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