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SNL1999 CHAPTER A-12.1

APPRENTICESHIP AND CERTIFICATION ACT

Amended:

CHAPTER A-12.1

AN ACT TO REVISE THE LAW RESPECTING APPRENTICESHIP AND OCCUPATIONAL CERTIFICATION

(Assented to December 14, 1999)

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Apprenticeship and Certification Act .

1999 cA-12.1 s1

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Definitions

        2. In this Act

             (a)  "apprentice" means a person who has entered into a memorandum of understanding for apprenticeship;

             (b)  "board" means the Provincial Apprenticeship and Certification Board established under this Act;

             (c)  "designated occupation" means an occupation which the board has designated for certification;

             (d)  "director" means the director responsible for apprenticeship and certification appointed under this Act;

             (e)  "employer" includes a provincial, municipal or other public authority and an incorporated or unincorporated organization or association approved by the minister to enter into a memorandum of understanding for apprenticeship;

              (f)  "memorandum of understanding for apprenticeship" means a written agreement entered into in accordance with this Act between a person and an institution or an employer under which the person agrees to learn an occupation based on a mix of in-school and on the job training as outlined in the plan of apprenticeship training;

             (g)  "minister" means the minister appointed under theExecutive Council Act to administer this Act;

             (h)  "plan of apprenticeship training" means a plan of training approved by the minister and the board;

              (i)  "private plans" means a plan of training developed by an employer and approved by the board for the purpose of training in a particular occupation leading to journey person certification;

              (j)  "recognized training institution" means an institution accredited by the board; and

             (k)  "trade qualifier" means a person who meets the requirements as specified by the board.

1999 cA-12.1 s2

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Application

        3. (1) This Act applies to every designated occupation.

             (2)  Notwithstanding subsection (1), the Lieutenant-Governor in Council may, on the recommendation of the board and with the approval of the minister limit the application of this Act.

1999 cA-12.1 s3

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Director to be appointed

        4. The minister shall appoint a director to

             (a)  administer this Act;

             (b)  supervise plans of apprenticeship training; and

             (c)  inspect all training conducted under this Act.

1999 cA-12.1 s4

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Board to be appointed

        5. (1) The Lieutenant-Governor in Council shall appoint a board known as the Provincial Apprenticeship and Certification Board which shall be composed of

             (a)  a chairperson and, in equal representation,

                      (i)  2 or more persons representative of employers,

                     (ii)  2 or more persons representative of employees, and

                    (iii)  2 or more persons not included in the groups named in subparagraphs (i) and (ii); and

             (b)  the director or his or her designate.

             (2)  Appointments under subsection (1) shall be for a 3 year term so that only one person from a representative group shall retire in each year and a person shall not serve more than 2 consecutive terms.

             (3)  The Lieutenant-Governor in Council shall appoint one person alternate representative for each class appointed under subparagraphs (1)(a)(i) to (iii), and

             (a)  appointments shall be for a 3 year period;

             (b)  persons appointed as alternates shall only attend meetings in the absence of regular board members; and

             (c)  alternates attending meetings shall have full voting privileges.

             (4)  In the absence of the chairperson of the board from a meeting of the board, the members of the board who are present may appoint one of themselves to be an acting chairperson of the meeting.

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Expenses of board members

        6. A member of the board shall serve without remuneration and shall be reimbursed by the board for travelling and other expenses reasonably incurred in relation to meetings and the work of the board in accordance with a scale for expenses approved by the minister.

1999 cA-12.1 s6

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Board procedure

        7. (1) The board shall hold a minimum of 4 meetings annually and may hold special meetings when considered necessary by the chairperson or a quorum of the board.

             (2)  The board may fix a quorum for its meetings and adopt rules for its procedure and shall keep a record of its proceedings and of all decisions of the board.

1999 cA-12.1 s7

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Duties of board

        8. The board shall

             (a)  for the purpose of this Act, determine whether an occupation is appropriate for certification and, if so, shall designate that occupation;

             (b)  determine the form and contents of a plan of training and a memorandum of understanding for apprenticeship for a designated occupation;

             (c)  register all apprentices and trade qualifiers and monitor their progress leading to journey person certification;

             (d)  determine and approve the objectives of every course of instruction included in a plan of training;

             (e)  accredit institutions for the purpose of delivering training in a designated occupation;

              (f)  provide for periodic and final examinations of apprentices and trade qualifiers;

             (g)  where required, appoint examining committees to conduct practical examinations for the purpose of paragraph (f) and define the duties of those committees;

             (h)  where evidence supports a finding of fraud by the applicant regarding the issuing of a certificate, revoke the certificate; and

              (i)  determine all disputes arising out of a memorandum of understanding for apprenticeship or a plan of apprenticeship training and its decision shall be final.

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Powers of board

        9. (1) The board may

             (a)  approve assignments of a memorandum of understanding for apprenticeship;

             (b)  approve plans of apprenticeship training;

             (c)  certify a memorandum of understanding of apprenticeship as binding upon the parties to it;

             (d)  with respect to a person who wishes to be an apprentice, assess, evaluate and determine the requirements to complete the period of apprenticeship and may grant credits for

                      (i)  occupational experience, and

                     (ii)  occupational training in a recognized training institution;

             (e)  terminate, cancel or suspend a memorandum of understanding for apprenticeship upon agreement of the parties to it or for proper and sufficient cause in the opinion of the board;

              (f)  approve plans specific to certain employers as private plans;

             (g)  amend, vary or revoke and substitute a plan of apprenticeship training;

             (h)  amend, vary or revoke and substitute a decision made by it;

              (i)  with the approval of the minister, order that a person may not work in a designated occupation, or hold himself or herself out as being a person entitled to work in a designated occupation or sell or offer for sale, or provide his or her services in relation to that occupation to the general public or party other than

                      (i)  a person holding a certificate of qualification issued or recognized by the board,

                     (ii)  a trade qualifier under an arrangement acceptable to the board, and

                    (iii)  an apprentice working under a memorandum of understanding for apprenticeship in accordance with its terms under a plan of apprenticeship approved by the board;

              (j)  issue certificates or diplomas to apprentices and trade qualifiers who complete their training and pass the necessary journey person examinations;

             (k)  appoint advisory committees which shall be equally representative of employers and employees in respect of apprenticeship in occupations and prescribe the duties of those committees;

              (l)  with the approval of the minister, set fees for the purpose of this Act; and

            (m)  subject to the approval of the minister, perform those other functions and do those things that are necessary for the administration of this Act.

             (2)  A plan of apprenticeship approved by the board shall not have as its object nor seek to preclude or limit

             (a)  the opportunity of a prospective apprentice to enter into a memorandum of understanding for apprenticeship; or

             (b)  the ability of an apprentice under a memorandum of understanding for apprenticeship or of a person holding a certificate of qualification issued or recognized by the board in respect of a designated occupation to seek employment in any part of the province in respect of that occupation.

             (3)  A compulsory certification scheme in respect of a designated occupation eliminating the ability of those who do not have a certificate of qualification from carrying on a designated occupation shall not be mandated by the board unless that scheme of certification is, in the opinion of the board, in the public interest and necessary to ensure the protection of the worker, other workers, or the general public including persons who contract for the services in respect of which compulsory certification has been mandated by the board.

             (4)  When a power is exercised by the director under paragraph (1)(i), the board may

             (a)  on its own initiative; or

             (b)  at the request of a person aggrieved by the exercise of that power within 60 days of its being exercised,

review the matter and shall either confirm the action of the director or act anew in the matter as if the power concerned had not been delegated to the director.

1999 cA-12.1 s9

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Delegation to director

     10. The board may, by resolution, delegate to the director the powers and duties under paragraphs 8(c) to (h) and 9(1)(d) to (f) and (h) to (k).

1999 cA-12.1 s10

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Direction by minister

     11. Notwithstanding sections 8, 9 and 10, the minister may direct the board with respect to the development and adoption of a plan of apprenticeship, and with respect to matters related to apprentices, trade qualifiers, compulsory certification in a designated occupation, and the designation of an occupation as a designated occupation, and the board shall comply with the directive of the minister.

1999 cA-12.1 s11

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Agreements

     12. Subject to the Executive Council Act , the minister may enter into those agreements with the Government of Canada, the government of another province, municipalities and other parties that are necessary for the administration of this Act.

1999 cA-12.1 s12

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Offence and penalty

     13. A person who fails to comply with this Act or who violates a memorandum of understanding for apprenticeship, a plan of apprenticeship training or a directive of the board or the minister made under authority of this Act is guilty of an offence and liable on summary conviction to a fine of not less than $250 and not exceeding $1,000 and in default of payment to imprisonment for a period not exceeding 6 months.

1999 cA-12.1 s13

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RSN1990 cA-12 Rep.

     14. The Apprenticeship Act is repealed.

1999 cA-12.1 s14