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The Apprenticeship and Trades Qualifications Act

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S.M. 1998, c. 54

THE APPRENTICESHIP AND TRADES QUALIFICATIONS ACT


Table of Contents

(Assented to June 29, 1998)

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

DEFINITIONS

Definitions

1         In this Act,

"apprentice" means a person who enters into an apprenticeship agreement with an employer; (« apprenti »)

"apprenticeship agreement" means an agreement entered into by an apprentice and an employer in which the apprentice undertakes to learn a designated trade through apprenticeship training and the employer undertakes to employ the apprentice and provide the apprentice with practical experience and the opportunity to obtain technical training; (« contrat d'apprentissage »)

"apprenticeship training" means training received by an apprentice in a designated trade as required under this Act, and includes practical experience and technical training; (« formation en apprentissage »)

"board" means The Apprenticeship and Trades Qualifications Board continued under section 2; (« Commission »)

"compulsory certification trade" means a designated trade that is specified as a compulsory certification trade in a regulation under section 19; (« métier à reconnaissance professionnelle obligatoire »)

"designated trade" means a trade designated by the board in a regulation under section 15; (« métier désigné »)

"director" means the person appointed as the Director of Apprenticeship and Trades Qualifications under section 14; (« directeur »)

"employer" means a person, corporation, partnership, unincorporated association, or a municipal, provincial or other public authority that enters into an apprenticeship agreement with an apprentice; (« employeur »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"practical experience" means the part of apprenticeship training in which an apprentice works on a job site learning the skills of a designated trade under the supervision of a journeyperson; (« expérience pratique »)

"technical training" means the part of apprenticeship training in which the apprentice receives formal instruction, including theoretical aspects of the designated trade designed to supplement skills acquired through practical experience; (« formation technique »)

"trade advisory committee" means a trade advisory committee established under section 9. (« comité consultatif des métiers »)

THE APPRENTICESHIP AND TRADES QUALIFICATIONS BOARD

Board continued

2         The Apprenticeship and Trades Qualifications Board is continued.

Functions of the board

3         The functions of the board include the following:

(a) to make the regulations respecting trades and apprenticeship provided for in sections 15, 19 and 24;

(b) to advise the minister about

(i) the needs of the Manitoba labour market for skilled workers,

(ii) the training and certification of persons in designated trades,

(iii) the fees to be prescribed under clause 25(a), and

(iv) any other matter about which the minister requests advice;

(c) to develop objectives, standards and requirements for apprenticeship training, and to monitor and assess practical experience offered by employers in designated trades and technical training provided in those trades in Manitoba;

(d) to assess programs of instruction that could be suitable for apprenticeship training in Manitoba;

(e) to establish trade advisory committees for designated trades or groups of related designated trades and establish policies and procedures for those committees;

(f) to consider recommendations made by trade advisory committees respecting the matters described in section 10.

Appointment of board members

4(1)      The board is to consist of 13 members appointed by the minister as follows:

(a) five persons representing the interests of employers;

(b) five persons representing the interests of employees;

(c) two persons representing the public interest;

(d) a chairperson.

Members must be knowledgeable about trades

4(2)      Each member must, in the opinion of the minister, be knowledgeable about designated trades or the needs of the Manitoba labour market for skilled workers.

Term of appointment

4(3)      The term of office of a member must not be more than three years.

Limit on terms

4(4)      After serving for six consecutive years, a member is not eligible to be appointed for a further term until at least three years have elapsed since the end of the member's last term.

After term expires

4(5)      A member whose term expires continues to hold office until reappointed or a successor is appointed.

Vacancies

4(6)      The minister may fill a vacancy on the board by appointing a person to fill the former member's unexpired term.

Remuneration and expenses

4(7)      The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members.

Director as ex officio member and secretary

4(8)      The director is an ex officio non-voting member of the board who is to act as secretary to the board.

Vice-chairperson

4(9)      The minister may designate one of the members of the board as vice-chairperson to act in the place of the chairperson when the chairperson is absent or unable to act or the office is vacant.

Quorum at meetings

5         A majority of the members appointed to the board constitute a quorum at a meeting of the board.

Voting rights of chairperson

6         The chairperson may not vote on a matter before the board except to break a tie vote.

By-laws

7         Subject to the approval of the minister, the board may make any by-laws it considers necessary for the management and conduct of its affairs and for carrying out its functions under this Act.

Staff

8          The minister may provide the board with any staff that it requires to carry out its functions under this Act.

TRADE ADVISORY COMMITTEES

Board may establish trade advisory committees

9         The board may establish a trade advisory committee for a designated trade or a group of related designated trades, or for a trade or group of related trades that the board proposes to designate, to be known as the "Provincial Trade Advisory Committee on (name of trade or trades)", consisting of the members appointed under section 11.

Function of trade advisory committee

10        The function of a trade advisory committee is to make recommendations to the board about the following matters:

(a) the designation of trades and the specification of designated trades as compulsory certification trades;

(b) apprenticeship training in designated trades, including, but not limited to,

(i) the objectives and the form and content of apprenticeship training programs,

(ii) technical training requirements and practical experience requirements for apprenticeship training, and

(iii) the assessment of apprenticeship training programs, including programs of instruction that could be suitable for apprenticeship training in Manitoba;

(c) the qualifications and experience required for certification in a designated trade;

(d) upgrading standards and the endorsement of certificates of qualification of persons who meet those standards;

(e) the content of regulations made or proposed to be made by the board respecting designated trades.

Members

11(1)     Each trade advisory committee is to consist of the following members appointed by the board:

(a) a chairperson;

(b) if the committee is established for one designated trade, at least two persons representing the interests of employers in the designated trade, and the same number of persons representing the interests of employees in that trade;

(c) if the committee is established for a group of related designated trades, at least four persons representing the interests of employers in the group of related designated trades, and the same number of persons representing the interests of employees in that group.

Members must be knowledgeable about trades

11(2)     Each member must, in the opinion of the board, be knowledgeable about the designated trade or group of related designated trades.

Term of appointment

11(3)     The term of office of a member must not be more than three years.

Limit on terms

11(4)     After serving for six consecutive years, a member is not eligible to be appointed for a further term.

After term expires

11(5)     A member whose term expires continues to hold office until reappointed or a successor is appointed.

Vacancies

11(6)     The board may fill a vacancy on a committee by appointing a person to fill the unexpired term of the former member.

Remuneration and expenses

11(7)     The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members.

Vice-chairperson

11(8)     The members of a trade advisory committee shall elect from among themselves a vice-chairperson who shall perform the duties of the chairperson when the chairperson is absent or unable to act or the office is vacant.

Quorum

12        A majority of the members appointed to a trade advisory committee constitutes a quorum at a meeting of the committee.

Staff

13        The minister may provide a trade advisory committee with any staff that it requires to carry out its functions under this Act.

DIRECTOR OF APPRENTICESHIP AND TRADES QUALIFICATIONS

Appointment of director

14(1)     A Director of Apprenticeship and Trades Qualifications and any other employees required for the administration of this Act may be appointed under The Civil Service Act.

Powers and duties of director

14(2)     The director shall carry out the powers and duties assigned to the director under this Act and the regulations, and any other duties assigned by the minister.

Powers of entry and inspection

14(3)     For the purpose of ensuring compliance with this Act and the regulations, the director, or any other person authorized by the minister in writing, may during regular working hours

(a) enter and inspect the premises, equipment and training facilities of an employer;

(b) require an employer to produce a book, payroll or other records; and

(c) inspect, take extracts from, or make copies of records of an employer and inquire into matters that relate to the wages, hours of work, conditions of employment, training or supervision of an apprentice by the employer.

DESIGNATION OF TRADES

Designation of trades

15(1)     Subject to the approval of the minister, the board may by regulation designate, for the whole or any part of the province, a trade as a designated trade, and establish or approve objectives, standards and requirements

(a) for apprenticeship training and certification in the trade; and

(b) for certification in the trade without apprenticeship training.

Description of designated trade

15(2)     A regulation under subsection (1) shall describe the tasks, activities and functions that come within the designated trade.

APPRENTICESHIP AGREEMENTS

Apprenticeship agreements

16        A person who wishes to obtain a certificate of qualification in a designated trade, and an employer who undertakes to employ the person as an apprentice to learn the trade, shall enter into an apprenticeship agreement.

Application to register agreement

17(1)     A party to an apprenticeship agreement shall, in accordance with the regulations, apply to the director to have the agreement registered under subsection (2).

Registration of agreements

17(2)     The director shall register an apprenticeship agreement if he or she is of the opinion that the agreement

(a) complies with the regulations; and

(b) provides for the apprenticeship training required under this Act and the regulations.

Agreement of no effect unless registered

17(3)     An apprenticeship agreement has no effect under this Act unless it is registered by the director.

Credits for previous training and experience

17(4)     Subject to the regulations, the director may grant credits to a prospective apprentice for previous training and experience in the designated trade.

Director may suspend or cancel agreement

17(5)     The director may, by giving written notice to the parties to an apprenticeship agreement, suspend or cancel the registration of the agreement if, in his or her opinion, the apprentice is not receiving the apprenticeship training required under this Act and the regulations.

Termination of agreement

17(6)     A party to an apprenticeship agreement may terminate it without the consent of the other party and must immediately give written notice to the director.

Effect of strike or lockout on agreement

17(7)     The parties to an apprenticeship agreement are deemed not to have contravened the agreement where an apprentice

(a) is lawfully on strike or is lawfully locked out by the employer; or

(b) is unable to work owing to a lawful strike or lawful lockout that affects the employer's place of business.

Assignment of agreement

17(8)     An employer may assign an apprenticeship agreement to another employer, but only with the prior written approval of the director and the consent of the apprentice.

Prohibition of apprenticeship except by agreement

17(9)     No person shall work for an employer as an apprentice in a designated trade except under an apprenticeship agreement, and no employer shall employ a person as an apprentice except under an apprenticeship agreement.

CERTIFICATES OF QUALIFICATION

Director may issue certificates to certain persons

18(1)     Subject to the regulations, the director may issue a certificate of qualification in a designated trade to a person who, in the opinion of the director,

(a) successfully completes apprenticeship training for the trade; or

(b) otherwise meets the standards and requirements established for the trade.

Suspension or cancellation of certificates

18(2)     The director may suspend or cancel a certificate of qualification issued under subsection (1)

(a) if he or she is of the opinion that the holder of the certificate

(i) obtained the certificate as a result of false or misleading statements or information,

(ii) has used the certificate, or allowed the certificate to be used, for an improper purpose, or

(iii) has improperly altered the certificate; or

(b) for any reason specified in the regulations.

COMPULSORY CERTIFICATION TRADES

Board may specify compulsory certification trades

19(1)     Subject to the approval of the minister, the board may by regulation specify, for the whole or any part of the province, that a designated trade is a compulsory certification trade.

Prohibition on practising compulsory certification trade

19(2)     A person shall not practise a compulsory certification trade unless he or she

(a) is a party to an apprenticeship agreement for which an application for registration has been made under subsection 17(1), and the application is pending; or

(b) is engaged in apprenticeship training in the trade under an apprenticeship agreement registered under subsection 17(2);

(c) holds a certificate of qualification issued under subsection 18(1) in respect of the trade and is in compliance with the regulations;

(d) holds a temporary permit issued by the director under section 20 in respect of the trade.

Prohibition on employing unauthorized persons

19(3)     An employer shall not employ a person in a compulsory certification trade if the employer knows, or would reasonably be expected to know, that the person is prohibited from working in the trade under subsection (2).

Director may grant exemptions

19(4)     Subject to the regulations, the director may exempt a person referred to in subsection (2) and an employer referred to in subsection (3) from the application of those provisions.

Temporary permits

20(1)     In accordance with the regulations, the director may issue a temporary permit allowing a person to work in a compulsory certification trade even though he or she does not meet the qualifications in clause 19(2)(a), (b) or (c).

Terms and conditions

20(2)     A temporary permit is valid for the period, and is subject to any terms and conditions, specified in the permit.

APPEALS

Grounds for appeal

21(1)     A person may appeal any of the following decisions made by the director:

(a) the refusal under subsection 17(2) to register an apprenticeship agreement to which the person is a party;

(b) the refusal under subsection 17(4) to grant credits to the person;

(c) the suspension or cancellation under subsection 17(5) of the registration of an apprenticeship agreement to which the person is a party;

(d) the refusal to issue a certificate of qualification to the person under subsection 18(1);

(e) the suspension or cancellation of the person's certificate of qualification under subsection 18(2);

(f) the refusal to issue a temporary permit to the person under section 20;

(g) any other decision specified in the regulations.

Notice of appeal

21(2)     An appeal is to be commenced by filing a notice of appeal with the minister within 30 days after the person is notified in writing of the refusal, suspension or cancellation.

Appeal board

21(3)     For the purposes of hearing an appeal under this section, the minister shall, within 30 days after a notice of appeal is filed, appoint an appeal board consisting of

(a) a person designated by the minister as the presiding officer;

(b) one or two persons representing employers who are, in the opinion of the minister, knowledgeable about the designated trade to which the appeal relates; and

(c) one or two persons representing employees who are, in the opinion of the minister, knowledgeable in the designated trade to which the appeal relates.

Equal number of representatives

21(4)      The number of persons appointed under clauses (1)(b) and (c) must be equal.

Remuneration and expenses

21(5)     The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of the appeal board.

Decision of appeal board

21(6)     An appeal board may, by order, do either of the following:

(a) confirm, vary or rescind the director's decision;

(b) refer the matter back to the director for further consideration in accordance with the appeal board's direction.

Notice of appeal board decision

21(7)     The appeal board shall notify the appellant and the director in writing of its decision.

Decision is final

21(8)     The decision of the appeal board is final and binding.

GENERAL PROVISIONS

Annual report

22(1)     As soon as practicable after March 31 of each year, the board shall prepare and submit to the minister an annual report of its operations during the 12 month period ending March 31.

Tabling report

22(2)     The minister shall lay the report of the board before the Legislative Assembly without delay if it is sitting, and if it is not, shall do so within 15 days after the beginning of the next sitting.

Offence

23        A person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.

Regulations by board

24        Subject to the approval of the minister, the board may make regulations

(a) governing the objectives, standards and requirements for apprenticeship training, including

(i) the age, qualifications and other eligibility requirements for apprentices,

(ii) eligibility requirements for employers,

(iii) the responsibilities of apprentices and employers,

(iv) the ratio of apprentices to journeypersons that may be employed by an employer,

(v) the hours of work and rate of wages for apprentices,

(vi) the granting of credit to a prospective apprentice for previous training or experience,

(vii) the term of the training,

(viii) the documentation of the progress of an apprentice through the training,

(ix) the examination of apprentices, and

(x) standards of achievement;

(b) respecting the form, content, process for approval, registration and termination of apprenticeship agreements;

(c) respecting objectives, standards and requirements for certification without apprenticeship training;

(d) for the purpose of clause 18(2)(b), specifying reasons for suspending or cancelling certificates of qualification;

(e) respecting the conditions under which certificates of qualification may be issued;

(f) respecting upgrading standards and the endorsement of certificates of qualification of persons who meet those standards;

(g) requiring certificates of qualification to be displayed in the workplace;

(h) for the purpose of a compulsory certification trade,

(i) respecting the terms and conditions under which persons are authorized to practise in the trade, including, but not limited to, minimum hours of work in the trade and upgrading requirements,

(ii) governing periods of time for which authorizations to practise are valid, and

(iii) governing the circumstances under which the director may suspend or cancel the right to practise in the trade;

(i) respecting exemptions under subsection 19(4) (compulsory certification trades);

(j) respecting the issuance and cancellation of temporary permits under section 20;

(k) respecting training, standards and certification for trades designated by the Canadian Council of Directors of Apprenticeship, including the issuance of red seals and the recognition of red seals issued by other provinces under the Council's Interprovincial Standards (Red Seal) Program;

(l) respecting any matter considered by the board to be necessary or advisable to carry out the intent and purpose of this Act.

Regulations by minister

25        The minister may make regulations

(a) prescribing a schedule of fees that may be charged under this Act;

(b) specifying decisions of the director that may be appealed to the appeal board, in addition to those in subsection 21(1);

(c) respecting the procedures to be followed in appeals conducted under section 21.

Transitional

26(1)      In this section, "former Act" means The Apprenticeship and Trades Qualifications Act, R.S.M. 1987, c. A110.

Members of board and trade advisory committees

26(2)      A member of the board or a trade advisory committee in office on the coming into force of this Act continues as a member until replaced or reappointed under this Act.

Apprenticeship agreements

26(3)      An apprenticeship agreement registered under the former Act and in effect on the coming into force of this Act is deemed to be an apprenticeship agreement registered under this Act.

Certificates

26(4)      A certificate issued, recognized or continued under the former Act and in effect on the coming into force of this Act is deemed to be a certificate issued under this Act.

Regulations

26(5)      A regulation made under the former Act that is in force on the coming into force of this Act continues in force as if made under this Act until replaced, repealed or amended under this Act.

Repeal

27        The Apprenticeship and Trades Qualifications Act, R.S.M. 1987, c. A110, is repealed.

C.C.S.M. reference

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

Coming into force

29        This Act comes into force on a day fixed by proclamation.