Bill 35 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 35 Apprenticeship, Training and Certification Act (Legislature 20, Session 3)

L20 S3 3373

Alberta — Bills

1985 BILL 35 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 APPRENTICESHIP, TRAINING AND CERTIFICATION ACT THE MINISTER OF MANPOWER First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 35 BILL 35 1985 APPRENTICESHIP, TRAINING AND CERTIFICATION ACT (Assented to , 1985) TABLE OF CONTENTS

Definitions 1 Executive Director and staff 2 Board established 3 Composition of Board 4 Expiry of term 5 Resignations 6 Remuneration 7 Clerical assistance 8 Board rules 9 Local Apprenticeship Committees 10 Provincial Apprenticeship Committees 11 Entry and inspection 12 Application to Court 13 Designation of trades 14 Investigation initiated by Minister 15 Issue of certificates 16 Termination and cancellation 17 Appeal to Board 18 Appeal to Court 19 Offence to perform work 20 Offence re: contract of apprenticeship 21 Penalty , 22 Ministerial regulations 23 Consequential 24 Transitional 25 Repeals RSA 1980 cM-3 26 Coming into force 27 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) "apprentice" means a person who enters into a written con tract of apprenticeship; (b) "Board" means the Alberta Apprenticeship, Training and Certification Board; (c) "Department" means the Department of Manpower; (d) "designated trade" means a trade designated under

section 14;

(e) "employer" for the purposes of sections 10(2)(b), 17(1) and 23(l)(

c) and (

d) means a person or group of persons to whom a person is or is proposed to be bound under a contract of appren ticeship in a designated trade and who is responsible for the re muneration and training of the apprentice; (0 "Executive Director" means the Executive Director of Ap prenticeship, Training and Certification; (g) "Minister" means the Minister of Manpower. Executive 2(1) In accordance with the Public Service Act there shall be ap- Dircctor and siaif pointed an Exccutivc Dircctor of Apprenticeship, Training and Cert ification and any other staff that is necessary to carry out this Act.

(2) The Executive Director may in writing delegate any power or duty given to or imposed on him by this Act or the regulations to an employee in the Department. Board established Composition of [Board 3( 1) There is hereby established the Alberta Apprenticeship, Train ing and Certification Board.

(2) In addition to the powers and duties given to or imposed on it under this Act and the regulations, the Board shall advise the Min ister on all matters affecting apprenticeship, training and certification in trades. 4( 1) The Board shall consist of the following persons: (

a) the Executive Director; (

b) the following members appointed by the Lieutenant Gover nor in Council: (

i) a chairman; (ii) not fewer than 3 members representing employers in des ignated trades and an equal number of members who are employees in designated trades; (iii) 1 alternate member representing employers in designated trades and 1 alternate member who is an employee in a des ignated trade; (iv) not more than 2 additional members who represent the general public; (v) 1 alternate member who represents the general public.

(2) The Executive Director is a non-voting member.

(3) The Lieutenant Governor in Council may designate a member of the Board as vice-chairman.

(4) A member of the Board other than the Executive Director shall be appointed for a term not exceeding 3 years.

(5) A member of the Board appointed under subsection (l)(b)(i), (») or (iv) IS eligible for reappointment for a 2nd term of office, but not for a further term of office until the expiration of a period of 3 years after the end of his 2nd term

Expiry of term

(6) An alternate member of the Board shall act during the temporary absence or inability to act of a member from the class the alternate member represents, and is eligible (

a) to be reappointed as an alternate member for a 2nd term of office, and (

b) to be appointed as a member under subsection (l)(b)(ii) or (iv), as the case may be.

(7) The appointment of members pursuant to subsection (l)(b)(ii) shall be arranged so that at least 1 member from each class is reap pointed or replaced each year.

(8) Notwithstanding subsection (5), any member of the Board is eli gible for appointment as chairman. 5 A member of the Board continues to hold office after the expiry of his term of office until (

a) he is reappointed, (

b) his successor is appointed, or (

c) a period of 3 months expires, whichever occurs first. 6 If a person resigns his membership on the Board, his appointment as a member of the Board terminates on the effective date specified in his resignation or, if no effective date is specified, on the date of receipt of his resignation by the Board. 7 The members of the Board, other than the Executive Director and any other person who is an employee of the Government, shall be paid (

a) remuneration for the performance of their duties as members of the Board, and (

b) travelling and living expenses necessarily incurred in the per formance of their duties as members of the Board, at rates prescribed by the Lieutenant Governor in Council. 8 The Minister may provide clerical and secretarial services re quired by the Board. 9(1) The Board may make rules respecting the calling of its meetings, the conduct of business at its meetings and any other procedural matters it considers necessary.

(2) Rules made under subsection (1) are not effective until they have been approved by the Minister.

(3) The Regulations Act does not apply to rules made under subsec tion (1). Local 10(1) The Board may appoint a Local Apprenticeship Committee &mi«eef" for any designated trade in any area of Alberta in which it considers that activity relating to that trade is substantial. Resignations Remuneration Clerical assistance Board rules

(2) A Local Apprenticeship Committee may, with respect to the area and the designated trade for which it is appointed, (

a) make recommendations to the Provincial Apprenticeship Committee on matters relating to apprenticeship, training and certification, and (

b) with the consent of the parties involved, hear complaints by and disputes between employees and employers pertaining to ap prenticeship, training and certification and attempt to settle the complaints or disputes.

(3) A Local Apprenticeship Committee may engage technical and other special advisors and any other assistance it considers necessary to assist it in carrying out its duties and exercising its powers under this Act and the regulations.

(4) A Local Apprenticeship Committee shall consist of (

a) an employee in the Department who is named by the Exec utive Director and who shall be chairman, (

b) at least 1 member representing employers and an equal num ber of members who are employees in the designated trade for which the Committee is appointed, and (c) 1 alternate member representing employers and 1 alternate member who is an employee in the designated trade for which the Committee is appointed.

(5) The member referred to in subsection (4)(

a) is a non-voting member.

(6) A person appointed under subsection (4)(

b) or (

c) shall be asso ciated with and knowledgeable about the designated trade for which the Local Apprenticeship Committee is appointed.

(7) A member of the Board shall not be a member of a Local Ap prenticeship Committee.

(8) Members of a Local Apprenticeship Committee appointed under subsection (4)(

b) or (

c) shall be appointed for a term not exceeding 3 years.

(9) A member of a Local Apprenticeship Committee appointed under subsection (4)(

b) is eligible for reappointment for a 2nd term of office, but not for a further term of office until the expiration of a period of 3 years after the end of his 2nd term.

(10) An alternate member of a Local Apprenticeship Committee shall act during the temporary absence or inability to act of a member from the class the alternate member represents, and is eligible (

a) to be reappointed as an alternate member for a 2nd term of office, and (

b) to be appointed as a member under subsection (4)(b).

(11) Sections 5 to 8 and

section 9(1) and (3) apply, with all necessary modifications, to a Local Apprenticeship Committee as if it were the Board.

Provincial Apprenticeship Committees Entry and inspection 11(1) There is hereby established a Provincial Apprenticeship Com mittee in respect of each designated trade, each of which shall consist of (

a) an employee in the Department who is named by the Exec utive Director and who shall be chairman, and (

b) the Local Apprenticeship Committee members for the trade in respect of which the Provincial Apprenticeship Committee is appointed.

(2) The member referred to in subsection (l)(

a) is a non-voting member.

(3) In addition to the powers and duties given to or imposed on it under this Act and the regulations, a Provincial Apprenticeship Committee may, with respect to the designated trade for which it is appointed, make recommendations to the Board respecting matters related to apprenticeship, training and certification.

(4) A Provincial Apprenticeship Committee may engage technical and other special advisors and any other assistance it considers necessary to assist it in carrying out its duties and exercising its powers under this Act and the regulations.

(5) Sections 5 to 8 and

section 9(1) and (3) apply, with all necessary modifications, to a Provincial Apprenticeship Committee as if it were the Board. 12(1) The Executive Director or a person appointed by him in writ ing may, for the purpose of determining whether this Act and the regulations are being complied with, (

a) at any reasonable hour and with the consent of the owner or person in control of the premises or place, enter and inspect any premises or place in which he has reason to believe an individual is or was employed in a designated trade; (

b) require an employer to produce books, records or documents containing the following information respecting any of his em ployees who the Executive Director or his appointee has reason to believe are or were engaged in a designated trade: (

i) payroll records; (ii) job classifications; (iii) type of work performed; (iv) qualifications; (

c) make copies of documents referred to in clause (

b) or remove them for the purpose of making copies of them.

(2) Where the Executive Director or his appointee removes any books, records or other documents under subsection (l)(c), he shall (

a) give to the person from whom the items were taken a receipt for the items, and (

b) forthwith return the items to the person from whom they were taken when they have served the purposes for which they were taken.

Application to Court 13(1) Where the owner or person in control of a premises or place referred to in

section 12(l)(

a) refuses to aUow the Executive Director or his appointee to exercise his powers under

section 12 or hinders or interferes with the Executive Director or his appointee in the exercise of his powers, the Executive Director or his appointee may apply by originating notice to a judge of the Court of Queen's Bench for an order directing the owner or person in control to do or refrain from doing anything as the judge considers necessary in order to enable the Executive Director or his appointee to exercise his powers, and the judge may make the order accordingly.

(2) An application under subsection (1) may be made ex parte where the judge considers it proper to allow such an application. Designation of trades Investigation initiated by Minister Issue of certificates Termination and cancellation 14(1) The Lieutenant Governor in Council may make regulations (

a) designating trades as trades to which one of the following applies: (

i) apprenticeship training and volimtary certification; (ii) apprenticeship training and compulsory certification; (iii) voluntary certification; (iv) compulsory certification; (

b) defining the tasks and activities that are included in a trade designated under clause (a).

(2) A designation may be made under subsection (1) whether or not an investigation has been made under

section 15. 15 The Minister may instruct the Board to arrange for an investi gation into a trade for the purpose of determining whether the trade should be designated under

section 14 or whether the designation of the trade under

section 14 should be rescinded and, on being so instructed, the Board shall arrange for the investigation and report the results of the investigation, together with its recommendations, to the Minister. 16 The Executive Director may, in accordance with the regulations, issue Certificates of Completion of Apprenticeship, Certificates of Qualification and Certificates of Proficiency in a designated trade to persons who meet the requirements estabhshed in the regulations. 17(1) The Executive Director may cancel the registration of a con tract of apprenticeship (

a) with the agreement of the employer and the apprentice, (

b) if he is satisfied that the employer or the apprentice has con travened this Act, the regulations or a term of the contract, or (

c) if he is satisfied that the employer or the apprentice has shown good reason why the registration should be cancelled and no agreement to cancel the registration has been reached between them.

(2) The Executive Director may cancel or suspend a Certificate of Qualification or a Certificate of Proficiency (

a) if the certificate holder contravenes this Act or the regula tions, or (

b) if it is in the public interest to do so.

(3) Where the Executive Director suspends a certificate under sub section (2), he may do so subject to any conditions he considers appropriate. Appeal to Board 18(1) A pcrsou who is aggrieved by a decision of the Executive Di rector (

a) to refuse to register a contract of apprenticeship in accordance with the regulations, (

b) to cancel or refuse to cancel the registration of a contract of apprenticeship, or (

c) to cancel or suspend a Certificate of Qualification or a Certif icate of Proficiency may appeal the decision to the Board by filing a notice of appeal with the Board.

(2) A notice of appeal shall (

a) set out the decision being appealed, (

b) give the reasons for the appeal, and (

c) be filed with the Board not more than 30 days after the ap pellant receives notice of the decision being appealed.

(3) When the Board receives a notice of appeal under subsection (1), it shall fix a date, time and place to hear the appeal.

(4) The Board shall notify all persons who, in the Board's opinion, are interested in the appeal of the date, time and place of the hearing.

(5) The Executive Director shall not sit as a member of the Board on an appeal under this

section but may appear and make represen tations at the hearing.

(6) Subject to subsection (8), the Board shall, within 90 days after the appeal is filed with the Board, hear and dispose of the appeal and in writing notify the persons interested in the appeal of its decision.

(7) The Board may confirm, reverse or vary the decision of the Ex ecutive Director and make any decision that, in its opinion, the Ex ecutive Director should have made under subsection (1).

(8) The Board may adjourn a hearing under this

section from time to time and may extend the time period referred to in subsection (6). Appeal to Court 19 The Exccutivc Director or a person whose appeal is heard by the Board may appeal the decision of the Board by filing an onginating notice with the Court of Queen's Bench within 30 days of being notified of the decision, and the Court may make any order that the Board may make under

section 18(7).

Offence to 20(1) No pcrson shall perform work (

a) perform any work in a trade designated under

section 14(l)(a)(

i) unless any of the following requirements applies: (

i) he has filed with the Executive Director an application for apprenticeship training in that trade and the apphcation is subsisting; (ii) he is an apprentice whose contract of apprenticeship in that trade is registered; (iii) he is the holder of a Certificate of Completion of Ap prenticeship in that trade; (iv) the trade has been newly designated and he has applied for certification pursuant to regulations under

section 23(l)(

f) that authorize the certification in a newly designated trade of persons in the trade at the time the trade is designated; (

v) he is a trainee registered in a work experience program in that trade and the program is approved by the Executive Director; (vi) he is a student engaged in a part-time work experience program in that trade and the program is approved by the Executive Director; (vii) he is a disabled person authorized by the Executive Di rector to perform work included in the description of that trade; (viii) he holds a special authorization issued by the Executive Director to perform the work; (ix) the work is in factory mass production or in-plant assem bly operations and the method and degree of supervision and inspection are approved by the Executive Director as being appropriate to the operations and processes used; (

x) he satisfies the Executive Director that he has worked in that trade outside of Alberta for at least the period of time prescribed in the regulations; (xi) he is the holder of a Certificate of Qualification in that trade; (xii) he meets certain work experience requirements that are prescribed by the regulations applicable to that trade; (

b) perform any work in a trade designated under

section 14(l)(a)(ii) unless (

i) any of the requirements of clause (a)(

i) to (ix) appUes, or (ii) he is the holder of a subsisting Certificate of Proficiency in that trade; (

c) perform any work in a trade designated under

section 14(l)(a)(iv) unless (

i) any of the requirements of clause (a)(iv) to (ix) applies, or (ii) he is the holder of a subsisting Certificate of Proficiency in that trade.

Offence re: contract of apprenticeship Penalty Ministerial regulations

(2) Notwithstanding subsection (1), where a particular task is in cluded within the description of more than 1 designated trade, (

a) a person who holds a Certificate of Qualification or a Certif icate of Proficiency with respect to any of the designated trades in which that task is included, or (

b) a person to whom regulations under subsection (l)(a)(xii) re specting any of the designated trades in which that task is in cluded apply may perform that task.

(3) No person shall employ or otherwise permit a person to perform any work contrary to subsection (1).

(4) Nothing in subsection (1) prohibits an individual from perform ing work on property that is owned or occupied by him or his im mediate family and is solely for his own personal use or the personal use of his immediate family.

(5) The Executive Director may (

a) give approvals for the purposes of subsection (l)(a)(v), (vi) and (ix), and (

b) give authorizations for the purposes of subsection (l)(a)(vii) and (viii). 21 No person shall enter into a contract of apprenticeship in a des ignated trade except in accordance with the regulations. 22 A person who contravenes this Act or the regulations is guilty of an offence and liable (

a) for the first offence to a fine of not more than $1000, and (

b) for a 2nd or subsequent offence, to a fine of not more than $2000. 23(1) The Minister may make regulations (

a) respecting the manner of making and handhng requests for designation of trades under

section 14; (

b) respecting the criteria to be considered by the Board vvhen conducting investigations under

section 15 or under regulations under clause (

a) with respect to the designation of trades; (

c) respecting eligibility requirements of apprentices and their employers; (

d) respecting the administration of apprenticeship training pro grams, including, without limitation, regulations respecting (

i) the contractual obligations between apprentices and their employers, (ii) matters relating to the contents, registration and transfer of contracts of apprenticeship.

(iii) matters relating to the issuing, contents and use of record of progress books, (iv) the maximum number of apprentices that may be em ployed by an employer, (

v) the term of apprenticeship to be served, (vi) the granting of credit to a prospective apprentice for pre vious training and experience in a trade, (vii) the hours of work and rates of wages for apprentices, subject to the Employment Standards Act, and (viii) the instruction and practical training to be given to an apprentice; (

e) providing for the issuing of Certificates of Completion of Ap prenticeship; (

f) providing for the issuing of Certificates of Qualification and Certificates of Proficiency including, without limitation, regula tions respecting (

i) eligibility requirements to receive a certificate, (ii) the issuing of different classes of certificates, (iii) the period of validity of certificates and the renewal of certificates, and (iv) the issuing of temporary certificates; (

g) providing that specified certificates issued with respect to a trade by a body or person other than the Executive Director are Certificates of Qualification or Certificates of Proficiency, as the case may be, for the purposes of this Act; (

h) respecting reciprocal certification agreements between Alberta and other provinces respecting trades; (

i) respecting all aspects of examinations (

i) to determine eligibility of a person to become an appren tice in a designated trade, (ii) given during apprenticeship training m a designated trade, and (iii) to determine a person's eligibility to receive a Certificate of Completion of Apprenticeship, a Certificate of Qualifica tion or a Certificate of Proficiency in a designated trade including, without limitation, regulations respecting (iv) the persons who must take examinations and the times at which and the manner in which and the conditions under which they must take them, (

v) the nature, scope and extent of examinations, and (vi) the standards of achievement to be attained by persons taking examinations; 10

(

j) respecting the giving of (

i) educational improvement courses for persons who fail to meet the eligibility requirements for apprenticeship in desig nated trades, (ii) courses for persons engaged in designated trades, and (iii) technical courses in designated trades for persons who do not hold a Certificate of Completion of Apprenticeship, a Certificate of Qualification or a Certificate of Proficiency, as the case may be, in the trade; (

k) respecting the payment of fees for any thing or service the Executive Director is required or permitted by the Act or the regulations to do or provide.

(2) A regulation under subsection (1) may be made to apply (

a) generally to all trades designated under

section 14, (

b) generally to all trades with the same designation under sec tion 14, or (

c) to a particular trade designated under

section 14.

(3) Where any term of a collective agreement as defined in the Lab our Relations Act that is applicable to an apprentice is less advanta geous to him than the regulations under subsection (1) relating to the same subject matter, the regulations supersede the collective agree ment in respect of that subject matter. Consequential 24 The Department of Manpower Act is amended (

a) in

section 1 by adding the following after clause (b): (c) "programs and services relating to manpower" includes (

i) information, counselling, planning and testing services to assist individuals in making choices of careers and oc cupations and to assist individuals in manpower training; (ii) employment placement services; (iii) manpower mobility services for the purpose of iden tifying locations inside or outside Alberta where recruit ment of individuals in desired occupations may be suc cessful, assisting employers in Alberta who desire to recruit employees inside or outside Alberta, and providing infor mation and assistance to individuals inside or outside Alberta who desire employment in Alberta; (iv) programs and services provided for under the Ap prenticeship, Training and Certification Act; (

v) manpower training generally; (vi) certification of the competence of individuals en gaged in occupations other than designated trades under the Apprenticeship, Training and Certification Act; 11

(vii) job creation and job training programs; (viii) consultative and advisory services. (

b) by adding the following after

section J. S.I

(1) The Lieutenant Governor in Council shall appoint an advisory body to the Minister known as the Manpower Ad visory Council.

(2) TheManpower Advisory Council shall consist of 6 mem bers who represent the general public interest, a chairman and any ex officio members who are recommended by the Min ister.

(3) The Council shall (

a) conduct 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 gen eral pubhc interest; (

b) advise and make policy recommendations 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; (

c) 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 caU of the chairman, but not less frequently than 5 times a year.

(5) The members of the Council shall be paid remuneration for their services and allowances for expenses necessarily in curred in the performance of their duties at a rate fixed by the Lieutenant Governor in Council. Transitional 2S(1) In this scctlon 'former Act" means the Manpower Development Act.

(2) The members of the Alberta Apprenticeship and Trade Certifica tion Board under the former Act continue as the members of the Alberta Apprenticeship, Training and Certification Board for the pur poses ofthis Act until they are replaced or reappointed under this Act.

(3) The members of the Local Apprenticeship Committees and Prov incial Apprenticeship Committees under the former Act continue as the members of the Local Apprenticeship Committees and Provincial Apprenticeship Committees for the purposes ofthis Act until they are replaced or reappointed under this Act. ^ImM^'^ ^^ ^^^ ^^f^Power Development Act is repealed. i^rfoL ^^ -^^" ^^^ ^^^^^ into force on Proclamation. 12 Title: 1985 (20th, 3rd) Bill 35, Apprenticeship, Training and Certification Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3373
Type	bill
Volume / chapter	L20 S3 3373
Language	en
Format	json
Source	PROVINCIAL
Identifier	e057523ae916b93fd6a3702608cf2a7f748c16a2

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