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Dean Review Consultation Questions

Written submission to Dean review

Submission number: DR-81

Name of organisation making submission: DR-81 Boilermaker Contractors' Association

Responses to questions in submission form


Section A - The Public Interest in this Review

1. What do you understand by public interest?

Our understanding of public interest is the awareness, promotion and protection of public health and safety, protection for the consumer and protection of the environment.


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

The College should serve the public interest. The public would be the people of Ontario, various organizations/stakeholders, and the trades/members of the College. The College should serve the trades through the promotion/advancement, protection and regulation of the trades. The College should be open and transparent and provide the public the opportunity to providing input into the various processes, governance structures, etc.


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

By being open and transparent, providing the opportunity for all parties to provide their input and having the necessary governance structures in place.


4. Is the College currently protecting the public interest?

Yes, the College is currently protecting the public interest.


5. How should the College advance the public interest?

Have an open and transparent process that allows for public and corporate input.





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.

SoPs reflect the daily work activities typically completed by a Construction Boilermaker. They also assist Contractors with the assignment of work. However there can be peripheral/secondary elements that may overlap between certain trades which SoPs may not reflect and Contractors rely upon to conduct business.


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

We would agree with the suggestion that some trades may have peripheral elements in addition to the core elements. Some of these peripheral elements may not necessarily be reflected in the SoPs and need to be taken into account especially with regards to enforcement.


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.

The key elements of an SoP should be the key tasks, activities and functions in which an apprentice is trained to and the tasks a Journeyperson completes. There are peripheral elements or functions that may overlap between multiple trades which one also needs to be aware of.


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

A review or change in the SoP should be transparent, have a clearly defined process and governance structure, provide opportunities for parties to have input into the changes/process and should take into account current/past practice.


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

The existing SoPs should support the College's diverse function (i.e. defining what apprentices should be trained in) but with regard to enforcement should also take into account practice for the area, OLRB decisions/practice that may not necessarily be reflected in the SoP provisions.


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

To an extent the entire SoP for a compulsory trade should be subject to enforcement however not in isolation. One needs to take into account inclusion of overlap, secondary/peripheral elements and past practice established through the Ontario Labour Relations Board.


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?

Our understanding of an overlap between SoPs is that certain tasks may be contained in a particular trade but could also be a primary/peripheral/secondary element of another trade and/or multiple trades. The exclusivity of SoPs must be fully investigated and defined.


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

Overlaps between SoPs do have an impact on the daily work and business conduct for Contractors. Contractors look to the SoPs but also to area practice, Contractor practice and OLRB decisions with regards to assignment of work.


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?

The component that make a trade compulsory as opposed to voluntary is that the individual must be a registered apprentice or licensed Journeyperson (i.e. possess a valid Certificate of Qualification/Red Seal) in a compulsory trade whereas in a voluntary trade they do not need to.


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?

The current classification of trades as compulsory or voluntary is a component of the College's duty to ensure proper due dilligence and governance and is an important component of the Colleges duty to maintain proper governance and set appropriate standard, however it needs to have an open, transparent and viable process.


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?

There are some elements in an SoP for a trade that could be inherently hazardous or may pose a potential 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?

Compulsory certification should be limited/focused upon the very core elements of a trade. One also needs to be aware of the secondary/peripheral aspects and the potential for overlap of core and peripheral skills between compulsory and voluntary trades.


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.

The current process should be re-evaluated as there is a lack of information and clarity.


21. How should expert opinion be obtained?

Expert opinion should be obtained through an open and transparent process that allows all industry stakeholders to provide input.


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

The criteria is reasonably consistent with addressing public interest but it must take into account jurisdictional practices/assignments and area/industry practice as to mitigate the economic portion of public interest


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

The data and evidence required to meet the criteria is very difficult to provide as the appropriate information is not readily available.


24. Are the existing criteria the right criteria?

The existing criteria need to be re-evaluated.





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?

The SoPs are quite reflective in the way work is assigned in the Boilermaker trade.


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

The majority of jurisdictional disputes do seem to arise from peripheral/secondary elements of a trade.


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.

The decisions of the OLRB must be considered and form part of the decision making process.





Section E - General Response and Comments

28. Please provide additional comments below, if any.

The BCA and some member Contractors would welcome and appreciate the opportunity for further dialogue directly with Mr. Tony Dean.