HomeS.M. 2009, c. 33
Bill 26, 3rd Session, 39th Legislature
The Apprenticeship and Certification Act
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| 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 |
| Back to the Act |
