63.6 (1) Once a trade has been referred to the Classification Roster under section 63.4 or 63.5, the associate chair of the Classification Roster shall appoint a classification panel composed of five members in accordance with the following: 1.  Three appointees shall be members described in paragraph 1 of subsection 63.2 (1). One such appointee who has adjudication expertise or experience shall be appointed as the chair of the panel. 2.  One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employer representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs. 3.  One appointee shall be a member described in paragraph 2 of subsection 63.2 (1) who is an employee representative. The appointee shall not be affiliated with the specific trade to which the matter relates but shall, unless it is impracticable, be affiliated with the particular sector described in section 18 to which the trade belongs. 2016, c. 37, Sched. 17, s. 16. Same (2) The associate chair of the Classification Roster may not be a member of a classification panel and may not appoint a member to a classification panel who, in the associate chair’s opinion, could have a real or perceived interest in the determination of the classification panel. 2018, c. 14, Sched. 3, s. 8. Determinations (3) The classification panel shall determine the following matters, as applicable: 1.  Whether a trade referred to it under section 63.4 should be classified as a voluntary trade or a compulsory trade. 2.  Whether a compulsory trade referred to it under section 63.5 should be reclassified as a voluntary trade, or vice versa. 3.  Whether or not engaging in any practices within the scope of practice of a compulsory trade, whether or not the practice was referred to the classification panel, should constitute engaging in the practice of the trade for the purposes of sections 2 and 4. 2016, c. 37, Sched. 17, s. 16. Application of subss. (5) to (9); determination — change (4) Subsections (5) to (9) apply when the classification panel determines under subsection (3) that, (a)  a trade should be classified as a voluntary trade or a compulsory trade; (b)  a compulsory trade should be reclassified as a voluntary trade, or vice versa; (c)  one or more practices within the scope of practice of a compulsory trade should constitute engaging in the practice of the trade for the purposes of sections 2 and 4 and these practices are not currently prescribed as such by a Minister’s regulation referred to in subsection (9); or (d)  one or more practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9), and should no longer be considered as such. 2016, c. 37, Sched. 17, s. 16. Effective date (5) The classification panel shall recommend an effective date for the panel’s determination, which is the date on which it recommends that its determination under subsection (3) should take effect, and the Minister may accept this date or set out a different date in a regulation referred to in subsection (9). 2016, c. 37, Sched. 17, s. 16. Period of repose and transitional issues (6) The classification panel shall also, (a)  determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the effective date of the panel’s determination of the matter, as set out in a Minister’s regulation, before which the Board may refer the matter again to the Classification Roster; and (b)  determine any transitional issues related to a determination under subsection (3) that are prescribed by a Minister’s regulation. 2016, c. 37, Sched. 17, s. 16. Implementation period (7) In addition to the restriction on referral during any period of repose under clause (6) (a), the Board shall not refer the matter determined by the classification panel again to the Classification Roster during the period between the date of the panel’s determination and the effective date set out in a Minister’s regulation. 2016, c. 37, Sched. 17, s. 16. Report (8) The classification panel shall report to the Minister on its determinations under subsections (3) and (6) and on its recommendation under subsection (5). 2016, c. 37, Sched. 17, s. 16. Minister’s regulation (9) After the Minister receives the report from the classification panel, the Minister shall make a regulation, (a)  implementing the panel’s determinations under subsection (3), the panel’s determination of a period of repose under clause (6) (a), if any, and the panel’s determination of transitional issues under clause (6) (b), if any; and (b)  setting out the effective date for any determination under subsection (3). 2016, c. 37, Sched. 17, s. 16. Application of subss. (11) to (13); determination — no change (10) Subsections (11) to (13) apply when the classification panel determines under subsection (3) that, (a)  a compulsory trade should not be reclassified as a voluntary trade, or vice versa; or (b)  no change is needed to the current determination of which practices within the scope of practice of a compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4, as prescribed by a Minister’s regulation referred to in subsection (9). 2016, c. 37, Sched. 17, s. 16. Period of repose (11) The classification panel shall also determine whether there should be a period of repose of up to four years, which shall be the minimum period of time that must elapse following the date of the panel’s determination of the matter before which the Board may refer the matter again to the Classification Roster. 2016, c. 37, Sched. 17, s. 16. Report (12) The classification panel shall report to the Minister on its determinations under subsections (3) and (11). 2016, c. 37, Sched. 17, s. 16. Minister’s regulation (13) After the Minister receives the report from the classification panel, the Minister shall, if the panel determines that there should be a period of repose under subsection (11), make a regulation implementing that determination. 2016, c. 37, Sched. 17, s. 16. Minister’s regulation re criteria and process (14) The classification panel may not begin making any determinations under subsection (3) until a Minister’s regulation has been made prescribing the criteria and the process to be used by classification panels in making such determinations. 2016, c. 37, Sched. 17, s. 16. Risk of harm (15) In addition to considering any criteria prescribed under subsection (14), a classification panel making a determination under subsection (3) shall consider whether there is a risk of harm to the individual performing the work or engaging in the practice of the trade, to other workers or to the public. 2016, c. 37, Sched. 17, s. 16. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 16 - 23/04/2018 2018, c. 14, Sched. 3, s. 8 - 21/11/2018 Part XII   Apprenticeship