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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-100

Name of individual making submission: DR-100 Peter Wynnyczuk

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

Public interest is the action or proposal that benefits the greatest component of the population.


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

The College using its legislated authority has to prioritize who it is benefiting. Originally there was a concern over consumer protection, worker safety, the underground economy, the comparison of voluntary and compulsory trades and how they compared in the mentioned issues. The College is a provincial organization who with; the Ministry of Consumer Services should help educate and protect the consumer, with Ministry of Labour reduce incidents in the trades, With the Ministry of Municipal Affairs help promote the Trades in the Municipal/Region employers to recognize the provincially recognized trades in their hiring documents


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

There should be a checklist to refer too. Is there a risk to the public/client?


4. Is the College currently protecting the public interest?

For those trades that are compulsory I cannot answer as I am not part of a compulsory trades. Voluntary trades unless there is trade based educational material available to the consumer, currently in the arborist trade I have not seen any


5. How should the College advance the public interest?

Sectors/trade specific trades that have a high rate of complaints through the Consumer services or a high rate of incidents based on WSIB ministry of Labour data initially Ministry of Education to introduce the trades more aggressively in the elementary and high schools.





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.

Part one I do not have an answer Part 2 they help lay out the parameters of the trade.


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

Yes as long as they meet the criteria of risk to public/worker is not a factor in the peripheral elements?


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.

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 help engage future apprentices having as clear a SoP as possible that is easy to understand helps set the tone for potential and existing trade members.


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

The relevant industry Board should 1st review the s op internally with trade specific resource staff. To update and clarify using a pre-formatted form. This would then be distributed to the various stakeholders who would have to respond with their suggestions to the relevance of the Sop in relation to eh feedback. If there was a central registry like the EBR has it would help scope the response ability and make it easier to refer to as a link for any emailed industry contacts. The complied information would then be sent back to the AIB for weighing of the responses and seeking clarification where needed from the participant for redistribution


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

Apprenticeship training Enforcement if there is a blatant violation, yes.


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

Yes if there is clear interpretation of the act with the support of the curriculum for that is part of the offence.


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 development of key criteria related to risks posed by each of the trades is a good foundation for use in helping validate the current curriculum and can help in the voluntary compulsory criteria. Example any one working around hydro wires, what are the risks in relation to the saddlery trade activities.


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

Where there are activates in a compulsory and a voluntary trade.


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

Unable to answer as in a voluntary trade


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?

Respondent did not provide a response to this question


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?

Yes as it is still a central agency to deal with both types of trades under one roof. This allows for movement in either direction


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, if there is not proper training and proof of competency


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?

Unable to answer as not familiar enough with a compulsory trade What kind of impact would these approaches have on your daily work or on the way you conduct business? Unable to answer as not familiar enough with a compulsory trade


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.

Unable to answer as not familiar enough with a compulsory trade


21. How should expert opinion be obtained?

Respondent did not provide a response to this question


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

Respondent did not provide a response to this question


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

Respondent did not provide a response to this question


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?

Within the Arborist Trade yes.


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

Unable to answer as not in a compulsory 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.

If the legislation between the two bodies is not clear on the specific scope of jurisdiction as it affects trades, then a few suggestions are: 1) Review both pieces of supporting legislation in light of this issue, then seek interpretation and derive an understanding of the position as it relates to the issue. Develop a protocol from this point on that is presented to the stakeholders. 2) Use each of the decisions of the OLRB to review the practices in the trade and see what has to be adjusted to meet the decision requirements in the trade Sop and related documents and delivery. 3) Treat each of the OLRB decisions as a site specific issues and not change anything in the C of T scope.





Section E - General Response and Comments

28. Please provide additional comments below, if any.

Respondent did not provide a response to this question