Third Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 26
THE APPRENTICESHIP AND CERTIFICATION ACT
Section |
Table of Contents |
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 amendment, 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 |