Apprenticeship and Trade Certification Regulations

Regulation
Registration
R-056-2012
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Apprenticeship, Trade and Occupation Certification Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.6 amended by R-051-2021,s.3,4 in force Aug. 27, 2021
  • s.13 amended by R-051-2021,s.3,4 in force Aug. 27, 2021
  • s.23 amended by R-051-2021,s.3,4 in force Aug. 27, 2021
  • s.25 amended by R-051-2021,s.3,4 in force Aug. 27, 2021
  • s.27 amended by R-051-2021,s.10 in force Aug. 27, 2021
  • s.27.1 amended by R-051-2021,s.10 in force Aug. 27, 2021
  • s.32 amended by R-051-2021,s.12 in force Aug. 27, 2021
  • s.sched_2 amended by R-150-2018,s.2
  • s.sched_2 amended by R-051-2021,s.13 in force Aug. 27, 2021
  • s.sched_3 amended by R-150-2018, art. 2
  • s.sched_3 amended by R-051-2021, art. 13 in force Aug. 27, 2021
Cites
Cited by
  • None.
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 27.1. 27.1 28. 28 29. 29 30. 30 31. 31 32. 32 SCHEDULE SCHEDULE ANNEXE

The Commissioner, on the recommendation of the Minister, under section 19 of the Apprenticeship, Trade and Occupation Certification Act and every enabling power, makes the Apprenticeship and Trade Certification Regulations.

INTERPRETATION

Definitions

1.

In these regulations,

"applicant" means a person who applies under subsection 8(1); (candidat)

"apprenticeship program" means an apprenticeship program that is established by the Director pursuant to section 2; (programme d’apprentissage)

"apprenticeship time" means the total number of hours of work experience and training an apprentice gains in a level of an apprenticeship program, including on-the-job training and time attending technical training courses; (temps d’apprentissage)

"completion of apprenticeship certificate" means a certificate of completion of apprenticeship referred to in paragraph 11(1)(c) of the Act; (fin d’apprentissage)

"employer" means a person by whom an apprentice is or is to be employed under a contract as defined in section 1 of the Act, and who is responsible for on-the-job training and remuneration of the apprentice; (employeur)

"journeyperson" means a holder of a certificate of qualification; (compagnon)

"technical training course" means a course of formal study established or approved by the Director for each level in an apprenticeship program; (cours de formation technique) "tradesperson" means, in respect of a designated trade, a person who

(a) works in that trade,

(b) is not a journeyperson for that trade, and

(c) possesses, in the opinion of the Director, sufficient work experience in that trade to train or supervise an apprentice. (personne de métier)

ADMINISTRATION

Apprenticeship Program

2.

(1) The Director shall, in consultation with the Board, establish an apprenticeship program for each designated trade.

(2) An apprenticeship program must consist of one or more levels of training in a designated trade.

(3) Each level of an apprenticeship program must

(a) include a minimum of 1,800 hours of apprenticeship time; and

(b) incorporate technical training courses and examinations approved by the Director.

(4) The Director may waive or reduce the requirement under paragraph (3)(a) on the recommendation of the Board.

3.

(1) A technical training course in the Northwest Territories must have the following aspects approved by the Director before it is delivered:

(a) the location of the course;

(b) the major pieces of equipment used in the instruction of the course;

(c) the instruction materials;

(d) the curriculum.

(2) Where a technical training course is approved by the Director, no major change may be made to any aspect of the course unless it is first approved by the Director.

4.

No person shall instruct an apprentice in a technical training course unless the person is

(a) a journeyperson in the designated trade; or

(b) a person who holds certification that is equivalent to a certificate of qualification in the designated trade, pursuant to an enactment of a province or territory.

Examinations

5.

(1) The Director may administer an examination

(a) in writing;

(b) orally; or

(c) by means of demonstration.

(2) A person who does not possess a sufficient knowledge of English or French may take an examination, required under these regulations, with the assistance of an interpreter.

(3) An interpreter who provides assistance must not have any training or experience in the trade being examined.

Replacement Certificates

6.

(1) A request under paragraph 11(2)(a) of the Act for a replacement certificate must

(a) be made in the form and manner directed by the Minister; and

(b) include the non-refundable replacement certificate fee set out in Schedule B.

(2) A replacement certificate may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met. R-051-2021,s.3,4.

Technical Training Courses

7.

(1) The Director may, with respect to technical training courses for a level of an apprenticeship program, enter into an agreement with any person for the placement or provision of an apprentice in the courses.

(2) The Director may charge the apprentice fees not to exceed the cost of the placement or the cost of the technical training courses.

APPLICATIONS

Application for Apprenticeship

8.

(1) Under this section, a person may, in respect of a designated trade, apply to the Director to enrol in an apprenticeship program.

(2) An application must include

(a) a completed application, in a form approved by the Director, that includes the applicant’s name, home address, home and work telephone numbers and date of birth;

(b) details of all previous training, examinations or work experience relating to the designated trade;

(c) the non-refundable application for apprenticeship fee set out in Schedule B; and

(d) any other information the Director requires.

(3) The Director may approve an application if he or she is of the opinion that the applicant has sufficient education for enrolment into the apprenticeship program.

(4) The Director may, for the purposes of reaching an opinion under subsection (3), require the applicant to take an approved entrance examination.

Recognition of Training, Examinations and Work Experience

9.

(1) An applicant may apply to the Director for recognition of previous training, examinations or work experience.

(2) An application under subsection (1) must include

(a) a completed application, in a form approved by the Director, that includes the applicant’s name, home address, home and work telephone numbers and date of birth;

(b) details of all previous training, examinations or work experience relating to the designated trade;

(c) the non-refundable prior learning assessment fee set out in Schedule B; and

(d) any other information the Director requires.

(3) Where the Director concludes that there is sufficient proof of previous training, examinations or work experience, he or she may, in respect of the apprenticeship program to which the application relates,

(a) recognize the applicant’s previous training, examinations or work experience; and

(b) grant credits in accordance with section 10.

Granting of Credits

10.

(1) Where the Director recognizes training, examinations or work experience under section 9, he or she may grant credits towards

(a) time spent in on-the-job training;

(b) technical training courses or examinations; or

(c) time spent in technical training courses.

(2) The Director shall not grant more than one hour of credit for each hour of on-the-job training that the applicant has completed.

(3) The Director shall not

(a) recognize any credit granted ten years or more before the date of application made under section 9; or

(b) grant credit for any on-the-job training that occurred ten years or more before the date of application made under section 9.

Progressive Examinations

11.

(1) In this section, "progressive examination" means an examination approved by the Director to determine if an applicant has sufficient technical knowledge in a designated trade, equivalent to the technical knowledge that an apprentice would have after completing a level of an apprenticeship program.

(2) An applicant may apply to the Director to take a progressive examination if the applicant has worked at least 1,800 hours in the designated trade.

(3) An application under subsection (2) must include

(a) a completed application, in a form approved by the Director, that includes the applicant’s name, home address, home and work telephone numbers and date of birth;

(b) details of all previous training, examinations or work experience relating to the designated trade;

(c) the non-refundable progressive examination fee set out in Schedule B; and

(d) any other information the Director requires.

(4) The Director shall allow an applicant to take a progressive examination for the first level of the apprenticeship program if

(a) the Director is satisfied that the applicant meets the requirements of subsection (2); and

(b) the applicant provides the Director with an application that meets the requirements of subsection (3).

(5) The Director shall allow the applicant to take a progressive examination for the second level of an apprenticeship program if

(a) the applicant passes the progressive examination for the first level of the apprenticeship program; and

(b) the Director is satisfied that the applicant has worked at least 3,600 hours in the designated trade.

(6) A progressive examination may not be re-taken.

(7) A progressive examination may not be written after the Director certifies a contract between the apprentice and his or her employer.

(8) When an applicant passes a progressive examination,

(a) the Director shall credit the apprentice with completion of all apprenticeship time and technical training courses for the level of the apprenticeship program relating to the examination; and

(b) the apprentice shall continue as an apprentice at the level immediately above the level of the last examination passed.

APPRENTICESHIP

Apprentice

12.

(1) An applicant becomes an apprentice when the Director

(a) approves the application under subsection 8(3); and

(b) certifies the contract under section 14 of the Act.

(2) When the applicant becomes an apprentice, the apprentice shall submit a request for a certificate of status under paragraph 11(2)(a) of the Act.

13.

(1) A request by an apprentice under subsection 12(2) must

(a) be made in the form and manner directed by the Minister; and

(b) include the non-refundable certificate of status fee set out in Schedule B.

(2) A certificate of status may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met.

(3) A certificate of status issued under this section must indicate the apprentice is undertaking the first level of the apprenticeship program. R-051-2021,s.3,4.

Certification of Contract

14.

(1) An employer and applicant shall jointly apply to the Director for certification of a contract.

(2) The application must include

(a) a completed application, in a form approved by the Director, that includes

(i) the applicant’s name, home address, home and work telephone numbers and date of birth, and

(ii) the employer’s name, work address and work telephone number;

(b) a copy of the contract; and

(c) any other information the Director requires.

(3) If a contract is transferred, the new employer and apprentice shall prepare and submit a notice of transfer of contract in a form and manner approved by the Director.

Conditions of Apprenticeship

15.

An apprentice shall, as a condition of the apprenticeship,

(a) attend the place of work of the employer during the established hours of work and not be absent without good cause;

(b) show due regard for the property of the employer and avoid damage and waste of that property;

(c) attend required technical training courses and take the examinations required in the apprenticeship program; and

(d) notify the Director if the apprentice ceases to be employed as an apprentice.

16.

(1) An employer shall, as a condition of the apprenticeship,

(a) keep an apprentice employed for the period stated in the contract, unless sufficient work is not available;

(b) provide adequate training and work experience for an apprentice in all aspects of the designated trade, as the facilities and the scope of business permit;

(c) ensure an apprentice is adequately supervised by

(i) a journeyperson in the designated trade, or

(ii) a tradesperson in the designated trade;

(d) allow an apprentice to attend technical training courses required in his or her apprenticeship program;

(e) permit the Director to

(i) inspect the conditions of employment of an apprentice,

(ii) visit and confer with an apprentice, or

(iii) inspect all records relating to the work experience and training of an apprentice; and

(f) notify the Director when employment of an apprentice ceases.

(2) An employer shall, at the request of the Director, produce for inspection any information necessary to show that the employer or apprentice are complying with the Act and these regulations.

Apprentice’s Record Book

17.

(1) The Director shall approve the form of an apprentice’s record book and issue one to each apprentice.

(2) The apprentice shall

(a) keep his or her record book in a good and safe condition; and

(b) produce the record book for inspection at the request of the Director, the instructor of a technical training course or the employer.

(3) The employer shall, as directed by the Director, record the hours and nature of the apprenticeship time accumulated by the apprentice in the apprentice’s record book when

(a) termination, cancellation, transfer, completion or other variation of the contract occurs; or

(b) completion of each level of the apprenticeship program occurs.

(4) The Director shall record the hours and marks of an apprentice after he or she attends a technical training course

(a) in the record book of the apprentice; and

(b) by any other means approved by the Director.

(5) Where the Director is not satisfied that the record book is current or accurate, he or she shall not allow the apprentice to progress to the next level of the apprenticeship program until the Director is satisfied that the record book is current and accurate.

Replacement Record Books

18.

(1) An apprentice may apply to the Director for a replacement of a record book.

(2) The application must include

(a) a completed application, in a form approved by the Director, that includes the apprentice’s name, home address, home and work telephone numbers, and date of birth;

(b) the non-refundable replacement of record book fee set out in Schedule B; and

(c) any other information the Director requires.

(3) The Director may, on an application under subsection (1), issue a replacement record book.

Supervision of Apprentice

19.

(1) An employer who employs an apprentice shall employ or be

(a) a journeyperson in the designated trade;

(b) a tradesperson in the designated trade who is approved by the Director; or

(c) a journeyperson or tradesperson in a related trade who is approved by the Director.

(2) An employer shall not employ more than two apprentices for each journeyperson or tradesperson referred to in subsection (1), unless the Director permits otherwise.

(3) An employer shall, at termination, cancellation, transfer, completion or other variation of a contract, submit to the Director an evaluation of the performance of the apprentice, in a form approved by the Director.

Attendance

20.

(1) Where an apprentice is enrolled in a technical training course and he or she is absent for more than 5% of the total course time, the Director may direct that the apprentice withdraw from the course.

(2) Where an apprentice fails a technical training course, he or she may attend the course only once more, unless the Director permits otherwise.

(3) An apprentice who is unemployed may, with the approval the Director, attend technical training courses at his or her current level of an apprenticeship program.

Wages

21.

(1) An employer is not required to pay wages to an apprentice during the time the apprentice attends technical training courses.

(2) An employer shall pay an apprentice the following percentages of the wages the employer would pay a journeyperson in the designated trade:

(a) an apprentice who is registered in a four-level apprenticeship program shall receive not less than

(i) 50% in level one,

(ii) 60% in level two,

(iii) 70% in level three, and

(iv) 80% in level four;

(b) an apprentice who is registered in a three-level apprenticeship program shall receive not less than

(i) 55% in level one,

(ii) 65% in level two, and

(iii) 80% in level three;

(c) an apprentice who is registered in a two-level apprenticeship program shall receive not less than

(i) 60% in level one, and

(ii) 80% in level two;

(d) an apprentice who is registered in a one level apprenticeship program shall receive not less than 65%.

Level Examinations

22.

(1) In this section, "level examination" means an examination of an apprentice that

(a) relates to a particular level of an apprenticeship program; and

(b) has as its objective the confirmation that the apprentice has acquired the necessary training and work experience for that level.

(2) An apprentice may take a level examination if

(a) he or she completes all technical training courses required for that level; or

(b) he or she is

(i) granted credit, under section 10, for completion of all technical training courses required for that level.

(3) Where an apprentice takes a level examination and achieves a grade of

(a) 70% or more, the apprentice passes the examination;

(b) 69% or more but less than 70%, the apprentice passes the examination with the designation "credit pass";

(c) 68% or more but less than 69% and the employer approves of the apprentice passing the examination, the apprentice passes the examination; or

(d) less than 68% or does not achieve a grade, the apprentice does not pass the examination.

(4) Where an apprentice does not pass a level examination, the apprentice may

(a) write a supplemental level examination, if his or her grade is 50% or more; or

(b) repeat all technical training courses for the level, if his or her grade is less than 50%.

(5) Where an apprentice takes a supplemental level examination and achieves a grade of

(a) 70% or more, the apprentice passes the examination;

(b) 68% or more but less than 69% and the employer approves of the apprentice passing the examination, the apprentice passes the examination; or

(c) less than 68% or does not achieve a grade, the apprentice does not pass the examination.

(6) Where an apprentice does not pass a supplemental level examination, the apprentice is not permitted to write another supplemental examination but he or she may repeat all technical training courses for the level.

(7) An apprentice shall submit a request for a certificate of status under paragraph 11(2)(a) of the Act if, in respect of a level of the apprenticeship program, he or she

(a) passes a level examination or supplemental level examination;

(b) completes and passes the technical training courses;

(c) completes the required apprenticeship time; and

(d) receives a satisfactory report from his or her employer recommending advancement to the next level.

23.

(1) A request by an apprentice under subsection 21(7) must

(a) be made in the form and manner directed by the Minister; and

(b) include the non-refundable certificate of status fee set out in Schedule B.

(2) A certificate of status may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met. R-051-2021,s.3,4.

Completion of Apprenticeship Certificate

24.

An apprentice shall submit a request for a completion of apprenticeship certificate under paragraph 11(2)(a) of the Act if, in respect of that apprenticeship program, he or she

(a) passed a level examination or supplemental level examination for each level;

(b) completed and passed all technical training courses for each level;

(c) completed the required apprenticeship time for each level; and

(d) received a satisfactory report from his or her employer recommending that the apprentice become a journeyperson.

25.

(1) A request by an apprentice under subsection 24 for a completion of apprenticeship certificate must

(a) be made in the form and manner directed by the Minister; and

(b) include the non-refundable completion of apprenticeship certificate fee set out in Schedule B.

(2) A completion of apprenticeship certificate may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met.

(3) The Minister may declare that the apprentice meets the requirements of subsection 11(2) of the Act if the apprentice has at least 80% of the apprenticeship time required to be completed in the apprenticeship program. R-051-2021,s.3,4.

Qualification Examinations

26.

(1) In this section, "qualification examination" means an examination of a person other than an apprentice to determine if the person has sufficient work experience and training to be issued a certificate of qualification in a designated trade.

(2) A person other than an apprentice may apply to the Director to take a qualification examination.

(3) The application must include

(a) a completed application, in a form approved by the Director, that includes

(i) the person’s name, home address, home and work telephone numbers and date of birth, and

(ii) the employer’s name, work address and work telephone number;

(b) the non-refundable qualification examination fee set out in Schedule B; and

(c) any other information the Director requires.

(4) The Director may approve the application if the person supplies proof satisfactory to the Director of having been engaged in the designated trade

(a) in a manner that demonstrates sufficient variety of experience in the trade to establish competence; and

(b) for a period that is not less than the term of the apprenticeship program for the designated trade plus 1,800 hours.

(5) Where the Director approves of the application, the person may take the qualification examination.

(6) The Director may, where the person fails a qualification examination, permit the person to

(a) take a supplemental qualification examination;

(b) take technical training courses as directed; or

(c) gain further work experience as directed.

(7) A non-refundable supplemental qualification examination fee as set out in Schedule B must be paid to the Director before the person takes that examination.

Certificate of Qualification

27.

(1) In this section, "interprovincial Red Seal examination" means an examination that is

(a) a Canadian Interprovincial Red Seal Examination for a designated trade, and

(b) approved by the Canadian Council of Directors of Apprenticeship under the Interprovincial Red Seal Program.

(2) A person may request a certificate of qualification in a designated trade under subsection 11(2) of the Act, if the person

(a) holds a completion of apprenticeship certificate;

(b) has passed, in respect of that trade,

(i) the qualification examination referred to in section 26, or

(ii) the interprovincial Red Seal examination; or

(c) holds certification that is equivalent to a certificate of qualification pursuant to an enactment of a province or territory.

(3) A request by person under subsection 11(2) of the Act for a certificate of qualification must

(a) be made in the form and manner directed by the Minister; and

(b) include the non-refundable certificate of qualification fee set out in Schedule B.

(4) A certificate of qualification may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met. R-051-2021,s.3,4.

Achievement in Business Competencies (Blue Seal) Program and Certificate R-051-2021,s.10.

27.1.

(1) The Director shall, in consultation with the Board, establish or approve an achievement in business competencies (Blue Seal) program for each designated trade.

(2) The purpose of the achievement in business competencies (Blue Seal) program is to provide recognition to the holder of a certificate of qualification in a designated trade, that the holder has completed the required program of courses in business subject areas.

(3) A person is eligible for the achievement in business competencies (Blue Seal) program, if the person holds a certificate of qualification in a designated trade issued under subsection 27(4).

(4) The achievement in business competencies (Blue Seal) program must consist of an approved program of courses and the program must

(a) be approved by the Director;

(b) be offered by a training provider recognized by the Director; and

(c) have a duration of at least 150 hours.

(5) A person is eligible for a business competencies (Blue Seal) certificate, if the person

(a) has completed the approved program of courses referred to in subsection (4);

(b) holds a certificate of qualification in a designated trade issued under subsection 27(4); and

(c) is resident and has been resident in the Northwest Territories for at least three months.

(6) A request under paragraph 11(2)(a) of the Act for a business competencies (Blue Seal) certificate must

(a) be made in a manner and form directed by the Minister;

(b) include proof of completion of the approved program of courses referred to in subsection (4);

(c) include proof of the applicant's certificate of qualification;

(d) include proof of any change of name under the Change of Name Act;

(e) include the non-refundable business competencies (Blue Seal) certificate fee set out in Schedule B; and

(f) include any other information required by the Minister.

R-051-2021,s.10.

APPEALS

Notice of Appeal

28.

(1) An appeal to the Board under subsection 14(4) or 15(3) of the Act must be made within 30 days of the delivery of the refusal, termination or cancellation.

(2) Notice of the appeal must be delivered to the Chairperson of the Board, the Director and all parties to the contract.

(3) The notice of appeal must

(a) be in writing;

(b) state the reasons for the appeal; and

(c) be signed by the appellant.

Review by Board

29.

(1) The Board shall, at its next meeting following receipt of the notice of appeal, review the appeal.

(2) The Board may, after reviewing the appeal, decide either to

(a) recommend to the Minister that an appeal panel be established; or

(b) reject the appeal.

(3) The Board shall notify the appellant of its decision in writing and provide reasons.

Review by Appeal Panel

30.

(1) Where an appeal panel is established under subsection 8(1) of the Act for the purpose of hearing the appeal referred to in section 28 of these regulations, the chairperson of the appeal panel shall give notice to the parties of the date, time and place of the hearing of the appeal.

(2) A party may, at any hearing before the appeal panel,

(a) present his or her own case before the appeal panel, in writing or in person; or

(b) be represented by any person whom he or she chooses.

(3) The appeal panel shall make a decision within a reasonable time after hearing an appeal.

(4) The appeal panel may, after hearing an appeal,

(a) order the Director to certify a contract;

(b) order a contract be continued or varied;

(c) uphold a decision by the Director with respect to a contract; or

(d) order a contract be cancelled or terminated.

(5) Where the appeal panel makes a decision, the chairperson of the panel shall give written notice of the decision with reasons to the parties.

31.

The Apprenticeship, Trade and Occupations Certification Regulations, R.R.N.W.T. 1990, c.A-8, are repealed.

32.

These regulations come into force October 1, 2012.

SCHEDULE A - Repealed, R-051-2021,s.12.

SCHEDULE

SCHEDULE

Item Description

1. Replacement certificate fee

2. Application for apprenticeship fee

3. Prior learning assessment fee

4. Progressive examination fee

5. Certificate of status fee

6. Replacement record book fee

7. Completion of apprenticeship certificate fee

8. Qualification examination fee

9. Supplemental qualification examination fee

10. Certificate of qualification fee

11. Business competencies (Blue Seal) certificate fee

R-150-2018,s.2; R-051-2021,s.13.

ANNEXE

DROITS

Numéro Description

1. Certificat de remplacement

2. Demande d’apprentissage

3. Évaluation des apprentissages antérieurs

4. Examen progressif

5. Certificat de progression

6. Carnet d’apprentissage de remplacement

7. Certificat de fin d’apprentissage

8. Examen d’aptitude

9. Examen d’aptitude de reprise

10. Certificat d’aptitude

11. Certificat de développement des compétences en affaires (Sceau bleu)

R-150-2018, art. 2; R-051-2021, art. 13.

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