as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. A110
The Apprenticeship and Trades Qualifications Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"agreement" means an agreement of apprenticeship in a designated trade and includes a pool agreement of apprenticeship executed by an apprenticeship training co-ordinator or the representative of an organization, committee or association and approved by the director; ("contrat")
"apprentice" means a person of at least 16 years of age, who enters into a written agreement with an employer to learn a designated trade requiring a minimum of two years of reasonably continuous employment, which provides practical experience and related technical instruction for that person; ("apprenti")
"board" means The Apprenticeship and Trades Qualifications Board appointed pursuant to this Act; ("Commission")
"certificate" means a certificate of qualification issued under this Act; ("certificat")
"designated trade" means an occupation designated by the minister as being appropriate for either apprenticeship or certification or both; ("métier désigné")
"director" means a person designated by the minister as Director of Apprenticeship and Trades Qualifications; ("directeur")
"employer" includes any person, firm, association, committee or corporation or municipal, provincial or other public authority employing persons in a designated trade or work incidental or related to a designated trade; ("employeur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
The director shall
(a) keep and maintain a register of every apprenticeship agreement;
(b) keep on a separate file, every current apprenticeship agreement;
(c) as he considers necessary and advisable, make such investigations, inspections and inquiries to ascertain that the provisions of this Act and the regulations are being complied with;
(d) make such investigations, inspections and inquiries as may be required by the minister and report thereon to the minister;
(e) keep a register of certificates issued under this Act;
(f) submit an annual report to the minister on matters relating to the administration of this Act; and
(g) carry out such other duties as may be imposed on him by this Act or the regulations or as may be required by the minister.
The director is responsible for the preparation and conduct of examination of persons for the purposes of this Act and, subject to the approval of the minister, may engage for such period of time as may be necessary suitably qualified persons to assist him in carrying out those purposes.
For the purposes of carrying out this Act, the director, or any person authorized by the minister in writing, may,
(a) inspect the premises, equipment and training facilities of an employer;
(b) inspect and examine all books, payrolls and other records of an employer that in any way relate to the wages, hours of labour or conditions of employment of any person;
(c) take extracts from or make copies of any entry in such books, payrolls and records;
(d) require an employer to make full disclosure and production of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof that the employer may have in his possession or control, or other information, either oral or in writing and either verified by oath or otherwise, that in any way relate to the wages, hours of labour or conditions of employment of persons employed by him.
The minister may appoint a board consisting of nine persons to be known as "The Apprenticeship and Trades Qualifications Board".
The board shall be composed of
(a) two persons from the Department of Labour;
(b) two persons who shall be representative of employers;
(c) two persons who shall be representative of employees;
(d) one person from the Department of Education; and
(e) two other persons considered by the minister to be suitable for appointment to the board.
The minister shall designate one of the members of the board as chairman thereof.
The members of the board shall appoint from among themselves, one person to be vice-chairman who shall act as chairman whenever the chairman is absent or for any reason unable to act as chairman.
Unless a member of the board is no longer a resident of the province, resigns or is removed from office, the member shall hold office for a term of three years from the date of his appointment and thereafter until his successor is appointed and he may be re-appointed to the board.
Where a member of the board dies, resigns or for any reason is removed from office, the minister shall appoint another person to fill the vacancy so created for the remainder of the term of the person in whose stead he is appointed.
Five members of the board constitute a quorum.
A secretary and such other staff as may be required by the board may be provided by the minister.
(a) may recommend to the minister that certain regulations designed to regulate and improve the training and certification of persons in any designated trade or trade for which a certificate of qualification is required, be made;
(b) shall hear and determine all appeals made to it under this Act;
(c) shall receive and review the recommendations of any trade advisory committee with respect to the training, examination and certification of persons in the trade for which that committee was established;
(d) may recommend to the minister persons that it considers suitable for appointment to any trade advisory committee; and
(e) shall carry out such other duties as the minister may require it to carry out with respect to any matter within the scope and intent of this Act.
The minister may appoint a trade advisory committee for a trade or group of trades for the purpose of advising the board on any matter respecting the training of apprentices or the certification of persons in that trade.
A trade advisory committee shall consist of at least five persons made up of
(a) the director or a person nominated by the director, who shall be the chairman of the committee;
(b) one person who shall be representative of employers;
(c) one person who shall be representative of employees; and
(d) two or more persons who, in the opinion of the minister, are considered suitable for appointment to the committee.
The members of the committee shall appoint from among themselves one person to be vice-chairman who shall act as chairman whenever the chairman is absent or for any reason unable to act as chairman.
Unless he is no longer a resident of the province, resigns or is removed from office, a member of the committee shall hold office for a term of three years from the date of his appointment and thereafter until his successor is appointed and he may be re-appointed to the committee.
Where a member of the committee dies, resigns or for any reason is removed from office, the minister shall appoint another person to fill the vacancy so created for the remainder of the term of the person in whose stead he is appointed.
A majority of the members of the committee constitutes a quorum thereof.
A secretary and such other staff as may be required by the committee may be provided by the minister.
A member of the board or of a trade advisory committee may be paid such remuneration for his services and such expenses as the Lieutenant Governor in Council may prescribe.
The Minister may designate any trade as a designated trade.
Where the Minister designates a trade as a designated trade, any person may become an apprentice and may get practical experience and related technical instruction in that trade.
Before a person becomes an apprentice, he shall submit an application for the purpose to the director on a form prescribed by the board setting out the information required by the form.
Upon receipt of an application under subsection (3), the director shall consider the application and if the applicant and the employer meet all the requirements set out in the regulations or in the opinion of the director, requirements equivalent thereto, the director shall within 90 days provide the applicant and his employer with an apprenticeship agreement for execution.
Where the director is of the opinion that an applicant or his employer does not meet the requirements as mentioned in subsection (4) he may refuse the application and notify the applicant and the employer accordingly.
The agreement shall be in a form prescribed by the board and shall within 30 days after the execution thereof by all the parties thereto, be filed with the director.
Subject to subsection (8), no agreement shall provide for less than two years of reasonably continuous employment and related training in the designated trade and shall comply with the provisions of the regulations applicable thereto.
The director, subject to the approval of the board, may grant to an applicant under subsection (1), such credits for any previous training and experience in the designated trade that the applicant may have; but the credits so granted shall not reduce the term of the agreement for a period that is less than one year.
An agreement may be terminated
(a) by mutual agreement of the parties thereto; or
(b) subject to the approval of the board, by the director, where good and sufficient cause therefor, is shown to the director by one of the parties thereto.
Every agreement shall be signed by
(a) the prospective apprentice;
(b) the employer or his authorized representative or the co-ordinator or representative mentioned in the definition of "agreement" in section 1, as the case may be; and
(c) a parent or guardian of the prospective apprentice where the prospective apprentice is a minor;
but where the prospective apprentice has no parent or guardian, the agreement shall be signed by the chairman of the board.
No apprentice who is a party to an agreement shall work in his trade for any employer except under the agreement; and no employer shall employ an apprentice otherwise than under an agreement.
The Lieutenant Governor in Council may designate for the whole or any part of the province any occupation as a trade which no person, other than an apprentice in that trade, shall practise unless he holds a valid and subsisting certificate of qualification in that trade issued in accordance with the provisions of this Act or a certificate of qualification or proficiency issued under any former Act.
Notwithstanding subsection (1), an employer may engage a person in a trade designated under that subsection who does not hold a certificate of qualification in that trade; but in such a case the employer shall cause an application for apprenticeship by that person to be submitted to the director for approval within 10 days after that person commences to work with that employer.
Notwithstanding subsections (1) and (2), a person who satisfies the director that he has been working in a trade that is a designated trade under subsection (1) for a period of time in excess of the apprenticeship period for the trade, but does not hold a valid certificate of qualification in that trade, may be granted a temporary permit by the director to work in that trade for a period not exceeding one year and, unless that person on or before the expiry date of the permit obtains a certificate of qualification in that trade, he shall not thereafter work in that trade.
Where an apprentice
(a) lawfully goes on strike or is lawfully locked out by his employer; or
(b) because of a lawful strike or lawful lockout affecting his employer's establishment or place of business, is unable to work for the duration of the strike or lockout;
the apprentice and the employer shall be deemed not to have broken the agreement between them.
Subject to the approval of the
Lieutenant Governor in Council, the minister may enter into a contract with The Government of Canada or the government of any province or territory with respect to the training of apprentices or other persons in any trade or occupation.
Any person affected by a decision or order of the director, may, within 30 days from the date of the making of the decision or order, appeal in writing to the board.
Where the board receives an appeal under subsection (1), it shall inquire into the matter and where it deems it to be necessary, it shall fix a date, time and place to hear the appeal.
The board shall notify all parties concerned in the appeal of the date, time and place of the hearing; and every party to the appeal may be represented by counsel and may present such evidence and examine and cross-examine any witness at the hearing.
The board shall hear and dispose of the appeal within 90 days after the appeal is filed with the board and shall in writing notify the parties thereto of its decision which is final.
Any person who contravenes any provision of this Act or the regulations or the provisions of an apprenticeship agreement is guilty of an offence and is liable on summary conviction to a fine of not less than $100. and not more than $500.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders
(a) prescribing the qualifications of persons who may become apprentices in any designated trade, the nature and number of educational classes to be attended and the course and period of training to be given;
(b) respecting ratio of apprentices to journeymen who may be employed by an employer in a trade;
(c) prescribing the hours of labour, rates of wages, and scale of increases of wages at fixed intervals for apprentices;
(d) prescribing the qualifications and experience that an applicant for a certificate is required to have;
(e) providing for the examination of, and issuance of certificates or licences or both to persons engaged in a trade;
(f) providing for the issuance of a certificate to persons from other provinces of Canada or from other countries who have a similar certificate or training and experience satisfactory and acceptable to the director;
(g) prescribing the period of time during which a certificate or any renewal thereof is valid;
(h) prescribing the terms and conditions upon which a certificate may be issued or renewed;
(i) prescribing the causes for which a certificate or renewal thereof may be suspended or cancelled;
(j) requiring the holder of a certificate to keep it posted conspicuously in the place where he is employed or, where that is not possible, to carry upon his person a facsimile thereof issued by the minister or director as the case may require;
(k) prescribing fees for certificates and other matters under this Act;
(l) prescribing forms for use under this Act;
(m) respecting the execution of pool agreements for the training of apprentices;
(n) respecting the granting of allowances to apprentices;
(o) respecting any matter deemed by him to be necessary or advisable to carry out effectively the intent and purpose of this Act.
A certificate of qualification that is valid and subsisting when this Act comes into force, subject to any requirement for the renewal thereof, continues in force.
Agreements registered or filed and which have not expired when this Act comes into force continue in force as if they were filed under this Act.