Occupation Certification Regulations

Regulation
Registration
R-057-2012
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.5 amended by R-050-2021,s.3,4 in force Aug. 27, 2021
  • s.10 amended by R-050-2021,s.7 in force Aug. 27, 2021
  • s.11 amended by R-050-2021,s.3,4 in force Aug. 27, 2021
  • s.14 amended by R-050-2021,s.9 in force Aug. 27, 2021
  • s.14.1 amended by R-050-2021,s.9 in force Aug. 27, 2021
  • s.15 amended by R-050-2021,s.10 in force Aug. 27, 2021
  • s.sched_2 amended by R-050-2021,s.11 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 14.1. 14.1 15. 15 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 Occupation Certification Regulations.

INTERPRETATION

Definitions

1.

In these regulations,

"applicant" means a person who applies under section 7; (candidat)

"employer" means a person by whom a trainee is or is to be employed and who is responsible for on-the-job training and remuneration of the trainee; (employeur)

"occupational certification program" means an occupational certification program that is established by the Director pursuant to section 2; (programme d’attestation professionelle)

"occupational training course" means a course of formal study established or approved by the Director for an occupational certification program; (cours de formation professionelle)

"trainee" means an applicant who has become a trainee under section 10. (stagiaire)

ADMINISTRATION

Occupational Certification Program

2.

(1) The Director shall, in consultation with the Board, establish or approve an occupational certification program for each designated occupation.

(2) An occupational certification program must include

(a) occupational training courses;

(b) examinations; and

(c) on-the-job training.

Examinations

3.

(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 occupation being examined.

4.

(1) The Director may, after consulting with an advisory committee, require a trainee to take a supplemental examination as directed.

(2) Where the Director requires a trainee to take an examination, a non-refundable examination fee as set out in Schedule B must be paid prior to the administration of the examination.

Replacement Certificates

5.

(1) A request under paragraph 11(2)(a) of the Act for a replacement of a 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-050-2021,s.3,4.

Occupational Training Courses

6.

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

(2) The Director may charge the trainee fees which are not to exceed the cost of the placement or the cost of the occupational training courses.

APPLICATION

Application for Certification

7.

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

(2) An application must include

(a) a completed application form, 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 occupation, if applicable;

(c) the non-refundable application fee for occupational certification as 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 experience for enrolment into the occupational certification program.

Recognition of Previous Training, Examinations and Work Experience

8.

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

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

(a) a completed application form, 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 occupation; and

(c) 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 occupational certification 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 9.

Granting of Credits

9.

(1) Where the Director recognizes training, examinations or work experience under section 8, he or she may, in respect of an occupational certification program, grant credits towards

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

(b) occupational training courses or examinations; or

(c) time spent in occupational 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 subsection 8(1); or

(b) grant credit for any on-the-job training that occurred ten years or more before the date of application made under subsection 8(1).

Trainee

10.

(1) An applicant becomes a trainee when the Director approves of an application under subsection 7(1).

(2) When an applicant becomes a trainee, the trainee shall submit a request for a certificate of status under paragraph 11(2)(a) of the Act. R-050-2021,s.7.

Duties of Employer

11.

(1) A request by a trainee under subsection 10(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 must indicate the occupational certification program the trainee is undertaking. R-050-2021,s.3,4.

12.

An employer shall permit the Director to visit and confer with a trainee.

Completion of

Occupational Certification Program

13.

(1) In this section, "statement" means a written statement signed by a person approved by the Director to determine if a trainee is, in respect of the designated occupation,

(a) performing at a level of competence in the occupation that is satisfactory to the Director, and

(b) eligible to be issued a certificate of competence for the occupation.

(2) A trainee shall submit a request for a certificate of competence under paragraph 11(2)(a) of the Act if, in respect of the occupational certification program, he or she

(a) successfully completes all occupational training courses and examinations required by the Director;

(b) completes all hours of on-the-job training required by the Director;

(c) receives a statement in a form approved by the Director; and

(d) receives a recommendation from his or her employer that the required skills and competency required in the program have been acquired and achieved.

Certificate of Competence

14.

(1) A request by a trainee under subsection 13(2) for a certificate of competence 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.

(2) A certificate of competence may be issued if the Minister is satisfied that the requirements of subsection 11(2) of the Act have been met. R-050-2021,s.3,4.

Achievement in Business Competencies (Blue Seal) Program and Certificate R-050-2021,s.9.

14.1.

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

(2) The purpose of the achievement in business competencies (Blue Seal) program is to provide recognition to the holder of a certificate of competence in a designated occupation, 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 competence in a designated occupation issued under subsection 14(2).

(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 competence in a designated occupation issued under subsection 14(2); 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 competence;

(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-050-2021,s.9.

15.

These regulations come into force October 1, 2012.

SCHEDULE A - Repealed, R-050-2021,s.10.

SCHEDULE

SCHEDULE

Item Description

1. Examination fee

2. Application fee for replacement certificate

3. Application fee for occupational certification

4. Certificate of status fee

5. Certificate of competence fee

6. Business competencies (Blue Seal) certificate

R-050-2021,s.11.

ANNEXE

TARIF DES

Numéro Description

1. Frais d’examen

2. Demande de remplacement de certificat

3. Demande d’attestation professionnelle

4. Certificat de progression

5. Certificat de compétence

6. Certificat de développement des compétences (Sceau bleu)

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