Proposed Regulations under the Building Opportunities in the Skilled Trades Act, 2021 (BOSTA): Part 3
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Building Opportunities in the Skilled Trades Act, 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.
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.
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.
MLTSD is not forecasting new or direct compliance costs associated with these proposed new regulatory requirements.
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.
MLTSD is not forecasting new or direct compliance costs associated with these proposed new regulatory requirements.
Further Information:
CONSULTATION PAPER
Building Opportunities in the Skilled Trades Act, 2021Ontario College of Trades and Apprenticeship Act, 2009 Ontario Regulation 421/12 GeneralProposal Number:
21-MLTSD 029
Posting Date:
November 17, 2021
Comments Due Date:
November 29, 2021
Contact Address:
Apprenticeship Branch
Workforce Policy and Innovation Division
Ministry of Labour, Training and Skills Development
17th Floor, 315 Front St W
Toronto, ON
M7A 0B8
Workforce Policy and Innovation Division
Ministry of Labour, Training and Skills Development
17th Floor, 315 Front St W
Toronto, ON
M7A 0B8
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