comment form: consultation on proposed board regulations · steamfitter, gas fitter, plumber,...

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Comment Form: Consultation on Proposed Board Regulations

Introduction

The College is inviting public comments on proposed Board regulations related to the following

matters:

Public notice required for meetings and hearings that are open to the public;

Naming geographic areas for the Appointments Council to take into consideration when

carrying out its appointment duties; and

Governing the establishment apprenticeship programs.

The deadline for the receipt of comments is December 3, 2012.

We’re here to help!

Problem or question? Send us an email at [email protected] or give us a call at

(647) 847-3000 or toll free at 1-855-299-0028.

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Terms of Use

Please note that the feedback you provide as part of this Consultation, whether sent by postal mail,

fax, email or through the Ontario College of Trades (the College) website, becomes part of a publicly

accessible file and will be posted on the College website. This information will include your full name,

city/town, province, occupation, and organizational affiliation (please refer below to Option 1).

However, the College will not disclose information such as your email address, postal/street address,

telephone and fax number(s). Upon your request, the College will withhold your name from the

publicly accessible file (please refer below to Option 2).

Documents received electronically or otherwise will be put on the College website in their entirety

exactly as you send them in the official language and format in which they are received. Documents

not received electronically will be available in PDF format. The College reserves the right not to display

or use any feedback or other materials that is unlawful, defamatory, obscene, abusive, inflammatory,

harmful, or otherwise objectionable, or that would violate the rights of any party.

You represent and warrant that you own or have all necessary licenses, rights, consents or permissions

required under applicable law, including copyright, trademark, patent, trade secret and privacy and

publicity rights, to authorize the College to display, copy and use all feedback or other materials

provided by you to the College. The personal information you provide will be used for the purpose for

which the information was obtained or compiled by the Ontario College of Trades including the

development of regulations under the Ontario College of Trades and Apprenticeship Act.

X Option 1: I agree to the Terms of Use

Option 2: I agree to the Terms of Use, but request that my name not be publicly accessible

Option 3: I do not agree to the Terms of Use

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Saving your comments

Please note that you can save your fillable comment form and come back to it at a later date. To save

the form, click on the ‘save’ button on your toolbar. Choose the location to which you would like to

save the file. Please add your last name to the filename before you hit save. Press save. You can now

return to the form as many times as you like until it is complete.

We’re here to help!

Problem or question? Send us an email at [email protected] or give us a call at

(647) 847-3000 or toll free at 1-855-299-0028.

mailto:[email protected]

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Individual Submissions

First Name Click here to enter text

Last Name Click here to enter text

Street Address Click here to enter text

City / Town Click here to enter text

Province Click here to enter text

Postal Code Click here to enter text

Telephone Click here to enter text

Email Address (optional) Click here to enter text

Organizational Affiliation

(if any) Click here to enter text

Check this box to receive updates from the Ontario College of Trades

I am a/an (select all that apply):

Apprentice (hold a valid registered training agreement)

Journeyperson (hold a valid certificate of qualification)

Skilled Tradesworker (do not hold a certificate of qualification)

Student in a trades-related program (e.g. OYAP, vocational school, pre-apprenticeship program)

Parent / guardian of a student in a trades-related program

Other, please specify: Click here to enter text

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Trade (s) – please list all that apply: Click here to enter text

Association / Organization / Company Submissions – You are authorized to

represent and make comments on behalf of an association or company

First Name Alan

Last Name Vanderploeg

Job Title Business Agent/Training Coordinator

Association/

Organization/

Company Name United Association Local 628, Joint Training and Apprenticeship Committee

Street Address

City / Town Thunder Bay

Province Ontario

Postal Code

Telephone

Email Address

Check this box to receive updates from the Ontario College of Trades

(Continued on next page)

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(Continued from previous page)

Please tell us more about your association / organization / company:

Number of individuals your

association/organization/company

employs/sponsors/represents

Apprentice(s) 82

Journeyperson(s) 400

Skilled tradesworker (do not hold a certificate of

qualification)

None

Total number of employees/members your

association/company employs or represents

(including the categories above)

482

Trade (s) associated with your association / organization / company – please list all that apply:

Steamfitter, Gas Fitter, Plumber, Welder.

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Proposed Regulations: Public Notice of Board meetings

1. Notices for Board meetings that are required to be open to the public will meet the following requirements:

(a) Notice will be posted on the Ontario College of Trades (the College) website at least 14 days before the meeting,

(b) The notice will be in both English and French.

(c) The notice will include the date, time and place of the meeting. The proposed agenda for the meeting will also be included in the notice.

Q: Why is this regulation being proposed? A: Once the College is fully operational, reasonable notice will be given for meetings of the Board that are required to be open to members of the College and the public. The College is proposing to provide the public with information about the Board meeting (i.e. date, time, place and agenda) at least 14 days in advance. Where exceptional circumstances warrant it, an emergency Board meeting may be convened with less than 14 days of public notice. Q: Will all Board meetings be open to the public? A: In most cases, Board meetings will be open to the public; however the Ontario College of Trades

and Apprenticeship Act, 2009 (OCTAA) lists some exceptions where the Board has the right to exclude

the public and members from a meeting or part of a meeting. These exceptions include cases where

sensitive information may be disclosed and/or a person’s safety may be jeopardized – please see

section 16(2) of OCTAA for a full list of exceptions.

Q: Will Board meetings be in both English and French?

A: Everyone will have the right to use French when dealing with the College. The College is developing a policy on French-language services. The policy will be posted on the College website once it is finalized.

Please provide comments below, if any:

(maximum 250 words – only the first 250 words of this entry will be considered)

Notification of Board meetings would be welcomed by the Local 628, Joint Training and Apprenticeship

Committee, however the notification period of 14 days before a Board meeting is insufficient. As a

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province-wide organization with a duty to consult with our membership, we require a minimum of 45

days to circulate the meeting information and agenda. Should members of our JTAC desire to attend a

Board meeting they will require the 45 days to adjust their work schedules and make the appropriate

travel arrangements. The schedule of Board meetings must be drafted long in advance to

accommodate the schedules of the Board members so it should not pose a significant challenge for the

College to make this information available well in advance of the meeting. For the College to be truly

transparent they must allow members ample opportunity to attend the meetings in which they are

being represented.

Additionally, clarification is needed on whether “Board meetings” refers to the Trade Boards, the

Divisional Boards, or the Board of Governors.

As a general comment it should be noted that any public notices coming from the College of Trades

should be provided at a minimum 45 days in advance of the deadline. It presents a significant

challenge for associations to conduct appropriate consultation to make submissions to the College with

shorter notice periods. For the highest amount of participation and transparency, this advance notice

is important for College members.

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Proposed Regulations: Public Notice of Discipline Committee Hearings

1. Public notices for Discipline Committee hearings on allegations of professional misconduct or incompetence by a member will meet the following requirements:

(a) Notice will be posted on the Ontario College of Trades (the College) website at least 14 days before the hearing.

(b) The notice will be in both English and French.

(c) The notice will include:

(i) The name and registration number of the member who is facing complaints;

(ii) the date, time and place of the hearing; and

(iii) the complaint(s) made against the member.

Q: Why is this regulation being proposed?

A: Once the College is fully operational, reasonable notice will be given for hearings by a panel of the Discipline Committee concerning allegations of incapacity, professional misconduct or incompetence by a member. The College is proposing to provide the public with information about Discipline Committee hearings (i.e. date, time, place and agenda) at least 14 days in advance. Where exceptional circumstances warrant it, public notice of a Discipline Committee hearing may be provided with less than 14 days. Q: Is this the same notice that will be given to the member who is facing allegations of incapacity, professional misconduct or incompetence? Will he or she also receive 14 days of notice?

A: No. A member who is facing allegations of incapacity, professional misconduct or incompetence will be served directly with a written notice of the hearing well in advance of the hearing date.

Q: Will all Discipline Committee hearings be open to the public?

A: In most cases, Discipline Committee hearings will be open to the public. However, the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) lists some exceptions where the Board has the right to exclude the public and members from a meeting or part of a meeting. These exceptions include cases where sensitive information may be disclosed and/or a person’s safety may be jeopardized – please see subsection 48(7) of OCTAA for a full list of exceptions.

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Q: Will Discipline Committee hearings be in held both English and French?

A: Everyone will have the right to use French when dealing with the College. The College is developing a policy on French-language services. The policy will be posted on the College website once it is finalized.



Given the gravity of discipline committee hearings and the potential to remove a member’s ability to

legally practice their trade, as much advance notice as possible is required for members of the College.

A minimum of 45 days of public notice is necessary. Assuming that the Discipline Committee hearings

are to be conducted at the Toronto location of the College, 14 days is insufficient for members to

adjust their work schedules and make travel arrangements should they wish to attend. In some cases

the hearing may set a precedent that could impact on the overall practice of a trade. There must be

enough notice to the member facing allegations to allow for due process and protection through

representation as well as to the wider membership of the College should they have an interest in the

hearing to be conducted.

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Proposed Regulations: Naming of Geographic Areas

1. For the purposes of reflecting geographic diversity across the governing structure of the College, the following are designated as geographic areas to be taken into account by the Appointments Council:

(i) Central

(ii) East

(iii) North

(iv) West

2. The geographic areas listed above include the municipalities, counties and districts listed in Column 2 of Schedule 1 (see page 12 and 13).

Q: What is the Appointments Council?

A: The College of Trades Appointments Council (the Appointments Council) was established under the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) [see section 63 of OCTAA]. The Appointments Council is composed of a Chair and eight other members who are all appointed by the Lieutenant Governor in Council. The Appointments Council has a duty to appoint people to the College’s governing structure. The term “governing structure” means the College Board of Governors, the College Divisional Boards, the College Trade Boards, and the roster of adjudicators for Review Panels (Review Panels conduct reviews and make decisions about journeyperson to apprentice ratios and on classifying trades as either compulsory or voluntary). Q: Why are these regulations being proposed?

A: Under OCTAA, the Appointments Council must consider the importance of reflecting diversity when appointing people to the College, including the diversity of geographic areas of Ontario. This proposed regulation sets out the various areas in Ontario for the Appointments Council to take into consideration when making appointments to the College governing structure. Q: What does the Appointments Council do now in terms of reflecting geographic diversity when

making appointments?

A: The Appointments Council asks people who are applying to be in the governing structure of the College to tell them if they are from Central, East, West or North Ontario. They include a map in their application package with every county, regional municipality and regional district in the province in one of these four areas. These are the same areas as the ones listed in the proposed regulation. If the

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proposed regulation is not put in place, the Appointments Council will not be required by regulation to consider these particular geographic areas when making appointments to the College governing structure. Q: Why is it important to consider the diversity of geographic areas when making appointments to the College governing structure?

A: The College is an industry-driven body that seeks to reflect the needs of industry. The College recognizes that different communities in Ontario face their own unique set of issues. Setting out the geographic areas for the Appointment Council to take into consideration when making appointments will help reflect the geographic diversity of Ontario.



The Local 628, Joint Training and Apprenticeship Committee agrees that the Appointments Council

should take the designated areas, which follow the current regional divisions of the Ministry of

Training, Colleges and Universities, into account to reflect geographic diversity across the governing

structure of the College. This continuity will ensure representation and be less disruptive for all

involved in the process.

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Schedule 1

Column 1 Column 2

Geographic Area Municipalities, counties and districts

Central Durham Regional Municipality

Halton Regional Municipality

Muskoka District Municipality

Peel Regional Municipality

Simcoe County

Toronto, City of

York Regional Municipality

East Frontenac County

Haliburton County

Hastings County

Kawartha Lakes, City of

Lanark County

Leeds and Grenville, United Counties of

Lennox and Addington County

Northumberland County

Ottawa, City of

Peterborough County

Prescott and Russell, United Counties of

Prince Edward County

Renfrew County

Stormont, Dundas and Glengarry, United Counties of

North Algoma District

Cochrane District

Greater Sudbury, City of

Kenora District

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Column 1 Column 2

Geographic Area Municipalities, counties and districts

Manitoulin District

Nipissing District

Parry Sound District

Rainy River District

Sudbury District

Thunder Bay District

Timiskaming District

West Brant County

Bruce County

Chatham-Kent, Municipality of

Dufferin County

Elgin County

Essex County

Grey County

Haldimand-Norfolk

Hamilton, City of

Huron County

Lambton County

Middlesex County

Niagara Regional Municipality

Oxford County

Perth County

Waterloo Regional Municipality

Wellington County

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General Regulation on Apprenticeship Programs

The College is proposing to make a general regulation governing the establishment of apprenticeship

programs for all trades prescribed under the Ontario College of Trades and Apprenticeship Act, 2009

(OCTAA). A benefit of a general regulation is that it provides a unifying context for more trade-specific

regulations and can set out a framework of guiding principles that increase transparency/clarity when

apprenticeship programs are established.

Proposed Regulations: Apprenticeship Programs - General

1. Definitions

“Apprenticeship program” means a program established in accordance with this Regulation which includes workplace-based training and experience and, where applicable, classroom training and instruction, and is intended to prepare an apprentice to practice the full scope of the trade;

“Regular daily training hours” means the hours of workplace-based training completed by the apprentice during the regular daily working hours of the journeyperson with whom the apprentice works, in time-based apprenticeship programs;

“Journeyperson”, for the purposes of supervising an apprentice in a voluntary trade, includes an individual who has training and experience in a trade equivalent to an individual who holds a certificate of qualification in the trade.

2. (1) The College shall establish an apprenticeship program for a trade in accordance with this Regulation.

(2) In deciding whether to establish an apprenticeship program, the College shall consider the following factors:

(a) the training needs of employers, employees, and the requirements of the labour market for the trade;

(b) the content and length of the program, including the proportion of the program that involves workplace-based training;

(c) whether the program will prepare the apprentice to complete the subjects of examination prescribed for the trades, if applicable; and,

(d) whether the combined elements of the program would prepare the apprentice to practice the full scope of the trade in accordance with established training and curriculum standards.

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3. (1) In establishing an apprenticeship program for a trade, the College, in addition to any matters provided for in this Regulation with respect to the apprenticeship program for a particular trade, may specify:

(a) Any academic or other prerequisite;

(b) The content and duration of any classroom instruction and workplace-based training to be completed;

(c) Requirements for documenting the training and work experience completed by the apprentice;

(d) Matters required to be addressed in a registered training agreement;

(e) The length of training required in any component of the program;

(f) Where the apprenticeship program requires that the apprentice complete a specified number of hours of workplace-based training, whether any hours worked by an apprentice outside his or her regular daily training hours may be included in computing the hours spent in workplace-based training.

4. (1) The College may establish a system of credits for an apprenticeship program, including the requirements that must be satisfied to obtain credit,

(a) for the successful completion of a course of study or training; or

(b) for work performed or experience gained in the trade prior to the registration of the training agreement.

(2) No credits shall be granted under subsection (1) unless the applicant for an apprenticeship,

(a) supplies documentary evidence satisfactory to the Minister of the completion of the course of study or training, or of the work performed or the experience gained, as the case may be; or

(b) passes such tests or examinations as are required.

Q: Do these proposed regulations mean that the College would have the power to create new trades and apprenticeship programs on its own?

A: No. The College’s approval of apprenticeship programs would be one of the last steps in a much larger process. The Minister of Training, Colleges and Universities (Minister) has the authority to prescribe new trades; the College has the authority to establish apprenticeship programs. The College would not be establishing apprenticeship programs on its own – it is the ‘formalization’ of many decisions that would have come before it.

Q: How will new trades and apprenticeship programs be created when the College goes live?

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A: The process for developing new trades and apprenticeship programs is still being developed. Because the training model for all prescribed trades in Ontario is an apprenticeship model, the prescribing of new trades is somewhat inseparable from the establishment of apprenticeship programs, and vice versa. The College is working with the Ministry of Training, Colleges and Universities (MTCU) to ensure that the process will be comprehensive, transparent and industry-driven. It will involve public consultation and will engage the College’s governance structure for decision making (e.g. Divisional Boards, Board of Governors).

Information about the new trade and apprenticeship program development process, including some of the key considerations that go into determining whether or not a new trade and apprenticeship program should be created, will be made available when they are finalized.



Under (1) Definitions for “Journeyperson” it is stated that for the purposes of supervising an apprentice

in a voluntary trade, this title includes “an individual who has training and experience in a trade

equivalent to an individual who holds a certificate of qualification in the trade”. For the purposes of

supervising apprentices, journeypersons should always be holders of a Certificate of Qualification.

Those who have verified and proven work experience in a trade may challenge the exam, and then are

deemed journeypersons and are able to take on apprentices. This definition is clear in the Ontario

College of Trades and Apprenticeship Act, 2009 where a journeyperson is stated to be “an individual

who holds a certificate of qualification”. The definition and application must be consistent in both the

legislation and the proposed regulations. Apprentices should be mentored by a certified journeyperson

as members of the College of Trades.

Although there are different regulations for the trades under the TQAA and the ACA, for the purposes

of setting training requirements all trades should eventually be given the same consideration through

the College. The Board is required by the Ontario College of Trades and Apprenticeship Act, 2009 to

make regulations for trades covered by the TQAA and therefore has an obligation to reach out to their

membership for consultation. The trades under the ACA have their apprenticeship program

requirements set out in policy documents – a much less transparent process. There is a difference

between time-based and competency-based programs, however all trades could benefit from wider

industry input to set training standards. At a minimum, when approving the creation of an

apprenticeship program for a trade, whether under the TQAA or the ACA the regulations should reflect

that the expertise of the trade board should be the principal determinant for the Board of Governors

In Section 2(2) there is brief mention of the College considering “the requirements of the labour

market” when authorizing apprenticeship programs. This does not capture several fundamental

factors, namely short-term versus long-term labour market needs, existing trade overlap and the

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probability consistent apprenticeship completions. These primary considerations should be explicit in

the regulation.

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Trade-Specific Regulations

The College is proposing to make Board regulations that set out trade-specific regulations for some

trades.

List of trades with proposed trade-specific regulations:

1. Architectural glass and metal technician

2. Brick and stone mason

3. Cement (concrete) finisher

4. Cement mason

5. Construction boilermaker

6. Construction millwright

7. Drywall, acoustic and lathing applicator

8. Drywall finisher and plasterer

9. Electrician (Construction and Maintenance); and

Electrician (Domestic and Rural)

10. Floor covering installer

11. General carpenter

12. Heat and frost insulator

13. Hoisting Engineer (Mobile Crane Operator 1);

Hoisting Engineer (Mobile Crane Operator 2); and

Hoisting Engineer (Tower Crane Operator)

14. Ironworker (Generalist);

Ironworker (Structural and Ornamental); and

Reinforcing Rodworker

15. Painter and Decorator (Commercial and Residential); and

Painter and Decorator (Industrial)

16. Plumber

17. Powerline Technician

18. Precast concrete erector

19. Precast concrete finisher

20. Refrigeration and air conditioning systems mechanic; and

Residential air conditioning systems mechanic

21. Restoration mason

22. Roofer

23. Sheet metal worker; and

Residential Sheet Metal Installer

24. Sprinkler and fire protection installer

25. Steamfitter

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26. Terrazzo, tile and marble setter

Q: Only some trades seem to be listed in this proposed regulation related to the establishment of

apprenticeship programs. Why aren’t all trades included – don’t they all have apprenticeship

programs?

A: All trades in Ontario have apprenticeship programs which include workplace-based training and

experience and, where applicable, classroom-based training and instruction. Details of the

apprenticeship programs for each trade are set out in policies, as well as training and curriculum

standards.

The Board is required by the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) to make

regulations prescribing wage rates, ratios and training hours for apprentices in certain trades. The

College is proposing to mirror the wage rates, ratios and training hours currently set out under the

Trades Qualification and Apprenticeship Act, 1990 (TQAA) and is also proposing to set out whether or

not overtime will be included in training hours for some trades, again as currently set out in the TQAA.

There are no similar regulations for trades named under the Apprenticeship and Certification Act, 1998

(ACA): that is why no other trades are included in this proposed regulation.

Other trades will have the requirements of their apprenticeship program set out in policy documents

such as training and curriculum standards – as is now the case for those trades.

The following table lists the TQAA trades that have trade-specific regulations. Please note that some

trades are named differently under OCTAA (they are outlined in the table below).

Trade Name under TQAA Regulation(s) under TQAA

Trade Name under OCTAA

1 Architectural Glass and Metal Technician

331/07; 1055 Same

2 Brick and Stone Mason 1045; 1055 Same

3 Cement Finisher 1055 Cement (Concrete) Finisher

4 Cement Mason 1046 Same

5 Construction Boilermaker 1047; 1055 Same

6 Construction Millwright 1048; 1055 Same

7 Drywall, Acoustic and Lathing Applicator

97/01; 1055 Same

8 Drywall Finisher and Plasterer 99/01; 1055 Same

9 Electrician – Branch 1 1051; 1055

Electrician – Construction and Maintenance

10 Electrician – Branch 2 Electrician – Domestic and Rural

11 Floor Covering Installer 98/01; 1055 Same

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Trade Name under TQAA Regulation(s) under TQAA

Trade Name under OCTAA

12 General Carpenter 1056; 1055 Same

13 Heat and Frost Insulator 1055 Same

14 Hoisting Engineer – Branch 1

1060; 1055

Hoisting Engineer – Mobile Crane Operator 1

15 Hoisting Engineer – Branch 2 Hoisting Engineer – Mobile Crane Operator 2

16 Hoisting Engineer – Branch 3 Hoisting Engineer – Tower Crane Operator

17 Ironworker and Reinforcing Rodworker – Branch 1

329/07; 1055

Ironworker – Generalist


Ironworker – Structural and Ornamental


Reinforcing Rodworker

20 Lineworker – (a) 1067; 1055 Powerline Technician

21 Painter and Decorator – Branch 1 101/01; 1055

Painter and Decorator – Commercial and Residential

22 Painter and Decorator – Branch 2 Painter and Decorator – Industrial

23 Plumber 1073; 1055 Same

24 Precast Concrete Erector 1055 Same

25 Precast Concrete Finisher 1055 Same

26 Refrigeration and Air Conditioning Systems Mechanic – Branch 1

75/05; 1055

Refrigeration and Air Conditioning Systems Mechanic

27 Refrigeration and Air Conditioning Systems Mechanic – Branch 2

Residential Air Conditioning and Systems Mechanic

28 Restoration Mason 1055 Same

29 Roofer 96/01; 1055 Same

30 Sheet Metal Worker – Branch 1 1077; 1055

Sheet Metal Worker

31 Sheet Metal Worker – Branch 2 Residential Sheet Metal Installer

32 Sprinkler and Fire Protection Installer

1078; 1055 Same

33 Steamfitter 1079; 1055 Same

34 Terrazo, Tile and Marble Setter 1055 Same

Q: Is the College planning to develop trade-specific regulations for all of the other trades to set out

the number of hours required to complete the time-based apprenticeship programs; overtime (if

included in training hours); wage rates; and/or ratios?

A: No. Apprenticeship programs that were developed under TQAA are time-based programs. This means that an apprentice has to complete a certain number of hours of workplace-based training and experience and, where applicable, classroom-based training and instruction to meet the requirements of the program. Apprenticeship programs that were developed under ACA are for trades that are competency-based. This means that an individual meets the requirements of the program when

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he/she can demonstrate that he/she has gained the required knowledge and can perform all of the required skills set out for that trade. There is no prescribed time minimum for these trades.

The Minister has the authority to set out (in regulation) the trades that are subject to wage rates and/or ratios. Once the Minister has set out in regulation that a trade should be subject to wage rates and/or ratios, the College has the authority to determine what the actual wage rates and/or ratios should be. The College is working with MTCU to ensure that the process to make any more trades be subject to wage rates and/or ratios will be a comprehensive, transparent and industry-driven process. It will involve public consultation and engage the College’s governance structure for decision making (e.g. Divisional Boards, Board of Governors).

Q: The regulations for TQAA trades listed in this chart seem to have other parts to them that are not

proposed in these regulations, such as age and specific course requirements. Why aren’t those other

things included?

A: All of the trade-specific regulations under TQAA include scopes of practice for the trades. Some

regulations include other things, such as age and specific course requirements for apprenticeship

programs.

Aside from the hours, wage rates and ratios, other elements of the TQAA regulations will not continue

to be set out in regulation for several reasons. Firstly, some of the other elements listed in the TQAA

may no longer apply, or these sections will be set out in policy to make the regulation approach

consistent between trades and to make apprenticeship programs easier to modernize. In other cases,

these elements are set out in other regulations (see below).

The scopes of practice for all named trades in Ontario (i.e. all TQAA and ACA trades) are already set out

in regulations under OCTAA by sector – that is why they do not need to be set out in these regulations.

Construction sector: Ontario Regulation 275/11

Industrial sector: Ontario Regulation 276/11

Motive power sector: Ontario Regulation 277/11

Service sector: Ontario Regulation 278/11

Q: Why is the title of these proposed regulations “establishing apprenticeship programs” when

apprenticeship programs for these trades already exist?

A: Because OCTAA is ‘new’, existing apprenticeship programs are being ‘established’ for the first time

under this Act. The name of the regulations proposed here reflects the Board’s regulation making

authority on this subject matter.

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Proposed Trade-Specific Regulations:

ARCHITECTURAL GLASS AND METAL TECHNICIAN

Apprenticeship program

1. An apprenticeship program established for the trade of architectural glass and metal technician in accordance with this Regulation shall consist of four periods and each period shall include 2,000 hours of apprentice training.

Overtime included in program hours

2. Hours worked by an apprentice in the trade of architectural glass and metal technician in excess of his or her regular daily training hours shall be included in computing the hours spent by him or her in related training and experience.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade of architectural glass and metal technician shall not exceed the number determined in accordance with the following rules:

(a) For the first journeyperson employed by the employer in the trade, one apprentice.

(b) For every two additional journeypersons employed by the employer in the trade, add one apprentice.

(2) If an employer is a journeyperson, he or she shall be considered to be the first journeyperson employed by the employer for the purposes of subsection (1)(a).



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BRICK AND STONE MASON


1. An apprenticeship program established for the trade of brick and stone mason in accordance

with this Regulation shall consist of four periods and each period shall include 1,400 hours of

apprentice training.


2. Hours worked by an apprentice in the trade of brick and stone mason in excess of his or her

regular daily training hours shall be included in computing the hours spent by him or her in

related training and experience.

Rate of wages

3. (1) The rate of wages to be paid by an employer to an apprentice working in the trade of

brick and stone mason during the apprenticeship program shall not be less than the following

percentage of the average hourly rate of wages for journeypersons employed by the

employer in that trade:

(a) During the first period of apprentice training, 40 per cent.

(b) During the second period of apprentice training, 60 per cent.

(c) During the third period of apprentice training, 70 per cent.

(d) During the fourth period of apprentice training, 80 per cent.

(2) Subsection (1) applies to the determination of rate of wages for regular daily hours of

work of an apprentice as well as for hours of work in excess of regular daily hours of work.

(3) If an employer employs an apprentice in the trade of brick and stone mason but does not

employ other journeypersons in the trade, the apprentice’s rate of wages shall be

determined in accordance with subsections (1) and (2). However, any reference in those

subsections to the average hourly rate of wages for journeypersons employed by the

employer in the trade of brick and stone mason shall be deemed to be a reference to the

average hourly rate of wages paid to journeypersons employed in the trade in the locality in

which the apprentice is employed.

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Ratios

4. (1) The number of apprentices who may be employed by an employer in the trade of brick and stone mason shall not exceed the number determined in accordance with the following rules:


(b) For every three additional journeypersons employed by the employer in the trade, add one apprentice.

(2) If an employer is a journeyperson, he or she shall be considered to be the first

journeyperson employed by the employer for the purposes of subsection (1)(a).




27


CEMENT (CONCRETE) FINISHER


1. An apprenticeship program established for the trade of cement (concrete) finisher in accordance with this Regulation shall consist of not less than 4,500 hours.

Rate of wages

2. (1) The rate of wages for an apprentice in the trade of cement (concrete) finisher whether for his or her regular daily training hours or for hours in excess of those regular daily training hours shall be not less than,

(a) 40 per cent during the first period;

(b) 50 per cent during the second period;

(c) 60 per cent during the third period;

(d) 70 per cent during the fourth period; and

(e) 80 per cent during the fifth period,

of the average rate of wages for journeypersons employed by the employer in that trade, or where the employer is the only journeyperson employed, of the average rate of wages for journeypersons in the area.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade of cement (concrete) finisher shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for each additional three journeypersons employed by the employer in that trade and with whom the apprentice is working; or

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by the employer in that trade and with whom the apprentice is working.


28



29


CEMENT MASON


1. An apprenticeship program established for the trade of cement mason in accordance with this Regulation shall consist of three periods of related training and work experience of 2,000 hours each.

Rate of wages

2. (1) The rate of wages for an apprentice in the trade of cement mason whether for regular daily hours or hours in excess of regular daily hours shall be not less than,

(a) 60 per cent for the first period of related training and work experience;

(b) 75 per cent for the second period of related training and work experience; and

(c) 90 per cent for the third period of related training and work experience,

of the average hourly rate of wages or its equivalent for a journeyperson employed by the employer in that trade and with whom the apprentice is working.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade of cement mason shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every four journeypersons employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeypersons in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional four journeypersons employed by that employer in the trade and with whom the apprentice is working.


4. Every hour worked by an apprentice in excess of regular daily training hours shall be included in computing the hours spent by him or her in related training and work experience.

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31


CONSTRUCTION BOILERMAKER

1. An apprenticeship program for the trade of construction boilermaker established in accordance with this Regulation shall consist of four periods and each period shall include 1,650 hours of apprentice training.

2. Hours worked by an apprentice in the trade of construction boilermaker in excess of his or her regular daily training hours shall be included in computing the hours spent by him or her in related training and work experience.

Rate of wages

3. (1) The rate of wages to be paid by an employer to an apprentice working in the trade of construction boilermaker during the apprenticeship program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer of the trade:




(d) During the fourth period of apprentice training, 90 per cent.

(2) Subsection (1) applies to the determination of rates of wages for regular daily training hours of an apprentice as well as for hours of work in excess of regular daily training hours.

(3) If an employer employs an apprentice in the trade of construction boilermaker but does not employ other journeypersons in the trade, the apprentice’s rate of wages shall be determined in accordance with subsections (1) and (2). However, any reference in those subsections to the average hourly rate of wages for journeypersons employed by the employer in the trade of construction boilermaker shall be deemed to be a reference to the average hourly rate of wages paid to journeypersons employed in the trade in the locality in which the apprentice is employed.

Ratios

4. (1) The number of apprentices who may be employed by an employer in the trade of construction boilermaker shall not exceed the number determined in accordance with the following rules:


(b) For every three additional journeypersons employed by the employer in the trade, add one apprentice.

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33


CONSTRUCTION MILLWRIGHT


1. An apprenticeship program established for the trade of construction millwright in accordance with this Regulation shall consist of four periods of related training and work experience training of 2,000 hours per period.


2. Every hour worked by an apprentice in excess of his or her regular daily training hours shall be included in computing the hours spent in workplace-based training.

Rate of wages

3. (1) The rate of wages for an apprentice in the trade of construction millwright, whether for regular daily hours of work or for hours of work in excess of regular daily hours of work shall not be less than,



(c) 80 per cent during the third period; and

(d) 90 per cent during the fourth period,

of the average hourly rate of wages or its equivalent for journeypersons employed by the employer in that trade and with whom the apprentice is working.

Ratios

4. (1) The number of apprentices who may be employed by an employer in the trade of construction millwright shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every four journeypersons employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeypersons employed by the employer plus an additional apprentice for each additional four journeypersons employed by that employer in the trade and with whom the apprentice is working.

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35


DRYWALL, ACOUSTIC AND LATHING APPLICATOR


1. An apprenticeship program established for the trade of drywall, acoustic and lathing applicator in accordance with this Regulation, shall consist of not less than 5,400 hours.


2. Hours worked by an apprentice in the trade of drywall, acoustic and lathing applicator in excess of his or her regular daily training hours shall be included in computing the hours spent by him or her in related training and experience.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade of drywall, acoustic and lathing applicator shall not exceed,

(a) if the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every four journeypersons employed by the employer in the trade and with whom the apprentice is working; or

(b) if the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for every additional four journeypersons employed by the employer in the trade and with whom the apprentice is working.




36


DRYWALL FINISHER AND PLASTERER


1. An apprenticeship program established for the trade of drywall finisher and plasterer, in accordance with this Regulation shall consist of not less than 5,400 hours.


2. Hours worked by an apprentice in the trade of drywall finisher and plasterer in excess of his or her regular daily training hours shall be included in computing the hours spent by him or her in related training and experience.

Wage Rates

3. (1) Unless otherwise prescribed, the rate of wages for an apprentice whether for his or her regular daily hours or for hours in excess of those regular daily hours shall be not less than,







Ratios

4. (1) The number of apprentices who may be employed by an employer in the trade shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every three journeypersons employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by that employer in the trade and with whom the apprentice is working.

37




38


ELECTRICIAN – CONSTRUCTION AND MAINTENANCE; and ELECTRICIAN – DOMESTIC AND RURAL


1. An apprenticeship program established for the trade of Electrician-Construction and Maintenance in accordance with this Regulation shall consist of five periods of related training and experience of 1800 for each period.

2. For the holder of a certificate of qualification in the trade of Electrician – Domestic and Rural the apprenticeship program for the trade of Electrician – Construction and Maintenance shall consist of a further period of training and instruction of 2,000 hours that shall include a course of study approved by the Registrar.

3. An apprenticeship program established for the trade of Electrician – Domestic and Rural in accordance with the Regulation shall consist of four periods of related training and work experience training of 1,800 hours for each period.

Rate of wages

4. (1) The rate of wages for an apprentice in the trade of Electrician – Construction and Maintenance whether for regular daily training hours or for hours of work in excess of regular daily training hours of work shall not be less than,






of the average hourly rate of wages or its equivalent for journeypersons in that trade employed by the employer with whom the apprentice is working.

5. (1) The rate of wages for an Electrician Domestic and Rural whether for regular daily training hours or for hours of work in excess of regular daily training hours shall not be less than

(a) 40 percent during the first period;

(b) 50 percent during the second period;

39

(c) 60 percent during the third period;

(d) 70 percent during the fourth period.

of the average hourly rate of wages or its equivalent for journeypersons in that trade employed by the employer with whom that apprentice is working.

(2) The rate of wages for an Electrician-Domestic and Rural during the 2,000 hour period of training and instruction referred to in section 5 shall be not less than 80 percent of the wages for an Electrician-Construction and Maintenance.

Ratios

6. (1) The number of apprentices who may be employed by an employer in the trade of Electrician-Construction and Maintenance and Electrician – Domestic and Rural (“the electrician trades”) shall not exceed the number set out in Column 2 of the Table opposite the number of journeypersons in the electrician trades employed by the employer set out in Column 1.

Column 1 Column 2

Number of Journeypersons Number of Apprentices Allowed

1 1

2 2

3 2

4 2

5 3

6 3

7 3

8 4

(2) For every three journeypersons employed by the employer after the eighth journeyperson, one additional apprentice may be employed.


40



41


FLOOR COVERING INSTALLER


1. An apprenticeship program established for the trade of floor covering installer in accordance with this Regulation shall consist of not less than 6,000 hours.


2. Hours worked by an apprentice in the trade of floor covering installer in excess of his or her regular daily training hours shall be included in computing the apprentice’s hours of related training and work experience.

Ratios

3. The number of apprentices who may be employed by an employer in the trade of floor covering installer shall not exceed the number of journeypersons employed by the employer in the trade plus one if the employer is a journeyperson in the trade.




42


GENERAL CARPENTER


1. An apprenticeship program established for the trade of general carpenter established in accordance with this Regulation shall consist of a minimum of 3,844 hours of related training and work experience training or such greater number of hours as the Registrar may determine of related training and work experience training to a maximum of 7,200 hours.

Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of general carpenter shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for each four journeypersons employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional four journeypersons employed by that employer in the trade and with whom the apprentice is working.

Rate of wages

3. (1) The rate of wages for an apprentice in the trade whether for his or her regular daily hours of work or for hours of work in excess of his or her regular daily hours of work shall not be less than,

(a) 40 per cent until the apprentice successfully completes five units or 1,800 hours of training and work experience;

(b) 50 per cent until the apprentice successfully completes ten units or 3,600 hours of training and work experience;

(c) 60 per cent until the apprentice successfully completes fifteen units or 5,400 hours of training and work experience;

(d) 80 per cent until the apprentice successfully completes the twenty units of training and work experience;



43



44


HEAT AND FROST INSULATOR

Rate of wages

1. (1) The rate of wages for an apprentice in the trade of heat and frost insulator whether for his or her regular daily training hours or for hours in excess of those regular daily training hours shall be not less than,







Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of heat and frost insulator shall not exceed,



Note: An apprenticeship program established for the trade of heat and frost insulator in accordance with existing Ministry of Training, Colleges and Universities policy shall consist of four periods of related training and work experience training of 1,600 hours per period.

45




46


HOISTING ENGINEER – MOBILE CRANE OPERATOR 1;

MOBILE CRANE OPERATOR 2; and

TOWER CRANE OPERATOR

Apprenticeship programs

1. (1) An apprenticeship program established for the trade of Hoisting Engineer – Mobile Crane Operator 1 in accordance with this Regulation shall consist of three periods and each period shall include 2,000 hours of apprentice training.

(2) An apprenticeship program established for the trade of Hoisting Engineer – Mobile Crane Operator 2 in accordance with this Regulation shall consist of one period of apprentice training of 1,000 hours.

(3) The apprenticeship program established for the trade of Hoisting Engineer – Tower Crane Operator in accordance with this Regulation shall consist of two periods and each period shall include 1,500 hours of apprentice training.

2. (1) Despite subsections 1 (1) and (2), for the holder of a certificate of qualification in the trade of Hoisting Engineer – Tower Crane Operator,

(a) the apprenticeship program for the trade of Hoisting Engineer – Mobile Crane Operator 1 shall consist of two periods and each period shall include 2,000 hours of apprentice training; and

(b) the apprenticeship program for the trade of Hoisting Engineer – Mobile Crane Operator 2 shall consist of one period of apprentice training of 1,000 hours.

3. Despite subsection 1 (3), for the holder of a certificate of qualification in the trade of Hoisting Engineer – Mobile Crane Operator 1, an apprenticeship program for the trade of Hoisting Engineer – Tower Crane Operator shall consist of one period of apprentice training of 1,000 hours.

4. (1) Despite subsections 1 (1) and (3), for the holder of a certificate of qualification in the trade of Hoisting Engineer – Mobile Crane Operator 2,

(a) the apprenticeship program for the trade of Hoisting Engineer – Mobile Crane Operator 1 shall consist of three periods and each period shall include 1,700 hours of apprentice training; and

(b) the apprenticeship program for the trade for Hoisting Engineer – Tower Crane Operator shall consist of two periods and each period shall include 1,000 hours of apprentice training.

47


5. Hours worked by an apprentice in any of the Hoisting Engineer trades in excess of his or her regular daily training hours shall be included computing the hours spent by him or her in related training and experience.

Rate of wages

6. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in the trade of Hoisting Engineer – Mobile Crane Operator 1 during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade:




(2) In the case of an apprentice working in the trade of Hoisting Engineer – Mobile Crane Operator 1 who holds a certificate of qualification in the trade of Hoisting Engineer – Tower Crane Operator, the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in section 2 (a) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade of Hoisting Engineer – Mobile Crane Operator 1:



(3) If an employer employs an apprentice in the trade of Hoisting Engineer – Mobile Crane Operator 1 but does not employ other journeypersons in that trade, the apprentice’s rate of wages shall be determined in accordance with subsection (1) or (2). However, any reference in those subsections to the average hourly rate of wages for journeypersons employed by the employer in the trade of Hoisting Engineer – Mobile Crane Operator 1 shall be deemed to be a reference to the average hourly rate of wages paid to journeypersons employed in that trade in the locality in which the apprentice is employed.

7. The rate of wages to be paid by an employer to an apprentice in the trade of Hoisting Engineer – Mobile Crane Operator 2 shall not be less than the minimum rate of wages prescribed under the Employment Standards Act, 2000.

8. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in the trade of Hoisting Engineer – Tower Crane Operator during the apprenticeship program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade:


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(2) In the case of an apprentice working in the trade of Hoisting Engineer – Tower Crane Operator who holds a certificate of qualification in the trade of Hoisting Engineer – Mobile Crane Operator 1, the rate of wages to be paid by an employer for work performed by the apprentice during the period of apprentice training referred to in section 3 shall be no less than 70 per cent of the average hourly rate of wages for journeypersons employed by the employer in the trade of Hoisting Engineer – Tower Crane Operator.

(3) If an employer employs an apprentice in the trade of Hoisting Engineer – Tower Crane Operator but does not employ other journeypersons in that trade, the apprentice’s rate of wages shall be determined in accordance with subsection (1) or (2). However, any reference in those subsections to the average hourly rate of wages for journeypersons employed by the employer in the trade shall be deemed to be a reference to the average hourly rate of wages paid to journeypersons employed in that trade in the locality in which the apprentice is employed.

9. Sections 6, 7 and 8 apply to the determination of rates of wages for regular daily training hours of an apprentice as well as for hours of work in excess of regular daily training hours of work.

Ratios

10. (1) The number of apprentices who may be employed by an employer in the hoisting engineer trades shall not exceed the number of journeypersons employed by the employer in the trades.

(2) If an employer is a journeyperson, he or she shall be included in the number of journeypersons employed by the employer for the purposes of determining the number of apprentices who may be employed by the employer under subsection (1).




49


IRONWORKER – GENERALIST;

IRONWORKER – STRUCTURAL AND ORNAMENTAL; and

REINFORCING RODWORKER


1. (1) The apprenticeship programs established for the trades of Ironworker – Generalist, Ironworker – Structural and Ornamental, and Reinforcing Rodworker (“the ironworker trades”) in accordance with this Regulation shall consist of the following periods of apprentice training:

(a) In the case of a program in the trade of Ironworker — Generalist, four periods, each period consisting of 2,000 hours of apprentice training.

(b) In the case of a program in the trade of Ironworker — Structural and Ornamental, three periods, each consisting of 2,000 hours of apprentice training.

(c) In the case of a program in the trade of Ironworker - Reinforcing Rodworker, two periods, each consisting of 2,000 hours of apprentice training.

(2) Despite subsection (1)(a), the apprenticeship program in the trade of Ironworker – Generalist shall consist of,

(a) one period of 2,000 hours of apprentice training, in the case of program for an apprentice who holds a certificate of qualification in the trade of Ironworker – Structural and Ornamental; and

(b) three periods, each consisting of 2,000 hours of apprentice training, in the case of a program for an apprentice who holds a certificate of qualification in the trade of Reinforcing Rodworker.

(3) Despite subsection (1)(b), the apprenticeship program in the trade Ironworker – Structural and Ornamental for an apprentice who holds a certificate of qualification in the trade of Reinforcing Rodworker shall consist of two periods, each consisting of 2,000 hours of apprentice training.

(4) Despite subsection (1)(c), the apprenticeship program in the trade of Reinforcing Rodworker for an apprentice who holds a certificate of qualification in the trade of Ironworker – Structural and Ornamental shall consist of one period of 2,000 hours of apprentice training.


2. Hours worked by an apprentice in the ironworker trades in excess of his or her regular daily training hours shall be included in computing the apprentice’s hours of related training and work experience.

50

Ratios

3. (1) The number of apprentices who may be employed by an employer in the ironworker trades shall not exceed the number determined in accordance with the following rules:

(a) For the first journeyperson employed by the employer in the ironworker trades, one apprentice.

(b) For every two additional journeypersons employed by the employer in the ironworker trades, add one apprentice.


Apprentice wages, ironworker — generalist

4. (1) Subject to subsections (2) and (3), the rate of wages to be paid by an employer to an apprentice working in the trade of Ironworker — Generalist during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade:

(a) During the first 1,000 hours of apprentice training, 60 per cent.

(b) During the second 1,000 hours of apprentice training, 70 per cent.

(c) During the third 1,000 hours of apprentice training, 75 per cent.

(d) During the fourth 1,000 hours of apprentice training, 80 per cent.

(e) During the fifth 1,000 hours of apprentice training, 85 per cent.

(f) During the last 3,000 hours of apprentice training, 90 per cent.

(2) In the case of an apprentice working in the trade of Ironworker - Generalist who holds a certificate of qualification in the trade of Ironworker — Structural and Ornamental, the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in clause 1 (2) (a) shall not be less than 90 per cent of the average hourly rate of wages for journeypersons employed by the employer in the trade of Ironworker - Generalist.

(3) In the case of an apprentice in the trade of Ironworker - Generalist who holds a certificate of qualification in the trade of Reinforcing Rodworker, the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in section 1 (2) (b) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade of Ironworker - Generalist:


51



(d) During the last 3,000 hours of apprentice training, 90 per cent.

Apprentice wages, ironworker — structural and ornamental

5. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in the trade of Ironworker — Structural and Ornamental during the apprenticeship program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that branch of the trade:






(f) During the last 1,000 hours of apprentice training, 90 per cent.

(2) In the case of an apprentice in the trade of Ironworker – Structural and Ornamental who holds a certificate of qualification in the trade of Reinforcing Rodworker, the rate of wages to be paid by an employer for work performed by the apprentice during the apprenticeship program described in subsection 1 (3) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade of Ironworker – Structural and Ornamental:




(d) During the last 1,000 hours of apprentice training, 90 per cent.

Apprentice wages, reinforcing rodworker

6. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in the trade of Reinforcing Rodworker during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that branch of the trade:

(a) During the first 500 hours of apprentice training, 60 per cent.

(b) During the second 500 hours of apprentice training, 70 per cent.

52

(c) During the next 1,000 hours of apprentice training, 80 per cent.

(d) During the next 1,000 hours of apprentice training, 90 per cent.

(e) During the last 1,000 hours of apprentice training, 95 per cent.

(2) In the case of an apprentice in the trade of Reinforcing Rodworker who holds a certificate of qualification in the trade of Ironworker — Structural and Ornamental, the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in subsection 1(4) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in the trade of Reinforcing Rodworker:






53


PAINTER AND DECORATOR – COMMERCIAL AND RESIDENTIAL; and PAINTER AND DECORATOR - INDUSTRIAL


1. Apprenticeship programs established in accordance with this Regulation for the trades of Painter and Decorator – Commercial and Residential and Painter and Decorator – Industrial (“the painter-decorator trades”) shall consist of not less than 6,000 hours of related training and work experience.

2. (1) For the holder of a certificate of qualification in the trade of Painter and Decorator – Commercial and Residential, the apprenticeship program in the trade of Painter and Decorator – Industrial shall consist of a further 2,000 hours of training and work experience relating to the trade of Painter and Decorator –Industrial.

(2) For the holder of a certificate of qualification in the trade of Painter and Decorator – Industrial, the apprenticeship program in the trade of Painter and Decorator – Commercial and Residential shall consist of a further 2,000 hours of training and work experience relating to Painter and Decorator – Commercial and Residential.

Overtime hours worked by apprentice

3. Hours worked by an apprentice in the painter and decorator trades in excess of his or her regular daily training hours shall be included in computing the apprentice’s hours of on the job training and work experience.

Ratios

4. (1) The number of apprentices who may be employed by an employer in the painter and decorator trades shall not exceed the number set out in Column 2 of the following Table opposite the number of journeypersons, set out in Column 1, employed by the employer:

54

Column 1 Column 2


1 1

2 2

3 2

4 2

5 3

(2) For every three additional journeypersons employed by the employer after the fifth journeyperson, one additional apprentice may be employed.

Apprentice wages

5. (1) The rate of wages for an apprentice in the painter and decorator trades whether for the regular daily hours of the apprentice or for hours in excess of the regular daily training hours of the apprentice shall not be less than,

(a) during the first period of 2,000 hours of related training and work experience, the applicable minimum rate of wages established under the Employment Standards Act;

(b) during the second period of 2,000 hours of related training and work experience, the rate of wages referred to in clause (a) plus 30 per cent; and

(c) during the third period of 2,000 hours of related training and work experience, the rate of wages referred to in clause (a) plus 60 per cent.




55


PLUMBER


1. An apprenticeship program established for the trade of plumber in accordance with this Regulation shall consist of five periods of related training and work experience training of 1,800 hours for each period.

Rate of wages

2. (1) The rate of wages for an apprentice in the trade of plumber whether for regular daily training hours or for hours in excess of regular daily training hours shall not be less than,

(a) 40 per cent during the first period of training and instruction;

(b) 50 per cent during the second period of training and instruction;

(c) 60 per cent during the third period of training and instruction;

(d) 70 per cent during the fourth period of training and instruction; and

(e) 80 per cent during the fifth period of training and instruction,

of the hourly rate of wages or its equivalent for a journeyperson employed by the same employer in the trade of plumber and with whom the apprentice is working.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade of plumber shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every three journeypersons employed by the employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by the employer in the trade and with whom the apprentice is working.

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The wage rates of this regulation are lower than what is included in our collective agreement. While it

is acknowledged that these are minimum wage rates, for those apprentices outside of collective

agreements this low level of pay may act as a disincentive to enter the trade.

57


POWERLINE TECHNICIAN


1. An apprenticeship program for the trade of Powerline Technician established in accordance with this Regulation shall consist of four periods of 2,000 hours.


2. Every hour worked by an apprentice in excess of his or her regular daily training hours shall be included in computing the hours spent in work experience training.

Rate of wages

3. (1) The rate of wages for an apprentice in the trade of Powerline Technician shall be no less than the following percentage of the average rate of wages for journeypersons who are employed by the employer and with whom the apprentice is working:

(a) 40 per cent, during the first of the four periods of apprenticeship referred to in subsection 1.

(b) 50 per cent, during the second of the four periods of apprenticeship referred to in subsection 1.

(c) 60 per cent, during the third of the four periods of apprenticeship referred to in subsection 1.

(d) 70 per cent, during the fourth of the four periods of apprenticeship referred to in subsection 1.

(2) The minimum rate of wages established under subsection (1) shall apply to all of the apprentice’s hours of work, whether for regular daily training hours or for hours of work in excess of the regular daily hours of work.

Ratios

4. (1) The number of apprentices who may be employed by an employer in the trade of Powerline Technician shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for each additional journeyperson employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for each journeyperson employed by that employer in the trade and with whom the apprentice is working.

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59


PRECAST CONCRETE ERECTOR

Rate of wages

1. (1) The rate of wages for an apprentice in the trade of precast concrete erector whether for his or her regular daily hours or for hours in excess of those regular daily hours shall be not less than,







Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of precast concrete erector shall not exceed,



Note: An apprenticeship program established for the trade of precast concrete erector in accordance with existing Ministry of Training, Colleges and Universities policy shall consist of three periods of related training and work experience training of 1,800 hours per period.

60




61


PRECAST CONCRETE FINISHER

Rate of wages

1. (1) The rate of wages for an apprentice in the trade of precast concrete finisher whether for his or her regular daily hours or for hours in excess of those regular daily hours shall be not less than,







Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of precast concrete finisher shall not exceed,



Note: An apprenticeship program established for the trade of precast concrete finisher in accordance with existing Ministry of Training, Colleges and Universities policy shall consist of two periods of related training and work experience training of 2,250 hours per period.


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REFRIGERATION AND AIR CONDITIONING SYSTEMS MECHANIC AND RESIDENTIAL AIR CONDITIONING SYSTEMS MECHANIC


1. (1) An apprenticeship program established in accordance with this Regulation for the trade of refrigeration and air conditioning systems mechanic shall consist of five periods, each of which shall consist of 1800 hours.

(2) An apprenticeship program established in accordance with this Regulation for the trade of a residential air conditioning systems mechanic shall consist of three periods as follows:

(a) Two periods, each of which shall consist of 1800 hours of classes;

(b) One period of 900 hours.

(3) Despite subsection (1), in the case of a person who holds a certificate of qualification as a residential air conditioning systems mechanic and who wishes to complete an apprentice training program to become a refrigeration and air conditioning systems mechanic, the apprenticeship program shall consist of only three periods as follows:

(a) One period of 900 hours.

(b) Two periods, each of which shall consist of 1800 hours of classes.

Rate of wages

2. (1) The rate of wages for an apprentice who is working in an apprenticeship program to become a refrigeration and air conditioning systems mechanic shall be no less than the following percentage of the average rate of wages for journeypersons in the trade and are employed by the employer with whom the apprentice is working:

(a) 40 per cent, during the first of the five periods of apprenticeship referred to in subsection 1(1).

(b) 50 per cent, during the second of the five periods of apprenticeship referred to in subsection 1(1).

(c) 60 per cent, during the third of the five periods of apprenticeship referred to in subsection 1(1).

(d) 70 per cent, during the fourth of the five periods of apprenticeship referred to in subsection 1(1).

(e) 80 per cent, during the fifth of the five periods of apprenticeship referred to in subsection 1(1).

(2) The rate of wages for an apprentice who is working in an apprenticeship program to become a residential air conditioning systems mechanic shall be no less than the following percentage of the

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average rate of wages for journeypersons in the trade and are employed by the employer with whom the apprentice is working:

(a) 40 per cent, during the first of the two periods of apprenticeship referred to in subsection 1(2)(a).

(b) 60 per cent, during the second of the two periods of apprenticeship referred to in subsection 1(2)(a).

(c) 80 per cent, during the period of apprenticeship referred to in subsection 1(2)(b).

(3) Despite subsection (1), if a person holds a certificate of qualification as a residential air conditioning systems mechanic and begins an apprenticeship program described in subsection 1(3), the rate of wages for the person during his or her apprenticeship shall be no less than the following percentage of the average hourly rate of wages for journeypersons in the trade who are employed by the employer with whom the apprentice is working:

(a) 60 per cent, during the period of apprenticeship referred to in subsection 1(3)(a).

(b) 70 per cent, during the first of the two periods of apprenticeship referred to in subsection 1(3)(b).

(c) 80 per cent, during the second of the two periods of apprenticeship referred to in subsection 1(3)(b).

(4) The minimum rate of wages established under subsections (1), (2) and (3) apply to all of the apprentice’s hours of work, whether for regular daily training hours or for hours of work in excess of the regular daily training hours of work.

Ratios

3. (1) If an employer employs no more than seven journeypersons in the trade of refrigeration and air conditioning systems mechanic and residential air conditioning systems mechanic (“air conditioning trades”), the number of apprentices in the air conditioning trades who may be employed by the employer shall not exceed the number set out in Column 2 of the Table to this subsection opposite the number of journeypersons employed by the employer and set out in Column 1 of the Table.

Column 1 Column 2


1 1

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2 1

3 2

4 2

5 3

6 3

7 4

(2) If an employer employs more than seven journeypersons in the air conditioning trades, for every three journeypersons employed after the seventh journeyperson, the employer may employ an additional apprentice.




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RESTORATION MASON

Rate of wages

1. (1) The rate of wages for an apprentice in the trade of restoration mason whether for his or her regular daily training hours or for hours in excess of those regular daily training hours shall be not less than,







Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of restoration mason shall not exceed,



Note: An apprenticeship program established for the trade of restoration mason in accordance with existing Ministry of Training, Colleges and Universities policy shall consist of three periods of related training and work experience training of 2,000 hours per period.

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ROOFER


1. An apprenticeship program established in accordance with this Regulation for the trade of roofer shall consist of not less than 4,000 hours.

Overtime hours worked by apprentices

2. Hours worked by an apprentice in the trade of roofer in excess of his or her regular daily training hours shall be included in computing the apprentice’s hours of on the job training and work experience.

Ratios

3. (1) The number of apprentices who may be employed by an employer shall not exceed,

(a) Where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for each additional three journeypersons employed by the employer in the trade and with whom the apprentice is working;

(b) Where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by the employer in the trade and with whom the apprentice is working.




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SHEET METAL WORKER; and

RESIDENTIAL SHEET METAL INSTALLER


1. (1) An apprenticeship program established for the trades of sheet metal worker and Residential Sheet Metal Installer (“sheet metal trades”) in accordance with this Regulation shall include the following components:

(a) The apprenticeship program for the trade of sheet metal workers shall consist of five periods of apprentice training with each period consisting of 1,800 hours of apprentice training.

(b) The apprenticeship program for trade of residential sheet metal installer shall consist of three periods, with each period consisting of 1,500 hours of apprentice training.

Rate of wages

2. (1) The rate of wages to be paid by an employer to an apprentice working in the trade of Sheet Metal Worker during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that trade:






(2) The rate of wages to be paid by an employer to an apprentice working in the trade of Residential (low rise) Sheet Metal Installer during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that trade:




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Ratios

3. (1) The number of apprentices who may be employed by an employer in the sheet metal trades shall not exceed,






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SPRINKLER AND FIRE PROTECTION INSTALLER


1. An apprenticeship program established for the trade of sprinkler and fire protection installer in accordance with this Regulation shall consist of four periods of related training and work experience training of 1,800 hours per period.

Rate of wages

2. (1) The rate of wages to be paid by an employer to an apprentice in the trade during each period of the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that trade:

(a) During the first period of related training and work experience, 40 per cent.

(b) During the second period of related training and work experience, 60 per cent.

(c) During the third period of related training and work experience, 70 per cent.

(d) During the fourth period of related training and work experience, 80 per cent.

(2) Subsection (1) applies to the determination of rate of wages for regular daily training hours of work of an apprentice as well as for hours of work in excess of regular daily training hours.

(3) If an employer employs an apprentice in the trade but does not employ other journeypersons in the trade, the apprentice’s rate of wages shall be determined in accordance with subsections (1) and (2). However, any reference in those subsections to the average hourly rate of wages for journeypersons employed by the employer in the trade shall be deemed to be a reference to the average hourly rate of wages paid to journeypersons employed in the trade in the locality in which the apprentice is employed.

Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade shall not exceed the number of journeypersons employed by the employer in the trade.

(2) If an employer is a journeyperson, he or she shall be included in the number of journeypersons employed by the employer for the purposes of determining the number of apprentices who may be employed by the employer under subsection (1).


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STEAMFITTER


1. An apprenticeship program established for the trade of steamfitter in accordance with this Regulation shall consist of five periods of related training and work experience training of 1,800 hours for each period.

Rate of wages

2. (1) The rate of wages for an apprentice in the trade whether for regular daily training hours or for hours in excess of regular daily hours shall not be less than,

(a) 40 per cent during the first period of training and instruction;

(b) 50 per cent during the second period of training and instruction;

(c) 60 per cent during the third period of training and instruction;

(d) 70 per cent during the fourth period of training and instruction; and

(e) 80 per cent during the fifth period of training and instruction,


Ratios

3. (1) The number of apprentices who may be employed by an employer in the trade shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every three journeypersons employed by the employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by the employer in the trade and with whom the apprentice is working.

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The wage rates of this regulation are lower than what is included in our collective agreement. While it

is acknowledged that these are minimum wage rates, for those apprentices outside of collective

agreements this low level of pay may act as a disincentive to enter the trade.

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TERRAZZO, TILE AND MARBLE SETTER

Rate of wages

1. (1) The rate of wages for an apprentice in the trade of terrazzo, tile and marble setter whether for his or her regular daily hours or for hours in excess of those regular daily hours shall be not less than,







Ratios

2. (1) The number of apprentices who may be employed by an employer in the trade of terrazzo, tile and marble setter shall not exceed,



Note: An apprenticeship program established for the trade of terrazzo, tile and marble setter in accordance with existing Ministry of Training, Colleges and Universities policy shall consist of four periods of related training and work experience training of 1,400 hours per period.

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General Response and Comments:

Please provide additional comments below, if any:


None at this time.

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We thank you for your feedback on the proposed Board Regulations

Please submit this form:

1. As an attachment to an email to: [email protected]

OR

2. By postal mail to:

Attn: Regulation Consultation, Ontario College of Trades

655 Bay Street, Suite 600

Toronto, ON M5G 2K4

OR

3. By fax to: 1-866-398-0368

If you have any questions or experience any technical difficulties, please contact us at

[email protected] or call 647-847-3000 or toll free at 1-855-299-0028.



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What happens next?

An email will be sent to all stakeholders in OCOT's database when the official regulations are posted to

Ontario's e-Laws (www.e-laws.gov.on.ca) and OCOT's (www.collegeoftrades.ca) websites. If you would

like to be added to OCOT's database, please contact [email protected] with your request to

receive email updates. It is anticipated that these regulations will be finalized and posted to e-Laws in

the winter of 2012-2013.

http://www.e-laws.gov.on.ca/

http://www.collegeoftrades.ca/
