Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 45

Apprenticeship and Trades Qualifications System Reform (2014) Act *

An Act to Amend Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, and Chapter 4 of the Acts of 1995-1996, the Community Colleges Act, to Facilitate the Reform of the Apprenticeship and Trades Qualifications System *

Déposé par :
L'honorable Kelly Regan
Minister of Labour and Advanced Education

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 24 avril 2014
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 1 juillet 2014
2014 Statutes, Chapter 3

Note explicative (en anglais seulement)

Clause 1 sets out the short title of the Act.

Clause 2

(a) adds or replaces definitions of “Agency”, “appeal panel”, “apprenticeship agreement”, “apprenticeship and trades qualifications system”, “authorized person”, “certificate of equivalency”, “Chief Executive Officer”, “Deputy Minister”, “equity program”, “examination”, “joint registration agreement”, “Minister”, “operating charter”, “trade”, “Trade Advisory Committee”, “trade regulations”, “training provider” and “youth”;

(b) amends several definitions to expand the types of training that qualify as apprenticeship training;

(c) makes complementary changes consistent with the designation of the Apprenticeship Training Division as a special operating agency and the establishment of an operating charter for the new Nova Scotia Apprenticeship Agency; and

(d) clarifies the language in some of the definitions.

Clause 3 gives the Minister the supervision and management of the Act and allows the Minister to delegate his or her duties and powers under the Act.

Clause 4 provides that members of the Apprenticeship Board will be appointed pursuant to the operating charter.

Clause 5 repeals the Sections setting out the roles and duties of the former Board and replaces them with Sections

(a) providing that the Deputy Minister appoints the Chief Executive Officer and that the Director and other employees are appointed pursuant to the Civil Service Act, as required; and

(b) providing powers and duties for the Board, the Chief Executive Officer and the Director.

Clause 6 extends the powers of the Director or an authorized person to ensure compliance with the Act.

Clause 7 adds a new Section allowing the Director or any authorized person to issue an order requiring a person to cease engaging in the activities or employment of an apprentice or a journeyperson or holding himself or herself out as an apprentice or journeyperson.

Clause 8 authorizes the Governor in Council to revoke the designation of and regulate a compulsory certified trade.

Clause 9

(a) expands the types of training the Director may give credit for, including training or experience acquired in another jurisdiction;

(b) requires the consent of an employer before an apprenticeship agreement may be assigned to it; and

(c) allows for the assignment of apprenticeship agreements to an employer in another jurisdiction in Canada with the consent of the apprenticeship authority in the other jurisdiction and subject to any terms and conditions that authority may require.

Clause 10 makes the assumption of responsibilities by a recognized association under an apprenticeship agreement subject to the regulations, and updates a reference to regulations to refer to trade regulations as well.

Clause 11 allows the Director to

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

(b) issue a certificate of proficiency in certain circumstances.

Clause 12 adds the holders of a certificate of equivalency to those entitled to practise a compulsory certified trade.

Clause 13

(a) substitutes “Director” for “administrator of the Board”;

(b) requires the Director to transmit a notice of appeal to the Chair of the Board within five days;

(c) expands the period in which an appeal panel must be established from 30 to 60 days;

(d) replaces the appeal board with an appeal panel; and

(e) establishes the procedure where the appeal panel refers a matter back to the Director.

Clause 14

(a) specifically authorizes the Minister to enter into agreements with other Canadian jurisdictions with respect to assigning apprenticeship agreements; and

(b) removes powers which will now be vested in the Agency.

Clause 15 expands the regulation-making powers of the Governor in Council.

Clause 16 adds a definition of “Agency” and changes the name of the Minister from Education and Culture to Labour and Advanced Education.

Clause 17 adds the Agency to the groups the College provides training for and works with to provide joint programs.

Clause 18

(a) allows the College to revise existing programs, subject to the approval of the Minister;

(b) gives the Agency the authority to make recommendations before programs of study or guidelines are established or revised;

(c) requires the Board of Governors of the College to provide the Agency with a copy of proposed programs of study or guidelines or proposed revisions to either of them; and

(d) allows the Minister to impose restrictions or conditions on the programs of study, guidelines or revised programs of study or guidelines and to refer any of these documents to other persons or bodies.

Clause 19 allows the Minister to delegate to the Agency the Minister’s powers, duties and functions under this Part of the Act that are within the mandate of the Agency.

Clause 20

(a) directs the Minister and the Board to consider a person’s knowledge of the labour market and economic needs of the Province in making appointments to the Board; and

(b) corrects a cross-reference.

Clause 21 requires the President and the Chief Executive Officer of the Agency to file an annual stewardship report with the Minister once it has been approved by the Board and the Apprenticeship Board of the Agency.

Clause 22 requires the Board to

(a) collaborate with the Agency to develop evaluation guidelines for programs of study within the mandate of the Agency;

(b) consult with the Minister when developing other evaluation guidelines;

(c) consult with the Minister when evaluating a program of study other than one within the mandate of the Agency;

(d) consult with the Agency when evaluating a program of study within the mandate of the Agency; and

(e) collaborate with the Agency in the development of the Board’s multi-year plan.

Clause 23 specifically authorizes the Board to co-operate with the Agency to achieve the mandate of the College.

Clause 24

(a) requires the Board to establish a program advisory committee for any program of study offered at the College for a trade within the mandate of the Agency;

(b) requires that the committee must consist of the Trade Advisory Committee established under the operating charter of the Agency; and

(c) requires the Board to notify the Apprenticeship Board and the Minister when certain program advisory committees are to be established.

Clause 25 replaces references to the “Labour Relations Board” with “Labour Board” and updates the name of the Minister’s department.

Clause 26 adds to the regulation-making powers of the Governor in Council with respect to the changes made by this Bill.

Clause 27 provides that this Bill comes into force upon proclamation.