Compliance and Enforcement
Bill 70 amendments
In December 2016, the Ontario Legislature passed Bill 70, which included amendments to the Ontario College of Trades and Apprenticeship Act, 2009.
Bill 70 introduced multiple enforcement-related changes and requirements, including establishing a new Compliance and Enforcement Committee, creating a new Compliance and Enforcement Policy, and establishing a new administrative penalty system.
Compliance and Enforcement Policy
Bill 70 required the College to establish a nine-member Compliance and Enforcement Committee to advise the College’s Board of Governors on compliance and enforcement issues and develop a Compliance and Enforcement Policy.
The Compliance and Enforcement Policy was the result of a process informed by broad-based consultations across Ontario with a wide cross-section of stakeholders from both voluntary and compulsory trades in the construction, industrial, motive power, and services sectors. The Policy is aimed at enhancing safety and protecting the public, and workers through the use of strategic enforcement in areas that present the highest demonstrable Risk of Harm.
The College’s Board of Governors approved the Compliance and Enforcement Policy, and it was publically posted on May 18, 2017.
To read the Compliance and Enforcement Policy, click here.
New Administrative Penalty System
Bill 70 required that notices of contravention imposing administrative penalties replace tickets under Part I of the Provincial Offences Act effective June 6, 2017.
College inspectors may issue a notice of contravention if they believe that a person has contravened section 2 or 4 of the Ontario College of Trades and Apprenticeship Act, 2009.
Notices of contravention are reviewable by the Ontario Labour Relations Board on the request of the person who received the notice of contravention.
The College is operationalizing a new Compliance and Enforcement Policy. Operational policies and procedures are being updated to be consistent with the goal of embedding a more rigorous evidence based approach into our compliance and enforcement activity, including a comprehensive risk of harm and consumer protection analyses. New guidance and tools will support the work of inspectors to ensure a targeted, consistent, proportionate and transparent approach that leads to fair and equitable outcomes.
The Compliance and Enforcement Policy will be reviewed periodically, using best available data and considering stakeholder perspectives, to ensure that the College’s public interest mandate is being met.
Enforcement Statistics for the month of January 2018
Notices of Contravention: 15
Complaint Calls Received: 152
Field Inspections Completed: 919