Apprenticeship, Trade and Occupation Certification Act

Consolidated act
Citation
S.N.W.T. 2010, c.13
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

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.

Cites
Cited by
Contents
1. Definitions 2. Application 3. Designation of trades and 4. Director 5. Board 6. Appointment of members 7. Meetings 8. Appeal panel 9. Advisory committee 10. Application 11. Certificates 12. Contract 13. Form of contract 14. Certification 15. Termination 16. Labour dispute 17. Grants and loans 18. Offence and punishment 19. Regulations 20. Definition: "former Act" 21. Repeal of Apprentice- ship, Trade and Occupations Certification Act 22. Coming into force
Regulations
Apprenticeship and Trade Certification RegulationsDesignated Occupations OrderDesignated Trades OrderOccupation Certification Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

In this Act,

"appeal panel" means an appeal panel established under subsection 8(1); (comité d’appel)

"apprentice" means an individual who has entered into a contract under this Act; (apprenti)

"Board" means the Apprenticeship, Trade and Occupation Certification Board continued under subsection 5(1); (Commission)

"certificate of competence" means a certificate issued to an individual who has achieved the prescribed level of expertise in a designated occupation; (certificat de compétence)

"certificate of qualification" means a certificate issued to an individual who has achieved the prescribed level of expertise in a designated trade; (certificat d’aptitude)

"contract" means an apprenticeship contract; (contrat)

"designated occupation" means an occupation designated by the Minister under paragraph 3(b); (profession désignée)

"designated trade" means a trade designated by the Minister under paragraph 3(a); (métier désigné)

"Director" means the Director of Apprenticeship, Trade and Occupation Certification appointed under subsection 4(1); (directeur)

"trainee" means an individual who is participating in training in a designated occupation and does not hold a certificate of competence. (stagiaire)

APPLICATION

Application

2.

This Act applies to

(a) all trades and occupations that have been designated by the Minister under section 3; and

(b) all persons involved in those trades and occupations in the Northwest Territories, including apprentices and trainees.

DESIGNATION OF TRADES

AND OCCUPATIONS

Designation of trades and

3.

The Minister may, by order, designate

(a) a trade as being appropriate for apprenticeship or as being a trade for which an individual may receive a certificate of qualification; or

(b) an occupation that is not a designated trade as being an occupation for which an individual may receive a certificate of competence.

DIRECTOR OF APPRENTICESHIP, TRADE AND OCCUPATION CERTIFICATION

Director

4.

(1) The Minister shall appoint a Director of Apprenticeship, Trade and Occupation Certification.

Direction of Minister

(2) The Director shall perform his or her duties and exercise his or her powers under the direction of the Minister.

Duties of Director

(3) The duties of the Director are to

(a) maintain a register of apprentices and trainees;

(b) keep records of contracts and of cancellations, terminations, suspensions, transfers and completions of those contracts;

(c) administer, in accordance with prescribed standards and requirements, the training and examination of individuals seeking certificates of qualification in designated trades and certificates of competence in designated occupations;

(d) require and approve periodic tests for apprentices and trainees;

(e) require and approve final examinations for individuals seeking certificates of qualification in designated trades and certificates of competence in designated occupations;

(f) inspect and approve facilities being used for the training of apprentices and trainees under this Act;

(g) approve a program of courses of instruction for training of apprentices and trainees under the Act;

(h) monitor and generally oversee the certification of apprentices and trainees;

(i) assist and advise the Board in carrying out its duties and powers;

(j) advise the Minister of matters under this Act; and

(k) carry out any other duties assigned to him or her by the Minister.

Powers of Director

(4) The Director may

(a) approve courses of instruction for apprentices and trainees;

(b) make such examination and inquiry as he or she considers necessary to determine if there is compliance with the Act; and

(c) give such direction as is necessary to ensure compliance with the Act.

Delegation

(5) The Director may delegate, in writing, any of his or her duties or powers under this Act or the regulations.

Personal information

(6) The Director may collect personal information, as defined in section 2 of the Access to Information and Protection of Privacy Act, from any person to whom this Act applies for the purposes of exercising and performing his or her duties under this Act.

APPRENTICESHIP, TRADE AND

OCCUPATION CERTIFICATION BOARD

Board

5.

(1) The Apprenticeship, Trade and Occupations Certification Board is continued as the Apprenticeship, Trade and Occupation Certification Board.

Powers of Board

(2) The Board may recommend that

(a) the Minister designate a trade or designate an occupation;

(b) the Minister recommend that the Commissioner make regulations respecting the training and certification of individuals in a designated trade or designated occupation;

(c) the Minister establish an appeal panel under subsection 8(1);

(d) the Minister appoint individuals, whom the Board considers suitable, to an appeal panel under paragraph 8(2)(c);

(e) the Director establish an advisory committee under subsection 9(1); and

(f) the Director designate individuals, whom the Board considers suitable, to an advisory committee under subsection 9(2).

Duties of Board

(3) The Board shall

(a) receive and review all appeals made under this Act; and

(b) perform such duties as directed by the Minister with respect to any matter within the scope of this Act.

Appointment of members

6.

(1) The Board is comprised of seven members appointed by the Minister as follows:

(a) two or three members whom the Minister considers as representing the interests of employers;

(b) two or three members whom the Minister considers as representing the interests of employees;

(c) one or three members whom the Minister considers to have expertise that would contribute to the operation of the Board and who represent the interests of the general public.

Equal representation

(2) The number of members representing the interests of employers and employees must be equal.

Term

(3) A member is appointed for a term, not exceeding three years, specified in the appointment.

Chairperson

(4) The Minister shall designate a member of the Board as chairperson.

Meetings

7.

The chairperson shall convene a minimum of one meeting and a maximum of six meetings of the Board each year.

APPEAL PANEL

Appeal panel

8.

(1) The Minister may, on the recommendation of the Board, establish an appeal panel to hear appeals.

Membership of panel

(2) The Minister shall appoint the members of the appeal panel as follows:

(a) one representative of employers;

(b) one representative of employees;

(c) one member recommended by the Board.

Chairperson

(3) The members of the appeal panel shall elect one of their number to be chairperson of the panel.

Duties of panel

(4) In accordance with the regulations, the appeal panel shall consider such appeals as the Board considers necessary.

Natural justice

(5) The appeal panel shall conduct its proceedings in accordance with the principles of natural justice.

Decision of panel final

(6) A decision of the appeal panel is final.

ADVISORY COMMITTEES

Advisory committee

9.

(1) The Director may, on the recommendation of the Board, establish an advisory committee.

Designation of members

(2) The Director may, on the recommendation of the Board, designate the members of an advisory committee.

Duties of advisory committee

(3) An advisory committee shall

(a) advise and assist the Director in matters relating to designated trades and designated occupations;

(b) advise and assist the Director in matters relating to apprentices and trainees;

(c) perform the role of an examining board, under the direction of the Director; and

(d) perform any duties assigned by the Director.

ALLOWANCES AND EXPENSES

Application

10.

(1) This section applies to individuals who are not full-time employees in the public service, as defined in subsection 1(1) of the Public Service Act, and are

(a) members of the appeal panel;

(b) members of the Board;

(c) persons delegated by the Director under subsection 4(5);

(d) members of committees; and

(e) examiners.

Allowances and expenses

(2) Those individuals referred to in subsection (1) shall be paid

(a) a daily allowance fixed by the Minister; and

(b) reasonable and necessary expenses incurred by them in the performance of their duties.

CERTIFICATES

Certificates

11.

(1) The Minister may issue, to an individual,

(a) a certificate of qualification in a designated trade;

(b) a certificate of competence in a designated occupation;

(c) a certificate of completion of apprenticeship;

(d) a certificate of status;

(e) any other prescribed certificate; and

(f) a replacement of any of the certificates referred to in paragraphs (a) to (e).

Requirements before issue

(2) An individual shall not be issued a certificate under subsection (1) unless that individual

(a) submits a request for the certificate in the form and manner directed by the Minister;

(b) demonstrates that he or she is entitled to be issued the certificate;

(c) in the case of a replacement certificate, provides reasons why the replacement is necessary;

(d) pays the prescribed fee; and

(e) provides any other information the Minister may require.

Delegation

(3) The Minister may delegate, in writing, any of his or her duties or powers set out in this section. SNWT 2021,c.1,s.2.

CONTRACTS

Contract

12.

(1) No person shall enter into a contract unless it is in accordance with this Act.

Age

(2) No person shall enter into a contract with an individual who is less than 16 years of age.

Form of contract

13.

Every contract must be in a form approved by the Director.

Certification

14.

(1) No contract is valid unless it is certified by the Director.

Certification of variations

(2) No termination, cancellation, transfer, completion or any other variation of a contract is valid unless it is certified by the Director.

Benefit of apprentice

(3) The Director may certify a contract or its variation if he or she is satisfied that the contract or its variation is for the benefit of the apprentice.

Appeal

(4) Where the Director refuses to certify a contract or its variation, any of the parties may appeal to the Board.

Termination

15.

(1) Subject to approval by the Director, a contract may be terminated with the consent of the parties to the contract.

Cancellation

(2) The Director may cancel a contract if a party shows good cause for the cancellation.

Appeal

(3) A party to a contract terminated or cancelled under this section may appeal the termination or cancellation to the Board.

LABOUR DISPUTE

Labour dispute

16.

An employer shall not require an apprentice or trainee to do any work in a place of employment where there is a lawful cessation of work arising out of a labour dispute.

GRANTS AND LOANS

Grants and loans

17.

The Minister may make grants and loans of money and provide goods and services to apprentices, trainees or other individuals employed in designated trades or occupations, subject to any terms and conditions that the Minister may establish.

OFFENCE AND PUNISHMENT

Offence and punishment

18.

Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000 and, in default of payment, to imprisonment for a term not exceeding 30 days.

REGULATIONS

Regulations

19.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) prescribing the qualifications necessary for apprenticeship in a designated trade;

(b) providing for compulsory registration, certification and participation in apprenticeship programs;

(c) respecting the duration and content of the practical and theoretical training to be received by an apprentice in a designated trade or by a trainee in a designated occupation;

(d) providing for and establishing standards and requirements for the training and examination of apprentices and trainees, individuals wishing to become apprentices or trainees, and individuals employed in designated trades or designated occupations;

(e) providing for recognition of experience and training gained in a designated trade or designated occupation prior to commencement of apprenticeship or training;

(f) respecting the recognition of qualifications issued by other provinces or territories in a designated trade or designated occupation;

(g) providing for a system for recording the progress of the training of apprentices and trainees;

(h) providing for inspection of the training of apprentices and trainees and the powers and duties of the persons making inspections;

(i) respecting the issuing of certificates referred to in section 11, including conditions for issuance of the certificates;

(i.1) prescribing certificates that may be issued under paragraph 11(1)(e);

(j) respecting how parties to a contract may apply to the Director for the certification of a contract under section 14 or the termination or cancellation of a contract under section 15;

(k) prescribing the duties of the parties to a contract;

(l) respecting grants and loans referred to in section 17, including eligibility, amounts, manner of repayment and terms and conditions;

(m) providing for the issuance of identification cards and requiring their production in specified circumstances;

(n) prescribing the working conditions, hours of labour and rates of wages for apprentices and trainees, subject to the Employment Standards Act;

(o) respecting fees to be paid in respect of an examination, inspection, search of records, provision of copies of documents, issuance of a certificate or other service provided under this Act or the regulations;

(p) respecting the number of apprentices or trainees that may be supervised by a person employed in the designated trade or designated occupation;

(q) respecting the collection, sharing and retention of personal information collected by the Director under subsection 4(6);

(r) prescribing the procedures to be followed on an appeal; and

(s) for carrying out the purposes and provisions of this Act.

SNWT 2021,c.1,s.3.

TRANSITIONAL

Definition: "former Act"

20.

(1) In this section, "former Act" means the Apprenticeship, Trade and Occupations Certification Act, R.S.N.W.T. 1988, c.A-4.

Supervisor

(2) The Supervisor appointed under the former Act who holds office immediately before this Act comes into force continues to hold office as the Director under this Act, until his or her appointment expires or is revoked.

Members of the Board

(3) A member of the Board appointed under the former Act who holds office immediately before this Act comes into force continues to hold office as a member of the Board under this Act, until his or her appointment expires or is revoked.

Contracts

(4) A contract that existed immediately before this Act comes into force continues in effect as if it had been made under this Act, to the extent that it is not inconsistent with this Act or the regulations, until it is terminated, cancelled, transferred, completed or otherwise varied.

Continuance of certificates

(5) Any certificate issued or continued under the former Act that is subsisting prior to the coming into force of this Act continues in force as though it had been issued under this Act.

Proceedings

(6) On the coming into force of this section, a proceeding commenced under the former Act continues under and in conformity with this Act, to the extent that the proceeding can be adapted to this Act.

REPEAL

Repeal of Apprentice- ship, Trade and Occupations Certification Act

21.

The Apprenticeship, Trade and Occupations Certification Act, R.S.N.W.T. 1988, c.A-4, is repealed.

COMMENCEMENT

Coming into force

22.

This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.