Proposed Regulations under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA)
O.Reg. 877/21 – General
O.Reg. 872/21 – Administrative Penalties and Compliance Orders
O.Reg. 873/21 – Definition of Journeyperson
O.Reg. 876/21 – Prescribed Trades and Related Matters
Regulation - LGIC
Bill or Act:
Building Opportunities in the Skilled Trades Act, 2021
Summary of Decision:
On January 1, 2022, the following regulations came into effect under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA):
Definition of a Journeyperson - an individual who holds a Certificate of Qualification (CofQ) or an individual who practices as a journeyperson in a trade that is not prescribed as compulsory and who does not hold a CofQ in that trade.
Administrative Penalties and Compliance Orders - required contents of compliance orders, requirements for submitting notice of compliance, and framework for administrative penalties under sections 6 and 7 of the Act.
Prescribed Trades and Related Matters includes the prescription of 144 trades; classification of 23 compulsory trades; prescription of 33 trades subject to ratios; 83 trades subject to CofQ examinations.
The General Regulation:
• Establishes a prescribed compliance and enforcement framework.
• Maintains publication of Notices of Contravention and establishes parameters under
which they may be published.
• Deems certain certificates and statements issued under the Ontario College of Trades
and Apprenticeship Act, 2009 as certificates under BOSTA.
• Prescribes a one-year term of a CofQ in a compulsory trade
• Prescribes the parameters for the extension of a provisional CofQ term.
• Prescribes valid forms of proof for the purposes of compulsory trade certification
enforcement and apprenticeship status verification.
Analysis of Regulatory Impact:
The proposed regulations under BOSTA will maintain key provisions from previous skilled trades and apprenticeship legislation, namely the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA).
These provisions will be developed into regulations under BOSTA, to support business continuity and ensure there are no service delivery disruptions to those in the system. As there are no material changes, MLTSD does not anticipate costs or other impacts related to the introduction of these regulations.
BOSTA does not contemplate a membership model similar to the current existing model under the Ontario College of Trades. Financial modelling has not indicated any impacts on revenue from the loss of membership fees as a result of the proposed deeming approach.
No new direct compliance costs or benefits for regulated entities.
October 1, 2021
Summary of Proposal:
The Ontario government is committed to modernizing the skilled trades and apprenticeship system by breaking the stigma surrounding the trades, simplifying the system, and encouraging employer participation in apprenticeships.
To support these goals, Ontario introduced new legislation in the Ontario Legislature in May 2021, to transform the system and make it easier to access and navigate. The Building Opportunities in the Skilled Trades Act, 2021 (BOSTA) received Royal Assent on June 3, 2021 and is anticipated to be proclaimed and come into force on January 1, 2022.
Once proclaimed, BOSTA will replace existing skilled trades and apprenticeship legislation, the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) and the Modernizing the Skilled Trades and Apprenticeship Act, 2019 (MSTAA).
These proposed regulations are part of a first tranche that are being considered for development under BOSTA. Additional postings will follow for the balance of the regulations.
This proposal is designed to support the proclamation of BOSTA and minimize any service delivery disruptions. The proposal also includes regulations regarding system continuity, and ones related to a robust Compliance and Enforcement framework.
MLTSD is proposing to develop regulations to:
1. Maintain the existing 144 skilled trades;
2. Maintain the current list of 23 skilled trades prescribed as compulsory;
3. Maintain the current 33 skilled trades that are subject to apprentice to journeyperson ratios;
4. Prescribe the 83 skilled trades that are subject to Certificate of Qualification examinations;
5. Recognize as equivalent certain memberships, certificates and statements issued under OCTAA as certificates under BOSTA;
6. Define the term 'journeyperson' for the purposes of BOSTA;
7. Prescribe the term of a Certificate of Qualification in a compulsory trade as one year for the transition period of January 1, 2022 to December 31, 2022;
8. Prescribe the parameters for the extension of a Provisional Certificate of Qualification term, at the discretion of the Registrar;
9. Prescribe valid forms of proof for the purposes of compulsory trade certification enforcement and apprenticeship status verification;
10. Establish a prescribed compliance and enforcement framework;
11. Establish regulatory requirements setting out mandatory contents of compliance orders and other related administrative matters;
12. Maintain the existing framework around Administrative Penalties; and
13. Maintain publication of Notices of Contravention and establish parameters under which Notices of Contraventions may be published.
Workforce Policy and Innovation Division
Ministry of Labour, Training and Skills Development
17th Floor, 315 Front St W
January 1, 2022