This resource does not replace the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA) and its regulations, and should not be used as, or considered, legal advice. BOSTA inspectors apply and enforce these laws based on the facts in each specific case.

We have included links to other websites, but this does not mean that we endorse their information as compliant with the BOSTA or the regulations.

Overview

The Building Opportunities in the Skilled Trades Act, 2021 (BOSTA), came into force on January 1, 2022 to support the skilled trades and apprenticeship system by making it more efficient, accessible and easier to navigate.

Skilled Trades Ontario (STO) is a Crown agency which has responsibilities under the BOSTA related to apprenticeship and certification in the skilled trades. STO will allow Ontarians to access apprenticeship and certification services in one place with enhanced digital services.

Get more information on changes to the skilled trades and apprenticeship system.

We are committed to modernizing the skilled trades and apprenticeship system and streamlining supports for employers. The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) is responsible for enforcement of the skilled trades as it relates to the BOSTA.

This page addresses authorization to work in compulsory trades under the BOSTA. Note that other requirements may apply to the practice of or certification in both compulsory and non-compulsory trades.

Authorized to work in the skilled trades

In Ontario, 144 skilled trades are prescribed under the BOSTA in the Prescribed Trades and Related Matters Regulation (O. Reg. 876/21). Each skilled trade has a scope of practice outlined in the Scopes of Practice (O. Reg. 875/21) which sets out the work and activities falling within the scope of that trade.

Compulsory trades

Twenty-three of those 144 trades are classified as compulsory trades. Compulsory trades include (but are not limited to):

  • electrician — construction and maintenance
  • electrician — domestic and rural
  • plumber
  • hairstylist
  • automotive service technician

Authorization to work in compulsory trades

You must be authorized under the BOSTA to work in a compulsory trade. To be authorized to work in a particular compulsory trade, you must:

  • hold a valid Certificate of Qualification (C of Q) in that trade, or,
  • hold a valid Provisional Certificate of Qualification (P C of Q) in that trade, or,
  • be an apprentice working pursuant to a valid Registered Training Agreement (RTA) in that trade

There are exemptions to this authorization, for example, a student participating in the Ontario Youth Apprenticeship Program (OYAP).

All exemptions are prescribed in the General Regulation (O. Reg. 877/21).

Checking authorization when engaging someone to perform compulsory trade work

You cannot employ or otherwise engage someone to do compulsory trade work, unless they are authorized under the BOSTA to do that work (or are exempted).

Employers, contractors and homeowners can use the Skilled Trades Ontario Public Register to check and verify that the individuals they hire for compulsory trade work are authorized to work in that compulsory trade. Note that not all individuals who can work in a compulsory trade appear in the Skilled Trades Ontario Public Register (for example exempted individuals such as OYAP participants).

Non-compulsory trades

You do not need to be authorized under BOSTA to work in a non-compulsory trade which include, for example:

  • cabinet maker
  • cook
  • general carpenter
  • heavy duty equipment technician
  • industrial electrician

For additional inquiries about apprenticeship and skilled trade certification, please contact Skilled Trades Ontario.

Compliance and enforcement

BOSTA inspectors are ministry employees appointed as inspectors under the BOSTA. These ministry employees are also appointed as inspectors under the Occupational Health and Safety Act.

Among other things, inspectors may investigate whether people are authorized to do the work of compulsory trades under the BOSTA and if people are engaging authorized individuals to perform compulsory trade work.

Proof of authorization

Apprentices working according to a registered training agreement and tradespeople holding a certificate of qualification or provisional certificate of qualification are required to carry proof of their apprenticeship/certification. If an inspector requests this proof, the individual must produce it.

Proof of authorization to work in a compulsory trade may include either of the following:

  • a STO-issued document confirming that you hold a Certificate of Qualification or provisional Certificate of Qualification
  • an MLITSD-issued document confirming that you are an apprentice working under a registered training agreement

See section 2 of the General Regulation (O. Reg. 877/21) for the complete list of acceptable forms of proof of authorization.

An inspector may also request proof of applicable exemptions in order to assess compliance with the BOSTA. Individuals working in a compulsory trade under an exemption may wish to carry proof that the exemption applies. For example, individuals receiving training and work experience in the Ontario Youth Apprenticeship Program (OYAP) often have an OYAP wallet card issued to them by their school board.

Compliance and enforcement framework

Inspectors will exercise their powers and perform their duties under BOSTA in accordance with the compliance and enforcement framework set out in section 7 of the General Regulation (O. Reg. 877/21)

Under the compliance and enforcement framework, an inspector will consider the following factors when determining compliance:

  • the BOSTA compliance history of the person who did not comply with or who contravened the law
  • the nature and circumstance of the non-compliance or contravention
  • whether the contravention is a hazard that may result in endangerment to a person’s safety

In addition, inspectors can consider any other factor the inspector considers relevant in the circumstances and/or based on any policies and procedures material that may be prepared by the ministry.

Where an inspector finds that a person did not comply with the BOSTA or its regulations, the inspector may take one or more of the following measures, in consideration of the factors above:

  • provide educational materials regarding the BOSTA and its regulations
  • provide or identify resources to enable them to come into compliance
  • issue a written demand that a document, record or item, etc., be produced for inspection
  • issue a compliance order
  • where available, issue a notice of contravention (including any requirement to pay any prescribed administrative monetary penalty)

BOSTA compliance orders

An inspector may issue a compliance order to a person they believe is not in compliance with the BOSTA or the regulations, subject to the compliance and enforcement framework.

An inspector may amend or revoke a BOSTA compliance order if they are satisfied that new facts (that could not reasonably have been obtained earlier) could potentially have an impact on the order.

A compliance order issued under the BOSTA cannot be appealed.

Notice of contravention and Administrative Monetary Penalties (AMPs)

An inspector may issue a notice of contravention under the BOSTA to a person they believe has contravened any of the following:

  • section 6 (requirement to be authorized to practice in a compulsory trade)
  • section 7 (requirement to only engage authorized individuals to perform work in a compulsory trade)
  • section 8 (requirement to comply with ratios requirements, where applicable)
  • failure to comply with a compliance order

The notice of contravention informs the person of the contravention and specifies the associated administrative monetary penalty (if any) that must be paid and how and when it must be paid.

Administrative monetary penalties are prescribed under O. Reg. 872/21 (Administrative Penalties and Compliance Orders).

Requesting a review from the Ontario Labour Relations Board (OLRB)

The Ontario Labour Relations Board (OLRB) is an independent adjudicative tribunal. You may apply to have your notice of contravention reviewed by the OLRB within 15 days of receiving it, or within the period specified by the OLRB, if the OLRB considers it appropriate in the circumstances to extend the time for applying.

After the OLRB reviews your notice, they may:

  • resolve the notice of contravention in the manner consented to by the parties
  • rescind the notice of contravention
  • affirm the notice of contravention
  • amend the notice of contravention by reducing the amount of the penalty if it is excessive in the circumstances

Contact

For more information on these BOSTA requirements, or to report concerns about someone working in a compulsory trade without authorization, please contact the Ministry of Labour, Immigration, Training and Skills Development Health and Safety Contact Centre, either:

If you need more information about skilled trades and apprenticeship, please contact Employment Ontario.