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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-58

Name of organisation making submission: DR-58 Ontario Erectors Assocation Inc.

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

We favour a broad definition of this term and support and endorse the submissions contained in submission 12 of IWDC.

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

 


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

 


4. Is the College currently protecting the public interest?

 


5. How should the College advance the public interest?

We share the concerns and support the submissions in submission 13 of IWDC.





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.

We believe that the SoPs should reflect the needs of those having the work done and in that regard agree with the points submitted in submission 22 of the IWDC.


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

 


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

It should include input by and comment from representatives of the contractor employing the trade.


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

 


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

 


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.

 


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

 


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

 


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?

Yes, but we agree with the concerns raised by submissions 50 and 51 by the IWDC and strongly support those set out in submission 51.





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?

 


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?

 


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?

 


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?

 


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.

 


21. How should expert opinion be obtained?

 


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

 


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

 


24. Are the existing criteria 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?

 


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

 


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.

 





Section E - General Response and Comments

28. Please provide additional comments below, if any.

We have reviewed the submission of the Ironworkers District Council of Ontario ("IWDC") dated March 13, 2015 and as set out herein concurr with and support those submissions. Generally we place a strong emphasis on safety and upon stability with respect to the conduct of work on the job-site.