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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-39

Name of organisation making submission: DR-39 Colleges Ontario

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

As a key participant in Ontario's apprenticeship system, OCOT's role should be to support transformation which ensures that: • Ontario’s apprenticeship system plays an expanded role in addressing skills shortages and contributing to innovative, high-performance workplaces that enhance Ontario’s and Canada’s competitiveness. • The skilled trades are regarded throughout Ontario and the country as a highly valued and accessible career option, with trade certification gaining comparable recognition to other postsecondary credentials. Many high school students should look towards the trades as attractive career opportunities. • More apprentices from diverse backgrounds are successful in completing their programs and thus able to contribute fully to Ontario’s economy. • Many more employers take on responsibility for training apprentices through all levels in a modernized system in preference to ‘poaching’ to fill their skills requirements. • The apprenticeship system becomes more transparent, streamlined and demystified for both potential apprentices and for employers of tradespersons, including strengthening pathways to enable apprentices to benefit from the types of career opportunities and choices more readily available to other postsecondary students.


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

Respondent did not provide a response to this question


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

Respondent did not provide a response to this question


4. Is the College currently protecting the public interest?

Respondent did not provide a response to this question


5. How should the College advance the public interest?

Respondent did not provide a response to this question





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.

Changes in the Scope of Practice can have significant impact on the institutions delivering the in-school apprenticeship training. Changes in the SOP can impact operating and capital requirements as well as faculty qualifications. Ontario colleges, through Colleges Ontario, should be consulted on any potential change in SoPs which might affect in-school program curriculum, delivery, enrolment and/or imposes new expenditure requirements.


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

Respondent did not provide a response to this question


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.

Respondent did not provide a response to this question


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

Respondent did not provide a response to this question


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

Please note that apprentice training is a joint and collaborative responsibility of colleges and other TDAs, the Ministry and OCOT.


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

Respondent did not provide a response to this question


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?

Respondent did not provide a response to this question


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

Respondent did not provide a response to this question


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?

Respondent did not provide a response to this question


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?

Respondent did not provide a response to this question


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?

Colleges are in an excellent position to provide experts in a wide variety of trades. The engagement of experts from the Ontario college sector should be undertaken through Colleges Ontario.


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?

Respondent did not provide a response to this question


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.

To: Dr. Tony Dean Special advisor to the Minister of Training, Colleges and Universities Reviewer: Ontario College of Trades “Supporting the skilled trades in Ontario” The college system has a major stake in the success of the Dean Review, “Supporting the skilled trades in Ontario” because it provides in-school training for close to 90 per cent of apprentices, totaling 36,000 last year. Colleges are also critical to pre-apprenticeship training, OYAP, School-College work initiative dual credits, etc. Colleges Ontario is developing a close, collaborative working relationship with the Ontario College of Trades reflecting the key and complementary roles colleges and OCOT play in enhancing the success of trades in Ontario. This will include making access to the apprenticeship system more transparent, streamlined and demystified for both potential apprentices and for employers of tradespersons. The issues raised in your review of OCOT are important, as they reflect a desire to ensure that decisions made by OCOT fully reflect the public interest. We believe the critical question is: “How should the College make decisions in the public interest where different segments of the public may have opposing interests?” In brief, OCOT should ensure a full and transparent representation of views of all parties - e.g. employers, apprentices, tradespersons and colleges - in making decisions. In particular, OCOT should adopt a transparent and broad-based approach to consultations which includes colleges, through Colleges Ontario, on all matters which might affect trades curriculum or delivery, apprentice success and the costs of in-school training. You may be interested to know that college presidents have become concerned that Ontario’s apprenticeship system is not transforming sufficiently quickly to address a growing shortage of skilled trades or attracting sufficient numbers from under-represented groups. They established a task force, co-chaired by two college presidents, to recommend changes needed to meet the needs of Ontario’s economy, while assuring more opportunity for a wider range of Ontarians to benefit from completing their certificates of qualification. We would like the opportunity to meet with you to discuss the conclusions and recommendations of the task force. Regards Linda Franklin President and CEO Colleges Ontario