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Apprenticeship and Trades Qualifications Act General Regulations

made under Section 29 of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

O.I.C. 2003-304 (effective July 1, 2003), N.S. Reg. 129/2003

amended to O.I.C. 2023-295 (effective October 19, 2023), N.S. Reg. 189/2023



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

Citation

Definitions

Direct supervision and training

Inconsistency with trade regulations


Responsibilities of Director

Director’s powers and duties

Youth apprenticeship program


Requirements for Apprenticeship Agreements

Apprentice eligibility requirements

Employer eligibility requirements

Requirements for parties to apprenticeship agreement

Training provided for in apprenticeship agreement

Registering apprenticeship agreement

Term of apprenticeship

Responsibilities of apprentice

Responsibilities of employer

Apprentice transferring to new employer


Prior Learning Assessment and Recognition (Granting of Credits)

Credit for prior learning


Accreditation of Training Providers

Accreditation of training providers

Agreements re accreditation

Technical training program content

Cancellation of accreditation

Accreditation coming into effect


Working Conditions

Overtime hours

Minimum ratio of apprentices to journeypersons

Deemed variance of minimum ratio for extra-provincial apprentice

Increase in ratio of apprentices to journeypersons

Apprentice wage rates

Deemed variance of wage rate for extra-provincial apprentice


Apprenticeship Training

Criteria for advancing between levels in apprenticeship program

Conditions of apprenticeship training


Certification

Eligibility to take examination for certificate of apprenticeship

Certification through apprenticeship qualification

Certificate through trade qualification

Certificate of proficiency

Red seal certification

Examinations

Restriction on certificates

Identity card

Display of certificate of qualification

Suspension or cancellation of certificate of qualification

Suspension or cancellation of certificate of proficiency

Term and renewal of certificate of qualification in non-compulsory trade


Compulsory Certified Trades

Temporary permit for trade qualifier in compulsory certified trade

Temporary permit for person other than trade qualifier

Exemption from subsections 22(2) and (3) of the Act

Revocation of exemption from subsections 22(2) and (3) of the Act

Renewal of exemption from subsections 22(2) and (3) of the Act

Term and renewal of certificate of qualification in compulsory certified trade


Notice and Fees

Address for notice

Fees


Administrative Penalties

Definitions for this Section and Sections 46 to 54

Form for notice of administrative penalty

Period for issuing administrative penalty

Additional content for notice of administrative penalty

Amount of administrative penalty

Reissuing notice of administrative penalty

Restriction on issuing 2nd notice or 3rd or subsequent notice

Three-year period for issuing notice of administrative penalty

Administrative penalty does not relieve person from duty to comply

Form of notice of appeal


Form “A”—Notice of Administrative Penalty



 


Interpretation


Citation

1     These regulations may be cited as the Apprenticeship and Trades Qualifications Act General Regulations.


Definitions

2     In these regulations,

 

“Act” means the Apprenticeship and Trades Qualifications Act;

 

“apprenticeship program” means a defined program of practical experience, technical training and certification examination undertaken by an apprentice in a designated trade;

 

“certification examination” means the Provincial certification examination or the interprovincial certification examination required for a certificate of qualification;

 

“department” means the Department of Labour and Advanced Education;

 

“extra-provincial apprentice” means an apprentice who is party to an extra-provincial apprenticeship agreement;

 

“extra-provincial apprenticeship agreement” means an apprenticeship agreement made between the Director and an apprentice under Section 18A of the Act;

 

“identity card” means an identity card issued by the Director pursuant to Section 34;

 

“interprovincial red seal” means an interprovincial red seal endorsement issued in a trade under the Canadian Council of Directors of Apprenticeship Interprovincial Standards (Red Seal) Program;

 

“level” means a stage of practical experience and related technical training within an apprenticeship program;

 

“occupational analysis” means the National Occupational Analysis or Red Seal Occupational Standard published by the government of Canada for a designated trade, or if no National Occupational Analysis or Red Seal Occupational Standard exists, the Provincial occupational analysis for that designated trade published by the Province;

 

“record of occupational progress” means an apprentice’s log book in which the employer records the apprentice’s hours of practical experience and the tasks learned or completed by the apprentice throughout the term of apprenticeship;

 

“tasks” means the tasks, including the sub-tasks, specified in an occupational analysis;

 

“term of apprenticeship” means the time required to complete an apprenticeship program, in accordance with Section 12;

 

“trade regulations” means regulations made under the Act respecting a particular designated trade;

 

“trade qualifier” means a person who has applied under Section 30 for a certificate of qualification and has not received the certificate for which the application was made;

 

“training provider” means a person, union, organization or association who has an agreement with the Director under Section 18 to deliver technical training; and

 

“youth apprentice” means a person who is a party to an apprenticeship agreement while registered in a youth apprenticeship program.


Direct supervision and training

3     For the purpose of these regulations, an apprentice is under the direct supervision of a journeyperson if all of the following conditions are met:

 

                (a)    the apprentice has prompt access to the journeyperson and is able to communicate with the journeyperson, either in person or virtually, respecting the task being supervised;

 

                (b)    the journeyperson mentors the apprentice through instruction, demonstration and feedback, in order to provide the technical information, knowledge and guidance necessary for the apprentice to perform the tasks of the trade to a standard of skill, competence, and safety expected of

 

                         (i)     a person who has reached the apprentice’s level in the apprenticeship program, or

 

                         (ii)    a journeyperson in that trade;

 

                (c)    the extent of the journeyperson’s supervision is proportionate to the degree of risk present while the apprentice is performing a task.


Inconsistency with trade regulations

4     (1)    These regulations apply generally to all designated trades.

 

       (2)    If trade regulations are inconsistent with these regulations, these regulations prevail, unless expressly stated otherwise in these regulations.


Responsibilities of Director


Director’s powers and duties

5     (1)    In addition to the powers and duties of the Director prescribed in the Act, the Director must

 

                (a)    maintain a registry of all apprenticeship agreements, including a record of the practical experience gained and technical training completed by each apprentice;

 

                (b)    advise an apprentice and an employer of their respective responsibilities under an apprenticeship agreement;

 

                (c)    establish an examination schedule;

 

                (d)    establish a training schedule; and

 

                (e)    provide for the manner and time of examinations of apprentices and trade qualifiers, and the conditions under which examinations must be conducted.

 

       (2)    In carrying out the powers and duties prescribed in the Act and in subsection (1), the Director may

 

                (a)    approve skills upgrading and skills enhancement training, for trade qualifiers and journeypersons;

 

                (b)    prescribe the form of

 

                         (i)     an apprenticeship agreement,

 

                         (ii)    training standards, and

 

                         (iii)   examinations,

 

and other documents or agreements necessary for the operation of an apprenticeship program; and

 

                (c)    provide reasonable accommodation to assist persons to complete examinations.


Youth apprenticeship program

6     The Director may assist in the development, operation and maintenance of a youth apprenticeship program.


Pre-Apprentices


Pre-apprentice registration and opting out of registration

6A  (1)    A pre-apprentice who is enrolled in a pre-apprenticeship training program with an accredited training provider is deemed to have registered with the Director as required by subsection 17B(2) of the Act.

 

       (2)    To opt out of registration, a pre-apprentice enrolled with an accredited training provider must submit to the provider a written, signed and dated notice in a form approved by the Director indicating that the pre-apprentice is opting out of registration.

 

       (3)    An accredited training provider must forward to the Director any notices of opting out of registration at the following times:

 

                (a)    at least once a year, but no later than the date that the accredited training provider discloses to the Director the pre-apprenticeship training information required by subsection 17B(1) of the Act;

 

                (b)    at any other time the Director requests.


Requirements for Apprenticeship Agreements


Apprentice eligibility requirements

7     A person is eligible to enter into an apprenticeship agreement to become an apprentice if the person is employed and

 

                (a)    has attained a Canadian High School Graduation Completion diploma or equivalent;

 

                (b)    has the educational prerequisites and the essential skills prescribed in the applicable trade regulations;

 

                (c)    is a youth apprentice; or

 

                (d)    is at least 19 years old and, through assessment by the Director, has demonstrated to the Director that the person has the knowledge and skills relevant and appropriate for apprenticeship in a particular trade.


Employer eligibility requirements

8     A person, corporation, partnership, unincorporated association or a municipal, provincial or other public authority is eligible to enter into an apprenticeship agreement as an employer, if the person or body

 

                (a)    can provide suitable practical experience in the designated trade specified in the apprenticeship agreement;

 

                (b)    can ensure supervision of the apprentice;

 

                (c)    will provide the apprentice the opportunity to participate in technical training and take examinations

 

in accordance with these regulations, and meets any other conditions prescribed in the applicable trade regulations.


Requirements for parties to apprenticeship agreement

9     An apprenticeship agreement may be entered into only by a person who meets the eligibility requirements prescribed in Section 7 and

 

                (a)    for an apprenticeship agreement other than an extra-provincial apprenticeship agreement, the Director and a person or body who meets the eligibility requirements of Section 8; or

 

                (b)    for an extra-provincial apprenticeship agreement, the Director.


Training provided for in apprenticeship agreement

10   An apprenticeship agreement must provide for apprenticeship training that enables the apprentice to learn a designated trade in accordance with the Act and regulations made under the Act.


Registering apprenticeship agreement

11   A party to an apprenticeship agreement who applies to the Director to have the agreement registered under subsection 18(2) of the Act must

 

                (a)    submit the apprenticeship agreement in the form prescribed by the Director;

 

                (b)    submit evidence satisfactory to the Director that the requirements of the Act and regulations made under the Act have been met; and

 

                (c)    pay the fee prescribed in subsection 44(1).


Term of apprenticeship

12   (1)    A term of apprenticeship is as prescribed in the applicable trade regulations, or in the absence of applicable trade regulations, by the Director.

 

       (2)    A term of apprenticeship may include a probationary period of a duration prescribed in the applicable trade regulations or, in the absence of applicable trade regulations, a probationary period of up to 3 months.

 

       (3)    An apprenticeship agreement is permitted to remain in effect no longer than 1.5 times the specified term of apprenticeship, unless otherwise authorized by the Director.


Responsibilities of apprentice

13   An apprentice must

 

                (a)    ensure that their hours of practical experience worked and the tasks that they have learned or completed are accurately documented in their record of occupational progress;

 

                (b)    make their record of occupational progress available to

 

                         (i)     their employer, to enable the completion of the employer’s portion of the record, and

 

                         (ii)    the Director, upon request;

 

                (c)    remit all applicable fees when required;

 

                (d)    provide their address to the Director and notify the Director in writing within 15 days of any change to their name or address;

 

                (e)    notify the Director, in writing if requested by the Director, within 15 days of the event if

 

                         (i)     the apprentice is suspended by their employer,

 

                         (ii)    the apprentice ceases to be employed as an apprentice by their employer, or

 

                         (iii)   their employer fails to provide the apprentice with practical experience or the opportunity to participate in technical training; and

 

                (f)    participate in and complete technical training prescribed by the Director.


Responsibilities of employer

14   An employer must

 

                (a)    pay an apprentice in accordance with Section 25;                                           

 

                (b)    provide direct supervision for an apprentice;

 

                (c)    accurately record in the apprentice’s record of occupational progress

 

                         (i)     the hours of practical experience worked by an apprentice,

 

                         (ii)    the tasks learned and completed by an apprentice as confirmed by the supervising journeyperson,

 

and any other information needed to complete the employer’s portion of an apprentice’s record of occupational progress;

 

                (d)    allow an apprentice to participate in the required technical training and to take examinations;

 

                (e)    if an apprentice is laid off to participate in technical training, re-employ the apprentice on completion of the training;

 

                (f)    ensure that the daily hours of practical experience of an apprentice do not begin earlier or end later in each day than the daily working hours of the journeyperson under whose supervision the apprentice is working;

 

                (g)    ensure that the working conditions of an apprentice are the same as the working conditions of a journeyperson in the workplace where the apprentice is employed; and

 

                (h)    notify the Director in writing within 15 days of the event if

 

                         (i)     an apprentice is suspended from the workplace,

 

                         (ii)    an apprentice ceases to be employed as an apprentice, or

 

                         (iii)   the employer fails to provide an apprentice with practical experience or allow an apprentice to participate in technical training.


Apprentice transferring to new employer

15   An employer who enters into an apprenticeship agreement with an apprentice who was previously a party to another apprenticeship agreement that was registered must

 

                (a)    register the new apprenticeship agreement with the Director; and

 

                (b)    pay the apprentice and provide for the training of the apprentice consistent with the level or portion of a level that the apprentice attained under the previous agreement.


Prior Learning Assessment and Recognition (Granting of Credits)


Credit for prior learning

16   (1)    When an apprentice agreement is being registered, the apprentice under the agreement may also apply to the Director to receive credit for previous relevant training and experience, subject to the limits established by the Director.

 

       (2)    The Director may require that an apprentice who applies to receive credit undergo an assessment to determine the amount and type of credit, if any, to be granted for previous training and experience.

 

       (3)    The Director must consider the results of any assessment under subsection (2), when granting an apprentice credit pursuant to subsection 18(5) of the Act.

 

       (4)    If the Director grants credit to an apprentice under subsection 18(5) of the Act, the amount of credit granted for

 

                (a)    technical training must reduce the overall technical training requirements for the apprentice; and

 

                (b)    practical experience may reduce the overall practical experience requirements for the apprentice.


Accreditation of Training Providers


Accreditation of training providers

17   (1)    The Director may accredit a training provider if

 

                (a)    the Director is of the opinion that the training provider will provide

 

                         (i)     a technical training program approved by the Director to meet some or all of the technical training requirements, including standards, of an apprenticeship program for a designated trade,

 

                         (ii)    instructors who are qualified to provide the technical training for a designated trade,

 

                         (iii)   tools and equipment that meet the standards prescribed by the Director for a designated trade,

 

                         (iv)   a facility that is suitable for the technical training for a designated trade;

 

                (b)    the training provider provides verification of financial viability of the training provider; and

 

                (c)    the training provider pays the fees prescribed in subsection 44(10) for accreditation of the training provider and subsection 44(11) for program approval.

 

       (2)    In accrediting a training provider under subsection (1), the Director may

 

                (a)    specify the levels, or portions of levels, of technical training that a successful graduate of the training provider will receive toward a certificate of qualification in a designated trade;

 

                (b)    specify the period of time for which the accreditation is granted;

 

                (c)    provide an accreditation number to the training provider; and

 

                (d)    impose conditions on the accreditation.


Agreements re accreditation

18   Before being granted accreditation, a training provider must enter into an agreement with the Director that enables the Director to obtain any of the following:

 

                (a)    copies of the attendance records for participants who receive training as part of an apprenticeship system;

 

                (b)    copies of test questions, forms and other evaluation instruments used;

 

                (c)    copies of the grades attained by participants who receive training as part of an apprenticeship system;

 

                (d)    access to the facilities of the training provider to enable the Director to evaluate the suitability of the equipment, tools and facilities used in the training program;

 

                (e)    any document or report the Director may require for the purpose of ongoing evaluation of the training provider and training program.


Technical training program content

19   A technical training program must be based on, but is not restricted to, the occupational analysis of the trade and must be in accordance with the training standards approved by the Director.


Cancellation of accreditation

20   The Director may cancel the accreditation of a training provider if the training provider

 

                (a)    fails to meet the accreditation requirements of clause 17(1)(a);

 

                (b)    fails to comply with a condition imposed under clause 17(2)(d); or

 

                (c)    fails to comply with an agreement entered into under Section 18.


Accreditation coming into effect

21   (1)    A training provider who, upon the coming into force of the Act, is a party to an agreement with the Minister to deliver technical training is not required to be accredited pursuant to Section 17 for the term of the agreement in respect of the delivery of technical training programs pursuant to the agreement.

 

       (2)    A training provider referred to in subsection (1) who wishes to deliver technical training programs not referred to in the agreement must be accredited by the Director pursuant to Section 17 for the delivery of those programs.


Working Conditions


Overtime hours

22   If hours that an apprentice works overtime are included in the apprentice’s hours of practical experience, they must be included on an hour per hour basis.


Minimum ratio of apprentices to journeypersons

23   (1)    An employer must maintain a minimum ratio of 1 journeyperson to every 3 apprentices in a designated trade, unless otherwise indicated in the trade regulations for that designated trade, and subject to any additional terms and conditions pertaining to journeypersons and apprentices in relation to the minimum ratio that may be set out in the trade regulations.

 

       (2)    An employer who is a journeyperson in the designated trade may be included in calculating a ratio under subsection (1).

 

       (2A) An apprentice who is in their final level in the designated trade is excluded in calculating a ratio under subsection (1).

 

       (3)    An apprentice who has been granted credit by the Director pursuant to Section 16 for all practical experience requirements of an apprenticeship program may, at the discretion of the Director, be excluded in calculating a ratio under subsection (1).

 

       (4)    An apprentice who is registered in a youth apprenticeship program may, at the employer’s discretion, be excluded in calculating a ratio under subsection (1).


Deemed variance of minimum ratio for extra-provincial apprentice

23AThe Director is deemed to have varied the minimum apprentice-to-journeyperson ratio for an extra-provincial apprentice who is employed in another province in a trade with a higher apprentice-to-journeyperson ratio than the ratio for the same or an equivalent designated trade under these regulations or the trade regulations, so that the ratio for the designated trade is equivalent to the ratio for the trade in the other province.


Increase in ratio of apprentices to journeypersons

24   (1)    Despite the minimum ratio set out in Section 23, or in trade regulations, an employer may apply to the Director, in the form approved by the Director, for permission to employ a higher ratio of apprentices to journeypersons.

 

       (2)    The Director may permit an employer to employ a higher ratio of apprentices to journeypersons if the Director is satisfied that

 

                (a)    the increase is required because, as a result of an insufficient number of journeypersons in the area where the employer carries on business,

 

                         (i)     the employer requires a journeyperson for services other than the supervision of apprentices by the journeyperson,

 

                         (ii)    there is an insufficient number of journeypersons to provide the services required by the employer in addition to the supervision of apprentices, and

 

                         (iii)   the employer is unable to carry out the work to which the employer is committed when complying with the minimum ratio; and

 

                (b)    the employer is committed to the advancement of apprenticeship training in the Province and, in particular,

 

                         (i)     is in compliance with the Act, these regulations and the applicable trade regulations at the time of the request, and

 

                         (ii)    is prepared to abide by any terms and conditions specified by the Director under subsection (3).

 

       (3)    Permission for an increase in the ratio of apprentices to journeypersons under this Section is subject to any terms and conditions considered appropriate by the Director, including requiring a journeyperson to receive journeyperson mentor training, and may be cancelled if the employer fails to comply with a term or condition specified, or a provision of the Act or regulations made under the Act.


Apprentice wage rates

25   (1)    Unless a higher minimum wage rate is prescribed by another enactment, other than the trade regulations, and subject to subsection (3), the wage rate for an apprentice in a trade for which there are trade regulations must be at least the wage rate the apprentice is entitled to under the trade regulations.

 

       (1A) Unless a higher minimum wage rate is prescribed by another enactment, the wage rate for an apprentice in a trade for which there are no trade regulations must be at least as follows:

 

                (a)    the starting wage rate must be at least 110% of the minimum wage rate for experienced employees as set out in the Minimum Wage Order (General) under the Labour Standards Code; and

 

                (b)    on advancement to the next level, the new wage rate must be at least 10% higher than the previous wage rate.

 

       (1B) In a wage schedule for apprentices set out in trade regulations, a reference to the hours in a term of apprenticeship means the total of the following:

 

                (a)    the documented hours of practical experience in the designated trade;

 

                (b)    the documented hours in technical training that are spent learning the skills of the designated trade.

 

       (2)    An employer is not required to pay wages, nor prohibited from paying wages, to an apprentice while the apprentice participates in technical training.

 

       (3)    An employer is not required to increase, nor prohibited from increasing, the wages of an apprentice when the apprentice has not completed the technical training within a level of their apprenticeship program.

 

       (4)    If a credit has been granted to an apprentice pursuant to Section 16, the apprentice's wage rate must be not less than the wage rate of an apprentice who has completed a similar level or portion of a level of apprenticeship in the trade.

 

       (5)    A recognized association that enters into an apprenticeship agreement with an apprentice is not required to pay wages or any benefits to the apprentice, but the recognized association must ensure an apprentice is paid in the same manner as the journeyperson under whose supervision the apprentice is working.


Deemed variance of wage rate for extra-provincial apprentice

25AThe Director is deemed to have varied the minimum wage rate for an extra-provincial apprentice who is employed in another province in a trade with a lower wage rate than the wage rate for the same or an equivalent designated trade under these regulations or the trade regulations, so that the wage rate for the designated trade is equivalent to the wage rate for the trade in the other province.


Apprenticeship Training


Criteria for advancing between levels in apprenticeship program

26   (1)    An apprentice may advance to the next level in an apprenticeship program upon completing the apprentice’s current level.

 

       (1A) A level in an apprenticeship program consists of

 

                (a)    1800 documented hours or, if specified in the applicable trade regulations, the number of documented hours specified in those trade regulations, of a combination of the following:

 

                         (i)     related practical experience in the trade, and

 

                         (ii)    the hours in technical training that are spent learning the skills of the designated trade; and

 

                (b)    completion of the amount of related technical training, other than the technical training referred to in subclause (a)(ii), that is proportionate to the documented hours of practical experience.

 

       (2)    To complete a level in an apprenticeship program, an apprentice must

 

                (a)    complete the number of documented hours for that level as specified in clause (1A)(a) or the applicable trade regulations;

 

                (b)    attain a satisfactory grade in all technical training required for that level;

 

                (c)    [repealed]

 

                (d)    pay all applicable fees prescribed in subsections 44(2) and (3).

 

       (3)    An apprentice who does not participate in the technical training required for the apprentice’s current level will not receive credit for practical experience until the apprentice participates in the technical training required for that level.

 

       (4)    The Director may, on terms and conditions satisfactory to the Director, excuse an apprentice from participating in a technical training course, if the Director is satisfied that there are circumstances beyond the control of the apprentice and the apprentice intends to participate in the next available course sitting.

 

       (5)    [repealed]

 

       (6)    The Director, upon giving written notice to the apprentice, may prohibit the apprentice from enrolling in technical training, writing examinations, or advancing in the apprenticeship program if the Director is of the opinion that the apprentice

 

                (a)    has ceased to be employed in, or ceased to perform the tasks of the designated trade; or

 

                (b)    does not demonstrate satisfactory advancement in the program or refuses to participate in 2 successive sections of the prescribed technical training.

 

       (7)    Within 12 months of receiving a notice under subsection (6), an apprentice must satisfy the Director that the apprentice is qualified and able to continue their apprenticeship in the trade, otherwise, the Director may conclude that the apprentice is not receiving the apprenticeship training required under the Act and regulations made under the Act and cancel the registration of the apprenticeship agreement for that apprentice.


Conditions of apprenticeship training

27   (1)    In apprenticeship training, an apprentice must do all of the following:

 

                (a)    advance in practical experience or technical training at a reasonable rate;

 

                (b)    remain in the designated trade specified in the apprenticeship agreement;

 

                (c)    participate in the required practical experience;

 

                (d)    participate in the required technical training;

 

                (e)    abide by the terms and conditions of the apprenticeship agreement, the Act and regulations made under the Act.

 

       (2)    In apprenticeship training, an employer must

 

                (a)    maintain the minimum ratio of journeypersons to apprentices prescribed for the designated trade, unless permission for an increased ratio is given under Section 24;

 

                (b)    provide adequate time and scope of practical experience for the apprentice in the designated trade;

 

                (c)    permit the apprentice to participate in technical training; and

 

                (d)    abide by the terms and conditions of the apprenticeship agreement, the Act and regulations made under the Act.

 

       (3)    If an apprentice fails to meet the requirements of subsection (1) or an employer fails to meet the requirements of subsection (2), the apprentice is deemed to be not receiving the apprenticeship training required under the Act and regulations made under the Act, and the apprenticeship agreement is subject to suspension or cancellation pursuant to subsection 18(6) of the Act.

 

       (4)    The Director must notify each of the other parties to an apprenticeship agreement in writing of the cancellation of the registration of the apprenticeship agreement on receiving either of the following from a party to the apprenticeship agreement:

 

                (a)    notice of the employer’s withdrawal from the apprenticeship agreement under subsection 18(7) of the Act;

 

                (b)    notice of the apprentice’s termination of the apprenticeship agreement under subsection 18(7A) of the Act.


Certification


Eligibility to take examination for certificate of apprenticeship

28   (1)    An apprentice who has successfully completed the practical experience and technical training components of the apprenticeship program for a designated trade is eligible to take the certification examination, for a certificate of apprenticeship in that trade.

 

       (2)    An apprentice who is eligible to take the certification examination is entitled to take the examination upon applying to the Director, in the form approved by the Director, and paying the fee prescribed in subsection 44(4) or (5), as applicable, for that examination.


Certification through apprenticeship qualification

29   (1)    An apprentice who has been granted credit by the Director of Partnership and Innovation pursuant to subsection 18(5) of the Act for all practical experience required for an apprenticeship program is eligible to receive a certificate of apprenticeship once the related certification examination has been successfully completed.

 

       (2)    For the purpose of Section 21 of the Act, an apprentice has successfully completed a certification examination if the apprentice has attained a grade of 70% or higher on the certification examination, or a grade that the Director considers satisfactory on the practical examination, if any, for the designated trade.

 

       (3)    In addition to the requirements of clause 21(1)(a) of the Act, an apprentice must have successfully completed any other requirement for being granted a certificate of qualification prescribed in the applicable trade regulations.


Certificate through trade qualification

30   (1)    The Director may issue a certificate of qualification in a designated trade to a person who does not hold a certificate of apprenticeship in the trade if the person applies and

 

                (a)    provides evidence acceptable to the Director that the person has been employed in the designated trade during the 10 years immediately before their application and,

 

                         (i)     if there are no trade regulations for the designated trade, has been employed in the designated trade for a period of time that is at least 1.5 times the term of apprenticeship for the designated trade, or

 

                         (ii)    if there are trade regulations for the designated trade,

 

                                  (A)   has completed the practical experience prescribed in the trade regulations as a requirement of eligibility to be examined for a certificate of qualification, or

 

                                  (B)   has been employed in the designated trade for the period of time that is prescribed in the applicable trade regulations for the purpose of this Section;

 

                (b)    is able to demonstrate, to the approval of the Director, competence in the tasks of the designated trade;

 

                (c)    is recommended for a certificate of qualification by 2 persons who are, in the opinion of the Director, qualified in the trade and who have vouched for the person’s skill and experience;

 

                (d)    completes the certification examination for the designated trade with a mark of 70% or greater;

 

                (e)    meets any other applicable requirements prescribed in the trade regulations for the designated trade; and

 

                (f)    pays the fee prescribed in subsection 44(8).

 

       (2)    Despite subsection (1), if a person applies for a certificate of qualification in a designated trade within 2 years after the date that the trade is first designated, the Director may issue a certificate of qualification in the designated trade to the person if the person

 

                (a)    meets the requirements of clauses (1)(a), (b), (d) and (e);

 

                (b)    is able to satisfy the Director that the person has received training that relates to the trade and that is acceptable to the Director; and

 

                (c)    is recommended for a certificate of qualification by 2 persons who are, in the opinion of the Director, knowledgeable in the trade and who have vouched for the person’s skill and experience.


Certificate of proficiency

30A(1)    To be eligible for a certificate of proficiency under subsection 21(1A) of the Act, a person must have worked at least 18 000 hours in a designated trade and must meet at least 1 of the following criteria:

 

                (a)    they experience cultural barriers, or barriers to literacy or education;

 

                (b)    they speak some English and need time to develop functional English language skills;

 

                (c)    they have unsuccessfully written the certification examination at least twice.

 

       (2)    A person may apply for a certificate of proficiency in a manner approved by the Director, and an application must be accompanied by the fee prescribed in subsection 44(8A).

 

       (3)    The Director may impose conditions on a certificate of proficiency to be fulfilled by the holder of the certificate to assist the holder of the certificate to prepare for the certification examination.

 

       (4)    The Department must monitor a holder of a certificate of proficiency to ensure that the holder is fulfilling the conditions of the certificate.

 

       (5)    A representative of the department must visit a holder of a certificate of proficiency at least once a year during the term of the certificate.

 

       (6)    A certificate of proficiency is valid for a term of 5 years.

 

       (7)    The Director may approve an application to renew a certificate of proficiency for a second 5-year term.


Red seal certification

31   (1)    The Director must affix an interprovincial red seal on a certificate of qualification issued to a person if the person has successfully completed the interprovincial certification examination.

 

       (2)    The Director must recognize and treat a certificate of qualification bearing a red seal issued by another province in Canada as being the equivalent of a certificate of qualification granted for that trade in the Province.


Examinations

32   (1)    An apprentice referred to in Section 29 or an applicant referred to in Section 30 who fails a certification examination is not eligible for re-examination until at least 30 days after the date of the failed certification examination.

 

       (2)    An applicant referred to in subsection (1) who fails the certification examination on a second or subsequent attempt is not permitted to be re-examined until the applicant completes technical training or practical experience acceptable to the Director.

 

       (3)    A person, on behalf of apprentices, may arrange a special examination sitting upon the payment of the fee prescribed in subsection 44(7).


Restriction on certificates

33   (1)    The Director may issue only a certificate referred to in the Act and these regulations.

 

       (2)    A special certificate issued under the general regulations pursuant to the former Act and in effect on the coming into force of these regulations continues in effect for the duration and under the terms and conditions specified in the special certificate.


Identity card

34   (1)    The Director must issue an identity card to all of the following, indicating their designated trade:

 

                (a)    an apprentice;

 

                (b)    a journeyperson who holds a certificate of qualification in a designated trade;

 

                (c)    a journeyperson whose certificate of qualification issued in another jurisdiction is recognized under Section 42;

 

                (d)    if the trade regulations require it, a journeyperson whose credentials are recognized under Section 42A and for whom confirmation of the recognition is provided in accordance with that Section.

 

       (1A) An identity card must contain a full-face photograph, in a form approved by the Director, of the person to whom the card is issued.

 

       (2)    An apprentice or a journeyperson must keep the identity card issued to them in their possession when practising the designated trade.

 

       (3)    An apprentice or a journeyperson must produce their identity card upon the request of the Director, or a person authorized by the Minister or the Director.


Term and renewal of identity card

34A(1)    An identity card for an apprentice is valid for the term of the apprenticeship.

 

       (2)    Unless the trade regulations specify a different term, an identity card for a journeyperson is valid for 1 of the following terms:

 

                (a)    for the term of the certificate of qualification to which it relates, if the designated trade to which it relates is a compulsory certified trade;

 

                (b)    indefinitely, if the designated trade to which it relates is a non-compulsory certified trade.

 

       (3)    An identity card that is valid for a term specified in the trade regulations may be renewed for the period identified in the trade regulations.

 

       (4)    If the applicable trade regulations permit an identity card to be renewed for a specified term, the Director must renew the identity card if the holder of the identity card, no later than 60 days before or after the date the identity card expires,

 

                (a)    submits an application in writing that includes an updated, full-face photograph of the person, in a form approved by the Director; and

 

                (b)    except as provided in subsection (5), pays the fee prescribed in subsection 44(14A).

 

       (5)    A fee must not be charged for renewal of an identity card if the certificate of qualification to which the identity card relates is being renewed at the same time.


Replacing identity card

34B (1)    An apprentice or a journeyperson may apply for replacement of an identity card that is lost or presumed stolen by submitting an application, in a form approved by the Director, to the Director together with the fee prescribed in subsection 44(14).

 

       (2)    Upon receiving an application and the fee required by subsection (1), the Director must issue a replacement identity card to an applicant if satisfied that the identity card originally issued to the applicant was lost or stolen.


Display of certificate of qualification

34CUnless otherwise indicated in the applicable trade regulations, a journeyperson is not required to display their certificate of qualification at their place of employment.


Suspension or cancellation of certificate of qualification

35   (1)    In addition to the reasons for suspending or cancelling a certificate of qualification in clause 21(2)(a) of the Act, the Director may suspend or cancel a certificate of qualification if the holder of the certificate of qualification has acted in a manner that is

 

                (a)    not consistent with good practice in their designated trade; or

 

                (b)    detrimental or hazardous to property or public safety.

 

       (2)    Before the Director suspends or cancels a certificate of qualification, the Director must give 15 days’ notice to the holder of the certificate of qualification of the matters alleged against the holder and give the holder an opportunity to be heard and present evidence on the holder’s behalf.

 

       (3)    When the Director suspends or cancels a certificate of qualification, the Director must give written notice to the holder of the certificate by registered prepaid post, addressed to the holder's last known address.

 

       (4)    If a certificate of qualification is suspended or cancelled, the holder of the certificate of qualification must return their certificate and identity card to the Director within 24 hours after receiving a written notice of suspension or cancellation.


Suspension or cancellation of certificate of proficiency

35AThe Director may suspend or cancel a certificate of proficiency if the holder fails to comply with the conditions of the certificate.


Term and renewal of certificate of qualification in non-compulsory trade

35B (1)    Unless otherwise indicated in the applicable trade regulations, a certificate of qualification for a designated trade that is not a compulsory certified trade is valid for an indefinite period.

 

       (2)    If the applicable trade regulations establish a term for and provide for renewal of a certificate of qualification for a designated trade that is not a compulsory certified trade,

 

                (a)    the Director may renew the certificate if, within 60 days before or after the certificate expires, the holder of the certificate

 

                         (i)     pays the fee prescribed in subsection 44(6), and

 

                         (ii)    meets any requirements of the applicable trade regulations; and

 

                (b)    the term of renewal of the certificate is

 

                         (i)     the term set out in the applicable trade regulations, or

 

                         (ii)    if there are no applicable trade regulations, 5 years.


Compulsory Certified Trades


Temporary permit for trade qualifier in compulsory certified trade

36   (1)    A temporary permit issued by the Director under Section 23 of the Act to a trade qualifier in a compulsory certified trade is valid for a period not to exceed 3 months.

 

       (2)    A trade qualifier must successfully complete the certification examination in their trade within the term of their temporary permit.

 

       (3)    If a trade qualifier is not examined during the term of their temporary permit in accordance with subsection (2), and the Director is satisfied that this is due to circumstances beyond the control of the trade qualifier, the Director may grant an extension of the permit, for a period not to exceed 3 months, to allow sufficient time for the trade qualifier to be examined.

 

       (4)    If a trade qualifier fails to successfully complete the certification examination in their trade in accordance with subsection (2) or (3) and is engaged in that trade, and if the trade qualifier’s employer recommends it, the Director may issue another temporary permit to the trade qualifier for a period not to exceed 3 months, during which time the applicant must rewrite the certification examination.


Temporary permit for person other than trade qualifier

37   (1)    If the Director is satisfied that the student, person or youth apprentice will receive direct supervision in a safe working environment, the Director may issue a temporary permit in a compulsory certified trade to any of the following persons:

 

                (a)    a student of the trade who is enrolled in a training institution or working in the trade while awaiting return to a training institution to continue training;

 

                (b)    a person in the trade who is serving a probationary period;

 

                (c)    a youth apprentice in the trade;

 

                (d)    a person who has applied for a certificate of proficiency in the trade;

 

                (e)    a person who holds a certificate of qualification from another jurisdiction in the trade or who holds documentation issued by another jurisdiction that the Director considers to be equivalent to a certificate of qualification.

 

       (2)    A permit issued under this Section is valid for a period not to exceed 3 months.

 

       (3)    An application for a temporary permit under this Section must be made by the employer or training institution official responsible for organizing the training, on behalf of a person referred to in subsection (1).


Exemption from subsections 22(2) and (3) of the Act

38   (1)    If an employee, in the course of the employee’s employment, performs a portion, but not all, of the tasks that come within the scope of a compulsory certified trade, the employee and the employer may make a joint application for an exemption from the application of subsections 22(2) and (3) of the Act.

 

       (2)    An application under subsection (1) is permitted for a compulsory certified trade only if the trade regulations for the trade allow it.

 

       (3)    An application under subsection (1) must be submitted to the Director and must specify

 

                (a)    the employer’s company name and address and the location of the employee’s work site;

 

                (b)    the employee for whom the exemption is requested;

 

                (c)    the practical and theoretical training the employee has undertaken or received in order to perform the tasks required in the course of the employee’s work within the scope of the compulsory certified trade; and

 

                (d)    the type of equipment to be used by the employee in the course of the employee’s work within the scope of the compulsory certified trade.

 

       (4)    The Director may grant an exemption from the application of subsections 22(2) and (3) of the Act to applicants under subsection (1) if the Director is satisfied that the application provides evidence to reasonably conclude that the employee can perform the tasks specified in the application in a safe and knowledgeable manner.

 

       (5)    An exemption granted under subsection (4) expires on the date specified by the Director, and is subject to any terms and conditions specified by the Director, which may include

 

                (a)    limiting the employee to performing specific tasks, or performing them at a specified work site, or both;

 

                (b)    requiring the employer to provide supervision as specified,

 

and any other term or condition that the Director reasonably requires.


Revocation of exemption from subsections 22(2) and (3) of the Act

39   An exemption granted under subsection 38(4) must be revoked

 

                (a)    if the exempted employee ceases to be employed by the exempted employer;

 

                (b)    if the equipment specified in the application is no longer used by the exempted employee or kept by the exempted employer; or

 

                (c)    if the exempted employee or the exempted employer fails to observe a term or condition imposed by the Director under subsection 38(5).


Renewal of exemption from subsections 22(2) and (3) of the Act

40   (1)    Subject to the applicable trade regulations, an employer and an employee may jointly apply to renew an exemption granted under subsection 38(4) by applying to the Director at least one month prior to the expiry date of the exemption.

 

       (2)    Subsections 38(2) to (4) apply, with the necessary changes in details, to an application for the renewal of an exemption.


Term and renewal of certificate of qualification in compulsory certified trade

41   (1)    The term of a certificate of qualification for a compulsory certified trade is

 

                (a)    the term set out in the applicable trade regulations; or

 

                (b)    if there are no applicable trade regulations, 5 years.

 

       (2)    Unless the applicable trade regulations provide that a certificate of qualification in the designated trade may not be renewed, the Director may renew a certificate of qualification for a compulsory certified trade if, within 60 days before or after the certificate expires, the holder of the certificate

 

                (a)    pays the fee prescribed in subsection 44(6); and

 

                (b)    meets any requirements of the applicable trade regulations.

 

       (3)    The term of renewal of a certificate of qualification for a compulsory certified trade is

 

                (a)    the term set out in the applicable trade regulations; or

 

                (b)    if there are no applicable trade regulations, 5 years.


Recognition of certificate of qualification from other jurisdiction

42   (1)    A person who holds a certificate of qualification for a trade issued in another jurisdiction that does not bear an interprovincial red seal may apply in writing to the Director for recognition and treatment of their certificate as being the equivalent of a certificate of qualification granted in the Province for

 

                (a)    the same trade; or

 

                (b)    the equivalent designated trade.

 

       (2)    An application for recognition of a certificate of qualification issued in another jurisdiction must be accompanied by the fee prescribed in subsection 44(10).

 

       (3)    The Director must grant an application made under subsection (1) if the Director is satisfied that the requirements for obtaining the certificate in the issuing jurisdiction are generally consistent with all of the following:

 

                (a)    the requirements for obtaining the certificate in the Province;

 

                (b)    the requirements of “Chapter 7: Labour Mobility” of the Canadian Free Trade Agreement between the Government of Canada and the governments of all the provinces of Canada effective July 1, 2017, as amended.

 

       (4)    If the Director recognizes that a certificate of qualification issued in another jurisdiction that does not bear an interprovincial red seal is the equivalent of a certificate of qualification granted for that trade or the equivalent designated trade in the Province, the Director must do all of the following:

 

                (a)    provide written confirmation of the equivalency to the applicant;

 

                (b)    include all of the following additional information on the identity card issued to the applicant under Section 34:

 

                         (i)     the name of the jurisdiction that issued the certificate of qualification,

 

                         (ii)    the date the certificate of qualification was issued,

 

                         (iii)   the certificate number of the certificate of qualification,

 

                         (iv)   an indication that the certificate of qualification is the equivalent of a certificate of qualification granted for a designated trade in the Province, and specifying that trade.


Recognition of credential issued by another authority in Province

42A(1)    If any credential, including a certificate or licence, that is issued by a regulatory authority in the Province to a person in a trade or occupation is identified in the trade regulations as being the equivalent of a certificate of qualification in the designated trade, the Director must recognize and treat the credential as the equivalent of a certificate of qualification in a designated trade.

 

       (2)    The trade regulations may require that an identity card be issued to a person whose credential is recognized under subsection (1) as the equivalent of a certificate of qualification in a designated trade.

 

       (3)    A person who possesses a credential that is identified in the trade regulations as being the equivalent of a certificate of qualification in the designated trade may apply in writing to the Director for confirmation of the Director’s recognition of their credential.

 

       (4)    In response to an application made under subsection (3), the Director must do all of the following:

 

                (a)    provide written confirmation of the equivalency to the applicant;

 

                (b)    include all of the following additional information on any identity card issued to the applicant under Section 34:

 

                         (i)     the name of the regulatory authority that issued the credential,

 

                         (ii)    the name of the credential and the date it was issued,

 

                         (iii)   an indication that the credential is the equivalent of a certificate of qualification granted for a designated trade in the Province, and specifying that trade.

 

       (5)    There is no fee for an identity card issued under this Section.


Notice and Fees


Address for notice

43   If the Act or regulations made under the Act require written notice to be provided, the notice must be sent by certified mail to, as the circumstances require,

 

                (a)    the employer at the address provided by the employer when registering an apprenticeship agreement or at the last known address; and

 

                (b)    the apprentice at the address of the apprentice as provided in clause 13(d) or at the last known address.


Fees

44   (1)       The fee for registration of an apprenticeship agreement is $128.85.

 

       (2)       [repealed]

 

       (3)       [repealed]

 

       (4)       The fee for a written examination application is $128.85.

 

       (5)       The fee for a practical examination application is $128.85.

 

       (6)       The fee for a certificate renewal application is $64.50.

 

       (7)       The fee for arranging a special examination sitting is

 

                   (a) $386.50 for up to 25 participants; and

 

                   (b) $644.15 for 26 or more participants.

 

       (8)       The fee for a trade qualification application under Section 30 is $644.15.

 

       (9)       The fee for a certificate of proficiency application under subsection 30A(2) or renewal application under subsection 30A(7) is $128.85.

 

       (10)     The fee for issuance of a certificate and identity card to a journeyperson from another jurisdiction is $64.50.

 

       (11)     The fee for a training provider accreditation application is $1288.30.

 

       (12)     The fee for approval of a program provided by a training provider is $644.15.

 

       (13)     The fee for a certificate replacement application is $32.30.

 

       (14)     The fee for an application to replace an identity card is $12.95.

 

       (14A)  The fee for an application to renew an identity card is $12.95.

 

       (15)     The fee for a transcript is $12.95.

 

       (16)     The fee for an additional invigilator is $257.65.


Administrative Penalties


Definitions for this Section and Sections 46 to 54

45   In this Section and Sections 46 to 54,

 

“1st notice” means the 1st notice of administrative penalty issued to a person or the 1st one issued 3 or more years after the date of the last notice of administrative penalty issued to the person;

 

“2nd notice” means a 2nd notice of administrative penalty issued to a person, that is issued

 

                         (i)     no later than 3 years after the date of the 1st notice issued to the person, and

 

                         (ii)    for a contravention that occurred or began after the contravention associated with the 1st notice issued to the person, whether in relation to the same or a different provision of the Act, these regulations or the trade regulations;

 

“3rd or subsequent notice” means the 3rd or subsequent notice that is issued to a person

 

                         (i)     no later than 3 years after the date of the 1st notice issued to the person, and

 

                         (ii)    for a contravention that occurred or began after the contravention associated with the last issued notice of administrative penalty, whether in relation to the same or a different provision of the Act, these regulations or the trade regulations;

 

“administrative penalty” means a penalty that is required to be paid by a person who has failed to comply with a compliance order;

 

“compliance order” means a compliance order issued under Section 16B of the Act;

 

“contravention” means a contravention of a provision of the Act, these regulations or the trade regulations for which a compliance order was issued;

 

“notice of administrative penalty” means a notice issued or reissued by the Chief Executive Officer or Director under subsection 16G(3) of the Act;

 

“original notice” means a 1st notice, 2nd notice or 3rd or subsequent notice, but does not include a notice of administrative penalty that has been reissued;

 

“reissued”, in relation to a notice of administrative penalty, means a notice that has been reissued under Section 50.


Form for notice of administrative penalty

46   A notice of administrative penalty must be in Form “A”—Notice of Administrative Penalty.


Period for issuing administrative penalty

47   A notice of administrative penalty may be issued only within the 30 days immediately after the date a person fails to comply with a compliance order.


Additional content for notice of administrative penalty

48   In addition to the information required by subsection 16G(5) of the Act, a notice of administrative penalty must include all of the following information:

 

                (a)    the mailing address of the person to whom it is issued or reissued;

 

                (b)    whether the person is an employee, employer or a recognized association;

 

                (c)    whether the notice of administrative penalty is a 1st notice, 2nd notice or 3rd or subsequent notice;

 

                (d)    whether the notice of administrative penalty is an original notice or a reissued notice of administrative penalty and the date the notice of administrative penalty is issued or reissued;

 

                (e)    the provision of the Act, these regulations or the trade regulations that was contravened and the date of the contravention;

 

                (f)    the date the compliance order that the notice of administrative penalty is based on was issued;

 

                (g)    the reason for issuing or reissuing the notice of administrative penalty;

 

                (h)    the identifying number assigned to the compliance order on which the notice of administrative penalty is based;

 

                (i)     for a notice of administrative penalty that is being reissued,

 

                         (i)     the number of additional days of the contravention,

 

                         (ii)    the dates of the additional days of contravention, and

 

                         (iii)   the amount of the reissued administrative penalty;

 

                (j)     the name and title of the person issuing or reissuing the notice of administrative penalty;

 

                (k)    the date the notice of administrative penalty is issued or reissued.


Amount of administrative penalty

49   The amount of the administrative penalty to be imposed for the 1st day that a notice of administrative penalty is issued is as set out in the following table:


Person issued notice

Amount of administrative penalty

1st notice

2nd notice

3rd or subsequent notice

Employee

$500

$1000

$2000

Employer or recognized association

$1000

$2000

$5000


Reissuing notice of administrative penalty

50   (1)    The Chief Executive Officer or Director may reissue a notice of administrative penalty if all of the following apply:

 

                (a)    the date for payment under the original notice has passed and payment has not been received by the Agency;

 

                (b)    the Chief Executive Officer or Director believes there has been a further or ongoing contravention of the same provision of the Act, these regulations or the trade regulations for which the notice of administrative penalty was issued;

 

                (c)    the contravention referred to in clause (b) occurred

 

                         (i)     on 1 or more days since the date the original notice was issued, and

 

                         (ii)    no later than 60 days after the date the original notice was issued.

 

       (2)    A notice of administrative penalty that is reissued may increase the administrative penalty required to be paid by the original notice by multiplying the applicable amount specified in Section 49 by the number of additional days the contravention occurred after the date the original notice required the administrative penalty to be paid, up to the maximum amount permitted by subsection 16G(4) of the Act.

 

       (3)    If a notice of administrative penalty is reissued, the original notice of administrative penalty that was last issued in relation to the same contravention is not required to be paid.


Restriction on issuing 2nd notice or 3rd or subsequent notice

51   A 2nd notice or a 3rd or subsequent notice may not be issued to a person in any circumstance in which a notice of administrative penalty may be reissued to the person under subsection 50(1).


Three-year period for issuing notice of administrative penalty

52   If at least 3 years have passed since a notice of administrative penalty was last issued to a person, the next one issued to the person is a 1st notice.


Administrative penalty does not relieve person from duty to comply

53   Neither the issuing of a notice of administrative penalty to a person nor the payment of that penalty relieves the person from their duty to comply with the compliance order that the notice of administrative penalty is based on.


Form of notice of appeal

54   A notice of appeal from an administrative penalty filed with the Utility and Review Board under Section 24B of the Act must be in a form approved by the Utility and Review Board.

 ________________________________________________________________ 

Form “A”—Notice of Administrative Penalty

(s. 16G(3) of the Apprenticeship and Trades Qualifications Act)



Issued to:


Mailing address:

File #:

[  ]

Employee

[  ]

1st notice

[  ]

original notice of administrative penalty

[  ]

Employer

[  ]

2nd notice

[  ]

reissued notice of administrative penalty

[  ]

Recognized agent

[  ]

3rd or subsequent notice


If reissued, the number of additional days and dates of the further or ongoing contravention:



Amount of administrative penalty:

Amount of reissued administrative penalty:

Title of designated trade:


Date of compliance order:


Identifying number for compliance order:

Provisions contravened and date(s) of contraventions:

 

Apprenticeship and Trades Qualifications Act (ATQA)

 

Date(s):____________________________

 

ATQA General Regulations

 

Date(s):____________________________

 

Trade Regulations

 

Date(s):____________________________

Reason for issuing/reissuing this notice of administrative penalty:

Administrative penalty must be paid within 30 days.

Unless you appeal, you must pay the administrative penalty indicated above within 30 days after being served with this notice.

Payment must be mailed or delivered to:

 

Nova Scotia Apprenticeship Agency

PO Box 578

Halifax NS B3J 2S9

(902) 424-5651; TF (NS) 1-800-494-5651

Make your payment payable to the “Nova Scotia Apprenticeship Agency” and include a copy of this notice. Do not send cash through the mail.

Appealing an Administrative Penalty:

You may appeal this administrative penalty to the Nova Scotia Utility and Review Board. You must send your appeal to the Nova Scotia Utility and Review Board within 14 days after you are served with this notice. If you file an appeal within that time you do not have to pay this penalty until the Nova Scotia Utility and Review Board decides the matter. (Section 24B of Act)


The address and phone numbers for the Nova Scotia Utility and Review Board are:

 

Nova Scotia Utility and Review Board

Box 1692, Unit “M ”

Halifax NS B3J 3S3

(902) 424-424-4448; TF (NS) 1-855-442-4448

Notice issued by (name):

Title:

Date:


 

 

 


 

Legislative History
Reference Tables

Apprenticeship and Trades Qualifications Act General Regulations

N.S. Reg. 129/2003

Apprenticeship and Trades Qualifications Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Apprenticeship and Trades Qualifications Act General Regulations made under the Apprenticeship and Trades Qualifications Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

129/2003

Jul 1, 2003

date specified

Jul 11, 2003

46/2004

Apr 1, 2004

date specified

Apr 6, 2004

160/2004

May 21, 2004

date specified

Jun 11, 2004

80/2007

Apr 1, 2007

date specified

Mar 30, 2007

135/2008

Apr 1, 2008

date specified

Apr 18, 2008

295/2008

Jun 3, 2008

date specified

Jun 20, 2008

50/2011

Apr 1, 2011

date specified

Apr 15, 2011

76/2013

Apr 1, 2013

date specified

Apr 12, 2013

8/2014

Jan 21, 2014

date specified

Feb 7, 2014

74/2015

Apr 1, 2015

date specified

Apr 8, 2015

184/2016

Apr 1, 2017

date specified

Oct 14, 2016

139/2017

Sep 1, 2017

date specified

Oct 13, 2017

198/2019

Dec 3, 2019

date specified

Dec 20, 2019

127/2022

Jul 5, 2022

date specified

Jul 15, 2022

189/2023

Oct 19, 2023

date specified

Nov 3, 2023

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2, clause letters removed..................

am. 184/2016

2, defn. of “department”..............

am. 184/2016

2, defn. of “extra-provincial apprentice”...............................

ad. 184/2016

2, defn. of “extra-provincial apprenticeship agreement”.......

ad. 184/2016

2, defn. of “ interprovincial red seal”..................................................

am. 184/2016

2, defn. of “ occupational analysis”..................................................

am. 184/2016

3........................................................

rs. 127/2022

. 3(b)(i).............................................

am. 184/2016

4 ........................................................

rs. 160/2004

6A.....................................................

ad. 198/2019

9 ........................................................

rs. 184/2016

12(2).................................................

rs. 160/2004

13(c).................................................

am. 139/2017

15(b).................................................

am. 184/2016

23(1).................................................

rs. 8/2014; am. 127/2022, 189/2023

23(2A)..............................................

ad. 189/2023

23(4).................................................

ad. 127/2022

23A...................................................

ad. 184/2016

24(2)(b).............................................

am. 198/2019

25(1).................................................

rs. 184/2016

25(1A)..............................................

ad. 184/2016

25(1B)...............................................

ad. 184/2016

25(4).................................................

am. 184/2016

25A...................................................

ad. 184/2016

26(1A)..............................................

ad. 184/2016

26(2)(a).............................................

rs. 184/2016

26(2)(c).............................................

rep. 184/2016

26(2)(d).............................................

am. 139/2017

26(5).................................................

rep. 139/2017

27(1).................................................

rs. 184/2016

27(4).................................................

rs. 184/2016

28(1).................................................

rs. 160/2004

29(1).................................................

am. 184/2016

30(1).................................................

am. 160/2004

30(1)(a)........................................

rs. 160/ 2004

30(1)(c)........................................

am. 160/2004

30(2).................................................

ad. 160/2004

30A...................................................

ad. 295/2008

30A(1).........................................

am. 184/2016

31(2).................................................

am. 198/2019

32(1).................................................

am. 184/2016

34(1).................................................

rs. 184/2016, 198/2019

34(1A)..............................................

ad. 184/2016

34(2) to (3).......................................

am. 184/2016

34A...................................................

ad. 184/2016; ra. as 34C 198/2019

34A...................................................

ad. 198/2019

34B...................................................

ad. 198/2019

34C...................................................

ra. from 34A 198/2019

35A...................................................

ad. 295/2008

35B...................................................

ad. 184/2016

37(1).................................................

am. 160/2004, rs. 295/2008

37(1)(b).......................................

rs. 160/2004, 295/2008

41......................................................

rs. 184/2016

42......................................................

rs. 198/2019

42A...................................................

ad. 198/2019

44......................................................

fc. 46/2004, 80/2007, 135/2008, 50/2011, 76/2013; rs. 74/2015

44(2)............................................

rep. 139/2017

44(3)............................................

rep. 139/2017

44(8A).........................................

ad. 295/2008

44(14)..........................................

rs. 198/2019

44(14A).......................................

ad. 198/2019

45 to 54.............................................

ad. 198/2019

Form A.............................................

ad. 198/2019

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Department of Labour and Advanced Education in Section 2 should be read as a reference to the Department of Labour, Skills and Immigration in accordance with O.I.C. 2021-208 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.