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S.M. 2009, c. 33

Bill 26, 3rd Session, 39th Legislature

The Apprenticeship and Certification Act

PART 1
DEFINITIONS
1 Definitions
PART 2
APPRENTICESHIP AND CERTIFICATION BOARD
BOARD
2 Board continued
3 Mandate of the board
4(1) Annual strategic plan
(2) Content
(3) Consultations
(4) Plan to be signed and forwarded to the minister
(5) Ministerial approval of plan
(6) Amendments to plan
(7) Board to make plan public
5(1) Board annual report
(2) Tabling of report
6(1) Composition of board
(2) Members must be knowledgeable about trades
(3) Vice-chairperson
(4) Secretary
(5) Term of appointment
(6) Appointment continues
(7) Limit on terms
(8) Remuneration and expenses
7(1) Quorum at meetings
(2) Voting rights of chairperson
8 By-laws
COMMITTEES OF THE BOARD
9(1) Standing committees
(2) Additional standing committees
(3) Appointments
(4) Non-voting members
10(1) Functions and operations of standing committees
(2) Governance and planning standing committee
(3) Community liaison standing committee
(4) Program standards standing committee
(5) Nominating standing committee
(6) Consultations re members of provincial advisory committees
PART 3
PROVINCIAL ADVISORY COMMITTEES AND OTHER COMMITTEES
11(1) Establishment of provincial advisory committees
(2) Composition
(3) Vice-chairperson
(4) Term of appointment
(5) Appointment continues
(6) Quorum
12(1) Functions of provincial advisory committee
(2) Consultations by provincial advisory committee
13(1) Other committees
(2) Organization and mandate
14(1) Reporting of committees
(2) Remuneration and expenses of committee members
(3) Definition: "committee"
PART 4
EXECUTIVE DIRECTOR
15(1) Responsibilities of executive director
(2) Forms
(3) Delegation
(4) Authorization may be general or conditional
(5) Executive director may continue to act
16 Executive director to recognize and approve programs
17(1) Monitoring apprenticeship programs
(2) Powers of entry and inspection
(3) Removing and returning items
(4) Entry to dwelling requires consent
PART 5
TRADES AND OCCUPATIONS
DESIGNATION OF TRADES AND OCCUPATIONS
18(1) Designation of trades
(2) Apprenticeship program
(3) Certificate of qualification in designated trade
(4) Prior learning assessment — trade qualifications
19(1) Designation of occupations
(2) Occupational certificates
20 Suspension or cancellation of certificates
APPRENTICESHIP AGREEMENTS FOR DESIGNATED TRADES
21(1) Apprenticeship agreements — designated trades
(2) Approved form
22(1) Application to register agreement
(2) Registration of agreements
(3) Agreement of no effect unless registered
(4) Advanced standing previous training and experience
(5) Executive director may suspend or cancel agreement
(6) Termination of agreement
(7) Effect of strike or lockout on agreement
23(1) Assignment of agreement
(2) Transfer of agreement
24 Prohibition of apprenticeship except by agreement
PART 6
COMPULSORY CERTIFICATION TRADES
25(1) Designation of compulsory certification trades
(2) Conditions for recommending compulsory certification
26(1) Prohibition re working in compulsory certification trade
(2) Prohibition on employer
27 Executive director may grant exemptions
28 Prescribed partial exemptions
29(1) Temporary permits
(2) Terms and conditions
(3) Work to be done per terms and conditions
(4) Employer to ensure terms and conditions followed
30(1) Factory production, etc.
(2) Removal of factory exemption
(3) Rescinding order
31 Overlapping trades
INSPECTIONS
32(1) Directors to enforce compulsory certification
(2) Director may be employee of another department
(3) Appointment may be limited to specific trades
33(1) Director's powers re inspectors
(2) Delegation
34(1) Inspections
(2) General inspection powers
(3) Entry into dwelling with consent
(4) Removing and returning items
(5) Warrant for entry into dwelling
(6) Conditions
(7) Identification
COMPLIANCE ORDERS
35(1) Compliance orders
(2) Who may be issued a compliance order
(3) Order stopping work
(4) Oral orders to be reduced to writing
(5) Content of order
(6) Order may be varied
(7) Resumption of work
36(1) Requesting review by director
(2) Director who is to conduct review
(3) Hearing not required
(4) Order remains in effect pending review
(5) Decision of the director
(6) Serving the decision and notice of right to appeal
ADMINISTRATIVE PENALTIES
37(1) Administrative penalty: failure to comply
(2) Imposing penalty
(3) Maximum amount
(4) Notice
(5) Serving the notice
38(1) Appeal of compliance order or administrative penalty to Manitoba Labour Board
(2) Compliance order remains in effect
(3) Administrative penalty is stayed
(4) Notice of hearing
(5) Decision of the labour board
39(1) Payment of administrative penalty
(2) Debt due to government
(3) Certificate registered in court
(4) No offence to be charged if penalty paid
40 Public disclosure of administrative penalties
PART 7
GENERAL PROVISIONS
APPEALS OF DECISIONS MADE BY EXECUTIVE DIRECTOR
41(1) Appeal to appeal board — decisions of executive director
(2) Appointment of appeal board
(3) Composition of appeal board
(4) Criteria for appointment
(5) Notice of hearing date
(6) Executive director is party
(7) Right to be heard
(8) Remuneration and expenses
(9) Decision of appeal board
(10) Notice of appeal board decision
(11) Decision is final
SHARING INFORMATION
42(1) Sharing information
(2) Interpretation: "information"
SERVICE OF DOCUMENTS
43 Service of documents
OFFENCES AND PENALTIES
44(1) Offences
(2) Corporate officers and directors
(3) Certificate evidence
45(1) Penalty: individuals
(2) Penalty: corporations
REGULATIONS
46(1) Regulations re designated trades
(2) Regulations about training and education programs
47 L.G. in C. regulations
TRANSITIONAL PROVISIONS
48(1) Transitional
(2) Members of board and trade advisory committees
(3) Term of members who continue
(4) Trade advisory committees
(5) Members of trade advisory committees
(6) Apprenticeship agreements
(7) Certificates
(8) Regulations — general
(9) Regulations — compulsory certification trades
(10) Regulations — ministerial
CONSEQUENTIAL AMENDMENTS
49(1) Consequential amendments, C.C.S.M. c. E50
(2)
(3)
(4
50 Consequential amendment, C.C.S.M. c. F12
51 Consequential amendment, C.C.S.M. c. G10
52 Consequential amendment, C.C.S.M. c. I10
53 Consequential amendment, C.C.S.M. c. W200
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
54 Repeal
55 C.C.S.M. reference
56 Coming into force

 

 


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