OLRB decision recommendation 1: “Develop a mechanism that would allow individuals or their representa- tives or employers to appeal to the OLRB on the basis that the OLRB pre- viously addressed the college enforce- ment action or it is the subject of an existing agreement. In developing the mechanism for appeals, it is recommended that: • The OLRB would first determine on a prima facie basis whether there are grounds for an appeal. • Where the OLRB proceeds with an appeal, it would be directed to have regard to, among other things, the Ontario College of Trades and Apprenticeship Act and the college would have standing before the OLRB. Where an appeal is upheld, the matter would be nul- lified. • Where the OLRB finds that an ex- isting decision or agreement is rel- evant in an appeal but not determinative, it may designate the matter as a jurisdictional dispute, and it would be processed accord- ingly. In this case, the college would have standing before the OLRB. If the OLRB finds on behalf of the appellant, the matter would be nullified. • The action of the college would be stayed until the OLRB releases a decision.” LiUNA said in its news release that it is pleased with these decisions regarding enforcement. In a news release, the OCOT said it accepts the recommendations and will work with the government on their im- plementation. “Today, the OCOT, along with the Minister of Training, Colleges and Uni- versities, received Mr. Dean’s recom- mendations to help address some technical processes that we all agree could benefit from improvement,” OCOT board of governors’ chair Pat Blackwood said in a statement. “The college is pleased that Mr. Dean begins his report by endorsing the college’s mandate, the important role of our trade boards, and the valu- able work we do on a daily basis to pro- tect the public interest, and modernize and promote the skilled trades in On- tario.” “We are happy to report that we have already begun to undertake foun- dational work that aligns with the direc- tion of some of Mr. Dean’s recommendations.” “Given the complexity and impor- tance of getting it right, the college, with input from our trade boards, divi- sional boards and board of governors, will work closely with the Ministry of Training, Colleges and Universities to develop an implementation strategy that is effective and practical.” “It is important to note that through- out this process the college has and will continue to fulfill its mandate to protect the public interest, modernize and promote the skilled trades.” RESCON, representing residential contractors, said in following the Dean review recommendations, a key issue will be how they are implemented. “This focus on implementation will be key to OCOT’s future success as it looks to address issues related to the role of enforcement, scopes of prac- tice and apprenticeship ratio reviews,” RESCON vice president Andrew Pariser said. “RESCON, as an industry leader in residential construction, would like to reconfirm its commit- ment to working with the MTCU, as well as OCOT, as an active and sup- portive partner as the implementation process takes shape.” RESCON president Richard Lyall said in a statement: “With a commit- ment from all parties, opportunities can be created to help Ontario’s youth find work in the skilled trades, to fill the job shortage and build an industry that will thrive for generations to come.” The Canadian Design and Construction Report — January 2016 – 9