College of Trades Issues its Proposed Compliance and Enforcement Policy
The College consulted on the policy and the definition of Risk of Harm earlier this year so it is a surprise to see that the written policy only acts to confirm the much criticized enforcement practices of the College. With one exception, the policy is so vague that it promotes the unfettered enforcement that caused it to run into conflict with the Labour Relations Board and established industry practices. It reviews the legal authorities of the College without providing a policy framework of how the authority will be enforced. It includes concepts proposed in the Dean Report including risk-based enforcement and public interest but it doesn’t define them or suggest how they will apply to this policy.
The one notable addition, however, is a definition of Risk of Harm. Dean had determined that enforcement policy should be driven in part by the "Risk of Harm." The policy proposes that "This Policy understands Risk of Harm as the likelihood of an adverse consequence (harm) occurring because of an unauthorized individual’s performance of work or engagement in the practice of a compulsory trade, where harm may occur..."
The release says that the OCOT staff will be trained on the policy but doesn’t provide a date that it will be in effect.
OGCA will work with the Ontario Skilled Trades Alliance to encourage a full discussion and address these issues.