, duties or functions under this Act to one or more persons employed in the Ministry, subject to such limitations, restrictions, conditions, and requirements the Registrar may set out in the delegation.

Registrar’s functions

(4) The functions of the Registrar for the purposes of this Act are,

(a)  to issue certificates of qualification and certificates of completion;

(b)  to issue, renew, and amend certificates of restricted practice and issue and extend provisional certificates of restricted practice;

(c)  to establish apprenticeship programs for trades and skill sets;

(d)  to register training agreements;

(e)  to administer examinations, including,

(i)  examinations that may be required for the purposes of completing an apprenticeship program, or

(ii)  certifying examinations;

(f)  to provide those who successfully complete an apprenticeship program with a certificate of apprenticeship;

(g)  to exercise and perform functions referred to in Part IV or V relating to inspections, investigations and compliance; and

(h)  to exercise and perform such other powers, duties and functions as are provided for in this Act or the regulations.

Register

34 Subject to any regulation respecting the removal of information from the register, the Registrar shall establish and maintain a public register which shall contain,

(a)  the name of each apprentice working pursuant to a registered training agreement that is not suspended in a trade or skill set that includes one or more restricted activities, and the name of the trade or skill set in which the apprentice is receiving or is to receive training as part of an apprenticeship program;

(b)  the name of each individual who holds a certificate of restricted practice, the restricted activities set out in the certificate, and each trade or skill set that includes the restricted activity and for which the individual holds a certificate of apprenticeship, certificate of qualification or certificate of completion;

(c)  the name of each individual who holds a provisional certificate of restricted practice, the restricted activities set out in the certificate and each trade or skill set that includes the restricted activity and for which the individual holds a certificate of apprenticeship;

(d)  any terms, conditions and limitations imposed on an individual’s certificate of restricted practice or provisional certificate of restricted practice;

(e)  a notation of every suspension or revocation of a certificate of restricted practice or provisional certificate of restricted practice; and

(f)  any other information that is prescribed as information to be kept in the register.

Delegation to Administrative Authority

Delegation to an administrative authority

35 (1) The Lieutenant Governor in Council may, by regulation, designate one or more persons as an administrative authority for the purposes of this Act.

Same

(2) Subject to subsection (3), a regulation made under subsection (1) shall specify the functions of the Minister listed in section 31 or of the Registrar listed in subsection 33 (4) for which administration is being delegated to the administrative authority, and the administrative authority shall carry out the administration of the delegated functions.

Regulation-making power

(3) A regulation made under subsection (1) may not delegate to an administrative authority any power to make regulations conferred by this Act.

Same

(4) Subject to the regulations, if a function of the Minister or Registrar is delegated to the administrative authority, any reference to the Minister or Registrar in the relevant provisions of this Act or the regulations shall be deemed to be a reference to the administrative authority, as the case may be.

Administrative agreement

36 (1) The Lieutenant Governor in Council may not designate a person as an administrative authority until the Minister and the person have entered into an administrative agreement.

Contents

(2) The administrative agreement shall include, at a minimum, terms related to the following matters with respect to the administrative authority:

1.  All matters that the Minister considers necessary for the administrative authority to carry out the administration of the delegated functions.

2.  The maintenance by the administrative authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations.

Amendment

(3) The Minister may unilaterally amend the administrative agreement if the Minister considers the amendment to be in the public interest, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances.

Policy directions

37 (1) The Minister may issue policy directions to an administrative authority related to its powers and duties under this Act or the regulations, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances.

Part of administrative agreement

(2) The policy directions are deemed to form part of the administrative agreement.

Compliance

(3) The administrative authority shall comply with the policy directions and shall implement measures to do so.

Compliance by administrative authority

38 In carrying out the administration of the delegated functions under this Act or the regulations, the administrative authority shall comply with the administrative agreement, this Act, the regulations, and other applicable law.

Conflict

39 In the event of conflict, this Act and the regulations prevail over,

(a)  the administrative agreement; and

(b)  the administrative authority’s constituting documents, bylaws and resolutions.

Duty to inform Minister

40 The administrative authority shall promptly inform and advise the Minister with respect to,

(a)  any material fact that could affect the administrative authority’s ability to perform its powers or duties under this Act or the regulations; or

(b)  any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated functions is carried out properly.

Revocation of designation

41 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority if the Lieutenant Governor in Council considers it advisable to do so in the public interest.

Revocation for non-compliance

(2) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority if,

(a)  the administrative authority has failed to comply with this Act, the regulations, other applicable law or the administrative agreement;

(b)  the Minister has allowed the administrative authority the opportunity to remedy its default within a specified time period that the Minister considers reasonable in the circumstances; and

(c)  the administrative authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause (b) and the Minister has so advised the Lieutenant Governor in Council.

Same

(3) Nothing in subsection (2) restricts the ability of the Lieutenant Governor in Council to act under subsection (1).

Revocation on request

(4) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority on the terms that the Lieutenant Governor in Council considers advisable in the public interest if the administrative authority requests the revocation.

Transition

(5) If the Lieutenant Governor in Council revokes the designation of the administrative authority, the Lieutenant Governor in Council may, by regulation, provide for any transitional matter necessary for the effective implementation of the revocation.

Not Crown agency

42 (1) Despite the Crown Agency Act, the administrative authority is not, by virtue only of the designation, an agent of the Crown for any purpose and shall not hold itself out as such.

Same

(2) The following persons are not agents of the Crown, by virtue only of the designation, and shall not hold themselves out as such:

1.  Any person who is employed or whose services are retained by the administrative authority.

2.  Any member, officer, or agent of the administrative authority.

3.  Any member of the board of directors of the administrative authority.

No Crown liability

43 (1) No cause of action arises against the Crown as a direct or indirect result of any act or omission that a person who is acting on behalf of the administrative authority takes or makes in the execution or intended execution of any of the person’s powers or duties under this Act or the regulations.

No proceeding

(2) No action or other proceeding for damages, including but not limited to a proceeding for a remedy in contract, restitution, or tort, shall be instituted against the Crown in connection with any cause of action described in subsection (1).

Indemnification of the Crown

44 The administrative authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the administrative authority or its members, officers, directors, employees, or agents in the execution or the intended execution of the administration of the delegated functions under this Act, the regulations or the administrative agreement.

Not public money

45 (1) The money that the administrative authority collects in carrying out the administration of the delegated functions is not public money within the meaning of the Financial Administration Act.

Same

(2) The administrative authority may use the money described in subsection (1) only for the purposes of carrying out the administration of the delegated functions.

Audit

46 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the administrative authority.

Same

(2) If the Auditor General conducts an audit under subsection (1), the administrative authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.

Reports

47 The administrative authority shall report to the Minister on its activities and financial affairs as they relate to this Act and the administrative agreement.

1.  The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires.

2.  The administrative authority shall prepare a report for each year and at the other times that the Minister specifies.

Right to use French

48 (1) A person has the right to communicate in French with, and to receive available services in French from, the administrative authority.

Administrative authority’s duty

(2) The administrative authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section.

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

Definition

(4) In this section,

“service” means any service or procedure that is provided to the public by the administrative authority in carrying out its powers and duties under this Act or the regulations and includes,

(a)  responding to inquiries from members of the public, and

(b)  any other communications for the purpose of providing the service or procedure.

Forms and fees

49 (1) The administrative authority may,

(a)  establish forms related to the administration of the delegated functions;

(b)  in accordance with processes and criteria established by the administrative authority and approved by the Minister, establish and collect fees related to the administration of the delegated functions; and

(c)  make rules governing the payment of the fees described in clause (b).

Publication of fee schedule

(2) The administrative authority,

(a)  shall publish the fees, the processes and criteria, and the rules on its website and in any other way described in the administrative agreement; and

(b)  may publish the fees, processes, criteria and rules referred to in clause (a) in any other format that the administrative authority considers advisable.

PART VII
Miscellaneous

Conflict with Statutory Powers Procedure Act

50 If there is a conflict between this Act or the regulations and the Statutory Powers Procedure Act, the provisions of this Act or the regulations prevail.

Service of notice or document

51 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is,

(a)  delivered personally;

(b)  sent by mail;

(c)  sent or delivered by another method, if the sender can prove receipt; or

(d)  sent by any other prescribed manner.

Deemed service

(2) If a notice, order or request is served by mail, the service is deemed to be made on the fifth day after the day of mailing unless the person on whom the document is served establishes that he, she or it did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive it until a later date.

Personal information

52 (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:

1.  Administering this Act and the regulations and implementing the policies made under this Act.

2.  Ensuring compliance with this Act, the regulations, and the policies made under this Act.

3.  Planning or delivering programs or services in relation to trades, skill sets and apprenticeship that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to any of them.

4.  Risk management, error management or activities to improve or maintain the quality of the programs or services in relation to trades, skill sets and apprenticeship that the Ministry provides or funds, in whole or in part.

5.  Research and statistical activities that relate to apprenticeship or trades or skill sets, whether or not they are prescribed as trades or skill sets under this Act, and that are conducted by or on behalf of the Ministry.

6.  Such other matters related to apprenticeship, trades or skills sets, whether or not they are prescribed as trades or skill sets under this Act, as the Lieutenant Governor in Council may determine.

Limits on collection, use and disclosure

(2) The Minister shall not collect, use or disclose personal information if other information will serve the purpose of the collection, use or disclosure.

Same

(3) The Minister shall not collect, use or disclose more personal information than is reasonably necessary to meet the purpose of the collection, use or disclosure.

Collection and use of personal information for research

(4) The collection or use of personal information for purposes related to the research as mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed.

Disclosure

(5) The Minister may require any of the following to disclose to the Minister such personal information as is reasonably necessary for the purposes described in subsection (1):

1.  Persons approved by the Minister to provide in-class training for apprenticeship programs.

2.  Sponsors.

3.  Employers of apprentices and individuals who hold a certificate issued under this Act.

4.  Any person designated as an administrative authority under this Act.

5.  Other prescribed persons.

Same

(6) The Minister may specify the time at which, and the form in which, the information must be provided.

Notice required by s. 39 (2) of FIPPA

(7) If the Minister collects personal information indirectly under subsection (1), without limiting the Minister’s ability to give notice in other ways, the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by a public notice posted on the Ministry’s website.

Reports and information

53 The Minister may require the following persons to provide reports and information and may specify the time at which, and the form in which, the reports and information must be provided:

1.  Persons approved by the Minister to provide in-class training for apprenticeship programs.

2.  Any person designated as an administrative authority under this Act.

3.  Other prescribed persons.

PART VIII
REgulations

Minister’s regulations

54 (1) The Minister may make regulations,

(a)  prescribing a trade or skill set as a trade or skill set for the purposes of this Act;

(b)  prescribing an activity as a restricted activity for the purposes of this Act and providing that the restricted activity is included in one or more trades or skill sets;

(c)  providing for any transitional matter that may arise in connection with a trade, skill set or restricted activity no longer being prescribed for the purposes of this Act;

(d)  governing what constitutes proof of certification for the purposes of subsection 6 (1) or proof of apprenticeship for the purposes of subsection 6 (2);

(e)  designating persons by name, job title or otherwise who are authorized to request proof of a certificate of restricted practice, provisional certificate of restricted practice or proof of apprenticeship;

(f)  governing certificates of apprenticeship, including the revocation of certificates of apprenticeship and the circumstances in which they may be revoked;

(g)  governing certificates of qualification and certificates of completion, including,

(i)  prescribing the trades and skill sets for which a certifying examination is required,

(ii)  governing applications for certificates and the issuance of certificates,

(iii)  governing the revocation of certificates, including the circumstances in which certificates may be revoked;

(h)  governing certificates of restricted practice and provisional certificates of restricted practice, including,

(i)  applications for certificates and the issuance, renewal, extension and amendment of certificates,

(ii)  the term for which a certificate may be issued, renewed or extended, including providing for a different term depending on the trade, skill set, or restricted activity,

(iii)  the renewal or extension of certificates, including the time period within which an individual must apply for a renewal or extension,

(iv)  the terms, conditions and limitations that may be imposed on certificates,

(v)  the suspension and revocation of certificates, including the circumstances in which certificates may be suspended or revoked and the process for suspension or revocation;

(i)  governing apprenticeship programs, including with respect to on-the-job training standards, in-class curriculum standards, examinations and other requirements;

(j)  governing registered training agreements and the registration of training agreements, including prescribing academic standards, sponsor criteria and any other criteria that must be satisfied in order to register a training agreement, and the suspension and revocation of a registered training agreement, including the circumstances in which an agreement may be suspended or revoked and the process for suspension or revocation;

(k)  deeming an individual from another province or territory of Canada to be an apprentice under a registered training agreement under which he or she is to receive training in a trade or skill set required as part of an apprenticeship program, subject to such conditions and restrictions as may be specified in the regulations;

(l)  governing apprentice to journeyperson ratios, including,

(i)  prescribing a trade or skill set as being subject to an apprentice to journeyperson ratio,

(ii)  prescribing that a different apprentice to journeyperson ratio applies for a trade or skill set than the ratio set out in section 17,

(iii)  governing when individuals shall be deemed to be apprentices or journeypersons for the purposes of the apprentice to journeyperson ratio applicable to a trade or skill set,

(iv)  governing the determination of compliance with an apprentice to journeyperson ratio set out in section 17 or in a regulation,

(v)  establishing and governing processes by which the Minister may grant a person an exemption from an apprentice to journeyperson ratio or specify a different ratio for that person;

  (m)  governing the public register;

(n)  prescribing alternative methods for serving a notice or document;

(o)  providing that a different time period or deadline shall apply instead of a time period or deadline specified in this Act;

(p)  exempting any person from any provision of this Act or the regulations;

(q)  providing for any transitional matter relating to the implementation of this Act or amendments to this Act;

(r)  prescribing or otherwise providing for anything required or permitted under this Act, other than anything referred to in subsection 55 (1), to be prescribed or otherwise provided for in the regulations, including governing anything required or permitted to be done in accordance with the regulations.

Conflict

(2) In the event of a conflict between a regulation made under clause (1) (q) and this Act, the regulation prevails.

Lieutenant Governor in Council regulations

55 (1 ) The Lieutenant Governor in Council may make regulations,

(a)  governing hearings under sections 12, 14 and 16, including prescribing the person who shall conduct hearings, the process for conducting hearings and the period within which a hearing must be requested;

(b)  governing inspections and investigations under Part IV of this Act, including prescribing additional powers and duties of inspectors;

(c)  governing compliance orders, including governing their content and when they may be amended or revoked;

(d)  governing administrative penalties and all matters necessary and incidental to the administration of a system of administrative penalties under this Act;

(e)  prescribing additional functions of the Minister for the purposes of section 31;

(f)  prescribing additional functions of the Registrar for the purposes of section 33;

(g)  delegating to the Minister the power to make regulations with respect to any matter that may be the subject of a regulation under this subsection;

(h)  where a function has been delegated to an administrative authority, governing whether references in this Act to the Minister or Registrar are deemed to be references to the administrative authority and providing that this Act shall be read with any necessary modifications;

(i)  authorizing personal information to be collected by or on behalf of the Minister, other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;

(j)  prescribing requirements and restrictions for the purposes of subsection 52 (4) and prescribing persons for the purposes of subsection 52 (5);

(k)  governing reports and information that may be required under section 53, including prescribing persons to whom section 53 applies;

(l)  defining, for the purposes of this Act and the regulations, any word or expression used in this Act that has not already been expressly defined in this Act;

  (m)  providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with this Act.

Residual authority to act

(2) Despite any delegation to the Minister under clause (1) (g) and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Making regulation not revocation

(3) If the Lieutenant Governor in Council makes a regulation to which subsection (2) applies, the regulation does not have the effect of revoking a delegation under this section unless the regulation so specifies.

Minister’s regulations preserved

(4) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under clause (1) (g), but the revocation of a delegation does not result in the revocation of any regulation the Minister made under the delegated power before the revocation of the delegation.

PART IX
Transition

Definition

56 In this Part,

“College” means the Ontario College of Trades.

Regulations re transition

57 (1) The Minister may make regulations providing for any transitional matters relating to the implementation of this Act and the repeal of the Ontario College of Trades and Apprenticeship Act, 2009, including,

(a)  deeming certificates of qualification, statements of membership and statements of completion of an apprenticeship program under the Ontario College of Trades and Apprenticeship Act, 2009 to be certificates under this Act and providing for any related processes;

(b)  providing that terms, conditions and limitations on a certificate or statement issued under the Ontario College of Trades and Apprenticeship Act, 2009 continue to apply or apply with modifications to a certificate or statement deemed to be a certificate issued under this Act;

(c)  deeming registered training agreements under the Ontario College of Trades and Apprenticeship Act, 2009 to be registered training agreements under this Act and providing for any related processes;

(d)  providing that a trade is no longer deemed a trade for the purposes of this Act and providing for any transitional matter that may arise in connection with a trade no longer being deemed a trade for the purpose of this Act;

(e)  governing outstanding proceedings under Part V or administrative penalties under Part VIII.1 of the Ontario College of Trades and Apprenticeship Act, 2009.

Conflict

(2) In the event of a conflict between a regulation made under subsection (1) and this Act or the Ontario College of Trades and Apprenticeship Act, 2009, the regulation prevails.

Note: Section 58 of this Act is not yet in force. It comes into force on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 7, Sched. 40, s. 65)

Deemed trades

58 (1) Each trade that was prescribed under clause 74 (3) (a) of the Ontario College of Trades and Apprenticeship Act, 2009, as that provision read immediately before it was repealed, is deemed to be a trade for the purposes of this Act until a regulation is made prescribing the trade for the purposes of this Act or prescribing that the trade is no longer deemed to be a trade for the purposes of this Act.

Scope of practice

(2) For each trade deemed under subsection (1) to be a trade for the purposes of this Act, the scope of practice prescribed for the trade under paragraph 1 of subsection 72 (1) of the Ontario College of Trades and Apprenticeship Act, 2009, as that provision read immediately before it was repealed, is deemed to be the description of the trade in a policy required under subsection 2 (1) until the Minister makes a policy under that subsection providing otherwise or until the Minister prescribes that the trade is no longer deemed to be a trade for the purposes of this Act.

Same

(3) For each compulsory trade under the Ontario College of Trades and Apprenticeship Act, 2009 deemed under subsection (1) to be a trade for the purposes of this Act, all activities included in the scope of practice of the trade under that Act are deemed to be restricted activities for the purposes of this Act until,

(a)  a regulation is made prescribing the trade for the purposes of this Act and the Minister makes a policy under subsection 2 (1); or

(b)  a regulation is made prescribing that the trade is no longer deemed to be a trade for the purposes of this Act.

Dissolution of Ontario College of Trades

59 (1) The College is dissolved on the day section 9 of the Ontario College of Trades and Apprenticeship Act, 2009 is repealed.

Same

(2) The College shall make all reasonable efforts to pay its debts, liabilities and obligations prior to the dissolution of the College.

College assets, liabilities, etc., on dissolution

60 (1) On the date the College is dissolved, all of the rights, property and assets of the College are transferred to and vested in the Crown in right of Ontario.

Extinguishment of debts, etc.

(2) On the date the College is dissolved, all of the debts, liabilities, and obligations of the College are extinguished, subject to subsection (3).

Claim of creditor

(3) A creditor of the College may make a claim to the Minister for the payment of any debts, liabilities or obligations of the College that exist on the date the College is dissolved, and any claim shall be made and determined in accordance with the process set out in the regulations.

Amount to resolve claims

(4) The total amount that the Crown in right of Ontario may pay to resolve claims made pursuant to subsection (3) shall not exceed the liquidated value of the rights, assets and property of the College transferred to the Crown under subsection (1).

Extinguishment of claims

(5) As of the date that the Minister provides notice to claimants of the amounts payable, if any, by the Crown to such claimants to resolve claims made pursuant to subsection (3), all such claims, and any potential claims that could have been made by a creditor of the College under subsection (3), are otherwise extinguished.

Regulations

(6) The Minister may make regulations governing the process by which claims under subsection (3) shall be made and determined, including,

(a)  whether a claim for the payment of an outstanding debt, liability or obligation of the College is valid;

(b)  the circumstances in which the Minister may reduce, cancel or otherwise alter an outstanding debt, liability, or obligation of the College for the purposes of determining a claim in respect of that outstanding debt, liability or obligation;

(c)  how the amount, if any, to be paid by the Crown in right of Ontario to resolve a claim shall be determined; and

(d)  the notice that shall be given to potential claimants about the process for making claims under subsection (3) and the notice that shall be given to a claimant as to whether any amounts are payable by the Crown to that claimant and, if so, what amounts are payable.

Same

(7) For greater certainty, a regulation made under subsection (6) applies to any debt, liability or obligation of the College that exists as of the date that the regulation comes into force, regardless of when the debt, liability or obligation was incurred.

Causes of action

61 (1) No cause of action arises against the Crown, any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown, or against the Ontario College of Trades or any of its current or former directors, officers, employees or agents or members of its governing structure as a direct or indirect result of,

(a)  the operation, administration or repeal of any provision of the Ontario College of Trades and Apprenticeship Act, 2009 or regulations under that Act;

(b)  the enactment, operation, or administration of Part IX of this Act or a regulation made under Part IX;

(c)  anything done or not done in order to comply with the Ontario College of Trades and Apprenticeship Act, 2009, Part IX of this Act or regulations made under Part IX; or

(d)  any revocation, cessation, termination, variation or amendment of contractual or other rights under Part IX of this Act or regulations made under Part IX.

Proceedings barred

(2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation, or any remedy under any statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection.

Application

(3) Subsection (2) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada.

Retrospective effect

(4) Subsections (2) and (3) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day this subsection came into force.

Proceedings set aside

(5) Any proceeding referred to in subsection (2) or (3) that is commenced before the day this subsection comes into force is deemed to have been dismissed, without costs, on the day this subsection comes into force.

No compensation payable

(6) No person is entitled to any compensation, other than any compensation provided for under subsection 60 (3) and the regulations, or to any other remedy or relief for the revocation, cessation, termination, variation or amendment of contractual or other rights under Part IX of this Act or regulations made under Part IX.

No expropriation

(7) Nothing in Part IX of this Act or regulations made under Part IX and nothing done or not done in accordance with Part IX of this Act or regulations made under Part IX constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Part X (OMITTED)

62-64 Omitted (amends, repeals or revokes other legislation).

65 Omitted (provides for coming into force of provisions of this Act).

66 Omitted (enacts short title of this Act).

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