Wednesday, June 7, 2017

Ontario College of Trades Compliance and Enforcement Changes

Notice to CLAC members, stewards, local board members, and representatives

June 7, 2017—CLAC has participated in various Ontario College of Trades (OCOT) consultations as the college has been developed. The latest development is the creation of a Compliance and Enforcement Policy by the Compliance and Enforcement Committee. Creation of this policy is required by statute.

The themes that emerged in consultations, and which became the focus of the policy, include the underground economy, ratios, the public interest, and vulnerable workers.

We recommend that CLAC members in the trades review this policy. While it has positive points, we have several concerns as well, which we will address with the college in the next policy review.

In order for us to critique the policy, we need hard evidence. This means we need to hear from CLAC members on site. Where compliance enforcement is going well, we want to hear about it. Where it needs improvement, we need to know what is going wrong so we can show the college why and how it doesn’t work, and provide recommendations for improvement.

CLAC OBSERVATIONS

The policy equips inspectors with an extremely broad scope of authority. The list of indirect harms that they are to protect against includes the fair functioning of the marketplace, the economy, and the trade system as a whole—without properly defining these terms.

OCOT’s discretion to recognize past practice is also alarming. Some long-standing labour agreements are based on the craft model and do not consider how wall-to-wall unions, like CLAC, fit in. These practices and precedents, historically set by tribunals such as the Ontario Labour Relations Board, could determine the outcome of scope-of-practice disputes amongst tradespeople. This is an area where CLAC has advised much caution; we are not confident that such practice will serve the construction community well, as case law may favour traditional craft unions, rather than the wall-to-wall model.

WE NEED YOUR HELP

CLAC members on site are asked to pay attention to how inspectors enforce college rules and the enforcement policy. We ask you to relay stories to your CLAC representatives regarding

where OCOT policy might threaten wall-to-wall construction and multiskilling;
where enforcement creates ridiculous outcomes that are contrary to the good purposes of the college
any other unintended outcome of the new policy;
whether the policy is making improvements in its focus areas (underground economy, ratios, vulnerable workers, and public interest); and
positive outcomes of the policy.

CLAC will monitor how the new policy is working and prepare to challenge its weaknesses and praise its strengths when a review is ordered.

GOVERNMENT RELATONS ACTIVITY

CLAC has sent a letter to the government outlining our concerns and the areas we are monitoring for future review.

Besides this matter, CLAC is also providing feedback to the government about improving apprenticeships, implementing municipal and provincial fair wage policies, lobbying for fair and open tendering in Sault Ste. Marie, and more. If you have any questions, please contact your CLAC representative.

Sincerely,

Andrew Regnerus,

Ontario Construction Coordinator

Ontario College of Trades Compliance and Enforcement Changes

CLAC OBSERVATIONS

WE NEED YOUR HELP

GOVERNMENT RELATONS ACTIVITY

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