Print

Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-66

Name of organisation making submission: DR-66 Automotive Aftermarket Retailers of Ontario

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

A minimum standard of work practices for trades serving the public.


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

All people who receive services or products through licensed trades persons.


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

Need more clarification on this question.


4. Is the College currently protecting the public interest?

To a certain degree dependent on the trade.


5. How should the College advance the public interest?

Each trade needs to sit with OCOT and address specific interests related to each trade.





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.

Ensures a minimum work standard. Safety is defined by by the trades people operating within their trade guidelines .


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

Yes


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.

Refer to our apprenticeship act & our work trade standards.


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

Minimum trade template established to ensure minimum standards are met.


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

Start with a template for the regulated trades. Then make modifications to allow new unregulated trades to be added.


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

Yes. Public safety & workers safety is paramount.


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.

Yes. This would decrease work place accidents & injuries & give the public more peace of mind dealing with licensed trade people.


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

Refer to # 14.


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

Yes they do overlap & each overlap should be signed off.


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?

Depending on the level of overlap it may constitute a reassessment of the licensing requirements for that job.





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?

The level of knowledge needed to perform the work. The voluntary trade could only be done by apprentices but restricted or managed.


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, in regulated trades No, in unregulated traded trades.


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.


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. Impact would be additional training burden on the ministry & employer.


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.

A new model should be considered allowing for more relevant information sourced to be examined.


21. How should expert opinion be obtained?

From experts in different fields (trades people & administration people)


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

No. They are outdated.


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

No.


24. Are the existing criteria the right criteria?

No. They are outdated.





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?

In the Motive Power Trades yes. In other trades no.


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

Not necessarily. The use of unregulated people due to lack of enforcement.


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.

OLRB should only be involved if labor infractions are found or injuries occur. OCOT should only resolve other periphal disputes which could be minimized by more defined standards & stricter enforcement.





Section E - General Response and Comments

28. Please provide additional comments below, if any.

We would love to sit down & discuss details of this application.