Bill 52 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly Of?Alberta Bill 52 the Manpower Development Act (Legislature 18, Session 2)

L18 S2 5624

Alberta — Bills

1976 Bill 52 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF?ALBERTA BILL 52 THE MANPOWER DEVELOPMENT ACT THE MINISTER OF ADVANCED EDUCATION AND MANPOWER First Reading . . . . . . . . . . . . . . . . . . . . '.' . . . . . . . . . Second Reading ......................... . Third Reading ............... . . . . . . . . . . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 52 BILL S2 1976 THE MANPOWER DEVELOPMENT ACT (Assented to HER MAJESTY, by and with the advice and consent oj the Legislative Assembly of Alberta, enacts as follows 1.

(1) In this Act, (a) "apprentice" means a person (

i) who is at least 16 years of age, and (ii) who enters into a contract of apprenticeshiI in accordance with

Part 3 under which he it to receive from or through his employer in· struction and continuous employment based OIl the amount of work available in a designated trade; (b) "Board" means the Alberta Apprenticeship and Trade Certification Board; (c) "Director" means the Director of Apprenticeship and Trade Certification; (d) (e) "employer" for the purposes of sections 24, 26 and 30 means 'a person or unincorporated group of persons to whom an apprentice is or is proposed to be bound in accordance with this Act, and who is re sponsible for the instruction and remuneration of the apprentice in a designated trade; "manpower programs and services" includes (

i) information, counselling, planning and t~st ing services to assist individuals in makl~g choices of careers and occupations and to aSSIst individuals in manpower training; Oi) employment placement services; (iii) manpower mobility services for the purpose of identifying locations inside or outside Alb~rtda where recruitment of individuals in deSIre occupations may be successful, assistin~ em ployers in Alberta who desire to recruIt em-

Explanatory Notes 1.

Definitions.

ploy~es insid~ or outside. Alberta, and provide ~ng. Informab~n and assIstance to individuals InSIde or outsIde Alberta who desire employ ment in Albe~ta; - (iv) manpower training, including training under

Part 3; (

v) voluntary and compulsory certification of in dividuals engaged in trades designated under

Part 3; (vi) certification of the competence of individuals engaged in occupations other than trades de signated under

Part 3; (vii) special manpower programs and proj'ects for individuals who are without employment or in employment unsuitable to their capacities; (viii) consultative and advisory services; (f) "Minister" means the Minister of Advanced Educa tion and Manpower; (g) "term of apprenticeship" means the interval of time established by regulation that an apprentice is re quired to serve from entry into to completion of an apprenticeship contract; (h) "trade" includes industry, trade, craft or business and any branch thereof; (i) "updating course" means a special course of train ing for certified tradesmen whose skill and knowl edge have become inadequate due to innovations and developments in their designated trade; (j) "upgrading course" means a special course of train ing established for the purpose of supplementing the technical knowledge of candidates eligible for examination under the provisions of Division 2 or 3 of

Part 3.

(2) In

Part 2, "designated trade" means a trade designa ted under any Division of

Part 3. 2

PART 1 MANPOWER P'RO'G,RAMS ~N'D SE'RVICES 2.

(1) The Minister shall pro~ide a comprehensive range of manpower programs and serVIces.

(2) The Minister is responsible for programs and servi. ces of the Government of Alberta relating to immigration to Alberta. 3. The Minister may, on behalf of the Government of Alberta, enter into agreements relating to demographic matters and to immigration programs and services (

a) with the Government of Canada or the government of a province or territory of Canada, upon the ap. proval of the Lieutenant Governor in Council, or (

b) with any municipal corporation, agency, organi. zation or other person. 3

2. Minister's duties. 3. Agreements. 3

PART 2 ADMINISTRATION 4 .. In accordance with The Public Service Act there shall b.e . ap~ointed a Director of Apprenticeship and Trade Cer. tIfICatIOn and such other employees as are necessary for carrying out the provisions of this Act. 5. The Director may delegate any of his powers duties! or functions under this Act to any officer pr empI~yee of the Department of Advanced Education and Manpower. 6. ( 1 ) There shall be a board known as the Alberta I Apprenticeship and Trade Certification Board consisting of the Director and the following members appointed by the Lieutenant Governor in Council: (

a) a chairman, (

b) not less than three memhers representing employ. ers and an equal number of members representing employees, (

c) one alt'ernate member representing employers and one alternate member representing employees who may act in the absence of members representing their respective classes, and (

d) additional members representative of the general public.

(2) The Board shall advise the Minister on all matters affecting the general conditions governing trade training and certification of workers in designated trades.

(3) The members of the Board other than the Director shall be paid remuneration for their services and allowances for their expenses necessarily incurred in the performance of their duties at a rate fixed by the Lieutenant Governor in Council. 7.

(1) The term of office of each Board member shall: be specified in the order for his appointment.

(2) The chairman (

a) shall be appointed for a term not exceeding five years, and (

b) may be re-appointed.

(3) Members appointed under

section 6, subsection (1), clause (

b) shall be appointed for a maximum of three years with terms of appointment so arranged that one member from each class shall be re-appointed or replaced each year.

(4) No member representing employers or employees may serve for more than two terms. 4

4. Director and staff. 5. Delegation of authority of Director. 6. Board. 7. Tenn of office. 4

(5) When for any reason a vacancy on the Board occurs the Minister shall appoint another person to fill the vacancy for the remainder of the term of the member so replaced,

(6) Notwithstanding any vacancy, the Board may con tinue to function as though all positions were filled. 8.

(1) Subject to subsection (2), only members of the Board representing employers and employees have the right to vote on any matter before the Board.

(2) The chairman of the Board may vote only in the event of a tie vote.

(3) The chairman and a majority of voting members then holding office constitute a quorum at a meeting of the Board.

(4) The Board may from time to time hold public meet ings to obtain opinions and recommendations from employ ers, employees, organizations and the general public on matters relating to its responsibilities under this Act. 9.

(1) The Board may appoint a Local Advisory Com mittee for any designated trade in any area of Alberta which it specifies as being one where activity relating to that trade is substantial.

(2) A Local Advisory Committee shall consist of not less than three members and shall include (a) (b) (c) (

d) the Director, who shall act as chairman, not less than one member representing employers and an equal number of rn'embers representing employees, one alternate member representing employers and one alternate member representing 'employees who may act in the absence of members appointed un der clause (

b) in the class which they represent, and any additional members recomm~nded by the Dir ector and approved by the Board.

(3) Members representing employers or employees on a Local Advisory Committee shall be persons currently associated with and knowledgeable about the designated trade.

(4) Local Advisory Committee members other ~han the Director shall be paid remuneration for their serVIces and allowances for expenses necessarily incurred in. the pert formance of their duties at a rate fixed by the Lleutenan Governor in Council. 5

8. Conduct of business of the Board. 9. Local Advisory Committee. 5

~o. Members of a L?~al Advisory Committee shall bea . pOInted for terms specIfIed by the Board which shall be ~o arranged as to provide for periodic replacement of memo bers. 11.

(1) Subject to subsection (2), only members repre. sentingemployers or employees have the right to vote on any matter before the Local Advisory 'Committee.

(2) The chairman of a Local Advisory Committee may vote only in the event of a tie vote.

(3) Meetings of a Local Advisory Committee shall be held at the call of the chairman.

(4) The chairman shall call not less than three meetings in each 12-month period following the appointment of the Local Advisory Committee.

(5) The chairman and a majority of voting members then holding office constitute a quorum at a meeting of the Committee.

(6) A Local Advisory Committee shall, with respect to the designated trade for which it was appointed, (

a) assist and advise the Director in matters relating to apprenticeship training and certification in its (b) (c) (

d) area; hear complaints by and disputes betwe·en appren tices, employees and employers pertaining to ap prenticeship training and certification in its area; if it is unable to resolve a complaint or dispute by direct consultation with the parties involved, make recommendations to the Director with respect theretO'; prepare and submit recommendations for consi deration by the Provincial Advisory Committee. 12.

(1) A Provincial Advisory Committee shall be established by the Board for each designated trade and shall include (

a) the Director, who shall be chairman, (

b) Local Advisory Committee members for that trade, and (

c) additional members appointed by the Board on the recommendation of the Director.

(2) Provincial Advisory Committe'e members shall be paid remuneration for their services and allowances f~r expenses necessarily incurred in the performance. of theIr duties at a rate fixed by the Lieutenant Governor III Coun cil. 6

10. Term of office. II. Voting, meetings and duties of a Local Advisory Committee. 12. Provincial Advisory Committees. 6

(3) M'embers of Provincial Advisory Committees pointed under the provisi?ns of

section 13, subsection (~). clause (

c) shall be appoInted for terms specified by th' Board and so arranged as to provide for periodic replac ~ ment of members. e ~.

(1) SubJect to subsection (2), only members repre. sentIng employees or employers on a Local Advisory Com. mittee are entitled to vote on any matter before a Provin. cial Advisory Committee.

(2) The chairman may vote only in the event of a tie vote.

(3) Provincial Advisory Committee meetings shall be held at the call of the chairman on a hasis of not less than one meeting every two years.

(4) The chairman and a majority of voting members then holding office constitute a quorum at a meeting of the Committee. 14. A Provincial Advisory Committee shall (

a) make recommendations to the Board with respect to (b) (c) (

i) any matters pertaining to apprenticeship or other trade training and certification under this Part, and (ii) trade regulations for the designated trade for which it was appointed; review the training programs and certification reo quirements of the trade for which it was appointed and make recommendations to the Director for such revisions as are needed to maintain relevance and effectiveness; develop and approve policies of accreditation where training programs in the educational syst~m, armed forces or other occupational preparatIOn systems can be shown to meet the skill and. kno'Y' ledge requirements of a specific apprentIceshIp program. 15.

(1) All documents required to be issued or kept by this Act or the regulations shall be approved by the Board.

(2) All documents approved under subsection (1) are the property of the Government and shall be used in accordance with the regulations . . 16. For the purpose of administering this A~t, the DIrector Or any authorized representative of the DIrector may 7

13. Conduct of business of the Committee. 14. Duties of Provincial Advisory Committees. 15. Documents. 16. Inspection authority. 7

(

a) enter upon any place at any reasonable time for th purpose of performing any duty assigned to hi~ under the authority of this Part; (

b) require an employer to disclose (

i) payroll records, or (ii) job classifkations, or (iii) the killd of work, or (i

v) the qualifications, of any of his employees who are or may be working in a designated t]}ade. 17.

(1) Any person affected by a decision or order of the Director under this Act may, within 30 days from the date the decision or order is made, appeal in writing to the Board.

(2) Where the Board receives an appeal under subsec tion (1), it shall fix a date, time and place to hear the appeal.

(3) The Board shall notify all parties concerned in the appeal of the date, time and place of the hearing.

(4) The Board shall hear and dispose of the appeal with in 90 days after the appeal is filed with the Board and shall in writing notify the parties thereto of its decision which is final.

(5) In the hearing of an appeal the Director shall not sit as a Board member but he or his agent is entitled to appear and be heard with respect to the decision or order con cerned. 8

17. Appeals. 8

TRAINING AND CERTIFICATION OF WORKERS ENGAGE!D IN TRADES Division 1 Apprenticeship and Trade Training 18. In this Division, "designated trade" means a trade designated under

section 19. 19.

(1) The Lieutenant Governor in Council may from time to time designate by order any trade therein described as a trade to which this Division applies, whether or not a petition is received under

section 20 or an investigation is made under

section 21.

(2) Designation of a trade under this Division 'Shall be deemed to include designation under Divis,ion 2 unless the trade is also specifically designated under Division 3. 20. Upon receipt by the Minister of (

a) a petition signed by a representative number of employers or a representative number of employees in any trade, or (

b) a j oint petition signed by a representative group of enlployers and a representative group of em ployees in any trade, asking to have that trade designated as a trade to which this Division applies, the Minister may refer the petition to the Board 'and the Board !shall thereupon arrange for any investigation it considers necessary to determine (

c) whether the persons signing the petition represent a trade, (

d) whether the persons signing the petition constitute a representative number or group of employers or employees lin a trade, and (

e) whether a trade is suitable for designation under this Division, and shall report thereon to the Minister. 21. The Minister may instruct the Board to arrange for an investigation into any trade for the purpose of deter mining whether the trade should be designated as a trade to which this Division applies or whether a designation of a trade under this Divis,ion should be rescinded. 22. Subject to the regulations the Director shall provide for and maintain ' (

a) a register of every apprenticeship contract, 9

18. Definition. 19. Designation for training. 20. Petition for designation. 21. Investigation initiated by Minister. 22. Duties of Director. 9

(

b) a separate file for each current apprenticeship contract, and (

c) a record of all transfers, cancellations, term ina. Hons and complet,ions of each contract. 23. No person may be engaged in any designated trade in any c1apacity other than as a journeym'an, unless that person (

a) has filed with the Director a subsisting application for apprentkeship in the prescribed form, or (

b) is an apprentice whose contract is registered under the provisions of this Division, or (

c) holds a special authorization issued by the Director. 24.

(1) No person shall enter into a contract of ap prenticeship in a designated trade except in accordance with this Division.

(2) Every contract of apprenticeship shall be in a form prescribed by the Director and approved by the Board.

(3) Every contract of apprenticeship shall be signed by (

a) the prospective apprentice and, if he is a minor, by a parent or guardian of the prospective ap prentice, (

b) the employer, and (

c) the Director. 25.

(1) The Director, on the recommendation of the Local Advisory Committee for a designated trade, may grant to an apprentice in that trade credit for previous training and experience in the designated trade but at no time shall the term of contract of apprenticeship be less than the minimum period prescribed by the regulations for that trade.

(2) The Director may grant credit to an appren~ice. in a designated trade on the basis of policies of accredItatIOn approved by the Provincial Advisory Committee for that trade. 26.

(1) When a contract of apprenticeship is required under the provisions of this Division, the employer and the prospective apprentice are jointly responsible to ap~ly forthwith, upon commencement of work by the prospectIve apprentice in a designated trade for a contract of appren- ticeship. '

(2) If the application is rejected an explanatory state ment shall be forwarded forthwith' to the applicants. 10

23. Compulsory participation. 24. Apprenticeship contracts. 25. Credits. 26. Apprenticeship application. 10

(3) If the application is approved, a contra:et O'f ap prenticeship shall, within 60 days, be forwarded to' the parties concerned for execution.

(4) Upon receipt of the contract the employer shall within 30 days, ' (

a) submit the signed contract to the DirectO'r fO'r reg is,tration, or (

b) return the unsigned contract, if the persO'n is no longer engaged by him in the trade. '27.

(1) A >contract of apprenticeship may be termin ated by the Director (

a) where he is satisfied there has been (

i) any contravention of this Act or the regula tions, or (ii) any breach of any term of the contract, or (

b) by agreement of the apprentice and the employer, or (

c) upon the recommendation of the Local Advisory Committee, 'if the Committee is satisfied that good and sufficient reason has been shown by the em ployer or apprentice and no agreement to ter minate the contract has been reached.

(2) Where the terms of the contract of apprenticeship cannot be fulfilled or the contract is terminated under sub

section ( 1 ), the Director may, if circumstances warrant, arrange for the contra:ct to be transferred to' anO'ther employer and arrange (

a) for the assignment to the new emplO'yer O'f any remaining benefits and obligations under the con tract, or (

b) for the making of a new contract between the apprentice and the new employer in substitution for the contract terminated and in terms as nearly as possible similar thereto and taking intO' account any benefits received under the former cO'ntract.

(3) Notwithstanding subsection (2), the transfer O'f a contract of apprenticeship to a new emplO'yer is nO't effec tive until it is approved by the Director and a CO'Py of the assignment or of the new contract, as the case may be, is registered with the Director. 28. The provisions of The Alberta Labour Act, 1~73 apply to apprentices but where the terms of a cO'llectIve agreement provide any terms of employment O'f an ap prentice that are less advantageous for an apprentice than those established by the regulations of the BO'ar~, ~he terms established by the regulations apply in subsbtutlOn for those less advantageous terms of the agreement. 11

27. Termination of contract. 28. Application of The Alberta Labour Act, 1973. 11

(1) Upon the recommendation of the Director the Board may app~ove and provide for the implementati~n of (

a) prerequisite courses for those workers who fail to meet established entrance requirements for ap prenticeship in designated trades, or (

b) upgrading courses.

(2) The Minister, upon Ithe recommendation of the Board, may approve and provide for the implementation of updating courses. ·30.

(1) The Lieutenant Governor in Council may make gener1al regulations governing the following matters com mon to all trades designated under this Division: (

a) the criteria to be considered by the Board when conducting linvestigations with respect to petitions for the designation of trades; (

b) the procedures necessary for the administration of apprenticeship and trade training programs; (c) (d) (

e) eligibility requirements for prospective apprentices; contractual obligations of apprentices and em ployers; matters relating to the contents, registration and transfer of contracts of apprenticeship; (

f) matters relating to the content and use of record or progress books; (

g) the issuance of Ce~tificates of Completion of Apprenticeship; (

h) educational improvement courses; (

i) any matter which by virtue of its consistent in clusion in all regulations pertaining to particular trades has become common to all designated trades; (

j) examination of apprentices; (k)any fees payable to the Government under this Division. 12

29. Prerequisite, upgrading and updating courses. 30. Regulations. 12

(2) The Minister may, with respect to a designated trade, make regulations: (a) (b) (c) (d) (e) (

f) establishing the qualifications of persons who may become apprentices; fixing the maximum ratio of journeymen to ap prentices in Alberta to be allowed to an employer; fixing the term of apprenticeship to be served' , governing the establlishment of and issue to each a pprentice of an official record of progress; subj ect to the provisions of The Alberta Labour Act, 1973, fixing the hours of work and rates of wages for apprentices; governing the instruction and practical training to be given an apprentice by the employer; (

g) governing the course of school training to be given apprentices; (

h) prescribing the nature and number of instructional classes to be attended by apprentices; (

i) providing for the issue of a certificate .of comple tion of apprenticeship to every apprentice who ;s'atisfaotorily serves the prescribed term of ap prenticeship and completes his school training to the satisfaction 'Of the Board; (

j) prescribing the qualifications of persons who may become eligible for educational improvement courses arranged by the Board in any subj ect; (

k) prescribing the nature, length and content of ed ucational improvement courses; (

I) prescribing the qualifications of persons who may become eligible for upgrading oourses; (

m) prescribing the nature, length and content of up grading courses; (

n) pres1cribing the qualifications of persons who may become eligible for updating courses; (0) prescribing the nature, length and content of up dating courses, 31. The Director may authorize techniC'al training o,f persons in a designated trade by persons other than qual~ fied tradesmen, Division 2 Voluntary Certification of Tradesmen 32. In this Division, "designated trade" m'eans a trade designated under

section 33. 13

31. Training in special situations. 32. Definition. 13

33. The Minister, on the recommendation of the Board may from time to time designat'e by order any trade therei~ a,s a designa~e.d tr~de to ~hich this Divi~ion applies whether or noOt a petItIOn IS receIved under

sectIOn 34 or an investi. gation is made under

section 35. 34. Upon receipt by the Minister of (

a) a petition signed by a representative number of employers or a representative number of employees in any trade, or (

b) a j oint petition signed by a representative group of employers and a repreS'entative group of em ployees in any trade, asking toO have that trade designated as a trade to which this Division applies, the Minister may refer the petition to the Board and the Board shall thereupon arrange for such investigation as it considers necessary to determine (

c) whether the persons signing the petition represent a trade, (

d) whether the persons signing the petition constitute a represenbaltive number or group of employers or employees in a trade, and (

e) whether a trade is suitable for designation under this Division, and shall report thereon to the Minister . . 35. ( 1 ) The Minister may instruct the Board to arrange for an investigation into any trade for the purpose of de termining whether a trade should he designated as a trade to which this Division applies, or whether a designation of a trade under this Division should be rescinded.

(2) The designation of a trade under this Division may not be rescinded while the trade is also designated under Division 1 unless designation under this Division is re placed by designation under Division 3. 3 1 6. When a trade is designated under this Divisio~, the Director, upon the recommendation of a Local Advlsor~ Committee, may issue certificates to persons who at that time, through experienee and general coOmpetence, are re cognized by the Committee as skilled tradesmen in that trade. 370

(1) The Lieutenant Governor in Council may make general regulations governing the following matters com mon to all trades designated under this Division: (

a) the criteria to be considered by the Board :v.hen conducting ~nvestigations with respect to petItIons for designation of trades under this Division; 14

33. Designation for voluntary certification. This Division applies for the examination of persons employed in trades designated under this Division, the establishment of standards for such examinations and the issuance of Certificates of Qualification to persons who meet the established standards. 34. Petition of designation. 35. Investigation initiated by Minister. 36. Certification of persons at time of designation. 37. Regulations. 14

(

b) the procedures necessary for administration of the certification program; (

c) fees payable for services provided by the Director' , (

d) examinations; (

e) eligibility of Alberta apprenticeship graduates with Certificates of Completion of Apprenticeship or of other persons to receive :a Certificate of Proficiency without examination; (

f) any matter which by virtue of its consistent in clusion in all regulations pertaining to particular designated trades has become common to all desig nated trades; (

g) upgrading courses; (

h) updating courses.

(2) The Minister may, with respect to a designated trade, make regUlations: (

a) providing for the appointment of examination com mittees; (

b) prescribing the period of validity of Certificates of Qualifioation ; (

c) providing for (

i) the cancellation or suspension of Certificates of Qualification for cause, and (ii) the periodic renewal of Certificates of Qualifi cation; (

d) establishing the eligibility requirement of trades men wishing to be examined; (

e) providing (

i) for issuance of appropriate classes of Certifi cates of Qualification, (ii) for issuance of Certificates of Qualification without examination to the holders of certifi cates issued by other agencies or provinces of 15

Canada which it considers as being equivalent of the Certificate of Qualification issued under this Division, and (iii) for reciprocal certification agreements be. tween Alberta and other provinces in trades designated under this Division.

(3) The Board, on the recommendation of the appropri. ate Provincial Advisory Committee or examination com mittee for a designated trade, may prescribe (

a) the nature, scope and extent of examinations, (

b) the standards of achievement to be attained by persons upon examination before the issuance of Certificates of Qualification, and (

c) the conditions for issuance of Certificates of Quali. fication, for that trade. Division 3 Compulsory Certification of Tradesme.n 38 .. In this Division, "designated trade" means a trade designated under

section 39. 39. In the interest of public protection or general safety the Lieutenant Governor in Council may from time to time designate by order any trade therein described as a trade to which this Division applies whether or not a petition is reo ceived under

section 40 or an investigation is made under

section 41. 40. Upon receipt by the Minister of (

a) a petition signed by a representative number of employers or a representative number of employees in any trade, or (

b) a joint petition signed by a representative group of employers and a representative group of employees in any trade, or (

c) a petition from members of the general public, the Minister may refer the petition to the Board. and t~e Board shall thereupon arrange for such investigatIOn as It considers necessary to determine (

d) whether the persons signing the petition represent a trade, (

e) whether the persons signing the petition constitute a representative number or group of employers or employees in a trade, and (

f) whether a trade is suitable for designation under this Division, and shall report thereon to the Minister. 16

38. Application. 39. Designation for compulsory certification. This Division authorizes the designation of trades as occupations in which all persons engaged therein are required to hold valid Certificates of Proficiency or be established as trainees in a specified program of training. It also provides for the examination of eligible persons employed in trades designated under this Division, the establish ment of standards for examinations and the issuance of Certificates of Proficiency to persons who meet the established standards. 40. Petition for designation. 16

41. The Minister may instruct the Board to arrange for an investigation into any trade for the purpose of deter. mining whether the trade should be designated as a trade to which this Division applies or whether a designation of a trade under this Division should be rescinded. 42.

(1) When a trade is designated as one to which this Division applies, a person who is working in the trade at the time the designation comes into force shall within one year from that time apply to the Director for a Certificate of Proficiency.

(2) Pursuant to subsection (1), a Certificate of Profici. ency in a designated trade may be issued without an 'exam. ination to any person who (

a) is the holder of a certificate of Completion of Ap. prenticeship for that trade, or (

b) is the holder of a Certificate of Qualification for that trade, or (

c) satisfies the Director and the Local Advisory Com· mittee or examination committee for the designa· ted trade that he has been employed in that trade for a length of time not less than that specified in the regulations and has demonstrated his compe tence in that trad'e.

(3) Any person who does not qualify for a Certificate of Proficiency under subsection (2.) shall register in an ap· proved training program for that trade prescribed by the regulations. 43. (1 ) No person shall engage in any designated trade unless that person is (

a) the holder of a subsisting Certificate of Profici· ency for that trade, or (

b) exempt und'er the provisions of

section 46.

(2) Notwithstanding subsection (1), where a particular task comes within the description of more than one trade, a person holding a Certificate of Proficiency in anyone of those trades may perform that particular task. 44. No employer or other person shall authorize or re quire any employee or other person to undertake any work in a designated trade if by so doing that employee or other person would contravene the provisions of

section 43. ·45.

(1) The Lieutenant Governor in Council may make general regulations governing the following matters com mon to all trades designated under this Divi,sion: 17

41. Investigation initiated by Minister. 42. Certification of persons at the time of trade designation. 43. Compulsory certification. 44. Offence. 45. Regulations. 17

(

a) the criteria to be considered by the Board when reviewing petitions for des'ignation of trades; (

b) the procedures necessary to the administration of the certification program; (

c) any fees payable to the Government under this Division; (

d) examinations; (

e) eligibility 'Of Alberta apprenticeship graduates with Certificates of Completion of Apprenticeship or of other persons to receive a Certificate of Proficiency without examination; (

f) any matter which by virtue of its consistent in clusion in 'all regulations pertaining to particular designated trades has become common to all desig nated trades.

(2) The Minister may, with respect to a designated trade, make regulations: (

a) providing for the appointment of examination com mittees; (

b) providing that specified certificates issued with re spect to a designated trade by any other body or person are Certificates of Proficiency for the pur poses of this Division; (

c) prescribing the period of validity of the Certificates of Proficiency; (

d) providing for (

i) the periodic renewal of Certificates of Profici ency, (ii) the issuance of appropriate classes of Certifi cates of Proficiency, (iii) the issuance of Certificates of Proficiency without examination to holders of certificates issued under the laws of any other province when it considers such classes of certificat'es as being the equivalent of Certificates of Pro ficiency issued under the provisions of this Division, and 18

(iv) reciprocal certification agreements betweenl Alberta and other provinces respecting trades' designated under this Division; (

e) est~blishing the eligibility of tradesmen to be ex amIned; (

f) provide for recognition of programs of training other than apprenticeship training in a designated trade where that trade is not also designated under Division 1.

(3) The Board, on the recommendation of the Provincial Advisory Committee or examination committee for a de signated trade, may prescribe (

a) the nature, scope and extent of examinations, (

b) the standards of achievement to be attained by persons upon examination before the issuance of Certificates of Proficiency, and (

c) the conditions for issuance of Certificates of Pro ficiency, for that trade. 46.

(1) Nothing in this Division prohibits the employ ment in a designated trade of (

a) apprentices in that trade whose contracts of ap prenticeship are registered under Division 1; (

b) trainees registered in work experience programs approved by the Board in that designated trade; (

c) students engaged in part-time work experi'ence pro grams approved by the Director; (

d) persons with disabilities who are authorized by the Director to be 'employed within their capabili ties to do work included in the description of the designated trade; (

e) persons engaged in factory mass production and in plant assembly operations under supervision and inspection appropriate to the operations and pr? cesses used, notwithstanding the fact that c~rt~m tasks so performed may fall within the descriptIon of the designated trade.

(2) Nothing in this Division or the regulations under this Division prohibits any person who is not the holder of ,a Certificate of Proficiency from carrying out work on hIS own property for his own use. 47 .. Subject to the regUlations the Director shall be re~, sponsible to provide for and mai~tain (

a) a register of Certificates of Proficiency issued un der this Division; 19

46. Exemptions. 47. Maintenance of records. 19

(

b) any other records and files which may be required for the administration of this Division. 48. The Director may cancel or suspend any Certificate of Proficiency where he is satisfied that the holder thereof has contravened this Act or the regulations or for any other cause which he considers sufficient. Division 4 General 49. Any person who contravenes any provision of this II Part of the regulations is guilty of an offence and liable' on

summary conviction (

a) for the first offence to a fine of not more than $1,000, and (

b) for a second or subsequent offence, to a fine of not more than $2,,000. 20

48. Suspension or cancellation of Certificate of Proficiency. 49. Offences. 20

PART 4 MANPOWER ADVISORY COUNCIL 50.

(1) The Lieutenant Governor in Council shall ap point an advisory body to the Minister known as the Manpower Advisory Council.

(2) The Manpower Advisory Council shall consist of six members representative of the general public interest a chairman and any other members whieh are recom~ mended by the Minister to serve ex officio.

(3) The Oouncil shall (

a) conduot a continuing review of the manpower goals and needs of Alberta and of manpower development with respect to those goals and needs having regard to the public interest; (

b) advise and make policy recommendation to the Minister on the basis of the review conducted pursuant to clause (

a) and on any related matters which may from time to time be referred to it by the Minister; (IC) make an annual report of its activities to the Minister; (

d) make any interim reports or recommendations to the Minister that it considers desirable.

(4) The Council shall meet at the call of the chairman, but not less than five times a year.

(5) The members of the Council shall be paid remuner ation for their services and allowances for expenses neces sarily incurred in the performance of their duties at a rate fixed by the Lieutenant Governor in Council.

50. Manpower Advisory Council. 21

PART 5 TRANSITIONAL, CON'SEQUENTIAL AND COMMENCEMENT 51. The Licensing of ,Trades and' Businesses Act is amended (

a) as to

section 3, clause (

b) by striking out the words "The Welding Act" and by substituting therefor the words "The Manpower Development Act", and (

b) as to

section 12, clause (

a) by striking out the words "The Tradesmen's Qualification Act" and by substituting therefor the words "The Man power Development Act". 52. Wherever a reference is made to The Apprentice. ship Act, The Welding Act or The Tradesmen's Qualifica. tion Act in any statutory provision not amended by this Act or in any regulation, order, direction or other instru. ment in force in Alberta, the reference shall be deemed to be a reference to The Manpower Development Act. 53. Any order, regulation, direction, appointment or contract made, given or approved under The Apprenticeship Act, The.

Welding Act or The Tradesmen's Qualification Act that is in force upon the commencement of this Act shall continue in force and shall be deemed to have been ma.de, given or approved under this Act. 54. The following Acts are repealed: The Apprenticeship Act; The Tradesmen's Qualification Act; The Welding Act. 55. This Act 'comes into force on a date to be fixed by Proclamation.

U. Consequential amendments. 52. Other references. 53. Instruments under former Acts. 54. Repeal. 22 Title: 1976 (18th, 2nd) Bill 52, The Manpower Development Act

Document details

Collection	Alberta — Bills
Citation	L18 S2 5624
Type	bill
Volume / chapter	L18 S2 5624
Language	en
Format	json
Source	PROVINCIAL
Identifier	d0707aa6e4cdcf13bd7a6a069c959232ee7c37a9

Source file is stored in the law ingest library (json).