Changes On the Way for Regulation of Skilled Trades

Big changes could be coming to the regulation of skilled trades if the proposed amendments to The Ontario College of Trades and Apprenticeship Act (the “Act”) are proclaimed into law in January 2013.

If the amendments are made, the College of Trades (the “College”) – established in April 2008 – will become the “arms-length” body regulating the certification of skilled trades with a mandate to “protect the public interest and regulate persons practicing in skilled trades in Ontario and employers who employ them.”

For employers and tradespeople alike, the biggest changes set to occur are with respect to the certification process and new College membership requirements. These currently include:

Anyone practicing a “compulsory trade” must be a member of and certified by the College. Failure to do so will bar the individual from holding themselves out to be a tradesperson in that industry, and employers are banned from employing those without certification and membership.
Employers will also be prohibited from employing a journeyperson or sponsoring/employing an apprentice unless they hold a statement of membership to the College.
Individuals applying for membership and certification must pay all prescribed fees, as set by the College. The fee is mandatory and failure to pay will bar the individual from working in their trade.
The Registrar of the College will have the sole responsibility for issuing certificates and statements of membership to applicants.

The Act contemplates and regulates all future training, certification and membership of skilled trades in Ontario. If proclaimed, it would be an all-encompassing and self-regulated scheme funded by the training, certification and membership fees.

While specific logistics (fees, training requirements, membership structure, application processes, etc.) have not yet been finalized, the proposed changes, if proclaimed, will change how skilled trades are regulated and will have an impact on both individuals and employers.

For more information about how the proposed changes will work, how they might effect you and your business, or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.

For more information on new developments in Workplace Law, please refer to our website at:
http://www.mathewsdinsdale.com/news-events/in-a-flash/

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