jswizzle3737/ontario_laws_and_regs huggingface dataset:
58 (1) An investigator or inspector may copy, at the College’s expense, a document, record or thing that he or she may examine under section 53 or 54, as the case may be, or under the authority of a warrant issued under section 55 or 56, as the case may be.  2009, c. 22, s. 58 (1). Removal of documents and objects (2) An investigator or inspector may remove a document, record or thing described in subsection (1) if he or she gives a receipt for the document, record or thing and if, (a)  it is not practicable to copy it in the place where it is examined; or (b)  a copy of it is not sufficient for the purposes of the investigation or inspection.  2009, c. 22, s. 58 (2). Use of devices (3) In order to examine or produce a document or record in readable form, an investigator or inspector may use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place in which he or she is conducting the investigation or inspection.  2009, c. 22, s. 58 (3). Return of documents and objects or copies (4) If it is practicable to copy a document, record or thing removed under subsection (2), the investigator or inspector shall, (a)  if it was removed under clause (2) (a), return the document, record or thing within a reasonable time; or (b)  if it was removed under clause (2) (b), provide the person who was in possession of the document, record or thing with a copy of it within a reasonable time.  2009, c. 22, s. 58 (4). Copy as evidence (5) A copy of a document, record or thing certified by an investigator or inspector to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document, record or thing itself.  2009, c. 22, s. 58 (5).
59 The Registrar shall report the results of an investigation under section 53 to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate.  2009, c. 22, s. 59. PART VIII.1   Administrative Penalties
59.3 (1) If a person who is required to pay an administrative penalty fails to pay it within the time required under subsection 59.1 (7) or 59.2 (14), the notice of contravention or the Ontario Labour Relations Board’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. 2016, c. 37, Sched. 17, s. 11. Same (2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) of this section and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017
59.4 An administrative penalty imposed under subsection 59.1 (1) or 59.2 (11) that is not paid within the time required under subsection 59.1 (7) or 59.2 (14) is a debt due to the Crown and enforceable as such. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017
59.5 (1) The Minister may authorize any person to act as a collector for the purposes of this section and sections 59.6 and 59.7 and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing under this Act. 2016, c. 37, Sched. 17, s. 11. Costs of collection (2) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act. 2016, c. 37, Sched. 17, s. 11. Same (3) The Minister may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection. 2016, c. 37, Sched. 17, s. 11. Exception re disbursements (4) The Minister shall not authorize a collector who is required to be registered under the Collection and Debt Settlement Services Act to collect disbursements. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017
59.6 (1) A collector may exercise any of the powers specified in an authorization of the Minister under section 59.5. 2016, c. 37, Sched. 17, s. 11. Fees and disbursements part of order (2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 59.5 (2) shall be deemed to be owing under and shall be deemed to be added to the amount of the penalty set out in the notice of contravention. 2016, c. 37, Sched. 17, s. 11. Distribution of money collected (3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017
59.7 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister. 2016, c. 37, Sched. 17, s. 11. Payment (2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 59.6 (3). 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017
59.8 The College shall publish particulars of a notice of contravention issued under subsection 59.1 (1) in accordance with a Minister’s regulation. 2016, c. 37, Sched. 17, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 11 - 06/06/2017 Part IX   RATIOS
60 (1) If a trade has been prescribed by a Minister’s regulation as being subject to a journeyperson to apprentice ratio, the number of apprentices who may be sponsored or employed by a person in the trade in relation to the number of journeypersons employed or otherwise engaged by the person in the trade shall not exceed one apprentice for each journeyperson. 2018, c. 14, Sched. 3, s. 6. Statement of membership (2) A member who holds a statement of membership for a compulsory trade in the journeyperson candidates class that is not suspended is deemed to be an apprentice for the purpose of a journeyperson to apprentice ratio for the trade. 2018, c. 14, Sched. 3, s. 6. Extended definition (3) For the purposes of subsection (1), “journeyperson” includes an individual who practices as a journeyperson in a voluntary trade but who does not hold a certificate of qualification in that trade. 2018, c. 14, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 6 - 21/11/2018 61 Repealed: 2016, c. 37, Sched. 17, s. 13. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 13 - 08/12/2016 PART X   Confidentiality
62 (1) An individual engaged by the College in the administration of this Act, including an individual authorized by the Registrar to act as an investigator or as an inspector for the purposes of Part VIII, shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to anyone except, (a)  as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws; (b)  to his or her counsel; (c)  with the consent of the person to whom the information relates; (d)  to a peace officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (e)  to the extent that the information is available to the public under this Act; or (f)  as otherwise required by law.  2009, c. 22, s. 62 (1). Definition (2) In clause (1) (d), “law enforcement proceeding” means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.  2009, c. 22, s. 62 (2). No requirement (3) Nothing in clause (1) (d) shall require an individual described in subsection (1) to disclose information to a peace officer unless the information is required to be produced under a warrant.  2009, c. 22, s. 62 (3). Persons not compellable (4) No one to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of their duties.  2009, c. 22, s. 62 (4). Documents not admissible (5) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act.  2009, c. 22, s. 62 (5). Disclosure (6) The Registrar may disclose personal information collected for the purposes of this Act or a predecessor of this Act and that is under the control of the College, (a)  to any person employed in the administration of similar legislation in another province or territory of Canada; or (b)  to any person if, in the opinion of the Registrar, the disclosure or communication would clearly benefit the individual who is the subject of the information.  2009, c. 22, s. 62 (6). Part XI   Appointments Council and Classification ROSTER
63 (1) The College of Trades Appointments Council is continued under the name College of Trades Appointments Council and Classification Roster in English and Conseil des nominations et Registre du classement de l’Ordre des métiers in French. 2016, c. 37, Sched. 17, s. 14 (1). (2) Repealed: 2016, c. 37, Sched. 17, s. 14 (2). Same (3) The Appointments Council and Classification Roster shall be composed of a chair appointed by the Lieutenant Governor in Council and the following two branches of the Appointments Council and Classification Roster: 1.  The Appointments Council described in section 63.1. 2.  The Classification Roster described in section 63.2. 2016, c. 37, Sched. 17, s. 14 (1). Chair (4) The chair of the Appointments Council and Classification Roster shall be responsible for the administration of the Appointments Council and Classification Roster. 2016, c. 37, Sched. 17, s. 14 (1). Term of office (5) The term of office of the chair shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years. 2016, c. 37, Sched. 17, s. 14 (1). Multiple terms (6) The chair may serve for more than one term. 2016, c. 37, Sched. 17, s. 14 (1). Same (7) The chair may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council and Classification Roster. 2016, c. 37, Sched. 17, s. 14 (1). Remuneration (8) The chair shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council. 2016, c. 37, Sched. 17, s. 14 (1). Memorandum of understanding (9) The Appointments Council and Classification Roster shall perform its functions under this Act in accordance with a memorandum of understanding to be entered into between the chair, on behalf of the Appointments Council and Classification Roster, and the Minister. 2016, c. 37, Sched. 17, s. 14 (1). Administrative support (10) The Minister shall provide the Appointments Council and Classification Roster with such administrative support as the Minister considers necessary for the purposes of the Appointments Council and Classification Roster. 2016, c. 37, Sched. 17, s. 14 (1). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 14 (1) - 08/12/2016; 2016, c. 37, Sched. 17, s. 14 (2) - 08/12/2019 Appointments Council
63.1 (1) The Appointments Council shall be composed of an associate chair and eight other members appointed by the Lieutenant Governor in Council. 2016, c. 37, Sched. 17, s. 14 (1). Term of office (2) The term of office of a member of the Appointments Council shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years. 2016, c. 37, Sched. 17, s. 14 (1). Multiple terms (3) A member of the Appointments Council may serve for more than one term. 2016, c. 37, Sched. 17, s. 14 (1). Same (4) A member of the Appointments Council may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Appointments Council. 2016, c. 37, Sched. 17, s. 14 (1). Appointment to governing structure (5) The following are not eligible to be appointed to the governing structure of the College: 1.  A member of the Appointments Council. 2.  A former member of the Appointments Council, unless at least one year has elapsed since he or she was a member of the Appointments Council. 3.  Repealed: 2016, c. 37, Sched. 17, s. 14 (3). 2016, c. 37, Sched. 17, s. 14 (1, 3). Remuneration (6) The associate chair and other members of the Appointments Council shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council. 2016, c. 37, Sched. 17, s. 14 (1). Quorum (7) Five members of the Appointments Council constitute a quorum. 2016, c. 37, Sched. 17, s. 14 (1). Vacancies in Appointments Council (8) If one or more vacancies occur in the membership of the Appointments Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by subsection (7). 2016, c. 37, Sched. 17, s. 14 (1). Duties (9) The Appointments Council shall perform the duties set out in subsection (10) and such other duties as may be assigned to it by the Lieutenant Governor in Council. 2016, c. 37, Sched. 17, s. 14 (1). Duty to make appointments (10) The Appointments Council shall appoint, (a)  the members of the Board; (b)  the members of the divisional boards and trade boards; and (c)  the members of the roster of adjudicators. 2016, c. 37, Sched. 17, s. 14 (1). Reflecting diversity (11) When carrying out its functions under subsection (10), the Appointments Council shall take into account the importance of reflecting across the governing structure of the College, (a)  Ontario’s English and French linguistic duality; (b)  the diversity of Ontario’s population; (c)  gender balance; (d)  representation from unionized and non-unionized and from large, medium and small business environments; and (e)  the various geographic areas of Ontario named in a Board regulation. 2016, c. 37, Sched. 17, s. 14 (1). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 14 (1) - 08/12/2016; 2016, c. 37, Sched. 17, s. 14 (3) - 08/12/2017 Classification Roster
63.2 (1) The Classification Roster shall be composed of an associate chair and at least 10 other members appointed by the Lieutenant Governor in Council as follows: 1.  The associate chair and at least six other members shall be appointed as representing the public. 2.  At least four members shall be appointed from the roster of adjudicators. 2016, c. 37, Sched. 17, s. 14 (1). Qualification (2) An individual may not be appointed as a member under paragraph 1 of subsection (1) if he or she, (a)  is a member of the College; (b)  was a member of the College within the preceding year; (c)  works or engages in the practice of a voluntary trade; (d)  worked or was engaged in the practice of a voluntary trade within the preceding year; (e)  has or had an affiliation with a member of the College or with a compulsory trade or a voluntary trade that may bias their decisions; (f)  is or was a member of the governing structure of the College; (g)  is or was a member of the Appointments Council or the old Appointments Council; and (h)  satisfies any other condition prescribed by a Minister’s regulation. 2016, c. 37, Sched. 17, s. 14 (1). Term of office (3) The term of office of a member of the Classification Roster shall be at the pleasure of the Lieutenant Governor in Council and shall not exceed three years. 2016, c. 37, Sched. 17, s. 14 (1). Multiple terms (4) A member of the Classification Roster may serve for more than one term. 2016, c. 37, Sched. 17, s. 14 (1). Same (5) A member of the Classification Roster may not serve for more than six consecutive years but is eligible for reappointment after one year’s absence from the Classification Roster. 2016, c. 37, Sched. 17, s. 14 (1). Appointment to Board, etc. (6) A member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, and a former member of the Classification Roster is not eligible to be appointed to the Board, a divisional board or a trade board, unless at least one year has elapsed since he or she was a member of the Classification Roster. 2016, c. 37, Sched. 17, s. 14 (1). Remuneration (7) The associate chair and the other members of the Classification Roster shall be paid such remuneration and allowance for expenses as are fixed by the Lieutenant Governor in Council. 2016, c. 37, Sched. 17, s. 14 (1). Duties (8) The associate chair of the Classification Roster shall, (a)  appoint members of classification panels from among the other members of the Classification Roster; and (b)  ensure that such other duties as may be assigned to the Classification Roster by the Lieutenant Governor in Council are performed and for this purpose may select members of the Classification Roster, including himself or herself, to perform assigned duties. 2016, c. 37, Sched. 17, s. 14 (1). Classification panels (9) A classification panel shall determine such matters as are specified in section 63.6. 2016, c. 37, Sched. 17, s. 14 (1). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 14 (1) - 08/12/2016 PART XI.1   SCOPES OF PRACTICE AND COMPULSORY AND VOLUNTARY TRADES
63.3 (1) The Board shall prescribe a scope of practice for every trade prescribed by a Minister’s regulation as a trade for the purposes of this Act. 2016, c. 37, Sched. 17, s. 15. Same (2) A particular practice may be included in more than one trade’s scope of practice. 2016, c. 37, Sched. 17, s. 15. Apprenticeship program (3) An apprenticeship program established by the College for a trade shall correspond to the scope of practice for that trade. 2016, c. 37, Sched. 17, s. 15. Policy (4) The Board shall develop a policy regarding the establishment and review of scopes of practice for trades. 2016, c. 37, Sched. 17, s. 15. Process, etc. (5) The policy referred to in subsection (4) shall include, (a)  a process for the establishment and review of scopes of practice; and (b)  provisions relating to building consensus among relevant divisional boards and trade boards in establishing and reviewing scopes of practice. 2016, c. 37, Sched. 17, s. 15. Available to public (6) The policy referred to in subsection (4) shall be available for public inspection during normal business hours in the office of the College and be posted on the College’s website or made available through a hyperlink at the College’s website. 2016, c. 37, Sched. 17, s. 15. Policy not a regulation (7) A policy referred to in subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2016, c. 37, Sched. 17, s. 15. Factors (8) When establishing or reviewing the scope of practice for a trade, the Board shall adhere to the policy referred to in subsection (4) and shall consider, (a)  the scope of practice of the trade, if any, and other relevant scopes of practice; (b)  the advice of the relevant divisional boards and trade boards; (c)  the extent to which the scopes of practice of one or more trades overlap and the nature of the overlap; (d)  any exemptions from this Act that are prescribed; and (e)  any other matter that the Board considers relevant. 2016, c. 37, Sched. 17, s. 15. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 15 - 08/12/2016 Classification of a new trade as compulsory or voluntary
63.4 (1) For any trade that is prescribed by a Minister’s regulation as a trade for the purposes of this Act on or after the day section 16 of Schedule 17 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force, the Board shall, by a Board regulation, prescribe the scope of practice for the trade within the period, if any, prescribed by a Minister’s regulation. 2016, c. 37, Sched. 17, s. 16. Board submissions (2) At the time the Board submits a regulation prescribing the scope of practice for a trade to the Minister for his or her review, the Board may also provide written submissions setting out the Board’s opinion as to whether the trade should be prescribed as a voluntary trade or referred to the Classification Roster for determination of the matters set out in paragraphs 1 and 3 of subsection 63.6 (3). 2016, c. 37, Sched. 17, s. 16. Minister shall prescribe as voluntary or refer to Classification Roster (3) Once a Board regulation prescribing the scope of practice for a trade has been made, the Minister shall, after considering any submissions provided by the Board under subsection (2), (a)  make a regulation classifying the trade as a voluntary trade; or (b)  refer the trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 1 and 3 of subsection 63.6 (3). 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 Other referrals to Roster
63.5 (1) The Board may refer a trade to the Classification Roster for the purpose of determining the matters set out in paragraphs 2 and 3 of subsection 63.6 (3). 2016, c. 37, Sched. 17, s. 16. Board shall refer (2) The Board shall refer a trade to the Classification Roster for the purpose of determining the matter set out in paragraph 3 of subsection 63.6 (3) if the trade is a compulsory trade and, (a)  a Minister’s regulation referred to in subsection 63.6 (9) has been made providing that one or more practices within the scope of practice of the compulsory trade constitute engaging in the practice of the trade for the purposes of sections 2 and 4; and (b)  after the Minister’s regulation referred to in clause (a) was made, the Board amends the scope of practice of the trade and is of the opinion that any of the new practices should constitute engaging in the practice of the trade for the purposes of sections 2 and 4. 2016, c. 37, Sched. 17, s. 16. Regulation re referral process (3) The referral of a trade to the Classification Roster under subsection (1) or (2) shall be in accordance with the process prescribed by a Board regulation, and the Board may not make such a referral until the regulation has been made. 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
63.5.1 (1) Despite sections 63.4 and 63.5 and any regulations made under this Act, starting on the day the Making Ontario Open for Business Act, 2018 receives Royal Assent, there shall be a moratorium on referrals of trades to the Classification Roster such that no trades may be referred to the Classification Roster. 2018, c. 14, Sched. 3, s. 7. Same (2) The moratorium shall be subject to any requirements, limitations, conditions or terms provided in a Minister’s regulation, if any. 2018, c. 14, Sched. 3, s. 7. Termination of moratorium (3) The moratorium shall continue until it is terminated by a Minister’s regulation. 2018, c. 14, Sched. 3, s. 7. Appointments (4) Starting on the day the Making Ontario Open for Business Act, 2018 receives Royal Assent, the Appointments Council may not appoint any person to the roster of adjudicators unless a Minister’s regulation has been made that provides that the moratorium does not apply in respect of a trade or trades or that the moratorium does not apply in respect of section 63.4 or 63.5. 2018, c. 14, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 7 - 21/11/2018 Process before Classification Roster
64 The Minister has the following functions for the purposes of this Act: 1.  To promote trades and apprenticeship. 2.  To register training agreements. 3.  To issue guidelines and policies for the purposes of this Part. 4.  To work with other governments in Canada and the College with respect to the interprovincial standards program for apprenticeship and the qualifications required for trades. 5.  To approve persons that will provide training for apprenticeship programs established by the College. 6.  To administer examinations that may be prescribed by the Board for the purposes of obtaining a certificate of qualification or statement of membership. 7.  To conduct policy development, evaluation and research in relation to trades and apprenticeship. 8.  To carry out such other functions as are provided for in this Act or as are assigned by the Lieutenant Governor in Council.  2009, c. 22, s. 64. Training agreements
65 (1) On application and on payment of the required fee, the Minister may register an agreement under which an individual is to receive training in a trade required as part of an apprenticeship program established by the College.  2009, c. 22, s. 65 (1). Conditions for registration (2) An agreement shall not be registered unless, (a)  the individual who is to receive the training is at least 16 years of age; (b)  the individual who is to receive the training has successfully completed any academic standard prescribed for the trade by a Board regulation; and (c)  the trade has been prescribed by a Minister’s regulation as a voluntary trade or a compulsory trade. 2016, c. 37, Sched. 17, s. 17 (1). Cancellation on request (3) The Minister may cancel the registration of a registered training agreement on the written request of the apprentice or the sponsor named in the agreement.  2009, c. 22, s. 65 (3). Cancellation, no statement of membership (4) A registered training agreement is cancelled, (a)  on the 90th day after the date of registration or, if a date is prescribed, on the prescribed date, if the individual does not, on that day, hold a statement of membership as an apprentice in the trade to which the registered training agreement relates; (b)  on the day the individual’s statement of membership is revoked or cancelled.  2009, c. 22, s. 65 (4); 2016, c. 37, Sched. 17, s. 17 (2). Suspension if statement of membership suspended (5) If an individual’s statement of membership is suspended, any related registered training agreement is also suspended on the same date; the suspension of the agreement continues until the statement of membership is no longer suspended.  2009, c. 22, s. 65 (5). Suspension or revocation (6) The Minister may suspend or revoke the registration of a registered training agreement if, (a)  the agreement or a provision of this Act or of a regulation made under this Act is not being complied with; (b)  a party to the agreement submitted false information to the Minister as part of the application for registration of the agreement; or (c)  a party to the agreement is dead or no longer exists.  2009, c. 22, s. 65 (6). Notice (7) The Minister shall not suspend or revoke the registration of an agreement under clause (6) (a) or (b) unless the Minister has given the parties to the agreement written notice of his or her intention to do so and has held any hearing that may be required under subsection (8).  2009, c. 22, s. 65 (7). Hearing (8) A party to the agreement may, within 30 days after receiving a notice under subsection (7), require the Minister to hold a hearing to determine whether the registration of the agreement should be suspended or revoked.  2009, c. 22, s. 65 (8). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 17 (1) - 23/04/2018; 2016, c. 37, Sched. 17, s. 17 (2) - 08/12/2016
66 The Minister shall provide those who successfully complete an apprenticeship program established by the College with a certificate confirming the successful completion of the program.  2009, c. 22, s. 66.
67 An apprentice’s failure to perform work under a registered training agreement does not constitute non-compliance with the agreement if the failure to perform work is a result of a lock-out or lawful strike.  2009, c. 22, s. 67.
68 An apprentice in a trade named by a Minister’s regulation for the purposes of this section is entitled to be paid the wage rates, if any, prescribed for his or her trade in a Board regulation.  2009, c. 22, s. 68.
69 An apprentice in a trade named by a Minister’s regulation for the purposes of this section must complete the number of hours, if any, prescribed for his or her trade by a Board regulation in order to complete his or her apprenticeship program.  2009, c. 22, s. 69.
70 (1) The Minister may appoint inspectors for the purposes of determining, (a)  whether apprentices are receiving training in accordance with registered training agreements and apprenticeship programs established by the College; or (b)  whether a person who has been approved to provide training as part of an apprenticeship program established by the College is providing training in accordance with the program.  2009, c. 22, s. 70 (1). Entry on premise (2) An inspector may enter any premises, and may examine any documents or other things on the premises, for the purposes referred to in subsection (1).  2009, c. 22, s. 70 (2). Dwellings (3) Subsection (2) does not authorize entry of a dwelling without the consent of the occupier.  2009, c. 22, s. 70 (3). Time for entry (4) The power to enter premises under subsection (2) may be exercised at any reasonable time.  2009, c. 22, s. 70 (4). Identification (5) An inspector who enters premises under subsection (2) shall, on request, produce identification that provides evidence of his or her authority.  2009, c. 22, s. 70 (5). Entries and searches by warrant: inspections (6) On the application, made without notice, of an inspector appointed for the purposes of subsection (1), a justice of the peace may issue a warrant authorizing the inspector to enter and search a place and examine anything that is relevant to the inspection if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds for believing that something relevant to the inspection is at the place.  2009, c. 22, s. 70 (6). Entries and searches by warrant (7) Sections 57 and 58 apply with necessary modifications to inspections under this section as if a reference to an inspector in those sections were a reference to an inspector appointed for the purposes of this section.  2009, c. 22, s. 70 (7). Production of proof of apprenticeship (8) For the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1), an apprentice shall carry the proof of his or her apprenticeship issued by the Minister and, when requested to do so, shall produce the proof to a person appointed under subsection 54 (1) or a person authorized by a Minister’s regulation to request such production.  2009, c. 22, s. 70 (8).
71 The Minister may establish and charge fees for applications made under this Part and for other functions performed under this Part and for any examinations required for the purpose of receiving a certificate of qualification or statement of membership.  2009, c. 22, s. 71. Part xiiI   Regulations and By-laws
75 The Board shall ensure that a copy of all Board regulations and by-laws made under this Act are available for public inspection in the office of the College and the Board regulations and the by-laws shall be posted on the College’s website or made available through a hyperlink at the College’s website.  2009, c. 22, s. 75.
76 The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act.  2009, c. 22, s. 76. PART XiV   MISCELLANEOUS
77 (1) Everyone has the right to use French in all dealings with the College.  2009, c. 22, s. 77 (1). Definition (2) In this section, “dealings” means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews.  2009, c. 22, s. 77 (2). Protection from liability
78 (1) No action or other proceeding shall be commenced against the Crown in right of Ontario in respect of any act or omission of the College or any member of the Board, a divisional board, or a trade board or any of its officers, employees or agents.  2009, c. 22, s. 78 (1); 2018, c. 14, Sched. 3, s. 12 (1). College, etc. (2) No action or other proceeding shall be commenced against the College, the chair of or members of either branch of the Appointments Council and Classification Roster, a member of the Board, a divisional board or a trade board, an officer or employee of the College, or a person appointed under subsection 87.0.2 (2), for any act done in good faith in the performance or intended performance of his or her duties or for any neglect or default in the performance in good faith of his or her duties. 2018, c. 14, Sched. 3, s. 12 (2). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 21 - 08/12/2016 2018, c. 14, Sched. 3, s. 12 (1, 2) - 21/11/2018
80 Despite any other Act, the Minister may give to the College copies of records, including copies of records that contain personal information, or may otherwise disclose such information to the College, if in the Minister’s opinion the records or information are necessary for the College to carry out its responsibilities.  2009, c. 22, s. 80.
81 (1) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee the repayment of loans made to the College, including interest.  2009, c. 22, s. 81 (1). Same (2) A guarantee given under subsection (1) is subject to any conditions that the Minister of Finance imposes.  2009, c. 22, s. 81 (2).
82 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by mail; or (c)  given or served in accordance with by-laws respecting service.  2009, c. 22, s. 82 (1). Same (2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.  2009, c. 22, s. 82 (2). Certificate as evidence
83 (1) A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal.  2009, c. 22, s. 83 (1). Minister’s certificate (2) A statement as to the registration or non-registration of a training agreement purporting to be certified by the Minister is receivable in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Minister.  2009, c. 22, s. 83 (2). Statutory Powers Procedure Act 84 If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.  2009, c. 22, s. 84.
84 If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.  2009, c. 22, s. 84.
85 If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order that the judge thinks fit.  2009, c. 22, s. 85. Offences
86 (1) Every person who contravenes Part II or who engages in an activity prohibited by a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.  2009, c. 22, s. 86 (1). Offence, false representation (2) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate or statement issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  2009, c. 22, s. 86 (2). Offence, assist in false representation (3) Every person who knowingly assists a person in committing an offence under subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  2009, c. 22, s. 86 (3). Offence, preserving secrecy (4) A person who contravenes section 62 is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  2009, c. 22, s. 86 (4). Offence, submitting false information (5) Every person who submits false information to the Minister as part of an application to register a training agreement made under Part XII or in any information provided to the Minister in relation to a training agreement is guilty of an offence and on conviction is liable to a fine of not more than $10,000.  2009, c. 22, s. 86 (5). Offence, examinations (6) A person is guilty of an offence and on conviction is liable to a fine of not more than $10,000 if a Board regulation provides for an examination for the purpose of obtaining a certificate of qualification or a statement of membership, (a)  if the person assists another person taking the examination by knowingly conveying or disclosing to that person, directly or indirectly, any information respecting the contents of the examination; or (b)  if the person knowingly acquires or attempts to acquire any information respecting the contents of the examination if the person is an applicant for a certificate of qualification or statement of membership.  2009, c. 22, s. 86 (6). Offence, obstruction of investigators and inspectors (7) A person is guilty of an offence and on conviction is liable to a fine of not more than $10,000 if the person obstructs an investigator appointed under section 53 or an inspector appointed under section 54 or 70 in the course of the investigator’s or inspector’s duties or if the person withholds or conceals from the investigator or inspector or destroys anything that is relevant to the investigation or inspection.  2009, c. 22, s. 86 (7).
87 (1) The Minister shall initiate a review of this Act and the regulations made under it, or portions of the Act and regulations, within two years after the day the Building Ontario Up for Everyone Act (Budget Measures), 2016
receives Royal Assent. 2016, c. 37, Sched. 17, s. 22. Same (2) The Minister shall, (a)  inform the public when a review under this section begins; and (b)  make a written report respecting the review available to the public. 2016, c. 37, Sched. 17, s. 22. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 22 - 08/12/2016 Part XIV.1   Special Powers of the Minister
87.0.1 (1) The Minister may, (a)  terminate the appointment of any member of the governing structure of the College at any time without notice or cause; (b)  dissolve any divisional board, despite section 19; (c)  dissolve any trade board; (d)  dissolve any committee of the Board established under this Act; (e)  exercise any power or perform any duty of the Appointments Council; and (f)  direct the Board to make, amend or revoke any by-laws of the Board. 2018, c. 14, Sched. 3, s. 13; 2019, c. 7, Sched. 40, s. 62 (1). Disclosure of documents, etc. (2) The Minister may require the Board to disclose any records, documents and information of the Board, College and Registrar that the Minister considers to be necessary in connection with this Act, including but not limited to all records relating to their financial transactions and compliance and enforcement activities. 2019, c. 7, Sched. 40, s. 62 (2). Privilege (3) Where the Minister requires the Board to disclose privileged information under this section, the disclosure does not constitute a waiver of solicitor-client privilege, litigation privilege or settlement privilege. 2019, c. 7, Sched. 40, s. 62 (2). Disclosure for purposes of compliance (4) Where the Minister requires the Board to disclose personal information under this section or otherwise under this Act, the disclosure is deemed to be for the purposes of complying with this Act. 2019, c. 7, Sched. 40, s. 62 (2). Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 13 - 21/11/2018 2019, c. 7, Sched. 40, s. 62 (1, 2) - 01/07/2019
87.0.2 (1) The Minister may make a regulation vesting, in the Minister, control and charge over the administration of all the affairs of the Board, other than any matters specified in the regulation for which the Board shall continue to have its powers. 2018, c. 14, Sched. 3, s. 13. Same (2) If the Minister makes a regulation under subsection (1), the Minister may appoint a person who shall exercise the powers and perform the duties of the Minister under this section or section 87.0.1 that the Minister assigns to him or her, and such other duties as the Minister may assign. 2018, c. 14, Sched. 3, s. 13. Same (3) If the Minister makes a regulation under subsection (1), (a)  the Minister has control and charge over the exercise and performance of all of the Board’s powers, duties and obligations with respect to all matters, other than the matters for which the Board shall continue to have its powers, including, for greater certainty and without limiting the generality of the foregoing, the power to make, amend or revoke a by-law; (b)  all things done by or for the Minister under the regulation in relation to the affairs of the Board or under this section shall for all purposes be deemed to have been done by and for the Board; (c)  the Minister may direct the Registrar respecting anything that the Registrar is required or authorized to do under this Act, and if the Registrar does not carry out a direction, the Minister may carry it out; (d)  the Minister shall have access at all times to all records, documents and information of the Board, College and Registrar, including but not limited to all records relating to their financial transactions, and may inspect and copy them; (e)  the Minister may deal with all of the College’s financial matters, including but not limited to its revenues and expenditures; (f)  the Minister may sell or otherwise dispose of any of the College’s assets; (g)  all expenses and liabilities of the College shall continue to be the responsibility of the College and all expenses and liabilities of the College shall continue to be paid from the College’s revenues; and (h)  all expenses incurred by the Minister in doing anything under the regulation or this section, including any remuneration or expenses payable in relation to a person appointed under subsection (2), shall be paid by the College to the extent directed by the Minister and be chargeable to such of its accounts as the Minister may direct. 2018, c. 14, Sched. 3, s. 13. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 13 - 21/11/2018
87.0.3 (1) The Minister may make regulations, (a)  making, amending or revoking a Board regulation; (b)  providing for any power, duty or object of the College, the Board or the Registrar to not apply or to apply with specified modifications or providing for additional powers, duties or objects of the College, the Board or the Registrar; (c)  providing for any fee set out in the by-laws to not apply or to apply with specified modifications; (d)  providing for a different composition of the Board than that set out in subsection 13 (1) and that a quorum of the Board is a different number than the number set out in section 14. (e), (f) Repealed: 2021, c. 28, s. 69 (1). 2018, c. 14, Sched. 3, s. 13; 2019, c. 7, Sched. 40, s. 62 (3); 2021, c. 28, s. 69 (1). (2) Repealed: 2021, c. 28, s. 69 (2). Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 3, s. 13 - 21/11/2018 2019, c. 7, Sched. 40, s. 62 (3, 4) - 01/07/2019 2021, c. 28, s. 69 (1, 2) - 03/06/2021 Part xV   Transition 87.1 Repealed: 2018, c. 14, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 23 - 08/12/2016 2018, c. 14, Sched. 3, s. 14 - 21/11/2018
87.2 Every trade that was classified as compulsory or voluntary under the Act, as it read immediately before the Building Ontario Up for Everyone Act (Budget Measures), 2016 received Royal Assent, shall be deemed to be prescribed by a Minister’s regulation as a compulsory trade or voluntary trade, as the case may be, until such time as it may be reclassified under section 63.6. 2016, c. 37, Sched. 17, s. 23. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 17, s. 23 - 08/12/2016 88 Repealed: 2016, c. 37, Sched. 17, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 22, s. 102 - no effect - see 2016, c. 37, Sched. 17, s. 24 - 08/12/2016 2016, c. 37, Sched. 17, s. 24 - 08/12/2016
89 (1) A certificate of qualification issued to a journeyperson under the Trades Qualification and Apprenticeship Act
or the Apprenticeship and Certification Act, 1998
and that is valid immediately before section 37 comes into force shall be deemed to be a certificate of qualification issued under this Act to the journeyperson in the trade for which the certificate was issued.  2009, c. 22, s. 89 (1). Expiry (2) A deemed certificate of qualification to which subsection (1) applies ceases to have effect on the second anniversary of the coming into force of section 37 unless an earlier date is prescribed by a Minister’s regulation for certificates related to the trade in respect of which the certificate of qualification was issued.  2009, c. 22, s. 89 (2). Right to obtain certificate of qualification (3) The holder of a valid deemed certificate of qualification to which subsection (1) applies is entitled to a certificate of qualification issued by the College upon filing an application with the registrar and upon paying the fees required by the by-laws of the College if the application is filed and the fees paid before the expiry of the period referred to in subsection (2).  2009, c. 22, s. 89 (3). Section Amendments with date in force (d/m/y) 2009, c. 22, s. 102 - no effect - see 2016, c. 37, Sched. 17, s. 24 - 08/12/2016
90 (1) Training agreements registered under the Apprenticeship and Certification Act, 1998 and contracts of apprenticeship filed under the Trades Qualification and Apprenticeship Act and that were valid immediately before the coming into force of section 65 shall be deemed to be registered training agreements under this Act.  2009, c. 22, s. 90 (1). (2)-(4) Repealed: 2016, c. 37, Sched. 17, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 22, s. 102 - no effect - see 2016, c. 37, Sched. 17, s. 24 - 08/12/2016 2016, c. 37, Sched. 17, s. 24 - 08/12/2016 91-93 Repealed: 2016, c. 37, Sched. 17, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 22, s. 102 - no effect - see 2016, c. 37, Sched. 17, s. 24 - 08/12/2016 2016, c. 37, Sched. 17, s. 24 - 08/12/2016