Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA) - Deeming Periods for Membership in the Ontario College of Trades
Regulation - Minister
Bill or Act:
Ontario College of Trades and Apprenticeship Act, 2009
Summary of Decision:
One Minister Regulation has been filed on December 17, 2012:
O. Reg 421/12 General Minister's Regulation under OCTAA
The deeming provision under this Minister's Regulation (General) (O. Reg 421/12) sets out the period of time that journeypersons will be deemed to hold Certificates of Qualifications during the transition period of the College's implementation. Certificates of existing journeypersons in compulsory trades expire on the month and day of certificate issuance. However the minimum deeming period will be 60 days. Certificates that are valid on or before April 8, 2013 would be deemed for 60 days which would allow certificate holders to work legally with a valid certificate of qualification (for compulsory trades only). This regulation also allows the College to deem other classes of members such as provisional certificate holders, letter of permission holders, and Certificate of Apprenticeship holders immediately after the College opens its doors on April 8, 2013.
October 15, 2012
Summary of Proposal:
The Ministry of Training, Colleges and Universities is currently responsible for issuing Certificates of Qualification (C of Q) under the Apprenticeship and Certification Act, 1998 (ACA) and the Trades Qualification and Apprenticeship Act (TQAA).
The Ontario College of Trades (the College) established under the Ontario College of Trades and Apprenticeship Act, 2009 (OCTAA), is being phased in and full implementation of the College is anticipated for 2013. At that time, the College will assume responsibility for issuing and renewing C of Qs to journeypersons and Statements of Membership to other types of members such as apprentices.
Subsection 89(2) of the OCTAA provides a two-year deeming period whereby holders of a valid C of Q that has been issued under the ACA or the TQAA would be deemed to have a C of Q issued under the OCTAA and be a member of the College. Subsection 90(3) provides a one year deeming period for apprentices who will also be members of the College.
The College has asked that a regulation be made to change the deeming period for individuals holding a C of Q (C of Q holders are also commonly referred to as journeypersons) from two years to one year. The deeming period for apprentices would remain unchanged, at one year.
In addition, it is proposed that the regulation include transitional deeming provisions for other groups including holders of a valid provisional certificate of qualification, valid letter of permission and holders of a Certificate of Apprenticeship in a TQAA trade.
Strategic Policy and Programs Division
Ministry of Training, Colleges & Universities
900 Bay St. 23rd Floor
Toronto, ON M7A 1L2
Attention: Mary Yu
April 8, 2013