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The Apprenticeship and Certification Amendment Act

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S.M. 2021, c. 52

Bill 61, 3rd Session, 42nd Legislature

The Apprenticeship and Certification Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Apprenticeship and Certification Act by

providing for the board to submit strategic plans on five-year intervals instead of one-year intervals;

repealing provincial advisory committees and standing committees;

enabling the board to establish committees;

enabling the board to establish apprenticeship programs for voluntary trades and certification programs;

enabling the board to establish standards of technical training and practical experience for certification programs; and

enabling the minister rather than the board to designate trades and occupations and establish apprenticeship programs for compulsory certification trades.

(Assented to May 20, 2021)

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

C.C.S.M. c. A110 amended

1

The Apprenticeship and Certification Act is amended by this Act.

2

Section 1 is amended

(a) by repealing the definitions "provincial advisory committee" and "standing committee";

(b) in the definition "apprentice", by adding "for the purpose of becoming a journeyperson" at the end;

(c) by replacing the definitions "apprenticeship program", "designated occupation", "designated trade", "practical experience" and "technical training" with the following:

"apprenticeship program" means,

(a) for a voluntary trade, the apprenticeship program established for the trade by by-law of the board under clause 8(1)(b); or

(b) for a compulsory certification trade, the apprenticeship program prescribed for the trade in the regulations. (« programme d'apprentissage »)

"designated occupation" means an occupation designated in accordance with section 19.1. (« profession désignée »)

"designated trade" means a trade designated in accordance with section 18. (« métier désigné »)

"practical experience" means the part of an apprenticeship program or certification program in which a person learns the skill of a designated trade or designated occupation through work experience under supervision. (« expérience pratique »)

"technical training" means the part of an apprenticeship program or certification program in which a person receives formal instruction, including instruction about theoretical aspects of the designated trade or designated occupation. (« formation technique »)

(d) by adding the following definitions:

"certification program" means the certification program for a designated occupation established by by-law of the board under clause 8(1)(c). (« programme de reconnaissance professionnelle »)

"voluntary trade" means a designated trade that is not a compulsory certification trade. (« métier à reconnaissance professionnelle facultative »)

3(1)

Subsections 4(1) and (2) are replaced with the following:

Strategic plan

4(1)

The board must submit a five-year strategic plan to the minister with its annual report for 2023 and with every fifth annual report after that.

Content

4(2)

A strategic plan must set out

(a) the board's priorities in advancing its mandate, taking into account the strategic direction of the government in the areas of apprenticeship and training, as communicated to the board by the minister;

(b) the manner in which the board plans to consult with employers, employees, persons who provide technical training and other stakeholders of the apprenticeship system during the term of the strategic plan; and

(c) the manner in which the board plans to address any other matter the minister may require.

3(2)

Subsection 4(4) is repealed.

3(3)

Subsection 4(5) is amended, in the part before clause (a), by striking out "annual".

3(4)

Subsection 4(7) is amended by striking out "annual".

4

Subsection 5(1) is amended by striking out "goals and objectives" and substituting "priorities".

5(1)

Subsection 6(1) is amended

(a) in clauses (b) and (c), by striking out "five members" and substituting "four members";

(b) in clause (d), by striking out "two members who represent" and substituting "one member who represents"; and

(c) by replacing clause (e) with the following:

(e) one non-voting member who represents the interests of persons who provide technical training to apprentices;

5(2)

Subsection 6(5) is replaced with the following:

Term of appointment

6(5)

A member of the board is to be appointed for a term of not more than three years, and no member shall serve for more than 10 consecutive years.

5(3)

Subsection 6(7) is repealed.

6

Sections 8 and 9 are replaced with the following:

By-laws

8(1)

The board may make by-laws

(a) establishing one or more committees under section 9;

(b) establishing apprenticeship programs for voluntary trades in accordance with section 9.1;

(c) establishing certification programs for designated occupations in accordance with section 9.2; and

(d) for any other purpose it considers necessary for the management and conduct of its affairs under this Act.

Disallowing by-law

8(2)

Within 60 days after the board makes a by-law pursuant to clause (1)(b) or (c), the minister may disallow the by-law in whole or in part by written notice to the board. Upon disallowance, the by-law or the disallowed part of it ceases to be in effect and is deemed to be repealed.

Transitional matters

8(3)

The board may address any transitional matters that it considers necessary when making a by-law.

Programs to be public

8(4)

The executive director must ensure that apprenticeship program and certification program by-laws are publicly available on a government website and may publish them in any other form the executive director considers appropriate.

Conflict

8(5)

In the case of a conflict between any provision of this Act or the regulations and a by-law of the board, the provision of the Act or the regulation prevails.

COMMITTEES OF THE BOARD

Committees of the board

9(1)

The board may, by by-law, establish any committees of the board that it considers necessary. When establishing a committee, the board must set out the membership and responsibilities of the committee.

Committee membership

9(2)

A committee established under subsection (1) may be responsible for several trades or occupations if the board is satisfied that the committee will enable employers and employees of each trade or occupation to provide input on standards and requirements for training, certification and upgrading.

Delegation to committee

9(3)

The board may delegate any of its powers or duties, except the power or duty to make a by-law, to a committee of the board.

Composition of committees

9(4)

The board may appoint to any committee of the board one or more persons who are not members of the board but have the necessary expertise to assist the committee in performing its functions.

Remuneration and expenses of committee members

9(5)

The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of a committee, other than members who are employees of the government.

APPRENTICESHIP AND CERTIFICATION PROGRAMS

Apprenticeship program requirements

9.1

An apprenticeship program must

(a) set out the tasks, activities and functions of the trade;

(b) establish the standards and requirements for technical training and practical experience in the trade, including

(i) the length of the apprenticeship program, and

(ii) the minimum number of hours that an apprentice must complete or the length of time that an apprentice must serve within a level of an apprenticeship program;

(c) establish the standards and requirements for certification of a person who has not participated in the apprenticeship program; and

(d) designate the certification examination or practical examination, or both, for the trade.

Certification program requirements

9.2(1)

A certification program must

(a) set out the tasks, activities and functions of the occupation; and

(b) designate the certification examination or practical examination, or both, for the occupation.

Other certification program components

9.2(2)

A certification program may establish standards and requirements for

(a) technical training and practical experience in the occupation, including

(i) the length of the certification program, and

(ii) the minimum number of hours that a person must complete or the length of time that a person must serve within a level of a certification program; and

(b) certification of a person who did not participate in the certification program.

Programs for red seal trades

9.3

An apprenticeship program in respect of a designated trade that has been designated by the Canadian Council of Directors of Apprenticeship for inclusion in the Interprovincial Standards Red Seal Program must not be inconsistent with the Red Seal Occupational Standard or National Occupational Analysis for the trade.

7

Section 10 is repealed.

8

Part 3 (Provincial Advisory Committees and Other Committees) is repealed.

9

Clause 15(1)(a) is amended

(a) by replacing subclause (i) with the following:

(i) to administer, in accordance with the standards and requirements of the board and the regulations, apprenticeship programs, certification programs and training and certification under this Act, and

(b) in subclause (ii), by striking out "the standing committees, provincial advisory committees and other committees" and substituting "its committees".

10

Section 16 is amended

(a) in the part before clause (a), by adding "and the by-laws of the board" after "the regulations"; and

(b) by replacing subclause (b)(v) with the following:

(v) a private vocational institution operated by a registrant under The Private Vocational Institutions Act.

11(1)

Subsection 17(1) is replaced with the following:

Monitoring apprenticeship and certification programs

17(1)

For the purpose of determining whether an apprenticeship program or certification program is being provided in accordance with this Act, the executive director or a person authorized in writing by the executive director may, at any reasonable time,

(a) enter the work site or premises at which a person is working to monitor the work being performed, the supervision being provided and any training taking place in respect of the work; or

(b) enter the work site or premises at which a person is receiving technical training to monitor the technical training being provided.

11(2)

Subsection 17(2) is amended

(a) in the part before clause (a), by striking out "this Act and the regulations" and substituting "this Act, the regulations and the by-laws of the board"; and

(b) in clause (d), by adding "or other person" after "apprentice".

12(1)

Subsection 18(1) is amended by striking out "Subject to the approval of the minister, the board" and substituting "The minister".

12(2)

Subsection 18(2) is repealed.

12(3)

Clauses 18(3)(a) and (b) are amended by striking out "prescribed".

13

Section 19.1 is replaced with the following:

Designation of occupations

19.1(1)

The minister may, by regulation, designate an occupation as a designated occupation, unless the tasks, activities and functions of the occupation are the same as those of a designated trade.

Occupational certificates

19.1(2)

The executive director may issue an occupational certificate in a designated occupation to a person who, in the opinion of the executive director, has

(a) successfully completed the certification program for the designated occupation; or

(b) met the standards and requirements for certification in the designated occupation.

14(1)

Clause 22(2)(a) is amended by striking out "this Act and the regulations" and substituting "this Act, the regulations and the by-laws of the board".

14(2)

The following is added after subsection 22(3):

Effective date of registered agreement

22(3.1)

For a voluntary trade, an apprenticeship agreement that is registered is effective on the day after it is received by the executive director.

14(3)

Subsection 22(5) is amended by striking out "prescribed".

15

Section 28 is amended

(a) by striking out "Subject to the approval of the minister, the board" and substituting "The minister"; and

(b) by striking out ", if the board" and substituting "if the minister".

16

Clause 35(3)(b) of the English version is amended, in the part before subclause (i), by adding "an" after "other than".

17

Subsection 39(2) is replaced with the following:

Debt due to government

39(2)

Any unpaid amount of an administrative penalty is deemed to be a debt due to the government

(a) 30 days after the notice of the penalty is served; or

(b) if the penalty is reviewed or appealed, 30 days after a decision is made to uphold the penalty.

18

Subsection 42(2) is amended by striking out "implement, administer" and substituting "implement or administer".

19

Subsection 46(1) is amended

(a) by replacing everything before clause (b) with the following:

Regulations

46(1)

After consulting with the board, the minister may make regulations

(a) designating a trade for the purposes of subsection 18(1);

(b) in clause (b),

(i) by replacing the part before subclause (i) with the following:

(b) respecting standards and requirements for designated trades, including

(ii) by repealing subclause (v);

(c) by repealing clause (c);

(d) by replacing clause (e) with the following:

(e) respecting apprenticeship agreements, including

(i) the form, content, approval, registration, assignment and termination of apprenticeship agreements, and

(ii) the transfer of an apprenticeship agreement, including the transfer of an agreement to the executive director for the purposes of completing or enrolling in technical training;

(e) by repealing clauses (f) and (g);

(f) by replacing clause (j.1) with the following:

(j.1) designating occupations for the purposes of subsection 19.1(1);

(j.2) respecting standards and requirements for designated occupations, including

(i) the supervision of persons who are engaged in practical experience or technical training,

(ii) examinations for occupational certificates, and

(iii) the issuance of occupational certificates;

(g) in clause (l), by adding the following after subclause (i):

(i.1) prescribing the tasks, activities and functions of the compulsory certification trade,

(i.2) establishing an apprenticeship program for the compulsory certification trade,

(h) in subclause (n)(iv), by striking out "the board" and substituting "the minister"; and

(i) in clause (t), by striking out "by the board".

20

Section 48 and the centred heading before it are repealed.

Transitional — "former Act"

21(1)

In this section, "former Act" means The Apprenticeship and Certification Act as it read immediately before the coming into force of this section.

Transitional — regulations

21(2)

A regulation made under the former Act and in force on the coming into force of this section continues in force as if it were made under The Apprenticeship and Certification Act, as amended by this Act, until the regulation is replaced, repealed or amended.

Transitional — members of board

21(3)

A member of the Apprenticeship and Certification Board who holds office on the coming into force of this section continues to hold office as a member of the board until the member is replaced or reappointed, or the member's appointment is revoked, under The Apprenticeship and Certification Act as amended by this Act.

Transitional — committees

21(4)

On the coming into force of this section,

(a) every provincial advisory committee, standing committee or other committee established by or under the former Act is disestablished;

(b) a person who holds office as a member of such a committee ceases to hold office; and

(c) all rights and obligations of that person in relation to their office are extinguished.

Coming into force

22

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