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IBEW CCO Provides Feedback to Proposed New Trades Classification Review Process

August 9, 2017

construction tradespeople - electriciansIBEW CCO, along with other stakeholders, is providing feedback to the Ministry of Education and Skills Development (MAESD) on the proposed new OCOT Trades Classification Review process. You can read the draft regulations here.

The Official IBEW CCO Feedback on the TCR Draft Regulations

THE IBEW CCO generally supports the College’s proposed approach to the trade classification review referral process. These comments are restricted to Section 5 of the Draft Regulation concerning the referral of a compulsory trade to the Classification Roster for the purposes of determining the matter set out in para. 3 of subsection 63.6(3) of the Act.

The IBEW CCO endorses the approach adopted in the Draft Regulation subject to the following.

First, the Draft Regulation quite properly assigns to the Divisional Board the responsibility to assess a referral and to advise the Board as to whether the Board should then refer it to the Classification Roster. The Divisional Board has the discretion to make a recommendation to the Board but it is not all clear when or how the discretion should be exercised. It would be appropriate if the Regulation mandated that a recommendation (to refer or not to refer) be made. A recommendation should be required. The Divisional Board “may consult as it deems appropriate”. This is as it should be. This is an important responsibility, which the IBEW CCO supports.

However, the Draft Regulation leaves too little time for the Divisional Board to do its job. The Divisional Board should be allowed 120 days – rather than 60 days – to properly consider a referral, to consult as appropriate and to advise the Board. It is plain that given the structure of the College, the Divisional Board will be in the best position to assess a referral. The Regulation should give it the time do so properly. Furthermore, the Regulation should make it clear that a Divisional Board recommendation should be in writing and should be publicly available in the interest of transparency.

Consistent with the above, IBEW CCO proposes that that Board be required to notify the College’s members and the public of a referral request as proposed in para. (a) of subsection 5(9). A posting on the College website should be required. The posting should include all of the material described in para. (b) of subsection 5(9). And College members should have an opportunity to comment. Having regard to the above, the Draft Regulation should specify that the Board will have 60 days after the the material described in para. (b) of subsection 5(9) has been posted on its website to give its decision in writing.

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