www.collegeoftrades.ca 655 BAY ST., SUITE 600 TORONTO, ONTARIO M5G 2K4 T 647-847-3000 [email protected]
SUBMISSION TO THE MINISTRY OF HEALTH AND LONG-TERM CARE:
PROPOSED AMENDMENTS TO REGULATION 79/10 UNDER THE LONG-TERM CARE HOMES ACT, 2007
REGULATORY REGISTRY POSTING NUMBER: 12-HLTC020
PREPARED BY:
ONTARIO COLLEGE OF TRADES
DATE: January 31, 2013
Ontario College of Trades 1 31/01/2013
1. Context
The Ontario College of Trades (the College) is pleased to submit a response to the Ministry of Health and
Long-Term Care’s (MOHLTC) posting on the Ontario Regulatory Registry pertaining to proposed
amendments to Regulation 79/10 (the regulation) under the Long-Term Care Homes Act, 2007 (LTC
Homes Act). This submission is limited to MOHLTC’s proposal to amend sections 76 and 78 of the
regulation. These regulatory provisions set out the qualifications necessary to be able to work as a ‘cook’
or as a ‘food service worker’ (FSW) in a long-term care (LTC) home in Ontario.
In preparing this submission, the College consulted with relevant stakeholders knowledgeable in the
industry, the LTC home setting and/or the reasons that led to the establishment of an apprenticeship
program for the trade of Institutional Cook, including former members of the Chef-Cook Industry
Committee (IC). In addition, the College consulted with relevant members of its Divisional Board for the
Service Sector and its Chef-Cook Trade Board. While this submission generally reflects the feedback
received from its stakeholders and divisional and trade board members, the College as regulator of all
trades in the province has ultimately been guided by its legal duty to serve and protect the public
interest.
2. Introduction
2.1 The Ontario College of Trades The College was established in 2009 under the Ontario College of Trades and Apprenticeship Act, 2009
(OCTAA), becoming the first arm’s length, industry-driven regulating body for the trades in North
America. Comprised of a Board of Governors, four Divisional Boards,1 and Trade Boards representing
Ontario’s trades, the College’s governance structure seeks to represent employers and employees from
the various geographic areas of the province.
As a self-regulatory, professional body, the College is based on a membership system. Once the College
begins registering members in 2013, it will have the sole authority to regulate and govern all prescribed
(named) trades in Ontario. Trades are named in a regulation made under OCTAA and are classified as
either compulsory2 or voluntary. The College will establish apprenticeship programs for each trade and
the Ministry of Training, Colleges and Universities (MTCU) will administer them.
1 There is one Divisional Board for each of the following four industry sectors: Construction, Industrial, Motive
Power, and Service. 2 A compulsory trade is a trade that requires anyone practicing the trade to be a member in good standing in the
College in the Apprentices, Journeyperson Candidates or Journeypersons Class in that trade. Only members of the Journeypersons Class receive a Certificate of Qualification (C of Q); members of the other classes of membership receive a Statement of Membership. In other words, the individual must be “certified” to be able to work legally in a compulsory trade.
Ontario College of Trades 2 31/01/2013
As a self-regulatory, professional body similar in nature and mandate to the College of Nurses of Ontario
or the College of Dietitians of Ontario, the College has a duty to serve and protect the public interest.3
The College must carry out its objects in a manner that serves and protects the public interest. For
example, the College will promote compliance with OCTAA. It will also govern its members by having a
complaints and discipline process whereby members of the public will be able to file written complaints
against members of the College regarding allegations of professional misconduct, incompetence or
incapacity.
The College recognizes the importance of pursuing regulatory amendments aimed at safeguarding the
rights of LTC home residents, improving LTC homes’ quality of care and otherwise realizing the
fundamental principle underlying the LTC Homes Act, namely that LTC home residents “may live with
dignity and in security, safety and comfort and have their physical, psychological, social, spiritual and
cultural needs adequately met.”4 Against this backdrop, the College commends MOHLTC’s efforts to
update the qualifications of certain staff in the province’s 430 LTC homes and integrate individuals in the
trade of Institutional Cook into cooking positions in these homes. The Institutional Cook trade was
specifically designed to provide apprentices with the relevant training and qualifications necessary to
prepare food that meets the requirements of the elderly and other vulnerable populations within an
institutional setting.
However, the College is concerned that MOHLTC’s proposed amendments—as they relate to sections 76
and 78 of the regulation—do not adequately protect the health, safety and security of LTC home
residents as they do not require that individuals working as cooks or FSWs in LTC homes be members in
good standing in the College. LTC homes, as part of the health care sector, are highly regulated and
prescriptive environments. While the regulatory framework applicable to LTC homes currently requires
health professionals to be members in good standing in their respective professional colleges, a similar
approach is not followed or proposed with respect to the Cook trades. Requiring those who prepare
food for such vulnerable residents to be members in good standing in the College would not only be
consistent with the overarching regulatory scheme applicable to LTC homes, it would provide additional
assurances of professionalism and competence to their residents while promoting the fundamental
principle in section 1 of the LTC Homes Act. Finally, the College is concerned that the proposed
amendments do not fully integrate individuals at all stages of training and certification in the Cook and
Institutional Cook trades, or address the specific training needs of the Institutional Cook trade by
ensuring that individuals in this trade are able to obtain the skills required to be adequately prepared to
work in LTC homes as cooks.
The College respectfully asks that MOHLTC consider and adopt the College’s regulatory proposal set out
below. As the voice of trades in Ontario, the College is committed to ensuring that we meet the
objectives and goals that have been determined by our stakeholders, our future members and our
governance structure.
3 OCTAA, section 10.
4 Long-Term Care Homes Act, 2007, S.O. 2007, Ch. 8, s. 1 [LTC Homes Act].
Ontario College of Trades 3 31/01/2013
2.2 The College’s Membership System Any individual practicing a trade in Ontario will be able to join one of the College’s five classes of
membership, as appropriate. These classes are: Apprentices, Journeyperson Candidates, Tradespersons,
Journeypersons, and Employers/Sponsors.5 Individuals in compulsory trades must be members in good
standing in the College in order to legally engage in the practice of their trade. An individual is a member
in good standing when the individual’s Statement of Membership or Certificate of Qualification (C of Q)
is valid and is not subject to a suspension or revocation (following, for instance, a finding of professional
misconduct, incompetence or incapacity by the College as part of its Discipline and Fitness to Practise
process).
Apprentices will be required to be members of the College and will be issued a Statement of
Membership in the Apprentices Class if they have entered into a registered training agreement and met
all other membership requirements, including a “good character” requirement.6 When the individual
completes his/her apprenticeship, MTCU will issue him/her a Certificate of Apprenticeship (C of A) in the
trade. At that point, two qualification tracks are possible depending on whether there is a C of Q exam
for the trade:
If there is no C of Q exam for the trade, an individual who holds a C of A (or has qualifications and experience equivalent to a C of A) may go ahead and apply for membership in the Journeypersons Class. If this individual meets all other membership requirements, the College will issue them a C of Q in the Journeypersons Class.
If there is a C of Q exam for the trade, the individual may either write the exam and pursue membership in the Journeypersons Class or join the Journeyperson Candidates Class while he or she prepares for the exam. Membership in the Journeyperson Candidates Class is open to C of A holders and is limited to 12 months. If after the 12 months the individual has not written or passed the exam and he or she is in a voluntary trade, the individual may join the Tradespersons Class (individuals with qualifications and experience equivalent to a C of A in a voluntary trade may also join the Tradespersons Class). Once the individual passes the C of Q exam and if all other membership requirements are met, the College will issue him/her a C of Q in the Journeypersons Class.
As shown by these two alternative qualification tracks, a C of Q exam will not be an indispensable
requirement under OCTAA for obtaining a C of Q in a trade (it was under the previous legislation).
All members of the College will be identified on a public register. Members will be subject to the
College’s Discipline and Fitness to Practise regime which is similar to the regime under the Regulated
Health Professions Act (RHPA). When the College starts accepting members, employers and sponsors of
5 Only members of the Journeypersons Class are issued a certificate of qualification. Members of the Apprentices
Class, Journeyperson Candidates Class, Tradespersons Class, and Employers/Sponsors Class are issued Statements of Membership. 6 Individuals applying for membership in any of the College’s classes of membership must meet the following
general requirements, in addition to any registration requirements specific to the class at hand: (a) apply in accordance with any applicable Board regulations and by-laws [OCTAA, section 37(1)(a) and 37(2)(a)]; (b) meet the “good character” requirement [OCTAA, section 37(4)], and (c) pay all applicable fees, including membership fees [section 37(1)(c) and 37(2)(c)]. See O. Reg. 321/12 (Classes of Members and Registration).
Ontario College of Trades 4 31/01/2013
College members will be welcome (but not required at this time) to join the College’s
Employers/Sponsors Class.
2.3 The Trade of Institutional Cook Institutional Cook was named as a trade under OCTAA as a result of a multiyear process driven by
industry. The trade was specifically designed to train individuals to prepare food in LTC homes,
retirement homes, hospitals, daycare centres, school dining areas, correctional facilities, and corporate
environments. In particular, the Institutional Cook trade was designed to improve the qualifications of
individuals working as cooks in institutional settings in order to support the food needs of the elderly
and other vulnerable populations.7
The apprenticeship program for the Institutional Cook trade requires apprentices: (i) to complete 360
hours of in-school training on which they are evaluated (through a combination of tests and
assignments), and (ii) to master the many skills or competencies of the trade through 3600 hours of on-
the-job training. Sponsors/employers must indicate whether the apprentice has demonstrated
competency in the skills of the trade by signing off on each of them upon successful acquisition.
The training received by apprentices in the Institutional Cook trade is designed to provide them with a
specific set of skills that Cooks and Assistant Cooks do not have. Most notably, an Institutional Cook has
to complete 60 hours of in-school training in Nutrition (45 more hours than a Cook or an Assistant
Cook).8 Further, there is an industry consensus that an individual needs to be certified as an Institutional
Cook in order to work in an LTC home, given the trade’s “many unique competencies.” As noted by the
Chef-Cook IC, “[t]he differences in the workplace regulations, the working environments and the dietary
needs of the individuals served by the Institutional Cook trade were such that certification in one of the
other cook programs did not fully prepare individuals for employment in the Institutional Cook trade.”9
Institutional Cook has been designated as a voluntary trade under OCTAA. Although the trade of
Institutional Cook does not currently have a C of Q exam, the College has plans to develop one in the
near future. Individuals in this trade will be able to obtain a C of Q from the College as soon as the
College starts accepting members. Because the trade of Institutional Cook does not currently have a C of
Q exam, individuals who have completed their apprenticeship in the trade and hold a C of A (or have
qualifications and experience equivalent to a C of A) will be eligible for membership in the
Journeypersons Class of the College and will be issued a C of Q if they have met all other membership
requirements, including the good character requirement. Once a C of Q exam is required to obtain a C of
Q in this trade, C of A holders in the trade of Institutional Cook will be eligible for membership in the
7 Service Delivery Branch, Employment and Training Division, MTCU, “Advisory on INSTITUTIONAL COOK 415D:
New Trade” (1 June 2011). 8 In addition, apprentices in the Institutional Cook trade are required to complete in-school training in many of the
same modules required for Cooks and Assistant Cooks, namely Sanitation, Safety and Equipment (15 hours), Institutional Culinary Techniques (165 hours), Food Theory (45 hours), Institutional Baking Techniques (45 hours), and Professional Communications (30 hours), for a total of 360 hours. 9 Minutes from Chef-Cook Industry Committee (22 July 2011).
Ontario College of Trades 5 31/01/2013
Journeyperson Candidates Class, and subsequently in the Tradespersons Class (membership in these
two classes will be voluntary). These individuals will be eligible to join the Journeypersons Class once
they pass the C of Q exam, provided they have met all other membership requirements.
2.4 Sections 76 and 78 of the Regulation
Section 76(2) of the regulation lists the qualifications required to be hired as a ‘cook’ in an LTC home.
One of those qualifications is a C of Q in the trade of Cook. However, a C of Q in the trade of Institutional
Cook is not currently listed as one of the possible qualifications.
Section 78(4) of the regulation allows a number of individuals to be hired as a ‘food service worker’ in an
LTC home without the requirement to have successfully completed or be enrolled in a Food Service
Worker program. These individuals currently include, for instance, C of Q holders in the trade of Cook as
well as students hired on a seasonal or part-time basis who have successfully completed a food handler
training program, but not apprentices in a trade.
3. MOHLTC’s Proposed Amendments to Sections 76 and 78 of the
Regulation
Having carefully analyzed and considered MOHLTC’s proposed amendments to sections 76 and 78 of the
regulation, the College was pleased to see that MOHLTC is proposing to add Institutional Cooks to the
list of individuals eligible for employment as cooks, as well as journeypersons in the Assistant Cook trade
and apprentices in the Cook trade to the list of individuals allowed to work as FSWs in LTC homes.
However, the College is concerned that MOHLTC’s proposal:
a) would not allow Institutional Cook apprentices to obtain on-the-job training in an LTC home
through employment as FSWs;
b) would fail to account for journeyperson candidates and tradespersons in the trades of Cook and
Institutional Cook;
c) would downgrade the certification required to work as a cook in an LTC home from a C of Q to a
C of A, instead of upgrading it to a valid C of Q (or membership in good standing in the College);
d) would not adequately protect the health, safety and security of LTC home residents as it does
not require that individuals working in the positions of cook or FSW in LTC homes be members
in good standing in the College; and
e) would propose a rigid time limit within which apprentices working as FSWs in an LTC home must
complete their apprenticeship program or be terminated from their employment.
The reasons behind these concerns will be detailed below as the College’s proposal is explained.
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4. The College’s Proposed Amendments to Sections 76 and 78 of the
Regulation
Building upon MOHLTC’s proposed amendments, the College’s proposal is based on the following six
principles (please see Appendix A for the College’s proposed language):
1. Principle #1: Journeypersons in the trades of Cook and Institutional Cook should be able to work as cooks (and as food service workers) in an LTC home
Journeypersons in the trade of Cook are already able to work as cooks (and as FSWs) in an LTC home.
While MOHLTC is proposing to add the trade of Institutional Cook to the list of eligible individuals, it is
also proposing to downgrade the qualifications required from a C of Q (the current requirement under
the regulation) to a C of A. The College commends MOHLTC for proposing to add the trade of
Institutional Cook to section 76 but proposes that both Cooks and Institutional Cooks be required to
have a valid C of Q and be members in good standing in the College (see Principle #5, below).
2. Principle #2: Apprentices in the trades of Cook and Institutional Cook should be able to work as food service workers in an LTC home
MOHLTC is proposing to allow apprentices in the trades of Cook and Assistant Cook to work as FSWs in
an LTC home, but not apprentices in the trade of Institutional Cook. The College proposes that
apprentices in the trade of Institutional Cook be added to the list of individuals allowed to work as FSWs
so that they can receive their on-the-job training in an LTC home. Further, the College proposes that all
apprentices be required to have successfully completed a food handler training program (as defined in
section 78(5) of the regulation). The rationale for this requirement is that apprentices traditionally begin
their apprenticeship program with their on-the-job training, and then go to school. Accordingly, not
every apprentice would have necessarily completed their in-school food safety module by the time they
start working at an LTC home.
If Institutional Cook apprentices are not allowed to work in an LTC home, their chances of completing
the on-the-job portion of their apprenticeship program will continue to be extremely low, and the trade
of Institutional Cook might fail, thus defeating a long, industry-driven process to recognize the unique
nutritional challenges in an LTC facility and to establish a framework to obtain the necessary
qualifications. In addition, despite acknowledging the great potential for the Institutional Cook
apprenticeship program, training delivery agents (TDAs) have been reluctant to run the program without
the necessary regulatory changes (at this time, the program is only offered at Algonquin College and
Fanshawe College). LTC homes represent one of the largest pools of potential employment for
individuals in the Institutional Cook trade.
Including this trade in the regulation would make it clear to prospective apprentices that there are
viable employment opportunities for their apprenticeship. Otherwise, prospective apprentices are
unlikely to enroll in the Institutional Cook apprenticeship program. The Institutional Cook apprenticeship
Ontario College of Trades 7 31/01/2013
program was launched in August 2010. As of December 31, 2012, there were only 24 new registrations
in the Institutional Cook apprenticeship program (a very small number in comparison to the 848 new
registrations in the Cook apprenticeship program), for a total of 28 active apprentices. No apprentices
have completed the program yet. The odds of completion will be increased if apprentices are able to
gain access to on-the-job training opportunities in the province’s 430 LTC homes. Because the
Institutional Cook program is tailored to the needs of LTC homes, allowing apprentices in this trade to
work as FSWs will not only benefit the homes and its residents, it will ensure a strong supply of well-
qualified candidates to work as cooks in LTC homes.
3. Principle #3: Journeypersons in the trade of Assistant Cook should not be able to work as cooks, but only as food service workers in an LTC home. Apprentices in the trade of Assistant Cook should not be able to work as food service workers in an LTC home
MOHLTC is proposing that both apprentices and C of A holders in the trade of Assistant Cook be allowed
to work as FSWs in an LTC home. Given that the trade of Institutional Cook was specifically designed to
meet the unique needs of LTC homes, and in light of feedback received from our stakeholders, the
College proposes that Assistant Cooks have a more limited role in LTC homes. The College agrees with
MOHLTC that journeypersons in the trade of Assistant Cook should not be allowed to work as cooks in
LTC homes. The College also agrees that journeypersons in the Assistant Cook trade should be allowed
to work as FSWs in order to ‘grandparent’ Assistant Cooks who are currently working in LTC homes so
that they do not lose their jobs when the regulation comes into force.
However, the College proposes that Assistant Cook apprentices not be allowed to work as FSWs, given
that the food needs of LTC home residents would be best served if Cook and Institutional Cook
apprentices working as FSWs are the ones supporting the cooks. With the recent establishment of the
Institutional Cook trade, there is no longer a need to rely on the trade of Assistant Cook to fill any gaps
that may exist in institutional settings. Industry recognizes that the trade of Assistant Cook lacks the
unique competencies that Institutional Cooks have (for instance, an Institutional Cook has to complete
60 hours of in-school training in Nutrition; Assistant Cooks only have to complete 15 hours).
The College’s proposal is in line with stakeholders’ view that going forward: (a) Institutional Cook should
be the preferred designation in this kind of setting, (b) individuals in the Institutional Cook trade
(including apprentices, journeyperson candidates, tradespersons and journeypersons) are better
qualified to work in the LTC setting, (c) Assistant Cook journeypersons should be allowed to work as
FSWs, and (d) that it would be best practice for Assistant Cooks who wish to work in this setting to
upgrade their credentials to Institutional Cook.10 This proposal is also in line with the fundamental
principle in section 1 of the LTC Homes Act, as it privileges the qualifications which are most conducive
to ensuring that the food needs of LTC home residents are properly fulfilled.
10
For instance, according to the minutes from its July 22, 2011 meeting, the Chef-Cook Industry Committee recommended that holders of an Assistant Cook C of Q wishing to transfer to the trade of Institutional Cook be required “to complete the in-school curriculum for Institutional Cook and not be exempted.”
Ontario College of Trades 8 31/01/2013
4. Principle #4: Journeyperson Candidates and Tradespersons in the trades of Cook and Institutional Cook should be able to work as food service workers in an LTC home
MOHLTC’s proposal does not account for the existence of two of the College’s classes of membership,
namely the Journeyperson Candidates Class and the Tradespersons Class. The College proposes that
journeyperson candidates and tradespersons in the trades of Cook and Institutional Cook be allowed to
work as FSWs in an LTC home to properly reflect not only the College’s membership system, but also the
alternative qualification tracks set out above.
The trade of Cook is a voluntary trade with a C of Q exam. If journeyperson candidates and
tradespersons are not added to the list of individuals who can work as FSWs in an LTC home, there is a
great risk that once a Cook apprentice obtains their C of A, he or she would be terminated from their
position as a FSW because they would no longer be an ‘apprentice’ as will be required by the regulation,
and would not fall under any of the other scenarios listed in the regulation. Adding journeyperson
candidates and tradespersons to section 78(4) would allow a C of A holder in the Cook trade to join
these classes and continue to work as a FSW prior to passing the C of Q exam—or once they have
written it, until a cook position comes up in the home.
5. Principle #5: Individuals in the trades of Cook, Institutional Cook and Assistant Cook should be required to be members in good standing in the College in order to be able to work as a cook or as a food service worker in an LTC home
While the regulation currently requires that individuals wishing to work as cooks have a C of Q in the
trade of Cook issued by the College, MOHLTC’s proposal would downgrade this certification to
completion of the apprenticeship program, namely to a C of A issued by MTCU. The College is concerned
about this proposal because a C of Q (not a C of A) is the highest certification available to individuals in
the trades of Cook, Institutional Cook and Assistant Cook. Further, requiring a C of A is not sufficient to
protect the public interest and ensure that the health, safety and security of LTC home residents are
safeguarded. By issuing a C of Q in a trade, the College as regulator certifies that its holder is of good
character, has been trained properly and will be able to do the work of the trade. Further, if only a C of A
is required, there will be no incentive for individuals in a trade who wish to work in an LTC home to ever
write a C of Q exam to become certified/members of the College’s Journeypersons Class.
More importantly though, requiring a C of Q (or a Statement of Membership) is not sufficient to protect
the public interest either. At this time, the regulation only requires a C of Q, not a valid C of Q. This
distinction is important: If the College were to suspend or revoke an Institutional Cook’s C of Q because
that member has been found guilty of professional misconduct, that C of Q would no longer be valid, but
its holder would still be able to work in an LTC home because the regulation only requires having a C of
Q—not a valid C of Q. This situation could potentially endanger an LTC home’s already vulnerable
residents and can be avoided by requiring membership in good standing in the College. The College’s
membership system is designed to serve and protect the public interest while building public trust and
confidence in the skilled trades.
Ontario College of Trades 9 31/01/2013
For these reasons, the College proposes that Cooks, Institutional Cooks and Assistant Cooks be required
to be members in good standing in the College in order to be able to work as a cook or a FSW at an LTC
home. By requiring individuals in these trades to be members in good standing in the College, MOHTLC
would ensure consistency in the way the regulation deals with members of regulated professions
working at LTC homes. In particular, it would ensure that the minimum qualifications required of
individuals governed by self-regulatory, professional bodies are the same.
LTC homes, as part of the health care sector, are highly regulated and prescriptive environments. Quite
appropriately, the regulatory framework applicable to LTC homes currently requires physicians,
registered nurses, registered practical nurses, pharmacists and registered dietitians to be members in
good standing in their respective professional colleges.11 A similar approach should be adopted with
respect to the Cook trades in order to promote the fundamental principle in section 1 of the LTC Homes
Act. Requiring those who prepare food for such vulnerable residents to be members in good standing in
the College would not only be consistent with the overarching regulatory scheme applicable to LTC
homes, it would provide additional assurances of professionalism and competence to their residents.
The College also notes that there is no reason why a regulation could not require individuals in a
voluntary trade to be members in good standing in the College as a condition of employment. For
instance, the Ministry of Consumer Services and the Technical Standards and Safety Authority (TSSA)
have seen it fit to amend a regulation under the Technical Standards and Safety Act, 2000 to require
certain individuals in two voluntary trades to hold a valid C of Q issued by the College in order to be
eligible for a TSSA-issued ICE certificate.12
6. Principle #6: An apprentice’s ability to complete the on-the-job portion of their apprenticeship program at an LTC home should not be dependent upon meeting an inflexible time limit
MOHLTC’s proposal would impose a time period during which apprentices working as FSWs in an LTC
home must complete their apprenticeship program or be terminated from their employment—following
the model currently applicable to individuals enrolled in a Food Service Worker program.13 Although
some of the College’s stakeholders may agree with the introduction of a time limit, others are
concerned that apprentices would be negatively and unfairly affected. For instance, apprentices may be
unable to complete their apprenticeship program within the proposed time limits if they take a
maternity/paternity leave, go on sick leave, or have learning or other disabilities, in which case
penalizing them with the loss of their employment may amount to prohibited discrimination. In
addition, courses may not be offered every year by a TDA in a region in close proximity to the
apprentice, particularly in rural areas with minimal populations. As well, apprentices working part-time
will take longer to demonstrate competency in the necessary skill sets.
11
See section 2(1) of the LTC Homes Act, and section 1 of O. Reg. 79/10 (General) under the LTC Homes Act. 12
These voluntary trades are Agricultural Equipment Technician and Heavy Duty Equipment Technician. See sections 1 and 7 of O. Reg. 441/12, which amends section 13 of O. Reg. 215/01 (Fuel Industry Certificates) under the Technical Standards and Safety Act, 2000. This amendment will come into force on April 8, 2013. 13
See section 78(2) of O. Reg. 79/10 (General) under the LTC Homes Act.
Ontario College of Trades 10 31/01/2013
Based on these and other considerations, the College questions the appropriateness of imposing a rigid
time limit that may result in an apprentice losing their job as a FSW in an LTC home regardless of the
circumstances that may have delayed the apprentice’s progress. The College recognizes that having life
apprentices is not in the best interest of the apprenticeship system or the practice of trades, and has a
responsibility to facilitate completion of apprenticeship programs. In fact, like MTCU, the College is
supportive of strategies to increase program completion rates. However, a time limit may not only be an
unfair means to achieve this objective, it may prevent the completion of apprenticeship programs
altogether. Apprentices in this situation would be negatively affected as they would not be able to
complete their on-the-job training unless they found another sponsor—a potentially difficult prospect
for apprentices in rural areas or during times of recession. Moreover, requiring employers in the LTC
sector to terminate apprentices simply because the latter failed to meet a time limit would be contrary
to an employer’s interest in growing from within and keeping the employees they have trained.
Should MOHLTC decide to pursue a time limit in the final regulation, the College respectfully asks that it
be cognizant of the above-mentioned realities, that it provide for a longer time limit (5 years for all
apprentices regardless of trade) to allow for some flexibility, and that it accommodate life circumstances
over which an apprentice may have no control. The College would welcome the opportunity to discuss
this aspect of the proposed amendments before MOHLTC makes a final decision on how to proceed,
with a view to understanding MOHLTC’s objectives and further explaining the College’s perspective and
concerns.
5. Conclusion
The College has carefully analyzed and considered MOHLTC’s proposal and has built upon it in
developing its own proposal. The overarching principle guiding the College’s proposal is its duty to serve
and protect the public interest, whose content in the LTC setting is informed by the fundamental
principle in section 1 of the LTC Homes Act. Language reflecting the College’s proposal can be found in
Appendix A. The College trusts that MOHLTC will consider the College’s concerns and proposal when it
finalizes its amendments to sections 76 and 78 of the regulation. The College is available to discuss any
aspect of this submission with MOHLTC and looks forward to working with MOHLTC as the regulation is
finalized. The College very much appreciates the opportunity to offer comment on MOHLTC’s proposal.
Ontario College of Trades 11 31/01/2013
Appendix A
College’s Proposed Amendments to Sections 76 and 78
O. Reg. 79/10 under the Long-Term Care Homes Act, 2007
Cooks
76. (1) Every licensee of a long-term care home shall ensure that there is at least one cook who works at least 35 hours per week in that position on site at the home. O. Reg. 79/10, s. 76 (1).
(2) The licensee shall ensure that the cook referred to in subsection (1), if hired on or after the day this section comes into force,
(a) has a chef training or culinary management diploma or certificate,
(i) granted by a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002, or
(ii) granted by a registered private career college, for successfully completing a program approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005;
(b) has a diploma or certificate granted in another jurisdiction and has a set of skills that, in the reasonable opinion of the licensee, is equivalent to those that the licensee would expect of a person who has a diploma or certificate provided for in clause (a);
(c) has a certificate of qualification as a Cook issued by the Director of Apprenticeship under the Apprenticeship and Certification Act, 1998, or after Part III of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force, is a member in good standing in the Ontario College of Trades in the Journeypersons Class in the trade of Cook or Institutional Cookby the Registrar of the College under that Act; or
(d) meets the requirement set out in clause 78 (4) (c). O. Reg. 249/10, s. 1.
(3) The licensee shall ensure that the cook referred to in subsection (1), if employed at the home before this subsection came into force,
(a) meets the qualifications required under subsection (2);
(b) has successfully completed a Food Service Worker program at a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002 or a Food Service Worker program provided by a registered private career college and approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005; or
(c) completes a food handler training program as defined in subsection 78 (5) within three months after the coming into force of this subsection unless he or she meets the requirements under clause (a) or (b) sooner. O. Reg. 249/10, s. 1.
Ontario College of Trades 12 31/01/2013
Training and qualifications 78. (1) Every licensee of a long-term care home shall ensure that food service workers hired on or
after the day this section comes into force, other than cooks to whom section 76 applies, have successfully completed or are enrolled in a Food Service Worker program at a college established under the Ontario Colleges of Applied Arts and Technology Act, 2002 or a Food Service Worker program provided by a registered private career college and approved by the Superintendent of Private Career Colleges under the Private Career Colleges Act, 2005. O. Reg. 249/10, s. 2.
(2) The licensee shall cease to employ as a food service worker a person who was required to be enrolled in a program described in subsection (1) if the person ceases to be enrolled in the program or fails to successfully complete the program within three years of being hired. O. Reg. 79/10, s. 78 (2).
(3) The licensee shall ensure that food service workers who were employed at the home before this section came into force, and who do not have the qualifications required under subsection (1), complete a food handler training program within three months after the coming into force of this section, unless they meet the requirements under subsection (1) sooner. O. Reg. 79/10, s. 78 (3).
(4) Subsection (1) does not apply with respect to,
(a) (a) students hired on a seasonal or part-time basis, who have successfully completed a food handler training program;
(b) apprentices under the Apprenticeship and Certification Act, 1998 in the trades of Cook or Institutional Cook, or after Part III of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force, persons who are members in good standing in the Ontario College of Trades in the Apprentices Class in the trade of Cook or Institutional Cook, and who have successfully completed a food handler training program;
(c) persons who are members in good standing in the Ontario College of Trades in the Journeyperson Candidates Class or the Tradespersons Class in the trade of Cook or Institutional Cook, after Part III of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force;
(d) persons who have a certificate of qualification as an Assistant Cook issued by the Director of Apprenticeship under the Apprenticeship and Certification Act, 1998, or after Part III of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force, are members in good standing in the Ontario College of Trades in the Journeypersons Class in the trade of Assistant Cook;
(e) (b) persons who meet the qualifications in subsection 75 (2) or 76 (2); or
(f) (c) persons who have a post-secondary diploma in food and nutrition management or a post-secondary degree in food and nutrition. O. Reg. 79/10, s. 78 (4).
(5) In this section,
“food handler training program” means the food handler training program offered or approved by the
board of health for the public health unit in which the long-term care home is located. O. Reg. 79/10, s.
78 (5).
