Print

Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-6

Name of organisation making submission: DR-6 Midhurst Refrigeration Ltd

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

Legislation that improves the lives of the majority of people


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

Employers, employees, home owners and home buyers, building owners, and consumers. People have the right to work, have free access to employment, and competition in choosing services


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

Let the free market make the decision. Cheaper services aren't always better, but people need to have the right to choose who fixes their house, car, etc.


4. Is the College currently protecting the public interest?

No


5. How should the College advance the public interest?

Decrease regulation in all industries, allow more apprenticeship opportunities, promote choices rather than limit competition





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.

Respondent did not provide a response to this question


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

Yes. Most skilled trades are 90% manual labour


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.

Only those that are unique to the trade. Safety and risk to others are already covered by WHMIS, Min. of Labour, and skill/site specific applications


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

Poll members of that trade


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

Respondent did not provide a response to this question


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

No. There are many cases where overlapping skills allow for the cross training of journeymen benefits the consumer by decreasing labour costs on projects


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.

No. The most dangerous trade related activities are not regulated by this college, but TSSA. Gas, propane, steam, welding, elevator repair, to name a few, are not in this jurisdiction. A list would be redundant


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

A plumber may wire a water heater, an electrician may plumb a water heater for example. The public benefits from multi-skilled tradesmen financially. Overlapping is very important in rural areas, due to lack of skilled people


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?

Legislation based on historical practices of certain trades in the last 100 years has guided compulsory trades. As the hazardous materials and practices are removed, so should the compulsory certification.


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?

No, as it limits opportunities for able-bodied workers that are academically challenged, and restricts the public's options.


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?

Yes. If so, then more entry-level positions could be created, and hiring in the construction sector would increase.


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?

Business owners should be polled


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.

The free market and individual companies should be allowed to decide the Scope of Practice for the construction industry