Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-71

Name of organisation making submission: DR-71 Ontario College of Trades Heavy Duty Equipment Technician Trade Board

Responses to questions in submission form

Section A - The Public Interest in this Review

1. What do you understand by public interest?

According to our shared understanding, public interest is considered to be the act of putting the welfare of the general public ahead of any one group or personal interest through ethical, transparent and consistent processes.

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

The College is a governing body created to serve its members.

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

The College is the governing body for the trades and as such should serve its members. It is the duty of both the College and its members to serve and protect the public interest in carrying out the College’s objects. Although industry may have opposing interests, "public interest", as defined above, does not put business ahead of the general public.

4. Is the College currently protecting the public interest?

With the outdated SOP and non-standardized format as well as the compulsory vs voluntary trade debate, it is our belief that the college is not protecting the public interest

5. How should the College advance the public interest?

1. Defining each trade 2. Standardizing SOP's 3. Evaluating each trade and setting up a new model to replace the "compulsory/voluntary" model

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.

The SOP's in regulation are helpful as an outline of our trade. The heavy equipment mechanic trade is not compulsory so the daily work activities are not always directly reflected by the current scope. Having a SOP is very important in defining our trade and if we were to become compulsory would be an absolute must to avoid potential overlap with other trades

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

While we agree that every trade does contain, what could be interpreted as core and peripheral elements, we do not think that the SOP is the place for that to be defined.

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.

The key element of any SOP should be a broad statement outlining the intent and duty of the trade. Having a long task specific list is not helpful in the SOP as it leaves no room for interpretation which may be required when it comes to potential overlap. Also unless this process is to be reviewed regularly it doesn't leave room for any growth or change that takes place in most trades.

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

According to our opinion, both the review process and changes to the scope of practice should be carried out by the trade boards. The first step in creating an SOP is developing a shared understanding of how the trade is defined. This necessary first step will provide the foundation for developing a new SOP and help avoid any perceived overlap with other trades. In addition, we believe it is necessary that the SOPs should be standardized, for all trades, by the college to avoid any issues related to overlap. We suggest using more general statements when defining an SOP and avoid listing specific tasks where possible.

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

We feel that the definition and SOP of any trade is the most valuable tool in setting apart one trade from another. Furthermore, the implementation of a clearly defined scope of practice provide a sense of meaning and purpose to all those that operate under its scope. While it should function as the basis for the apprenticeship training, the scope s broad, umbrella term, for all the trade related tasks. This allows for changes in the training, which reflects the rapidly evolving nature of most trades without having to go through the arduous process of revising the scope. Broadly written SOP's would function as the basis for enforcement and classification reviews

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

The SOP of a compulsory trade should be used in enforcement in a general sense but as written may not provide enough specific detail depending on the infraction. The training standard would provided the specific details about training and could be used as a resource when an infraction occurs.

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.

Respondent did not provide a response to this question

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

Any specific task that is mentioned in multiple trades SOP could be considered overlap.

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

Overlap in SOP regulation can potentially have a large impact on daily work and how businesses are structured. This gets complicated with the "industrial exemption" but with that being said having clearly defined SOP are critical for both industry and tradespeople alike.

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?

Respondent did not provide a response to this question

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?

A compulsory trade is one whose tasks have been deemed inherently hazardous and in the public's interest have been given a classification allowing for more training and enforcement. A voluntary trade is deemed to posed less of a hazard to the public and therefore has not been subject to enforcement of standards.

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?

The college's current classification of trades is outdated and as it currently stands does not protect the public interest.

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?

Respondent did not provide a response to this question

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 way in which both the trade definitions and SOPs could be streamlined and re-written should consider all approaches. These together forms the definition and core of each trade and need to be carefully written.

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.

Respondent did not provide a response to this question

21. How should expert opinion be obtained?

Feedback from the each tradeboard on how they define their trade and what they want included in the SOP's would be a valuable tool.

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

We feel the criteria to be consistent with the public interest

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

The criteria are clear but the data and information required to fulfill them is not readily available and in most cases cannot be accessed by those who are tasked with building their case for re-classification.

24. Are the existing criteria the right criteria?

Respondent did not provide a response to this question

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?

Due to the industrial exemption and compulsory nature of our trade the work is assigned as industry see's fit to do so. The SOP is mostly used for training purposes

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

Respondent did not provide a response to this question

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.

Respondent did not provide a response to this question

Section E - General Response and Comments

28. Please provide additional comments below, if any.

Respondent did not provide a response to this question