Help Change The Rules Regarding ODP certification

[Admin]

Here is an email I sent regarding the fact we pay for 313 certification with the MTCU but are still forced to pay HRAI and the MOE money to hold the ODP certificate.  As per O.Reg 75/05, 313 certification satisfies O.Reg 463/10 Section 34, especially if the MOE contends that the ODP certificate does!  To a 313 certificate holder ODP certification appears to be nothing more than a money grab.

You should all forward a copy to your MPP and to the address' below.  Ask the government to abolish the ODP certificate.

MTCU - tmcmeekin.mpp.co@liberal.ola.org
MTCU - jmilloy.mpp@liberal.ola.org
HRAI - amantei@hrai.ca
MOE - hjaczek.mpp@liberal.ola.org
MOE - jwilkinson.mpp.co@liberal.ola.org
PREMIER - dmcguinty.mpp.co@liberal.ola.org

I am writing today as a 313D and ODP certificate holder working in Ontario on refrigeration equipment.  I have a question regarding fees I am required to pay.  The MOE is forcing me to pay for the ODP certificate when I already pay the MTCU for a 313D certificate.

As per Ontario Regulation 75/05 I must have 313A or 313D certification to work on refrigeration equipment.  If you read Section 3, Scope of Trade, you can see this certification allows me to service, install and commission the refrigeration system.  This clearly includes working with refrigerant, as the system will not work without it.

The Ministry of the Environment forces me to pay for the ODP certificate, which no longer requires retraining but simply the repaying of fees.  The MOE's justification that these fees fund Ozone Depletion training/awareness has no merit.

Another one of the MOE's justifications for the ODP certification, is that they use the HRAI's member database to keep certified workers informed.  In 15 years, I have never received any information from them regarding changes, in fact you can see as of February 17, 2011 the HRAI website is outdated.  O.Reg 189/94 Refrigerants, was replaced with O.Reg 463/10, January 1, 2011.  Yet the HRAI ODP page still refers to amendments to O.Reg 189/94 on May 4, 2007.  Ironically those amendments are what removed the requirement to complete in-class retraining when renewing the ODP certificate.  The MOE's excuse that the ODP certificate helps fund the HRAI to provide a line of communication with us has no merit.  Where was my email or letter from HRAI letting me know about the changes to the Ozone Depleting Substances Regulation?  Seems to me the HRAI was not even aware.

http://www.hrai.ca/cfc_odpcard.shtml

Ontario Regulation 463/10 Section 34 (Formerly Ontario Regulation 189/94 Section 21) states,

34.  (1)  Subject to subsection (3), a person qualifies for a certificate under this section if the person has successfully completed a course approved by the Director that, in the opinion of the Director, provides training and testing with respect to the use and handling of ozone depleting substances, halocarbons, refrigerants and refrigeration equipment.  O. Reg. 463/10, s. 34 (1).

The MOE uses this regulation, O.Reg 463/10, Section 34, to force us to pay for ODP certification.  Does my 313D certification, and the scope of Ontario Regulation 75/05 not satisfy Section 34 of O.Reg 463/10?  The 313A or D certification is actual training/testing and should satisfy Section 34 of O.Reg 463/10.  No person with an understanding of this trade can argue otherwise.  It's a case of the left hand, MTCU, and the right hand, MOE, not knowing what the other is doing, unfortunately both of their hands can't fit in my pocket.

After sucessfully completing the training required in O.Reg 75/05, a 313 certificate holder should not be forced to pay for ODP certification.  The 313D certificate satisfies O.Reg 463/10, Section 34 and no additional certification should be required in order to work on refrigeration equipment.

There are a lot of uncertified people working on refrigeration equipment in Ontario, as a result of MOE's ODP certification.  They believe that the ODP certificate is all that is required in order to work on refrigeration equipment.  I believe abolishing the ODP certificate will provide a clearer understanding of certification requirements in Ontario.  The fact is, the 313 certificate encompasses everything the ODP certificate does.

I am sending this question to The Heating, Refrigeration and Air Conditioning Institute of Canada, Ministry of Training Colleges and Universities, Ministry of the Environment, and the Premier of Ontario.

My question is as follows,

Does my 313D certificate, and the scope of Ontario Regulation 75/05 not satisfy Section 34 of O.Reg 463/10?  

If no, please explain why and outline what part of the ODP certification training is not covered in the 313 certification training.

I hope to hear back from someone with an answer.  Thank you for your consideration,

[HVACguy72]

If you eliminate the ODP, then guys in the trade that are contractors without 313A or 313D certs. will not be able to purchase refrigerants......not a good idea.  If I am a contractor owning a business and have a 313 cert guy working for me the last thing I want to do is rely on him to a purchase using my info at the supply house and secondly if that guy walks my business stops without refrigerant.

Eliminate it NO, Allow the 313 guys to purchase without the ODP YES.

[Admin]

All the ODP certificate lets you do is purchase / handle refrigerant.  You still need a 313 certificate to do anything with it.  This is how I believe ODP certification causes confusion.  
If your company has no 313 certificate holder then, as per O.Reg 75/05, you are not certified to service any refrigeration equipment.

The following is from the MOE website,
http://www.ene.gov.on.ca/environment/en/subject/ozone_depleting_substances/STDPROD_080497#odpCertificates2

What is an Ozone Depletion Prevention (ODP) certificate?
An ODP certificate indicates that the holder has successfully completed an environmental awareness training course to the satisfaction of the Ministry of Environment and Energy.

Is an ODP certificate a license to service air-conditioning equipment?
No. While the ODP certificate allows its holder to purchase and handle refrigerants, it is not an indication of the holder's technical qualifications or ability to service equipment. Technical certification or licensing may be required under other legislation.

What type of qualifications are needed to service air-conditioning equipment?
Various technical qualifications may be needed in addition to the ODP Certificate. For example, the Ministry of Training, Colleges and Universities has developed the voluntary trade of Appliance Service Technicians, which also covers work on domestic appliances and window-mounted units. Also, in order to service anything larger than a single-phase, hermetically sealed, domestic self-contained unit with a factory mass-produced system, precharged with refrigerant (e.g., central AC system), you need to possess a certificate of qualification as a Refrigeration and Air-Conditioning Mechanic from the Ministry of Training, Colleges and Universities.

I suppose the MOE can't simply abolish ODP certification.  For example, the worker who handles refrigerant in order to sell it at the wholesaler, would be one example where ODP certification would work.  I do like your idea of 313 certificate holders being exempt from paying for ODP certification.  It would only take the MTCU streamlining the "ODP" component into the C of Q.