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The Certified Occupations Act

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S.M. 2015, c. 28

Bill 18, 4th Session, 40th Legislature

The Certified Occupations Act

(Assented to November 5, 2015)

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

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"board" means the Certified Occupations Board established under section 5. (« Conseil »)

"certificate" means a certificate issued by the director under section 4. (« certificat »)

"certified occupation" means an occupation that is prescribed as a certified occupation under section 2. (« profession reconnue »)

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act. (« directeur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"provider" means a person or other entity that provides a training program approved by the director. (« fournisseur »)

CERTIFICATES IN CERTIFIED OCCUPATIONS

Occupations becoming certified occupations

2(1)        Subject to the approval of the minister, the board may, by regulation, prescribe an occupation as a certified occupation.

Certification program

2(2)        A regulation prescribing a certified occupation must establish a certification program for the occupation.

Certification agreements

3(1)        A person who wishes to obtain a certificate must enter into a certification agreement.

Parties

3(2)        The parties to a certification agreement are the person, the person's employer as approved by the director, and the director.

Issuing certificates

4           In accordance with the regulations, the director may issue a certificate in a certified occupation to a person who, in the opinion of the director, successfully completes the certification program for the occupation and meets any other requirements that are prescribed in the regulations.

BOARD

Board established

5           The Certified Occupations Board is hereby established.

Mandate of the board

6           The mandate of the board is to

(a) guide and coordinate the development and recognition of certified occupations in Manitoba;

(b) promote certified occupations; and

(c) advise the minister in respect of the ways in which certified occupations may

(i) enhance employment and career opportunities for people, and

(ii) assist employers to find qualified employees.

Appointment of members

7(1)        The board is to consist of a chair and at least three and not more than seven other members, each appointed by the minister.

Members must be knowledgeable about occupations

7(2)        To be eligible to be appointed as a board member, a person must, in the opinion of the minister, be knowledgeable about training and employment needs and opportunities in areas that may be suitable for inclusion as certified occupations.

Term of office

7(3)        A board member is to be appointed for a term not exceeding three years.

Appointment continues

7(4)        A member whose term expires continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

Limitation on length of service

7(5)        No member may serve for more than six consecutive years.

Establishing committees

8(1)        Subject to the approval of the minister, the board may establish one or more committees and assign to them the functions that it considers appropriate.

Committee membership

8(2)        Members of a committee are to be appointed by the board and may include persons who are not members of the board.

By-laws

9           The board may make any by-laws it considers necessary for the management and conduct of its affairs and for carrying out its mandate under this Act.

Remuneration and expenses

10          The minister may approve the payment of remuneration and reasonable expenses to the members of the board and a committee of the board.

DIRECTOR

Role of director

11(1)       Under the control and direction of the minister, the director is responsible for

(a) the general administration of this Act;

(b) assisting the board in carrying out its mandate;

(c) exercising the powers and performing the duties of the director under this Act;

(d) advising the minister respecting the administration of this Act; and

(e) performing any other duties assigned by the minister.

Delegation

11(2)       The director may delegate to a person employed in the same department as the director the exercise of any power, duty or function of the director.

Forms

11(3)       The director may approve forms for use in the administration of this Act — including the form of a certification agreement under section 3 — and may require them to be used.

Actions of director

12(1)       Subject to the regulations, the director may

(a) establish or approve program standards and requirements for certified occupations;

(b) recognize or approve training programs for certified occupations;

(c) establish eligibility requirements for people who seek to obtain a certificate in a certified occupation and for employers;

(d) approve employers for the purpose of certification agreements;

(e) register certification agreements;

(f) assess the prior learning and work experience of persons to determine if they meet some or all of the requirements for certification without having completed a training program approved by the director, the work experience prescribed by regulation, or both; and

(g) set and administer examinations.

General inspection powers

12(2)       The director may carry out any inspection, examination or test of the premises, equipment and training facilities of an employer or a provider reasonably required to

(a) verify the accuracy or completeness of a record or other information provided to the director;

(b) determine compliance with this Act or the regulations; or

(c) perform any other duty or function that the director considers necessary or advisable in the administration of this Act and the regulations.

GENERAL PROVISIONS

No conflict

13          An occupation is not eligible to be, or continue to be, prescribed as a certified occupation by regulation if it is

(a) a designated trade under The Apprenticeship and Certification Act;

(b) designated by the Canadian Council of Directors of Apprenticeship (CCDA) for inclusion in the Interprovincial Standards Red Seal Program; or

(c) a profession, trade or occupation regulated by a college, association, society or similar entity established or continued under an enactment.

Regulations re occupations

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

(a) respecting the activities that constitute a certified occupation;

(b) respecting the requirements of a certification program for a certified occupation, including the work experience and approved training program, if any, that a person must complete in order to be eligible to write a certification examination for the certified occupation;

(c) respecting certification examinations;

(d) respecting eligibility requirements for, and the responsibilities of, people who seek to obtain a certificate in a certified occupation and the employers who employ them;

(e) respecting certification agreements, including the agreements being registered by the director and when certification agreements may be suspended or cancelled by the director;

(f) respecting the rate of wages for persons engaged in certification programs;

(g) establishing eligibility requirements for training programs that may be approved by the director and terms and conditions that must be met by providers;

(h) respecting the issuance of certificates for certified occupations;

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

Regulations made by the minister

15          The minister may make regulations

(a) establishing a dispute resolution process to be followed if there is a disagreement about

(i) the director's refusal to issue a certificate to a person,

(ii) the director's refusal to permit a person to undertake a certification examination, or

(iii) any other type of decision of the director specified in the regulation;

(b) prescribing fees, costs and other amounts charged or payable in respect of this Act, or the manner of calculating them;

(c) requiring the payment, and permitting the waiver and refund, of fees, costs and other amounts.

Consequential amendments, C.C.S.M. c. A110

16(1)       The Apprenticeship and Certification Act is amended by this section.

16(2)        The definitions "designated occupation" and "occupational certificate" in section 1 are repealed.

16(3)        Section 6 is amended

(a) in clauses (1)(b) and (c), by striking out "or designated occupations"; and

(b) in subsection (2), by striking out "or occupations,".

16(4)       Section 10 is amended

(a) in subclause (3)(b)(ii), by striking out "or occupation";

(b) in subsection (4), by striking out "and designated occupations" wherever it occurs; and

(c) in subsection (6),

(i) in the part before clause (a), by striking out "or designated occupation", and

(ii) in clauses (a) and (b), by striking out "or occupation".

16(5)       Section 11 is amended

(a) in subsection (1), by striking out "or designated occupation" and "or designated occupations"; and

(b) in clause (2)(b), by striking out

(i) "or designated occupation," wherever it occurs, and

(ii) "or designated occupations" wherever it occurs.

16(6)       Section 12 is amended

(a) by repealing clause (1)(b); and

(b) by replacing subsection (2) with the following:

Consultations by provincial advisory committee

12(2)       A provincial advisory committee must seek input from employers and employees in the applicable trade before it makes recommendations under clause (1)(a).

16(7)       The heading for Part 5 is amended by striking out "AND OCCUPATIONS".

16(8)       The centred heading before section 18 is amended by striking out "AND OCCUPATIONS".

16(9)       Section 19 is repealed.

16(10)      Section 20 is amended in the part before clause (a) by striking out "or an occupational certificate".

16(11)      Section 41 is amended

(a) in clause (1)(a), by striking out "or an occupational certificate"; and

(b) by striking out "or designated occupation" wherever it occurs.

16(12)      Subsection 42(2) is amended by striking out "and certification programs in designated occupations".

16(13)      Subsection 46(1) is amended

(a) in clause (d), by striking out "(Red Seal) Program" and substituting "Red Seal Program";

(b) by repealing clause (j); and

(c) in clause (s), by striking out "or occupational certificates".

C.C.S.M. reference

17          This Act may be referred to as chapter C48 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

18          This Act comes into force on the day it receives royal assent.