Bill 158, Million Jobs Act, 2014

Versions

Bill 158 2014

An Act to promote job creation in Ontario

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short title
Schedule 1	Getting Government Spending under Control Act, 2014
Schedule 2	More Jobs with Affordable Energy Act, 2014
Schedule 3	Tax Cuts Create Jobs Act, 2014
Schedule 4	Supporting Business by Ending the Red Tape Runaround Act, 2014
Schedule 5	Strengthening Our Skilled Trades Act, 2014
Schedule 6	Building the Best Workforce Act, 2014
Schedule 7	Abolish the Ontario College of Trades Act, 2014
Schedule 8	More Jobs Through Free Trade Act, 2014
Schedule 9	Pro-Growth Approach to Immigration Act, 2014

______________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The short title of this Act is the Million Jobs Act, 2014.

Schedule 1
GETTING GOVERNMENT SPENDING UNDER CONTROL ACT, 2014

Preamble

Since 2003, the rate of annual spending in the Province of Ontario has increased well in excess of the rate of inflation and population growth leading to alarmingly high annual deficits and accumulated debt. Without urgent action to put the Province on a sustainable path, by the fiscal year 2017-2018 the annual deficit is projected to grow to a staggering $30.2 billion and accumulated debt to $411.4 billion.

The interest alone on that debt will assume an even greater share of the Province's program spending, which should be focused on core services such as health care, education, infrastructure and justice, not paying interest on debt. In order for Ontario to compete internationally and attract investment, it is imperative that the Government get its spending under control, balance the budget and pay down its mounting debt.

It is equally imperative that the Government lead by example. Since 2010, the present Government has consulted fully with its employees and bargaining agents representing those employees and solicited their suggestions for achieving ways to reduce the annual deficit and accumulated debt. The Province's fiscal plans, as laid out in its budgets and other documents, have repeatedly and publicly made clear the necessity of reining in the costs of human resource compensation in the public sector. Those costs account for more than half of all program spending.

To date, according to Ministry of Labour figures, the Province has been unable to achieve zero increase in the costs of human resource compensation in the public sector. For example, Government Bill 115 was enacted on September 11, 2012 as the Putting Students First Act, 2012 but was repealed on January 23, 2013. It would have imposed a two-year wage freeze on boards, employees of boards and employee bargaining agents in the education sector starting, for most employees, on September 1, 2012. Private Member's Bill 5 (Comprehensive Public Sector Compensation Freeze Act, 2013) was introduced on February 25, 2013 but has not been enacted. As a result, on its current path, the Province is unlikely to achieve the structural change in spending that is necessary to balance the budget by the fiscal year 2017-2018.

To that end and to better reflect the current ability of the private sector economy to pay its employees, the Government must impose a comprehensive freeze of at least two years on all salaries and compensation paid to employees in the public sector.

Definitions

1. In this Act,

"compensation" means all forms of payment, benefits and perquisites paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes discretionary payments; ("rémunération")

"compensation plan" means the provisions, however established, for the determination and administration of a person's compensation; ("régime de rémunération")

"employee", "employer" and "public sector" have the same meaning as in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996; ("employé", "employeur", "secteur public")

"pay range" means a range of rates of pay; ("échelle salariale")

"rate of pay" means the rate of remuneration or, where no such rate exists, any fixed or ascertainable amount of remuneration. ("taux de salaire")

Compliance with this Act

2. Every employer shall comply with this Act with respect to the employer's employees.

Pay freeze

3. (1) The rate of pay for an employee employed in a position in the public sector shall not be increased before the second anniversary of the day this Act receives Royal Assent, except as permitted by subsection (3).

Pay range

(2) The maximum amount within a pay range, if any, for an employee employed in a position in the public sector and any steps within the pay range shall not be increased before the second anniversary of the day this Act receives Royal Assent.

Increase in minimum wage

(3) If the rate of pay for an employee employed in a position in the public sector falls below the minimum wage established under Part IX of the Employment Standards Act, 2000, the rate of pay may be increased to match the minimum wage.

Benefits freeze

4. (1) A benefit, perquisite or payment provided to an employee employed in a position in the public sector under a compensation plan as it existed on the day this Act receives Royal Assent shall not be increased before the second anniversary of that day.

Same, other benefits

(2) Despite subsection (1), no benefit, perquisite or payment shall be provided to an employee employed in a position in the public sector in recognition of any of the following matters relating to the employee, even if the benefit, perquisite or payment is authorized under the compensation plan as it existed on the day this Act receives Royal Assent:

1. Length of time in employment.

2. An assessment of performance.

3. Successful completion of a program or course of professional or technical education.

No new or additional benefits

(3) No new or additional benefits, perquisites or payments, as compared to those authorized under a compensation plan as it existed on the day this Act receives Royal Assent, shall be provided to an employee employed in a position in the public sector under the compensation plan before the second anniversary of the day this Act receives Royal Assent.

Overpayment of compensation

5. Compensation paid to an employee in the public sector in contravention of section 3 or 4 is a debt due to the employer and the employer may recover it by any remedy or other procedure available to the employer by law, including by setting it off against compensation owing to the employee that the employer has not yet paid to the employee.

Conflict with this Act

6. (1) This Act prevails over any provision of a compensation plan and, if there is a conflict between this Act and a compensation plan, the compensation plan is inoperative to the extent of the conflict.

Same, other laws

(2) This Act prevails over any other Act and over any regulation, by-law or other statutory instrument.

Exception

(3) Nothing in this Act shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code, the Pay Equity Act or section 42 or 44 of the Employment Standards Act, 2000.

Same

(4) Nothing in this Act shall be interpreted or applied so as to prevent the application of the insurance plan under the Workplace Safety and Insurance Act, 1997 to an individual to whom the insurance plan did not apply on the day this Act receives Royal Assent.

Compliance reports by employer

7. (1) Every employer shall give the Minister responsible for the administration of this Act the reports that are prescribed concerning the employer's compliance with this Act.

Submission of reports

(2) Each report must be submitted in the prescribed form and manner and within the prescribed period.

Contents of reports

(3) Each report shall include a statement signed by the employer's highest ranking officer certifying whether the employer has complied with this Act.

Regulations

8. The Lieutenant Governor in Council may make regulations,

(a) governing how rates of pay, pay ranges and benefits, perquisites and payments provided under a compensation plan are to be valued;

(b) specifying any matter that is described as prescribed in this Act.

Commencement

9. The Act set out in this Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Short title

10. The short title of the Act set out in this Schedule is the Getting Government Spending under Control Act, 2014.

Schedule 2
more jobs with Affordable ENERGY Act, 2014

Electricity Act, 1998

1. (1) Clause 25.32 (2) (b) of the Electricity Act, 1998 is amended by striking out "or section 25.35" at the end.

(2) Paragraph 3 of subsection 25.32 (6) of the Act is amended by striking out "or section 25.35".

2. Section 25.35 of the Act is repealed and the following substituted:

Feed-in tariff program

25.35 (1) In this section,

"feed-in tariff program" means the program set out in this section, as it read immediately before its re-enactment by section 2 of Schedule 2 to the Million Jobs Act, 2014; ("programme de tarifs de rachats garantis")

"large-scale renewable energy source" has the meaning prescribed by the regulations. ("source d'énergie renouvelable abondante")

Reconsideration of contracts

(2) If the OPA entered into a contract for the procurement of energy from a large-scale renewable energy source under the feed-in tariff program and, as of the day this section comes into force, the renewable energy source has not been connected to the IESO-controlled grid, no person shall connect the renewable energy source to the grid unless,

(a) the Minister has consulted with the municipality in which the renewable energy source is or would be located about the impact of the renewable energy source on the municipality; and

(b) after consulting with the municipality, the Minister has notified in writing all parties to the contract that the renewable energy source may be connected to the IESO-controlled grid.

Conditions or restrictions

(3) The Minister may impose conditions and restrictions when authorizing a connection under clause (2) (b).

Minister's power to prohibit connection to grid

(4) After consulting with a municipality under clause (2) (a), the Minister may make a decision to prohibit the connection of the renewable energy source to the IESO-controlled grid and, in that case, he or she shall notify all parties to the contract of the decision.

Application, renewable energy source not in municipality

(5) Subsection (2) does not apply to a renewable energy source that is not located in a municipality.

3. Subsection 114 (1.3) of the Act is amended by adding the following clause:

(i) prescribing the meaning of "large-scale renewable energy source" for the purposes of section 25.35.

Environmental Protection Act

4. Part V.0.1 of the Environmental Protection Act is amended by adding the following section:

Transition

47.8 If the Director would not be the designated authority set out in subsection 47.1.1 (1), as enacted by subsection 5 (1) of Schedule 2 to the Million Jobs Act, 2014 with respect to a renewable energy approval, he or she shall not issue or renew the approval on or after the day this section comes into force.

5. (1) Part V.0.1 (sections 47.1 to 47.8) of the Act, as amended by section 4, is repealed and the following substituted:

PART V.0.1
renewable energy

Definitions

47.1 In this Part,

"designated authority" means the person or entity set out in subsection 47.1.1 (1); ("autorité désignée")

"environment" has the same meaning as in the Environmental Assessment Act; ("environnement")

"large-scale solar facility" has the meaning prescribed by the regulations; ("grande installation solaire")

"large-scale wind facility" has the meaning prescribed by the regulations. ("grande installation éolienne")

Designated authority

47.1.1 (1) For the purposes of this Part, the designated authority in respect of a renewable energy approval is as follows:

1. If the approval is in respect of a renewable energy project that would be located in a single-tier municipality and involves a large-scale wind facility or large-scale solar facility, the single-tier municipality.

2. If the approval is in respect of a renewable energy project that would be located in a lower-tier municipality and involves a large-scale wind facility or large-scale solar facility, the lower-tier municipality.

3. In any other case, the Director.

Delegation of municipality's powers

(2) A municipality may delegate its powers, duties and responsibilities under this Part to a committee of adjustment constituted under section 44 of the Planning Act.

Same, conditions and restrictions

(3) A municipality may impose conditions and restrictions that govern the exercise of the delegated powers or the performance of the delegated duties or responsibilities.

Purpose

47.2 (1) The purpose of this Part is to provide for the protection and conservation of the environment.

Application of s. 3 (1)

(2) Subsection 3 (1) does not apply to this Part.

Requirement for renewable energy approval

47.3 (1) A person shall not engage in a renewable energy project, except under the authority of and in accordance with a renewable energy approval issued by a designated authority, if engaging in the project involves engaging in any of the following activities:

1. An activity for which, in the absence of subsection (2), subsection 9 (1) of this Act would require an environmental compliance approval.

2. An activity for which, in the absence of subsection (2), subsection 27 (1) of this Act would require an environmental compliance approval.

3. An activity for which, in the absence of subsection (2), subsection 34 (3) of the Ontario Water Resources Act would require a permit.

4. An activity for which, in the absence of subsection (2), section 36 of the Ontario Water Resources Act would require a well construction permit.

5. An activity for which, in the absence of subsection (2), subsection 53 (1) of the Ontario Water Resources Act would require an environmental compliance approval.

6. An activity for which, in the absence of subsection (2), a provision prescribed by the regulations would require an approval, permit or other instrument.

7. Any other activity prescribed by the regulations.

Exemptions

(2) The following provisions do not apply to a person who is engaging in a renewable energy project:

1. Subsection 9 (1) of this Act.

2. Subsection 27 (1) of this Act.

3. Subsection 34 (3) of the Ontario Water Resources Act.

4. Section 36 of the Ontario Water Resources Act.

5. Subsection 53 (1) of the Ontario Water Resources Act.

6. A provision prescribed by the regulations for the purpose of paragraph 6 of subsection (1).

Application

47.4 (1) An application for the issue or renewal of a renewable energy approval shall be prepared in accordance with the by-laws or regulations and submitted to the designated authority.

Designated authority may require information

(2) The designated authority may require an applicant under subsection (1) to submit any plans, specifications, engineers' reports or other information and to carry out and report on any tests or experiments relating to the renewable energy project.

Designated authority's powers

47.5 (1) After considering an application for the issue or renewal of a renewable energy approval, the designated authority may, if in its opinion it is in the public interest to do so,

(a) issue or renew a renewable energy approval; or

(b) refuse to issue or renew a renewable energy approval.

Terms and conditions

(2) In issuing or renewing a renewable energy approval, the designated authority may impose terms and conditions if in its opinion it is in the public interest to do so.

Other powers

(3) On application or on its own initiative, the designated authority may, if in its opinion it is in the public interest to do so,

(a) alter the terms and conditions of a renewable energy approval after it is issued;

(b) impose new terms and conditions on a renewable energy approval; or

Same

(4) A renewable energy approval is subject to any terms and conditions prescribed by the by-laws or regulations.

Water transfers: Great Lakes-St. Lawrence River, Nelson and Hudson Bay Basins

47.6 A renewable energy approval shall not authorize a person to take water contrary to subsection 34.3 (2) of the Ontario Water Resources Act.

Policies, renewable energy approvals

47.7 (1) The Minister may, in writing, issue, amend or revoke policies in respect of renewable energy approvals.

Same

(2) A policy or the amendment or revocation of a policy takes effect on the later of the following days:

1. The day that notice of the policy, amendment or revocation, as the case may be, is given in the environmental registry established under the Environmental Bill of Rights, 1993.

2. The effective day specified in the policy, amendment or revocation, as the case may be.

Same, Director's decisions

(3) Subject to subsection 145.2.2 (1), decisions made by the Director under this Act in respect of renewable energy approvals shall be consistent with any policies issued under subsection (1) that are in effect on the date of the decision.

Same, municipality's decisions

(4) Subject to subsection 145.2.2 (2), in making decisions under this Act in respect of renewable energy approvals, a municipality shall have regard to any policies issued under subsection (1) that are in effect on the date of the decision.

By-laws

47.8 (1) A single-tier or lower-tier municipality may make by-laws relating to this Part,

(a) providing for the issue, renewal, suspension and revocation of renewable energy approvals, and prescribing conditions for the issuing, renewing, suspending and revoking;

(b) governing the inclusion of terms and conditions in renewable energy approvals;

(c) governing the preparation and submission of applications for the issue, renewal or revocation of renewable energy approvals and applications to alter the terms and conditions of renewable energy approvals or to impose conditions on renewable energy approvals;

(d) governing eligibility requirements relating to applications for the issue, renewal or revocation of renewable energy approvals and applications to alter the terms and conditions of renewable energy approvals or to impose conditions on renewable energy approvals, including requirements for consultation;

(e) governing renewable energy generation facilities in relation to,

(i) planning, design, siting, buffer zones, notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the municipality and improvement,

(ii) the discontinuance of the operation of any plant, structure, equipment, apparatus, mechanism or thing at a renewable energy generation facility,

(iii) the closure of renewable energy generation facilities;

(f) governing the location of renewable energy generation facilities, including prohibiting or regulating the construction, installation, use, operation or changing of renewable energy generation facilities in parts of the municipality;

(g) prohibiting the transfer of a renewable energy approval or prescribing requirements for transferring a renewable energy approval, including requiring the written consent of the municipality.

Same, regulations on same subject matter inoperative

(2) If a by-law made under subsection (1) and a regulation made under section 175.1 or 176 address the same subject matter, the regulation is inoperative to the extent that it addresses that subject matter.

(2) Paragraph 3 of subsection 47.3 (1) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

3. An activity for which, in the absence of subsection (2), subsection 34 (1) of the Ontario Water Resources Act would require a permit, if the activity would not involve a transfer as defined in subsection 34.5 (1) of that Act.

(3) Paragraph 3 of subsection 47.3 (2) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

3. Subsection 34 (1) of the Ontario Water Resources Act, if the person engaging in the renewable energy project is not engaged in a taking of water that involves a transfer as defined in subsection 34.5 (1) of that Act.

6. Part XIII of the Act is amended by adding the following section:

Application of Part to renewable energy approvals

137. (1) This Part applies with necessary modification to a decision made by a municipality under Part V.0.1, and for that purpose,

(a) a reference to a Director shall be deemed to be a reference to the municipality; and

(b) a reference to the Tribunal shall be deemed to be a reference to the Ontario Municipal Board.

Exception

(2) Subsection 145.2.2 (1) does not apply to a decision made by a municipality under Part V.0.1.

7. Section 145.2.2 of the Act is amended by adding the following subsection:

Regard to policies

(2) In making a decision or order under this Part in respect of a renewable energy approval, the Ontario Municipal Board shall have regard to any policies issued by the Minister under section 47.7 that are in effect on the date of the municipality's decision.

8. Subsection 176 (4.1) of the Act is amended by adding the following clauses:

(g) prescribing the meaning of "large-scale solar facility" and "large-scale wind facility" for the purposes of section 47.1;

(h) providing for transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of sections 5 to 8 of Schedule 2 to the Million Jobs Act, 2014.

Green Energy and Green Economy Act, 2009

9. (1) Subsection 4 (2) of Schedule G to the Green Energy and Green Economy Act, 2009 is repealed.

(2) Subsection (1) applies only if subsection 4 (2) of Schedule G to the Act has not come into force by the day subsection 5 (1) of this Schedule comes into force.

(3) Subsection 4 (3) of Schedule G to the Act is repealed.

(4) Subsection (3) applies only if subsection 4 (3) of Schedule G to the Act has not come into force by the day subsection 5 (1) of this Schedule comes into force.

Commencement and Short Title

Commencement

10. (1) Subject to subsections (2) and (3), this Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Same

(2) Subsection 5 (1) and sections 6, 7, 8 and 9 come into force six months after the day the Million Jobs Act, 2014 receives Royal Assent.

Same

(3) Subsections 5 (2) and (3) come into force on the later of the following days:

1. The day subsection 5 (1) comes into force.

2. The day subsection 1 (8) of the Safeguarding and Sustaining Ontario's Water Act, 2007 comes into force.

Short title

11. The short title of the Act set out in this Schedule is the More Jobs with Affordable Energy Act, 2014.

schedule 3
Tax Cuts Create Jobs Act, 2014

1. (1) Clause 29 (2) (c) of the Taxation Act, 2007 is amended by striking out "after June 30, 2011" and substituting "after June 30, 2011 and before July 1, 2014".

(2) Subsection 29 (2) of the Act is amended by adding the following clauses:

(d) 11 per cent multiplied by the ratio of the number of days in the taxation year that are after June 30, 2014 and before July 1, 2015 to the total number of days in the taxation year;

(e) 10 per cent multiplied by the ratio of the number of days in the taxation year that are after June 30, 2015 to the total number of days in the taxation year.

Commencement

2. This Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Short title

3. The short title of the Act set out in this Schedule is the Tax Cuts Create Jobs Act, 2014.

Schedule 4
Supporting Business by Ending the Red Tape Runaround Act, 2014

Definitions

1. In this Act,

"consolidated law" and "e-Laws website" have the same meaning as in the Legislation Act, 2006; ("texte législatif codifié", "site Web Lois-en-ligne")

"consolidated regulation" means a regulation that is a consolidated law and that is published on the e-Laws website; ("règlement codifié")

"public sector" has the same meaning as in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996; ("secteur public")

"regulation" has the same meaning as in Part III of the Legislation Act, 2006; ("règlement")

"regulation-maker", with respect to a regulation made under an Act, means the person or body, including the Lieutenant Governor in Council, that is authorized to make the regulation. ("autorité réglementaire")

Review of regulations

2. (1) Within one year after the date on which this Act comes into force and by each anniversary of that date, the Minister responsible for administering the provision of an Act under which each of the consolidated regulations that are published on the e-Laws website as of the date on which this Act comes into force or the anniversary of that date, as the case may be, shall review the regulation to determine whether it is feasible to revoke or to shorten the regulation.

Content of review

(2) To determine whether it is feasible to revoke or to shorten a consolidated regulation, the Minister required to do the review shall answer the following questions:

1. Is the regulation necessary to achieve the public policy set out in the Act under which it is made?

2. Has the Government identified the regulatory burden that the regulation imposes on persons or bodies?

3. Has the Government identified the amount of time and cost that persons and bodies on whom the regulation imposes a regulatory burden incur in complying with the burden?

4. Has the Government assessed the effect that the regulation could reasonably be expected to have on the Ontario economy and the economic competitiveness of Ontario as opposed to other jurisdictions that are economic competitors of Ontario?

5. To the extent reasonably possible, does the regulation avoid overlap with requirements imposed by other Ontario legislation or by other levels of government?

Copy of review

(3) Upon reviewing a consolidated regulation, a Minister shall send to the Lieutenant Governor in Council a written copy of the answers to the questions listed in subsection (2), the reasons for the Minister's answers and the determination that the Minister makes whether it is feasible to revoke or to shorten the regulation.

Response of Lieutenant Governor in Council

3. (1) The Lieutenant Governor in Council shall have a target of reducing the size of the database of consolidated regulations that are published on the e-Laws website,

(a) by one-third in comparison to its size as of the date this Act comes into force and of achieving that reduction by the third anniversary of that date; and

(b) by a further percentage that the Lieutenant Governor in Council shall determine in comparison to its size as of the date this Act comes into force and of achieving that reduction by a time that the Lieutenant Governor in Council determines on each anniversary of that date after the third anniversary.

Requirement for Ministers

(2) To attempt to ensure that the target described in subsection (1) is met, the Lieutenant Governor in Council shall, each time after receiving the material described in subsection 2 (3) that relates to the latest annual review period described in subsection 2 (1), require each Minister to take all reasonable steps to ensure that the regulation-makers of consolidated regulations made under a provision of an Act that the Minister is responsible for administering reduce the size of the database of those regulations by a specified percentage by the end of the next following annual review period.

Factor to consider

(3) In setting a requirement for a Minister under subsection (2), the Lieutenant Governor in Council shall take into account the determinations that the Minister has made whether it is feasible to revoke or to shorten consolidated regulations.

Minister's recommendation

(4) As part of complying with his or her requirement under subsection (2), a Minister who reported to the Lieutenant Governor in Council under subsection 2 (3) that it was feasible to revoke or shorten a consolidated regulation shall recommend that the regulation-maker of the regulation make the necessary revoking or amending regulation, as the case may be, and shall take all reasonable steps to ensure that the regulation-maker makes the revoking or amending regulation.

Determining Ministers' compliance

4. (1) By the end of each annual review period described in subsection 2 (1), the Lieutenant Governor in Council shall determine whether each Minister has complied with section 2 by the end of the review period and with the Minister's requirements described in subsections 3 (2) and (4) in the year of the review period, if subsection 3 (2) required the Lieutenant Governor in Council to set a requirement for the Minister with respect to that year.

Salary reduction for Ministers

(2) If the Lieutenant Governor in Council determines that a Minister has failed to comply with section 2 by the end of an annual review period or has failed to comply with the Minister's requirements described in subsections 3 (2) and (4) for the year of an annual review period, if applicable, the salary of the Minister payable under section 3 of the Executive Council Act is reduced by 25 per cent for the year of the review period.

Regulations

5. The Lieutenant Governor in Council may make regulations prescribing anything that is described in this Act as being prescribed by the regulations made under this Act.

Commencement

6. The Act set out in this Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Short title

7. The short title of the Act set out in this Schedule is the Supporting Business by Ending the Red Tape Runaround Act, 2014.

Schedule 5
Strengthening our Skilled Trades Act, 2014

CONTENTS

General
1.	Purposes
2.	Definitions
3.	Application
4.	Director of Apprenticeship
5.	Industry committees
Training Agreements
6.	Registration of training agreements
7.	Suspension or revocation
Completion of Apprenticeship Program
8.	Completion of apprenticeship program
Certificates and Letters of Permission
9.	Certificates
10.	Letters of permission
11.	Suspension, revocation, refusal to renew
Restricted Skill Sets
12.	Restricted skill sets
13.	Employment
Miscellaneous
14.	Strikes and lock-outs
15.	Notice
16.	Inspections
17.	Offences
18.	Fees
19.	Regulations
Commencement and Short Title
20.	Commencement
21.	Short title

______________

General

Purposes

1. The purposes of this Act are,

(a) to support and regulate the acquisition of skills for trades and other occupations through workplace-based apprenticeship programs that lead to formal certification;

(b) to promote quality training for trades and other occupations; and

(c) by the means set out in clauses (a) and (b), to expand opportunities for Ontario workers, increase the competitiveness of Ontario businesses and ensure public and worker protection.

Definitions

2. In this Act,

"apprentice" means an individual who has entered into a registered training agreement under which the individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director; ("apprenti")

"certificate" means a certificate of qualification or other certificate issued under subsection 9 (1); ("certificat")

"certificate of qualification" means a certificate of qualification for a trade or other occupation issued under clause 9 (1) (a) and does not include a certificate for a skill set issued under clause 9 (1) (b); ("certificat de qualification professionnelle")

"Director" means the Director of Apprenticeship; ("directeur")

"letter of permission" means a letter of permission issued under section 10; ("permission intérimaire")

"Minister" means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; ("ministre")

"person" means an individual, corporation, partnership, sole proprietorship, association or any other organization or entity; ("personne")

"registered training agreement" means an agreement registered under this Act under which an individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director; ("contrat d'apprentissage enregistré")

"regulations" means the regulations made under this Act; ("règlements")

"restricted skill set" means a skill set that is designated as a restricted skill set by the regulations; ("ensemble restreint de compétences")

"skill set" means one or more skills; ("ensemble de compétences")

"sponsor" means a person that has entered into a registered training agreement under which the person is required to ensure that an individual is provided with workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director. ("parrain")

Application

3. This Act does not apply to a trade to which the Building the Best Workforce Act, 2014 applies.

Director of Apprenticeship

4. (1) A Director of Apprenticeship shall be appointed under Part III of the Public Service of Ontario Act, 2006.

Functions

(2) The functions of the Director are:

1. To approve apprenticeship programs for trades, other occupations and skill sets, including curricula, training standards, examinations and the persons and institutions that will provide training.

2. To approve other forms of training for trades, other occupations and skill sets.

3. To issue guidelines for the purposes of this Act.

4. To work with other governments in Canada to promote the interprovincial standards program for apprenticeship and the qualifications required for trades, other occupations and skill sets.

5. To advise the Minister with respect to apprenticeship programs and the qualifications required for trades, other occupations and skill sets.

6. To exercise and perform such other powers and duties as are provided for in this Act or prescribed by the regulations.

Consideration of recommendations

(3) If a committee established under section 5 makes recommendations to the Minister relating to an apprenticeship program, the Director shall consider the recommendations before approving the apprenticeship program under paragraph 1 of subsection (2).

Collection of personal information

(4) The Director may collect personal information in accordance with the Freedom of Information and Protection of Privacy Act for the purposes of this Act.

Delegation

(5) The Director may, in writing, authorize any person or class of persons employed under Part III of the Public Service of Ontario Act, 2006 to exercise any power or perform any duty of the Director, subject to any conditions or restrictions set out in the authorization.

Industry committees

5. (1) The Minister may establish a committee for any trade, other occupation or group of trades or other occupations to perform the following functions:

1. To advise the Minister with respect to apprenticeship programs and the qualifications required for trades, other occupations and skill sets.

2. To develop and revise apprenticeship programs and to recommend them to the Minister, including curricula, training standards, examinations and the persons and institutions that will provide training.

3. To promote high standards in the delivery of apprenticeship programs.

4. To promote apprenticeship as a method of acquiring skills for trades and other occupations.

5. To consider recommendations from employers in the trade, other occupation or group of trades or other occupations and from apprentices and other persons who work in the trade, other occupation or group of trades or other occupations.

6. To perform such other functions as may be assigned by the Minister or the Director.

Composition

(2) The Minister shall appoint at least six people to each committee mentioned in subsection (1), made up of equal numbers of representatives of,

(a) employers in the trade, other occupation or group of trades or other occupations; and

(b) employees in the trade, other occupation or group of trades or other occupations.

Same

(3) The Director is also a member of each committee mentioned in subsection (1).

Training Agreements

Registration of training agreements

6. (1) On application and on payment of the required fee, the Director may register an agreement under which an individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director.

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.

Academic qualifications

(3) An agreement shall not be registered unless the individual who is to receive the training,

(a) has successfully completed the academic standard prescribed by the regulations for the trade, other occupation or skill set; or

(b) if no academic standard has been prescribed by the regulations for the trade, other occupation or skill set, has successfully completed Grade 12 in Ontario or has successfully completed an academic standard that the Director considers equivalent.

Suspension or revocation

7. (1) The Director may suspend or revoke the registration of a registered training agreement if,

(a) the apprentice requests it;

(b) the sponsor requests it;

(d) a party to the agreement submitted false information to the Director as part of the application for registration of the agreement; or

(e) a party to the agreement is dead or no longer exists.

Notice

(2) The Director shall not suspend or revoke the registration of an agreement under clause (1) (b), (c) or (d) unless the Director 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 (3).

Hearing

(3) A party to the agreement may, within 30 days after receiving a notice under subsection (2), require the Director to hold a hearing to determine whether the registration of the agreement should be suspended or revoked.

Completion of Apprenticeship Program

Completion of apprenticeship program

8. The Director shall provide every person who successfully completes an apprenticeship program approved by the Director with a statement confirming the successful completion of the program.

Certificates and Letters of Permission

Certificates

9. (1) On application and on payment of the required fee, the Director may issue,

(a) a certificate of qualification for a trade or other occupation; or

(b) a certificate, other than a certificate of qualification, for a skill set.

Qualifications

(2) A certificate may be issued under subsection (1) only to a person who,

(a) has successfully completed an apprenticeship program approved by the Director for the trade, other occupation or skill set; and

(b) achieves a grade satisfactory to the Director on an examination approved by the Director.

Same

(3) Clause (2) (b) does not apply to a trade, other occupation or skill set if the Director is of the opinion that no examination is necessary for that trade, other occupation or skill set.

Equivalent qualifications

(4) Despite subsection (2), the Director may issue a certificate if the person,

(a) has qualifications that the Director considers equivalent to the qualifications required by clause (2) (a); and

(b) achieves a grade satisfactory to the Director on an examination approved by the Director.

Same

(5) Clause (4) (b) does not apply to a trade, other occupation or skill set if the Director is of the opinion that no examination is necessary for that trade, other occupation or skill set.

Equivalent Canadian document

(6) Despite subsections (2) and (4), the Director may issue a certificate of qualification for a trade or other occupation under subsection (1) to a person who holds an equivalent document issued for the same trade or occupation in another province or territory of Canada, if,

(a) the document issued in the other province or territory is an authorizing certificate, within the meaning of the Ontario Labour Mobility Act, 2009, for the trade or occupation; or

(b) the other province or territory and the trade or occupation for which the document was issued in that province or territory are prescribed for the purpose of this clause.

Letters of permission

10. (1) On application and on payment of the required fee, the Director may issue a letter of permission for a trade or other occupation or for a skill set.

Period of validity

(2) A letter of permission is valid for a period of three months or for such shorter period as may be specified by the Director in the letter.

No renewal

(3) A letter of permission is not capable of renewal, but the Director may issue a new letter of permission.

Suspension, revocation, refusal to renew

11. (1) The Director may suspend, revoke or refuse to renew a certificate, and may suspend or revoke a letter of permission, if,

(a) the holder of the certificate or letter submitted false information to the Director as part of an application made under this Act;

(b) the holder of the certificate or letter has been convicted of an offence under this Act;

(c) the holder of the certificate or letter has not maintained acceptable standards of competence in the trade, other occupation or skill set to which the certificate or letter relates; or

(d) the holder of the certificate or letter does not have the qualifications that would be required for the issuance of a new certificate for the trade, other occupation or skill set.

Other grounds for refusal to renew

(2) The Director may also refuse to renew a certificate if the refusal is authorized or required by the regulations.

Notice

(3) The Director shall not suspend, revoke or refuse to renew a certificate, or suspend or revoke a letter of permission, unless the Director has given the holder of the certificate or letter written notice of his or her intention to do so and has held any hearing that may be required under subsection (4).

Hearing

(4) The holder of the certificate or letter of permission may, within 30 days after receiving a notice under subsection (3), require the Director to hold a hearing to determine whether the certificate should be suspended or revoked, whether renewal of the certificate should be refused or whether the letter of permission should be suspended or revoked.

Non-payment of fees

(5) The Director may refuse to renew a certificate on the grounds that the appropriate fee for renewal of the certificate has not been paid, and subsections (3) and (4) do not apply to the refusal.

Restricted Skill Sets

Restricted skill sets

12. (1) An individual shall not perform a skill that is part of a restricted skill set unless,

(a) the individual holds a certificate for the restricted skill set or for a trade or other occupation that includes the restricted skill set;

(b) the individual is an apprentice under a registered training agreement under which the individual is to receive workplace-based training in the restricted skill set as part of an apprenticeship program approved by the Director; or

(c) the individual holds a letter of permission for the restricted skill set or for a trade or other occupation that includes the restricted skill set.

Overlapping skill sets

(2) An individual who is authorized to perform a skill that is part of a restricted skill set may perform that skill even if the skill is also part of another restricted skill set or of a trade or other occupation that includes the restricted skill set.

Employment

13. A person shall not employ or otherwise engage an individual to perform a skill that is part of a restricted skill set unless the individual is authorized to perform that skill.

Miscellaneous

Strikes and lock-outs

14. An apprentice's failure to perform work required by 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.

Notice

15. A notice under this Act that is sent by mail shall be deemed to have been received on the fifth day after it was mailed, unless the person to whom it was sent establishes that, acting in good faith, the person did not receive the notice or did not receive it until a later day.

Inspections

16. (1) The Director may enter any premises, and may examine any documents or other things on the premises, for the purpose of determining,

(a) whether apprentices are receiving training in accordance with registered training agreements;

(b) whether a person or institution that has been approved to provide training as part of an apprenticeship program is providing training in accordance with the program; or

Dwellings

(2) Subsection (1) does not authorize entry into a dwelling without the consent of the occupier.

Time for entry

(3) The power to enter premises under subsection (1) may be exercised at any reasonable time.

Copies

(4) A person who enters premises under subsection (1) may, on giving a receipt, remove documents or other things for the purpose of making copies, but the documents or other things shall be promptly returned.

Identification

(5) A person who enters premises under subsection (1) shall, on request, produce identification that provides evidence of his or her authority.

Offences

17. Every person who does any of the following is guilty of an offence and on conviction is liable to a fine of not more than $25,000:

1. Contravenes subsection 12 (1) or section 13.

2. Submits false information to the Director as part of an application made under this Act.

3. Uses, for the purpose of obtaining employment or business, a false certificate or letter of permission or a certificate or letter of permission issued to another person.

Fees

18. The Minister may establish and charge fees for applications made under this Act, for examinations required under this Act, or for any other function performed in connection with this Act or the regulations.

Regulations

19. (1) The Lieutenant Governor in Council may make regulations,

(a) designating a skill set as a restricted skill set for the purposes of this Act;

(b) defining a trade or other occupation to include a restricted skill set for the purposes of section 12;

(c) exempting a person or class of persons from any provision of this Act, subject to such conditions or restrictions as may be prescribed in the regulations;

(d) authorizing an industry organization or other person specified by the regulations to exercise powers and perform duties of the Director, 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;

(e) providing for any transitional matter relating to this Act, including any transitional matter the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act or as a consequence of the repeal of the Ontario College of Trades and Apprenticeship Act, 2009 and the enactment of this Act.

Conflict with transitional regulations

(2) If there is a conflict between a regulation made under clause (1) (e) and any Act or regulation, the regulation under this section prevails.

Regulations to amend Acts

(3) The Lieutenant Governor in Council may make regulations that amend this Act or any other Act for the purpose of making the following changes:

1. Changing a reference in the Act from the Apprenticeship and Certification Act, 1998 to the Strengthening Our Skilled Trades Act, 2014.

2. Changing a reference in the Act from the Trades Qualification and Apprenticeship Act to the Building the Best Workforce Act, 2014.

3. Changing a reference in the Act from the Ontario College of Trades and Apprenticeship Act, 2009 to the Strengthening Our Skilled Trades Act, 2014 or the Building the Best Workforce Act, 2014, or both.

Regulations: Minister

(4) The Minister may make regulations,

(a) prescribing powers and duties of the Director;

(b) governing committees established under section 5, including giving committees additional powers and duties;

(d) prescribing academic standards that must be successfully completed before an agreement may be registered under section 6;

(e) governing the issuance, expiry, renewal, suspension or revocation of certificates and governing the issuance, expiry, suspension or revocation of letters of permission;

(f) for the purpose of clause 9 (6) (b), prescribing one or more provinces or territories of Canada and, for each province or territory prescribed, prescribing one or more trades or occupations that are practised in that province or territory;

(g) deeming a person who holds a document issued in another province or territory of Canada to hold a certificate issued under section 9, subject to such conditions and restrictions as may be specified in the regulations;

(h) deeming a person from another province or territory of Canada to be an apprentice under a registered training agreement under which he or she is to receive workplace-based training in a skill set as part of an apprenticeship program approved by the Director, subject to such conditions and restrictions as may be specified in the regulations.

Academic standards

(5) The Minister shall not make a regulation prescribing an academic standard under clause (4) (d),

(a) for a trade or other occupation, unless the standard has been recommended by a committee established under section 5 for the trade or other occupation or for a group of trades or other occupations that includes the trade or other occupation; or

(b) for a skill set, unless the standard has been recommended by a committee established under section 5 for a trade, other occupation or group of trades or other occupations that includes the skill set.

Commencement and Short Title

Commencement

20. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

21. The short title of the Act set out in this Schedule is the Strengthening Our Skilled Trades Act, 2014.

Schedule 6
Building the Best Workforce Act, 2014

CONTENTS

1.	Interpretation and application
2.	Examiners
3.	Provincial advisory committees, appointment
4.	Local apprenticeship committees
5.	Agreements
6.	Duties of Director
7.	Powers of Director
8.	Cancellation of contract
9.	Duty to register as an apprentice
10.	Certified trades
11.	Strikes
12.	Essentials of apprenticeship contracts
13.	Registration of contracts
14.	Minors
15.	Termination of apprenticeship contracts
16.	Certificate of apprenticeship
17.	Certificate of qualification
18.	Term of certificate
19.	Refusal to renew, suspension or revocation
20.	Suspension, etc., of trade school licence
21.	Proposal to suspend, etc., licence
22.	Service of notice
23.	Appeal to court
24.	Offences
25.	Certificate of Director as evidence
26.	Regulations
27.	Regulations by Minister
28.	Commencement
29.	Short title

______________

Interpretation and application

Definitions

1. (1) In this Act,

"apprentice" means a person who is at least 16 years of age and who has entered into a contract under which the person is to receive, from or through his or her employer, training and instruction in a trade; ("apprenti")

"certified trade" means a trade designated as a certified trade under section 10; ("métier agréé")

"Director" means the Director of Apprenticeship appointed under the Strengthening Our Skilled Trades Act, 2014; ("directeur")

"employer" includes the Crown and any other public authority, the Ontario Apprenticeship Institute and any local apprenticeship committee; ("employeur")

"licence" means a licence under this Act and the regulations to operate a trade school and "licensee" means the holder of a licence; ("permis", "titulaire d'un permis")

"regulations" means the regulations made under this Act. ("règlements")

Application

(2) 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.

Examiners

2. Subject to the approval of the Minister, the Director may appoint one or more examiners to assist in the conduct of examinations prescribed for any trade.

Provincial advisory committees, appointment

3. (1) The Minister may appoint a provincial advisory committee in any trade or group of trades to advise the Minister on matters relating to the establishment and operation of apprentice training programs and trades qualifications.

Composition

(2) Every provincial advisory committee shall consist of not fewer than five members made up of equal numbers of representatives of employers and of employees and the Director or such other officer of the Ministry as may be designated by the Director.

Term of office of appointed members

(3) The representatives of employers and employees on a provincial advisory committee shall be appointed for terms of one, two or three years, and having served a term shall not be reappointed for at least two years.

Vacancies

(4) When a vacancy occurs on a provincial advisory committee during a term of office, the Minister may fill the vacancy for the unexpired portion of the term.

Local apprenticeship committees

4. The Director may appoint local apprenticeship committees, composed of such persons as the Director considers appropriate for any area of Ontario, to advise and assist him or her in matters relating to apprenticeship or trades qualifications in the area.

Agreements

5. With the approval of the Lieutenant Governor in Council, the Minister may enter into one or more agreements with the Minister of Labour of Canada respecting apprentice or other training.

Duties of Director

6. Subject to the supervision and control of the Minister, it is the duty of the Director to administer and enforce this Act, and, without limiting the generality of the foregoing, for the purposes of this Act,

(a) to collaborate with persons and organizations in the determination of training requirements in any trade;

(b) to undertake or collaborate in studies or investigations of any trade and of the requirements for the supply and training of persons for any trade;

(d) to plan and carry out programs of apprenticeship in any trade; and

(e) generally to perform such other duties as are assigned to him or her by the Minister for the carrying out of this Act.

Powers of Director

7. (1) For the purpose of carrying out this Act, the Director, or any person authorized by the Minister in writing, may,

(a) inspect, upon production of his or her authorization under this subsection, the premises, equipment and training facilities of an employer;

(b) inspect and examine all books, payrolls and other records of an employer that in any way relate to the wages, hours of labour or conditions of employment of any person;

(d) require an employer to make full disclosure and production of all records, documents, statements, writings, books, papers or extracts from them or copies of them that the employer may have in the employer's possession or control, or other information, either oral or in writing and either verified by oath or otherwise, that in any way relate to the wages, hours of labour or conditions of employment of persons employed by the employer.

Same, special circumstances

(2) Despite any of the provisions of this Act or the regulations, the Director may register any person as an apprentice, or grant a certificate of apprenticeship, a certificate of qualification or a certificate of proficiency to any person, who, in the opinion of the Director, is unable by reason of physical incapacity or other circumstances to take or complete the prescribed course of study or training in a trade or apprentice training program.

Cancellation of contract

8. (1) Subject to subsection (2), the Director, or any person authorized by the Minister in writing, may cancel for cause a contract of apprenticeship.

Notice of proposal to cancel, right to hearing

(2) Where the Director, or any person authorized under subsection (1), proposes to cancel for cause a contract of apprenticeship under subsection (1), he or she shall serve notice of the proposal, together with written reasons, on each party to the contract informing the person that the person has a right to a hearing by a judge if the person applies for it within 15 days after service of such notice, and a party to the contract may within such time apply for a hearing to the judge of the Superior Court of Justice.

Powers of Director where no hearing

(3) Where none of the parties to a contract to which a notice under subsection (2) relates applies to a judge for a hearing within 15 days after service of such notice, the Director or person authorized under subsection (1) may promptly cancel the contract.

Powers of judge where hearing

(4) Where a party to a contract to which a notice under subsection (2) relates applies to a judge for a hearing within 15 days after service of such notice, the judge shall appoint a time for and hold a hearing and, on application at the hearing by the Director or person serving the notice, may by order direct the Director or such person to cancel the contract or to refrain from cancelling the contract, as the case may be, as the judge considers proper in accordance with this Act and the regulations.

Parties

(5) The Director or person serving the notice under subsection (2), the parties to the contract to which the notice relates and such other persons as the judge may specify are parties to proceedings before the judge under this section.

Duty to register as an apprentice

9. (1) Every person who commences work at a trade for which an apprentice training program is established but who does not hold a certificate of apprenticeship or qualification in that trade shall,

(a) promptly apply in the prescribed form for apprenticeship in that trade; and

(b) within three months after commencing work in that trade, file with the Director his or her contract of apprenticeship.

Same

(2) Every person who fails to comply with subsection (1) shall, upon the expiration of the period of three months mentioned in clause (1) (b), cease to work in that trade until the person files with the Director his or her contract of apprenticeship or until the Director authorizes in writing the continuation or resumption of such work.

Certified trades

10. (1) The Lieutenant Governor in Council may designate any trade as a certified trade for the purposes of this Act, and may provide for separate branches or classifications within the trade.

Persons who may work in a certified trade

(2) No person, other than an apprentice or a person of a class that is exempt from this section or a person referred to in subsection (4), shall work or be employed in a certified trade unless he or she holds a subsisting certificate of qualification in the certified trade.

Persons who may be employed in a certified trade

(3) No person shall employ any person, other than an apprentice or a person of a class that is exempt from this section or a person referred to in subsection (4), in a certified trade unless the person employed holds a subsisting certificate of qualification in the certified trade.

Qualification of those in the trade at time of designation

(4) When a trade is certified under subsection (1), a person who is working in the trade at the time that it is certified shall be allowed a period of two years, from the first day of the month following the month in which the trade is certified, to qualify for a certificate of qualification in the trade, if the person,

(a) is the holder of a certificate of apprenticeship in the trade;

(b) satisfies the Director that he or she has been continuously engaged as a journeyperson in the trade for a period of time in excess of the apprenticeship period for the trade; or

(c) satisfies the Director that he or she is qualified to work in the trade and meets such other requirements as the Director may prescribe.

Strikes

11. An apprentice who lawfully strikes within the meaning of the Labour Relations Act, 1995 shall be deemed not to have broken his or her contract of apprenticeship.

Essentials of apprenticeship contracts

12. (1) Every contract of apprenticeship shall be,

(a) for a period of at least two years;

(b) in the prescribed form;

(i) by the employer,

(ii) by the person to be apprenticed, and

(iii) if he or she is under 18 years of age, by a parent or the guardian of the person to be apprenticed, but, if neither parent nor the guardian is willing to sign or is capable of signing, a judge of the Superior Court of Justice may, upon the application of the person to be apprenticed and without the appointment of a litigation guardian, dispense with the signature of either parent or of the guardian upon proof to the satisfaction of the judge that the contract is in the interests of the person to be apprenticed; and

(d) approved by the Director.

Ratio of apprentices to journeypersons

(2) The ratio of apprentices to journeypersons who may be employed by an employer in a trade shall be, for every trade, one apprentice to one journeyperson.

Registration of contracts

13. Every contract of apprenticeship shall, upon its approval by the Director, be promptly registered by the Director.

Minors

14. Every apprentice who is under 18 years of age shall perform and is entitled to the benefits of his or her contract of apprenticeship in accordance with its terms in the same manner and to the same extent as if he or she were of the full age of 18 years.

Termination of apprenticeship contracts

15. (1) A contract of apprenticeship shall not be terminated before the completion of the apprenticeship period provided in the contract except by,

(a) the death of either party;

(b) consent, express or implied, of the parties; or

Transfer

(2) Where, in the opinion of the Director, the terms of a contract of apprenticeship cannot be fulfilled to the advantage of either party, the Director may arrange for the transfer of the contract.

Termination, etc., to be noted

(3) The termination, cancellation or transfer of a contract of apprenticeship shall be noted by the Director on the registered copy of the agreement.

Certificate of apprenticeship

16. Where an apprentice has completed an apprentice training program for a certified trade and has passed such final examinations as are prescribed by the Director to determine his or her competency and has complied with the provisions of this Act and the regulations, the Director shall issue to the apprentice a certificate of apprenticeship for the certified trade.

Certificate of qualification

To holder of certificate of apprenticeship

17. (1) Where an applicant for a certificate of qualification for a certified trade is the holder of a certificate of apprenticeship in the trade issued under this Act or a predecessor of this Act, the Director shall, upon payment of the prescribed fee and without examination, issue to the applicant a certificate of qualification for the trade.

To non-holder of certificate of apprenticeship

(2) Where an applicant for a certificate of qualification for a certified trade who is not the holder of a certificate of apprenticeship in the trade has complied with the requirements of this Act and the regulations to entitle him or her to such certificate of qualification, the Director shall, upon payment of the prescribed fee, issue to the applicant a certificate of qualification for the trade.

To holder of equivalent Canadian document

(3) The Director shall, upon payment of the prescribed fee and without examination, issue a certificate of qualification for a certified trade to an applicant who is the holder of an equivalent document for the same trade issued in another province or territory of Canada, if,

(a) the document issued in the other province or territory is an authorizing certificate, within the meaning of the Ontario Labour Mobility Act, 2009, for the trade; or

(b) the other province or territory and the trade for which the document was issued in that province or territory are prescribed for the purpose of this clause.

Term of certificate

18. (1) Unless otherwise prescribed by regulation, a certificate of qualification expires two years after the date of its issue.

Renewal

(2) Subject to section 19, a certificate of qualification shall be renewed by the Director upon application and payment of the prescribed fee by the holder.

Refusal to renew, suspension or revocation

19. Subject to section 21, the Director may refuse to renew or may suspend or revoke a certificate of qualification where,

(a) the holder is convicted of an offence under this Act or the regulations; or

(b) there are reasonable grounds for believing that the holder is without capacity or not competent to perform work in the certified trade to which the certificate relates with reasonable skill.

Suspension, etc., of trade school licence

20. Where under the regulations a licence is required for the operation of a trade school teaching any trade to which this Act applies and such a licence for a trade school has been issued, subject to section 21, the Director may refuse to renew or may suspend or revoke the licence where the school is not being operated,

(a) in accordance with this Act or the regulations; or

(b) so as to provide reasonable and adequate training for the students of the trade school.

Proposal to suspend, etc., licence

21. (1) Where the Director proposes to refuse to renew or to suspend or revoke a certificate of qualification or a licence under section 19 or 20, the Director shall serve notice of the proposal, together with written reasons, on the holder of the certificate or on the licensee.

Notice

(2) The notice shall inform the holder of the certificate or the licensee that the person is entitled to a hearing by a judge of the Superior Court of Justice if the person applies to a judge of the court within 15 days after the notice is served on the person, and the person may apply for such a hearing.

Powers of Director where no hearing

(3) Where a holder of a certificate or licensee does not apply to a judge for a hearing in accordance with subsection (2), the Director may carry out the proposal stated in the notice.

Powers of judge where hearing

(4) Where a holder of a certificate or licensee applies to a judge for a hearing in accordance with subsection (2), the judge shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may, by order, direct the Director to carry out the Director's proposal or refrain from carrying out the proposal and to take such action as the judge considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the judge may substitute his or her opinion for that of the Director.

Continuation of certificate or licence pending renewal

(5) Where, within the time prescribed or, if no time is prescribed, before expiry of a certificate of qualification or licence, the holder of the certificate or the licensee has applied for its renewal and paid the prescribed fee, the certificate or licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the holder is served with notice that the Director proposes to refuse to grant the renewal, until the time for applying for a hearing by a judge has expired and, where a hearing is applied for, until the judge has made his or her decision.

Parties

(6) The Director, the holder of a certificate or the licensee who has applied for the hearing and such other persons as the judge may specify are parties to proceedings before a judge under this section.

Service of notice

22. (1) Service of a notice under section 8 or 21 may be made personally or by registered mail addressed to the person to be served at the person's last known address, and, where notice is served by registered mail, the notice shall be deemed to have been served on the third day after the day of mailing unless the person on whom notice is being served establishes to the judge to whom the person applies for a hearing that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive the notice until a later date.

Extension of deadline for appeal

(2) A judge to whom application is made for a hearing under section 8 or 21 may extend the deadline for making the application, either before or after expiration of the deadline, where he or she is satisfied that there are apparent grounds for granting relief to the applicant pursuant to a hearing and that there are reasonable grounds for applying for the extension and may give such directions as he or she considers proper relating to the extension.

Notice of hearing

(3) Notice of a hearing under section 8 or 21 shall afford the parties or the holder of a certificate or licence, as the case may be, a reasonable opportunity to show or to achieve compliance, before the hearing, with all lawful requirements for the continuation of the contract of apprenticeship or retention of the certificate of qualification or licence.

Examination of documentary evidence

(4) A party to a contract of apprenticeship or a holder of a certificate of qualification or licensee who is a party to proceedings under section 8 or 21 shall be afforded an opportunity to examine, before the hearing, any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Recording of evidence

(5) The oral evidence taken before the judge at a hearing shall be recorded and, if required, copies of a transcript of the oral evidence shall be furnished upon the same terms as in the Superior Court of Justice.

Findings of fact

(6) The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Appeal to court

23. (1) Any party to proceedings before a judge under this Act may appeal from the decision or order of the judge to the Divisional Court in accordance with the rules of court.

Minister entitled to be heard

(2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section.

Powers of court on appeal

(3) The Divisional Court may affirm the decision of the judge appealed from or may rescind it and make such new decision as the court considers proper under this Act and the regulations, and may order the Director to do any act or thing he or she is authorized to do under this Act and as the court considers proper, and for such purpose the court may substitute its opinion for that of the Director or of the judge, or the court may refer the matter back to the judge for rehearing, in whole or in part, in accordance with such directions as the court considers proper.

Offences

24. (1) Every person who does any of the following is guilty of an offence and on conviction is liable to a fine of not more than $2,000:

1. Contravenes any provision of this Act or the regulations.

2. Fails to carry out the terms of a contract of apprenticeship under this Act.

3. Enters into a contract or arrangement relating to the employment of an apprentice that is not in accordance with this Act.

4. Withholds any information with regard to the working or training conditions of apprentices or makes any misrepresentation with regard to such conditions.

5. Obstructs, hinders, prevents or otherwise interferes with the carrying out of this Act or the regulations or the terms of a contract of apprenticeship under this Act.

6. Uses, for the purpose of obtaining employment or business, a certificate of apprenticeship, a certificate of qualification or a certificate of proficiency issued to another person.

Collection of arrears of apprentice's wages

(2) In addition to any fine that may be imposed on an employer for failure to pay an apprentice the wages due an apprentice, the court may order the employer to pay to the Director in trust for the apprentice an amount equal to the arrears of wages to which the apprentice is entitled, and, when the order becomes final, a copy of it, certified as a true copy by the court that made it, may be filed by the Director with a local registrar of the Superior Court of Justice or, where the amount of arrears does not exceed the monetary limit of the Small Claims Court, with the clerk of that court, and, when filed and upon payment of the fees of the local registrar or clerk, such order becomes an order of the court in which it is filed and may be enforced as a judgment of the court against the employer for the amount mentioned in the order and the fees paid.

Certificate of Director as evidence

25. A statement as to the issuing or non-issuing of a certificate, approval or licence, or the renewal, revocation or suspension of a certificate or licence, or as to the registration or non-registration of a contract of apprenticeship purporting to be certified by the Director is, without proof of the appointment or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in any action, proceeding or prosecution.

Regulations

26. (1) The Lieutenant Governor in Council may make regulations,

(a) defining any trade;

(b) establishing an apprentice training program for any trade or group of trades;

(d) providing a system of proficiency certificates for any trade not designated as a certified trade under section 10;

(e) providing for approval by the Director of apprentice training programs established by employers;

(f) providing for licences for trade schools teaching any trade to which this Act applies and respecting their issue and prescribing courses of study and methods of training in such trade schools and respecting their operation;

(g) respecting the periods of apprenticeship, qualifications and training of apprentices in any trade;

(h) approving or prescribing courses of training or study for apprentices, and fixing the credits to be allowed for such courses;

(i) prescribing, in respect of any trade, rates of wages for applicants for apprenticeship or apprentices or any class of applicants or apprentices;

(j) prescribing the maximum number of persons who may be apprenticed to an employer in a trade;

(k) providing for Interprovincial Standards Examinations and standing under the examinations and for the recognition of certificates or standings granted under Interprovincial Standards Examinations in other provinces and the granting of certificates of qualification pursuant to the examinations;

(l) providing for the granting of provisional certificates of qualification and the grounds and conditions applying to them;

(m) respecting the renewal of certificates of qualification that have expired without being renewed and the conditions of renewal;

(n) providing for the issue of certificates of qualification or licences to persons whose certificates or licences have been cancelled and the conditions upon which they may be issued;

(o) respecting the making, registration or transfer of contracts of apprenticeship;

(p) requiring and providing for the posting up in employers' premises of extracts from this Act or the regulations;

(q) defining any expression used in this Act for the purposes of this Act;

(r) providing for and prescribing fees;

(s) prescribing forms and providing for their use;

(t) prescribing additional trades in the construction industry to which this Act applies;

(u) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act or as a consequence of the repeal of the Ontario College of Trades and Apprenticeship Act, 2009 and the enactment of this Act.

Same

(2) Despite subsection 1 (2) and any regulations made under clause (1) (t), the Lieutenant Governor in Council may make regulations providing that this Act does not apply to a trade.

Same

(3) The Lieutenant Governor in Council shall not make a regulation under subsection (2) in respect of a trade unless the regulation is recommended by the committee established in the trade under section 3 or by a committee established under that section for a group of trades that includes the trade.

Conflict with transitional regulations

(4) If there is a conflict between a regulation made under clause (1) (u) and any Act or regulation, the regulation under this section prevails.

Regulations to amend Acts

(5) The Lieutenant Governor in Council may make regulations that amend this Act or any other Act for the purpose of making the following changes:

1. Changing a reference in the Act from the Apprenticeship and Certification Act, 1998 to the Strengthening Our Skilled Trades Act, 2014.

2. Changing a reference in the Act from the Trades Qualification and Apprenticeship Act to the Building the Best Workforce Act, 2014.

Regulations by Minister

27. The Minister may make regulations for the purpose of clause 17 (3) (b) prescribing one or more provinces or territories of Canada and, for each province or territory prescribed, prescribing one or more trades that are practised in that province or territory.

Commencement

28. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

29. The short title of the Act set out in this Schedule is the Building the Best Workforce Act, 2014.

Schedule 7
ABOLISH THE Ontario College of trades Act, 2014

Repeal

1. The Ontario College of Trades and Apprenticeship Act, 2009 is repealed.

Commencement

2. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

3. The short title of the Act set out in this Schedule is the Abolish the Ontario College of Trades Act, 2014.

SCHEDULE 8
MORE JOBS THROUGH FREE TRADE ACT, 2014

Preamble

The New West Partnership is an agreement that creates a barrier-free trade and investment market for British Columbia, Alberta and Saskatchewan.

The New West Partnership benefits businesses, investors and workers in cultivating prosperity, innovation and economic strength in Western Canada.

It is desirable for Ontarians to benefit from this economic partnership.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Negotiations to commence

1. (1) Within one year after the coming into force of this Act, the Government of Ontario must, in writing, communicate to the Governments of British Columbia, Alberta and Saskatchewan the desire of the Government of Ontario to join the New West Partnership and its intention to commence negotiations with those Governments as soon as possible.

New West Partnership

(2) In this section,

"New West Partnership" means the partnership agreement entered into by the Governments of British Columbia, Alberta and Saskatchewan on April 30, 2010, the four components of which are,

(a) the New West Partnership Trade Agreement,

(b) the New West Partnership International Cooperation Agreement,

(d) the New West Partnership Procurement Agreement.

Commencement

2. The Act set out in this Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Short title

3. The short title of the Act set out in this Schedule is the More Jobs Through Free Trade Act, 2014.

Schedule 9
PRO-GROWTH APPROACH TO IMMIGRATION Act, 2014

1. The Ministry of Citizenship and Culture Act is amended by adding the following section:

Immigration targets

12. (1) In this section,

"foreign national" has the same meaning as in the Immigration and Refugee Protection Act (Canada).

Annual report on targets

(2) By February 1 of the year after the year in which the Million Jobs Act, 2014 receives Royal Assent and by every anniversary of that February 1, the Minister shall prepare a report that sets out target levels for the number of foreign nationals that Ontario intends to select in the year ending on December 31 after that February 1 under any program established under the authority of an agreement that Government of Ontario has entered into with the Government of Canada under subsection 8 (1) of the Immigration and Refugee Protection Act (Canada), including the Provincial Nominee Program of Ontario and the Canadian Experience Class.

Publication of report

(3) The Minister shall publish the report on the Ministry's website.

Commencement

2. This Schedule comes into force on the day the Million Jobs Act, 2014 receives Royal Assent.

Short title

3. The short title of the Act set out in this Schedule is the Pro-Growth Approach to Immigration Act, 2014.

EXPLANATORY NOTE

The major elements of the Bill are described below.

SCHEDULE 1
getting government spending under control ACT, 2014

The Schedule enacts the Getting Government Spending under Control Act, 2014, which freezes the annual compensation of employees in the public sector for a period of two years.

SCHEDULE 2
more jobs with affordable energy act, 2014

The Schedule amends the Electricity Act, 1998 and the Environmental Protection Act.

Electricity Act, 1998

The Schedule repeals provisions dealing with the feed-in tariff program. If there is a contract to procure energy from a large-scale renewable energy source under the feed-in tariff program, but the renewable energy source has not been connected to the IESO-controlled grid, the connection cannot be made until the Minister under the Act consults with the relevant municipality and authorizes the connection.

Environmental Protection Act

The Schedule gives municipalities responsibility for issuing renewable energy approvals for large-scale wind or solar facilities. The Director continues to be responsible for issuing renewable energy approvals for all other renewable energy projects. Municipalities are authorized to make by-laws relating to Part V.0.1 (Renewable Energy). Decisions made by municipalities are appealable to the Ontario Municipal Board.

schedule 3
tax cuts create jobs act, 2014

The Schedule enacts the Tax Cuts Create Jobs Act, 2014. Currently, the basic rate of tax payable by corporations under the Taxation Act, 2007 is 11.5 per cent. Subsection 29 (2) of the Act is amended to reduce the basic rate of tax to 11 per cent on July 1, 2014 and 10 per cent on July 1, 2015.

schedule 4
supporting business by ending the red tape runaround Act, 2014

The Schedule enacts the Supporting Business by Ending the Red Tape Runaround Act, 2014, which requires that each of the regulations published on the e-Laws website be reviewed annually by the Minister responsible for administering the provision of an Act under which the regulation is made. The Minister is required to review a regulation to determine whether it is feasible to revoke or shorten the regulation. To make that determination, the Minister must answer a number of questions set out in the Act, such as whether the regulation is necessary to achieve the public policy set out in the Act under which it is made, and send a written copy of the answers to the Lieutenant Governor in Council.

The Lieutenant Governor in Council has a target of reducing, by the end of three years, the size of the database of consolidated regulations that are published on the e-Laws website by one-third in comparison to its size as of the date when the Act comes into force. To attempt to meet that target and taking into account the recommendations of each Minister, the Lieutenant Governor in Council will require each Minister annually to take all reasonable steps to ensure a reduction of a specified percentage in the size of the database of consolidated regulations made under Acts for which the Minister is responsible. As part of that obligation, if a Minister reported to the Lieutenant Governor in Council that it was feasible to revoke or shorten a consolidated regulation, the Minister is required to recommend that the regulation-maker amend the regulation to do so. A Minister who fails to comply with these obligations in any given year will suffer a 25 per cent reduction in Ministerial salary.

SCHEDULE 5
Strengthening our Skilled Trades Act, 2014

The Schedule enacts the Strengthening Our Skilled Trades Act, 2014. The purposes of the Act are to support and regulate the acquisition of skills for trades and other occupations through workplace-based apprenticeship programs that lead to formal certification, to promote quality training for trades and other occupations, and, by those means, to expand opportunities for Ontario workers, increase the competitiveness of Ontario businesses and ensure public and worker protection.

The Act applies to trades and other occupations. It does not apply to trades to which the Building the Best Workforce Act, 2014 applies.

The Act provides for the appointment of a Director of Apprenticeship. The Director's functions include approving apprenticeship programs and other forms of training for trades, other occupations and skill sets, and working to promote interprovincial standards programs for apprenticeship and for the qualifications required for trades, other occupations and skill sets.

The Act provides for the establishment of industry committees composed of representatives of employers and employees in different trades and other occupations. The functions of these committees include developing apprenticeship programs and promoting high standards in the delivery of apprenticeship programs.

As part of an apprenticeship program, an apprentice would enter into one or more training agreements with sponsors under which the apprentice is to receive workplace-based training in a trade, other occupation or skill set. These training agreements may be registered with the Director. The Director may revoke or suspend the registration of a training agreement in accordance with the Act.

A person who successfully completes an apprenticeship program and who passes any required exam may apply to the Director for a certificate under the Act. The Director may also issue certificates to people who have equivalent qualifications, and may issue short term letters of permission. The Director has authority to revoke or suspend these certificates and letters of permission in accordance with the Act.

The Lieutenant Governor in Council may designate a skill set as a restricted skill set. Only a person who holds a certificate or letter of permission for the restricted skill set or for a trade or other occupation that includes the restricted skill set is authorized to perform skills that are part of the restricted skill set. Apprentices who are receiving training in the restricted skill set under registered training agreements would also be authorized to perform those skills.

Other provisions of the Act deal, for example, with the Director's powers of investigation, offences and the making of regulations on various matters, including the implementation of the Act and the repeal of the Ontario College of Trades and Apprenticeship Act, 2009.

SCHEDULE 6
Building the Best Workforce Act, 2014

The Schedule enacts the Building the Best Workforce Act, 2014. The Act applies only to specified construction trades. The Director of Apprenticeship appointed under the Strengthening Our Skilled Trades Act, 2014 is responsible for the administration and enforcement of the Building the Best Workforce Act, 2014.

The Minister may appoint provincial advisory committees composed of representatives of employers and employees for the purpose of advising him or her on the establishment and operation of apprentice training programs and on trades qualifications.

If a trade is designated as a certified trade, no person may work in the trade and no person may employ another person in the trade unless the employee has a certificate of qualification or is an apprentice in the certified trade.

A person who commences working in a trade for which an apprenticeship program has been established must promptly apply for apprenticeship in the trade and file with the Director a contract of apprenticeship. Every contract is required to be approved by the Director and upon approval, the contract shall be registered by the Director.

Upon the completion of an apprentice training program and upon passing any required exams, the Director shall issue to an apprentice a certificate of apprenticeship for the certified trade. The holder of a certificate of apprenticeship in a trade shall, upon application, be issued a certificate of qualification. Certificates of qualification may also be issued to persons who do not have a certificate of apprenticeship if they have equivalent qualifications.

The Act sets out the rules that apply if the Director proposes to refuse, suspend or revoke a certificate of qualification or a license to operate a trade school, or to cancel a contract of apprenticeship.

Other provisions of the Act deal, for example, with appeals to court, offences and the making of regulations on various matters, including the implementation of the Act and the repeal of the Ontario College of Trades and Apprenticeship Act, 2009.

SCHEDULE 7
Abolish the ontario college of trades act, 2014

The Schedule enacts the Abolish the Ontario College of Trades Act, 2014, which repeals the Ontario College of Trades and Apprenticeship Act, 2009.

SCHEDULE 8
More Jobs Through Free Trade Act, 2014

The Schedule enacts the More Jobs Through Free Trade Act, 2014, which requires the Government of Ontario to contact the Governments of British Columbia, Alberta and Saskatchewan to begin negotiations to join their economic partnership, known as the New West Partnership, within one year after the Million Jobs Act, 2014 receives Royal Assent.

SCHEDULE 9
pro-growth approach to immigration Act, 2014

The Schedule amends the Ministry of Citizenship and Culture Act to require the Minister of Citizenship and Immigration to prepare an annual report that sets out target levels for the number of foreign nationals that Ontario intends to select in the year under any program established under the authority of an agreement that the Government of Ontario has entered into with the Government of Canada under subsection 8 (1) of the Immigration and Refugee Protection Act (Canada), including the Provincial Nominee Program of Ontario and the Canadian Experience Class. The Minister is required to publish the report on the Ministry's website.