Apprenticeship and Certification Act, 1998, S.O. 1998, c. 22, Apprenticeship and Certification Act, 1998
Apprenticeship and Certification Act, 1998
S.O. 1998, CHAPTER 22
Note: This Act was repealed on April 8, 2013. (See: 2009, c. 22, ss. 103, 104 (1))
Last amendment: 2009, c.聽24, s.聽28.
General
Purposes
1. The purposes of this Act are,
(a) to support and regulate the acquisition of skills for trades and other occupations through workplace-based apprenticeship programs that lead to formal certification;
(b) to promote quality training for trades and other occupations; and
(c) by the means set out in clauses (a) and (b), to expand opportunities for 澳门永利 workers, increase the competitiveness of 澳门永利 businesses and ensure public and worker protection. 1998, c.聽22, s.聽1.
Definitions
2. In this Act,
鈥渁pprentice鈥 means an individual who has entered into a registered training agreement under which the individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director; (鈥渁pprenti鈥)
鈥渃ertificate鈥 means a certificate of qualification or other certificate issued under subsection 9聽(1); (鈥渃ertificat鈥)
鈥渃ertificate of qualification鈥 means a certificate of qualification for a trade or other occupation issued under clause 9聽(1)聽(a) and does not include a certificate for a skill set issued under clause 9聽(1)聽(b); (鈥渃ertificat de qualification professionnelle鈥)
鈥淒irector鈥 means the Director of Apprenticeship; (鈥渄irecteur鈥)
鈥渓etter of permission鈥 means a letter of permission issued under section 10; (鈥減ermission int茅rimaire鈥)
鈥淢inister鈥 means the Minister of Education and Training; (鈥渕inistre鈥)
鈥減erson鈥 means an individual, corporation, partnership, sole proprietorship, association or any other organization or entity; (鈥減ersonne鈥)
鈥渞egistered training agreement鈥 means an agreement registered under this Act under which an individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director; (鈥渃ontrat d鈥檃pprentissage enregistr茅鈥)
鈥渞egulations鈥 means the regulations made under this Act; (鈥渞猫glements鈥)
鈥渞estricted skill set鈥 means a skill set that is designated as a restricted skill set by the regulations; (鈥渆nsemble restreint de comp茅tences鈥)
鈥渟kill set鈥 means one or more skills; (鈥渆nsemble de comp茅tences鈥)
鈥渟ponsor鈥 means a person that has entered into a registered training agreement under which the person is required to ensure that an individual is provided with workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director. (鈥減arrain鈥) 1998, c.聽22, s.聽2.
Application
3. This Act does not apply to a trade to which the Trades Qualification and Apprenticeship Act applies. 1998, c.聽22, s.聽3.
Director of Apprenticeship
4. (1) A Director of Apprenticeship shall be appointed under Part III of the Public Service of 澳门永利 Act, 2006. 1998, c.聽22, s.聽4 (1); 2006, c.聽35, Sched.聽C, s.聽5聽(1).
Functions
(2) The functions of the Director are:
1. To approve apprenticeship programs for trades, other occupations and skill sets, including curricula, training standards, examinations and the persons and institutions that will provide training.
2. To approve other forms of training for trades, other occupations and skill sets.
3. To issue guidelines for the purposes of this Act.
4. To work with other governments in Canada to promote the interprovincial standards program for apprenticeship and the qualifications required for trades, other occupations and skill sets.
5. To advise the Minister with respect to apprenticeship programs and the qualifications required for trades, other occupations and skill sets.
6. To exercise and perform such other powers and duties as are provided for in this Act or prescribed by the regulations. 1998, c.聽22, s.聽4 (2).
Consideration of recommendations
(3) If a committee established under section 5 makes recommendations to the Minister relating to an apprenticeship program, the Director shall consider the recommendations before approving the apprenticeship program under paragraph 1 of subsection (2). 1998, c.聽22, s.聽4 (3).
Collection of personal information
(4) The Director may collect personal information in accordance with the Freedom of Information and Protection of Privacy Act for the purposes of this Act. 1998, c.聽22, s.聽4 (4).
Delegation
(5) The Director may in writing authorize any person or class of persons employed under Part III of the Public Service of 澳门永利 Act, 2006 to exercise any power or perform any duty of the Director, subject to any conditions or restrictions set out in the authorization. 1998, c.聽22, s.聽4 (5); 2006, c.聽35, Sched.聽C, s.聽5聽(2).
Industry committees
5. (1) The Minister may establish a committee for any trade, other occupation or group of trades or other occupations to perform the following functions:
1. To advise the Minister with respect to apprenticeship programs and the qualifications required for trades, other occupations and skill sets.
2. To develop and revise apprenticeship programs and to recommend them to the Minister, including curricula, training standards, examinations and the persons and institutions that will provide training.
3. To promote high standards in the delivery of apprenticeship programs.
4. To promote apprenticeship as a method of acquiring skills for trades and other occupations.
5. To consider recommendations from employers in the trade, other occupation or group of trades or other occupations and from apprentices and other persons who work in the trade, other occupation or group of trades or other occupations.
6. To perform such other functions as may be assigned by the Minister or the Director. 1998, c.聽22, s.聽5 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 is amended by the Statutes of 澳门永利, 2005, chapter 24, subsection 1 (1) by adding the following subsections:
Fuel industry committee
(1.1) A committee is established to be known in English as the Fuel Industry Technician Advisory Committee and in French as Comit茅 consultatif des techniciens de l鈥檌ndustrie des combustibles for the group of trades or occupations consisting of the activities for which a person is required to have a certificate under 澳门永利 Regulation 215/01 made under the Technical Standards and Safety Act, 2000 in order to carry on those activities. 2005, c.聽24, s.聽1聽(1).
Functions
(1.2) The functions of the Fuel Industry Technician Advisory Committee shall be the functions described in subsection (1) as they relate to the group of trades or occupations mentioned in subsection (1.1). 2005, c.聽24, s.聽1聽(1).
See: 2005, c.聽24, ss.聽1聽(1), 2.
Composition
(2) The Minister shall appoint at least six people to each committee, made up of equal numbers of representatives of,
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of 澳门永利, 2005, chapter 24, subsection 1 (2) by adding 鈥渕entioned in subsection (1) or (1.1)鈥 after 鈥渃ommittee鈥. See: 2005, c.聽24, ss.聽1聽(2), 2.
(a) employers in the trade, other occupation or group of trades or other occupations; and
(b) employees in the trade, other occupation or group of trades or other occupations. 1998, c.聽22, s.聽5 (2).
Same
(3) The Director is also a member of each committee. 1998, c.聽22, s.聽5 (3).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of 澳门永利, 2005, chapter 24, subsection 1 (3) by adding 鈥渕entioned in subsection (1) or (1.1)鈥 after 鈥渃ommittee鈥. See: 2005, c.聽24, ss.聽1聽(3), 2.
Training Agreements
Registration of training agreements
6. (1) On application and on payment of the required fee, the Director may register an agreement under which an individual is to receive workplace-based training in a trade, other occupation or skill set as part of an apprenticeship program approved by the Director. 1998, c.聽22, s.聽6 (1).
Minimum age
(2) An agreement shall not be registered unless the individual who is to receive the training is at least 16 years of age. 1998, c.聽22, s.聽6 (2).
Academic qualifications
(3) An agreement shall not be registered unless the individual who is to receive the training,
(a) has successfully completed the academic standard prescribed by the regulations for the trade, other occupation or skill set; or
(b) if no academic standard has been prescribed by the regulations for the trade, other occupation or skill set, has successfully completed Grade 12 in 澳门永利 or has successfully completed an academic standard that the Director considers equivalent to 澳门永利 Grade 12. 1998, c.聽22, s.聽6 (3).
Suspension or revocation
7. (1) The Director may suspend or revoke the registration of a registered training agreement if,
(a) the apprentice requests;
(b) the sponsor requests;
(c) the agreement is not being complied with;
(d) a party to the agreement submitted false information to the Director as part of the application for registration of the agreement; or
(e) a party to the agreement is dead or no longer exists. 1998, c.聽22, s.聽7 (1).
Notice
(2) The Director shall not suspend or revoke the registration of an agreement under clause (1)聽(b), (c) or (d) unless the Director has given the parties to the agreement written notice of his or her intention to do so and has held any hearing that may be required under subsection (3). 1998, c.聽22, s.聽7 (2).
Hearing
(3) A party to the agreement may, within 30 days after receiving a notice under subsection (2), require the Director to hold a hearing to determine whether the registration of the agreement should be suspended or revoked. 1998, c.聽22, s.聽7 (3).
Completion of Apprenticeship Program
Completion of apprenticeship program
8. The Director shall provide every person who successfully completes an apprenticeship program approved by the Director with a statement confirming the successful completion of the program. 1998, c.聽22, s.聽8.
Certificates and Letters of Permission
Certificates
9. (1) On application and on payment of the required fee, the Director may issue,
(a) a certificate of qualification for a trade or other occupation; or
(b) a certificate, other than a certificate of qualification, for a skill set. 1998, c.聽22, s.聽9 (1).
Qualifications
(2) A certificate may be issued under subsection (1) only to a person who,
(a) has successfully completed an apprenticeship program approved by the Director for the trade, other occupation or skill set; and
(b) achieves a grade satisfactory to the Director on an examination approved by the Director. 1998, c.聽22, s.聽9 (2).
Same
(3) Clause (2) (b) does not apply to a trade, other occupation or skill set if the Director is of the opinion that no examination is necessary for that trade, other occupation or skill set. 1998, c.聽22, s.聽9 (3).
Equivalent qualifications
(4) Despite subsection (2), the Director may issue a certificate if the person,
(a) has qualifications that the Director considers equivalent to the qualifications required by clause (2)聽(a); and
(b) achieves a grade satisfactory to the Director on an examination approved by the Director. 1998, c.聽22, s.聽9 (4).
Same
(5) Clause (4)聽(b) does not apply to a trade, other occupation or skill set if the Director is of the opinion that no examination is necessary for that trade, other occupation or skill set. 1998, c.聽22, s.聽9 (5).
Equivalent Canadian document
(6) Despite subsections (2) and (4), the Director may issue a certificate of qualification for a trade or other occupation under subsection (1) to a person who holds an equivalent document issued for the same trade or occupation in another province or territory of Canada, if,
(a) the document issued in the other province or territory is an authorizing certificate, within the meaning of the 澳门永利 Labour Mobility Act, 2009, for the trade or occupation; or
(b) the other province or territory and the trade or occupation for which the document was issued in that province or territory are prescribed for the purpose of this clause. 2009, c.聽24, s.聽28 (1).
Letters of permission
10. (1) On application and on payment of the required fee, the Director may issue a letter of permission for a trade or other occupation or for a skill set. 1998, c.聽22, s.聽10 (1).
Period of validity
(2) A letter of permission is valid for a period of three months or for such shorter period as may be specified by the Director in the letter. 1998, c.聽22, s.聽10 (2).
No renewal
(3) A letter of permission is not capable of renewal, but the Director may issue a new letter of permission. 1998, c.聽22, s.聽10 (3).
Suspension, revocation, refusal to renew
11. (1) The Director may suspend, revoke or refuse to renew a certificate, and may suspend or revoke a letter of permission, if,
(a) the holder of the certificate or letter submitted false information to the Director as part of an application made under this Act;
(b) the holder of the certificate or letter has been convicted of an offence under this Act;
(c) the holder of the certificate or letter has not maintained acceptable standards of competence in the trade, other occupation or skill set to which the certificate or letter relates; or
(d) the holder of the certificate or letter does not have qualifications that would be required for the issuance of a new certificate for the trade, other occupation or skill set. 1998, c.聽22, s.聽11 (1).
Other grounds for refusal to renew
(2) The Director may also refuse to renew a certificate if the refusal is authorized or required by the regulations. 1998, c.聽22, s.聽11 (2).
Notice
(3) The Director shall not suspend, revoke or refuse to renew a certificate, or suspend or revoke a letter of permission, unless the Director has given the holder of the certificate or letter written notice of his or her intention to do so and has held any hearing that may be required under subsection (4). 1998, c.聽22, s.聽11 (3).
Hearing
(4) The holder of the certificate or letter of permission may, within 30 days after receiving a notice under subsection (3), require the Director to hold a hearing to determine whether the certificate should be suspended or revoked, whether renewal of the certificate should be refused or whether the letter of permission should be suspended or revoked. 1998, c.聽22, s.聽11 (4).
Non-payment of fees
(5) The Director may refuse to renew a certificate on the grounds that the appropriate fee for renewal of the certificate has not been paid, and subsections (3) and (4) do not apply to the refusal. 1998, c.聽22, s.聽11 (5).
Restricted Skill Sets
Restricted skill sets
12. (1) An individual shall not perform a skill that is part of a restricted skill set unless,
(a) the individual holds a certificate for the restricted skill set or for a trade or other occupation that includes the restricted skill set;
(b) the individual is an apprentice under a registered training agreement under which the individual is to receive workplace-based training in the restricted skill set as part of an apprenticeship program approved by the Director; or
(c) the individual holds a letter of permission for the restricted skill set or for a trade or other occupation that includes the restricted skill set. 1998, c.聽22, s.聽12 (1).
Overlapping skill sets
(2) An individual who is authorized to perform a skill that is part of a restricted skill set may perform that skill even if the skill is also part of another restricted skill set or of a trade or other occupation that includes the restricted skill set. 1998, c.聽22, s.聽12 (2).
Employment
13. A person shall not employ or otherwise engage an individual to perform a skill that is part of a restricted skill set unless the individual is authorized to perform that skill. 1998, c.聽22, s.聽13.
Miscellaneous
Strikes and lock-outs
14. An apprentice鈥檚 failure to perform work required by a registered training agreement does not constitute non-compliance with the agreement if the failure to perform work is a result of a lock-out or lawful strike. 1998, c.聽22, s.聽14.
Notice
15. A notice under this Act that is sent by mail shall be deemed to have been received on the fifth day after it was mailed, unless the person to whom it was sent establishes that, acting in good faith, the person did not receive the notice or did not receive it until a later day. 1998, c.聽22, s.聽15.
Inspections
16. (1) The Director may enter any premises, and may examine any documents or other things on the premises, for the purpose of determining,
(a) whether apprentices are receiving training in accordance with registered training agreements;
(b) whether a person or institution that has been approved to provide training as part of an apprenticeship program is providing training in accordance with the program; or
(c) whether subsection 12聽(1) or section 13 is being complied with. 1998, c.聽22, s.聽16 (1).
Dwellings
(2) Subsection (1) does not authorize entry of a dwelling without the consent of the occupier. 1998, c.聽22, s.聽16 (2).
Time for entry
(3) The power to enter premises under subsection (1) may be exercised at any reasonable time. 1998, c.聽22, s.聽16 (3).
Copies
(4) A person who enters premises under subsection (1) may, on giving a receipt, remove documents or other things for the purpose of making copies, but the documents or other things shall be promptly returned. 1998, c.聽22, s.聽16 (4).
Identification
(5) A person who enters premises under subsection (1) shall, on request, produce identification that provides evidence of his or her authority. 1998, c.聽22, s.聽16 (5).
Offences
17. Every person who,
(a) contravenes subsection 12聽(1) or section 13;
(b) submits false information to the Director as part of an application made under this Act; or
(c) uses for the purpose of obtaining employment or business a false certificate or letter of permission or a certificate or letter of permission issued to another person,
is guilty of an offence and on conviction is liable to a fine of not more than聽$25,000. 1998, c.聽22, s.聽17.
Fees
18. The Minister may establish and charge fees for applications made under this Act, for examinations required under this Act, or for any other function performed in connection with this Act or the regulations. 1998, c.聽22, s.聽18.
Regulations: L.G. in C.
19. (1) The Lieutenant Governor in Council may make regulations,
(a) designating a skill set as a restricted skill set for the purposes of this Act;
(b) defining a trade or other occupation to include a restricted skill set for the purposes of section 12;
(c) exempting a person or class of persons from any provision of this Act, subject to such conditions or restrictions as may be prescribed in the regulations;
(d) authorizing an industry organization or other person specified by the regulations to exercise powers and perform duties of the Director, subject to such conditions and restrictions as may be specified in the regulations, including conditions and restrictions relating to freedom of information and protection of privacy. 1998, c.聽22, s.聽19 (1).
Regulations: Minister
(2) The Minister may make regulations,
(a) prescribing powers and duties of the Director;
(b) governing committees established under section 5, including giving committees additional powers and duties;
(c) governing apprenticeship programs;
(d) prescribing academic standards that must be successfully completed before an agreement may be registered under section 6;
(e) governing the issuance, expiry, renewal, suspension or revocation of certificates and governing the issuance, expiry, suspension or revocation of letters of permission;
(e.1) for the purpose of clause 9 (6) (b), prescribing one or more provinces or territories of Canada and, for each province or territory so prescribed, prescribing one or more trades or occupations that are practised in that province or territory;
(f) deeming a person who holds a document issued in another province or territory of Canada to hold a certificate issued under section 9 of this Act, subject to such conditions and restrictions as may be specified in the regulations;
(g) deeming a person from another province or territory of Canada to be an apprentice under a registered training agreement under which he or she is to receive workplace-based training in a skill set as part of an apprenticeship program approved by the Director, subject to such conditions and restrictions as may be specified in the regulations;
(h) providing for any transitional matter relating to this Act. 1998, c.聽22, s.聽19 (2); 2009, c.聽24, s.聽28 (2).
Academic standards
(3) The Minister shall not make a regulation prescribing an academic standard under clause (2)聽(d),
(a) for a trade or other occupation, unless the standard has been recommended by a committee established under section 5 for the trade or other occupation or for a group of trades or other occupations that includes the trade or other occupation; or
(b) for a skill set, unless the standard has been recommended by a committee established under section 5 for a trade, other occupation or group of trades or other occupations that includes the skill set. 1998, c.聽22, s.聽19 (3).
General or particular
(4) A regulation made under this section may be general or particular in its application. 1998, c.聽22, s.聽19 (4).
20. Omitted (amends or repeals other Acts). 1998, c.聽22, s.聽20.
21. Omitted (provides for coming into force of provisions of this Act). 1998, c.聽22, s.聽21.
22. Omitted (enacts short title of this Act). 1998, c.聽22, s.聽22.