Building Opportunities in the Skilled Trades Act, 2021, S.O. 2021, c. 28 - Bill 288

JurisdictionOntario
Date03 June 2021
Bill Number288

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 288 and does not form part of the law. Bill 288 has been enacted as Chapter 28 of the Statutes of Ontario, 2021.

The Building Opportunities in the Skilled Trades Act, 2021 is enacted. The Act sets out provisions regarding the practice of trades in Ontario and apprenticeship training and certification, and provides for the continuation of the Ontario College of Trades under the name Skilled Trades Ontario (“the Corporation”).

The Act provides that trades may be prescribed for the purposes of the Act, and may be prescribed as compulsory trades. Prohibitions are specified relating to engaging in the practice of compulsory trades or the employment of persons to perform work or engage in the practice of compulsory trades.

Various types of certificates may be issued under the Act. Certificates of qualification may be issued in respect of trades for which a certifying examination is required. Certificates of apprenticeship may be issued to a person who successfully completes an apprenticeship program. If a certificate of apprenticeship is issued to a person in a trade for which a certifying examination is required, the person will also be issued a provisional certificate of qualification in the trade. The Act also sets out provisions relating to the refusal to issue certificates, the imposition of terms, conditions and limitations on certificates and the suspension and revocation of certificates.

The Act includes provisions regarding apprenticeship programs and registered training agreements and imposes certain requirements relating to the programs and agreements.

Inspectors may be appointed under the Act. Inspectors have various powers for the purposes of determining compliance with the Act and the regulations, registered training agreements, compliance orders and other matters. An inspector may issue compliance orders and notices of contravention. A notice of contravention may be reviewed by the Ontario Labour Relations Board in accordance with the process set out in the Act.

The Ontario College of Trades is continued as a corporation without share capital under the name Skilled Trades Ontario. The Act includes various provisions relating to the administration and governance of the Corporation, including the powers and duties of the Registrar of the Corporation.

The Act provides for regulation-making powers on various matters, including on transitional matters arising from the implementation of the Act and the repeal of the Ontario College of Trades and Apprenticeship Act, 2009. Various other miscellaneous and related provisions are also included.

chapter 28

An Act to enact the Building Opportunities in the Skilled Trades Act, 2021

Assented to June 3, 2021

CONTENTS

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

General

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 that is required as part of an apprenticeship program; (“apprenti”)

“apprenticeship program” means an apprenticeship program established by the Registrar under section 14; (“programme d’apprentissage”)

“certificate of apprenticeship” means a certificate of apprenticeship issued to an individual under section 16; (“certificat d’apprentissage”);

“certificate of qualification” means a certificate of qualification in a trade issued to an individual under section 10; (“certificat de qualification”)

“compliance order” means an order made under section 26; (“ordre de mise en conformité”)

“compulsory trade” means a trade classified by a regulation as a compulsory trade; (“métier à accréditation obligatoire”)

“Corporation” means Skilled Trades Ontario; (“Société”)

“Deputy Minister” means the deputy minister of the Ministry; (“sous-ministre”)

“Director” means an inspector who is designated as a Director under subsection 20 (2); (“directeur”)

“inspector” means an individual appointed by the Deputy Minister to act as an inspector under subsection 20 (1); (“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”)

“Ontario Labour Relations Board” means the board continued under section 110 of the Labour Relations Act, 1995; (“Commission des relations de travail de l’Ontario”)

“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 qualification” means a provisional certificate of qualification in a trade issued to an individual under section 17; (“certificat de qualification temporaire”)

“registered training agreement” means an agreement registered under section 15 under which an individual is receiving or is to receive training in a trade required as part of an apprenticeship program; (“contrat d’apprentissage enregistré”)

“Registrar” means the Registrar of the Corporation; (“registraire”)

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

“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”)

Minister’s functions

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

(a) to prescribe trades as trades for the purposes of this Act;

(b) to classify trades as compulsory trades;

(c) to prescribe scopes of practice for trades;

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

(e) to register training agreements;

(f) to administer examinations, including certifying examinations;

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

(h) to promote trades and apprenticeship;

(i) to conduct research in relation to trades and apprenticeship;

(j) 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

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

Other powers of Minister

Committees

3 (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 subsection (1) shall consist of one or more individuals including individuals who shall have experience in the trades and apprenticeship system.

Delegation to employee

4 (1) Where, under this Act or the regulations, any power or duty is granted to or vested in the Minister or the Deputy Minister, the Minister or Deputy Minister may, in writing, delegate that power or duty from time to time to any employee in the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister or Deputy Minister may set out in the delegation.

Regulation-making power

(2) The Minister may not delegate the power to make regulations conferred by this Act.

Scope of Practice and Compulsory Trades

Scope of practice

5 (1) The Minister may prescribe a scope of practice for every trade prescribed as a trade for the purposes of this Act.

Same

(2) A particular practice may be included in more than one trade’s scope of practice.

Practice, compulsory trades

6 No individual shall engage in the practice of a compulsory trade unless,

(a) the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended;

(b) the individual holds a certificate of qualification or a provisional certificate of qualification in that trade that is not suspended; or

(c) a regulation exempts the individual from the prohibition.

Work of compulsory trades

7 No person shall employ or otherwise engage an individual to perform work or to engage in the practice of a compulsory trade unless,

(a) the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended;

(b) the individual holds a certificate of qualification or a provisional certificate of qualification in that trade that is not suspended; or

(c) a regulation exempts the individual from the prohibition.

Ratio

8 If a trade has been prescribed as being subject to an apprentice to journeyperson ratio,

(a) the number of apprentices who may be sponsored or employed by a person in the trade in relation to the number of journeypersons employed or otherwise engaged by the person in the trade shall not exceed one apprentice for each journeyperson; and

(b) no sponsor shall permit an apprentice to work except in accordance with the ratio set out in clause (a) or, if another ratio is prescribed, in accordance with the prescribed ratio.

Proof of certificate

9 (1) For the purpose of determining compliance with section 6, 7 or 8, the holder of a certificate of qualification or a provisional certificate of qualification 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...

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