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Sheet Metal Worker Trade Regulations

made under Section 17B of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

O.I.C. 2016-239 (October 3, 2016, effective April 1, 2017), N.S. Reg. 193/2016


Citation

1     These trade regulations may be cited as the Sheet Metal Worker Trade Regulations.


Definitions

2     (1)    In these regulations,

 

“Act” means the Apprenticeship and Trades Qualifications Act;

 

“breeching” means the horizontal portion of a combustion venting system used for exhausting fumes and gases;

 

“General Regulations” means the Apprenticeship and Trades Qualifications Act General Regulations made under the Act;

 

“sheet metal worker trade” means the occupation of a sheet metal worker, consisting of, except as provided in subsection (2), all of the following:

 

                         (i)     manufacturing, fabricating, assembling, handling, erecting, installing, dismantling, reconditioning, adjusting, altering, repairing or servicing all ferrous and nonferrous sheet metal work of No. 10 U.S. gauge or any equivalent or lighter gauge, and all other materials used in place of those materials,

 

                         (ii)    reading and understanding shop and field sketches used in fabricating and erecting sheet metal work, including those taken from original architectural and engineering drawings or sketches.

 

       (2)    For the purposes of these regulations, the occupation of sheet metal worker does not include any of the following work:

 

                (a)    work on gutters, fascia, or metal studs;

 

                (b)    work related to installing siding, roofing, breeching or chimneys, regardless of the materials used;

 

                (c)    work performed by way of mass production.

 

       (3)    A term defined in the General Regulations has the same meaning when used in these regulations.


Sheet metal worker trade is compulsory certified trade

3     The sheet metal worker trade is specified as a compulsory certified trade.


Person other than sheet metal worker performing work in trade

4     A person who does not hold a certificate of qualification in the sheet metal worker trade may perform work included in the definition of the sheet metal worker trade if the person holds a certificate of qualification in another designated trade and the work to be performed comes within the scope of that other designated trade.


Exemption application under General Regulations permitted for sheet metal worker trade

5     For the purposes of subsection 38(2) of the General Regulations, a joint application for an exemption from the application of subsections 22(2) and (3) of the Act is permitted for the sheet metal worker trade.


Term of apprenticeship for sheet metal worker trade

6     (1)    The term of apprenticeship for the sheet metal worker trade consists of all of the following:

 

                (a)    7200 documented hours of the combination of practical experience and the portion of technical training spent learning the skills of the designated trade as described in clause 26(1A)(a) of the General Regulations and as approved by the Director;

 

                (b)    related technical training as described in clause 26(1A)(b) of the General Regulations and as approved by the Director;

 

                (c)    a certification examination.

 

       (2)    Any probationary period included in a term of apprenticeship for the sheet metal worker trade as permitted by subsection 12(2) of the General Regulations must be no longer than 3 months.


Ratio of journeypersons to apprentices for sheet metal worker trade

7     The minimum ratio of journeypersons to apprentices required by clause 27(2)(a) of the General Regulations to be maintained by an employer in the sheet metal worker trade, unless varied in accordance with Section 24 of the General Regulations, is 1 journeyperson to each apprentice.


Wage schedule for apprentices in sheet metal worker trade

8     (1)    Subject to subsection (2) and to subsection 25(3) of the General Regulations, the minimum wage for each hour worked by a sheet metal worker apprentice in each portion of a level of their term of apprenticeship is a percentage of the wage for a sheet metal worker journeyperson in the same place of employment, as set out in the following table:


Wages for Sheet Metal Worker Apprentice

Level of Apprenticeship

Hours in Portion of

Level of Apprenticeship

Minimum Wage

(% of journeyperson’s wage)

1

0–900

50%

901–1800

55%

2

1801–2700

60%

2701–3600

65%

3

3601–4500

75%

4501–5400

80%

4

5401–6300

85%

6301–7200

90%

 

       (2)    An employer must not employ a sheet metal worker apprentice at a wage for actual hours worked that is lower than the wage that would be paid at the minimum wage rate prescribed in the Minimum Wage Order (General) made under the Labour Standards Code.


Certificate in sheet metal worker trade through trade qualification

9     The period of employment in the designated trade that is required by paragraph 30(1)(a)(ii)(B) of the General Regulations for a person who does not hold a certificate of apprenticeship and is applying for a certificate of qualification in the sheet metal worker trade is 10 800 hours.


Term and renewal of certificate of qualification in sheet metal worker trade

10   (1)    A certificate of qualification in the sheet metal worker trade is valid for 5 years from the date it is issued.

 

       (2)    A certificate of qualification in the sheet metal worker trade that is renewed in accordance with subsection 41(2) of the General Regulations is valid for a further term of 5 years from its most recent expiry date.


Compliance with identity card requirements of General Regulations

11   For the purposes of Section 34 of the General Regulations, which requires an apprentice or journeyperson to keep an identity card in their possession when practising the designated trade and produce it on request, a person is practising the sheet metal worker trade while the person is doing any of the following:

 

                (a)    for an apprentice,

 

                         (i)     acquiring practical experience in the trade, or

 

                         (ii)    learning the skills of the trade during the technical training portion of apprenticeship training;

 

                (b)    for a journeyperson, performing the duties of the trade as defined in these regulations or their duties as set out in the General Regulations.

Transition

12   A person who, immediately before the coming into force of these regulations, was an apprentice in an apprenticeship program under the Sheet Metal Worker Trade Regulations, N.S. Reg. 71/2014, continues as an apprentice in that apprenticeship program under these regulations.