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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-40

Name of individual making submission: DR-40 Domenic Mattina

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


4. Is the College currently protecting the public interest?

I support the position stated in the Ontario Skilled Trades Alliance submission.


5. How should the College advance the public interest?

I support the position stated in the Ontario Skilled Trades Alliance submission.





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.

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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.

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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.

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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?

I support the position stated in the Ontario Skilled Trades Alliance submission.





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?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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.

I support the position stated in the Ontario Skilled Trades Alliance submission. In its submission, OSTA has outlined a creative alternative to the adjudicative review panel approach for determining issues such as journeyperson-to-apprentice ratios and compulsory certification. The experience with the 2012 journeyperson-to-apprentice ratio reviews illustrates that the adjudicative review panel approach was a flawed approach to establishing these important ratios for the skilled trades, and we should not be utilizing a similar adjudicative review panel approach for compulsory certification decisions. We need to examine an alternate approach for determining compulsory certification issues as outlined by OSTA. Decisions regarding compulsory certification need to be made: 1) Based on research and objective facts and evidence. 2) Based on an examination of the original rationale and decision-making process that led to 22 trades being deemed compulsory. What factors led to the original decisions, are these factors relevant today, and what can we learn from these original decision-making processes? 3) Examining how we effectively protect the public through compulsory certification where the public includes not only the consumers of goods and services produced by the skilled trades but also journeypersons and apprentices and employers/contractors. 4) Using a fair, balanced process that engages the entire skilled trades sector including journeypersons/apprentices, unions, employers/contractors and the general public. The process has to be fair to all potential stakeholders, providing them with sufficient time to prepare their submissions considering the complex issues and encouraging and supporting submissions from individual journeypersons and apprentices. The Ontario College of Trades cannot afford to use the same flawed adjudicative review panel approach it used for the journeyperson-to-apprentice ratios for reviews of compulsory certification and should consider the creative option proposed by the Ontario Skilled Trades Alliance.


21. How should expert opinion be obtained?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


24. Are the existing criteria the right criteria?

I support the position stated in the Ontario Skilled Trades Alliance submission.





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?

I support the position stated in the Ontario Skilled Trades Alliance submission.


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

I support the position stated in the Ontario Skilled Trades Alliance submission.


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.

I support the position stated in the Ontario Skilled Trades Alliance submission.





Section E - General Response and Comments

28. Please provide additional comments below, if any.

As a former member of the Ontario College of Trades Board of Governors, I strongly recommend that the Ontario College of Trades engage the Ontario Skilled Trades Alliance in developing College processes at the very beginning. The Alliance has substantial experience and expertise in the skilled trades sector that the College can benefit from by engaging early in all process development, with a goal to produce better outcomes for all stakeholders.