Ontario College of Trades and Apprenticeship Act, 2009 Milloy, Hon. John Minister of Training, Colleges and Universities — Bill 183 (39th Parliament, 1st Session)

Bill 183, 39-1

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Bill 183, Ontario College of Trades and Apprenticeship Act, 2009

Milloy, Hon. John Minister of Training, Colleges and Universities

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Royal Assent

[39] Bill 183 Royal Assent (PDF)

Bill 183 2009

An Act to revise

and modernize the law related to apprenticeship training and trades

qualifications and to establish the Ontario College of Trades

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

CONTENTS

PART I

DEFINITIONS

Definitions

PART II

PROHIBITIONS

Practice,

compulsory trades

Practice,

voluntary trades

Work

of compulsory trades

Use

of titles

Holding

out as member of College

Employing

journeypersons and apprentices

Ratios

PART III

ONTARIO COLLEGE OF TRADES

College

established

Duty

to protect public interest

Objects

Board

of governors

Composition

of Board

Quorum

of Board

Vacancies

in Board

Meetings

open to public

Duty

to meet

Composition

of sectors

Divisional

boards

Trade

boards

Review

panels

Duties

of members

Removal

of members

Filling

vacancies

Employees

and officers

Annual

report

Minister's

powers and duties

Membership

in College

Annual

meeting of members

Committees

of Board

Other

committees

Vacancies

in committees

Member

ceasing to be on committee during hearing

Incapacity

of member during hearing

Delegation

of Board's powers

PART IV

REGISTRATION

Classes

of members

Granting

registration

Disclosure

of application file

Notice

of proposal to refuse to issue, etc.

Duties

of Registration Appeals Committee

Variation

of registration conditions

Register

Suspension:

failure to pay fees, provide information

PART V

COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

Duties

of Complaints Committee

Reference

to certain committees; interim suspensions

Discipline

Committee

Fitness

to Practise Committee

Procedure

on hearings

PART VI

REINSTATEMENT AND VARIATION

Reinstatement

and variation

Reinstatement:

no hearing

PART VII

APPEALS TO COURT

Appeal

to court

PART VIII

REGISTRAR'S POWERS OF INVESTIGATION AND INSPECTION

Definitions

Registrar's

investigation

Registrar's

inspections

Entries

and searches by warrant: investigations

Entries

and searches by warrant: inspections

Searches

by day unless stated

Documents

and objects

Report

of investigation

PART IX

RATIOS, COMPULSORY AND VOLUNTARY TRADES

Ratios

Classification

as compulsory or voluntary trade

PART X

CONFIDENTIALITY

Confidentiality

PART XI

APPOINTMENTS COUNCIL

Appointments

Council established

PART XII

APPRENTICESHIP

Functions

Training

agreements

Completion

of apprenticeship program

Strikes

and lock-outs

Wage

rates

Hours

Minister's

inspections

Fees

PART XIII

REGULATIONS AND BY-LAWS

Board

regulations, subject to approval

By-laws

Regulations

Copies

of regulations, by-laws

Copies

to be provided

PART XIV

MISCELLANEOUS

Right

to use French

Protection

from liability

Collection

and use of personal information

Records

Guarantee

of loans

Service

of notice or document

Certificate

as evidence

Statutory

Powers Procedure Act

Compliance

order

Offences

Review

by Minister

PART XV

TRANSITION

First

Board

Certificates

of qualification

Training

agreements and contracts of apprenticeship

Compulsory

and voluntary trades

Journeyperson

to apprentice ratios

Transitional

duties of Board

Wage

rates and hours

Temporary

register

PART XVI

AMENDMENTS, REPEALS, COMMENCEMENT AND

SHORT TITLE

Corporations

Tax Act

Fair

Access to Regulated Professions Act, 2006

Income

Tax Act

Municipal

Act, 2001

Taxation

Act, 2007

Trades

Qualification and Apprenticeship Act

Repeals

Repeals

Commencement

Short

title

___________

Her Majesty, by and with the advice and consent of

the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I

Definitions

Definitions

1. In this Act,

"Appointments Council" means the College of Trades Appointments Council established by

section 63; (" Conseil des nominations ")

"apprentice" means an individual who

has entered into a registered training agreement under which the individual is

to receive training in a trade required as part of an apprenticeship program

established by the College; (" apprenti ")

"Board" means the board of governors

of the College; (" conseil ")

"Board regulation" means a

regulation made by the Board under subsection 72 (1); (" règlement du conseil ")

"by-laws" means the by-laws of the

College made under subsection 73 (1); (" règlements administratifs ")

"certificate of qualification" means

a certificate of qualification issued by the Registrar on behalf of the College

to a journeyperson and includes a provisional certificate of qualification; (" certificat de qualification ")

"College" means the Ontario College

of Trades established by

section 9; (" Ordre ")

"compulsory trade" means a trade

prescribed by a Board regulation as a compulsory trade; (" métier à accréditation obligatoire ")

"journeyperson" means an individual

who holds a certificate of qualification; (" compagnon ")

"Lieutenant Governor's regulation"

means a regulation made by the Lieutenant Governor in Council under subsection

74 (1); (" règlement du

lieutenant-gouverneur ")

"Minister" means the Minister of

Training, Colleges and Universities or another member of the Executive Council

to whom the administration of this Act has been assigned; ("ministre")

"Minister's regulation" means a

regulation made by the Minister under subsection 74 (3); (" règlement du ministre ")

"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 ")

"registered training agreement"

means an agreement registered under

section 65 under which an individual is to

receive training in a trade required as part of an apprenticeship program

established by the College; (" contrat d'apprentissage enregistré ")

"Registrar" means the Registrar of

the College; (" registraire ")

"sponsor" means a person who has

entered into a registered training agreement under which the person is required

to ensure that an individual is provided with the training required as part of

an apprenticeship program established by the College; ("parrain")

"statement of membership" means a

statement of membership issued by the Registrar on behalf of the College to a

member of the College in a class of membership other than that of

journeyperson; (" attestation

d'adhésion ")

"trade" means a trade prescribed by

a Minister's regulation as a trade for the purposes of this Act; (" métier ")

"voluntary trade" means a trade

prescribed by a Board regulation as a voluntary trade. ("métier à accréditation facultative")

PART

PROHIBITIONS

Practice, compulsory trades

2. No individual shall

engage in the practice of a compulsory trade or hold himself or herself out as

able to do so unless the individual holds a certificate of qualification in

that trade that is not suspended or unless the individual is an apprentice in

that trade and is working pursuant to a registered training agreement that is

not suspended.

Practice, voluntary trades

3. No

individual shall hold himself or herself out as holding a certificate of qualification

in a voluntary trade unless he or she holds a certificate of qualification in

that trade that is not suspended.

Work of compulsory trades

4. No

person shall employ or otherwise engage an individual to perform work or engage

in a practice that constitutes engaging in the practice of a compulsory trade

unless the individual holds a certificate of qualification in that trade that

is not suspended or unless the individual is an apprentice in that trade and is

working pursuant to a registered training agreement that is not suspended.

Use of titles

5. No

individual except a member of the College shall use the title of a compulsory

trade or an abbreviation of the title of a compulsory trade to describe himself

or herself in his or her work unless he or she holds a certificate of

qualification in that trade that is not suspended.

Holding out as member of College

6. No

person except a member of the College shall represent or hold out expressly or

by implication that he, she or it is a member of the College.

Employing journeypersons and apprentices

7. No

person shall employ a journeyperson or sponsor or employ an apprentice in a

trade unless the person holds a statement of membership that is not suspended

and that is in the class referred to in paragraph 3 of subsection 36 (1).

Ratios

8. No

sponsor of apprentices in a trade for which a journeyperson to apprentice ratio

has been prescribed under

section 60 shall permit an apprentice to work except

in accordance with that ratio.

PART III

Ontario COLLEGE OF TRADES

College established

(1) A

Ordre des métiers de l'Ontario in French.

Body corporate

(2) The College is a body corporate without share capital

and with all the powers of a natural person.

Non-application of certain Acts

(3) The Corporations

Act and the Corporations

Information Act do not apply to the College.

Not Crown agency

(4) The College is not an agent of the Crown in right of

Ontario for any purpose, despite the Crown Agency Act, and shall not hold

itself out as such.

Duty to protect public interest

10. The

College has a duty to serve and protect the public interest in carrying out its

objects and its functions under this Act.

Objects

(1) The

College has the following objects:

1. To

establish the scope of practice for trades.

2. To

regulate the practice of trades.

3. To

govern the members of the College.

4. To

develop, establish and maintain qualifications for membership in the College.

5. To

issue certificates of qualification and statements of membership to members of

the College and renew, amend, suspend, cancel, revoke or reinstate those

certificates and statements as appropriate.

6. To

promote the practice of trades.

7. To

establish apprenticeship programs and other training programs for trades

including training standards, curriculum standards and examinations.

8. To

maintain a public register of its members.

9. To

determine appropriate journeyperson to apprentice ratios for trades subject to

ratios.

10. To

determine whether a trade should have compulsory certification status.

11. To

receive and investigate complaints against members of the College and to deal

with issues of discipline, misconduct, incompetency and incapacity.

12. To

address compliance issues in respect of matters within the jurisdiction of the

College.

13. To

provide for the ongoing education of members of the College.

14. To

work with other governments in Canada and the Minister with respect to the interprovincial

standards program for apprenticeship and with respect to qualifications required

for trades.

15. To

conduct research in relation to trades.

Document details

Collection	Ontario — Bills
Citation	Bill 183, 39-1
Type	bill
Volume / chapter	p39 s1 bill 183 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	50aa5eac8664ac99f3eec269ab0df9071eb1a0e3

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