GTA Construction Report staff writer
The Ontario College of Trades (OCOT) enforcement officers can “nail” individuals and companies for a diversity of offences, under the Ontario College of Trades and Apprenticeship Act (OCTAA). These are outlined on the OCOT website.
Members or non-members may be subject to the following prohibitions:
- Practising a compulsory trade without a valid Certificate of Qualification (C of Q) in that trade or having a statement of membership in either the apprentices class or kourneyperson candidates class;
- Holding oneself out as holding a C of Q in a voluntary trade unless they hold a valid C of Q
- Employing an individual to work in a compulsory trade without that individual having a valid C of Q or statement of membership in either the apprentices class or the journeyperson Candidates class;
- Using the title of a compulsory trade (e.g. the title “pumber”) without holding a valid C of Q in that trade;
- If they sponsor an apprentice and do not comply with the journeyperson-to-apprentice ratio for the trade set out in regulation.
Members (certified trades) have additional obligations. The OCOT website describes “complaints regarding professional misconduct” including:
- Failing to take reasonable steps to safeguard the life, health or property of a person who may be affected by the work of a member or any person for whom the member is responsible, when the member knows or ought to know that there was a risk to life, health or property.
- Failing to act to correct or report a situation that the member knows or ought to know may endanger the safety or welfare of the public.
- Undertaking work that the member knows or ought to know the member is not competent to perform by virtue of their certification, training and experience or the member’s employees are not competent to perform by virtue of their certification, training and experience.
- Knowingly providing false information or documents to the college or any other person with respect to a member’s trade qualifications.
- Contravening a term, condition or limitation imposed on the member’s C of Q or statement of membership.
- Permitting, counselling or assisting any person who is not a member of the college to represent themself as a member of the college.
- Failing to provide the member’s name and registration number as set out in the register, in the course of providing or offering to provide services related to their practice of a trade or in the course of employment or sponsorship of a member.
- Signing or issuing, in the member’s capacity as a member of the college, a document that the member knows or ought to know contains a false, improper or misleading statement
- Being found guilty of contravening a law if the contravention is relevant to the member’s suitability to hold a C of Q or statement of membership.
- Failing to maintain the standards of a trade.
- Acting or failing to act, in respect to the practice of a trade, in a manner that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
- Misappropriating or otherwise dealing dishonestly with the money or property of a client or another party, or otherwise engaging in fraudulent conduct.
- Permitting, counselling, assisting, instructing or directing a member of the college to engage in any act or omission despite having reasonable grounds to believe that the act or omission constitutes professional misconduct.