Appendices

Appendix 1: Dean review terms of reference

1. Background

The Government of Ontario is committed to supporting the Ontario College of Trades (College). In the 2014 Plan for Ontario (“Opportunity for All: A Jobs and Investment Plan for Ontario”), the Premier made the following platform commitment:

To support the success of the College of Trades as it moves into its second year, we will appoint a special advisor to review the College’s application process and scope of practice of trades, including how the scope of practice relates to enforcement. We will pause the certification of new compulsory trades during this review.

In light of his credentials and experience, and following thoughtful and careful consideration, Tony Dean is being appointed as Reviewer by the Lieutenant Governor in Council.

The College was established to give skilled tradespeople a voice and control over their own industries. The analysis, advice and recommendations of the Reviewer will support the continued success of the College and help modernize the skilled trades system in Ontario and maximize the effectiveness of the College in carrying out its objects and functions and fulfilling its duty to serve and protect the public interest under the Ontario College of Trades and Apprenticeship Act (OCTAA).

2. Mandate of the reviewer

1. The Reviewer will provide the Minister of Training, Colleges and Universities (Minister), in consultation with the College, with analysis, advice and recommendations during the term of the appointment on:
   1. opportunities to clarify and improve:
      1. the manner in which the College makes decisions on issues related to scopes of practice of trades and how scopes of practice are used to support the performance of objects and functions under OCTAA that include, but are not limited to, the following:
         • enforcement of the prohibitions in Part II of OCTAA, including but not limited to decisions regarding skill overlaps between scopes of practice
         • establishment of apprenticeship programs
         • review and amendment of scopes of practice
         • the process and criteria prescribed in Ontario Regulation 458/11 – Reviews Under Part IX of the Act under OCTAA, including the process and criteria for the classification or reclassification of trades as compulsory or voluntary; and
      2. what consideration the College should give, if any, to the decisions made by the Ontario Labour Relations Board (OLRB) in jurisdictional or work assignment disputes under the Labour Relations Act, 1995 (LRA).
2. The Reviewer will develop a detailed work plan in consultation with identified Ministry of Training, Colleges and Universities (ministry) and College staff.
3. In carrying out the mandate, the Reviewer will:
   1. act impartially and independently from the Government of Ontario and the College; and,
   2. be cognizant of the College's objects and functions under OCTAA, as well as its duty to serve and protect the public interest in carrying out those objects and functions.

3. Support

The ministry and College will provide such administrative support to the Reviewer as agreed upon by the ministry, College and the Reviewer. The Reviewer will be able to access outside expertise, as approved by the Minister or his designate, and in accordance with relevant directives, guidelines and policies of the Treasury Board/ Management Board of Cabinet and the Ministry of the Attorney General.

4. Status reports and meetings

The Reviewer will:

• Provide regular progress reports to identified senior ministry and College staff as outlined in the detailed work plan. Such reports will include stakeholder consultation activities;
• Provide any interim analysis, advice and recommendations relating to the mandate that could provide assistance to the minister, deputy minister, the Chair of the College’s Board of Governors (Chair of the Board) and Chief Executive Officer/ Registrar prior to the submission of the final report;
• Meet with the minister, deputy minister, Chair of the Board and Chief Executive Officer/Registrar at the discretion of the minister and Chair of the Board to discuss the progress of the review and emerging issues and ideas; and
• Meet with ministry and College staff at the discretion of ministry and senior College staff to receive briefings about matters relevant to the review, as well as relevant information and documentation.

5. Final report

The Reviewer will submit a draft final report, which fully addresses the mandate of the reviewer, to identified senior ministry and College staff no later than August 2015, to enable the ministry and the College to provide any factual or editorial comments or corrections. The Reviewer’s draft final report will contain evidence-based analysis, advice and recommendations on the areas under review, in addition to a high-level implementation plan for any recommendations made.

The Reviewer will submit the final report, which fully addresses the mandate of the Reviewer, to the minister, deputy minister, Chair of the Board and Chief Executive Officer/Registrar no later than October 2015.

6. Ownership of work

All work produced by the Reviewer is the property of the Crown in right of Ontario.

7. Term

These Terms of Reference will be in effect during the term of the appointment of the Reviewer and may be amended by a document in writing, dated and signed by the minister (in consultation with the College) and the Reviewer.

8. Release of report

The Reviewer will not disclose any findings or proposed or final recommendations without the prior written authorization of the Minister. The Minister will release the final report to the public.

Appendix 2: Dean review consultation questionnaire

Section A — The public interest in this review

1. What do you understand by public interest?
2. Who should the College serve? Who is the public in the public interest, and what groups make up the public?
3. How should the College make decisions in the public interest where different segments of the public may have opposing interests?
4. Is the College currently protecting the public interest?
5. How should the College advance the public interest?

Section B — Issues related to scopes of practice (SoPs)

6. What impact do SoPs in regulation have on your daily work activities or on the way you conduct business? What aspects of an SoP are important to the work of your trade? Please explain.
7. Do you agree with the suggestion that trades may have core elements as well as peripheral elements?
8. What should be the key elements of an SoP? In particular, should the SoP for a trade list all of the tasks, activities or functions in which an apprentice should be trained, only those that are unique to the trade, or only those that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.
9. How should a review or change in SoP be carried out?
10. Can or should the existing SoP provisions support the College’s diverse functions (e.g., apprenticeship training, enforcement, classification reviews)? Please explain.
11. Should the entire SoP for a compulsory trade be enforceable or be subject to enforcement? Please explain.
12. Could the College benefit from a distinct list of compulsory activities that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.
13. What is your understanding of what an overlap between SoPs is?
14. Do overlaps between SoPs in regulation have an impact on your daily work or on the way you conduct business? Please explain.
15. Does the application of the third legal interpretation principle on overlapping SoPs pose a risk of harm to the public, tradespeople or other workers on the job? Please explain. If so, what can and should be done about it?

Section C — Classification or reclassification of trades as compulsory or voluntary

16. What makes a compulsory trade compulsory and what makes a voluntary trade voluntary?
17. Is the current classification of trades as either compulsory or voluntary aligned with the College’s duty to serve and protect the public interest?
18. Is it reasonable to assume that there may be elements in the SoP for a trade that are inherently hazardous or that may pose a risk of harm to the public, tradespeople, or other workers on the job?
19. Could compulsory certification be limited to either the core elements of a trade or those tasks, activities or functions that may pose a risk of harm to the public, tradespeople or other workers on the job? What kind of impact would these approaches have on your daily work or on the way you conduct business?
20. Should the College continue to rely on an adjudicative review panel approach (i.e., the Ontario Labour Relations Board model) or should a different model be considered? Please explain.
21. How should expert opinion be obtained?
22. Are the current criteria for trade classification reviews set out in Ontario Regulation 458/11 consistent with the public interest? Please explain.
23. Are the criteria specific, clear and measurable enough to inform you of what data and evidence are needed to meet those criteria?
24. Are the existing criteria the right criteria?

Section D — Decisions of the Ontario Labour Relations Board

25. Do the scopes of practice (SoPs) in regulation reflect the way in which work is actually assigned in your trade or sector?
26. Do you agree with the notion that most jurisdictional disputes arise from peripheral elements of the trades? Please explain.
27. What consideration should the College give, if any, to the decisions made by the OLRB in jurisdictional or work assignment disputes under the Labour Relations Act? If the College were to adopt the OLRB’s decisions, what impact would that have on your trade and the way you conduct business? Please explain.

Section E — General response and comments

28. Please provide additional comments below, if any.

Appendix 3: Dean review consultation participants

The following divisional boards, individuals and organizations participated in the province-wide consultations.

Divisional boards

• Motive Power
• Service

Individuals

• Peter Bagley
• Del Boudreau
• Trevor Cox
• John Elliott
• Robert Ferrier
• Patrick Hacon
• David Kavanagh
• Randy Lee
• Doug Leitch
• Tony Lorini
• Domenic Mattina
• Dale McDonald
• Chris McKaskell
• Michael Miller
• Brian Olsen
• David Parke
• Garwin Pitman
• Thomas Reid
• Daniel Riccio
• Timothy Ridley
• Frank Rizzuti
• Rolf VanderZwaag
• Peter Wynnyczuk

Organizations

• Associated Earth Movers of Ontario
• Automotive Aftermarket Retailers of Ontario
• Barrie Construction Association
• Boilermaker Contractors' Association
• Boilermakers National Training Trust Fund
• Canadian Farm Builders Association
• Canadian Manufacturers & Exporters
• Canadian Union of Public Employees Ontario
• Canadian Water Quality Institute
• Carpenters' District Council of Ontario, United Brotherhood of Carpenters and Joiners of America
• Chemistry Industry Association of Canada
• Christian Labour Association of Canada
• Coalition of Compulsory Trades in Construction
• Colleges Ontario
• Collision Industry Information Assistance
• Construction Labour Relations Association of Ontario
• Council of Ontario Construction Associations
• Curriculum Development Advisory Committee for the Welding Trades
• Electrical Contractors Association of Ontario
• Electrical Power Systems Construction Association
• Electrical Safety Authority
• Electricity Distributors Association
• Facca Incorporated
• Greater Durham Chamber of Commerce
• Greater Oshawa Chamber of Commerce
• Heating, Refrigeration and Air Conditioning Institute of Canada
• Heavy Construction Association of Toronto
• Human Resources Professionals Association
• Hydro One Networks Inc.
• Independent Unionized Landscape Contractors Association
• Interior Finishing Systems Training Centre
• Interior Systems Contractors Association of Ontario
• International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 736
• International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 786
• International Association of Machinists and Aerospace Workers
• International Association of Machinists and Aerospace Workers LL1120
• International Brotherhood of Boilermakers, Local 128 — Ontario
• International Brotherhood of Electrical Workers
• International Union of Painters and Allied Trades, District Council 46
• Iron Workers District Council of Ontario and Locals 700, 721, 736, 759, 765 and 786
• J & C Tool & Die Ltd.
• KD Clair Construction Ltd.
• Labourers' International Union of North America, Local 183
• Lanark Leeds Home Builders Association
• Landscape Ontario
• Labourers’ International Union of North America Canadian Tri-Fund
• Labourers’ International Union of North America Local 183
• Labourers’ International Union of North America Local 506
• Labourers’ International Union of North America Locals 625, 1059, 1089
• Masonry Contractors Association of Toronto
• Mechanical Contractors Association of Ontario
• Metropolitan Plumbing and Heating Contractors Association
• Midhurst Refrigeration Ltd.
• Millwright Regional Council of Ontario
• Ontario Chamber of Commerce
• Ontario Concrete and Drain Contractors Association
• Ontario Construction Secretariat
• Ontario Electrical League
• Ontario Erectors Association Inc.
• Ontario Formwork Association
• Ontario General Contractors Association
• Ontario Glazier Apprenticeship and Training Committee
• Ontario Hairstylists Association
• Ontario Home Builders’ Association
• Greater Ottawa Home Builders' Association
• Hamilton Halton Home Builders' Association
• Kingston Home Builders’ Association
• Lanark-Leeds Home Builders’ Association
• London Home Builders' Association
• Sarnia Lambton Home Builders' Association
• Sudbury & District Home Builders’ Association
• Thunder Bay Home Builders’ Association
• Toronto – Humber (Waterloo Home Builders’ Association/Stratford Area Builders Association)
• Toronto – Ryerson (BILD)
• Ontario Masonry Contractors' Association
• Ontario Painting Contractors Association
• Ontario Pipe Trades Council
• Ontario Sewer and Watermain Construction Association
• Ontario Sheet Metal Workers' and Roofers' Conference
• Ontario Skilled Trades Alliance
• Progressive Contractors Association of Canada
• Quinte West Chamber of Commerce
• Residential Carpentry Contractors Association of Greater Toronto
• Residential Construction Council of Ontario (RESCON)
• Residential Framing Contractors Association of Metropolitan Toronto and Vicinity
• Residential Low-Rise Forming Contractors of Metropolitan Toronto and Vicinity
• Residential Tile Contractors Association
• Sarnia Construction Association
• Sarnia Lambton Chamber of Commerce
• Technical Standards and Safety Authority
• The Canadian Federation of Independent Business
• The Greater Kingston Chamber of Commerce
• The Greater Sudbury Chamber of Commerce
• The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied and Industrial Services Workers International
• Thunder Bay Chamber of Commerce
• Toronto and Area Road Builders' Association
• Tri-Mach Group
• UA Local 787 Refrigeration Workers of Ontario and Independent
• Unifor
• Utility Contractor Association of Ontario
• Vale Canada Limited

Trade boards

Other individuals and groups

• MPP Garfield Dunlop
• MPPs Peggy Sattler and Monique Taylor
• Tim Armstrong, Chair, College of Trades Appointments Council
• Kevin Whitaker
• Bernie Fishbein, Chair, Ontario Labour Relations Board
• Hugh Laird, member, College of Trades Appointments Council Staff at the Ministry of Government and Consumer Services Staff at the Ministry of Health and Long-Term Care
• Staff at the Ministry of Labour

Appendix 4: Ontario College of Trades legal interpretation principles on overlapping scopes of practice

In order to determine whether section 2 (prohibition on engaging in the practice of a compulsory trade without being a member of the College) of the Ontario College of Trades and Apprenticeship Act, applies, it is necessary to consider whether an individual is engaged in the practice of a compulsory trade. Ontario Regulations 275/11, 276/11, 277/11 and 278/11 define the scopes of practice of each trade.

1. The practice of each trade involves engaging in work which is within the scope of practice of that trade. When the scope of practice of a compulsory trade is the only trade which contains particular work, then only a member of the College for that trade in the Journeyperson, Journeyperson Candidates or Apprentices Class may engage in that work.
2. When the work is contained in the scopes of practice of two or more compulsory trades, then only persons who are members of the College for one of those trades in the Journeypersons, Journeyperson Candidates or Apprentices Class may engage in that work.
3. When work is contained in the scope of practice of a compulsory trade and the scope of practice of a voluntary trade, then any person may engage in that work (even if the person is not engaging in the practice of the voluntary trade) and membership in the College is not required, provided that the person is not engaged in the practice of the compulsory trade while performing the work.

The College’s three legal interpretation principles on overlapping scopes of practice^{footnote 60[60]} maintain the status quo as they carry over the three principles on overlapping skills that the Ministry of Training, Colleges and Universities (MTCU) had developed and applied under the previous trades legislation in Ontario. MTCU’s principles were meant to provide a method for dealing with overlaps where an express exemption was not prescribed in regulation. In carrying over MTCU’s principles on overlapping skills, the College only updated them to reflect the new terminology in the Ontario College of Trades and Apprenticeship Act (OCTAA) as well as the College’s membership system. In particular, the College’s legal interpretation principles reflect the fact that only members in good standing in the College in a compulsory trade are able to engage in the practice of that trade, subject to any applicable exemptions.