Schedule 40 of Bill 100, the government’s budget bill, proposes a new statute, the Modernizing the Skilled Trades and Apprenticeship Act, 2019 (MSTAA).  If passed, MTSAA will replace the Ontario College of Trades and Apprenticeship Act, 2009.  The MTSAA is framework legislation for the new skilled trades and apprenticeship system.  It will be fleshed out through regulations.  Here are some of the important features of the MTSAA:

  • MSTAA gives significant power to the Minister and also to the “Registrar”, a new position within the Ontario Public Service
  • The MSTAA introduces the concept of “skill sets” which will be prescribed by regulation
  • Trades will also be prescribed by regulation
  • Both skill sets and trades will be made up of “activities” and the activities of a skill set or trade will be defined by Ministerial policy
  • “Restricted activities”, which will be defined by regulation, will replace compulsory trades; restricted activities may be included in a trade or skill set by regulation; a restricted activity can be included in one or more skill sets or trades
  • Journeyperson to apprentice ratios may be prescribed for skill sets and trades and they may be 1:1 or other than 1:1
  • The Registrar will establish an apprenticeship program for each trade and skill set
  • The Minister will have the authority to approve in-class training providers
  • The Registrar will be responsible for administering the MSTAA and the duties of the role are specified
  • The Registrar has the authority to appoint inspectors who may inspect or investigate
  • The Registrar and inspectors have the authority to issue compliance orders, notices of contravention and administrative monetary penalties
  • There are no boards and committees proposed under the MSTAA but the Minister has the power to strike committees to advise him/her or the Registrar
  • Cabinet will have the authority to delegate some of the Registrar’s functions to an “administrative authority” through an “administrative agreement”
  • The transition from the OCoT model to this new model is complex and the MSTAA proposes many transitional provisions