Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-108

Name of organisation making submission: DR-108 - Millwright Regional Council of Ontario - Local 1410

Responses to questions in submission form

Section A - The Public Interest in this Review

1. What do you understand by public interest?

We Understand Public Interest to be the expectation that the College will establish and uphold standards, hear Public complaints regarding members and the standards they work under. As well the Public Interest is served by Ontario College of Trades' enforcement and discipline process. These interests ate conveyed to the College through its Governance Structure and Legislation.

2. Who should the College serve? Who is “the public” in the public interest and what groups make up the public?

Public is the people of Ontario including but not limited to: Consumers, employers & tradespersons.

3. How should the College make decisions in the public interest where different segments of the public may have opposing interests?

The College has a framework in place to consult and review itself based on the Trade Board and Governance Structure. This process should remain in place.

4. Is the College currently protecting the public interest?

Yes, the Public Interest is protected by the structure that exists.

5. How should the College advance the public interest?

Advancement should continue to be found in the actions of Ontario College of Trades through the current system of Governance.

Section B - Issues Related to Scopes of Practice (SoPs)

6. What impact do SoPs in regulation have on your daily work activities or on the way you conduct business? What aspects of an SoP are important to the work of your trade? Please explain.

SoPs form the basis of our trade and Ontario College of Trades is doing a good job of maintaining and reviewing SoPs through its current Governance Structure. Every SoP in the Construction Millwright Trade is important and directly applied to our trade.

7. Do you agree with the suggestion that trades may have core elements as well as peripheral elements?

Each element is a core element but there is room to recognize overlap of elements between trades. We don't believe that some elements are peripheral.

8. What should be the key elements of an SoP? In particular, should the SoP for a trade list all of the tasks, activities or functions in which an apprentice should be trained, only those that are unique to the trade, or only those that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.

An SoP should include all elements of a trade including apprentice elements, those that are unique to a trade and those that may pose a risk to the Public and trade workers.

9. How should a review or change in SoP be carried out?

SoP review should be undertaken by each individual Trade Board. The Trade Boards have the specific expertise to decide if a change is necessary.

10. Can or should the existing SoP provisions support the College’s diverse functions (e.g., apprenticeship training, enforcement, classification reviews)? Please explain.

Yes, existing SoPs should support College functions. SoPs should remain as the standard of each trade in relation to the College and its functions.

11. Should the entire SoP for a compulsory trade be enforceable or be subject to enforcement? Please explain.

SoPs for a trade should be enforceable as long as there is no clear overlap between the SoP of another trade. All or most mechanical trades in the Construction Sector should be compulsory and each Trade Board in the Sector should be able to decide if a change in status of certification for its trade is necessary.

12. Could the College benefit from a distinct list of compulsory activities that may pose a risk of harm to the public, tradespeople or other workers on the job? Please explain.

The College may be of benefit from a distinct list of activities of a trade and each Trade Board should have the ability to determine what these activities may be.

13. What is your understanding of what an overlap between SoPs is?

An SoP overlap is present when the work of one trade is common with another trade. Both trades may engage in this work.

14. Do overlaps between SoPs in regulation have an impact on your daily work or on the way you conduct business? Please explain.

Overlaps between our trade and other trades are a fact and are easily dealt with in most cases.

15. Does the application of the third legal interpretation principle on overlapping SoPs pose a risk of harm to the public, tradespeople, or other workers on the job? Please explain. If so, what can and should be done about it?

We don't believe that overlaps of SoP pase a risk in our trade.

Section C - Classification or Reclassification of Trades as Compulsory or Voluntary

16. What makes a compulsory trade compulsory and what makes a voluntary trade voluntary?

We look from the perspective of the Construction Millwright Trade that is currently classed as Voluntary and wishes to be classed as Compulsory. we feel that the activities and tasks that are performed by workers in a trade are the reasons a trade should be Voluntary or Compulsory. each trade via its Trade Board needs to determine whether it should seek to change its status. Given this the Construction Millwright Trade Board has asked Ontario College of Trades to reclassify the trade as Compulsory.

17. Is the current classification of trades as either compulsory or voluntary aligned with the College’s duty to serve and protect the public interest?

No, we believe our trade (Construction Millwright) should be reclassified as Compulsory in order to protect and serve the Public Interest. We recognize that other trades may feel that their trade should be reclassified as well.

18. Is it reasonable to assume that there may be elements in the SoP for a trade that are inherently hazardous or that may pose a risk of harm to the public, tradespeople, or other workers on the job?

Yes, it is reasonable to assume that SoPs for a trade may have elements that are inherently hazardous or that may pose risk of harm to the Public, Tradesperson, or other Workers on a job.

19. Could compulsory certification be limited to either the core elements of a trade or those tasks, activities, or functions that may pose a risk of harm to the public, tradespeople or other workers on the job? What kind of impact would these approaches have on your daily work or on the way you conduct business?

The all or nothing approach to reclassification needs to be the basis to Compulsory Certification. It is also recognized that some no core elements of a trade may not be included in the trade during reclassification.

20. Should the College continue to rely on an adjudicative review panel approach (i.e., the Ontario Labour Relations Board model) or should a different model be considered? Please explain.

The College should continue with the adjudicative review approach. Changes need to be made to selection of adjudicators for classification reviews. The selection needs to reflect that the adjudicator has experience/expertise is important when reclassifying skilled mechanical trades like the Construction Millwright.

21. How should expert opinion be obtained?

The Board of Governors should select adjudicators for review panels based on their experience/knowledge of the trade being reviewed.

22. Are the current criteria for trade classification reviews set out in O. Reg. 458/11 consistent with the public interest? Please explain.

The criteria set out in O.REG 458/11 is consistent. These criteria are brief but concise and function well.

23. Are the criteria specific, clear and measurable enough to inform you of what data and evidence are needed to meet those criteria?

Yes, the criteria are specific and clear.

24. Are the existing criteria the right criteria?

Yes, the existing criteria is the right criteria.

Section D - Decisions of the Ontario Labour Relations Board (OLRB)

25. Do the scopes of practice (SoPs) in regulation reflect the way in which work is actually assigned in your trade or sector?

Work assignments in the Construction Millwright Trade are based on jurisdictional history and Ontario Labour and Relation Board decisions dating back to the early 20th century. SoPs for the trade where developed in the 1970's when the trade was officially created by Provincial Legislation. Therefore SoPs reflect work assignments by default.

26. Do you agree with the notion that most jurisdictional disputes arise from peripheral elements of the trades? Please explain.

Most jurisdictional encountered by Construction Millwrights are the result of predatory practices by one specific trade and encompasses areas that include mainly core elements of our trade.

27. What consideration should the College give, if any, to the decisions made by the OLRB in jurisdictional or work assignment disputes under the Labour Relations Act? If the College were to adopt the OLRB's decisions, what impact would that have on your trade and the way you conduct business? Please explain.

Ontario Labour Relations Board decisions should be considered for adoption by Ontario College of Trades.

Section E - General Response and Comments

28. Please provide additional comments below, if any.