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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 25th day of July, 1997

Ian D. Izard, Law Clerk

HONOURABLE JOHN CASHORE

MINISTER OF LABOUR

BILL 43 – 1997

INDUSTRY TRAINING AND APPRENTICESHIP ACT

Contents

Section

Part 1 – Introductory Provisions

Definitions

Joint administration

Part 2 – Industry Training and Apprenticeship Commission

Commission established

Mandate of the commission

Appointment of commission members

Staff of the commission

Operation of the commission

Special account established

Financial administration

No borrowing or deficit

Advisory committees

Part 3 – Industry Training and Apprenticeship

Designation of trades and occupations

Compulsory certification

Industry training and apprenticeship programs

Industry training and apprenticeship agreements

Granting of credentials in designated trades and occupations

Part 4 – General Provisions

Appeal officer

Appeals

Entry and inspection powers

Industry assessments

Offences and penalties

Power to make regulations

Review of this Act

Transitional

Part 5 – Consequential Amendments, Repeal and Commencement

25-35

Consequential Amendments

Repeal

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Part 1 – Introductory Provisions

Definitions

1 In this Act:

"appeal officer" means the individual appointed as the appeal officer under

section

17;

"chief executive officer" means the chief executive officer of the commission

appointed under

section 6(1);

"commission" means the Industry Training and Apprenticeship Commission

established under

section 3;

"compulsory certification occupation" means a designated occupation that is

specified by the Lieutenant Governor in Council under

section 13 as a

compulsory certification occupation;

"compulsory certification trade" means a designated trade that is specified by the

Lieutenant Governor in Council under

section 13 as a compulsory certification

trade;

"designated occupation" means an occupation designated by the commission under

section 12;

"designated trade" means a trade designated by the commission under

section 12;

"inspector" means an individual designated as an inspector under

section 19 (3);

"minister" means the members of the Executive Council charged with the administration of this Act under

section 2;

"special account" means the Industry Training and Apprenticeship Special Account

established under

section 8;

"trainee" means a person participating in an industry training or apprenticeship

program established under

section 14.

Joint administration

2 The Minister of Labour and the Minister of Education, Skills and Training are jointly

charged with the administration of this Act.

Part 2 – Industry Training and Apprenticeship Commission

Commission established

(1) The Industry Training and Apprenticeship Commission is established as a

corporation consisting of the members appointed under

section 5.

(2) The commission is an agent of the government.

Mandate of the commission

(1) The mandate of the commission is

(

a) to create an industry driven training and apprenticeship system that is

relevant, accessible and responsive to industry needs and priorities,

(

b) to identify, monitor and assess the needs of the British Columbia labour

market for skilled persons,

(

c) to expand the number of skilled persons in designated trades and designated

occupations in order to meet the needs identified under paragraph (b),

(

d) to increase the proportion of members of under-represented groups in

designated trades and designated occupations,

(

e) to integrate education and training systems to ensure a smooth transition

from school to the workplace,

(

f) to promote and encourage continuous skills upgrading, lifelong learning

and certification,

(

g) to develop and expand a system of provincially recognized credentials for

designated trades and designated occupations that promote laddering,

portability, mobility and transferability and that recognize provincial,

national and international occupational standards,

(

h) to ensure the efficient and effective use of resources through the coordination and integration of industry training and apprenticeship programs,

and

(

i) to carry out other duties that the Lieutenant Governor in Council specifies

by regulation.

(2) In carrying out its mandate, the commission may consult with communities of

interest in the industry training and apprenticeship system including, but not

limited to, groups of persons who are under-represented in designated trades and

designated occupations.

Appointment of commission members

(1) The members of the commission consist of not more than 25 individuals

appointed by the Lieutenant Governor in Council on the recommendation of the

minister as follows:

(

a) not more than 24 individuals representing business, labour, education and

training providers, and government, and

(

b) one member who is to be the chair.

(2) The minister must consult with the members appointed under subsection (1) (

a) before making a recommendation to the Lieutenant Governor in Council with

respect to the appointment of the chair.

(3) The Lieutenant Governor in Council may establish the terms of appointment for

the members appointed under subsection (1).

(4) The members appointed under subsection (1) are the board of directors of the

commission.

(5) The term of office of a member is during pleasure, but must not exceed 3 years.

(6) A member or former member may be reappointed to the commission but may not

hold office for more than 6 consecutive years.

(7) A member of the commission who is not an employee under the Public Service

Act may be paid the remuneration set by the Lieutenant Governor in Council.

(8) A member of the commission must be reimbursed for reasonable travelling and

out of pocket expenses necessarily incurred in discharging the member's duties

under this Act.

Staff of the commission

(1) On the recommendation of the commission, the Lieutenant Governor in Council

may appoint a chief executive officer of the commission who reports to the

commission.

(2) The chief executive officer must carry out the functions and duties specified in

the bylaws of the commission.

(3) The chief executive officer, to the extent authorized by the commission, may

appoint officers and employees necessary to carry on the business and operations

of the commission and may define their duties and determine their remuneration.

(4) The Public Service Act and the Public Service Labour Relations Act apply to the

commission and its officers and employees.

(5) In applying

section 22 of the Public Service Act under subsection (4) of this

section, the references to the commissioner and a deputy minister are to be read

as references to the chief executive officer.

(6) The Public Service Benefit Plan Act applies to the commission and to the officers

and employees of the commission.

(7) The Pension (Public Service) Act applies to the officers and employees of the

commission, and

(

a) the commission is deemed to be an employer and those officers and

employees are deemed to be employees within the meaning of that Act,

(

b) the commission must make deductions from the salaries of those officers

and employees as required under that Act and pay the money to the superannuation commissioner under that Act, and

(

c) the commission must, in addition, pay to the superannuation commissioner,

employer's contributions in the amounts equivalent to the amounts required

under that Act.

Operation of the commission

(1) Subject to this Act and the regulations, the commission may pass bylaws it

considers necessary or advisable for the management and conduct of its affairs

and for the performance of its duties and the exercise of its powers.

(2) The commission may establish committees in order to carry out its powers and

duties under this Act and may set the terms of reference and mandate of those

committees.

(3) A committee established under subsection (2) may include individuals who are

not members of the commission but the committee must be chaired by a member

of the commission.

(4) An individual appointed to a committee established under subsection (2) who is

not a member of the commission

(

a) may be paid the remuneration set by the Lieutenant Governor in Council,

but only if the individual is not an employee under the Public Service Act,

and

(

b) must be reimbursed for reasonable travelling and out of pocket expenses

necessarily incurred in discharging the individual's duties under this Act.

(5) The commission may delegate the exercise or performance of any power or duty

conferred or imposed on the commission to

(

a) the chief executive officer, or

(

b) an officer or employee of the commission.

Special account established

(1) The Industry Training and Apprenticeship Special Account is established as a

special account in the general fund of the consolidated revenue fund.

(2) The special account consists of

(

a) money transferred to the special account from a vote, as defined in the

Financial Administration Act,

(

b) money placed in the special account under

section 20 (3),

(

c) the fees prescribed under

section 22 (2) (f), and

(

d) any revenues received by the commission in carrying out its mandate under

this Act.

(3) Subject to the approval of Treasury Board, money may be paid out of the special

account for

(

a) projects and initiatives undertaken by the commission in carrying out its

mandate under this Act, and

(

b) the costs associated with the operation and administration of the

commission and the special account.

(4) Subsection (3) applies despite

section 21 (3) of the Financial Administration Act .

Financial administration

(1) The commission must establish and maintain an accounting system satisfactory

to the Minister of Finance and Corporate Relations and must, whenever required

by that minister, render detailed accounts of its revenues and expenditures for the

period or to the day that minister designates.

(2) All books or records of account, documents and other financial records must at

all times be open for inspection by the minister or a person designated by the

minister.

(3) The Minister of Finance and Corporate Relations may direct the Comptroller

General to examine and report to the Minister of Finance and Corporate Relations

on any or all of the financial and accounting operations of the commission.

(4) The accounts of the commission must, at least once in every year, be audited and

reported on by an auditor appointed by the Lieutenant Governor in Council.

(5) The commission must, at the times specified by the minister, submit to the

minister for review and approval a multi-year business plan that includes

(

a) the commission's proposals for fees and revenue initiatives, expenditures

and the allocation of funds,

(

b) a statement of assets and liabilities of the commission, and

(

c) any other information the minister may require.

(6) The commission must, within 90 days of the fiscal year end, submit annually to

the minister in a form approved by the minister

(

a) a report of the commission on its operations for the preceding fiscal year,

(

b) a financial statement showing the revenues, expenditures, assets and

liabilities of the commission as of the end of the preceding fiscal year, and

(

c) the annual report of the auditor of the commission.

(7) The financial statement referred to in subsection (6) (

b) must be prepared in

accordance with generally accepted accounting principles.

(8) The fiscal year end of the commission is March 31.

(9) The reports and financial statement referred to in subsection (6) must be laid

before the Legislative Assembly within 120 days after the end of the fiscal year

for which the reports and statement are made if the Legislative Assembly is then

sitting or, if the Legislative Assembly is not then sitting, within 15 days after the

opening of the following session.

(10) The Minister of Finance and Corporate Relations is the fiscal agent of the

commission.

(11) The Lieutenant Governor in Council may designate administrative services that

the commission must obtain from the government or from any government corporation, agency, branch or department or other government organization or entity

that is specified in the order making the designation.

No borrowing or deficit

(1) The commission may not borrow money without the approval of the Lieutenant

Governor in Council and the Minister of Finance and Corporate Relations.

(2) The commission may not run a deficit without the approval of the Lieutenant

Governor in Council and the Minister of Finance and Corporate Relations.

Advisory committees

(1) The commission may establish an advisory committee to provide to the

commission advice and recommendations with respect to one or more aspects of

the commission's mandate.

(2) The role of an advisory committee and the criteria for appointment to an advisory

committee are to be established by bylaw of the commission.

(3) If an advisory committee is established under subsection (1), the commission

must seek the advice and recommendations of the advisory committee in carrying

out the commission's mandate.

(4) An individual appointed to an advisory committee

(

a) may be paid the remuneration set by the Lieutenant Governor in Council,

but only if the individual is not an employee under the Public Service Act,

and

(

b) must be reimbursed for reasonable travelling and out of pocket expenses

necessarily incurred in discharging the individual's duties under this Act.

Part 3 – Industry Training and Apprenticeship

Designation of trades and occupations

(1) Subject to subsection (2), for the purpose of encouraging the expansion and

coordination of training in any trade or occupation, the commission may, by

bylaw, designate that trade or occupation as a designated trade or a designated

occupation.

(2) The commission must, by bylaw, define what constitutes a trade or occupation

designated under subsection (1).

(3) The commission may designate a trade or occupation under subsection (1) only

if the designation is made in accordance with prescribed criteria.

(4) The commission must publish a list of designated trades and designated

occupations and must provide that list free of charge to anyone who requests it.

Compulsory certification

(1) The Lieutenant Governor in Council may, by regulation, specify that

(

a) a designated occupation is a compulsory certification occupation, and

(

b) a designated trade is a compulsory certification trade.

(2) The Lieutenant Governor in Council must, by regulation, define what constitutes

a trade or occupation specified under subsection (1).

(3) The commission may provide advice to the Lieutenant Governor in Council with

respect to specifying a designated trade or a designated occupation under

subsection (1).

(4) A person must not work in a compulsory certification trade or a compulsory certification occupation unless that person

(

a) is receiving training in that trade or occupation in accordance with an

agreement registered under

section 15, or

(

b) holds the credentials in that trade or occupation granted by the commission

under

section 16.

(5) An employer must not employ a person to work in a compulsory certification

trade or a compulsory certification occupation if the employer knows, or would

reasonably be expected to know, that the person is not permitted to work in that

trade or occupation under subsection (4).

(6) On application by a person referred to in subsection (4), the commission may

investigate the applicability of a regulation made under this

section to the person

in the particular circumstances of his or her practice or employment, and may

commission may specify.

Industry training and apprenticeship programs

(1) The commission must, by bylaw, establish an industry training or apprenticeship

program for every trade and occupation designated under

section 12.

(2) For each program established under subsection (1), the commission must, by

bylaw, set standards and requirements for the program including, but not limited

to the following:

(

a) the eligibility requirements for trainees and employers, including a limit on

the number of trainees for each employer;

(

b) the technical and practical content of the program;

(

c) the length of the program;

(

d) the standards for successfully completing the program;

(

e) the evaluative methods to be used for measuring the standards referred to in

paragraph (d).

(3) The commission must publish the bylaws made under this

section and must

provide a copy of those bylaws free of charge to anyone who requests them.

Industry training and apprenticeship agreements

(1) An industry training or apprenticeship agreement for registration under this Act

may be entered into by

(

a) a trainee in a designated trade or designated occupation, and

(

b) the trainee's employer or a person authorized in writing by the commission.

(2) Any party to an industry training or apprenticeship agreement may apply to the

commission to have the agreement registered under subsection (3).

(3) The commission may register an agreement referred to in subsection (2) if the

commission is of the opinion that the trainee will receive the experience or

training necessary to successfully complete the industry training or apprenticeship program established under

section 14 for the designated trade or

designated occupation.

(4) An industry training or apprenticeship agreement relating to a designated trade or

a designated occupation has no effect unless it is registered by the commission.

(5) The commission may suspend or cancel the registration of an industry training or

apprenticeship agreement if, in the opinion of the commission, the trainee is not

receiving the experience or training necessary to successfully complete the

industry training or apprenticeship program established under

section 14 for the

designated trade or designated occupation.

(6) A party to a registered industry training or apprenticeship agreement may

terminate it without the consent of the other parties.

(7) If a registered industry training or apprenticeship agreement is terminated, the

trainee and the principal must each notify the commission in writing.

(8) A registered industry training or apprenticeship agreement may be assigned to

another principal but only with the prior written approval of the commission and

the agreement of the parties.

(9) On registration of a minor's industry training or apprenticeship agreement, the

agreement is binding on all parties as if the minor were an adult.

(10) The commission may determine the form of a registered industry training or

apprenticeship agreement, including the terms of the agreement.

Granting of credentials in designated trades and occupations

(1) The commission may grant credentials in a designated trade or designated

occupation to any person who

(

a) successfully completes an industry training or apprenticeship program

established under

section 14 for that trade or occupation, or

(

b) otherwise meets the standards or requirements that are established,

approved or recognized by bylaw of the commission in respect of that trade

or occupation.

(2) The commission may suspend or cancel credentials granted under subsection

(1) if the commission is of the opinion that the holder of the credentials has not

maintained an acceptable standard of quality or skill in the practice of the

designated trade or designated occupation for which the credentials were granted.

(3) The commission may cancel credentials granted under subsection (1) if the

commission is of the opinion that the credentials

(

a) have been improperly altered in any manner,

(

b) were obtained by means of fraud, or

(

c) have been used for any purpose by a person other than the person to whom

they were granted.

(4) The commission must publish the bylaws made under subsection (1) (

b) and must

provide a copy of those bylaws free of charge to anyone who requests them.

Part 4 – General Provisions

Appeal officer

(1) The Lieutenant Governor in Council may appoint an individual as an appeal

officer to conduct appeals under

section 18 and may set the individual's terms of

appointment.

(2) An individual is not eligible to be appointed under subsection (1) if the individual

is a member of the commission or an officer or employee of the commission.

(3) An individual appointed under subsection (1)

(

a) may be paid the remuneration set by the Lieutenant Governor in Council,

but only if the individual is not an employee under the Public Service Act,

and

(

b) must be reimbursed for reasonable travelling and out of pocket expenses

necessarily incurred in discharging the individual's duties under this Act.

Appeals

(1) A person who is affected by any of the following decisions may appeal the

decision to the appeal officer:

(

a) the refusal to grant an exemption under

section 13 (6);

(

b) the refusal to register an agreement under

section 15;

(

c) the suspension or cancellation of the registration of an agreement under

section 15;

(

d) the refusal to grant credentials under

section 16;

(

e) the suspension or cancellation of credentials under

section 16.

(2) A person who has a right of appeal under subsection (1) may commence an

appeal by serving a notice of appeal in the prescribed form on the appeal officer

within 30 days of receiving written notice of the decision being appealed.

(3) The appeal officer must conduct an appeal under this

section in accordance with

the prescribed procedures.

(4) The appeal officer may, by order, do one or more of the following in respect of an

appeal under this section:

(

a) dismiss the appeal;

(

b) allow the appeal and give those directions, if any, that the appeal officer

considers appropriate in the circumstances;

(

c) vary the decision appealed from;

(5) The appeal officer must, in writing, notify the appellant and the commission of

the decision of the appeal officer.

(6) A person notified under subsection (5) may appeal the decision of the appeal

officer to the Supreme Court on a question of law.

Entry and inspection powers

(1) For the purposes of ensuring compliance with this Act and the regulations, an

inspector may, during regular working hours, do one or more of the following:

(

a) enter and inspect the premises, equipment and training facilities of an

employer;

(

b) inspect employer records and inquire into matters that relate to wages, hours

of work, conditions of employment or training;

(

c) on giving a receipt for a record referred to in paragraph (b), remove the

record to make copies or extracts;

(

d) require a person to produce a record for inspection under paragraph (b).

(2) Despite subsection (1), an inspector may enter a place occupied as a private

residence only with the consent of the occupant.

(3) The minister may, in writing, designate an individual as an inspector for the

purposes of conducting inspections under this section.

Industry assessments

(1) The Lieutenant Governor in Council may, by regulation, assess employers or

employees in a designated trade or designated occupation for the cost of

maintaining an industry training or apprenticeship program established under

section 14 for that trade or occupation.

(2) The commission may provide advice to the Lieutenant Governor in Council with

respect to making a regulation under subsection (1).

(3) The money assessed under subsection (1) must be collected from the employer or

employee and paid into the consolidated revenue fund but may, with the approval

of the minister and the Minister of Finance and Corporate Relations, be placed in

the special account.

Offences and penalties

(1) A person who contravenes

section 13 (4) or (5) commits an offence.

(2) If a corporation commits an offence under subsection (1), an employee, officer,

director or agent of the corporation who authorizes, permits or acquiesces in the

commission of the offence commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the

offence.

(4) Section 5 of the Offence Act does not apply to this Act or the regulations.

(5) A copy of a document granted or issued by the commission under this Act, and

certified by the chief executive officer as a true copy is, without proof of the chief

executive officer's appointment or signature,

(

a) evidence of the document, and

(

b) evidence that the person granting or issuing the document was authorized to

do so.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section

41 of the

Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) specifying additional duties of the commission for the purposes of

section

4 (1) (i);

(

b) prescribing criteria for the designation of a trade or occupation by the

commission under

section 12;

(

c) respecting the notice to be provided for decisions referred to in

section

18 (1);

(

d) prescribing the form of a notice of appeal for the purposes of

section 18 (2);

(

e) respecting the procedures to be followed in appeals conducted under

section

18;

(

f) prescribing a

schedule of fees that the commission may charge for the

services it provides under this Act.

Review of this Act

(1) The minister may appoint a committee to review this Act and evaluate how it is

functioning.

(2) The review committee may consult with business, labour, education and training

providers, government, learners, members of groups that are under-represented

in designated trades and designated occupations and any other person or organization it considers appropriate.

(3) If a review committee is appointed, it must provide to the minister an evaluation

report that

(

a) identifies any problems that arise under this Act, and

(

b) includes any recommendations about the need for amendments to this Act

or the regulations.

Transitional

(1) In this section, "former Act" means

the Apprenticeship Act , R.S.B.C. 1996, c. 16.

(2) An exemption granted by the director of apprenticeship under

section 22 (2) of

the former Act that is in effect on the day this

section comes into force is deemed

to be an exemption granted by the commission under

section 13 (6) of this Act.

(3) An apprenticeship agreement that is registered with the director of apprenticeship

under

section 13 of the former Act and that is in effect on the day that this

section

comes into force is deemed to be an agreement registered with the commission

under

section 15 of this Act.

(4) Certificates of apprenticeship and certificates of qualification issued by the

director of apprenticeship under

section 12 of the former Act that are in effect on

the day this

section comes into force are deemed to be credentials granted by the

commission under

section 16 of this Act.

Part 5 – Consequential Amendments, Repeal and Commencement

Barbers Act

Section 14 (1) of the Barbers Act, R.S.B.C. 1996, c. 24, is

amended by striking out " Apprenticeship Act ." and

substituting " Industry Training and Apprenticeship Act ."

College and Institute Act

Section 1 of the College and Institute Act, R.S.B.C. 1996,

c. 52, is amended in the definition of "post secondary education

or training" by striking out " Apprenticeship Act ;"

and substituting " Industry Training and Apprenticeship Act ;" .

Financial Information Act

Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by adding

"Industry Training and Apprenticeship Commission" .

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended

(

a) by striking out the following:

Public Body:

Provincial Apprenticeship Board

Head:

Minister of Advanced Education, Training and Technology , and

(

b) by adding the following:

Public Body:

Industry Training and Apprenticeship Commission

Head:

Chair .

Hairdressers Act

Section 8 (1) of the Hairdressers Act, R.S.B.C. 1996, c. 178,

is amended by striking out " Apprenticeship Act ." and substituting

"Industry Training and Apprenticeship Act ."

Skills Development and Fair Wage Act

30 The

definitions of "apprentice" , "certificate of apprenticeship" and "certificate of

qualification" in

section 1 of the Skills Development and Fair Wage Act, R.S.B.C. 1996,

c. 427, are repealed and the following substituted:

"apprentice" means a person who, to receive training,

enters into an industry training or apprenticeship agreement that is registered

under

section 15 of the Industry Training and Apprenticeship Act ;

"credentials" means the credentials granted by

the Industry Training and Apprenticeship Commission under

section 16 of the

Industry Training and Apprenticeship Act ; .

Section 4 (1) is amended

(

a) in paragraph (

a) by striking out "registered under the

Apprenticeship Act ," a nd substituting "apprentices," ,

(

b) by repealing paragraph (b),

(

c) in paragraph (

c) by striking out "a British Columbia certificate of qualification," and

substituting "credentials," , and

(

d) by repealing paragraph (

d) and substituting the following:

(

d) hold credentials with an Interprovincial Red Seal,

recognized by the Industry Training and Apprenticeship Commission under the

Industry Training and Apprenticeship Act , except for a trade or

occupation specified under

section 13 (1) of that Act.

Section 4 (2) is repealed and the following substituted:

(2) Subsection (1) applies only to a trade or occupation where both an industry

training or apprenticeship program and credentials are available under the

Industry Training and Apprenticeship Act .

Section 4 (4) is repealed and the following substituted:

(4) The ratio of apprentices to tradespersons at a construction

site must not exceed the limit set under

section 14 (2) of the Industry Training

and Apprenticeship Act .

Section 6 (1) (

b) is amended

(

a) in subparagraph (

i) by striking out "trade" wherever it appears and substituting

"trade or occupation" , and

(

b) by repealing subparagraph (ii) and substituting the following:

(ii) the employee's credentials number and, for apprentices, the apprenticeship level and the industry training or apprenticeship agreement

number; .

Section 9 (1) is amended

(

a) in paragraph (

a) by striking out "trade;" and substituting "trade or occupation;" , and

(

b) by repealing paragraph (

b) and substituting the following:

(

b) a copy of the employee's credentials or industry training or apprenticeship

agreement registered under

section 15 of the Industry Training and Apprenticeship Act , where applicable, and, for an apprentice, a record of the

apprenticeship level; .

Repeal

36 The Apprenticeship Act , R.S.B.C. 1996, c. 16, is repealed.

Commencement

37 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada