A Note to 
Cooperative Education Teachers

Revised: December 13, 2001 

Recent legislative changes have necessitated modifications to some of our established cooperative education policies and practices.  In a Question & Answer format, below you’ll find information that will sort and explain these changes as they relate to placements in apprenticeable occupations.         
 NB - This information applies to all cooperative education placements in apprenticeable occupations. 

Why the Changes?

The apprenticeship system in Ontario had not had a major review since 1964.  Until very recently, all apprenticeships in Ontario were regulated by the Trades Qualification and Apprenticeship Act (TQAA).  In January 2000, the Government of Ontario passed the Apprenticeship and Certification Act (ACA).  The ACA did not replace the TQAA – both are in force and regulate apprenticeships within different sectors of the economy.  Apprenticeships within the Construction sector are regulated by the TQAA and those within the Motive Power, Service, and Industrial Manufacturing sectors are regulated by the ACA.  As recently as September, 2001, the TQAA was also amended to address concerns.  These changes are underlined in this document.  The implications for cooperative education placements must be clear to everyone – students, employers, and teachers.   

Which occupations are regulated by the ACA?

The ACA regulates apprenticeships within the Motive Power, Service, and Industrial Manufacturing sectors. This includes: Automotive Service Technicians, Motorcycle Mechanics, Auto Body Repairers, Cooks, Early Childhood Educators, Hairstylists, Network Cabling Specialists, Tool and Die Makers, and Precision Metal Fabricators just to mention some.  The ACA regulates approximately 100 skilled professions including those that are designated as “Restricted Trades”. 

What’s a “Restricted Trade”?

A “Restricted Trade” is one in which some of the skill sets within the profession are “restricted” and therefore, can only be performed by a registered apprentice or journeyperson.  The “Unrestricted Trades” are those where anyone, including a cooperative education student, can perform any of the occupational tasks without having to sign a Training Agreement. 

Which are the “Restricted Trades”?

The Restricted Trades are: Alignment and Brakes Technician, Auto Body and Collision Damage Repairer, Auto Body Repairer, Automotive Electronic Accessory Technician, Automotive Service Technician, Fuel and Electrical Systems Technician, Hairstylist, Motorcycle Mechanic. Transmission Technician, Truck and Coach Service Technician, and Truck Trailer Service Technician. 

How do I find out which of the “skill sets” within each of the Restricted Trades is actually “restricted” to apprentices or journeypeople?

Consult the handout that outlines the “restricted skill sets” for the 11 occupations (see attachment) or call a Training Consultant from the Ministry of Training, Colleges and Universities.  The employer should also be aware of these. 

What do I do if my student will be placed in a “Restricted Trade”?

If your cooperative education student will be performing “restricted skill sets” within any of the Restricted Trades, then the student must be registered as an apprentice.  If he/she is not registered, the student cannot perform any tasks designated as “restricted skill sets” within that occupation.  If the student is not registered to a Training Agreement, he/she can still perform some tasks associated with the profession but, due to health and safety concerns, he/she cannot perform those that are designated as “restricted skill sets”.  In this case, the student may only observe someone performing the skill sets that have been designated as “restricted”. 

But the employer wants the student to perform some of the “restricted skill sets”?

The only way that the student may perform any of the “restricted skill sets” within a Restricted Trade is if he/she is registered as an apprentice. 

What’s the penalty to employers who allow students to perform restricted skill sets without being registered?

Employers are subject to a fine of up to $25,000 if they allow unregistered people to perform restricted skills sets. 

If the employer agrees to sign a Training Agreement with the cooperative education student, does the student have to be paid?

No.  The ACA does not make any provisions or requirements for pay as a necessary element of an apprenticeship.  The student may or may not be paid for his/her cooperative education experience.  However, he/she should be paid for hours worked in excess of those specified in the Work Education Agreement.  

Are there any exceptions to this?

Under the ACA, the only occupation that includes a reference to “remuneration” is that of Hairstyling.  In this, and only this ACA profession, the act states that the apprentice must receive remuneration – which could take the form of a wages, an honorarium, transit fare, etc. 

What if the employer doesn’t want to or is not in a position to sign the student to a Training Agreement?

If the student is not signed to a Training Agreement, he/she can perform only the tasks or skill sets that are not “restricted” to apprentices and journeypeople.  In addition to performing the skill sets that are not restricted, he/she can only observe apprentices or journeypeople performing the “restricted skill sets”. 

Why would the employer want to sign the student to a Training Agreement?

If the employer is now or will be in a hiring mode, he/she may want to register the student immediately.  The employer may also consider signing the student to a Training Agreement to allow him/her to engage in all of the skills sets – both restricted and unrestricted.  Remember that the contract does not bind the employer to the apprentice forever - either the apprentice or the sponsor can terminate the agreement at any time.  Please note that, if the student is registered to a Training Agreement, the workplace trainer must be a journeyperson in the skilled profession. 

What if the occupation is “Unrestricted”?

If the placement is in an occupation that is regulated under the ACA and it is listed as an “Unrestricted Trade”, then the employer doesn’t have to sign the student to a Training Agreement.  It can remain a cooperative education placement and operate like all other coop placements. 

Can the employer register the student even though it is an “Unrestricted Trade”?

Yes, absolutely.  If the employer likes the quality of work that the student demonstrates and wants to retain the student for weekend, summer, full- or part-time employment, it may be in the employer’s interest to do so as soon as possible.  What better way to show his/her support for the student and his/her future and to begin to establish employee loyalty?  The employer is not required to pay the student-apprentice a wage for the time spent in the cooperative education placement but he/she should pay a wage for hours worked in excess of the placement hours.   

Which occupations are regulated by the TQAA?

The TQAA regulates apprenticeships within the Construction sector.  This includes Brick and Stone Masons, Electricians, General Carpenters, Plumbers, Refrigeration and Air Conditioning Mechanics, and Sheet Metal Workers, just to mention some.  The TQAA regulates approximately 30 trades, including those that are designated as “Compulsory Trades”. 

What’s a “Compulsory Trade”?

A “Compulsory Trade” is one in which only an apprentice or journeyperson can perform the skills outlined in the Apprenticeship Training Standard.  OYAP students are the only exception to this requirement.  The “Voluntary Trades” are those where anyone, including a cooperative education student, can perform any of the occupational tasks without having to sign a Contract of Apprenticeship. 

Which are the “Compulsory Trades”?

The Compulsory Trades are: Construction and Maintenance Electrician, Domestic and Rural Electrician, Hoisting Engineer, Plumber, Refrigeration and Air Conditioning Mechanic, Sheet Metal Worker, and Steamfitter. 

What do I do if my student will be placed in a “Compulsory Trade”?

As a result of recent regulatory amendments to the TQAA (See attached memo), co-operative education students who are placed in any of the Compulsory Trades may be registered as apprentices.  The amended regulation has three effects:

1.             to exempt OYAP students participating in Compulsory Trades from the requirement to register as apprentices for the duration of their work placements;

2.                  to provide employers who have registered student apprentices with the discretion to pay wages for the duration of their placements; and, 

3.                   to exempt students participating in OYAP from the journeyperson-apprentice ratio

provisions of the TQAA for the duration of their placements. 

If the employer agrees to sign a Contract of Apprenticeship with my student, does he/she have to pay the student?

No.  As a result of recent regulatory amendments to the TQAA, the employer has the discretion to pay (or not to pay) the student-apprentice. 

What are the WSIB implications?

If students are not earning a salary while at their work placements and once a completed Work Education Agreement form has been signed, WSIB coverage is provided by the Ministry of Education.  If a student is on an employer’s payroll, the employer assumes responsibility for the student’s coverage.  If a student is hired to work hours outside those outlined on the Work Education Agreement all normal trade regulations apply.  For instance, if a student is hired to work in a compulsory construction trade on Saturdays or during the summer (i.e. not accumulating hours toward a secondary school credit), the student must be a registered apprentice, paid the regulated apprentice wage for the trade, and meet the journeyperson-apprentice ratios regulating the trade. 

Why would the employer want to sign the student to a Contract of Apprenticeship?

If the employer is now or will be in a hiring mode, he/she may want to register the student.  Remember that the contract does not bind the employer to the apprentice forever.  Either the apprentice or the trainer can terminate the contract at any time.  Please note that, if the student is registered to a Contract of Apprenticeship, his/her workplace trainer must be a journeyperson in the skilled profession. 

What if the occupation is “Voluntary”?  Does the employer have to pay the student?

If the placement is in an occupation that is regulated under the TQAA and it is listed as a “Voluntary Trade”, then the employer does not have to sign the student to a Contract of Apprenticeship.  Even as a regular cooperative education student, he/she can perform all of the tasks associated with that “Voluntary Trade”.  And, the employer doesn’t have to pay the student a wage. 

Can the employer register the student even though it is a “Voluntary Trade”?

Yes, absolutely.  If the employer likes the quality of work that the student demonstrates and wants to retain the student for weekend, summer, full- or part-time employment, it may be in the employer’s interest to do so as soon as possible.  What better way to show support for the student and his/her future and to begin to establish employee loyalty?  During the hours specified in the Work Education Agreement, pay is at the discretion of the employer. 

What is the co-op teacher’s responsibility regarding health and safety matters?

Each workplace assumes the responsibility of providing a safe work environment with proper safety procedures for all its employees.  Cooperative Education teachers are responsible for the delivery of generic health and safety instruction as per the Cooperative Education policy document.  All students participating in OYAP, whether registered apprentices or not, must have, in their Personalized Placement Learning Plan, all applicable health and safety components of the trade's Training Standard or Schedule of Training.   This ensures that students receive the same high quality health and safety training as demanded of all apprentices.  The employer is responsible for job-specific health and safety training.   Teachers are advised to document particulars of health and safety training, which can be obtained from the employer.   

I’ve spoken to the employer and he/she wants to register the student.  What now?

Complete an Ontario Youth Apprenticeship Program (OAYAP) - Apprenticeship Pre-Registration Form and, as per the instructions on the form, fax back with a Student Data Sheet to Carlos Sousa.  Ensure that the student is at least 16 years old and has earned 16 credits.  Send the originals in the courier.  Carlos will make the necessary contact with the Ministry of Training, Colleges and Universities and ask a Training Consultant to orchestrate the registration process.  Carlos can be reached at the Cooperative Education Department (CEC), at (416) 229-5300 (Ext 2156), via cellular phone at (905) 717-3117, or electronically at carlos.sousa@tcdsb.org. 

You may also contact the Ministry of Training, Colleges and Universities at any of the following Regional Offices: