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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 14

THE ELECTRICIANS' LICENCE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E50 amended

1           The Electricians' Licence Act is amended by this Act.

2           Section 1 is amended

(a) by repealing the definition "helper";

(b) in the English version, by repealing the definition "journeyman";

(c) by replacing the definition "apprentice" with the following:

"apprentice" means an apprentice as defined in The Apprenticeship and Trades Qualifications Act; (« apprenti »)

(d) in the English version, by adding the following definition:

"journeyperson" means a person who holds a valid and subsisting journeyperson electrician's licence issued under this Act; (« compagnon »)

(e) by adding the following definitions:

"designated electrician trade" means a trade that is a designated trade as defined in The Apprenticeship and Trades Qualifications Act, the tasks, activities and functions of which include performing electrical work; (« métier d'électricien désigné »)

"restricted electrical work" means electrical work on electrical equipment that is not connected to an energy source, fuse, breaker or disconnect. (« travaux électriques restreints »)

3           Section 4 is replaced with the following:

General restriction on doing electrical work

4(1)        Except as provided in this section and sections 2 and 14, no person may do electrical work or restricted electrical work.

Persons who may do electrical work

4(2)        The following persons may do the electrical work indicated:

(a) a person who holds a valid licence may do electrical work of the type, and within the limitations, specified in the licence;

(b) a person who has been issued a permit may do electrical work in accordance with the permit and section 7;

(c) subject to section 4.1,

(i) an apprentice in a designated electrician trade may do electrical work described in the tasks, activities and functions of that trade, and

(ii) a person in training to obtain a limited specialized trade electrician's licence may do electrical work with respect to installations directly associated with the trade he or she is regularly employed in.

Persons who may do restricted electrical work

4(3)        The following persons may perform restricted electrical work:

(a) a licensee or permittee;

(b) subject to section 4.1,

(i) an apprentice in a designated electrician trade,

(ii) a person in training to obtain a limited specialized trade electrician's licence,

(iii) a person who is a regular employee at a commercial or industrial premises where the work is performed, and

(iv) a person who is employed as a miner at an underground mine where the work is performed.

Restriction re apprentices

4.1(1)      An apprentice may do electrical work or restricted electrical work only in the presence and under the direct personal supervision of a journeyperson who is continuously employed on the same contract or job as the apprentice.

Restriction re persons in training

4.1(2)      A person in training may do electrical work or restricted electrical work only in the presence and under the direct personal supervision of a licensee who

(a) is licensed to do the electrical work being done by the person in training; and

(b) is continuously employed on the same contract or job as the person.

Restriction re employees

4.1(3)      An employee described in subclause 4(3)(b)(iii) may do restricted electrical work

(a) for no more than 10% of the total number of hours he or she works; and

(b) only in the presence and under the direct personal supervision of a licensee authorized to do electrical work at the commercial or industrial premises where the work is performed.

Restriction re miners

4.1(4)      A miner described in subclause 4(3)(b)(iv) may do restricted electrical work only

(a) on installations within the mine or its head frame; and

(b) in the presence and under the direct personal supervision of a licensee authorized to do electrical work at the mine where the work is being done.

Supervision ratios:  Apprenticeship and Trades Act

4.2         For certainty, subsection 4.1(1) does not limit or restrict the ability of The Apprenticeship and Trades Qualifications Board to prescribe the ratio of apprentices to journeypersons that may be employed by an employer in a designated electrician trade under The Apprenticeship and Trades Qualifications Act.

Eligibility for a licence

4.3         In order to be eligible for a licence, a person must meet the requirements of this Act and the regulations made under this Act.

4           Section 5 is amended

(a) in subclause (a)(i) of the English version, by striking out "his" and substituting "his or her";

(b) by striking out "journeyman" in the English version wherever it occurs and substituting "journeyperson"; and

(c) by repealing clauses (c), (d), (e) and (g).

5           The following is added after section 5:

Renewal of limited construction and limited maintenance electrician's licence

5.1(1)      A person who, before January 1, 2006, is issued a limited construction electrician's licence or a limited maintenance electrician's licence may, on payment of the prescribed fee, be issued a renewal of that licence.

Work authorized by limited construction licence

5.1(2)      A limited construction electrician's licence that is renewed under this section authorizes the holder to do electrical work only on, or in connection with, farm buildings, one-family and two-family residences, and small commercial premises.

Work authorized by limited maintenance licence

5.1(3)      A limited maintenance electrician's licence that is renewed under this section authorizes the holder to do electrical work only on maintenance or repair of existing electrical installations on premises in which the licensee is regularly employed, but not including an extension of, or addition to, such installations.

6(1)        Clause 6(2)(a) of the English version is amended by striking out "vice-chairman" and substituting "vice-chair".

6(2)         Clause 6(2)(a) and subsections 6(6) and (10) of the English version are amended by striking out "chairman" wherever it occurs and substituting "chair".

6(3)        Sections 6, 7 and 19 of the English version are amended by striking out "his" wherever it occurs and substituting "his or her".

6(4)        Sections 6, 7, 10, 12 to 15 and 17 of the English version are amended by striking out "he" wherever it occurs and substituting "he or she".

6(5)        Sections 7, 10, 13, 17 and 19 of the English version are amended by striking out "him" wherever it occurs and substituting "him or her".

6(6)        Section 13 of the English version is amended

(a) in the section heading, by striking out "journeyman's" and substituting "journeyperson's"; and

(b) in the section, by striking out "journeyman" and substituting "journeyperson".

6(7)        The section heading of section 14 in the English version is amended by striking out "journeymen" and substituting "journeypersons".

6(8)        Subsection 15(1) of the English version is amended

(a) by striking out "workmen" and substituting "workers"; and

(b) by striking out "workman" and substituting "worker".

7           Section 16 is replaced with the following:

Employment of unlicensed persons prohibited

16          No person may employ or engage another person to do electrical work or restricted electrical work unless the person employed or engaged is authorized to do that work in accordance with this Act and the regulations made under this Act.

Application of compulsory certification designation

16.1        Subsections 19(2) to (4) (compulsory certification trades) of The Apprenticeship and Trades Qualifications Act do not apply in respect of a person — other than an apprentice — who is authorized to do electrical work or restricted electrical work under section 4, and such a person may continue to do that work even after a designated electrician trade is prescribed under that Act as a compulsory certification trade.

Coming into force

8           This Act comes into force on January 1, 2006.

Explanatory Note

This Bill eliminates "helper" as a category of person who may assist a licensee to perform electrical work.

In place of the helper category,

certain apprentices and persons in training are authorized to perform electrical work under supervision; and

miners and employees at commercial or industrial premises, as well as apprentices and persons in training, are authorized to do defined restricted electrical work under supervision.

The Bill also reduces the types of electrician's licences that may be issued.  Two obsolete types – limited appliance repair and electronic equipment serviceman – are eliminated.  Two other types – limited construction and limited maintenance licences – will no longer be issued after January 1, 2006, but those types of licences issued before that date will continue to be recognized.