Certified tradespeople say Ontario budget bill threatens jobs

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By Matthew Kupfer

People who work in trades with compulsory certification say a provision in the Ontario budget bill would weaken the Ontario College of Trades — and open the door to uncertified labourers taking the work of electricians, plumbers and pipefitters.
There are more than 50,000 workers in the 20 trades covered by the College of Trades.

Brett Maclean is a certified journeyman electrician who works in Ottawa and specializes in fire alarms.

"That's a life safety system. I need to be qualified," he said. "There's checks and balances to make sure that I can touch the system and no one else can."

Maclean said he completed five years of on-the-job apprenticeship and schooling to get his certification. He's worried that Schedule 17 of Bill 70, Ontario's budget implementation bill, would weaken enforcement that keeps general labourers from doing the work of an electrician, for instance.

"I worked really hard for this certification and now I could potentially lose my job to someone who doesn't have any qualifications at all — and that's really, really scary."

Maclean said he's also worried cheaper, uncertified labour could drive down his wage and endanger his colleagues.

"It degrades the safety of my work site," Maclean said. "If I'm working alongside this person and they don't know what they're doing it puts me at risk."

Weakening the Ontario College of Trades

The International Brotherhood of Electrical Workers is one of the unions organizing a campaign against Schedule 17. John Bourke, business manager for IBEW Local 586, said his members are livid.

"You're looking at the surface of the sun," he said. "I've never seen them this mad."

Bourke said the College of Trades was meant to put tradespeople in charge of the rules.

"We wanted to have construction people oversee the construction industry, because we know what's best for us," Bourke said.

"Just like a doctor does, just like a lawyer does, they all have their associations. So why can't we govern and make policy on behalf of the people who know exactly what they're doing?"

He's worried the Ontario Labour Relations Board will be more lenient about enforcing which duties belong to which trade.

"If you give it to bureaucrats at the Ontario Labour Relations Board — none of them are electricians, none of them have spent any time in the construction industry."

The Ottawa District Labour Council, which represents both certified and uncertified workers, has not taken a position on the bill and is still studying it.

Ottawa Construction Association president John DeVries said Schedule 17 looks like a return to a more reasonable way of determining who can do what kind of work.

He said there are collective agreements in some parts of the province that allow electricians to work on "mixed crews" with general labourers who dig trenches and lay plastic pipe with conduits in it.

"The labourers will do that dirty work, basic work," he said. "Electricians are there for the pulling of the wire and making the connections — all the stuff that require some safety training."

DeVries said under a more strict definition of an electrician's work, the labourers wouldn't be allowed to do that work even if there was no danger.

"The college was threatening, with their enforcement, to upend that tradition. And now we're back."

DeVries said he welcome the emphasis on an independent body applying the rules.

"That's to address the concern that came from industry. There was a perception that the college board and their structure was not independent, was over-weighted to go in one direction," he said.

"I don't think the sky is falling, I think a more reasonable approach is coming in."

The Progressive Certified Trades Coalition is meeting in Toronto on Monday to plan their opposition to the budget measure.

http://www.cbc.ca/news/canada/ottawa/ontario-budget-threat-certified-tradespeople-1.3868990

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Changes to Ont. trades act will have far-reaching implications

Provincial government amendments to the Ontario College of Trades and Apprenticeship Act that dilute (the College) enforcement powers and devalue a certification of qualification will impact the health and safety of everyone in the province, says a Billings township councillor.

"This legislation turns a blind eye to inspection, to be done by people unqualified to do this work," stated Brian Parker, last week. "This is one of the most ludicrous pieces of legislation brought forward by this government; it dilutes the safety and health of everyone in the province."

Mr. Parker was referring to what has been described as an attack on skilled trades, section 17 of Bill 70.

Under schedule 17 of Bill 70 the government has introduced amendments to the Ontario College of Trades and Apprenticeship Act (the Act) that will dilute the enforcement powers of the Ontario College of Trades and devalue a Certification of Qualification and the compulsory trades designation.

Mr. Parker noted the government has chosen to hide these "damaging" amendments from public scrutiny by attaching them to an omnibus bill.

Mr. Parker provided information that explains there are currently 22 compulsory trades in Ontario in which a person must be certified, or be registered as an apprentice in a given trade and a member of the College, to work or be employed in that trade. Certification is compulsory to ensure that anyone engaged in the practice of trades which pose risks to workers, public safety or consumer protection, are trained and sufficiently competent to work properly and safely. The certificate of qualification is the only demonstrable proof of that training. The government's proposed amendments will now allow individuals without certification to do work within the scope of these trades.

The Liberal government has introduced amendments that allow individuals to appeal a notice of contravention from the College to the Ontario Labour Relations Board (OLRB). The College has a mandate to protect the public, while the OLRB does not, said Mr. Parker. The OLRB primary focus is jurisdictional disputes.

The certificate of qualification and compulsory trade status would become meaningless if the OLRB is allowed to break out tasks within a compulsory trade. It also neuters the regulatory body mandated to protect the public, pointed out Mr. Parker. He said it would become a serious problem with persons being hurt as well as higher expenses for consumers when work is not done properly. It means a step back in consumer protection and in promoting skills and training.

Mr. Parker said, "this deregulation will affect the health and safety of all people in Ontario."
"Years ago we saw cases of tires from vehicles being strewn all over Toronto because bolts were not being tightened enough by people working on the vehicles," said Mr. Parker. "And there was an increase in household fires, because aluminum wires were not being connected properly."
"How about food safety with these amendments?" said Mr. Parker. "No doubt this new legislation will affect all people across the province with unsafe vehicles, fires, food poisoning and other problems."

CBC News reported on December 1, 2016, that certified trades people from across Ontario gathered at Queen's Park to protest against the bill they say has the potential to threaten their jobs and put their safety on the line.

Organizer John Grimshaw estimated that 4,500 people were gathered at the peak of the demonstration. The concern is around one section of Bill 70, Ontario's budget implementation legislation. That section, known as section 17, would give the OLRB the power to review or overrule some decisions made by the industry-run Ontario College of Trades.
Trades people worry that the OLRB will give a free pass to non-certified workers who are caught doing jobs normally reserved for certified trades people. Mr. Grimshaw told CBC News that schedule 18 would erode public safety, worker safety, and consumer protection, while employees say apprenticeships will be useless because anyone-even unskilled workers, will be able to do any type of trade.

http://www.manitoulin.ca/2017/01/20/changes-ont-trades-act-will-far-reaching-implications/