role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 288, Building Opportunities in the Skilled Trades Act, 2021

McNaughton, Hon. Monte Minister of Labour, Training and Skills Development

Royal Assent received. Statutes of Ontario 2021,

chapter 28

Please select

View bill

Status

Debates

Acts affected

Royal Assent

As Amended by Standing Committee

Original

Bill 288 Royal Assent (PDF)

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.

Bill 288 2021

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

CONTENTS

General

Definitions

Minister’s

functions

Other

powers of Minister

Delegation

to employee

Scope of Practice and

Compulsory Trades

Scope

of practice

Practice,

compulsory trades

Work

of compulsory trades

Ratio

Proof

of certificate

Certificates of Qualification

Certificate

of qualification

Terms,

conditions, limitations

Suspension,

revocation, other actions

Other

certificates

Apprenticeship

Apprenticeship

program

Registered

training agreements

Certificate

of apprenticeship

Provisional

certificates of qualification

Terms,

conditions, limitations

Suspension,

revocation, other actions

Inspections and Investigations

Inspections

and investigations

Entries

and searches by warrant: inspections and investigations

Return

of things

Admissibility

of certain documents

Compliance

Compliance

and enforcement framework

Compliance

and Enforcement Committee

Compliance

orders

Administrative Penalties

Notice

of contravention

Review

Ontario

Labour Relations Board’s decision

Settlement

through labour relations officer

Enforcement

of administrative penalty

Crown

debt

Minister

may authorize collector

Fees

and disbursements

Settlement

by collector

Publication

Offences

Offences

Skilled Trades Ontario

Skilled

Trades Ontario

Powers

Objects

Board

of directors

Powers

and duties of the board

By-laws

Minister’s

powers and duties re board

Chief

executive officer

Registrar

Register

Reports

Revenue

and assets

Expenses,

expenditures and borrowing

Payment

of judgments against Corporation

Budget

and other financial statements

Audit

Provincial

funding of Corporation

Miscellaneous

personal liability, Crown officials

Crown liability, individuals other than Crown officials

personal liability, Corporation officials

Proceedings

barred

Interpretation,

former officials

Conflict

with Statutory Powers Procedure Act

Service

of notice or document

Personal

information

Limits

on collection, use and disclosure

Reports

and information

Regulations,

Minister

Regulations,

Lieutenant Governor in Council

Amendments to this Act, Repeal,

Commencement and

Short Title

Amendments

to this Act

Infrastructure

for Jobs and Prosperity Act, 2015

Ontario

College of Trades and Apprenticeship Act, 2009

Modernizing

the Skilled Trades and Apprenticeship Act, 2019

Protecting

What Matters Most Act (Budget Measures), 2019

Commencement

Short

title

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

(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

(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

(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

(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

section 6, 7 or 8, 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 of Qualification

Certificate

of qualification

(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 to those required to

obtain such a certificate;

(

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.

Extension

of certificate pending renewal

(3) If

an individual who holds a certificate of qualification in a compulsory trade

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,

(

a) until

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 or body makes a decision.

Renewal

(4) The

Registrar shall renew an individual’s certificate of qualification in a

compulsory trade in a form determined by the Registrar, if the individual,

(

a) submits

a completed application and pays any required fee for the application; and

(

b) meets

any other prescribed criteria.

Term

of certificate

(5) A

certificate of qualification in a compulsory trade issued under subsection

(2) or renewed under subsection (4) shall have the prescribed term, or if no term

is prescribed, a term of three years.

Expiry

(6) A

certificate of qualification in a compulsory trade expires at the end of its

term.

Terms,

conditions, limitations

(1) A certificate of qualification is subject to

any terms, conditions and limitations imposed on it by the Registrar.

Same

(2) Upon

issuing or renewing a certificate of qualification, or at any other time, the

Registrar may impose on the certificate the terms, conditions and limitations

that the Registrar considers appropriate.

Amendment

of terms, conditions and limitations

(3) The

Registrar may at any time amend the terms, conditions and limitations imposed

on a certificate of qualification.

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 qualification is subject to the

regulations, if any.

Suspension,

revocation, other actions

(1) The Registrar may suspend or revoke a

certificate of qualification if, in the Registrar’s opinion,

(

a) any

of the criteria in subsection 10 (2) or (4) were not met at the time the

application for the issuance or renewal of the certificate was made;

(

b) 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 or renewal of the certificate; or

(

c) any

other circumstance specified in the regulations exists.

Proposed

refusal, terms, suspension, etc.

(2) If

the Registrar proposes to,

(

a) impose

or amend terms, conditions or limitations on a certificate of qualification;

(

b) suspend

or revoke a certificate of qualification;

(

c) refuse

to issue or renew a certificate of qualification; or

(

d) take

any other action relating to the certificate of qualification that is set out

in the regulations,

the

Registrar shall notify the applicant or the individual who holds the

certificate in writing of the proposed action.

Same

(3) 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 or body if, within 15 days after service of

the notice, the applicant or individual serves a written request for a hearing

on the prescribed person or body.

hearing

(4) If

the applicant or the individual who holds the certificate does not request a

hearing in accordance with subsection (3), the Registrar may carry out the

proposed action.

Hearing

(5) Where

the applicant or the individual who holds the certificate serves a written

request for a hearing under subsection (3), the prescribed person or body shall

hold a hearing.

Same

(6) The

hearing shall be conducted in accordance with the regulations, if any.

Other

certificates

(1) The Registrar may issue such other

certificates as may be prescribed.

Conditions,

suspension, revocation

(2) Section

12 applies to other certificates issued under subsection (1), with the

necessary modifications.

Apprenticeship

Apprenticeship

program

(1) The Registrar shall establish an

apprenticeship program for each trade, which may include on-the-job training

standards, in-class curriculum standards, examinations and other requirements.

Same

(2) An

apprenticeship program for a trade shall correspond to the scope of practice

prescribed for that trade.

In-class

training

(3) The

Minister may approve persons to provide in-class training for apprenticeship programs.

Same

(4) A

person who has been approved to provide in-class training for an apprenticeship

program must provide training in accordance with the requirements of the

program.

Registered

training agreements

(1) The Minister shall register a

training agreement under which an individual is to receive training in a trade

required as part of an apprenticeship program if,

(

a) the

individual to receive the training is at least 16 years old;

(

b) if

any academic standards or sponsor criteria are prescribed, the standards and criteria

are satisfied;

(

c) the

individual submits a completed application for registration and pays any

required fee for the application; and

(

d) any

other prescribed criteria are satisfied.

Revocation

on request

(2) The

Minister may revoke the registration of a registered training agreement on the

written request of a party to the agreement.

Suspension

or revocation

(3) The

Minister may suspend or revoke the registration of a registered training

agreement if, in the Minister’s opinion,

(

a) a

party to the agreement,

(

i) has

failed to comply with the registered training agreement,

(ii) made

a false or misleading statement, representation or declaration in or in

connection with their application for the registration of the agreement, or

(iii) is

deceased or no longer exists; or

(

b) any

other circumstance specified in the regulations exists.

Notice

(4) If

the Minister proposes to suspend or revoke the registration of an agreement

under subclause (3) (a) (

i) or (ii), the Minister 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 prescribed person or body if,

within 15 days after service of the notice, a party serves a written request

for a hearing on the prescribed person or body.

hearing

(6) If

the parties do not request a hearing in accordance with subsection (5), the

Minister 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 prescribed person or body shall hold a hearing.

Same

(8) The

hearing shall be conducted in accordance with the regulations, if any.

Fees

(9) The

Minister may establish and collect fees for applications made under this Act,

for examinations required under this Act, or for any other power of the

Minister that is exercised or any duty or function that is performed in

connection with this Act or the regulations.

Certificate

of apprenticeship

(1) The Minister shall issue a certificate of

apprenticeship, in a form determined by the Minister, to an individual who

successfully completes an apprenticeship program.

Revocation

of certificate

(2) The

Minister may revoke an individual’s certificate of apprenticeship if, in the

Minister’s opinion,

(

a) the

individual did not successfully complete an apprenticeship program;

(

b) the

individual made a false or misleading statement, representation or declaration

in or in connection with the completion of their apprenticeship program; or

(

c) any

other circumstance specified in the regulations exists.

Provisional

certificates of qualification

(1) If the Minister issues a certificate of apprenticeship

to an individual in a trade for which a certifying exam is required, the

Registrar shall provide the individual with a provisional certificate of

qualification in that trade.

Term

of certificate

(2) A

provisional certificate of qualification shall have the prescribed term or, if

no term is prescribed, a term of one year.

Extension

(3) An

individual who holds a provisional certificate of qualification 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.

Expiry

(4) A

provisional certificate of qualification expires at the end of its term or its

extended term.

Terms,

conditions, limitations

(1) A provisional certificate of qualification

is subject to any terms, conditions and limitations imposed on it by the

Registrar.

Same

(2) Upon

issuing or extending a provisional certificate of qualification or at any other

time, the Registrar may impose on the certificate the terms, conditions and

limitations that the Registrar considers appropriate.

Amendment

of terms, conditions and limitations

(3) The

Registrar may at any time amend the terms, conditions and limitations imposed

on a provisional certificate of qualification.

Subject

to regulations

(4) The

Registrar’s authority under subsections (2) and (3) to impose or amend terms,

conditions and limitations on a provisional certificate of qualification is

subject to the regulations, if any.

Suspension,

revocation, other actions

(1) The Registrar may suspend or revoke an

individual’s provisional certificate of qualification if, in the Registrar’s

opinion,

(

a) the

individual did not successfully complete an apprenticeship program;

(

b) the

individual made a false or misleading statement, representation or declaration

in connection with the completion of their apprenticeship program; or

(

c) any

other circumstance specified in the regulations exists.

Proposed

refusal, terms, suspension, etc.

(2) If

the Registrar proposes to,

(

a) impose

or amend terms, conditions or limitations on a provisional certificate of

qualification;

(

b) suspend

or revoke a provisional certificate of qualification;

(

c) refuse

to issue or extend a provisional certificate of qualification; or

(

d) take

any other action relating to the provisional certificate of qualification that

is set out in the regulations,

the

Registrar shall notify the applicant or individual who holds the certificate in

writing of the proposed action.

Same

(3) 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 or body if, within 15 days after service

of the notice, the applicant or individual serves a written request for a

hearing on the prescribed person or body.

hearing

(4) If

the applicant or the individual who holds the certificate does not request a

hearing in accordance with subsection (3), the Registrar may carry out the

proposed action.

Hearing

(5) Where

the applicant or the individual who holds the certificate serves a written

request for a hearing under subsection (3), the prescribed person or body shall

hold a hearing.

Same

(6) The

hearing shall be conducted in accordance with the regulations, if any.

Inspections and Investigations

Inspections

and investigations

(1) The Deputy Minister may appoint inspectors

for the purposes of,

(

a) determining

compliance with

section 6, 7 or 8 or any other provision of this Act or the

regulations;

(

b) determining

whether apprentices are receiving training in accordance with a registered

training agreement and with any requirements of an apprenticeship program;

(

c) determining

whether a person who has been approved to provide in-class training for an

apprenticeship program is providing training in accordance with the requirements

of the program; and

(

d) determining

compliance with a compliance order.

Director

(2) The

Deputy Minister may designate one or more inspectors as a Director or

Directors.

Certificate

of appointment

(3) The

Deputy Minister shall issue a certificate of appointment, bearing his or her

signature or a facsimile thereof, to every inspector.

Production

of certificate

(4) Every

inspector, in the exercise of any powers or performance of any duties under

this Act, shall produce his or her certificate of appointment upon request.

Powers

on inspection or investigation

(5) 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

(6) A

photograph or recording made under clause (5) (

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

(7) An

inspector shall have the powers and duties set out in this Act and such other

powers and duties as may be prescribed.

Same,

compliance and enforcement framework

(8) An

inspector shall exercise their powers and perform their duties in accordance

with the compliance and enforcement framework referred to in

section 24, if

any.

Written

demand

(9) 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

(10) 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

(11) 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

(12) Subsection

(11) does not authorize entry of a dwelling without the consent of the

occupier.

Entries

and searches by warrant: inspections and investigations

(1) On the application, made without notice, of

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 20 (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

22 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

23 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.

Compliance

Compliance

and enforcement framework

(1) The Minister may make regulations setting

out a compliance and enforcement framework.

(2) A

compliance and enforcement framework referred to in subsection (1) shall

address factors to be considered when determining compliance, the measures to

be taken respecting non-compliance and when such measures may be taken.

Compliance

and Enforcement Committee

25 The Minister may establish a Compliance and Enforcement

Committee to provide advice to the Minister on compliance and enforcement

issues under this Act.

Compliance

orders

(1) If an inspector believes on reasonable

grounds that a person is not in compliance with a provision of this Act or the

regulations, with a registered training agreement or with a compliance order

that was previously made, the inspector, subject to the compliance and enforcement

framework, if any, 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 Ministry 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 inspector believes is

not in compliance with this Act or the regulations.

Amendment

or revocation of order

(5) If

the inspector makes a compliance order under subsection (1), he or she may

amend or revoke it.

Subject

to regulations

(6) The

inspector’s authority under subsection (5) to amend or revoke a compliance

order is subject to the regulations, if any.

Notice

(7) Upon

amending or revoking a compliance order under subsection (5), the inspector

shall give written notice of the amendment or revocation to the person to whom

the order is directed.

Administrative Penalties

Notice

of contravention

(1) If an inspector believes that a person has

contravened

section 6, 7 or 8 or has failed to comply with a compliance order,

the inspector, subject to the compliance and enforcement framework, if any, 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 6 ,7 and 8 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 6 ,7 or 8 or of a compliance order.

Factors

(3) Prior

to issuing a notice of contravention, other than a notice in respect of a

failure to comply with a compliance order, the inspector appointed under

section 20 shall consider,

(

a) the

scope of practice of every trade that may be relevant; and

(

b) the

compliance and enforcement framework referred to in

section 24, if any.

Amount

of administrative penalty

(4) The

amount of an administrative penalty prescribed for a contravention shall

reflect the purposes referred to in subsection (2).

One-year

limitation

(5) 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 inspector.

Content

of notice of contravention

(6) 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 Ontario

Labour Relations Board and of the timelines to do so set out in

section 28.

no review requested

(7) If

a person who has received a notice of contravention does not apply for a review

under subsection 28 (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

(1) A person who receives a notice of

contravention under

section 27 may apply to the Ontario Labour Relations Board

for a review of the notice of contravention in a form approved by the Ontario

Labour Relations Board,

(

a) within

15 days after receipt of the notice of contravention; or

(

b) if

the Ontario Labour Relations Board considers it appropriate in the

circumstances to extend the time for applying, within the period specified by

the Ontario Labour Relations Board.

review requested

(2) If

a person who has received a notice of contravention applies for a review under

subsection (1), the Ontario Labour Relations Board shall conduct the review in

accordance with any rules that may be made by the Chair of the Ontario Labour

Relations Board under clause (3) (

a) or subsection (4).

Ontario

Labour Relations Board rules

(3) The

Chair of the Ontario Labour Relations Board may make rules,

(

a) governing

the practices and procedures and the exercise of its powers applicable to a

review of a notice of contravention; and

(

b) requiring

the use of forms approved by the Ontario Labour Relations Board.

Same

(4) Without

limiting the generality of clause (3) (a), the Chair may make rules to expedite

any proceeding under this section, and such rules may,

(

a) provide

that the Ontario Labour Relations Board is not required to hold a hearing;

(

b) limit

the extent to which the Ontario Labour Relations Board is required to give full

opportunity to the parties to present their evidence and to make submissions;

and

(

c) authorize

the Ontario Labour Relations Board to make or cause to be made such examination

of records and such other inquiries as it considers necessary in the

circumstances.

Conflict

with the Statutory Powers Procedure Act

(5) Rules

made under subsection (3) or (4) apply despite anything in the Statutory Powers Procedure Act .

Part

III of Legislation Act, 2006

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to rules made under subsection (3) or (4).

Parties

to review

(7) The

parties to a review of a notice of contravention are,

(

a) the

Director;

(

b) the

person who received the notice of contravention; and

(

c) such

other persons as the Ontario Labour Relations Board may specify.

Powers

of Ontario Labour Relations Board

(8) For

the purposes of a review of a notice of contravention, the Ontario Labour

Relations Board has power,

(

a) to

require any party to furnish particulars before or during a consultation or

hearing;

(

b) to

require any party to produce documents or things that may be relevant to the

review and to do so before or during a consultation or a hearing;

(

c) to

summon and enforce the attendance of witnesses and compel them to give oral or

written evidence on oath, and to produce the documents and things that the

Ontario Labour Relations Board considers requisite to the review in the same

manner as a court of record in civil cases;

(

d) to

administer oaths and affirmations;

(

e) to

accept such oral or written evidence as it in its discretion considers proper,

whether admissible in a court of law or not;

(

f) to

make interim orders concerning procedural matters on such terms as it considers

appropriate; and

(

g) to

determine the form in which and the time as of which any party to the review

must file or present any thing, document or information and to refuse to accept

any thing, document or information that is not filed or presented in that form

or by that time.

Mistakes

in names of parties

(9) Where,

in a review of a notice of contravention, the Ontario Labour Relations Board is

satisfied that a mistake has been made in good faith with the result that the

proper person has not been named as a party or has been incorrectly named, the

Ontario Labour Relations Board may order the proper person to be substituted or

added as a party to the review or to be correctly named on such terms as appear

to the Ontario Labour Relations Board to be just.

Factors

(10) In

conducting a review, other than a review of a notice of contravention in

respect of a failure to comply with a compliance order, the Ontario Labour

Relations Board shall consider,

(

a) the

scope of practice of every trade that may be relevant;

(

b) the

compliance and enforcement framework referred to in

section 24, if any; and

(

c) any

other factors it considers relevant, having regard to the public interest.

Ontario

Labour Relations Board’s decision

(1) Upon a review of a notice of contravention,

the Ontario Labour Relations Board may, as appropriate under this Act,

(

a) resolve

the notice of contravention in the manner consented to by the parties;

(

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

(2) A

decision by the Ontario Labour Relations Board under this

section is final and

binding on the parties to the review.

Judicial

review

(3) Nothing

in subsection (2) prevents a court from reviewing a decision of the Ontario

Labour Relations Board under this section, but a decision of the Ontario Labour

Relations Board concerning the

interpretation of this Act shall not be

overturned unless the decision is unreasonable.

Payment

after review

(4) If

the Ontario Labour Relations Board 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 Ontario Labour Relations Board within 30 days after

the day of the Ontario Labour Relations Board’s decision.

Payment

to Minister of Finance

(5) 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.

(6) Except

with the consent of the Ontario Labour Relations Board, no member of the

Ontario Labour Relations Board, its registrar, its other officers or clerks or

servants can be compelled to testify in a civil proceeding, in a proceeding

before the Ontario Labour Relations Board or in a proceeding before any other

tribunal respecting information obtained in the course of their duties under

this Act.

Settlement

through labour relations officer

30 The Ontario Labour Relations Board may authorize a labour

relations officer to attempt to effect a settlement of the matters raised in an

application for review of a notice of contravention.

Enforcement

of administrative penalty

(1) If a person who is required to pay an

administrative penalty fails to pay it within the time required under

subsection 27 (7) or 29 (4), the notice of contravention or the Ontario Labour

Relations Board’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

32 An administrative penalty imposed under subsection 27

(1) or 29 (1) that is not paid within the time required under subsection 27 (7) or 29

(4) is a debt due to the Crown and enforceable as such.

Minister

may authorize collector

(1) The Minister may authorize any person to act

as a collector for the purposes of this

section and sections 34 and 35 and to

exercise the powers that the Minister 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 Minister 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

Minister 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

Minister 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

(1) If a collector is seeking to collect an

administrative penalty owing under a notice of contravention, any fees and

disbursements authorized under subsection 33 (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

(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 Minister.

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 34 (2).

Publication

36 The Minister may publish particulars of a notice of

contravention issued under subsection 27 (1) or amended under subsection 29

(1) in accordance with the regulations.

Offences

Offences

Offence,

false representation

(1) Every person who makes a representation,

knowing it to be false, for the purpose of having a certificate issued under

this Act is guilty of an offence and on conviction is liable to a fine of not

more than $10,000.

Offence,

assist in false representation

(2) Every

person who knowingly assists a person in committing an offence under subsection

(1) is guilty of an offence and on conviction is liable to a fine of not more

than $10,000.

Offence,

submitting false information

(3) Every

person who knowingly submits false information as part of an application to

register a training agreement or in any information provided in relation to a

training agreement is guilty of an offence and on conviction is liable to a

fine of not more than $10,000.

Offence,

examinations

(4) A

person is guilty of an offence and on conviction is liable to a fine of not

more than $10,000 if a certifying examination is required to obtain a certificate

of qualification in a trade and,

(

a) the

person assists another person taking the examination by knowingly conveying or

disclosing to that person, directly or indirectly, any information respecting

the contents of the examination; or

(

b) the

person is an applicant for a certificate of qualification who knowingly

acquires or attempts to acquire any information respecting the contents of the

examination.

Skilled Trades Ontario

Skilled

Trades Ontario

(1) The Ontario College of Trades is continued

as a corporation without share capital under the name Skilled Trades Ontario in

Crown

agency

(2) The

Corporation is an agent of the Crown in right of Ontario.

Composition

(3) The

Corporation is composed of the members of its board of directors.

Application

of certain Acts

(4) The

Corporations Act and the Corporations

Information Act do not apply to the Corporation except as prescribed in

the regulations.

Powers

(1) Except as limited by this Act, the

Corporation has the capacity, rights and powers of a natural person for the

purposes of carrying out its objects.

Subsidiaries

(2) The

Corporation shall not create or acquire a subsidiary.

Fees

(3) The

Corporation may, subject to the review and approval of the Minister, establish

and collect fees for applications made under this Act, for examinations

required under this Act, or for any other power of the Corporation that is

exercised or any duty or function that is performed in connection with this Act

or the regulations.

Objects

40 The Corporation has the following objects:

1. To

establish apprenticeship programs and other training programs for trades,

including training standards, curriculum standards and certifying examinations.

2. To

conduct research and evaluate whether a trade should be prescribed as a trade

for the purposes of this Act and to make recommendations on these matters to

the Minister.

3. To

issue certificates for the purposes of this Act.

4. To

assess whether the experience and qualifications obtained by applicants for a

certificate of qualification who do not complete an apprenticeship are

equivalent to those received through completing an apprenticeship.

5. To

maintain a public register of every apprentice in a compulsory trade and every

holder of a certificate of qualification in a compulsory trade or provisional

certificate of qualification in a compulsory trade.

6. To

promote trades and apprenticeship.

7. To

conduct research in relation to trades and apprenticeship.

8. 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.

9. To

promote inclusivity and diversity in relation to trades and apprenticeship.

10. Such

other objects as may be prescribed.

Board

of directors

(1) The board of directors of the Corporation

shall consist of not more than 11 members appointed by the Lieutenant Governor

in Council, on the recommendation of the Minister.

Remuneration

(2) The

members of the board shall receive remuneration and reimbursement for

reasonable expenses as determined by the Lieutenant Governor in Council.

Term

of office

(3) The

term of office of the members of the board shall be at the pleasure of the

Lieutenant Governor in Council.

Chair

(4) The

Lieutenant Governor in Council shall designate one of the members as the chair.

Vice-chair

(5) The

board, in accordance with the by-laws, shall elect the vice-chair.

Acting

chair

(6) If

the chair is absent or unable to act, or if the office of the chair is vacant, the

vice-chair shall act as the chair.

Same

(7) If

the chair and vice-chair are absent, the members present shall appoint an

acting chair from among themselves.

Quorum

(8) A

majority of the members constitutes a quorum of the board.

Vacancies

in board

(9) If

one or more vacancies occur in the membership of the board, the members

remaining on the board constitute the board.

Duty

to meet

(10) The

board shall meet at least six times each year.

Voting

rights

(11) Each

director, including the chair of the board, has one vote.

Powers

and duties of the board

(1) Subject to directives issued under clause 44

(1) (b), the board of directors of the Corporation shall manage and administer

the activities and affairs of the Corporation.

Committees

(2) The

board may by by-law establish committees of the board and, subject to

subsection (3), may delegate powers and assign duties to those committees.

Limitation

on delegation

(3) The

following powers cannot be delegated to a committee of the board:

1. The

power to make, amend or repeal by-laws of the Corporation.

2. The

power to approve the Corporation’s budget.

3. The

power to approve the Corporation’s business plan, annual reports and financial

statements.

4. The

power to establish committees of the board and fill vacancies on those

committees.

5. Any

other prescribed power.

Employees

(4) The

Corporation may employ such individuals as it determines are necessary for the

proper conduct of its affairs.

Same

(5) The

Corporation may establish job categories, salary ranges and conditions of

employment for its officers and employees, subject to the approval of the

Minister.

By-laws

(1) The board of directors may make by-laws and

pass resolutions regulating its proceedings and generally for the conduct and

management of the affairs of the Corporation.

Officers

(2) Without

limiting the generality of subsection (1), the board of directors may make

by-laws or pass resolutions to appoint officers and assign to them such powers

and duties as the board considers appropriate.

Notice

to Minister

(3) The

Corporation shall deliver a copy of every by-law to the Minister.

Effect

of approval

(4) A

by-law that is approved by the Minister becomes effective on the date the

Minister approves the by-law or on such later date as the by-law may provide.

Effect

of rejection

(5) A

by-law that is rejected by the Minister does not become effective.

Effect

of return for further consideration

(6) A

by-law that is returned to the Corporation for further consideration does not

become effective until the Corporation amends the by-law as directed by the

Minister, returns it to the Minister and the Minister approves it.

Expiry

of review period

(7) If

the Minister does not approve, reject or return the by-law for further

consideration within 60 days after it is delivered to the Minister, the by-law

becomes effective on the 75th day after it is delivered or on such later date

as the by-law may provide.

Financial

by-laws

(8) The

following apply with respect to a by-law relating to borrowing, investing or

managing financial risks:

1. Subsections

(4) to (7) do not apply.

2. The

by-law does not take effect unless it is approved by the Minister and the

Minister of Finance.

3. The

by-law becomes effective upon being approved under paragraph 2 or on such later

date as the by-law provides.

Publication

(9) The

Corporation shall publish each by-law on its website as soon as practicable

after the by-law becomes effective.

Part

III of Legislation Act, 2006

(10) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to by-laws or resolutions made by the Corporation.

Minister’s

powers and duties re board

(1) The Minister may,

(

a) review

the activities of the Corporation and require it to provide reports and

information; and

(

b) issue

directives in writing to the board of directors in respect of the operations of

the Corporation.

Board

to comply

(2) If

the Minister issues a directive under clause (1) (b), the board shall, within

the time and in the manner specified by the Minister, comply with the

requirement and submit a report to the Minister respecting the compliance.

Part

III of Legislation Act, 2006

(3) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to directives issued by the Minister under clause (1) (b).

Chief

executive officer

(1) The Lieutenant Governor in Council, on the

recommendation of the Minister, shall appoint a chief executive officer of the Corporation

who shall be an employee of the Corporation.

Remuneration

and benefits

(2) The

Corporation shall pay remuneration and benefits to the chief executive officer

as is determined by the Lieutenant Governor in Council.

Responsibilities

(3) The

chief executive officer is responsible for the operations of the Corporation,

subject to the supervision and direction of the board of directors, and for

such other functions as may be assigned by the board.

Industry

advisory committees

(4) The

chief executive officer shall establish such industry advisory committees as

the chief executive officer considers necessary or advisable for the purpose of

advising the chief executive officer on matters relating to the objects of the

Corporation.

Same

(5) The

chief executive officer may establish terms of reference for the industry

advisory committees.

Board

meetings

(6) The

chief executive officer is entitled to attend and participate at any board

meeting but cannot vote.

Exception

(7) Despite

subsection (6), the board may exclude the chief executive officer from

attending any meeting if a matter to be discussed at the meeting involves the

position, performance or functions and duties of the chief executive officer.

Registrar

(1) The chief executive officer of the

Corporation is the Registrar of the Corporation.

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.

Registrar’s

functions

(3) The

functions of the Registrar for the purposes of this Act are,

(

a) to

issue, renew and amend certificates of qualification and issue and extend

provisional certificates of qualification;

(

b) to

establish apprenticeship programs for trades;

(

c) to

exercise such other powers and perform such other duties and functions as are

provided for in this Act or the regulations.

Register

47 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 in a compulsory trade pursuant to a registered

training agreement that is not suspended, and the name of the trade 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 qualification in a

compulsory trade and each compulsory trade for which the individual holds a

certificate of qualification;

(

c) the

name of each individual who holds a provisional certificate of qualification in

a compulsory trade and each compulsory trade for which the individual holds a provisional

certificate of qualification;

(

d) any

terms, conditions and limitations imposed on an individual’s certificate of qualification

or provisional certificate of qualification;

(

e) a

notation of every suspension or revocation of a certificate of qualification or

provisional certificate of qualification;

(

f) any

Red Seal endorsements for the trade issued by the Interprovincial Standards Red

Seal Program, if applicable; and

(

g) any

other information that is prescribed as information to be kept in the register.

Reports

Annual

report

(1) The Corporation shall prepare an annual

report, provide it to the Minister and make it available to the public.

Same

(2) The

Corporation shall comply with such directives as may be issued by the

Management Board of Cabinet with respect to,

(

a) the

form and content of the annual report;

(

b) when

to provide it to the Minister; and

(

c) when

and how to make it available to the public.

Same

(3) The

Corporation shall include such additional content in the annual report as the

Minister may require.

Tabling

of annual report

(4) The

Minister shall table the Corporation’s annual report in the Assembly and shall

comply with such directives as may be issued by the Management Board of Cabinet

with respect to when to table it.

Other

reports

(5) The

Corporation shall promptly give the Minister such other reports and information

as the Minister may require.

Revenue

and assets

(1) Despite

Part I of the Financial

Administration Act , the revenue and assets of the Corporation do not

form part of the Consolidated Revenue Fund.

Exceptions

(2) Despite

subsection (1), and subject to the regulations made under this Act, the

Corporation shall pay into the Consolidated Revenue Fund all money received by

the Corporation from administrative penalties.

Use

of revenues

(3) The

Corporation shall apply its revenues to carry out the objects of, and the

powers conferred and duties imposed on, the Corporation under this Act.

Approval

(4) The

Corporation shall not acquire, hold or dispose of any interest in real

property, except for renting office space, without the approval of the

Lieutenant Governor in Council.

Expenses,

expenditures and borrowing

(1) The Corporation may borrow money with the

approval, in writing, of the Minister and the Minister of Finance.

Same

(2) An

approval under subsection (1) may be subject to such conditions as any minister

granting the approval considers advisable.

Co-ordination

of certain financial activities

(3) The

Ontario Financing Authority shall co-ordinate and arrange all borrowing,

investing of funds and managing of financial risks of the Corporation.

Same

(4) The

Minister of Finance may, in writing, direct a person other than the Ontario

Financing Authority to perform the functions referred to in subsection (3).

Direction

of Minister of Finance

(5) A

direction of the Minister of Finance under subsection (4) may be general or

considers advisable.

Non-application

of Legislation Act, 2006 ,

Part III

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a direction issued under subsection (5).

Payment

of judgments against Corporation

51 The Minister of Finance shall pay from the Consolidated

Revenue Fund the amount of any judgment against the Corporation that remains

unpaid after the Corporation has made reasonable efforts, including liquidating

assets, to pay the amount of the judgment.

Budget

and other financial statements

(1) On or before March 31 in each year, or

another date specified by the Minister, the Corporation shall submit its budget

for the following fiscal year, or for any other period of time specified by the

Minister, to the Minister for his or her approval.

Form

and content of budget

(2) The

budget shall be in the form required by the Minister.

Annual

financial statements

(3) The

Corporation shall prepare audited financial statements annually for the

previous fiscal year.

Fiscal

year

(4) The

fiscal year of the Corporation begins on April 1 in a year and ends on March 31

in the following year.

Audit

(1) The Corporation’s board of directors shall

select one or more licensed public accountants to audit the accounts and

transactions of the Corporation for the previous fiscal year.

Auditor

General

(2) The

Auditor General may also audit the accounts and transactions of the Corporation

for any fiscal year.

Minister-appointed

auditor

(3) The

Minister may at any time appoint a licensed public accountant, other than the

person selected under subsection (1), to audit the accounts and transactions of

the Corporation for any period of time specified by the Minister.

Same

(4) If

the Auditor General conducts an audit under subsection (2) or the Minister

appoints an auditor under subsection (3), the Corporation shall give the

Auditor General or auditor and employees of the Auditor General or auditor

access to all records and other information required to conduct the audit.

Provincial funding of Corporation

(1) The Lieutenant Governor in Council may raise

by way of loan in the manner provided by the Financial

Administration Act such sums as the Lieutenant Governor in Council

considers necessary for the purposes of this Act.

Province

may make loans

(2) The

Lieutenant Governor in Council may by order authorize the Minister of Finance

to make loans to the Corporation, including loans of the sums raised under

determine.

Payment

from Consolidated Revenue Fund

(3) The

Minister of Finance shall pay from the Consolidated Revenue Fund any amount

required for the purpose of subsection (2).

Limits

(4) The

total of the amounts of loans made under subsection (2) shall not exceed the

amount that may be specified by the Lieutenant Governor in Council as the

maximum principal amount that may be advanced, purchased or outstanding at any

specified by the Lieutenant Governor in Council.

Miscellaneous

personal liability, Crown officials

(1) No cause of action arises against any of the

following individuals as a result of any act done in good faith in the exercise

or performance or intended exercise or performance of their duties or powers

under this Act, the regulations or directives made under this Act or any

alleged neglect or default in the performance in good faith of such duties or

powers:

1. A

member of the Executive Council, including the Minister.

2. The

Deputy Minister.

3. An

employee, officer or agent of the Crown.

Crown

liability for Crown officials

(2) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject.

Loss

of status as Crown official

(3) A

person mentioned in subsection (1) who accepts employment in or assignment to

the Corporation, including appointment as a director of the Corporation, is

deemed not to be an employee, officer or agent of the Crown for the purposes of

this Act during the period of the employment or assignment, as the case may be,

in respect of any act or omission relating to the employment or assignment.

Crown liability, individuals other than Crown officials

56 No cause of action arises against the Crown, or any person

mentioned in subsection 55 (1), as a direct or indirect result of any act or

omission of a person who is not a person mentioned in subsection 55 (1) if the

act or omission is related, directly or indirectly, to the exercise or performance

or intended exercise or performance of a duty or power under this Act, the

regulations or directives made under this Act.

personal liability, Corporation officials

(1) No cause of action arises against any of the

following individuals as a result of any act done in good faith in the exercise

or performance or intended exercise or performance of their duties or powers

under this Act, the regulations or directives made under this Act or the

Corporation’s by-laws or any alleged neglect or default in the performance in

good faith of such duties or powers:

1. The

chief executive officer of the Corporation.

2. The

chair or vice-chair of the board of directors of the Corporation.

3. A

director or an officer of the Corporation.

4. A

person whom the Corporation employs or whose services the Corporation retains

in accordance with this Act.

5. An

agent of the Corporation.

Liability

of corporation for corporation officials

(2) Subsection

(1) does not relieve the Corporation of liability to which it would otherwise

be subject in respect of the acts or omissions of a person mentioned in

subsection (1).

Proceedings

barred

(1) No proceeding, including but not limited to

any proceeding in contract, restitution, tort or trust, shall be instituted

against,

(

a) any

person mentioned in subsection 55 (1) in respect of a matter referred to in

that subsection;

(

b) any

person, including the Crown, mentioned in

section 56 in respect of a matter

referred to in that section; or

(

c) any

person mentioned in subsection 57 (1) in respect of a matter referred to in

that subsection.

Application

(2) Without

limiting the generality of subsection (1), that subsection applies to any

proceeding, including a court, administrative or arbitral proceeding, claiming

any remedy or relief, including specific performance, injunction, declaratory

relief, any form of compensation or damages, including loss of revenue and loss

of profit, or any other remedy or relief, and includes a proceeding to enforce a

judgment, order or award made by a court, tribunal or arbitrator outside of

Canada.

Same

(3) Subsection

57 (1) and subsection (2) of this

section do not relieve the Corporation of any

liability to which it would otherwise be subject in respect of the acts or

omissions of a person mentioned in subsection 57 (1).

Same

(4) This

section does not apply to prevent an application for judicial review.

Interpretation,

former officials

59 Except for the purposes of subsection 55 (3), a reference

in sections 55, 56, 57 and 58 to an officer, employee, agent or other official

includes reference to a former officer, employee, agent or other official in

relation to the exercise of powers and the performance of duties and functions

in his or her capacity as an officer, employee, agent or other official.

Conflict

with Statutory Powers Procedure Act

60 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

(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

Collection

of information by Minister

(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.

2. Ensuring

compliance with this Act and the regulations.

3. Planning

or delivering programs or services in relation to trades 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 and apprenticeship that the

Ministry provides or funds, in whole or in part.

5. Any

other prescribed matters related to apprenticeship or trades, whether or not the

trades are prescribed as trades for the purposes of this Act.

Collection

of information by Corporation

(2) The

Corporation 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, the regulations and the Corporation’s by-laws.

2. Planning

or delivering programs or services in relation to trades and apprenticeship,

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.

3. Risk

management, error management or activities to improve or maintain the quality

of the programs or services in relation to trades and apprenticeship that the

Corporation provides.

4. Any

other prescribed matters related to apprenticeship or trades, whether or not the

trades are prescribed as trades for the purposes of this Act.

Disclosure

(3) 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. The

Corporation.

5. Other

prescribed persons.

Same

(4) The

Minister may specify the time at which, and the form in which, the information

must be provided.

Limits

on collection, use and disclosure

(1) The Minister and the Corporation shall not

collect, use or disclose personal information under

section 62 if other

information will serve the purpose of the collection, use or disclosure.

Same

(2) The

Minister and the Corporation shall not collect, use or disclose more personal

information than is reasonably necessary to meet the purpose of the collection,

use or disclosure.

Notice

required by s. 39 (2) of FIPPA

(3) If

the Minister or the Corporation collects personal information indirectly under

subsection (1), without limiting the 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.

Same

(4) A

notice given in the manner described in subsection (3) is deemed to comply with

subsection 39 (2) of the

Freedom

of Information and Protection of Privacy Act.

Disclosure,

Minister

(5) The Minister may disclose personal information that

is collected for the purposes of administering this Act and that is under the

control of the ministry,

(

a) to

any person employed in the administration of similar legislation in another

province or territory of Canada;

(

b) to

any person for the purpose of administering the Act or fulfilling the

Minister’s functions under the Act; or

(

c) to

any person if, in the opinion of the Minister, the disclosure or communication

would clearly benefit the individual who is the subject of the information.

Disclosure,

Corporation

(6) With the approval of the chief executive officer,

the Corporation may disclose personal information that is collected for the

purposes of administering this Act and that is under the control of the

Corporation,

(

a) to

any person employed in the administration of similar legislation in another

province or territory of Canada;

(

b) to

any person for the purpose of administering the Act or fulfilling the

Corporation’s functions under the Act; or

(

c) to

any person if, in the opinion of the chief executive officer, the disclosure or

communication would clearly benefit the individual who is the subject of the

information.

Reports

and information

64 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. The

Corporation.

3. Other

prescribed persons.

Regulations,

Minister

(1) The Minister may make regulations governing

anything the Minister considers necessary or advisable for the effective

administration and implementation of this Act, including regulations,

(

a) prescribing a trade as a trade for the

purposes of this Act;

(

b) classifying

a trade as a compulsory trade for the purposes of this Act;

(

c) prescribing

the criteria and the process to be used to determine whether or not a trade

should be classified or continue to be classified as a compulsory trade;

(

d) prescribing

the scope of practice for a trade;

(

e) prescribing

what constitutes engaging in the practice of a trade or a compulsory trade;

(

f) prescribing

trades for which a certifying examination is required;

(

g) governing

what constitutes proof of certification for the purposes of subsection 9 (1) or

proof of apprenticeship for the purposes of subsection 9 (2);

(

h) designating

persons by name, job title or otherwise who are authorized to request proof of

a certificate of qualification, provisional certificate of qualification or

proof of apprenticeship;

(

i) governing

certificates of qualification and provisional certificates of qualification,

including,

(

i) applications for certificates, the

issuance, renewal and extension of certificates, and criteria for obtaining a

certificate or a renewal or extension of a certificate,

(ii) the term for which a certificate may be

issued, renewed or extended, including providing for different terms depending

on the trade,

(iii) the imposition of terms, conditions and

limitations on certificates,

(iv) the suspension and revocation of

certificates, including the circumstances in which certificates may be

suspended or revoked,

(

v) other actions that may be taken in relation

to certificates of qualification and provisional certificates of qualification;

(

j) prescribing

other certificates that may be issued by the Registrar;

(

k) governing

apprenticeship programs, including with respect to on-the-job training

standards, in-class curriculum standards, examinations and other requirements;

(

l) governing

certificates of apprenticeship, including the revocation of certificates of

apprenticeship and the circumstances in which they may be revoked;

(

m) 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;

(

n) 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 required as part of an apprenticeship program, subject to

such conditions and restrictions as may be specified in the regulations;

(

o) governing

apprentice to journeyperson ratios, including,

(

i) prescribing

a trade as being subject to an apprentice to journeyperson ratio,

(ii) prescribing

that a different apprentice to journeyperson ratio applies for a trade than the

ratio set out in

section 8,

(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,

(iv) governing

the determination of compliance with an apprentice to journeyperson ratio set

out in

section 8 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;

(

p) setting

out a compliance and enforcement framework;

(

q) governing

the public register;

(

r) prescribing

alternative methods for serving a notice or document;

(

s) providing

that a different time period or deadline shall apply instead of a time period

or deadline specified in this Act;

(

t) exempting

any person from any provision of this Act or the regulations;

(

u) prescribing

or otherwise providing for anything required or permitted under this Act to be

prescribed or otherwise provided for in the regulations, other than anything

referred to in

section 66, including governing anything required or permitted

to be done in accordance with the regulations.

Regulations,

transitional

(2) 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 or relating to amendments

to this Act, 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

for any transitional matter that may arise in connection with a trade no longer

being prescribed as a trade for the purpose of this Act or no longer being

classified as a compulsory trade;

(

e) governing

proceedings under

Part V of the Ontario College of Trades

and Apprenticeship Act, 2009 or relating to administrative penalties

under

Part VIII.1 of that Act that are outstanding on the day subsection 38

(1) of this Act comes into force.

Conflict

(3) In

the event of a conflict between a regulation made under subsection (2) and this

Act or the Ontario College of Trades and Apprenticeship

Act, 2009 ,

the regulation prevails.

Regulations,

Lieutenant Governor in Council

66 The Lieutenant Governor in Council may make regulations,

(

a) prescribing

additional powers, duties or functions of the Minister for the purposes of

clause 2 (k);

(

b) governing

hearings under sections 12, 15 and 19, including prescribing the person or body

who shall conduct hearings, the process for conducting hearings and the period

within which a hearing must be requested;

(

c) governing

inspections and investigations under this Act, including prescribing additional

powers and duties of inspectors;

(

d) governing

compliance orders, including governing their content and when they may be

amended or revoked;

(

e) governing

administrative penalties and all matters necessary and incidental to the

administration of a system of administrative penalties under this Act;

(

f) prescribing

additional objects of the Corporation;

(

g) respecting

the application of the Corporations Act and the Corporations Information Act to the Corporation;

(

h) prescribing

powers of the board of the Corporation that cannot be delegated to a committee

of the board;

(

i) prescribing

additional powers, duties or functions of the Registrar for the purposes of

clause 46 (3) (c);

(

j) prescribing

matters for the purposes of paragraph 5 of subsection 62 (1) and paragraph 4 of

subsection 62 (2);

(

k) prescribing

persons who may be required by the Minister to disclose information to the

Minister under subsection 62 (3);

(

l) governing

reports and information that may be required under

section 64, including

prescribing persons to whom

section 64 applies;

(

m) 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;

(

n) 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.

Amendments to this Act, Repeal, Commencement and Short

Title

Amendments

to this Act

(1) Clauses 2 (e), (

f) and (

g) of this

Act are repealed.

(2) Sections

15 and 16 of this Act are repealed and the following substituted:

Registered

training agreements

(1) The Registrar shall register a training

agreement under which an individual is to receive training in a trade 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;

(

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 prescribed criteria 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 the registered training agreement,

(ii) made

a false or misleading statement, representation or declaration in or in

connection with their application for the registration of the agreement, or

(iii) 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) or (ii), 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 prescribed person or body if,

within 15 days after service of the notice, a party serves a written request

for a hearing on the prescribed person or body.

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 prescribed person or body shall hold a hearing.

Same

(8) The

hearing shall be conducted in accordance with the regulations, if any.

Certificate

of apprenticeship

(1) The Registrar shall issue a certificate of

apprenticeship, in a form determined by the Registrar, to an individual who

successfully completes an apprenticeship program.

Revocation

of certificate

(2) The

Registrar may revoke a certificate of apprenticeship if, in the Registrar’s opinion,

(

a) the

individual did not successfully complete an apprenticeship program;

(

b) the

individual made a false or misleading statement, representation or declaration

in or in connection with the completion of their apprenticeship program; or

(

c) any

other circumstance specified in the regulations exists.

(3) Subsection

17 (1) of this Act is amended by striking out “if the Minister” and

substituting “if the Registrar”

(4) Subsection

38 (4) of this Act is amended by striking out “ Corporations

Act ” and substituting “ Not-for-Profit Corporations

Act, 2010 ”.

(5) Section

40 of this Act is amended by adding the following paragraphs:

1.1 To

register training agreements.

1.2 To

administer examinations, including certifying examinations.

(6) Subsection

46 (3) of this Act is amended by adding the following clauses:

(b.1) to

register training agreements;

(b.2) to

administer examinations, including certifying examinations;

(b.3) to

provide those who successfully complete an apprenticeship program with a

certificate of apprenticeship;

Infrastructure

for Jobs and Prosperity Act, 2015

68 (1) Subsection 9 (1) of the Infrastructure for Jobs and Prosperity

Act, 2015 is repealed and the following substituted:

Requirements

re apprentices

Definitions

(1) In this section,

“apprentice”

means an apprentice as defined in

section 1 of the Building

Opportunities in the Skilled Trades Act, 2021 ; (“apprenti”)

“registered

training agreement” means a registered training agreement as defined in

section

1 of the Building Opportunities in the Skilled Trades Act,

2021 ; (“contrat d’apprentissage enregistré”)

“trade”

means a trade as defined in

section 1 of the Building

Opportunities in the Skilled Trades Act, 2021 . (“métier”)

(2) Subsection

9 (7) of the Act is repealed and the following substituted:

Obligations

regarding ratios

(7) For

greater certainty, information included in a commitment or plan provided for

the purposes of this

section must conform to any applicable requirements

respecting apprentice to journeyperson ratios set out under the Building Opportunities in the Skilled Trades Act, 2021 .

Ontario

College of Trades and Apprenticeship Act, 2009

(1) Clauses 87.0.3 (1) (

e) and (

f) of the Ontario College of Trades and Apprenticeship Act, 2009

are repealed.

(2) Subsection

87.0.3 (2) of the Act is repealed.

Modernizing

the Skilled Trades and Apprenticeship Act, 2019

70 The Modernizing the Skilled Trades

and Apprenticeship Act, 2019 is repealed.

Protecting

What Matters Most Act (Budget Measures), 2019

Section 63 of

Schedule 40 to the Protecting

What Matters Most Act (Budget Measures), 2019 is repealed.

Commencement

(1) Subject to subsections (2) and (3), this Act

comes into force on a day to be named by proclamation of the Lieutenant

Governor.

(2) Subsection

67 (4) comes into force on the later of the day subsection 38 (4) of this Act

comes into force and the day subsection 4 (1) of the Not-for-Profit

Corporations Act, 2010 comes into force.

(3) Sections

69 and 71 come into force on the day this Act receives Royal Assent.

Short

title

73 The

short title of this Act is the Building

Opportunities in the Skilled Trades Act, 2021 .

Bill 288 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

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.

Bill 288 2021

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

CONTENTS

General

Definitions

Minister’s

functions

Other

powers of Minister

Delegation

to employee

Scope of Practice and

Compulsory Trades

Scope

of practice

Practice,

compulsory trades

Work

of compulsory trades

Ratio

Proof

of certificate

Certificates of Qualification

Certificate

of qualification

Terms,

conditions, limitations

Suspension,

revocation, other actions

Other

certificates

Apprenticeship

Apprenticeship

program

Registered

training agreements

Certificate

of apprenticeship

Provisional

certificates of qualification

Terms,

conditions, limitations

Suspension,

revocation, other actions

Inspections and Investigations

Inspections

and investigations

Entries

and searches by warrant: inspections and investigations

Return

of things

Admissibility

of certain documents

Compliance

Compliance

and enforcement framework

Compliance

and Enforcement Committee

Compliance

orders

Administrative Penalties

Notice

of contravention

Review

Ontario

Labour Relations Board’s decision

Settlement

through labour relations officer

Enforcement

of administrative penalty

Crown

debt

Minister

may authorize collector

Fees

and disbursements

Settlement

by collector

Publication

Offences

Offences

Skilled Trades Ontario

Skilled

Trades Ontario

Powers

Objects

Board

of directors

Powers

and duties of the board

By-laws

Minister’s

powers and duties re board

Chief

executive officer

Registrar

Register

Reports

Revenue

and assets

Expenses,

expenditures and borrowing

Payment

of judgments against Corporation

Budget

and other financial statements

Audit

Provincial

funding of Corporation

Miscellaneous

personal liability, Crown officials

Crown liability, individuals other than Crown officials

personal liability, Corporation officials

Proceedings

barred

Interpretation,

former officials

Conflict

with Statutory Powers Procedure Act

Service

of notice or document

Personal

information

Limits

on collection, use and disclosure

Reports

and information

Regulations,

Minister

Regulations,

Lieutenant Governor in Council

Amendments to this Act, Repeal,

Commencement and

Short Title

Amendments

to this Act

Infrastructure

for Jobs and Prosperity Act, 2015

Ontario

College of Trades and Apprenticeship Act, 2009

Modernizing

the Skilled Trades and Apprenticeship Act, 2019

Protecting

What Matters Most Act (Budget Measures), 2019

Commencement

Short

title

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

(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

(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

(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

(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

section 6, 7 or 8, 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 of Qualification

Certificate

of qualification

(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 to those required to

obtain such a certificate;

(

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.

Extension

of certificate pending renewal

(3) If

an individual who holds a certificate of qualification in a compulsory trade

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,

(

a) until

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 or body makes a decision.

Renewal

(4) The

Registrar shall renew an individual’s certificate of qualification in a

compulsory trade in a form determined by the Registrar, if the individual,

(

a) submits

a completed application and pays any required fee for the application; and

(

b) meets

any other prescribed criteria.

Term

of certificate

(5) A

certificate of qualification in a compulsory trade issued under subsection

(2) or renewed under subsection (4) shall have the prescribed term, or if no term

is prescribed, a term of three years.

Expiry

(6) A

certificate of qualification in a compulsory trade expires at the end of its

term.

Terms,

conditions, limitations

(1) A certificate of qualification is subject to

any terms, conditions and limitations imposed on it by the Registrar.

Same

(2) Upon

issuing or renewing a certificate of qualification, or at any other time, the

Registrar may impose on the certificate the terms, conditions and limitations

that the Registrar considers appropriate.

Amendment

of terms, conditions and limitations

(3) The

Registrar may at any time amend the terms, conditions and limitations imposed

on a certificate of qualification.

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 qualification is subject to the

regulations, if any.

Suspension,

revocation, other actions

(1) The Registrar may suspend or revoke a

certificate of qualification if, in the Registrar’s opinion,

(

a) any

of the criteria in subsection 10 (2) or (4) were not met at the time the

application for the issuance or renewal of the certificate was made;

(

b) 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 or renewal of the certificate; or

(

c) any

other circumstance specified in the regulations exists.

Proposed

refusal, terms, suspension, etc.

(2) If

the Registrar proposes to,

(

a) impose

or amend terms, conditions or limitations on a certificate of qualification;

(

b) suspend

or revoke a certificate of qualification;

(

c) refuse

to issue or renew a certificate of qualification; or

(

d) take

any other action relating to the certificate of qualification that is set out

in the regulations,

the

Registrar shall notify the applicant or the individual who holds the

certificate in writing of the proposed action.

Same

(3) 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 or body if, within 15 days after service

of the notice, the applicant or individual serves a written request for a

hearing on the prescribed person or body.

hearing

(4) If

the applicant or the individual who holds the certificate does not request a

hearing in accordance with subsection (3), the Registrar may carry out the

proposed action.

Hearing

(5) Where

the applicant or the individual who holds the certificate serves a written

request for a hearing under subsection (3), the prescribed person or body shall

hold a hearing.

Same

(6) The

hearing shall be conducted in accordance with the regulations, if any.

Other

certificates

(1) The Registrar may issue such other

certificates as may be prescribed.

Conditions,

suspension, revocation

(2) Section

12 applies to other certificates issued under subsection (1), with the

necessary modifications.

Apprenticeship

Apprenticeship

program

(1) The Registrar shall establish an

apprenticeship program for each trade, which may include on-the-job training

standards, in-class curriculum standards, examinations and other requirements.

Same

(2) An

apprenticeship program for a trade shall correspond to the scope of practice

prescribed for that trade.

In-class

training

(3) The

Minister may approve persons to provide in-class training for apprenticeship

programs.

Same

(4) A

person who has been approved to provide in-class training for an apprenticeship

program must provide training in accordance with the requirements of the

program.

Registered

training agreements

(1) The Minister shall register a

training agreement under which an individual is to receive training in a trade

required as part of an apprenticeship program if,

(

a) the

individual to receive the training is at least 16 years old;

(

b) if

any academic standards or sponsor criteria are prescribed, the standards and criteria

are satisfied;

(

c) the

individual submits a completed application for registration and pays any

required fee for the application; and

(

d) any

other prescribed criteria are satisfied.

Revocation

on request

(2) The

Minister may revoke the registration of a registered training agreement on the

written request of a party to the agreement.

Suspension

or revocation

(3) The

Minister may suspend or revoke the registration of a registered training

agreement if, in the Minister’s opinion,

(

a) a

party to the agreement,

(

i) has

failed to comply with the registered training agreement,

(ii) made

a false or misleading statement, representation or declaration in or in

connection with their application for the registration of the agreement, or

(iii) is

deceased or no longer exists; or

(

b) any

other circumstance specified in the regulations exists.

Notice

(4) If

the Minister proposes to suspend or revoke the registration of an agreement

under subclause (3) (a) (

i) or (ii), the Minister 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 prescribed person or body if,

within 15 days after service of the notice, a party serves a written request

for a hearing on the prescribed person or body.

hearing

(6) If

the parties do not request a hearing in accordance with subsection (5), the

Minister 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 prescribed person or body shall hold a hearing.

Same

(8) The

hearing shall be conducted in accordance with the regulations, if any.

Fees

(9) The

Minister may establish and collect fees for applications made under this Act,

for examinations required under this Act, or for any other power of the

Minister that is exercised or any duty or function that is performed in

connection with this Act or the regulations.

Certificate

of apprenticeship

(1) The Minister shall issue a certificate of

apprenticeship, in a form determined by the Minister, to an individual who

successfully completes an apprenticeship program.

Revocation

of certificate

(2) The

Minister may revoke an individual’s certificate of apprenticeship if, in the

Minister’s opinion,

(

a) the

individual did not successfully complete an apprenticeship program;

(

b) the

individual made a false or misleading statement, representation or declaration

in or in connection with the completion of their apprenticeship program; or

(

c) any

other circumstance specified in the regulations exists.

Provisional

certificates of qualification

(1) If the Minister issues a certificate of

apprenticeship to an individual in a trade for which a certifying exam is

required, the Registrar shall provide the individual with a provisional

certificate of qualification in that trade.

Term

of certificate

(2) A

provisional certificate of qualification shall have the prescribed term or, if

no term is prescribed, a term of one year.

Extension

(3) An

individual who holds a provisional certificate of qualification 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.

Expiry

(4) A

provisional certificate of qualification expires at the end of its term or its

extended term.

Terms,

conditions, limitations

(1) A provisional certificate of qualification

is subject to any terms, conditions and limitations imposed on it by the

Registrar.

Same

(2) Upon

issuing or extending a provisional certificate of qualification or at any other

time, the Registrar may impose on the certificate the terms, conditions and

limitations that the Registrar considers appropriate.

Amendment

of terms, conditions and limitations

(3) The

Registrar may at any time amend the terms, conditions and limitations imposed

on a provisional certificate of qualification.

Subject

to regulations

(4) The

Registrar’s authority under subsections (2) and (3) to impose or amend terms,

conditions and limitations on a provisional certificate of qualification is

subject to the regulations, if any.

Suspension,

revocation, other actions

(1) The Registrar may suspend or revoke an

individual’s provisional certificate of qualification if, in the Registrar’s

opinion,

(

a) the

individual did not successfully complete an apprenticeship program;

(

b) the

individual made a false or misleading statement, representation or declaration

in connection with the completion of their apprenticeship program; or

(

c) any

other circumstance specified in the regulations exists.

Proposed

refusal, terms, suspension, etc.

(2) If

the Registrar proposes to,

(

a) impose

or amend terms, conditions or limitations on a provisional certificate of

qualification;

(

b) suspend

or revoke a provisional certificate of qualification;

(

c) refuse

to issue or extend a provisional certificate of qualification; or

(

d) take

any other action relating to the provisional certificate of qualification that

is set out in the regulations,

the

Registrar shall notify the applicant or individual who holds the certificate in

writing of the proposed action.

Same

(3) 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 or body if, within 15 days after service

of the notice, the applicant or individual serves a written request for a

hearing on the prescribed person or body.

hearing

(4) If

the applicant or the individual who holds the certificate does not request a

hearing in accordance with subsection (3), the Registrar may carry out the proposed

action.

Hearing

(5) Where

the applicant or the individual who holds the certificate serves a written

request for a hearing under subsection (3), the prescribed person or body shall

hold a hearing.

Same

(6) The

hearing shall be conducted in accordance with the regulations, if any.

Inspections and Investigations

Inspections

and investigations

(1) The Deputy Minister may appoint inspectors

for the purposes of,

(

a) determining

compliance with

section 6, 7 or 8 or any other provision of this Act or the

regulations;

(

b) determining

whether apprentices are receiving training in accordance with a registered

training agreement and with any requirements of an apprenticeship program;

(

c) determining

whether a person who has been approved to provide in-class training for an

apprenticeship program is providing training in accordance with the requirements

of the program; and

(

d) determining

compliance with a compliance order.

Director

(2) The

Deputy Minister may designate one or more inspectors as a Director or

Directors.

Certificate

of appointment

(3) The

Deputy Minister shall issue a certificate of appointment, bearing his or her

signature or a facsimile thereof, to every inspector.

Production

of certificate

(4) Every

inspector, in the exercise of any powers or performance of any duties under

this Act, shall produce his or her certificate of appointment upon request.

Powers

on inspection or investigation

(5) 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

(6) A

photograph or recording made under clause (5) (

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

(7) An

inspector shall have the powers and duties set out in this Act and such other

powers and duties as may be prescribed.

Same,

compliance and enforcement framework

(8) An

inspector shall exercise their powers and perform their duties in accordance

with the compliance and enforcement framework referred to in

section 24, if

any.

Written

demand

(9) 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

(10) 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

(11) 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

(12) Subsection

(11) does not authorize entry of a dwelling without the consent of the

occupier.

Entries

and searches by warrant: inspections and investigations

(1) On the application, made without notice, of

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 20 (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

22 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

23 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.

Compliance

Compliance

and enforcement framework

(1) The Minister may make regulations setting

out a compliance and enforceme