[39] Bill 183 Royal Assent (PDF)
Bill 183 2009
An Act to revise and modernize the law related to apprenticeship training and trades qualifications and to establish the Ontario College of Trades
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
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CONTENTS |
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PART I |
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1. |
Definitions |
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PART II |
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2. 3. 4. 5. 6. 7. 8. |
Practice, compulsory trades Practice, voluntary trades Work of compulsory trades Use of titles Holding out as member of College Employing journeypersons and apprentices Ratios |
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PART III |
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9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. |
College established Duty to protect public interest Objects Board of governors Composition of Board Quorum of Board Vacancies in Board Meetings open to public Duty to meet Composition of sectors Divisional boards Trade boards Review panels Duties of members Removal of members Filling vacancies Employees and officers Annual report Minister's powers and duties Membership in College Annual meeting of members Committees of Board Other committees Vacancies in committees Member ceasing to be on committee during hearing Incapacity of member during hearing Delegation of Board's powers |
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PART IV |
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36. 37. 38. 39. 40. 41. 42. 43. |
Classes of members Granting registration Disclosure of application file Notice of proposal to refuse to issue, etc. Duties of Registration Appeals Committee Variation of registration conditions Register Suspension: failure to pay fees, provide information |
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PART V |
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44. 45. 46. 47. 48. |
Duties of Complaints Committee Reference to certain committees; interim suspensions Discipline Committee Fitness to Practise Committee Procedure on hearings |
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PART VI |
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49. 50. |
Reinstatement and variation Reinstatement: no hearing |
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PART VII |
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51. |
Appeal to court |
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PART VIII |
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52. 53. 54. 55. 56. 57. 58. 59. |
Definitions Registrar's investigation Registrar's inspections Entries and searches by warrant: investigations Entries and searches by warrant: inspections Searches by day unless stated Documents and objects Report of investigation |
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PART IX |
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60. 61. |
Ratios Classification as compulsory or voluntary trade |
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PART X |
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62. |
Confidentiality |
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PART XI |
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63. |
Appointments Council established |
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PART XII |
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64. 65. 66. 67. 68. 69. 70. 71. |
Functions Training agreements Completion of apprenticeship program Strikes and lock-outs Wage rates Hours Minister's inspections Fees |
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PART XIII |
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72. 73. 74. 75. 76. |
Board regulations, subject to approval By-laws Regulations Copies of regulations, by-laws Copies to be provided |
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PART XIV |
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77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. |
Right to use French Protection from liability Collection and use of personal information Records Guarantee of loans Service of notice or document Certificate as evidence Statutory Powers Procedure Act Compliance order Offences Review by Minister |
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PART XV |
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88. 89. 90. 91. 92. 93. 94. 95. |
First Board Certificates of qualification Training agreements and contracts of apprenticeship Compulsory and voluntary trades Journeyperson to apprentice ratios Transitional duties of Board Wage rates and hours Temporary register |
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PART XVI |
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96. 97. 98. 99. 100. 101. 102. 103. 104. 105. |
Corporations Tax Act Fair Access to Regulated Professions Act, 2006 Income Tax Act Municipal Act, 2001 Taxation Act, 2007 Trades Qualification and Apprenticeship Act Repeals Repeals Commencement Short title |
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___________ |
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Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Part I
Definitions
Definitions
1. In this Act,
"Appointments Council" means the College of Trades Appointments Council established by section 63; ("Conseil des nominations")
"apprentice" means an individual who has entered into a registered training agreement under which the individual is to receive training in a trade required as part of an apprenticeship program established by the College; ("apprenti")
"Board" means the board of governors of the College; ("conseil")
"Board regulation" means a regulation made by the Board under subsection 72 (1); ("règlement du conseil")
"by-laws" means the by-laws of the College made under subsection 73 (1); ("règlements administratifs")
"certificate of qualification" means a certificate of qualification issued by the Registrar on behalf of the College to a journeyperson and includes a provisional certificate of qualification; ("certificat de qualification")
"College" means the Ontario College of Trades established by section 9; ("Ordre")
"compulsory trade" means a trade prescribed by a Board regulation as a compulsory trade; ("métier à accréditation obligatoire")
"journeyperson" means an individual who holds a certificate of qualification; ("compagnon")
"Lieutenant Governor's regulation" means a regulation made by the Lieutenant Governor in Council under subsection 74 (1); ("règlement du lieutenant-gouverneur")
"Minister" means the Minister of Training, Colleges and Universities or another member of the Executive Council to whom the administration of this Act has been assigned; ("ministre")
"Minister's regulation" means a regulation made by the Minister under subsection 74 (3); ("règlement du ministre")
"person" means an individual, corporation, partnership, sole proprietorship, association or any other organization or entity; ("personne")
"personal information" means personal information as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")
"registered training agreement" means an agreement registered under section 65 under which an individual is to receive training in a trade required as part of an apprenticeship program established by the College; ("contrat d'apprentissage enregistré")
"Registrar" means the Registrar of the College; ("registraire")
"sponsor" means a person who has entered into a registered training agreement under which the person is required to ensure that an individual is provided with the training required as part of an apprenticeship program established by the College; ("parrain")
"statement of membership" means a statement of membership issued by the Registrar on behalf of the College to a member of the College in a class of membership other than that of journeyperson; ("attestation d'adhésion")
"trade" means a trade prescribed by a Minister's regulation as a trade for the purposes of this Act; ("métier")
"voluntary trade" means a trade prescribed by a Board regulation as a voluntary trade. ("métier à accréditation facultative")
PART
II
PROHIBITIONS
Practice, compulsory trades
2. No individual shall engage in the practice of a compulsory trade or hold himself or herself out as able to do so unless the individual holds a certificate of qualification in that trade that is not suspended or unless the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended.
Practice, voluntary trades
3. No individual shall hold himself or herself out as holding a certificate of qualification in a voluntary trade unless he or she holds a certificate of qualification in that trade that is not suspended.
Work of compulsory trades
4. No person shall employ or otherwise engage an individual to perform work or engage in a practice that constitutes engaging in the practice of a compulsory trade unless the individual holds a certificate of qualification in that trade that is not suspended or unless the individual is an apprentice in that trade and is working pursuant to a registered training agreement that is not suspended.
Use of titles
5. No individual except a member of the College shall use the title of a compulsory trade or an abbreviation of the title of a compulsory trade to describe himself or herself in his or her work unless he or she holds a certificate of qualification in that trade that is not suspended.
Holding out as member of College
6. No person except a member of the College shall represent or hold out expressly or by implication that he, she or it is a member of the College.
Employing journeypersons and apprentices
7. No person shall employ a journeyperson or sponsor or employ an apprentice in a trade unless the person holds a statement of membership that is not suspended and that is in the class referred to in paragraph 3 of subsection 36 (1).
Ratios
8. No sponsor of apprentices in a trade for which a journeyperson to apprentice ratio has been prescribed under section 60 shall permit an apprentice to work except in accordance with that ratio.
PART III
Ontario COLLEGE OF TRADES
College established
9. (1) A college is established under the name Ontario College of Trades in English and Ordre des métiers de l'Ontario in French.
Body corporate
(2) The College is a body corporate without share capital and with all the powers of a natural person.
Non-application of certain Acts
(3) The Corporations Act and the Corporations Information Act do not apply to the College.
Not Crown agency
(4) The College is not an agent of the Crown in right of Ontario for any purpose, despite the Crown Agency Act, and shall not hold itself out as such.
Duty to protect public interest
10. The College has a duty to serve and protect the public interest in carrying out its objects and its functions under this Act.
Objects
11. (1) The College has the following objects:
1. To establish the scope of practice for trades.
2. To regulate the practice of trades.
3. To govern the members of the College.
4. To develop, establish and maintain qualifications for membership in the College.
5. To issue certificates of qualification and statements of membership to members of the College and renew, amend, suspend, cancel, revoke or reinstate those certificates and statements as appropriate.
6. To promote the practice of trades.
7. To establish apprenticeship programs and other training programs for trades including training standards, curriculum standards and examinations.
8. To maintain a public register of its members.
9. To determine appropriate journeyperson to apprentice ratios for trades subject to ratios.
10. To determine whether a trade should have compulsory certification status.
11. To receive and investigate complaints against members of the College and to deal with issues of discipline, misconduct, incompetency and incapacity.
12. To address compliance issues in respect of matters within the jurisdiction of the College.
13. To provide for the ongoing education of members of the College.
14. To work with other governments in Canada and the Minister with respect to the interprovincial standards program for apprenticeship and with respect to qualifications required for trades.
15. To conduct research in relation to trades.
16. To perform such additional functions as may be prescribed by a Lieutenant Governor's regulation.
Same
(2) In carrying out the objects described in paragraph 12 of subsection (1), the College shall consult with other entities, including ministries of the Government of Ontario, that have legislative authority relating to compliance issues.
Board of governors
12. The College shall have a board of governors that shall be its governing body and the Board shall manage and administer the affairs of the College.
Composition of Board
13. (1) The Board shall be composed of 21 members appointed by the Appointments Council in accordance with the following:
1. Four members shall be selected from each of the construction, motive power, industrial and service sectors. Two of the members for each of the sectors shall be selected as employee representatives and two shall be selected as employer representatives.
2. Four members shall be selected as representing the public. These individuals shall not be members of the College or have an affiliation with a member of the College or with a compulsory trade or a voluntary trade or an employer of individuals in a compulsory trade or a voluntary trade that, in the opinion of the Appointments Council, may bias their decisions.
3. One member shall be selected as representing the colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.
Chair
(2) The Board, in accordance with the by-laws, shall elect the chair of the Board.
Term of office
(3) The term of office of a Board member shall not exceed three years.
Multiple terms
(4) A Board member may serve for more than one term.
Same
(5) A Board member may not serve for more than six consecutive years but is eligible for reappointment after one year's absence from the Board.
Role of Registrar
(6) The Registrar shall serve as secretary to the Board and has all the rights of participation at Board meetings that a Board member has, other than the right to vote.
Quorum of Board
14. Eleven members of the Board constitute a quorum.
Vacancies in Board
15. If one or more vacancies occur in the membership of the Board, the members remaining on the Board constitute the Board so long as their number is not fewer than the quorum established by section 14.
Meetings open to public
16. (1) Subject to subsections (2) and (3), the meetings of the Board shall be open to the public and reasonable notice shall be given to the members of the College and to the public.
Exceptions
(2) The Board may exclude the public, including members of the College, from a meeting or any part of a meeting if it is satisfied that,
(a) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the meetings be open to the public;
(b) a person involved in a civil or criminal proceeding may be prejudiced;
(c) the safety of an individual may be jeopardized;
(d) personnel matters or property transactions will be discussed; or
(e) litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College.
Same
(3) The Board may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting.
Duty to meet
17. The Board shall meet at least six times each year.
Composition of sectors
18. For the purposes of sections 13, 19 and 20, the construction, motive power, industrial and service sectors shall each consist of the trades that are prescribed by a Minister's regulation as belonging to the particular sector.
Divisional boards
19. (1) The College shall have four boards to be known as divisional boards, one for each of the construction, motive power, industrial and service sectors.
Functions
(2) A divisional board shall advise the Board on issues relating to trades within their respective sectors and perform such other functions as may be assigned by the Board.
Composition
(3) A divisional board shall be composed of five members appointed by the Appointments Council in accordance with the following:
1. Four members shall be selected from the relevant sector. Two of the members shall be selected as employee representatives and two shall be selected as employer representatives.
2. The fifth member shall be a Board member for the same sector as the divisional board and he or she shall be the chair of the divisional board.
Term of office
(4) The term of office of a divisional board member shall not exceed three years.
Multiple terms
(5) A member of a divisional board may serve for more than one term.
Same
(6) A member of a divisional board may not serve for more than six consecutive years but is eligible for reappointment after one year's absence from the divisional board.
Trade boards
20. (1) The Board may establish a body, to be known as a trade board, for a trade or group of trades in a sector, and shall specify whether the trade board is to have four, six, eight, 10 or 12 members.
Functions
(2) A trade board,
(a) shall advise the divisional board for its sector on issues relating to the trade or group of trades in relation to which it was established;
(b) may make recommendations, relating to the trade or group of trades in relation to which it was established, to the divisional board; and
(c) shall perform such other functions as may be assigned by the divisional board or the Board.
Duty of divisional board
(3) A divisional board shall, within a reasonable time after receiving recommendations from a trade board under clause (2) (b),
(a) consider the recommendations, make a decision about them and send a written response to the trade board; and
(b) advise the Board of the recommendations, decision and response.
Composition
(4) A trade board shall be appointed by the Appointments Council and shall be composed of equal numbers of members selected as employee representatives and as employer representatives, all selected from the relevant trade or group of trades.
Term of office
(5) The term of office of a trade board member shall not exceed three years.
Multiple terms
(6) A trade board member may serve for more than one term.
Same
(7) A trade board member may not serve for more than six consecutive years but is eligible for reappointment after one year's absence from the trade board.
Review panels
21. (1) The Board shall establish panels, to be known as review panels, as required from time to time.
Functions
(2) Review panels shall conduct reviews and make determinations on journeyperson to apprentice ratios and on classification of trades as compulsory trades or voluntary trades as provided in Part IX.
Decisions final
(3) A decision of a review panel is final and not subject to appeal, and a decision of a review panel shall not be altered or set aside in an application for judicial review or in any other proceeding.
Composition
(4) A review panel shall be composed of three members chosen from the roster of adjudicators and appointed as follows:
1. One member shall be appointed by the Board.
2. Two members shall be appointed by the divisional board for the sector to which the trade that is the subject matter of the review under Part IX belongs.
Roster of adjudicators
(5) The Appointments Council shall develop and maintain a roster of adjudicators for the purposes of this Act; those appointed to the roster shall be capable of, and shall act, in a neutral and impartial manner.
Term of office
(6) The term of office of a roster member shall not exceed three years.
Multiple terms
(7) A roster member may serve for more than one term.
Limitation
(8) A roster member may not serve for more than six consecutive years but an individual is eligible for reappointment after one year's absence from the roster.
Same
(9) Members of the Board, the divisional boards and the trade boards are not eligible for appointment to the roster of adjudicators.
Duties of members
22. Members of the Board, the divisional boards, the trade boards and the roster of adjudicators, in carrying out their duties and regardless of whether they were appointed from a particular sector or as employee representatives or as employer representatives,
(a) shall serve and protect the public interest; and
(b) shall act in accordance with such conflict of interest rules as may be prescribed by the by-laws.
Removal of members
23. Members of the Board, the divisional boards, the trade boards and the roster of adjudicators may be removed from office as provided in a Lieutenant Governor's regulation.
Filling vacancies
24. If a vacancy occurs, other than by reason of the expiry of a term, in the Board, the divisional boards, the trade boards or the roster of adjudicators, the Registrar shall advise the Appointments Council and the Appointments Council shall appoint a new member in accordance with section 63.
Employees and officers
25. (1) The Board may employ such individuals as it considers advisable and shall have the officers provided for by the by-laws.
Registrar appointed
(2) The Board shall appoint one of its employees as the Registrar of the College.
Deputy registrars
(3) The Board may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws.
Chief executive officer
(4) The Registrar is the chief executive officer of the College.
Chief diversity officer
(5) The Registrar shall appoint an employee of the College to the position of chief diversity officer to advise the Registrar on matters related to diversity, access and inclusion, and to perform such other functions as may be assigned by the Registrar.
Annual report
26. (1) The Board shall report annually to the Minister on the activities and financial affairs of the College.
Same
(2) The report shall include audited financial statements.
Minister's powers and duties
27. (1) The Minister may,
(a) review the activities of the Board and require it to provide reports and information;
(b) require the Board to do anything that the Minister believes is necessary or advisable to carry out the objects of the College;
(c) require the Board to make, amend or revoke a Board regulation.
Board to comply
(2) If the Minister requires the Board to do anything under subsection (1), it 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.
Regulations
(3) If the Minister requires the Board to make, amend or revoke a Board regulation under clause (1) (c) and it does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the Board regulation.
Membership in College
28. (1) Every person who holds a certificate of qualification or who holds a statement of membership is a member of the College, subject to any term, condition or limitation to which the certificate or statement is subject.
Resignation of membership
(2) Members of the College may resign their membership by filing a resignation in writing with the Registrar and when a member does so, their certificate of qualification or statement of membership is cancelled.
Continuing jurisdiction: revocation, cancellation
(3) A person whose certificate of qualification or statement of membership is revoked or cancelled continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held the certificate or statement.
Annual meeting of members
29. The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members.
Committees of Board
30. (1) The Board shall establish the following committees:
1. Executive Committee.
2. Registration Appeals Committee.
3. Complaints Committee.
4. Discipline Committee.
5. Fitness to Practise Committee.
Same
(2) The Board shall appoint the members of the committees in accordance with the by-laws.
Chair
(3) The Board shall appoint one of the members of each committee as the chair of that committee. The chair must be chosen from among the members of the Board.
Panel appointed
(4) The chair of a committee named in subsection (1) may appoint panels from among the committee's members and authorize them to conduct reviews, to consider and investigate written complaints and to hold hearings.
Same
(5) Each panel shall be composed of at least three members.
Same
(6) A decision of a panel shall be deemed to be the decision of the committee from which it was appointed.
Other committees
31. The Board may establish other committees that the Board from time to time considers necessary.
Vacancies in committees
32. If one or more vacancies occur in the membership of a committee of the Board, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws.
Member ceasing to be on committee during hearing
33. If, after a committee commences a hearing into a matter, a member of the committee ceases to be a member of the committee, the member shall be deemed, for the purposes of dealing with that matter, to remain a member of the committee until the final disposition of the matter.
Incapacity of member during hearing
34. If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and render a decision with respect to the matter.
Delegation of Board's powers
35. The Board may delegate to the Executive Committee or to a divisional board the authority to exercise any power or to perform any duty of the Board other than the power to make, amend or revoke a Board regulation or by-law.
PART IV
REGISTRATION
Classes of members
36. (1) The College shall have the following classes of members:
1. Journeypersons.
2. Apprentices.
3. Persons who employ journeypersons or who sponsor or employ apprentices.
4. Such other classes of membership as may be prescribed by a Board regulation.
Same
(2) With respect to every trade, there shall be,
(a) a class of members to which journeypersons in the trade or members of a class prescribed by a Board regulation as described in paragraph 4 of subsection (1) are eligible to belong;
(b) a class of members to which apprentices in the trade are eligible to belong; and
(c) a class of members to which persons who employ journeypersons or who sponsor or employ apprentices in the trade are eligible to belong.
Granting registration
Registration as journeyperson
37. (1) The Registrar, on behalf of the College, shall issue a certificate of qualification to an applicant if the applicant,
(a) applies for it in accordance with the Board regulations and the by-laws;
(b) meets the registration requirements prescribed by the Board regulations for registration as a journeyperson; and
(c) pays the fees required under the by-laws.
Registration for members other than journeypersons
(2) The Registrar, on behalf of the College, shall issue a statement of membership to an applicant who is not applying as a journeyperson if the applicant,
(a) applies for it in accordance with the Board regulations and the by-laws;
(b) meets the registration requirements prescribed by the Board regulations for registration as a member in the class of membership to which the application relates; and
(c) pays the fees required under the by-laws.
Provisional certificates
(3) If so provided by the Board regulations and subject to any term, condition or limitation set out in them, the Registrar may issue provisional certificates of qualification, subject to any term, condition or limitation specified in the regulations.
Grounds for refusal
(4) The Registrar may refuse to issue a certificate of qualification or a statement of membership if the Registrar has reasonable grounds to believe that,
(a) the past conduct or actions of the applicant, in the case of an application for a certificate of qualification, afford grounds for belief that the applicant will not perform his or her duties as a journeyperson in accordance with the law, including but not limited to this Act, the regulations and the by-laws;
(b) the past conduct or actions of the applicant, in the case of an application for a statement of membership, afford grounds for belief that the applicant will not perform his or her duties in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or
(c) the applicant does not fulfil the requirements under this Act for the issuance of the certificate or statement.
Same
(5) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of qualification or a statement of membership to an applicant who previously held either a certificate of qualification or a statement of membership that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 49 or 50.
Terms, etc.
(6) If the Registrar believes that a certificate of qualification or statement of membership should be issued to an applicant with terms, conditions or limitations, the Registrar may impose those terms, conditions or limitations.
Terms, etc., on consent
(7) Limitations that may be imposed on consent under subsection (6) include the fixing of a period of not longer than one year during which the applicant may not apply under section 41.
Mandatory contents of certificates of qualification
(8) In addition to any other information that may be set out in a certificate of qualification, the certificate shall set out the name of the member and the title of the trade in respect of which the certificate is issued.
Mandatory contents of membership statements
(9) In addition to any other information that may be set out in a statement of membership, the statement shall set out the name of the member and the class of membership to which the member belongs.
Production of certificate or statement
(10) For the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1), the holder of a certificate of qualification or statement of membership shall carry his or her certificate or statement and, when requested to do so, shall produce the certificate or statement to a person appointed under subsection 54 (1) or a person authorized by a Minister's regulation to request such production.
Disclosure of application file
38. (1) The Registrar shall give an applicant for a certificate of qualification or a statement of membership, at the applicant's request, a copy of each document the College has that is relevant to the application.
Exception
(2) The Registrar may refuse to give an applicant anything that may, in the Registrar's opinion, jeopardize the safety of an individual.
Notice of proposal to refuse to issue, etc.
39. (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant:
1. Refuse to issue a certificate of qualification or a statement of membership.
2. Impose terms, conditions or limitations to which the applicant has not consented on a certificate of qualification or statement of membership to be issued.
Exception
(2) Subsection (1) does not apply if the Registrar refuses to issue a certificate of qualification or a statement of membership under subsection 37 (5).
Contents of notice
(3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4).
Request for review
(4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant.
Submissions
(5) The request for review may be accompanied by written submissions.
Power of Registrar if no request
(6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1).
Same
(7) If the Registrar imposes terms, conditions or limitations on the applicant's certificate of qualification or statement of membership under subsection (6), the Registrar may fix a period of not longer than one year during which the applicant may not apply under section 41.
Duties of Registration Appeals Committee
40. (1) If an applicant requests a review in accordance with subsection 39 (4), the Registration Appeals Committee shall conduct the review.
Exception
(2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process.
Extension of time for requesting review
(3) The Committee may extend the time for requesting a review under subsection 39 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension.
Examination of documents, submissions
(4) Subject to subsection (5), the Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the review.
Exception
(5) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee's opinion, jeopardize the safety of an individual.
No hearing
(6) Except as provided by section 39 and this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this Part.
Order
(7) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following:
1. Directing the Registrar to issue the certificate of qualification or statement of membership.
2. Directing the Registrar to issue the certificate of qualification or statement of membership and to make it subject to specified terms, conditions or limitations.
3. Directing the Registrar to vary specified terms, conditions or limitations in the Registrar's proposal.
4. Directing the Registrar to refuse to issue a certificate of qualification or statement of membership.
Same
(8) If the Committee makes an order under paragraph 3 of subsection (7), the Committee may fix a period of not longer than one year during which the person who requested the review may not apply under section 41.
Service of decision on parties
(9) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.
Variation of registration conditions
41. (1) A member may apply to the Registration Appeals Committee for an order directing the Registrar to remove or modify any term, condition or limitation imposed by the Registrar or the Committee on the member's certificate of qualification or statement of membership.
Same
(2) The application must be in writing and accompanied by the fee prescribed for the purpose by the by-laws.
Limitations
(3) The right to apply under subsection (1) is subject to,
(a) any limitation imposed by the Registrar or the Committee under section 37, 39 or 40; and
(b) any limitation imposed under subsection (9) in the disposition of a previous application under this section.
Submissions
(4) The application may be accompanied by written submissions.
Examination of documents, submissions
(5) Subject to subsection (6), the Committee shall ensure that the applicant is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the application.
Exception
(6) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee's opinion, jeopardize the safety of an individual.
No hearing
(7) Except as provided by this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section.
Orders
(8) After considering the application, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following:
1. Refusing the application.
2. Directing the Registrar to remove any term, condition or limitation imposed on the certificate of qualification or statement of membership.
3. Directing the Registrar to impose specified terms, conditions or limitations on the certificate of qualification or statement of membership.
Limitations on application
(9) The Committee, in disposing of an application under this section, may fix a period of not longer than six months during which the applicant may not apply under subsection (1).
Order to return fee
(10) The Committee may order that the fee paid under subsection (2) be returned to the applicant if, in the opinion of the Committee, to do so would be appropriate in all the circumstances.
Service of decision on parties
(11) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.
Register
42. (1) The Registrar shall maintain a register.
Contents
(2) Subject to any by-law respecting the removal of information from the register, the register shall contain,
(a) the name of each member of the College and an indication as to whether the member holds a certificate of qualification or a statement of membership;
(b) the name of each trade for which a member holds a certificate of qualification;
(c) the name of each class of membership for which a member holds a statement of membership;
(d) any terms, conditions and limitations imposed on the member's certificate of qualification or statement of membership;
(e) a notation of every revocation, cancellation and suspension of a member's certificate of qualification or statement of membership;
(f) information that a committee referred to in subsection 30 (1) or established under section 31 directs shall be included;
(g) information that the by-laws prescribe as information to be kept in the register.
Same
(3) Despite clauses (2) (f) and (g), a committee shall not direct and the by-laws shall not prescribe more personal information to be included in the register than is necessary to serve and protect the public interest under this Act.
Inspection
(4) The register shall be available for public inspection during normal business hours in the office of the College and shall be posted on the College's website or made available through a hyperlink at the College's website.
Copies
(5) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register.
Suspension: failure to pay fees, provide information
43. (1) The Registrar may suspend the certificate of qualification or statement of membership of a member of the College for,
(a) failure to pay a fee or penalty prescribed by the by-laws;
(b) failure to provide information required by the by-laws; or
(c) failure to provide proof of completion of ongoing education requirements as required by a Board regulation.
Same
(2) The Registrar shall not suspend a member's certificate of qualification or statement of membership without first giving the member 60 days notice of the default and intention to suspend.
Reinstatement
(3) A person whose certificate of qualification or statement of membership has been suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be.
PART
V
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
Duties of Complaints Committee
44. (1) The Complaints Committee shall consider and investigate written complaints regarding the conduct or actions of members of the College made by any person.
Same
(2) Despite subsection (1), the Complaints Committee shall refuse to consider and investigate a written complaint if, in its opinion,
(a) the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member of the College; or
(b) the complaint is frivolous, vexatious or an abuse of process.
Same
(3) No action shall be taken by the Complaints Committee under subsection (5) unless,
(a) a complaint in a form prescribed by the by-laws has been filed with the Registrar;
(b) the member of the College whose conduct or actions are being investigated has been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and
(c) the Committee has examined all the information and documents that the College has that are relevant to the complaint.
Same
(4) The notice required by clause (3) (b) shall include reasonable information about any allegations contained in the complaint.
Same
(5) The Complaints Committee, in accordance with the information it receives, shall,
(a) direct that the matter be referred, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee;
(b) direct that the matter not be referred under clause (a);
(c) if the person complained against is an individual, require him or her to appear before the Complaints Committee to be cautioned;
(d) if the person complained against is not an individual, require a representative who has the power to bind the person to appear before the Complaints Committee to be cautioned;
(e) refer the matter for alternative dispute resolution if the Committee considers it appropriate to do so and the complainant and the member agree, but if alternate dispute resolution fails to resolve the matter, it shall be referred back to the Committee; or
(f) take any action it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws.
Decision and reasons
(6) The Complaints Committee shall give its decision in writing to the Registrar and, except in the case of a decision made under clause (5) (a), its reasons for the decision.
Notice
(7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Complaints Committee and its reasons for the decision, if any.
No hearing
(8) Except as provided by this section, the Complaints Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section.
Timely disposal
(9) The Complaints Committee shall use its best efforts to dispose of a complaint within 120 days of its being filed with the Registrar.
Reference to certain committees; interim suspensions
Reference by Board or Executive Committee
45. (1) The Board or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College.
Same
(2) The Board or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College.
Interim suspension
(3) The Board or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of qualification or statement of membership of a member of the College or impose terms, conditions or limitations on a member's certificate of qualification or statement of membership if,
(a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and
(b) the Board or the Executive Committee believes that the actions or conduct of the member directly or indirectly exposes or is likely to expose an individual to harm or injury.
Restriction
(4) No order shall be made under subsection (3) unless the member has been given,
(a) notice of the Board's or the Executive Committee's intention to make the order; and
(b) at least 14 days to make written submissions to the Board or the Executive Committee.
No hearing
(5) Except as provided by this section, the Board or the Executive Committee need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section.
Procedure following order
(6) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee,
(a) the Board or the Executive Committee shall ensure that the committee proceeds with the matter expeditiously; and
(b) the committee shall give precedence to the matter.
Duration of order
(7) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee.
Discipline Committee
46. (1) The Discipline Committee shall,
(a) hear and determine matters directed or referred to it under section 44, 45 or 49; and
(b) perform any other duties assigned to it by the Board.
Professional misconduct
(2) The Discipline Committee may find a member of the College guilty of professional misconduct if, after a hearing, the Committee believes that the member has engaged in conduct that,
(a) contravenes this Act, the regulations or the by-laws;
(b) contravenes an order of the Discipline Committee, the Complaints Committee, the Board or the Registrar; or
(c) is defined as being professional misconduct in a Board regulation.
Incompetence
(3) The Discipline Committee may, after a hearing, find a member of the College to be incompetent if, in its opinion, the member has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for a person's welfare of a nature or extent that demonstrates that,
(a) the member is unfit to continue to carry out his or her professional responsibilities; or
(b) the member's certificate of qualification or statement of membership should be made subject to terms, conditions or limitations.
Powers of Discipline Committee
(4) If the Discipline Committee finds a member guilty of professional misconduct or to be incompetent, it shall make an order doing one or more of the following:
1. Directing the Registrar to revoke the member's certificate of qualification or statement of membership.
2. Directing the Registrar to suspend the member's certificate of qualification or statement of membership for a specified period, not exceeding 24 months.
3. Directing the Registrar to impose specified terms, conditions or limitations on the member's certificate of qualification or statement of membership.
4. Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period.
Same
(5) If the Discipline Committee finds a member guilty of professional misconduct, it may, in addition to exercising its powers under subsection (4), make an order doing one or more of the following:
1. Requiring that the member be reprimanded, admonished or counselled by the Committee or its delegate and, if considered warranted, directing that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or an unlimited period.
2. Imposing a fine in an amount that the Committee considers appropriate, to a maximum of $2,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund.
3. Directing that the finding and the order of the Committee be published, in detail or in summary, with or without the name of the member, in the official publication of the College and in any other manner or medium that the Committee considers appropriate in the particular case.
4. Fixing costs to be paid by the member.
Same
(6) In making an order under paragraph 4 of subsection (4), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the successful completion by the member of specified training or courses of study.
Same
(7) In making an order revoking or suspending a certificate of qualification or statement of membership or imposing terms, conditions or limitations on a certificate of qualification or statement of membership, the Committee may fix a period during which the member may not apply under section 49.
Publication on request
(8) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.
Costs
(9) If the Discipline Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member of the College for his or her costs or the portion of them fixed by the Discipline Committee.
Fitness to Practise Committee
47. (1) The Fitness to Practise Committee shall,
(a) hear and determine matters directed or referred to it under section 44, 45 or 49; and
(b) perform any other duties assigned to it by the Board.
Incapacity
(2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that,
(a) the member is unfit to continue to carry out his or her professional responsibilities; or
(b) the member's certificate of qualification or statement of membership should be made subject to terms, conditions or limitations.
Powers of Fitness to Practise Committee
(3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following:
1. Directing the Registrar to revoke the member's certificate of qualification or statement of membership.
2. Directing the Registrar to suspend the member's certificate of qualification or statement of membership for a specified period, not exceeding 24 months.
3. Directing the Registrar to impose specified terms, conditions or limitations on the member's certificate of qualification or statement of membership.
4. Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period.
Same
(4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which a direction was issued has been resolved.
Same
(5) In making an order revoking or suspending a certificate of qualification or statement of membership or imposing terms, conditions or limitations on a certificate of qualification or statement of membership, the Committee may fix a period during which the member may not apply under section 49.
Publication on request
(6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.
Costs
(7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee.
Procedure on hearings
48. (1) This section applies to hearings of the Discipline Committee under section 46 and to hearings of the Fitness to Practise Committee under section 47.
Parties
(2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing.
Examination of documentary evidence
(3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.
Members holding hearing not to have taken part in investigation
(4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject matter of the hearing, other than as a member of the Board or Executive Committee considering the referral of the matter to the Discipline Committee or Fitness to Practise Committee, and shall not communicate directly or indirectly about the subject matter of the hearing with any person or with any party or representative of a party except on notice to all parties.
Same
(5) The Discipline Committee or Fitness to Practise Committee may seek independent legal advice from a lawyer other than a lawyer who is acting as legal counsel to one of the parties in the matter before the Committee and, in that case, the Committee shall communicate the nature of the advice to the parties despite subsection (4) so that they may make submissions as to the law.
Discipline Committee hearings to be public
(6) A hearing of the Discipline Committee shall, subject to subsections (7) and (8), be open to the public.
Exceptions
(7) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing if the Committee is satisfied that,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;
(c) a person involved in a civil or criminal proceeding may be prejudiced; or
(d) the safety of an individual may be jeopardized.
Same
(8) The Discipline Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing.
Fitness to Practise Committee hearings to be closed
(9) A hearing of the Fitness to Practise Committee shall, subject to subsection (10), be closed to the public, including members of the College.
Open on request of member in some cases
(10) A hearing of the Fitness to Practise Committee shall be open to the public, including members of the College, if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise Committee is satisfied that,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of acceding to the request of the person who is alleged to be incapacitated;
(c) a person involved in a civil or criminal proceeding may be prejudiced; or
(d) the safety of a individual may be jeopardized.
Same
(11) The Fitness to Practise Committee may make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to open the hearing or a part of the hearing to the public under subsection (10).
Recording of evidence
(12) The oral evidence taken before the Discipline Committee or Fitness to Practise Committee shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.
Only members at hearing to participate in decision
(13) No member of the Discipline Committee or Fitness to Practise Committee shall participate in a decision of the committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.
Release of documentary evidence
(14) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Discipline Committee or Fitness to Practise Committee within a reasonable time after the matter in issue has been finally determined.
Service of decision, reasons
(15) Subject to subsection (16), the committee shall give its decision in writing with reasons and serve it,
(a) on the parties; and
(b) if the matter was referred to the Discipline Committee or Fitness to Practise Committee as a result of a complaint under subsection 44 (1), on the complainant.
Same
(16) If the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, withhold reasons when it serves its decision on the complainant.
PART VI
REINSTATEMENT AND VARIATION
Reinstatement and variation
Application for reinstatement
49. (1) A person who has had a certificate of qualification or statement of membership revoked or suspended as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar to have a new certificate or statement issued or the suspension removed.
Application for variation
(2) A person who has a certificate of qualification or statement of membership that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations.
Time of application
(3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 46 (7) or under paragraph 6 of subsection (6), as the case may be.
Same
(4) If the Discipline Committee did not fix a period under subsection 46 (7) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 46 or the date of the last order made under this section, as the case may be.
Referral to Discipline Committee
(5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee.
Order
(6) The Discipline Committee may, after a hearing, make an order doing one or more of the following:
1. Refusing the application.
2. Directing the Registrar to issue a certificate of qualification or statement of membership to the applicant.
3. Directing the Registrar to remove the suspension of the applicant's certificate of qualification or statement of membership.
4. Directing the Registrar to impose specified terms, conditions and limitations on the applicant's certificate of qualification or statement of membership.
5. Directing the Registrar to remove any term, condition or limitation on the applicant's certificate of qualification or statement of membership.
6. Fixing a period during which the applicant may not apply under this section.
Parties
(7) The College and the applicant are parties to a hearing under this section.
Examination of documentary evidence
(8) Subject to subsection (9), a party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.
Exception
(9) The Committee may refuse to give a person an opportunity to examine a document if doing so may, in the Committee's opinion, jeopardize the safety of an individual.
Closed hearings
(10) Hearings of the Discipline Committee under this section shall be closed to the public, including members of the College.
Recording of evidence
(11) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.
Only members at hearing to participate in decision
(12) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties.
Release of documentary evidence
(13) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined.
Service of decision on parties
(14) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision.
Fitness to Practise Committee
(15) Subsections (1) to (14) apply with necessary modifications to the Fitness to Practise Committee and, for the purpose,
(a) a reference to the Discipline Committee shall be deemed to be a reference to the Fitness to Practise Committee; and
(b) a reference to subsection 46 (7) shall be deemed to be a reference to subsection 47 (5).
Reinstatement: no hearing
50. The Board or Executive Committee may, without a hearing, with respect to a person who has had a certificate of qualification or statement of membership suspended or revoked for any reason under this Act, make an order doing one or more of the following:
1. Directing the Registrar to issue a certificate of qualification or statement of membership to the person.
2. Directing the Registrar to remove the suspension of the person's certificate of qualification or statement of membership.
PART
VII
APPEALS TO COURT
Appeal to court
51. (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee.
Same
(2) For purposes of this section, a person who requests a review under section 39 is a party to the review by the Registration Appeals Committee.
Certified copy of record
(3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from.
Powers of court on appeal
(4) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all the powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with any directions the court considers appropriate.
Effect of appeal
(5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order.
PART VIII
REGISTRAR'S POWERS OF INVESTIGATION and Inspection
Definitions
52. In this Part,
"inspector" means an individual appointed by the Registrar to act as an inspector for the purposes of section 54; ("inspecteur")
"investigator" means an individual appointed by the Registrar to act as an investigator for the purposes of section 53. ("enquêteur")
Registrar's investigation
53. (1) If the Registrar believes on reasonable and probable grounds,
(a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated;
(b) that there is cause to refuse to issue a certificate of qualification or statement of membership applied for under this Act;
(c) that there is cause to suspend or revoke a certificate of qualification or statement of membership issued under this Act; or
(d) that there is cause to impose terms, conditions or limitations on a certificate of qualification or statement of membership applied for or issued under this Act,
the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause.
Approval of Executive Committee
(2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee.
Powers of investigator
(3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator.
Same
(4) The investigator has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act.
Entry on work premises, investigation of journeyperson
(5) On production of his or her appointment, the investigator may, if the member being investigated is a journeyperson, enter at any reasonable time the place of work of the member or the premises of the member's employer and may examine any document, record or thing found there that is relevant to the investigation.
Entry on premises, other investigations
(6) On production of his or her appointment, the investigator may, if the member being investigated holds a statement of membership in the class referred to in paragraph 3 of subsection 36 (1), enter at any reasonable time the place of business of the member or any work location at which the member employs a journeyperson or sponsors or employs an apprentice and may examine any document, record or thing found there that is relevant to the investigation.
Dwellings
(7) Subsections (5) and (6) do not authorize entry of a dwelling without the consent of the occupier.
Registrar's inspections
54. (1) The Registrar may appoint inspectors for the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1).
Entry on premises
(2) An inspector may enter any premises and may examine any documents or other things on the premises for the purpose referred to in subsection (1).
Dwellings
(3) Subsection (2) does not authorize entry of a dwelling without the consent of the occupier.
Time for entry
(4) The power to enter premises under subsection (2) may be exercised at any reasonable time.
Identification
(5) An inspector who enters premises under subsection (2) shall, on request, produce identification that provides evidence of his or her authority.
Entries and searches by warrant: investigations
55. On the application, made without notice, of an investigator conducting an investigation under section 53, a justice of the peace may issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,
(a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and
(b) there is something relevant to the investigation at the place.
Entries and searches by warrant: inspections
56. On the application, made without notice, of an inspector appointed for the purposes of section 54, 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 determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (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 is at the place.
Searches by day unless stated
57. (1) A warrant issued under section 55 or 56 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
(2) An investigator or an inspector entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, may be assisted by a peace officer and may enter a place by force.
Investigator to show identification
(3) An investigator or an inspector, entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, shall produce his or her identification, on request, to any person at the place.
Documents and objects
Copying of documents and objects
58. (1) An investigator or inspector may copy, at the College's expense, a document, record or thing that he or she may examine under section 53 or 54, as the case may be, or under the authority of a warrant issued under section 55 or 56, as the case may be.
Removal of documents and objects
(2) An investigator or inspector may remove a document, record or thing described in subsection (1) if he or she gives a receipt for the document, record or thing and if,
(a) it is not practicable to copy it in the place where it is examined; or
(b) a copy of it is not sufficient for the purposes of the investigation or inspection.
Use of devices
(3) In order to examine or produce a document or record in readable form, an investigator or inspector may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation or inspection.
Return of documents and objects or copies
(4) If it is practicable to copy a document, record or thing removed under subsection (2), the investigator or inspector shall,
(a) if it was removed under clause (2) (a), return the document, record or thing within a reasonable time; or
(b) if it was removed under clause (2) (b), provide the person who was in possession of the document, record or thing with a copy of it within a reasonable time.
Copy as evidence
(5) A copy of a document, record or thing certified by an investigator or inspector to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document, record or thing itself.
Report of investigation
59. The Registrar shall report the results of an investigation under section 53 to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate.
PART
IX
Ratios, Compulsory and Voluntary Trades
Ratios
60. (1) If a trade has been prescribed by a Minister's regulation as being subject to a journeyperson to apprentice ratio, the Board shall, by a Board regulation, prescribe the number of apprentices who may be sponsored or employed by a person in that trade in relation to the number of journeypersons employed or otherwise engaged by the person as determined by a review panel.
Same
(2) The Board shall by a Board regulation prescribe the criteria and the process to be used in determining the appropriate journeyperson to apprentice ratio for a trade.
Initial review
(3) Before prescribing a journeyperson to apprentice ratio for a trade, the Board shall cause a review of the matter to be made by a review panel.
Subsequent review
(4) The Board shall cause a review to be made by a review panel at least once every four years of each journeyperson to apprentice ratio that has been prescribed.
Review panels
(5) A review under subsection (3) or (4) shall be conducted by a review panel appointed under section 21 for the purposes of that review and the review panel shall review the matter and determine the appropriate journeyperson to apprentice ratio in respect of the trade in which the review is being made and report on its decision to the Board.
Extended definition
(6) In this section,
"journeyperson" includes an individual who practices as a journeyperson in a voluntary trade but who does not hold a certificate of qualification in that trade.
Classification as compulsory or voluntary trade
61. (1) For every trade prescribed by a Minister's regulation as a trade for the purposes of this Act, the Board shall by a Board regulation prescribe whether it is a compulsory trade or a voluntary trade as determined by a review panel on an initial review or if, on a subsequent review, it is determined that the status of a trade as a compulsory trade or as a voluntary trade should be changed.
Exception, prior classification under s. 91 (1)
(2) Despite subsection (1), if a trade has already been designated by a regulation made under subsection 91 (1), the Board shall not prescribe whether it is a compulsory trade or a voluntary trade except on a subsequent review.
Same
(3) The Board shall by a Board regulation,
(a) prescribe the process for initiating a review;
(b) prescribe the criteria and the process to be used by a review panel in determining whether,
(i) a trade should be classified as a compulsory trade or a voluntary trade,
(ii) a compulsory trade should be reclassified as a voluntary trade, or
(iii) a voluntary trade should be reclassified as a compulsory trade;
(c) prescribe the maximum period of time that may be provided for by a review panel as a period of repose under subsection (6).
Review
(4) Before prescribing a trade as a compulsory trade or a voluntary trade under subsection (1), the Board shall cause a review of the matter to be made by a review panel.
Review panels
(5) A review under subsection (4) shall be conducted by a review panel appointed under section 21 for the purposes of that review and the review panel shall review the matter and determine whether the trade in respect of which the review is being made should be a compulsory trade or a voluntary trade and report on its decision to the Board.
Period of repose
(6) A review panel's report may set out the minimum period of time that must elapse following the report before the issue of a trade's classification as a compulsory trade or a voluntary trade may be considered again and that period of time shall be known as the period of repose.
Same
(7) A Board regulation made in relation to a trade for the purposes of subsection (1) shall state the period of repose, if any, set out in the review panel's report and no reclassification shall be made under this section during that period.
PART
X
Confidentiality
Confidentiality
62. (1) An individual engaged by the College in the administration of this Act, including an individual authorized by the Registrar to act as an investigator or as an inspector for the purposes of Part VIII, shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to anyone except,
(a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws;
(b) to his or her counsel;
(c) with the consent of the person to whom the information relates;
(d) to a peace officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;
(e) to the extent that the information is available to the public under this Act; or
(f) as otherwise required by law.
Definition
(2) In clause (1) (d),
"law enforcement proceeding" means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.
No requirement
(3) Nothing in clause (1) (d) shall require an individual described in subsection (1) to disclose information to a peace officer unless the information is required to be produced under a warrant.
Persons not compellable
(4) No one to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of their duties.
Documents not admissible
(5) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act.
Disclosure
(6) The Registrar may disclose personal information collected for the purposes of this Act or a predecessor of this Act and that is under the control of the College,
(a) to any person employed in the administration of similar legislation in another province or territory of Canada; or
(b) to any person if, in the opinion of the Registrar, the disclosure or communication would clearly benefit the individual who is the subject of the information.
Part xI
Appointments Council
Appointments Council established
63. (1) A council is established under the name College of Trades Appointments Council in English and Conseil des nominations à l'Ordre des métiers in French.
Composition
(2) The Appointments Council shall be composed of a chair and eight other members appointed by the Lieutenant Governor in Council.
Term of office
(3) The term of office of a member shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years.
Multiple terms
(4) A member of the Appointments Council may serve for more than one term.
Same
(5) A member of the Appointments Council may not serve for more than six consecutive years but is eligible for reappointment after one year's absence from the Appointments Council.
Remuneration
(6) The chair and other members of the Appointments Council shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council.
Quorum
(7) Five members of the Appointments Council constitute a quorum.
Vacancies in Board
(8) If one or more vacancies occur in the membership of the Appointments Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by subsection (7).
Duty to make appointments
(9) The Appointments Council shall appoint,
(a) the members of the Board;
(b) the members of the divisional boards and trade boards; and
(c) the members of the roster of adjudicators.
Reflecting diversity
(10) When carrying out its functions under subsection (9), the Appointments Council shall take into account the importance of reflecting across the governing structure of the College,
(a) Ontario's English and French linguistic duality;
(b) the diversity of Ontario's population;
(c) gender balance;
(d) representation from unionized and non-unionized and from large, medium and small business environments; and
(e) the various geographic areas of Ontario named in a Board regulation.
Governing structure
(11) For the purposes of subsection (10), the governing structure of the College consists of the Board, the divisional boards, the trade boards and the roster of adjudicators.
Additional functions
(12) In addition to its functions under subsection (9), the Appointments Council shall perform such duties as may be assigned to it by the Lieutenant Governor in Council.
Memorandum of understanding
(13) The Appointments Council shall perform its functions under this Act in accordance with a memorandum of understanding to be entered into between the chair, on behalf of the Council, and the Minister.
Administrative support
(14) The Minister shall provide the Appointments Council with such administrative support as the Minister considers necessary for the purposes of the Council.
Part XII
Apprenticeship
Functions
64. The Minister has the following functions for the purposes of this Act:
1. To promote trades and apprenticeship.
2. To register training agreements.
3. To issue guidelines and policies for the purposes of this Part.
4. To work with other governments in Canada and the College with respect to the interprovincial standards program for apprenticeship and the qualifications required for trades.
5. To approve persons that will provide training for apprenticeship programs established by the College.
6. To administer examinations that may be prescribed by the Board for the purposes of obtaining a certificate of qualification or statement of membership.
7. To conduct policy development, evaluation and research in relation to trades and apprenticeship.
8. To carry out such other functions as are provided for in this Act or as are assigned by the Lieutenant Governor in Council.
Training agreements
Registration of training agreements
65. (1) On application and on payment of the required fee, the Minister may register an agreement under which an individual is to receive training in a trade required as part of an apprenticeship program established by the College.
Minimum age
(2) An agreement shall not be registered unless the individual who is to receive the training is at least 16 years of age.
Cancellation on request
(3) The Minister may cancel the registration of a registered training agreement on the written request of the apprentice or the sponsor named in the agreement.
Cancellation, no statement of membership
(4) A registered training agreement is cancelled,
(a) on the day that is one month after the date of registration, if the individual does not, on that day, hold a statement of membership as an apprentice in the trade to which the registered training agreement relates;
(b) on the day the individual's statement of membership is revoked or cancelled.
Suspension if statement of membership suspended
(5) If an individual's statement of membership is suspended, any related registered training agreement is also suspended on the same date; the suspension of the agreement continues until the statement of membership is no longer suspended.
Suspension or revocation
(6) The Minister may suspend or revoke the registration of a registered training agreement if,
(a) the agreement or a provision of this Act or of a regulation made under this Act is not being complied with;
(b) a party to the agreement submitted false information to the Minister as part of the application for registration of the agreement; or
(c) a party to the agreement is dead or no longer exists.
Notice
(7) The Minister shall not suspend or revoke the registration of an agreement under clause (6) (a) or (b) unless the Minister has given the parties to the agreement written notice of his or her intention to do so and has held any hearing that may be required under subsection (8).
Hearing
(8) A party to the agreement may, within 30 days after receiving a notice under subsection (7), require the Minister to hold a hearing to determine whether the registration of the agreement should be suspended or revoked.
Completion of apprenticeship program
66. The Minister shall provide those who successfully complete an apprenticeship program established by the College with a certificate confirming the successful completion of the program.
Strikes and lock-outs
67. An apprentice's failure to perform work under a registered training agreement does not constitute non-compliance with the agreement if the failure to perform work is a result of a lock-out or lawful strike.
Wage rates
68. An apprentice in a trade named by a Minister's regulation for the purposes of this section is entitled to be paid the wage rates, if any, prescribed for his or her trade in a Board regulation.
Hours
69. An apprentice in a trade named by a Minister's regulation for the purposes of this section must complete the number of hours, if any, prescribed for his or her trade by a Board regulation in order to complete his or her apprenticeship program.
Minister's inspections
70. (1) The Minister may appoint inspectors for the purposes of determining,
(a) whether apprentices are receiving training in accordance with registered training agreements and apprenticeship programs established by the College; or
(b) whether a person who has been approved to provide training as part of an apprenticeship program established by the College is providing training in accordance with the program.
Entry on premise
(2) An inspector may enter any premises, and may examine any documents or other things on the premises, for the purposes referred to in subsection (1).
Dwellings
(3) Subsection (2) does not authorize entry of a dwelling without the consent of the occupier.
Time for entry
(4) The power to enter premises under subsection (2) may be exercised at any reasonable time.
Identification
(5) An inspector who enters premises under subsection (2) shall, on request, produce identification that provides evidence of his or her authority.
Entries and searches by warrant: inspections
(6) On the application, made without notice, of an inspector appointed for the purposes of subsection (1), 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 inspection 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 is at the place.
Entries and searches by warrant
(7) Sections 57 and 58 apply with necessary modifications to inspections under this section as if a reference to an inspector in those sections were a reference to an inspector appointed for the purposes of this section.
Production of proof of apprenticeship
(8) For the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1), an apprentice shall carry the proof of his or her apprenticeship issued by the Minister and, when requested to do so, shall produce the proof to a person appointed under subsection 54 (1) or a person authorized by a Minister's regulation to request such production.
Fees
71. The Minister may establish and charge fees for applications made under this Part and for other functions performed under this Part and for any examinations required for the purpose of receiving a certificate of qualification or statement of membership.
Part xiiI
Regulations and By-laws
Board regulations, subject to approval
72. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Board may make regulations,
1. respecting the scope of practice of a trade;
2. naming geographic areas for the purposes of clause 63 (10) (e);
3. providing for and governing classes of membership in the College in accordance with section 36, and prohibiting a person who is not a member of a class from,
i. engaging in the practice of a trade or holding himself or herself out as able to do so unless the individual holds a statement of membership in a trade to which such a class of membership relates and the statement is not suspended,
ii. employing or otherwise engaging an individual to perform work or engage in a practice that constitutes engaging in the practice of a trade unless the individual holds a statement of membership in a trade to which such a class of membership relates and the statement is not suspended,
iii. using the title of a trade to which such a class of membership relates or an abbreviation of the title of the trade to describe himself or herself in his or her work unless the individual holds a statement of membership in that class and the statement is not suspended,
iv. employing a journeyperson or sponsoring or employing an apprentice in a trade to which such a class of membership relates unless the person holds a statement of membership in that class and the statement is not suspended;
4. respecting certificates of qualification and imposing terms, conditions and limitations on them;
5. respecting statements of membership and imposing terms, conditions and limitations on them;
6. respecting applications for certificates of qualification and the issuing, suspension, revocation and expiration of the certificates;
7. respecting applications for statements of membership and the issuing, suspension, revocation and expiration of the statements;
8. prescribing standards, qualifications and other requirements for the issue of certificates of qualification and statements of membership, including, without limiting the generality of the foregoing, prescribing the qualifications and practical experience that are required for membership and providing for exemptions from the standards, qualifications and requirements;
9. providing that the Board or a committee of the Board may determine whether certain qualifications and practical experience are equivalent to the prescribed qualifications and practical experience for the purposes of issuing certificates of qualification and statements of membership;
10. prescribing ongoing education requirements for members of the College and requiring the filing of proof of completion of such requirements with the Registrar;
11. establishing processes and criteria for suspending certificates of qualification and statements of membership of members who fail to meet ongoing education requirements;
12. prescribing what constitutes a conflict of interest in the practice of a trade and regulating or prohibiting the practice of a trade in cases where there is a conflict of interest;
13. defining professional misconduct for the purposes of clause 46 (2) (c);
14. respecting the promotion or advertising of the practice of trades;
15. respecting the reporting and publication of decisions of committees;
16. regulating or prohibiting the use of terms, titles and designations by members of the College;
17. respecting the giving of notice of meetings and hearings that are to be open to the public;
18. prescribing wage rates to be paid to apprentices in a trade named in a Minister's regulation made for the purposes of section 68;
19. prescribing the specific number of hours that must be completed for an apprenticeship program in a trade named in a Minister's regulation made for the purposes of section 69;
20. providing for the issuing of provisional certificates of qualification and establishing terms, conditions and limitations for issuing them;
21. governing reviews under Part IX, including, without limiting the foregoing,
i. respecting the process for initiating a review under section 61,
ii. respecting the determination of journeyperson to apprentice ratios and prescribing the criteria and the process to be used in determining the appropriate journeyperson to apprentice ratio for a trade,
iii. prescribing trades as compulsory trades or voluntary trades and prescribing the criteria and the process to be used in determining whether a trade should be classified or reclassified as a compulsory trade or a voluntary trade and setting out maximum periods of repose for the purposes of section 61;
22. governing the establishment of apprenticeship programs;
23. respecting the determination of compliance with journeyperson to apprentice ratios;
24. exempting members of the College from any provision of this Act or the regulations made under this Act, other than a provision set out in Part XII or in a regulation made in relation to that Part.
Examinations permitted
(2) A regulation made under paragraph 8 of subsection (1) may authorize the Registrar to assess the qualifications or competency of potential members by examinations or other means.
By-laws
73. (1) The Board may make by-laws relating to the administrative and domestic affairs of the College, including, but not limited to, by-laws,
1. adopting a seal for the College;
2. providing for the execution of documents by the College;
3. respecting banking and finance;
4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College;
5. prescribing positions of officers of the College, providing for their election or appointment and prescribing their duties;
6. respecting the calling, holding and conducting of meetings of the Board, the divisional boards, trade boards and the duties of members of the Board;
7. respecting the calling, holding and conducting of meetings of the members of the College;
8. authorizing voting by the members on any business of the College and prescribing procedures for such voting;
9. respecting conflict of interest rules for members of the Board, the divisional boards, the trade boards and the roster of adjudicators, members of committees and officers and employees of the College;
10. providing for the remuneration of members of the Board, the divisional boards, the trade boards, the roster of adjudicators and members of committees, and for the payment of their expenses in the conduct of their business;
11. respecting the filling of vacancies on committees;
12. respecting the membership and practices and procedures of committees of the Board, including those referred to in subsection 30 (1), including,
i. the number of members to be appointed to each committee,
ii. the terms of office of those members,
iii. the conditions disqualifying members of the College from sitting on those committees,
iv. the removal of disqualified committee members, and
v. the quorum of those committees;
13. respecting the composition, practices and procedures of and quorum for panels of committees;
14. delegating to the Executive Committee or to a divisional board, the powers and duties of the Board, other than the power to make, amend or revoke regulations or by-laws;
15. prescribing a code of ethics and standards of practice for members or classes of members of the College;
16. providing for the appointment of investigators and inspectors for the purposes of Part VIII;
17. respecting the keeping of a register of members of the College, including, but not limited to, prescribing the information that must be kept in the register and information that may be removed from the register;
18. requiring members of the College to provide the College with information necessary for establishing and maintaining the register and for establishing and maintaining records necessary for the proper functioning of the College;
19. respecting the duties and office of the Registrar and the powers and duties of deputy registrars;
20. prescribing procedures for making, amending and revoking by-laws;
21. prescribing forms and providing for their use;
22. respecting the management of the property of the College;
23. respecting membership of the College in an organization or body with similar functions, the payment of annual assessments and representation at meetings;
24. authorizing the making of grants to advance knowledge or the education or training of those wishing to practise a trade, to maintain or improve the standards of practice of a trade or to provide public information about, and encourage interest in, the past and present role of trades in society;
25. requiring members of the College to pay periodic membership fees, fees upon registration, fees for ongoing education programs and fees for anything the Registrar or a committee of the College is required or authorized to do with respect to members, requiring members to pay penalties for the late payment of any fee and specifying the amount of any such fee or penalty;
26. requiring the payment of fees set by the Registrar or by by-law for applying for a certificate of qualification or a statement of membership and anything the Registrar is required or authorized to do with respect to a person who is not a member of the College;
27. respecting the designation of life or honorary members of the College and prescribing their rights and privileges;
28. exempting any member or class of members of the College from a by-law made under this section;
29. respecting indemnification by the College of members of the Board, the divisional boards, the trade boards and the roster of adjudicators, members of committees and officers and employees of the College;
30. respecting service of documents and giving of documents for proceedings before the Board or before review panels or committees.
Meetings by telecommunications, etc.
(2) A by-law made under paragraph 6 or 7 of subsection (1) may provide for the meetings to be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously.
Unanimous by-laws
(3) A by-law or resolution signed by all the members of the Board is as valid and effective as if passed at a meeting of the Board called, constituted and held for the purpose.
Copies of by-laws
(4) The Board shall ensure that a copy of each by-law is given to the Minister.
Application of s. 82, Legislation Act, 2006
(5) Section 82 of the Legislation Act, 2006 applies to the by-laws as if a reference in that section to a regulation were a reference to a by-law.
Regulations
Lieutenant Governor's regulations
74. (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing additional functions of the College for the purposes of paragraph 16 of section 11;
(b) respecting appointments to the Board under paragraph 2 of subsection 13 (1);
(c) providing for the removal of members of the Board, the divisional boards, the trade boards and the roster of adjudicators;
(d) making, amending or revoking a Board regulation as provided in section 27;
(e) authorizing the College or any other person specified by the regulations to exercise any power or perform any duty of the Minister, subject to such conditions and restrictions as may be specified in the regulations, including conditions and restrictions relating to freedom of information and protection of privacy;
(f) delegating any power or duty of the College, the Board or the Registrar to such person or persons as are referred to in the regulations;
(g) authorizing personal information to be collected by or on behalf of the Minister, other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;
(h) prescribing requirements and restrictions for the purposes of subsection 79 (4) and prescribing, for the purposes of subsection 79 (7), methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act;
(i) providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with this Act.
Regulations on joint recommendation
(2) The Lieutenant Governor in Council, on the joint recommendation of the Minister under this Act and the Minister under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006, may make regulations naming compulsory trades to which that Act applies and the date as of which that Act applies to them.
Minister's regulations
(3) The Minister may make regulations,
(a) prescribing trades as prescribed trades for the purposes of this Act;
(b) prescribing for the purposes of sections 13, 19 and 20 the trades that belong to each of the construction, motive power, industrial and service sectors;
(c) naming trades for the purposes of sections 68 and 69;
(d) prescribing any trade as being subject to a journeyperson to apprentice ratio;
(e) governing the administration of apprenticeship programs including the registration of training agreements;
(f) 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 established by the College, subject to such conditions and restrictions as may be specified in the regulations;
(g) exempting any person from any provision of this Act or the regulations made under this Act;
(h) designating persons by name, job title or otherwise who are authorized to request production of a certificate of qualification, statement of membership or proof of apprenticeship;
(i) providing for any transitional matter relating to the implementation of this Act.
Conflict, transitional regulations
(4) In the event of a conflict between a regulation made under clause (1) (i) and this Act, the regulation prevails.
Conflict, other regulations
(5) In the event of a conflict between regulations made under this Act,
(a) a Lieutenant Governor's regulation prevails over a Minister's regulation and a Board regulation; and
(b) a Minister's regulation prevails over a Board regulation.
Copies of regulations, by-laws
75. The Board shall ensure that a copy of all Board regulations and by-laws made under this Act are available for public inspection in the office of the College and the Board regulations and the by-laws shall be posted on the College's website or made available through a hyperlink at the College's website.
Copies to be provided
76. The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act.
PART XiV
MISCELLANEOUS
Right to use French
77. (1) Everyone has the right to use French in all dealings with the College.
Definition
(2) In this section,
"dealings" means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews.
Protection from liability
Crown
78. (1) No action or other proceeding shall be commenced against the Crown in right of Ontario in respect of any act or omission of the College or any member of the Board, a divisional board, a trade board or a review panel or any of its officers, employees or agents.
College, etc.
(2) No action or other proceeding shall be commenced against the College, a member of the Appointments Council, the Board, a divisional board, a trade board or a review panel or any officer or employee of the College for any act done in good faith in the performance or intended performance of his or her duties or for any neglect or default in the performance in good faith of his or her duties.
Collection and use of personal information
79. (1) The Minister may collect personal information, directly or indirectly, related to the following matters, and may use it for those purposes:
1. Administering this Act and the regulations and implementing the policies and guidelines made under this Act.
2. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act.
3. Planning or delivering programs or services in relation to trades and apprenticeship that the ministry of the Minister 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 of the Minister provides or funds, in whole or in part.
5. Research and statistical activities that relate to trades, whether or not they are designated under this Act, and that are conducted by or on behalf of the ministry of the Minister.
6. Such other matters related to trades, whether or not they are designated as trades under this Act, as the Lieutenant Governor in Council may determine.
Limits on collection and use
(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.
Same
(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.
Collection and use of personal information for research
(4) The collection or use of personal information for purposes related to the research as mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed in a Lieutenant Governor's regulation.
Disclosure
(5) The Minister may require any of the following to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):
1. The College and the persons who will provide training for apprenticeship programs established by the College.
2. Sponsors of apprentices.
3. Employers of apprentices and journeypersons.
Same
(6) The Minister may specify the time at which, and the form in which, the information must be provided.
Notice required by s. 39 (2) of FIPPA
(7) If the Minister collects personal information indirectly under subsection (1), without limiting the Minister's 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.
Disclosure
(8) The Minister may disclose personal information collected for the purposes of this Act or a predecessor of this Act and that is under the control of the Minister's ministry,
(a) to any person employed in the administration of similar legislation in another province or territory of Canada; or
(b) 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.
Records
80. Despite any other Act, the Minister may give to the College copies of records, including copies of records that contain personal information, or may otherwise disclose such information to the College, if in the Minister's opinion the records or information are necessary for the College to carry out its responsibilities.
Guarantee of loans
81. (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest.
Same
(2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes.
Service of notice or document
82. (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; or
(c) given or served in accordance with by-laws respecting service.
Same
(2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.
Certificate as evidence
Registrar's certificate
83. (1) A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal.
Minister's certificate
(2) A statement as to the registration or non-registration of a training agreement purporting to be certified by the Minister is receivable in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Minister.
Statutory Powers Procedure Act
84. If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.
Compliance order
85. If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order that the judge thinks fit.
Offences
Offence, engaging in practice, use of title, etc.
86. (1) Every person who contravenes Part II or who engages in an activity prohibited by a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.
Offence, false representation
(2) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate or statement 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
(3) Every person who knowingly assists a person in committing an offence under subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Offence, preserving secrecy
(4) A person who contravenes section 62 is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Offence, submitting false information
(5) Every person who submits false information to the Minister as part of an application to register a training agreement made under Part XII or in any information provided to the Minister 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
(6) A person is guilty of an offence and on conviction is liable to a fine of not more than $10,000 if a Board regulation provides for an examination for the purpose of obtaining a certificate of qualification or a statement of membership,
(a) if 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) if the person knowingly acquires or attempts to acquire any information respecting the contents of the examination if the person is an applicant for a certificate of qualification or statement of membership.
Offence, obstruction of investigators and inspectors
(7) A person is guilty of an offence and on conviction is liable to a fine of not more than $10,000 if the person obstructs an investigator appointed under section 53 or an inspector appointed under section 54 or 70 in the course of the investigator's or inspector's duties or if the person withholds or conceals from the investigator or inspector or destroys anything that is relevant to the investigation or inspection.
Review by Minister
87. (1) The Minister shall conduct a review of this Act within five years after this section comes into force.
Same
(2) The Minister shall,
(a) inform the public when a review under this section begins; and
(b) prepare a written report respecting the review and make that report available to the public.
Part xV
Transition
First Board
88. (1) Despite subsection 13 (1), the first Board shall be composed of the members of the Appointments Council until the first anniversary of the coming into force of section 12 or such other date as may be prescribed by a regulation under subsection (2).
Regulations
(2) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (1).
Certificates of qualification
89. (1) A certificate of qualification issued to a journeyperson under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 and that is valid immediately before section 37 comes into force shall be deemed to be a certificate of qualification issued under this Act to the journeyperson in the trade for which the certificate was issued.
Expiry
(2) A deemed certificate of qualification to which subsection (1) applies ceases to have effect on the second anniversary of the coming into force of section 37 unless an earlier date is prescribed by a Minister's regulation for certificates related to the trade in respect of which the certificate of qualification was issued.
Right to obtain certificate of qualification
(3) The holder of a valid deemed certificate of qualification to which subsection (1) applies is entitled to a certificate of qualification issued by the College upon filing an application with the registrar and upon paying the fees required by the by-laws of the College if the application is filed and the fees paid before the expiry of the period referred to in subsection (2).
Training agreements and contracts of apprenticeship
90. (1) Training agreements registered under the Apprenticeship and Certification Act, 1998 and contracts of apprenticeship filed under the Trades Qualification and Apprenticeship Act and that were valid immediately before the coming into force of section 65 shall be deemed to be registered training agreements under this Act.
Deemed statement of membership
(2) The apprentice named in a valid deemed registered training agreement to which subsection (1) applies is deemed to hold a statement of membership as an apprentice in the trade to which the registered training agreement relates.
Expiry
(3) A deemed statement of membership to which subsection (2) applies ceases to have effect on the first anniversary of the coming into force of section 65 unless an earlier date is prescribed by a Minister's regulation for statements of membership related to the trade to which the deemed statement of membership relates.
Right to obtain statement of membership
(4) The holder of a valid deemed statement of membership to which subsection (2) applies is entitled to a statement of membership as an apprentice in the relevant trade issued by the College upon filing an application with the registrar and upon paying the fees required by the by-laws of the College if the application is filed and the fees paid before the expiry of the period referred to in subsection (3).
Compulsory and voluntary trades
91. (1) Before the coming into force of section 61, the Minister may make regulations designating any trade as either a compulsory trade or a voluntary trade and the trade shall retain the status that is prescribed for it until changed under that section.
Same
(2) If the Board makes a regulation under section 61 before the repeal of the Trades Qualification and Apprenticeship Act and the Apprenticeship and Certification Act, 1998, the designation of a trade as a compulsory trade takes effect immediately as if it had been prescribed under,
(a) the Trades Qualification and Apprenticeship Act as a trade that has not been exempted from subsection 10 (2) of that Act; or
(b) the Apprenticeship and Certification Act, 1998 as a trade for which restricted skill sets have been prescribed.
Journeyperson to apprentice ratios
92. (1) A journeyperson to apprentice ratio in effect under the Trades Qualification and Apprenticeship Act immediately before section 65 comes into effect shall be deemed to be the journeyperson to apprentice ratio established under this Act and continues in effect until amended under section 60.
Same
(2) If the Board makes a regulation under section 60 before the repeal of the Trades Qualification and Apprenticeship Act, the journeyperson to apprentice ratio takes effect immediately as if it had been prescribed under the Trades Qualification and Apprenticeship Act in respect of that trade.
Transitional duties of Board
93. (1) On or before the implementation date, the Board shall,
(a) cause the initial review referred to in subsection 60 (3) to be begun with respect to every trade that has been prescribed by a Minister's regulation as being subject to a journeyperson to apprentice ratio, if the Minister's regulation is in force on or before the implementation date; and
(b) make a Board regulation described in subsection 61 (3).
Implementation date
(2) In subsection (1),
"implementation date" means the later of,
(a) the first anniversary of the coming into force of section 12,
(b) such other date as may be prescribed by a regulation made under subsection (3).
Regulations
(3) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of the definition of "implementation date" in subsection (2).
Wage rates and hours
94. All wage rates and hours of work prescribed under the Trades Qualification and Apprenticeship Act continue in effect until amended or repealed under this Act.
Temporary register
95. The Minister may establish a temporary register pending the coming into force of section 42 containing,
(a) the name of journeypersons holding a certificate of qualification under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998;
(b) the name of each trade for which a journeyperson holds a certificate of qualification under those Acts;
(c) any terms, conditions and limitations imposed on the journeyperson's certificate of qualification under those Acts; and
(d) a notation of every revocation, cancellation and suspension of a journeyperson's certificate of qualification under those Acts.
PART XVI
AMENDMENTS, REPEALS, COMMENCEMENT AND SHORT TITLE
Corporations Tax Act
96. (1) The definition of "eligible course" in subsection 13.5 (1) of the Corporations Tax Act is repealed and the following substituted:
"eligible course" means a course of study offered by an eligible educational institution that provides credit towards a post-secondary degree, diploma, certificate or an apprentice training program approved under the Ontario College of Trades and Apprenticeship Act, 2009 or a predecessor of that Act; ("cours admissible")
(2) Paragraph 3 of subsection 43.13 (7) of the Act is repealed and the following substituted:
3. The corporation, or the corporation acting through a union or a local or joint apprenticeship committee, and the apprentice are participating in an apprenticeship program, in which the training agreement has been registered under the Ontario College of Trades and Apprenticeship Act, 2009 or the Apprenticeship and Certification Act, 1998 or in which the contract of apprenticeship has been registered under the Trades Qualification and Apprenticeship Act.
(3) Subsection 43.13 (8) of the Act is repealed and the following substituted:
End of apprenticeship
(8) For the purposes of this section, a qualifying apprenticeship is deemed to end on the earlier of the date on which the apprentice is entitled to receive the appropriate certificate under the Ontario College of Trades and Apprenticeship Act, 2009 or a predecessor of that Act and the date, if any, on which the training agreement or contract of apprenticeship is cancelled, suspended or revoked.
(4) The definition of "qualifying skilled trade" in subsection 43.13 (19) of the Act is repealed and the following substituted:
"qualifying skilled trade" means an apprenticeship trade designated by the Minister that is or was regulated under the Ontario College of Trades and Apprenticeship Act, 2009, the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act. ("métier spécialisé admissible")
Fair Access to Regulated Professions Act, 2006
97. (1) The short title of the Fair Access to Regulated Professions Act, 2006 is repealed and the following substituted:
Fair Access to Regulated Professions and Compulsory Trades Act, 2006
(2) Section 2 of the Act is amended by adding the following definition:
"compulsory trade" means the Ontario College of Trades in respect of a compulsory trade named in the regulations made under subsection 74 (2) of the Ontario College of Trades and Apprenticeship Act, 2009, as a trade to which this Act applies; ("métier à accréditation obligatoire")
(3) Section 5 of the Act is amended by adding the following subsection:
Compulsory trades
(2) This Act applies to the Ontario College of Trades in the same manner and to the same extent as if a reference in this Act to a regulated profession were a reference to a compulsory trade as of the date named in the regulations made under subsection 74 (2) of the Ontario College of Trades and Apprenticeship Act, 2009.
(4) Subsection 34 (1) of the Act is amended by adding the following clause:
(j.1) varying this Act as it applies to compulsory trades in such manner as the Lieutenant Governor in Council considers necessary in order to ensure the effective administration and enforcement of this Act in relation to compulsory trades;
Income Tax Act
98. Subsection 8.4.5 (7) of the Income Tax Act is repealed and the following substituted:
End of apprenticeship
(7) For the purposes of this section, a qualifying apprenticeship is deemed to end on the earlier of the date on which the apprentice is entitled to receive the appropriate certificate under the Ontario College of Trades and Apprenticeship Act, 2009 or a predecessor of that Act and the date, if any, on which the training agreement or contract of apprenticeship is cancelled, suspended or revoked.
Municipal Act, 2001
99. The definition of "plumbing business" in section 11.1 of the Municipal Act, 2001 is repealed and the following substituted:
"plumbing business" means plumbing contractors and plumbers holding a certificate of qualification under the Ontario College of Trades and Apprenticeship Act, 2009 to do plumbing work or a person with equivalent qualifications by training or experience; ("entreprise de plomberie")
Taxation Act, 2007
100. (1) Paragraph 2 of subsection 89 (7) of the Taxation Act, 2007 is repealed and the following substituted:
2. The taxpayer, or the taxpayer acting through a union or a local or joint apprenticeship committee, and the apprentice are participating in an apprenticeship program in which the training agreement has been registered under the Ontario College of Trades and Apprenticeship Act, 2009 or the Apprenticeship and Certification Act, 1998 or in which the contract of apprenticeship has been registered under the Trades Qualification and Apprenticeship Act.
(2) Subsection 89 (8) of the Act is repealed and the following substituted:
End of apprenticeship
(8) For the purposes of this section, a qualifying apprenticeship is deemed to end on the earlier of the date on which the apprentice is entitled to receive the appropriate certificate under the Ontario College of Trades and Apprenticeship Act, 2009 or a predecessor of that Act and the date, if any, on which the training agreement or contract of apprenticeship is cancelled, suspended or revoked.
(3) Subsection 89 (10) of the Act is repealed and the following substituted:
Interpretation
(10) For the purposes of subparagraphs 1 iv and 2 iii of subsection (9), an apprenticeship program is deemed to commence on the date that the contract of apprenticeship is or was registered under the Trades Qualification and Apprenticeship Act or the training agreement is registered under the Ontario College of Trades and Apprenticeship Act, 2009 or the Apprenticeship and Certification Act, 1998, as the case may be.
(4) The definitions of "apprenticeship program" and "qualifying skilled trade" in subsection 89 (19) of the Act are repealed and the following substituted:
"apprenticeship program" means a program to which the Ontario College of Trades and Apprenticeship Act, 2009, or a predecessor of that Act applies or applied; ("programme d'apprentissage")
"qualifying skilled trade" means an apprenticeship trade designated by the Minister of Finance that is or was regulated under the Ontario College of Trades and Apprenticeship Act, 2009, the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act. ("métier spécialisé admissible")
Trades Qualification and Apprenticeship Act
101. Subsection 1.1 (1) of the Trades Qualification and Apprenticeship Act is repealed and the following substituted:
Application
(1) This Act applies only to the following trades:
1. Architectural glass and metal technician.
2. Brick and stone mason.
3. Cement mason.
4. Construction boilermaker.
5. Construction millwright.
6. Drywall, acoustic and lathing applicator.
7. Drywall finisher and plasterer.
8. Electrician.
9. General carpenter.
10. Hoisting engineer.
11. Ironworker and reinforcing rodworker.
12. Lineworker.
13. Painter and decorator.
14. Plumber.
15. Refrigeration and air-conditioning mechanic.
16. Sheet metal worker.
17. Sprinkler and fire protection installer.
18. Steamfitter.
19. Such other trades in the construction industry as are prescribed by the regulations.
Repeals
102. Sections 88, 89, 90, 91, 92, 93, 94 and 95 of this Act are repealed on such day or days as may be named by proclamation of the Lieutenant Governor.
Repeals
103. The following Acts are repealed:
1. The Apprenticeship and Certification Act, 1998.
2. The Trades Qualification and Apprenticeship Act.
Commencement
104. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Parts I (section 1), XI (section 63) and XIII (sections 72 to 76), and sections 95, 101, this section and section 105 come into force on the day this Act receives Royal Assent.
Short title
105. The short title of this Act is the Ontario College of Trades and Apprenticeship Act, 2009.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 183 and does not form part of the law. Bill 183 has been enacted as Chapter 22 of the Statutes of Ontario, 2009.
The Bill sets out a scheme for the governance of the practice of trades in Ontario through the establishment of the Ontario College of Trades and through revising the current framework of apprenticeship training and certification contained in the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act.
Part I of the new Act sets out the definitions applicable to the Act.
Part II prohibits a person from engaging in the practice of a trade designated under the Act, employing journeypersons in those trades or sponsoring or employing apprentices unless the person is a member of the College. This Part also contains prohibitions relating to the use of certain titles and designations and the right to hold oneself out as a member of the College and failing to employ sufficient journeypersons in relation to the number of apprentices as determined under the Act.
Part III contains general provisions relating to the objects, organization and administration of the College and its board of governors. This Part includes provisions respecting the relationship between the College and the Minister of Training, Colleges and Universities. The Board will be appointed by a council to be known as the College of Trades Appointments Council which is established under Part XI. Membership in the College is defined and annual meetings of the members are required.
Part IV sets out the powers and duties of the Registrar and the Registration Appeals Committee in relation to the registration of members of the College. This Part also provides for the keeping of a register and for suspension by the Registrar for failure to pay fees or to provide information required by the by-laws.
Part V sets out the powers and duties of the Complaints Committee, the Discipline Committee and the Fitness to Practise Committee. The Complaints Committee is responsible for receiving complaints and referring them to the appropriate committee for consideration. The Discipline Committee is responsible for reviewing allegations of professional misconduct or incompetence and the Fitness to Practise Committee is responsible for reviewing allegations of incapacity.
Part VI provides for procedures for relief from sanctions imposed on members of the College under the Act.
Part VII permits appeals to the Divisional Court from decisions of the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee and sets out procedures for those appeals.
Part VIII permits the Registrar, in specified circumstances, to appoint an investigator and inspectors to assist the College in carrying out its functions under the Act.
Part IX deals with establishing journeyperson to apprentice ratios and with the classification of trades as compulsory trades (i.e. trades in which you must be a member of the College to practise) or voluntary trades (i.e. trades in which you can practise without being a member of the College).
Part X imposes confidentiality requirements on those engaged by the College in the administration of the Act.
Part XI establishes the Appointments Council which will be responsible for appointing the members of the Board and other key bodies in the College's governance structure.
Part XII sets out the responsibilities of the Minister in relation to trades and apprenticeship.
Part XIII provides authority to make regulations and by-laws.
Part XIV contains miscellaneous provisions, including provisions relating to the use of French, the collection and use of information and provisions relating to offences.
Parts XV and XVI contain transitional provisions, consequential amendments to other Acts, and repeal and commencement provisions.