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This version is current as of June 29, 2015.
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C.C.S.M. c. A110

The Apprenticeship and Certification Act

(Assented to October 8, 2009)

WHEREAS a highly skilled workforce is vital to Manitoba's economic prosperity;

AND WHEREAS participants in the apprenticeship and certification system are trained and have their skills certified in accordance with provincial and national standards;

AND WHEREAS Manitoba's continued participation in and support for the Interprovincial Standards Red Seal Program is beneficial for both employers and skilled workers;

AND WHEREAS the apprenticeship and certification system must be accessible and relevant and responsive to the needs of Manitobans;

AND WHEREAS ensuring that the apprenticeship and certification system continues to meet those needs requires the collaboration of employers and employees, as well as educational institutions and the government;

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

PART 1

DEFINITIONS

Definitions

1           The following definitions apply in this Act.

"apprentice" means a person who is engaged in an apprenticeship program under this Act. (« apprenti »)

"apprenticeship program" means a prescribed program of technical training and practical experience in a designated trade performed under a registered apprenticeship agreement. (« programme d'apprentissage »)

"board" means the Apprenticeship and Certification Board continued under section 2. (« Commission »)

"certificate of qualification" means a certificate of qualification issued under subsection 18(3). (« certificat professionnel »)

"compulsory certification trade" means a designated trade that is prescribed as a compulsory certification trade under section 25. (« métier à reconnaissance professionnelle obligatoire »)

"designated occupation" means a trade that is prescribed as a designated occupation under section 19 and for which no apprenticeship program is established. (« profession désignée »)

"designated trade" means a trade that is prescribed as a designated trade in a regulation under section 18 and for which an apprenticeship program is established. (« métier désigné »)

"education program" means an educational program provided to a student by

(a) a university, as defined in section 1 of The Advanced Education Administration Act; or

(b) an institution described in clause 16(b). (« programme d'études »)

"employer" means a person, partnership, organization or unincorporated association, or a municipal, provincial or other public authority, that has entered into an apprenticeship agreement with an apprentice. (« employeur »)

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

"journeyperson" means a person who holds a certificate of qualification in a designated trade. (« compagnon »)

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

"occupational certificate" means an occupational certificate issued under subsection 19(2). (« certificat d'aptitude professionnelle »)

"practical experience" means the part of an apprenticeship program in which an apprentice works at a work site learning the skills of a designated trade while under the prescribed supervision. (« expérience pratique »)

"prescribed" means prescribed by regulation under this Act. (version anglaise seulement)

"provincial advisory committee" means a provincial advisory committee established under subsection 11(1). (« comité consultatif provincial »)

"regulation" means a regulation made under this Act. (« règlement »)

"standing committee" means a standing committee established under section 9. (« comité permanent »)

"technical training" means the part of an apprenticeship program in which an apprentice receives formal instruction, including instruction about theoretical aspects of the designated trade, designed to supplement skills acquired through practical experience. (« formation technique »)

S.M. 2014, c. 29, Sch. B, s. 3(2).

PART 2

APPRENTICESHIP AND CERTIFICATION BOARD

BOARD

Board continued

2           The Apprenticeship and Trades Qualifications Board is continued as the Apprenticeship and Certification Board.

Mandate of the board

3           The mandate of the board is to

(a) guide and coordinate an apprenticeship training and certification system in Manitoba that is relevant, accessible and responsive;

(b) promote apprenticeship training and certification as a way for Manitobans to enhance their employment and career opportunities;

(c) support employer and employee participation in learning, skills development and certification;

(d) advise the minister in respect of

(i) the needs of Manitobans who are seeking to develop their skills and obtain high quality training, and

(ii) the present and future needs of the Manitoba labour market for skilled and trained persons; and

(e) participate in interprovincial apprenticeship initiatives so as to maintain Manitoba's apprenticeship training and certification system in good standing with respect to interprovincial standards for training and certification and related matters.

Annual strategic plan

4(1)        The board must prepare and submit to the minister an annual strategic plan for the 12-month period beginning April 1 of each year.  The strategic plan must be submitted to the minister on or before the date specified by the minister.

Content

4(2)        The board's annual strategic plan must

(a) set out the board's goals and objectives for the period, taking into account the strategic direction of the government in the area of apprenticeship and training, as communicated to the board by the minister;

(b) identify performance measures specific to the goals and objectives set out in the plan; and

(c) contain any other information required by the minister.

Consultations

4(3)        In preparing its strategic plan, the board must provide opportunities for consultation with and seek advice and recommendations from representatives of employers, employees, persons who provide technical training and anyone else the board considers appropriate.

Plan to be signed and forwarded to the minister

4(4)        The board's annual strategic plan must be signed by the chairperson of the board and submitted to the minister by the date set by the minister.

Ministerial approval of plan

4(5)        Upon receipt, the minister must approve the annual strategic plan if he or she is satisfied that it is in keeping with

(a) the mandate of the board; and

(b) the strategic direction of the government in the areas of apprenticeship and training.

Amendments to plan

4(6)        A strategic plan may be amended, but only with the approval of the minister.

Board to make plan public

4(7)        The board must make its annual strategic plan publicly available.

S.M. 2010, c. 33, s. 1.

Board annual report

5(1)        Not later than four months after the end of the government's fiscal year, the board must prepare and provide the minister with an annual report on its activities for the 12-month period ending March 31. The report must include a status report on the achievement of the goals and objectives set out in its strategic plan for the 12-month period.

Tabling of report

5(2)        The minister must table the annual report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Composition of board

6(1)        The board is to consist of the following members appointed by the minister:

(a) a member who is the chairperson;

(b) five members who represent the interests of employees in designated trades or designated occupations;

(c) five members who represent the interests of employers in designated trades or designated occupations;

(d) two members who represent the interests of the public;

(e) one member who is an apprentice, who is a non-voting member;

(f) the executive director, who is a non-voting member.

Members must be knowledgeable about trades

6(2)        Each member must, in the opinion of the minister, be knowledgeable about designated trades or occupations, or the needs of the Manitoba labour market for skilled and trained persons.

Vice-chairperson

6(3)        The minister may designate one of the members of the board as vice-chairperson to act in the place of the chairperson when the chairperson is absent or unable to act or the office is vacant.

Secretary

6(4)        The executive director is to act as secretary to the board.  The minister may designate an employee of the government who is under the administration of the minister to act as secretary when the executive director is absent or unable to act or the office is vacant.

Term of appointment

6(5)        Members of the board are to be appointed for the term fixed in the order appointing them, which for members other than the apprentice must not exceed three years.  The term of appointment for the apprentice must not exceed two years.

Appointment continues

6(6)        A member continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed.

Limit on terms

6(7)        A member of the board is eligible for reappointment, but after serving for six consecutive years is not eligible to be appointed for a further term until at least one year has passed since the end of the member's last term.

Remuneration and expenses

6(8)        The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of the board.

Quorum at meetings

7(1)        A majority of the members appointed to the board constitute a quorum at a meeting of the board.

Voting rights of chairperson

7(2)        The chairperson may vote to break a tie vote, but otherwise may not vote on a matter before the board.

By-laws

8           Subject to the approval of the minister, the board may make any by-laws it considers necessary for the management and conduct of its affairs and for carrying out its functions under this Act.

COMMITTEES OF THE BOARD

Standing committees

9(1)        The board shall by by-law establish the following standing committees:

1.

A governance and planning standing committee.

2.

A community liaison standing committee.

3.

A program standards standing committee.

4.

A nominating standing committee.

Additional standing committees

9(2)        The board may, by by-law, establish additional standing committees as it considers necessary, and assign to them the functions that it considers appropriate.

Appointments

9(3)        The board must appoint from among its members the members of each standing committee.

Non-voting members

9(4)        A non-voting member of the board who is appointed to a standing committee is a non-voting member of the committee.

Functions and operations of standing committees

10(1)       Subject to this section, a by-law establishing a standing committee must provide for the committee's functions and operation.

Governance and planning standing committee

10(2)       The role of the governance and planning standing committee is to

(a) advise the board with respect to the board's annual strategic plan and annual report; and

(b) perform functions that are assigned to it by the board.

Community liaison standing committee

10(3)       The role of the community liaison standing committee is to

(a) serve as a liaison between the board and representatives of employers, employees, persons who provide training, including technical training, and other participants in the apprenticeship system;

(b) advise the board

(i) about Manitoba's needs for skilled and trained persons, and

(ii) as to whether, to meet those needs effectively and efficiently, a trade or occupation should be designated or its designation should be rescinded; and

(c) perform functions that are assigned to it by the board.

Program standards standing committee

10(4)       The role of the program standards standing committee is to

(a) make recommendations to the board about

(i) the development and revision of apprenticeship programs, including content, training standards and examinations,

(ii) the qualifications required for certification in designated trades and designated occupations and for upgrading qualifications, and

(iii) the content of regulations made or proposed to be made respecting designated trades and designated occupations; and

(b) perform functions that are assigned to it by the board.

Nominating standing committee

10(5)       The role of the nominating standing committee is to

(a) establish and maintain a list of potential candidates for appointment to provincial advisory committees and other committees established by the board; and

(b) perform functions that are assigned to it by the board.

Consultations re members of provincial advisory committees

10(6)       When establishing a list of potential candidates for appointment to a provincial advisory committee for a designated trade or designated occupation, the nominating standing committee must

(a) consult with representatives of employers and employees in the trade or occupation; and

(b) ensure that each candidate selected is associated with and knowledgeable about the trade or occupation.

PART 3

PROVINCIAL ADVISORY COMMITTEES AND OTHER COMMITTEES

Establishment of provincial advisory committees

11(1)       The board may establish a provincial advisory committee for a designated trade or designated occupation or for two or more designated trades or designated occupations that are related.

Composition

11(2)       From a list of candidates proposed by the nominating standing committee, the board must appoint at least five but not more than nine members to each provincial advisory committee, as follows:

(a) a chairperson;

(b) an equal number of

(i) members who represent the interests of persons who are employees in the designated trade or designated occupation, or group of designated trades or designated occupations, and

(ii) members who represent the interests of employers of persons employed in the designated trade or designated occupation, or group of designated trades or designated occupations.

Vice-chairperson

11(3)       A provincial advisory committee must elect from among its members a vice-chairperson and, in the event of the absence or incapacity of the chairperson or if the office of chairperson is vacant, the vice-chairperson has the duties and functions of the chairperson.

Term of appointment

11(4)       A member of a provincial advisory committee is to be appointed for a term not exceeding three years.

Appointment continues

11(5)       A member continues to hold office until he or she is reappointed, the appointment is revoked or a successor is appointed.

Quorum

11(6)       A majority of the members appointed to a provincial advisory committee constitutes a quorum at a meeting of the committee.

Functions of provincial advisory committee

12(1)       A provincial advisory committee

(a) for a designated trade or group of trades is to make recommendations to the board about

(i) the standards and requirements for training and certification, and for upgrading, in the trade or trades, and

(ii) the content of regulations made or proposed to be made by the board respecting the trade or trades;

(b) for a designated occupation or group of occupations is to make recommendations to the board respecting the standards and requirements for certification in the occupation or occupations; and

(c) is to perform functions that are assigned to the committee by the board.

Consultations by provincial advisory committee

12(2)       Before it makes recommendations under clause (1)(a) or (b), a provincial advisory committee must seek input from employers and employees in the applicable trade or occupation.

Other committees

13(1)       The board may establish a committee to advise the board or a provincial advisory committee about matters that come under this Act.

Organization and mandate

13(2)       When a committee has been established under this section, the board may

(a) appoint persons to the committee;

(b) establish the committee's terms of reference; and

(c) assign functions to be performed by the committee.

Reporting of committees

14(1)       A committee may report to the board directly or through one or more standing committees, as specified by the board.

Remuneration and expenses of committee members

14(2)       The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of a committee, other than a member who is an employee of the government.

Definition: "committee"

14(3)       In this section, "committee" means a provincial advisory committee and a committee established under section 13.

PART 4

EXECUTIVE DIRECTOR

Responsibilities of executive director

15(1)       The executive director has the following responsibilities:

(a) subject to the directions of the minister,

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

(ii) to assist and advise the board and the standing committees, provincial advisory committees and other committees in carrying out their functions and activities;

(b) to advise the minister on matters under this Act;

(c) to carry out the responsibilities assigned to the executive director by this Act or the minister.

Forms

15(2)       The executive director may approve forms for use under this Act.

Delegation

15(3)       The executive director may authorize an employee of the government who is under the administration of the minister to do any act or thing that the executive director is required or permitted to do under this Act or the regulations.  The authorization must be in writing.

Authorization may be general or conditional

15(4)       An authorization given under this section may be

(a) general or applicable to a particular case; and

(b) conditional or unconditional.

Executive director may continue to act

15(5)       The executive director may continue to exercise a power or perform a responsibility that he or she has delegated.

Executive director to recognize and approve programs

16          The executive director may, in accordance with the regulations, recognize or approve

(a) a training program for the purposes of technical training; or

(b) for the purpose of clause 26(1)(e), an education program provided by

(i) a college, as defined in section 1 of The Colleges Act,

(ii) a public or private school, as defined in section 1 of The Education Administration Act,

(iii) a regional vocational school established under section 49 of The Public Schools Act,

(iii.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;

(iv) a registered centre as defined in section 1 of The Adult Learning Centres Act, or

(v) a person registered under The Private Vocational Institutions Act to operate a private vocational institution.

S.M. 2014, c. 24, s. 24; S.M. 2014, c. 29, Sch. B, s. 3(2).

Monitoring apprenticeship programs

17(1)       For the purpose of determining whether an apprenticeship program is being provided in accordance with this Act and the regulations, the executive director or a person authorized in writing by him or her may, at any reasonable time, enter the work site or premises at which an apprentice is

(a) working, and monitor the work being performed by the apprentice, the supervision being provided and any training taking place in respect of the work; or

(b) receiving technical training, and monitor the technical training being provided to an apprentice.

Powers of entry and inspection

17(2)       For the purpose of ensuring compliance with this Act and the regulations, the executive director or authorized person may, at any reasonable time,

(a) enter the premises of an employer;

(b) inspect the premises and the equipment and training facilities of an employer;

(c) require an employer to produce a book, payroll or other records; and

(d) inspect, take extracts from, or make copies of records of an employer and inquire into matters that relate to the wages, hours of work, conditions of employment, training or supervision of an apprentice by the employer.

Removing and returning items

17(3)       The executive director or authorized person may remove a record that he or she is entitled to inspect or copy but must give a receipt to the person from whom they were taken and promptly return them when the examination is completed.

Entry to dwelling requires consent

17(4)       The executive director or authorized person shall not enter a dwelling under this section without the permission of an adult resident of that dwelling.

PART 5

TRADES AND OCCUPATIONS

DESIGNATION OF TRADES AND OCCUPATIONS

Designation of trades

18(1)       Subject to the approval of the minister, the board may by regulation designate a trade as a designated trade, and may provide for separate branches or classifications of the trade.

Apprenticeship program

18(2)       A regulation designating a trade must establish an apprenticeship program in the trade.

Certificate of qualification in designated trade

18(3)       The executive director may issue a certificate of qualification in a designated trade to a person who, in the opinion of the executive director, has

(a) successfully completed the prescribed apprenticeship program for the designated trade; or

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

Prior learning assessment — trade qualifications

18(4)       For the purpose of clause (3)(b), the executive director may assess the prior learning and work experience of a person who is not an apprentice to determine if the person meets the requirements for certification without apprenticeship training.

Designation of occupations

19(1)       Subject to the approval of the minister, the board may by regulation designate a trade that is not a designated trade as a designated occupation.

Occupational certificates

19(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 met the prescribed standards and requirements for certification in the designated occupation.

Suspension or cancellation of certificates

20          The executive director may suspend or cancel a certificate of qualification or an occupational certificate

(a) if he or she is of the opinion that the holder of the certificate

(i) obtained the certificate as a result of a false or misleading statement or information,

(ii) has used the certificate, or allowed the certificate to be used, for an improper purpose, or

(iii) has improperly altered the certificate; or

(b) for any other reason specified in the regulations.

APPRENTICESHIP AGREEMENTS FOR DESIGNATED TRADES

Apprenticeship agreements — designated trades

21(1)       A person who wishes to obtain a certificate of qualification in a designated trade, and an employer who undertakes to employ the person as an apprentice to learn the designated trade, must enter into an apprenticeship agreement.

Approved form

21(2)       An apprenticeship agreement must be in the approved form.

Application to register agreement

22(1)       A party to an apprenticeship agreement must, in accordance with the regulations, submit the agreement to the executive director for registration under subsection (2).

Registration of agreements

22(2)       The executive director must register an apprenticeship agreement if he or she is of the opinion that

(a) the agreement and the apprenticeship program to be provided comply with this Act and the regulations; and

(b) the parties to the agreement will carry out their respective responsibilities under the agreement.

Agreement of no effect unless registered

22(3)       An apprenticeship agreement has no effect under this Act until it is registered by the executive director.

Advanced standing previous training and experience

22(4)       Subject to the regulations, the executive director may grant advance standing in an apprenticeship program to an apprentice in recognition of the apprentice's previous training and experience in the designated trade.

Executive director may suspend or cancel agreement

22(5)       The executive director may, by giving written notice to the parties to an apprenticeship agreement, suspend or cancel the registration of the agreement if, in his or her opinion, the work experience and training received by the apprentice fails to comply with the prescribed requirements of the apprenticeship program for the trade.

Termination of agreement

22(6)       A party to an apprenticeship agreement may terminate it without the consent of the other party by giving written notice to the executive director.

Effect of strike or lockout on agreement

22(7)       The parties to an apprenticeship agreement are deemed not to have contravened the agreement where an apprentice

(a) is lawfully on strike or is lawfully locked out by the employer; or

(b) is unable to work owing to a lawful strike or lawful lockout that affects the employer's place of business.

Assignment of agreement

23(1)       An employer may assign an apprenticeship agreement to another employer, but only with the prior written approval of the executive director and the consent of the apprentice.

Transfer of agreement

23(2)       An apprentice may transfer his or her apprenticeship agreement to another employer, but only with the prior written approval of the executive director.

Prohibition of apprenticeship except by agreement

24          No person shall work for an employer as an apprentice except under an apprenticeship agreement, and no employer shall employ a person as an apprentice except under an apprenticeship agreement.

PART 6

COMPULSORY CERTIFICATION TRADES

Designation of compulsory certification trades

25(1)       The Lieutenant Governor in Council may by regulation designate a designated trade as a compulsory certification trade.

Conditions for recommending compulsory certification

25(2)       Before the minister recommends that the Lieutenant Governor in Council designate a trade as a compulsory certification trade, the minister must consult, in the manner the minister determines, with the board and any other person, association or organization the minister considers appropriate, and be satisfied

(a) that the work of the trade is clearly defined;

(b) that the trade will not overlap with or duplicate the work of an existing designated trade, except as prescribed; and

(c) that designating the trade as a compulsory certification trade will result in improved public and worker safety and will benefit Manitoba residents.

Prohibition re working in compulsory certification trade

26(1)       No person shall work in a compulsory certification trade unless he or she

(a) holds one of the following certificates and is in compliance with the applicable regulations:

(i) a certificate of qualification in the trade issued under this Act,

(ii) a certificate issued by another jurisdiction in Canada that authorizes the person to work in the trade in that jurisdiction;

(b) is an apprentice in the trade;

(c) is a party to an apprenticeship agreement in the trade for which an application for registration has been made under subsection 22(1), and the application is pending;

(d) is registered in a training program that is provided in another jurisdiction and that the executive director recognizes as being equivalent to an apprenticeship program in the trade, and the work is being done in accordance with the requirements of that training program;

(e) is a student in an education program, if the student's actions are necessarily incidental to the student obtaining academic credit in the program;

(f) is exempt under section 27;

(g) is permitted under a regulation made under section 28 to work in the trade, subject to any terms, conditions or requirements provided for in the regulations;

(h) holds a temporary permit issued under section 29 in respect of the trade; or

(i) is engaged in factory mass production, in-plant assembly operations or in-plant processing, or operations supporting in-plant processing, under section 30.

Prohibition on employer

26(2)       No employer shall employ a person to work in a compulsory certification trade if the employer knows, or would reasonably be expected to know, that the person is not permitted under this Act to carry out the work.

Executive director may grant exemptions

27          Subject to the regulations, the executive director may exempt a person and an employer from the application of section 26.

Prescribed partial exemptions

28          Subject to the approval of the minister, the board may make regulations permitting a person who is not otherwise permitted under section 26 to work in a compulsory certification trade to carry out specified tasks, activities or functions of the trade, if the board is of the opinion that the work can be performed safely.

Temporary permits

29(1)       In accordance with the regulations, the executive director may issue a temporary permit to a person who is not otherwise permitted under section 26 to work in a compulsory certification trade permitting the person to work in or carry out one or more specified tasks, activities or functions of the trade.

Terms and conditions

29(2)       A temporary permit is valid for the period, and is subject to any terms and conditions, specified in the permit.

Work to be done per terms and conditions

29(3)       A person who has been issued a temporary permit must carry out his or her work in the compulsory certification trade, or carry out the specified tasks, activities or functions of the trade, in accordance with any terms and conditions specified in the permit.

Employer to ensure terms and conditions followed

29(4)       An employer who employs a person under a temporary permit must ensure that the person carries out the work, or the tasks, activities or function specified in the permit, in accordance with any terms and conditions specified in the permit.

Factory production, etc.

30(1)       Despite not meeting the requirements of section 26, a person may work in, or carry out one or more tasks, activities or functions of, a compulsory certification trade while he or she is engaged in

(a) factory mass production;

(b) in-plant assembly operations; or

(c) in-plant processing, or operations supporting in-plant processing;

under supervision and inspections that are appropriate to the operations or processes being used.

Removal of factory exemption

30(2)       Subject to the approval of the minister, the executive director may at any time, by order, declare that subsection (1) does not apply to a business or undertaking, if he or she is satisfied that

(a) the supervision and inspections referred to in subsection (1) are not appropriate; or

(b) the business or undertaking is one to which subsection (1) does not apply.

Rescinding order

30(3)       Subject to the approval of the minister, the executive director may rescind an order made under subsection (2) if he or she is satisfied that

(a) the supervision and inspections referred to in subsection (1) are appropriate; or

(b) the business or undertaking has been modified so that subsection (1) now applies to it.

Overlapping trades

31          Where a task, activity or function is included in more than one designated trade, a person may perform the task, activity or function if he or she is a journeyperson or an apprentice in one of those designated trades.

INSPECTIONS

Directors to enforce compulsory certification

32(1)       The minister may appoint an employee of the government as a director to enforce this Act and the regulations in relation to the compulsory certification trades.

Director may be employee of another department

32(2)       Under subsection (1), the minister may appoint as a director an employee of a government department that is not under that minister's administration if the minister responsible for the other department agrees.

Appointment may be limited to specific trades

32(3)       When appointing a director, the minister may

(a) specify the regulations respecting one or more compulsory certification trades for which the director has enforcement duties; and

(b) impose conditions and restrictions on the appointment.

Director's powers re inspectors

33(1)       Unless otherwise stated in his or her appointment, a director

(a) may appoint a person employed in his or her department as an inspector; and

(b) may supervise and direct such an inspector in enforcing this Act and the regulations specified in the director's appointment.

Delegation

33(2)       A director may delegate in writing any of his or her powers and duties to any person employed in the same department as the director, subject to the conditions and restrictions set out in the delegation.

Inspections

34(1)       An inspector may, at any reasonable time and when reasonably required to enforce this Act and the regulations in relation to a compulsory certification trade for which he or she has enforcement responsibility, enter and inspect

(a) the premises of an employer;

(b) the premises where an apprentice is receiving technical training; or

(c) any other premises where work in a compulsory certification trade, or any task, activity or function of a compulsory certification trade, is being performed.

General inspection powers

34(2)       In carrying out an inspection under subsection (1), an inspector may do one or more of the following:

(a) inspect

(i) the equipment and facilities used in carrying out work or to provide technical training, and

(ii) any record, object or thing relating to books, payroll and other records of employment, job classification, performance of work, qualifications or the supervision or training of persons;

(b) make copies or take photographs of any record, object or thing referred to in clause (a), or remove it for the purpose of making copies or taking photographs;

(c) make inquiries of any person with respect to

(i) the employment, qualifications, training or supervision of persons, or

(ii) any equipment, facilities, record, object or thing referred to in clause (a).

Entry into dwelling with consent

34(3)       An inspector must not enter a dwelling under subsection (2) without the permission of an adult resident of that dwelling.

Removing and returning items

34(4)       Where an inspector removes any record, object or thing under clause (2)(b), the inspector must

(a) give a receipt for the items taken to the person they were taken from; and

(b) as soon as practicable, return the items to the person or place from which they were removed.

Warrant for entry into dwelling

34(5)       On application by an inspector, a justice may at any time issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling under this section, if the justice is satisfied that

(a) there are reasonable grounds to believe that entry to the dwelling is necessary for the purpose of conducting an inspection; and

(b) entry has been refused or there are reasonable grounds to believe that entry will be refused.

Conditions

34(6)       A warrant may be made subject to any conditions specified in it.

Identification

34(7)       An inspector must produce, on request, evidence of his or her appointment.

COMPLIANCE ORDERS

Compliance orders

35(1)       An inspector may issue a compliance order in relation to a compulsory certification trade for which he or she has enforcement responsibility if the inspector believes on reasonable grounds that

(a) a person who is working in the trade or is performing a task, activity or function of the trade is not authorized to do so; or

(b) a person is working in the trade or is performing a task, activity or function of the trade, without the prescribed supervision.

Who may be issued a compliance order

35(2)       A compliance order may be issued orally or in writing to one or more of the following persons:

(a) the person doing the work or performing the task, activity or function;

(b) the person's employer;

(c) the owner of the premises, or the person the inspector believes to be in charge of the work site or the premises, where the person is working or performing the task, activity or function.

Order stopping work

35(3)       A compliance order may require that

(a) a person immediately stop work in the compulsory certification trade, or stop performing any task, activity or function specified in the order; or

(b) some or all of the work being performed at the work site or premises — other than activity required to ensure the work site or premises are safe — immediately stop and not start again until the inspector is satisfied that the employer or person in charge has ensured that

(i) work at the premises will be performed only by people who are authorized to do so, and

(ii) if a person performing the work is required to be supervised, the supervision will be in accordance with this Act and the regulations.

Oral orders to be reduced to writing

35(4)       An inspector who issues a compliance order orally must reduce the order to writing as soon as reasonably practicable after it is issued.

Content of order

35(5)       A written compliance order must

(a) name the person to whom it is addressed;

(b) state the actions that must be taken before the person may resume work or before work at the premises may resume;

(c) state the reasons for the order;

(d) state that the person who receives the order may, in writing, request a review by a director under subsection 36(1);

(e) state the address for filing such an application for a review;

(f) be dated the day the order is made; and

(g) be given to or served on the person to whom it is addressed.

Order may be varied

35(6)       An inspector may amend a compliance order, in which case subsection (5) applies to the amendment.

Resumption of work

35(7)       If satisfied that the circumstances that gave rise to a compliance order are no longer present, an inspector may terminate the compliance order by giving the person to whom the order is addressed written permission to

(a) resume the work or activity specified in the order; or

(b) resume work at the premises.

Requesting review by director

36(1)       Within 14 days after receiving a compliance order, the person named in the order may request the director to review the order by giving the director a written request setting out one or more of the following bases for the review:

(a) the finding that an unauthorized person was working in a compulsory certification trade was incorrect;

(b) the finding that work in a compulsory certification trade was being performed by a person who was not being supervised in accordance with the Act and the regulations was incorrect.

Director who is to conduct review

36(2)       A review under this section is to be conducted by the director responsible for supervising the inspector who issued the notice.

Hearing not required

36(3)       When reviewing a compliance order, the director is not required to hold a hearing.

Order remains in effect pending review

36(4)       A request for a review does not suspend the operation of the order under review.

Decision of the director

36(5)       After reviewing the matter, the director may

(a) confirm, revoke or vary the order; or

(b) make any order that, in the opinion of the director, should have been made.

Serving the decision and notice of right to appeal

36(6)       The director must serve the following on the person who requested the review:

(a) a copy of the decision made under subsection (5), with written reasons;

(b) a notice that the person may appeal the decision to The Manitoba Labour Board within 14 days after being served with the notice, in accordance with section 38.

ADMINISTRATIVE PENALTIES

Administrative penalty: failure to comply

37(1)       An inspector who is of the opinion that a person has failed to comply with a compliance order shall provide evidence of the non-compliance to his or her supervising director.

Imposing penalty

37(2)       When the director is of the opinion that a person has failed to comply with a compliance order issued under section 35, the director may issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice.

Maximum amount

37(3)       An administrative penalty may not exceed $5,000.

Notice

37(4)       A notice of administrative penalty must state

(a) the name of the person to whom it is addressed;

(b) the title of the compulsory certification trade and indicate the provision of this Act or the regulations that the person failed to comply with;

(c) the amount of the penalty, determined in accordance with the regulations;

(d) when and how the penalty must be paid; and

(e) that the person may apply to have the penalty reviewed by The Manitoba Labour Board within 14 days after being served with the notice, in accordance with section 38.

Serving the notice

37(5)       A notice of administrative penalty must be served on the person required to pay the penalty. The notice may be served personally or in accordance with section 43.

Appeal of compliance order or administrative penalty to Manitoba Labour Board

38(1)       Within 14 days after receiving a notice under subsection 36(6) or 37(5), the person named in a compliance order or required to pay an administrative penalty may appeal the matter to The Manitoba Labour Board (the "labour board") by sending the labour board a notice of the appeal.

Compliance order remains in effect

38(2)       An appeal does not suspend the operation of the compliance order under appeal.

Administrative penalty is stayed

38(3)       The requirement to pay the administrative penalty is stayed until the labour board decides the matter.

Notice of hearing

38(4)       Upon receiving a notice of appeal, the labour board shall

(a) fix a date, time and place for hearing the appeal; and

(b) give written notice of the hearing to the person appealing and the director who reviewed the order or issued the penalty, at least five days before the hearing date.

Decision of the labour board

38(5)       After hearing the appeal, the labour board may

(a) in respect of a compliance order, make an order confirming, varying or setting aside the order or decision appealed from; or

(b) in respect of an administrative penalty, determine whether or not the person has failed to comply with the compliance order in a reasonable period of time, and

(i) confirm or revoke the administrative penalty, or

(ii) vary the amount of the penalty, if the labour board believes that it was not determined in accordance with the regulations or is not in the public interest.

Payment of administrative penalty

39(1)       Subject to an appeal under section 38, a person required to pay an administrative penalty must pay it within 30 days after the notice of the penalty is served on him or her.

Debt due to government

39(2)       If an administrative penalty is not paid

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

(b) if the penalty is reviewed or appealed, within 30 days after the decision on the review or appeal;

the amount of the penalty is a debt due to the government.

Certificate registered in court

39(3)       The director responsible for supervising the inspector who issued the notice of the administrative penalty may certify a debt referred to in subsection (2), or any part of such a debt that has not been paid. The certificate may be registered in the Court of Queen's Bench and may be enforced as if it were a judgment of the court.

No offence to be charged if penalty paid

39(4)       A person who pays an administrative penalty under this section for failing to comply with a provision of this Act or the regulations may not be charged with an offence respecting that failure unless the failure continues after the penalty is paid.

Public disclosure of administrative penalties

40          The director who imposes an administrative penalty under section 37 must report the details of the penalty to the executive director.  The executive director may make the details of administrative penalties public in a manner he or she determines, and may include personal information in the disclosure.

PART 7

GENERAL PROVISIONS

APPEALS OF DECISIONS MADE BY EXECUTIVE DIRECTOR

Appeal to appeal board — decisions of executive director

41(1)       A person aggrieved by any of the following decisions of the executive director may, within 30 days after receiving written notice of the decision, appeal it by filing a notice of appeal with the minister:

(a) the refusal to issue a certificate of qualification or an occupational certificate to the person;

(b) the refusal to permit the person to take an examination in a designated trade or designated occupation;

(c) the refusal to recognize or approve a training program or education program under section 16;

(d) the refusal to permit the person to attempt to qualify for a certificate of qualification without apprenticeship training;

(e) the suspension or cancellation of the person's certificate of qualification under section 20;

(f) the refusal to register an apprenticeship agreement under section 22 to which the person is a party;

(g) the refusal to grant the person advanced standing under subsection 22(4);

(h) the suspension or cancellation of the registration of an apprenticeship agreement to which the person is a party under subsection 22(5);

(i) the refusal to issue an exemption to the person under section 27;

(j) the refusal to issue a temporary permit to the person under section 29;

(k) any other decision specified in the regulations.

Appointment of appeal board

41(2)       Within 30 days after a notice of appeal is filed, the minister must appoint an appeal board and give the board a copy of the notice of appeal.

Composition of appeal board

41(3)       An appeal board must consist of at least three but not more than five members, as follows:

(a) a presiding officer;

(b) an equal number of

(i) members who represent the interests of persons who are employed in the designated trade or designated occupation, and

(ii) members who represent the interests of employers of persons employed in the designated trade or designated occupation.

Criteria for appointment

41(4)       Members appointed to an appeal board under clause (3)(b) must, in the opinion of the minister, be knowledgeable about the designated trade or designated occupation to which the appeal relates.

Notice of hearing date

41(5)       Upon receiving a notice of appeal, the appeal board must

(a) fix a date, time and place for hearing the appeal; and

(b) give written notice of the hearing to the person appealing and the executive director at least five days before the hearing date.

Executive director is party

41(6)       The executive director is a party to an appeal under this section.

Right to be heard

41(7)       At the hearing, the appeal board must give the parties an opportunity to be heard, to present evidence and to make presentations.

Remuneration and expenses

41(8)       The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of the appeal board.

Decision of appeal board

41(9)       An appeal board may, by order,

(a) confirm, vary or rescind the executive director's decision; or

(b) refer the matter back to the executive director for further consideration in accordance with the appeal board's direction.

Notice of appeal board decision

41(10)      The appeal board must notify the appellant and the executive director in writing of its decision.

Decision is final

41(11)      The decision of the appeal board is final and binding.

SHARING INFORMATION

Sharing information

42(1)       For the purpose of administering and enforcing this Act and the regulations,

(a) the executive director may provide information collected or obtained under this Act or the regulations to a department of the government or a department or agency of the Government of Canada or of another province; and

(b) a director appointed under subsection 32(1) may provide information collected or obtained under this Act or the regulations to the executive director.

Interpretation:  "information"

42(2)       In subsection (1), "information" includes personal information as defined in The Freedom of Information and Protection of Privacy Act, but only to the extent required to enforce this Act and the regulations, or to develop, implement, administer apprenticeship programs in designated trades and certification programs in designated occupations.

SERVICE OF DOCUMENTS

Service of documents

43          An order or notice of decision under this Act that is sent by ordinary mail to a person's last known address is deemed to be received on the seventh day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive the order or notice, or did not receive it until a later date, because of absence, accident, illness or other cause beyond his or her control.

OFFENCES AND PENALTIES

Offences

44(1)       A person is guilty of an offence who

(a) contravenes a provision of this Act or the regulations; or

(b) knowingly makes a false or misleading statement to an inspector acting under the authority of this Act.

Corporate officers and directors

44(2)       If a corporation commits an offence under this Act, a director, officer, employee, or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Certificate evidence

44(3)       In a prosecution under this Act, a certificate purporting to be signed by the executive director stating that on the date the certificate is signed

(a) a person is not an apprentice;

(b) a person does not hold a certificate of qualification in a designated trade, or the person's certificate has been suspended or cancelled;

(c) the registration of a person's apprenticeship agreement has been suspended or cancelled;

(d) a person or employer has not received an exemption under section 27; or

(e) a person has not been issued an temporary permit under section 29;

shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or the official character of the person signing the certificate.

Penalty: individuals

45(1)       An individual who commits an offence under this Act is liable on summary conviction to a fine of not more than $10,000.

Penalty: corporations

45(2)       A corporation that commits an offence under this Act is liable on summary conviction to a fine of not more than $50,000.

REGULATIONS

Regulations re designated trades

46(1)       Subject to the approval of the minister, the board may make regulations

(a) designating a trade and prescribing the tasks, activities and functions of a designated trade;

(b) establishing and governing an apprenticeship program for a designated trade, including establishing the standards and requirements respecting

(i) the eligibility requirements for apprentices and employers,

(ii) the responsibilities of apprentices and employers,

(iii) the supervision of apprentices who are engaged in practical experience or technical training,

(iv) the hours of work and wage rates for apprentices,

(v) the length of an apprenticeship program, including 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,

(vi) the documentation of the progress of an apprentice through an apprenticeship program,

(vii) the advanced standing that may be granted to a prospective apprentice for previous training or experience,

(viii) the examination of the skills of apprentices, and

(ix) the issuance of certificates of qualifications;

(c) governing certification in a designated trade without apprenticeship training;

(d) respecting standards and requirements for certification for trades designated by the Canadian Council of Directors of Apprenticeship, including the issuance of red seals and the recognition of red seals issued by other provinces under the Council's Interprovincial Standards (Red Seal) Program;

(e) respecting the form and content of apprenticeship agreements;

(f) respecting the approval, registration, assignment, transfer and termination of apprenticeship agreements;

(g) respecting the transfer of an apprentice's apprenticeship agreement to the executive director in order to enable an apprentice to complete or enroll in technical training, and the terms and conditions that apply to such a transfer;

(h) respecting training programs and education programs, including

(i) establishing qualifications for providers of training programs,

(ii) prescribing standards and requirements for training programs and education programs,

(iii) providing for recognition of all or part of a training program or education program for the purposes of an apprenticeship program or for granting advanced standing in an apprenticeship program, and

(iv) prescribing terms and conditions respecting the executive director's approval of training programs and education program, or parts of such programs;

(i) respecting standards and requirements for upgrading;

(j) designating occupations and governing the granting of occupational certificates, including examinations, eligibility to take examinations, and standards and requirements for certification in the occupation;

(k) for the purpose of section 20, specifying reasons for suspending or cancelling certificates of qualifications;

(l) for the purpose of a compulsory certification trade,

(i) establishing and governing a program of transition when a designated trade is designated as a compulsory certification trade, or has its designation as a compulsory certification trade rescinded,

(ii) respecting the terms and conditions under which persons are authorized to work in the trade, including, but not limited to, minimum hours of work required to be performed in the trade within specified periods of time and upgrading requirements,

(iii) respecting authorizations to practise that are required to work in the trade, and governing periods of time for which authorizations to practise are valid, and

(iv) governing the circumstances under which the director may suspend or cancel the right to work in the trade;

(m) respecting exemptions under section 27;

(n) for the purpose of section 28 (partial exemptions),

(i) prescribing the tasks, activities and functions that a person may perform despite not being otherwise permitted to do so,

(ii) prescribing the qualifications or training that a person must have to perform the tasks, activities or functions,

(iii) prescribing any terms, conditions or restrictions that a person is subject to with respect to performing the tasks, activities or functions, and

(iv) providing for any matter that the board considers to be related, incidental or ancillary to permitting a person to perform tasks, activities or functions under a regulation that prescribes a partial exemption;

(o) respecting the issuance and cancellation of temporary permits under section 29, including terms and conditions that may be imposed on temporary permits;

(p) respecting administrative penalties for contravening a compliance order, including regulations

(i) prescribing the form and content of the notice of administrative penalty,

(ii) respecting the determination of amounts of administrative penalties, which may vary according to the nature or frequency of the contravention, and whether the person in non-compliance is an individual or a corporation, and

(iii) respecting any other matter necessary for the administration of the system of administrative penalties provided for in this Act;

(q) specifying decisions of the executive director that may be appealed to the appeal board, in addition to those in subsection 41(1);

(r) respecting the procedures to be followed in appeals conducted under section 41;

(s) prescribing fees that may be charged under this Act, including, without limitation, fees for registering apprenticeship agreements, assessing prior training and experience, taking examinations, issuing certificates of qualification or occupational certificates, reviewing and assessing credentials and issuing temporary permits;

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

Regulations about training and education programs

46(2)       Regulations made under clause (1)(h) respecting training or education programs may be made to apply differently to different providers, different programs or different designated trades.

L.G. in C. regulations

47          The Lieutenant Governor in Council may make regulations prescribing designated trades as a compulsory certification trade.

TRANSITIONAL PROVISIONS

Transitional

48(1)       In this section, "former Act" means The Apprenticeship and Trades Qualifications Act, S.M. 1998, c. 54.

Members of board and trade advisory committees

48(2)        A member of The Apprenticeship and Trades Qualifications Board who is in office on the coming into force of this Act continues as a member of the Apprenticeship and Certification Board until replaced or reappointed under this Act.

Term of members who continue

48(3)       The six-year time period in subsection 6(7) does not apply to the time served on The Apprenticeship and Trades Qualifications Board by the member before the coming into force of this Act.

Trade advisory committees

48(4)        A trade advisory committee established under the former Act is continued as a provincial advisory committee under this Act.

Members of trade advisory committees

48(5)       A member of a trade advisory committee who is in office on the coming into force of this Act continues as a member of the provincial advisory committee continued under subsection (4) until he or she is replaced or reappointed under this Act.

Apprenticeship agreements

48(6)        An apprenticeship agreement that was registered under the former Act and is in effect on the coming into force of this Act is deemed to be an apprenticeship agreement registered under this Act.

Certificates

48(7)        A certificate that was issued, recognized or continued under the former Act and is in effect on the coming into force of this Act is deemed to be a certificate issued under this Act.

Regulations — general

48(8)        A regulation that was made under the former Act and is in force on the coming into force of this Act continues in force as if made under this Act, until replaced, repealed or amended under this Act.

Regulations — compulsory certification trades

48(9)        A trade that was designated as a compulsory certification trade by a regulation made under the former Act is deemed to have been designated as a compulsory certification trade under section 25 of this Act.

Regulations — ministerial

48(10)      A regulation made by the minister under section 25 of the former Act is deemed to have been made under section 46 of this Act.

CONSEQUENTIAL AMENDMENTS

49 to 53    

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

54           The Apprenticeship and Trades Qualifications Act, S.M. 1998, c. 54, is repealed.

C.C.S.M. reference

55          This Act may be referred to as chapter A110 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

NOTE:  S.M. 2009, c. 33 came into force by proclamation on April 1, 2010.

 

 


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