Proposed Regulations under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA): Part 3
O.Reg. 877/21 – General
Regulation - Minister
Bill or Act:
Building Opportunities in the Skilled Trades Act, 2021
Summary of Decision:
On January 1, 2022, the General regulation came into effect under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA), which includes the following provisions:
• Prescribes circumstances where an individual who does not hold a Certificate of Qualification (CofQ), provisional Certificate of Qualification (pCofQ), or Registered Training Agreement may practice, be employed or engaged to practice in a compulsory trade.
• Provides an exemption for Barbers from paying application fees for a CofQ in the Hairstylist trade.
• Ensures that individuals who were issued non-compulsory CofQs under previous legislation are subject to the same requirements as all other CofQ holders, but also that non-compulsory CofQs issued under previous legislation will not expire, which aligns these non-compulsory CofQs with any non-compulsory CofQs issued under the BOSTA.
• Sets out who is an apprentice or journeyperson for the purposes of ratios, and excludes Ontario Youth Apprenticeship Program (OYAP), pre-apprenticeship participants from being counted in ratios.
• Ensures that all outstanding terms, conditions and limitations issued on certificates of qualification under the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) continue to apply under BOSTA.
• Addresses any outstanding matters of the former Complaints, Discipline, or Fitness to Practise committees of the Ontario College of Trades, and any outstanding administrative penalties issued under OCTAA.
Analysis of Regulatory Impact:
MLTSD is proposing to maintain key system features of OCTAA for the purposes of business continuity and to minimize service delivery disruptions to journeypersons, apprentices and others in the skilled trades and apprenticeship system.
Key features of OCTAA that would be unchanged under BOSTA include the continuation of permissions and the continuation of current terms, conditions and limitations and outstanding College matters.
MLTSD is proposing two key policy changes:
• Individuals who hold a pCofQ in non-compulsory trades would now be considered apprentices for the purposes of ratios. This could benefit the system by incenting individuals to challenge their exams, which could increase the number of individuals who achieve their CofQ in the 83 trades with prescribed examinations, thereby increasing completion rates.
• All individuals who hold a CofQ under BOSTA would be subject the same requirements, including certificate suspensions, revocations, terms, conditions and limitations, as well as the requirement to carry proof of certification.
MLTSD is working to mitigate any impacts to operational service delivery. These initiatives are not anticipated to increase operational or service delivery costs.
No new direct compliance costs or benefits for regulated entities.
MLTSD is not forecasting new or direct compliance costs associated with these proposed new regulatory requirements.
November 17, 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 third tranche of regulations that are being considered for development under BOSTA. The first and second tranches of regulations were posted on the Ontario Regulatory Registry on October 1 and 21, 2021.
At this time, MLTSD is consulting on regulations to minimize service delivery disruptions as the Ontario College of Trades (College) is transitioned. This consultation paper includes discussions related to proposed regulatory provisions that will ensure system continuity.
Proposed regulatory provisions under BOSTA include those related to continued regulatory permissions, transitioning terms, conditions and limitations, outstanding College proceedings, and ratio participation.
Workforce Policy and Innovation Division
Ministry of Labour, Training and Skills Development
17th Floor, 315 Front St W
January 1, 2022