Proposed Regulations under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA): Part 2
O.Reg. 877/21 – General
O.Reg. 874/21 – Hearings
O.Reg. 875/21 – Scopes of Practice
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):
Hearings - the employee of the Corporation known as the Coordinator of Assessments and Hearings is prescribed as the person who shall conduct hearings under sections 12, 15 and 19 of the Act. Hearings shall be conducted in writing unless there is good reason for not doing so that satisfies the Coordinator of Assessments and Hearings. Hearings shall be conducted in accordance with the Statutory Powers Procedure Act.
Scopes of Practice - scopes of practices for the 144 prescribed trades have been maintained under BOSTA from what was included under the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA).
The General Regulation includes:
• Recognizing registered training agreements (RTAs) issued under OCTAA as equivalent under BOSTA.
• Maintaining the current minimum age exemptions for RTAs.
• Prescribing academic standards for RTAs, including:
o Prescribing the minimum academic standard
o Continuing to exempt certain trades from the minimum academic standard for RTAs, and prescribe an alternate standard
o Prescribing a Grade 10 minimum academic standard for the trades of Brick and Stone Mason, Drywall Finisher and Plasterer, and Hazardous Materials Worker trade.
Analysis of Regulatory Impact:
MLTSD is proposing to maintain key system features of OCTAA for the purposes of business continuity and ensuring no service delivery disruptions to journeypersons, apprentices and others in the skilled trades and apprenticeship system.
Key features of OCTAA that will be continued unchanged under BOSTA include scopes of practice, the recognition of RTAs, minimum age requirements and the prescribed academic standard of Grade 12 or equivalent.
Therefore, there are no new or incremental direct compliance costs associated with these proposed new regulatory requirements.
No new direct compliance costs or benefits for regulated entities.
October 21, 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 included in the second tranche of regulations that are being considered for development under BOSTA. The first tranche of regulations was posted on the Ontario Regulatory Registry on October 1, 2021, with feedback due to be received by October 21, 2021. An additional posting will follow for the balance of the regulations.
At this time, MLTSD is consulting on regulations to ensure there are no service delivery disruptions as the College is wound down. This consultation paper includes discussions related to proposed regulatory provisions that will ensure system continuity. This includes regulatory provisions that will:
1. Provide for a transitional hearings body/person under BOSTA;
2. Maintain the existing scopes of practice for all 144 prescribed trades;
3. Recognize registered training agreements (RTAs) issued under OCTAA as equivalent under BOSTA;
4. Maintain the current minimum age exemptions for RTAs;
5. Prescribe the minimum academic standard for RTAs;
6. Continue to exempt certain trades from the minimum academic standard for RTAs, and prescribe an alternate standard; and
7. Prescribe a Grade 10 minimum academic standard for the trades of Brick and Stone Mason, Drywall Finisher and Plasterer, and Hazardous Materials Worker.
Workforce Policy and Innovation Division
Ministry of Labour, Training and Skills Development
17th Floor, 315 Front St W
January 1, 2022