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3rd Session, 40th Legislature

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Bill 33

THE APPRENTICESHIP EMPLOYMENT OPPORTUNITIES ACT (PUBLIC WORKS CONTRACTS)


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

Definitions

1           The following definitions apply in this Act.

"apprentice" means a person who is engaged in an apprenticeship program under The Apprenticeship and Certification Act. (« apprenti »)

"authority" means

(a) the Government of Manitoba;

(b) a prescribed reporting organization, as defined in The Financial Administration Act;

(c) a prescribed municipality; and

(d) any other prescribed public sector entity. (« autorité »)

"contractor" includes a subcontractor. (« entrepreneur »)

"prescribed" means prescribed by a regulation made under this Act. (version anglaise seulement)

"public works contract" means a contract awarded by an authority for the construction, extension, enlargement, repair, maintenance or improvement of a building, structure or other work, and includes the acquisition — by purchase, lease or otherwise — by an authority of such a public work specifically constructed for the purpose of that acquisition.  (« marché de travaux publics »)

Purpose

2           The purpose of this Act is to ensure that, where appropriate, public works contracts provide apprenticeship employment opportunities.

Application

3           A public works contract is subject to this Act if work performed under the contract falls within the scope of one or more designated trades, as defined in The Apprenticeship and Certification Act.

Apprenticeship policy

4(1)        In accordance with this section, an authority must develop and implement a policy respecting the employment of apprentices by contractors who enter into public works contracts with the authority.

Content of policy

4(2)        Subject to subsection (3) and the regulations, an apprenticeship policy must provide

(a) that a public works contract is not to be awarded to a contractor unless the contractor has employed apprentices during the preceding period specified in the policy; and

(b) that a public works contract contain a commitment by the contractor to employ apprentices during the period in which the contractor performs work under the contract, either in the course of that work or otherwise.

Terms and scope of policy

4(3)        In developing an apprenticeship policy, an authority

(a) must consult with persons or bodies that the authority considers appropriate;

(b) must have regard for what is practicable and consistent with sound procurement policy; and

(c) may, subject to the regulations,

(i) limit the application of the policy to classes of public works contracts, given such factors as the cost of the contract, the availability of apprentices or contractors, the timing or scope of the work to be performed and the extent to which the work falls within the scope of a designated trade,

(ii) limit the application of the policy to specified classes of contractors, and

(iii) specify the terms of the commitment required under clause (2)(b), including the consequences of a contractor's failure to fulfill such a commitment.

Policy to be consistent with regulations

4(4)        An apprenticeship policy must be consistent with any regulations made under this Act.

Policy to be publicly available

4(5)        An authority must make its apprenticeship policy available to the public.

Regulations

5(1)        The Lieutenant Governor in Council may make regulations

(a) prescribing a reporting organization, municipality or other public sector entity to be an authority for the purpose of the definition "authority" in section 1;

(b) respecting matters that must be included or not included in an authority's apprenticeship policy;

(c) for the purpose of clause 4(2)(b) and subclause 4(3)(c)(iii), governing the contractual commitment required by contractors;

(d) specifying classes of public works contracts or contractors that are to be covered by an authority's apprenticeship policy;

(e) defining a word or expression that is used but not defined in the Act;

(f) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

Scope and application of regulations

5(2)        A regulation under this Act

(a) may be general or particular in its application; and

(b) may establish classes of authorities, contractors, prospective contractors and public works contracts, and may apply differently to different classes.

Public consultation in regulation development

5(3)        In the formation or substantive review of regulations made under this section, the minister appointed by the Lieutenant Governor in Council to administer this Act must provide an opportunity for public consultation regarding a proposed regulation or amendment.

C.C.S.M. reference

6           This Act may be referred to as chapter A110.5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

7           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Act requires the government and any public sector body designated in the regulations to develop and implement an apprenticeship policy.

Under an apprenticeship policy, only contractors who employ apprentices or have done so within the period the specified by the policy qualify for public works contracts. An authority must also ensure that its public works contracts contain a commitment by the contractor to employ apprentices during the time the contractor performs work.

A policy may include exemptions from these requirements.

The Lieutenant Governor in Council may make regulations respecting the content and application of apprenticeship policies.