What are the Ontario College of Trades (OCOT) inspectors' powers?

There are rumours out there that the Ontario College of Trades’ inspectors, under the Ontario College of Trades and Apprentices Act (OCTAA) 2009) have more power than the Ontario Ministry of Labour inspectors under the Occupational Health and Safety Act (OHSA).

It appears that this is a myth. A close reading of both acts will prove this.

The OSHA legislation expressly authorizes Ministry of Labour inspectors to enter business premises “without warrant” and question individuals in connection with their inspection.

The OCTAA legislation does NOT include a similar provision. OCOT inspectors do not carry such powers, although it’s possible some might give you that impression if they show up at your jobsite.

If OCOT inspectors appear at your work place, ask them for identification, and, if you feel up to it, have a copy of the following in your wallet or in your truck, and ask them if they are in compliance. They are there to check your own compliance with the law. Ask them to prove their own!

Below is the relevant section of the Ontario College of Trades and Apprentices Act…

Note that, at the top of section 53 (1), it is clear that the “Registrar” (or his appointed “inspector”, i.e., the OCOT’s enforcement officers) must have reasonable and probable grounds to conduct an investigation into your activities. Ask what those reasonable and probable grounds are.

And note under section 53 (7) that the”occupier” of the dwelling does not have to let the inspector onto the premises. And this clause is not qualified in any way.

And under section 56, it’s clear that if the OCOT wants to force their way onto your jobsite, in spite of the above, that they will need a warrant from a Justice of the Peace, to do so.

This is the law, available freely online if you Google “Ontario College of Trades and Apprentices Act.”

ONTARIO COLLEGE OF TRADES AND APPRENTICES ACT (2009)

PART VIII

REGISTRAR’S POWERS OF INVESTIGATION AND INSPECTION

Definitions

52.  In this Part,

“inspector” means an individual appointed by the Registrar to act as an inspector for the purposes of section 54; (“inspecteur”)

“investigator” means an individual appointed by the Registrar to act as an investigator for the purposes of section 53. (“enquêteur”) 2009, c. 22, s. 52.

Registrar’s investigation

53.  (1)  If the Registrar believes on reasonable and probable grounds,

(a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated;

(b) that there is cause to refuse to issue a certificate of qualification or statement of membership applied for under this Act;

(c) that there is cause to suspend or revoke a certificate of qualification or statement of membership issued under this Act; or

(d) that there is cause to impose terms, conditions or limitations on a certificate of qualification or statement of membership applied for or issued under this Act,

the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause. 2009, c. 22, s. 53 (1).

Approval of Executive Committee

(2)  The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee. 2009, c. 22, s. 53 (2).

Powers of investigator

(3)  The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator. 2009, c. 22, s. 53 (3).

Same

(4)  The investigator has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act. 2009, c. 22, s. 53 (4).

Entry on work premises, investigation of journeyperson

(5)  On production of his or her appointment, the investigator may, if the member being investigated is a journeyperson, enter at any reasonable time the place of work of the member or the premises of the member’s employer and may examine any document, record or thing found there that is relevant to the investigation. 2009, c. 22, s. 53 (5).

Entry on premises, other investigations

(6)  On production of his or her appointment, the investigator may, if the member being investigated holds a statement of membership in the class referred to in paragraph 3 of subsection 36 (1), enter at any reasonable time the place of business of the member or any work location at which the member employs a journeyperson or sponsors or employs an apprentice and may examine any document, record or thing found there that is relevant to the investigation. 2009, c. 22, s. 53 (6).

Dwellings

(7)  Subsections (5) and (6) do not authorize entry of a dwelling without the consent of the occupier. 2009, c. 22, s. 53 (7).

Registrar’s inspections

54.  (1)  The Registrar may appoint inspectors for the purpose of determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1). 2009, c. 22, s. 54 (1).

Entry on premises

(2)  An inspector may enter any premises and may examine any documents or other things on the premises for the purpose referred to in subsection (1). 2009, c. 22, s. 54 (2).

Dwellings

(3)  Subsection (2) does not authorize entry of a dwelling without the consent of the occupier. 2009, c. 22, s. 54 (3).

Time for entry

(4)  The power to enter premises under subsection (2) may be exercised at any reasonable time. 2009, c. 22, s. 54 (4).

Identification

(5)  An inspector who enters premises under subsection (2) shall, on request, produce identification that provides evidence of his or her authority. 2009, c. 22, s. 54 (5).

Entries and searches by warrant: investigations

55.  On the application, made without notice, of an investigator conducting an investigation under section 53, a justice of the peace may issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,

(a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and

(b) there is something relevant to the investigation at the place. 2009, c. 22, s. 55.

Entries and searches by warrant: inspections

56.  On the application, made without notice, of an inspector appointed for the purposes of section 54, a justice of the peace may issue a warrant authorizing the inspector to enter and search a place and examine anything that is relevant to determining compliance with Part II or a Board regulation made under subparagraphs 3 i to iv of subsection 72 (1), if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds for believing that something relevant to the inspection is at the place. 2009, c. 22, s. 56.

Searches by day unless stated

57.  (1)  A warrant issued under section 55 or 56 does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant. 2009, c. 22, s. 57 (1).

Assistance and entry by force

(2)  An investigator or an inspector entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, may be assisted by a peace officer and may enter a place by force. 2009, c. 22, s. 57 (2).

Investigator to show identification

(3)  An investigator or an inspector, entering and searching a place under the authority of a warrant issued under section 55 or 56, as the case may be, shall produce his or her identification, on request, to any person at the place. 2009, c. 22, s. 57 (3).

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