BILL NO. 70

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

Government Bill

Apprenticeship and Trades Qualifications Act
(amended)

The Honourable Labi Kousoulis
Minister responsible for the Apprenticeship and Trades Qualifications Act

First Reading: February 28, 2018

(Explanatory Notes)

Second Reading: March 1, 2018

Third Reading: March 29, 2018 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) adds definitions for "accredited training provider", "interprovincial red seal endorsement", "general regulations", "pre-apprentice" and "Utility and Review Board";

(b) amends the definitions of "apprenticeship and trades qualifications system", "apprenticeship training", "compulsory certified trade", "journeyperson", "pre-employment apprenticeship training", "pre-employment apprenticeship-training recognition agreement", "recognized association" and "youth apprenticeship program";

(d) repeals the definition of "training provider".

Clause 2

(a) clarifies that the Minister of Labour and Advanced Education's general supervision and management of the regulations includes the general regulations and the trade regulations; and

(b) corrects a punctuation error.

Clause 3 clarifies that the Board has the powers and duties assigned to it by the general regulations.

Clauses 4 to 7 change references to "regulations" to "general regulations" and update some of the language of the Act.

Clause 8

(a) changes several references from "regulations" to "general regulations"; and

(b) expands the times at which the Director of Programs and Operations may inspect employers.

Clause 9

(a) prohibits obstructing the powers and duties of the Director or any authorized person;

(b) requires a person to assist the Director or an authorized person;

(d) authorizes the Chief Executive Officer of the Nova Scotia Apprenticeship Agency or the Director to issue an administrative penalty.

Clause 10 confirms that designated trades are subject to the general regulations and the trade regulations.

Clause 11

(a) clarifies that the Board may make trade regulations for non-compulsory certified trades;

(b) clarifies that the Governor in Council may make trade regulations for compulsory certified trades;

(d) requires accredited training providers to submit a list of the pre-apprentices enrolled with them and identify the programs and completion information; and

(e) permits pre-apprentices to opt out of registration.

Clause 12 updates some of the language in the Act.

Clause 13 clarifies that apprenticeship agreements are subject to the general regulations.

Clause 14 clarifies that a recognized association that enters into an apprenticeship agreement assumes the responsibilities of the employer under the Act, subject to the general regulations and the trade regulations.

Clause 15 clarifies that the general regulations and the trade regulations may apply to certificates of apprenticeship.

Clause 16 clarifies that the general regulations and the trade regulations may apply to

(a) the issuance, renewal, suspension and cancellation of certificates of qualification; and

(b) the issuance of certificates of proficiency.

Clause 17

(a) clarifies that the Governor in Council may designate a compulsory certified trade by trade regulation;

(b) prohibits a person from claiming to be authorized to practise a compulsory certified trade unless the person is so authorized;

(d) allows for the exemption of a recognized association from the application of the prohibition in paragraph (c).

Clause 18 prohibits a person from

(a) claiming to hold a certificate of qualification in a designated trade for which certification is non-compulsory unless the person has a certificate of qualification in that trade that is not suspended; or

(b) using the name or any abbreviation of the Red Seal Endorsement unless the person holds a certificate of qualification with an interprovincial red seal endorsement.

Clause 19 clarifies that the general regulations apply to temporary work permits.

Clause 20 clarifies that appeals are subject to the general regulations.

Clause 21 provides for appeals of compliance orders and administrative penalties to be heard by the Nova Scotia Utility and Review Board.

Clause 22 confirms that a certificate recognized by the Director pursuant to the general regulations must be accepted by a municipality.

Clause 23 updates some of the language in the Act.

Clause 24 confirms it is an offence to contravene the general regulations or the trade regulations, makes it an offence to contravene an order issued by an authorized person and raises the maximum penalty from $5,000 to $10,000 for a first offence and from $10,000 to $50,000 for a subsequent offence.

Clause 25 confirms that the trade regulations do not affect rights and obligations in a collective agreement.

Clause 26 allows the Governor in Council to make general regulations respecting

(a) administrative penalties;

(b) matters that must be addressed in written compliance orders;

(d) accreditation of training providers;

(e) additional information to be provided by accredited training providers;

(f) registration of pre-apprentices and opting out of registration; and

(g) compulsory certified trades, other than specifying a trade as a compulsory certified trade,

and updates some of the language in the Act.

Clause 27 provides that this Act comes into force six months after the day it receives Royal Assent.

An Act to Amend Chapter 1
of the Acts of 2003,
the Apprenticeship and Trades Qualifications Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 2(1) of Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, as amended by Chapter 23 of the Acts of 2006 and Chapters 3 and 41 of the Acts of 2014, is further amended by

(a) relettering clauses (a) and (aa) as clauses (aa) and (ab) and adding immediately before those clauses the following clause:

(a) "accredited training provider" means a training provider accredited by the Director in accordance with the general regulations to deliver technical training or pre-apprenticeship training;

(b) striking out "pre-employment apprenticeship" in the first line of subclause (d)(iii) and substituting "pre-apprenticeship";

(d) adding "trade" immediately after "the" in the last line of clause (i);

(e) striking out clause (m) and substituting the following clause:

(m) "employer" means any person, firm, association or public authority that employs a person in a designated trade;

(f) adding immediately after clause (nba) the following clauses:

(nbc) "interprovincial red seal endorsement" means an interprovincial red seal endorsement issued under the authority of the Canadian Council of Directors of Apprenticeship Interprovincial (Red Seal) Program with respect to a trade;

(g) adding "general" immediately after "the" in the last line of clause (o);

(h) adding immediately after clause (r) the following clause:

(ra) "pre-apprentice" means a person undertaking pre-apprenticeship training;

(i) striking out "pre-employment apprenticeship" in the first line of clause (s) and substituting "pre-apprenticeship";

(j) striking out "pre-employment apprenticeship-training" in the first and second lines of clause (sa) and substituting "pre-apprenticeship-training";

(k) striking out "pre-employment apprenticeship" in the sixth and seventh lines of clause (sa) and substituting "pre-apprenticeship";

(l) adding ", journeypersons and other persons" immediately after "apprentices" in the second line of clause (t);

(m) striking out clauses (vb) and (vc) and substituting the following clauses:

(vc) "Utility and Review Board" means the Nova Scotia Utility and Review Board established under the Utility and Review Board Act;

and

(n) adding "general" immediately after "the" in the last line of clause (w).

2 (1) Subsection 3(1) of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by

(a) striking out "and the" in the second line and substituting ", the general regulations and the trade"; and

(b) adding "general" immediately after "the" the second time it appears in the last line.

(2) Subsection 3(2) of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by

(a) adding a comma immediately after "designate" in the first and second lines; and

(b) adding "general" immediately after "the" the second time it appears in the third line.

3 Section 5 of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by adding "general" immediately after "the" the first time it appears in the last line.

4 Subsection 6(2) of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by adding "general" immediately after "the" the first time it appears in the last line.

5 Section 7 of Chapter 1, as enacted by Chapter 3 of the Acts of 2014 and amended by Chapter 41 of the Acts of 2014, is further amended by adding "general regulations, the trade" immediately after "the" the first time it appears in the second line.

6 Section 8 of Chapter 1, as enacted by Chapter 3 of the Acts of 2014 and amended by Chapter 41 of the Acts of 2014, is further amended by

(a) adding "general regulations, the trade" immediately after "the" the second time it appears in the second line;

(b) striking out "pre-employment apprenticeship" in the second and third lines of clause (ab) and substituting "pre-apprenticeship"; and

(c) striking out "pre-employment apprenticeship training" in the fifth line of clause (ab) and substituting "pre-apprenticeship-training".

7 Section 9 of Chapter 1, as enacted by Chapter 41 of the Acts of 2014, is amended by

(a) adding "general regulations and the trade" immediately after "the" the first time it appears in the third line; and

(b) striking out "pre-employment apprenticeship" in the second line of clause (b) and substituting "pre-apprenticeship".

8 Section 16 of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by

(a) adding "general" immediately after "the" the second time it appears in the first, second and third lines;

(b) striking out "during regular working hours" in the first, second and third lines and substituting "at any reasonable time";

(d) adding "general" immediately after "the" the first time it appears in the last line of clause (e).

9 Section 16A of Chapter 1 is repealed and the following Sections substituted:

(2) A person contravenes subsection (1) if the person

(a) wilfully delays the Director or any authorized person in the exercise of a power or the performance of a duty pursuant to this Act, the general regulations or the trade regulations;

(b) fails to comply with a written or oral order of the Director or any authorized person given pursuant to this Act, the general regulations or the trade regulations; or

(c) fails to produce any certificate or document that the person is required by this Act, the general regulations or the trade regulations to produce.

(3) No person shall knowingly furnish the Director or any authorized person with false information or neglect or refuse to furnish information required by the Director or the authorized person in the exercise of a power or the performance of a duty pursuant to this Act, the general regulations or the trade regulations.

(4) A person shall use all necessary means in that person's power to facilitate any entry, inspection, examination, testing or inquiry by the Director or an authorized person in the exercise of the Director's or authorized person's powers or duties pursuant to this Act, the general regulations or the trade regulations.

16B (1) The Director or an authorized person may issue a compliance order that the Director or authorized person believes, on reasonable grounds, is necessary to ensure compliance with this Act, the general regulations or the trade regulations.

(2) A compliance order may

(a) be given orally or in writing;

(b) include any terms and conditions that the Director or authorized person considers reasonable; and

(3) The Director or authorized person shall confirm an oral order issued under subsection (1) in writing as soon as practicable.

(4) For greater certainty, an oral order issued under subsection (1) is effective immediately, before it is confirmed in writing.

(5) An order issued under subsection (1) remains in place for such period as may be specified in the order or until the order is revoked by the Director or authorized person.

(6) A written order issued under subsection (1) must

(a) name the person to whom it is addressed;

(b) state the actions that must be taken in order to comply with the order, including, in the case of an order requiring that a person stop working, any actions that must be taken before the person may resume work or before work at the work site or premises may resume;

(d) state that the person who receives the order may, in writing, appeal the order in accordance with Section 24A;

(e) state the address for filing a notice of appeal;

(f) be dated the day the order is made;

(g) be served on the person to whom it is addressed by personal service or service by mail to the person's last known address; and

(h) address any other matter that is required by the general regulations to be addressed in a written order.

(7) The Director or authorized person who issued the order under subsection (1) may amend the order, in which case subsection (6) applies to the amendment.

16C (1) A compliance order in relation to the practice of a compulsory certified trade contrary to subsection 22(2) must be issued to

(a) the person contravening that subsection;

(b) where subsection 22(3) is also being contravened, the employer of the person referred to in clause (a); and

(c) where subsection 22(3A) is also being contravened, the recognized association responsible for providing the person referred to in clause (a) to do work within a designated trade for others.

(2) A compliance order referred to in subsection (1) must, in addition to any other requirements set out in the order, require that the person

(a) immediately stop work in the compulsory certified trade or stop performing any task, activity or function specified in the order;

(b) where the person is claiming to be an apprentice or journeyperson in the compulsory certified trade, immediately cease making such claims; and

(c) continue to refrain from performing such work, task, activity or function or making such claims during the period for which the order is in effect.

(3) The Director or authorized person shall

(a) make reasonable efforts to communicate any oral order that includes provisions set out in subsection (2) to the employer of the person to whom it was issued and to any recognized association that provided the person to the work site or premises as soon as practicable following its issuance; and

(b) provide a copy of a written order or written confirmation of an oral order that includes provisions set out in subsection (2) to the employer of the person to whom it was issued and to any recognized association that provided the person to the work site or premises within twenty-four hours of its issuance.

(4) Upon receipt of a compliance order referred to in subsection (1), the employer and the recognized association shall provide any necessary assistance to the employee in observing the order and in fulfilling its terms and conditions.

(5) A compliance order issued under clause (2)(b) or (c) must, in addition to any other requirements set out in the order,

(a) require that the employer or recognized association direct the person who is contravening subsection 22(2) to observe the requirements in subsection (2); and

(b) be provided by the employer or recognized association to the person who is contravening subsection 22(2).

16D A compliance order in relation to a breach of a requirement in the general regulations or trade regulations respecting

(a) the direct supervision of an apprentice; or

(b) the minimum ratio of journeypersons to apprentices,

may be issued to the employer of any apprentice who is the subject of the breach or the recognized association responsible for providing the apprentice to do work within a designated trade for others, and any such order must, in addition to any other requirements set out in the order, require that the employer or the recognized association direct any apprentice who is the subject of the breach to

(d) continue to refrain from performing such work, task, activity or function or making such claims during the period for which the order is in effect,

and be provided by the employer or the recognized association to any apprentice who is the subject of the breach.

16E A compliance order may be issued to a person who

(a) contrary to Section 22A, is claiming to hold a certificate of qualification in a designated trade if the person does not hold a certificate of qualification or holds a certificate of qualification that is suspended; or

(b) contrary to Section 22B, is using any title, name, abbreviation or description implying that the person holds an interprovincial red seal endorsement to a certificate of qualification for a designated trade if the person does not hold an interprovincial red seal endorsement to a certificate of qualification of that designated trade,

and any such order must require that the person, in addition to any other requirements set out in the order,

(c) immediately cease claiming to hold a certificate of qualification or an interprovincial red seal endorsement in the trade; and

(d) continue to refrain from making such claims during the period for which the order is in effect.

16F (1) Where the Director or authorized person has reasonable grounds to believe that the person to whom a compliance order is issued under Section 16B is

(a) practising a compulsory certified trade contrary to subsection 22(2);

(b) the employer of a person referred to in clause (a) or the recognized association responsible for providing the person referred to in clause (a) to do work within the designated trade for others; or

(c) in breach of a requirement in the general regulations or trade regulations respecting the direct supervision of an apprentice or the minimum ratio of journeypersons to apprentices,

that order or a separate order issued under Section 16B may require that some or all of the work being performed at the work site or premises, other than activity required to ensure that the work site or premises are safe, must immediately stop and not start again until the Director or authorized person is satisfied that

(d) work at the work site or premises will be performed only by persons who are authorized to do so; and

(e) the persons who will be performing the work are in compliance with the Act, the general regulations and the trade regulations, including any direct supervision and minimum ratio requirements applicable to apprentices and journeypersons.

(2) Where satisfied that the circumstances that gave rise to an order under subsection (1) are no longer present, the Director or authorized person may terminate the order by giving the person to whom the order is addressed written permission to

(a) resume the work or activity specified in the order; or

(b) resume the work at the work site or premises.

16G (1) Where the Director believes that a person has failed to comply with a compliance order issued under Section 16B, the Director shall provide evidence of the non-compliance to the Chief Executive Officer.

(2) Where an authorized person believes that a person has failed to comply with a compliance order issued under Section 16B, the authorized person shall provide evidence of the non-compliance to the Director.

(3) Where the Chief Executive Officer or the Director, after receiving the evidence referred to in subsection (1) or (2), is of the opinion that a person has failed to comply with a compliance order issued under Section 16B, the Chief Executive Officer or the Director, as the case may be, may issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice.

(4) An administrative penalty issued under subsection (3) may not exceed five thousand dollars.

(5) The notice referred to in subsection (3) must state

(a) the name of the person to whom it is addressed;

(b) the designated trade that is the subject of the order;

(d) the amount of the penalty, determined in accordance with the general regulations;

(e) when and how the penalty must be paid; and

(f) that the person may apply, in accordance with Section 24B, to have the penalty reviewed by the Utility and Review Board.

(6) A notice issued under subsection (3) must be served on the person required to pay the penalty by personal service or service by mail to the person's last known address.

16H (1) Subject to an appeal under Section 24B, a person required to pay an administrative penalty shall pay it within thirty days after the notice of the penalty is served on the person.

(2) An administrative penalty becomes a debt due to Her Majesty in right of the Province if not paid

(a) within thirty days after the notice of the penalty is served, if the penalty is not appealed; or

(b) within thirty days of the decision on the appeal, if the penalty is appealed and the Utility and Review Board confirms that a penalty is owing.

(3) The Director may certify a debt referred to in subsection (2), or any part of such debt that has not been paid, and the certificate may be filed with a prothonotary of the Supreme Court of Nova Scotia and, upon being filed, may be enforced in the same manner as a judgment of the Court.

16I A person who pays an administrative penalty issued under Section 16G for failing to comply with a compliance order issued with respect to a contravention of this Act, the general regulations or the trade regulations may not be charged with an offence respecting that contravention unless the contravention continues after the penalty is paid.

16J (1) The Director shall report the details of any notice of an administrative penalty issued by the Director under Section 16G to the Chief Executive Officer.

(2) After the period for appealing notice of an administrative penalty has expired, where no appeal has been filed with the Utility and Review Board in accordance with subsection 24B(2), the Chief Executive Officer may make public the details of the notice of administrative penalty in such manner as the Chief Executive Officer determines, and may include personal information as defined in the Freedom of Information and Protection of Privacy Act in the disclosure.

10 Section 17 of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by adding "general regulations, the trade" immediately after "the" the first time it appears in the third line.

11 Sections 17A and 17B of Chapter 1 are repealed and the following Sections substituted:

(2) Subject to subsection (3), the Governor in Council may make trade regulations designating a trade and establishing and approving objectives, standards and requirements for a trade that is specified in the trade regulations as a compulsory certified trade.

(3) Trade regulations may

(a) designate a trade or a branch of a trade;

(b) establish and approve objectives, standards and requirements in relation to

(ii) certification in the trade without apprenticeship training; and

(ii) the conditions that a person must meet to be eligible to enter into an apprenticeship agreement as an employer,

(iii) the term of an apprenticeship in the designated trade,

(iv) the requirement for a probationary period in relation to the designated trade and the length of the probationary period,

(v) the minimum ratio of journeypersons to apprentices and any additional terms and conditions pertaining to journeypersons and apprentices in relation to the minimum ratio,

(vi) the wage rate for an apprentice in the designated trade,

(vii) the number of documented hours specified for a level in the designated trade,

(viii) the requirements in addition to those set out in clause 21(1)(a) that must be satisfied before a certificate of qualification may be granted to an apprentice in the designated trade,

(ix) for the purpose of an application by a trade qualifier for a certificate of qualification,

(B) the period of employment in the designated trade that is required before the Director may grant the certificate of qualification, and

(C) any other applicable requirements that must be satisfied before the Director will grant the certificate of qualification,

(x) requiring a journeyperson in the designated trade to display the journeyperson's certificate of qualification at the journeyperson's place of employment,

(xi) establishing, in relation to a designated trade that is not a compulsory certified trade, the term of validity for a certificate of qualification for the trade,

(xii) establishing, in relation to a designated trade that is not a compulsory certified trade, that the certificate of qualification issued in the trade may be renewed, and indicating

(B) the applicable term for the renewal,

(xiii) where the employee performs some but not all of the tasks that come within the scope of a compulsory certified trade,

(B) setting out the terms and conditions under which the employee and employer may make joint application for the renewal of the exemption,

(xiv) establishing the term of validity for a certificate of qualification for a compulsory certified trade,

(xv) establishing, in relation to a compulsory certified trade, that a certificate of qualification issued in the trade may not be renewed,

(xvi) establishing, in relation to a renewable certificate of qualification for a compulsory certified trade,

(B) the applicable term for the renewal.

(4) In the case of a conflict between the trade regulations and the general regulations, the general regulations prevail.

(5) Where the Board repeals trade regulations made pursuant to subsection (1) for a designated trade other than a designated trade that is specified in the trade regulations as a compulsory certified trade, the Board may, by trade regulation, revoke the designation of the designated trade that is the subject of those trade regulations.

(6) Where the Governor in Council repeals trade regulations made pursuant to subsection (2), the Governor in Council may, by trade regulation, revoke the designation of the designated trade that is the subject of those trade regulations.

(7) The exercise by the Board or by the Governor in Council of the authority contained in this Section is a regulation within the meaning of the Regulations Act.

17B (1) An accredited training provider shall collect and disclose to the Director at least once a year and at such other times as the Director may request

(a) a list of all persons enrolled in any pre-apprenticeship training program offered by the accredited training provider during the previous calendar year and up to the time the list is prepared; and

(b) for each person referred to in clause (a),

(ii) the pre-apprenticeship training program in which the person is or was enrolled,

(iii) where the person is no longer a pre-apprentice at the time the list is prepared, whether that person completed the pre-apprenticeship training program in which the person was enrolled, and

(iv) such other information as may be prescribed by the general regulations.

(2) A pre-apprentice enrolled with an accredited training provider shall register with the Director, in the manner specified in the general regulations, but may opt out of registration at any time in such manner as may be specified in the general regulations.

12 (1) Subsection 18(2) of Chapter 1, as amended by Chapter 41 of the Acts of 2014, is further amended by adding "general" immediately after "the" the first time it appears in the second line.

(2) Subsection 18(3) of Chapter 1 is amended by

(a) adding "general" immediately after "the" in clause (a); and

(b) striking out "and the" in the second line of clause (b) and substituting ", the general regulations and the trade".

(3) Subsection 18(5) of Chapter 1, as amended by Chapters 3 and 41 of the Acts of 2014, is further amended by adding "general" immediately after "the" the first time in appears in the first line.

(4) Subsection 18(5A) of Chapter 1, as enacted by Chapter 41 of the Acts of 2014, is amended by

(a) adding "general" immediately after "the" the first time it appears in the second line; and

(b) striking out "pre-employment apprenticeship-training" in the sixth and seventh lines and substituting "pre-apprenticeship-training".

(5) Subsection 18(6) of Chapter 1 is amended by striking out "and the" in the last line and substituting ", the general regulations and the trade".

(6) Subsection 18(11) of Chapter 1 is amended by adding "general regulations or the trade" immediately after "the" the second time it appears in the last line.

13 Subsection 18A(4) of Chapter 1, as enacted by Chapter 41 of the Acts of 2014, is amended by adding "general" immediately after "the" in the last line.

14 (1) Subsection 19(3) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding "general regulations and the trade" immediately after "the" in the last line.

(2) Subsection 19(4) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by striking out "trade regulations and other regulations respecting the trade to which the agreement relates" in the third and fourth lines and substituting "general regulations, the trade regulations".

15 Section 20 of Chapter 1 is amended by adding "general regulations and the trade" immediately after "the" the first time it appears in the first line.

16 (1) Subsection 21(1) of Chapter 1 is amended by adding "general regulations and the trade" immediately after "the" the first time it appears in the first line.

(2) Subsection 21(1A) of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by adding "general regulations and the trade" immediately after "the" the first time it appears in the first line.

(3) Subsection 21(1B) of Chapter 1, as enacted by Chapter 3 of the Acts of 2014, is amended by adding "general" immediately after "the" in the second-last line.

(4) Clause 21(2)(b) of Chapter 1 is amended by adding "general" immediately after "the" in the last line.

17 (1) Subsection 22(1) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding "trade" immediately after "by" in the first line.

(2) Subsection 22(2) of Chapter 1 is repealed and the following subsection substituted:

(a) is a party to an apprenticeship agreement for which an application for registration has been made and the application is pending;

(b) is engaged in apprenticeship training in the trade under an apprenticeship agreement that is registered pursuant to this Act and is not suspended;

(ii) a certificate of proficiency,

that is not suspended, and is in compliance with the general regulations and the trade regulations;

(d) holds a temporary permit issued by the Director pursuant to this Act with respect to the trade; or

(e) holds a certificate, other than a certificate referred to in clause (c), that is recognized by the Director pursuant to the general regulations and is not suspended.

(3) Section 22 of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding immediately after subsection (3) the following subsection:

(3A) A recognized association shall not provide a person in a compulsory certified trade to do work within a designated trade for others if the recognized association knows, or would be reasonably expected to know, that the person is prohibited from working in the trade by subsection (2).

(4) Subsection 22(4) of Chapter 1 is repealed and the following subsection substituted:

(4) Subject to the general regulations and the trade regulations, the Director may exempt a person referred to in subsection (2), an employer referred to in subsection (3) or a recognized association referred to in subsection (3A) from the application of those subsections.

18 Chapter 1 is further amended by adding immediately after Section 22 the following Sections:

22B No person shall use any title, name, abbreviation or description implying that the person holds an interprovincial red seal endorsement to a certificate of qualification for a designated trade unless the person holds an interprovincial red seal endorsement to a certificate of qualification for that designated trade.

19 Subsection 23(1) of Chapter 1 is amended by adding "general" immediately after "the" the first time it appears in the first line.

20 (1) Clause 24(1)(g) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding "general" immediately after "the".

(2) Subsection 24(2) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding "general" immediately after "the" in the second-last line.

(3) Subsection 24(5) of Chapter 1, as amended by Chapter 3 of the Acts of 2014, is further amended by adding "general" immediately after "the" the first time it appears in the first line.

21 Chapter 1 is further amended by adding immediately after Section 24 the following Sections:

(2) An appeal from an order issued pursuant to Section 16B may be commenced by filing a notice of appeal with the Utility and Review Board within fourteen days after the order is served on the person named in the order in accordance with clause 16B(6)(g).

(3) Subject to subsection (4), an appeal acts as a stay of the operation of the order issued under Section 16B that is under appeal until the appeal is determined.

(4) With or without notice, upon application by the Director, the Utility and Review Board, after considering

(a) primarily, the degree of risk and the potential impact of the risk on persons; and

(b) secondarily,

(ii) whether there is a strong prima facie case for a successful appeal of the order,

may order that the appeal of the order does not operate as a stay pending the outcome of the appeal.

(5) On an appeal from an order issued under Section 16B, the Utility and Review Board may, by order,

(a) confirm, vary or revoke the order;

(b) allow additional time for the person to whom the original order was issued to comply with the order and attach conditions to such compliance;

(d) in accordance with subsections (6) and (7), refer the matter back to the Director or authorized person for further consideration in accordance with the Board's direction.

(6) Where the Utility and Review Board refers the matter back to the Director or authorized person under clause (5)(d), the Director or authorized person shall give the matter further consideration in accordance with the Board's direction and then provide a written report to the Board.

(7) The Utility and Review Board shall, after receiving a written report from the Director or authorized person under subsection (6) and the evidence and submissions of the appellant and any other parties to the appeal, confirm, vary or revoke the order.

24B (1) A person served with notice issued under subsection 16G(3) that the person is required to pay an administrative penalty may appeal the penalty in accordance with subsection (2).

(2) An appeal from an administrative penalty issued pursuant to Section 16G may be commenced by filing a notice of appeal with the Utility and Review Board within fourteen days after the person who is required to pay the administrative penalty is served with notice of the administrative penalty in accordance with subsection 16G(6).

(3) Where an administrative penalty is appealed pursuant to subsection (2), the requirement to pay the administrative penalty is stayed until the Utility and Review Board decides the appeal.

(4) On an appeal from an administrative penalty issued under Section 16G, the Utility and Review Board may, by order,

(a) confirm, vary or revoke the penalty;

(b) allow additional time for the person to whom the penalty was issued to comply with the order with respect to which the penalty was issued and attach conditions to such compliance; or

24C (1) The Director is a party to an appeal commenced under Section 24A or 24B.

(2) On an appeal under Section 24A or 24B, the Utility and Review Board has all the powers set out in the Utility and Review Board Act, including the power to establish its own processes and procedures for fulfilling its function and duties under those Sections.

(3) The Utility and Review Board shall notify the appellant, the Director and any other party to an appeal under Section 24A or 24B, in writing, of its decision.

(4) Subject to Section 30 of the Utility and Review Board Act, a decision of the Utility and Review Board on an appeal under Section 24A or 24B is final and binding.

22 Section 25 of Chapter 1 is amended by adding "general regulations or the trade" immediately after "the" the second time it appears in the third line.

23 Clause 26(ab) of Chapter 1, as enacted by Chapter 41 of the Acts of 2014, is amended by striking out "pre-employment apprenticeship-training" in the first and second lines and substituting "pre-apprenticeship-training".

24 (1) Subsection 27(1) of Chapter 1 is amended by

(a) adding "general regulations or the trade" immediately after "the" in clause (b);

(b) striking out clause (c) and substituting the following clause:

and

(2) Subsection 27(2) of Chapter 1 is amended by striking out "ten" in the second line and substituting "fifty".

(3) Subsection 27(3) of Chapter 1 is amended by adding "general regulations or the trade" immediately after "the" the first time it appears in the third line.

(4) Subsection 27(4) of Chapter 1 is amended by

(a) adding "general" immediately after "the" the first time it appears in the first line; and

(b) adding a comma immediately after "examination" in the second line.

25 Subsection 28(2) of Chapter 1 is amended by striking out "or the" in the first line and substituting ", the general regulations or the trade".

26 (1) Subsection 29(1), as amended by Chapter 23 of the Acts of 2006 and Chapters 3 and 41 of the Acts of 2014, is further amended by

(a) adding "general" immediately after "make" in the first line;

(b) adding "general regulations, the trade" immediately after "the" the first time it appears in the second line of clause (a);

(ii) prescribing the range of administrative penalty amounts that may be issued, and

(iii) respecting the determination of amounts of administrative penalties, which may vary according to the nature or frequency of the contravention and whether the person contravening the compliance order is an individual or a corporation;

(ab) respecting any other matter that must be addressed in a written order, including any matter referred to in Section 16B, 16C, 16D, 16E or 16F;

(d) striking out clause (y) and substituting the following clause:

(y) respecting training standards and certification for trades designated by the Canadian Council of Directors of Apprenticeship, including the issuance of interprovincial red seal endorsements and the recognition of interprovincial red seal endorsements issued with respect to other provinces of Canada under the Canadian Council of Directors of Apprenticeship Interprovincial Standards (Red Seal) Program;

(e) striking out clause (ae) and substituting the following clauses:

(aea) respecting additional information that must be provided to the Director by an accredited training provider pursuant to subclause 17B(1)(b)(iv);

(aeb) respecting

(ii) the opting out of registration of pre-apprentices,

pursuant to subsection 17B(2);

(f) striking out "including the specification that a trade is a compulsory certified trade," in the first, second and third lines of clause (ai);

(g) striking out "pre-employment apprenticeship" in the fourth line of clause (aj) and substituting "pre-apprenticeship"; and

(h) striking out "pre-employment apprenticeship-training" in the sixth and seventh lines of clause (aj) and substituting "pre-apprenticeship-training".

(2) Subsection 29(2) of Chapter 1 is amended by

(a) adding "general" immediately after "A" in the first line;

(b) striking out clause (b); and

27 This Act comes into force six months after the day on which it receives Royal Assent.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created April 17, 2018. Send comments to legc.office@novascotia.ca.

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BILL NO. 70

(as introduced)

Apprenticeship and Trades Qualifications Act (amended)

Explanatory Notes

An Act to Amend Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act

More Information

Apprenticeship and Trades Qualifications Act
(amended)

An Act to Amend Chapter 1
of the Acts of 2003,
the Apprenticeship and Trades Qualifications Act