The Building Opportunities in the Skilled Trades Act, 2021 (BOSTA), was created to improve Ontario’s skilled trades system. It aims to make it easier for people to get the right training, certification, and job opportunities in various trades. Skilled Trades Ontario (STO) now serves as the central agency managing certifications, apprenticeships, and other trade-related services.
This article will break down what BOSTA is, who it affects, and how to stay compliant with the law. Whether you’re an employer, apprentice, or homeowner hiring skilled workers, understanding these rules can save you from fines and other penalties.
What is BOSTA?
BOSTA, which came into force on January 1, 2022, is designed to make Ontario’s skilled trades system more efficient and accessible. It streamlines the process for becoming certified in a trade, accessing training programs, and verifying worker qualifications.
The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) enforces the rules under BOSTA, ensuring that only qualified individuals perform certain high-risk jobs, known as “compulsory trades.”
Compulsory Trades: What Are They?
Out of the 144 skilled trades recognized under BOSTA, 23 trades are classified as compulsory. This means that you cannot work in these trades without the proper certification or qualifications. Examples of compulsory trades include:
- Electrician (construction and maintenance)
- Plumber
- Automotive Service Technician
- Hairstylist
To legally work in any of these trades, a person must meet specific requirements, which we’ll go over next.
How Do You Become Authorized to Work in a Compulsory Trade?
To be authorized to work in a compulsory trade, you must meet one of these three conditions:
- Hold a valid Certificate of Qualification (C of Q): This certificate shows that you have passed the required exams and are fully qualified to work in your trade.
- Hold a valid Provisional Certificate of Qualification (P C of Q): This is a temporary certificate that allows you to work while you complete any remaining requirements for full certification.
- Be an apprentice working under a valid Registered Training Agreement (RTA): Apprentices can legally work in a compulsory trade as long as they are registered and completing their training under the supervision of a certified tradesperson.
There are some exceptions, such as for students in programs like the Ontario Youth Apprenticeship Program (OYAP), which we will discuss later.
What Are Non-Compulsory Trades?
Non-compulsory trades are trades where certification is not legally required, although it might still be beneficial for career advancement. Examples include:
- Cook
- Cabinet Maker
- General Carpenter
While you don’t need a C of Q to work in these trades, having formal training or certification can improve job prospects and ensure you’re offering high-quality services.
How to Check if Someone is Authorized to Work
If you’re an employer, contractor, or even a homeowner hiring skilled tradespeople, you’re responsible for ensuring they are legally qualified to work in their trade. Failing to do so can result in penalties, especially for compulsory trades.
Skilled Trades Ontario provides an online Public Register where you can verify if a worker holds the necessary qualifications. This is an easy way to ensure you’re complying with the law before hiring someone to complete work on your property or project.
Compliance and Enforcement Under BOSTA
The MLITSD is responsible for enforcing the rules set out in BOSTA. The Ministry employs inspectors to ensure that tradespeople are authorized to work and that employers are only hiring qualified individuals for compulsory trades.
Here’s what you need to know about compliance and enforcement:
- Proof of Authorization: Tradespeople must carry proof of their certification or apprenticeship status. This could be a Certificate of Qualification, a Provisional Certificate, or documentation of their Registered Training Agreement.
- BOSTA Inspectors: These inspectors are also trained to enforce health and safety laws. They can check whether someone is authorized to work in a compulsory trade and whether businesses or homeowners are hiring qualified individuals.
- Penalties: If an inspector finds that a worker or employer isn’t following the rules, they can issue compliance orders. These orders may require the individual to provide additional documentation or make changes to comply with the law. In some cases, penalties or fines can be issued.
What Happens if You Don’t Comply?
Failing to comply with BOSTA can lead to significant penalties. Inspectors have the power to:
- Issue a Compliance Order: If you are found not to be following the rules, an inspector can issue an order that requires you to correct the situation, such as hiring qualified tradespeople or providing proof of authorization.
- Issue a Notice of Contravention: This formal notice includes a monetary penalty. For example, if you hire someone who isn’t certified to work in a compulsory trade, you may be fined.
- Educational Measures: In some cases, inspectors might provide educational materials to help individuals or businesses understand their obligations under BOSTA. This could include resources for getting into compliance before more serious penalties are imposed.
Exemptions to the Rules
Some individuals are exempt from needing formal certification under specific conditions. For example, students in the Ontario Youth Apprenticeship Program (OYAP) can work in compulsory trades as part of their education without being fully certified.
However, these exemptions are strictly regulated, and proof of the exemption must be carried at all times when working in the trade. For example, OYAP students are often given a wallet card by their school board, which serves as their proof of exemption.
Why BOSTA Matters for Everyone
Whether you’re an apprentice, a business owner, or a homeowner looking to hire a tradesperson, BOSTA affects you. It ensures that only qualified individuals are performing high-risk jobs like electrical work or plumbing, which directly impacts the safety and quality of services.
For apprentices, BOSTA simplifies the pathway to getting certified by centralizing services under Skilled Trades Ontario. It also makes it easier for employers to verify the qualifications of potential hires.
For homeowners, BOSTA provides peace of mind. By checking the qualifications of a tradesperson through the Public Register, you can be confident that the work being done on your property is up to professional standards and complies with legal requirements.
What’s Next for BOSTA?
Since its implementation in 2022, BOSTA has continued to evolve. The Ontario government is committed to modernizing the skilled trades system, making it more accessible and transparent. There’s a strong focus on streamlining the apprenticeship process, making it easier for people to enter trades and for businesses to hire certified workers.
In the future, expect further improvements in digital services through Skilled Trades Ontario, as well as additional enforcement measures to ensure compliance across all sectors of the skilled trades.
The Building Opportunities in the Skilled Trades Act, 2021 is reshaping Ontario’s skilled trades landscape, ensuring that only qualified professionals perform critical jobs. Whether you’re an employer, an apprentice, or someone looking to hire skilled tradespeople, understanding BOSTA is key to staying compliant with the law and avoiding penalties.
By using resources like the Skilled Trades Ontario Public Register and keeping proof of certification or exemption on hand, you can navigate Ontario’s skilled trades system with confidence.
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