BILL NO. 45

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Apprenticeship and Trades Qualifications
System Reform (2014) Act



The Honourable Kelly Regan
Minister of Labour and Advanced Education



First Reading: April 10, 2014

(Explanatory Notes)

Second Reading: April 22, 2014

Third Reading: April 29, 2014 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2

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

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

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

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

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

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

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

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

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

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

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

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

Clause 9

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

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

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

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

Clause 11 allows the Director to

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

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

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

Clause 13

(a) substitutes "Director" for "administrator of the Board";

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

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

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

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

Clause 14

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

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

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

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

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

Clause 18

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

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

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

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

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

Clause 20

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

(b) corrects a cross-reference.

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

Clause 22 requires the Board to

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

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

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

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

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

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

Clause 24

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

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

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

Clause 25 replaces references to the "Labour Relations Board" with "Labour Board" and updates the name of the Minister's department.

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

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

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An Act to Amend Chapter 1 of the Acts of 2003,
the Apprenticeship and Trades Qualifications Act,
and Chapter 4 of the Acts of 1995-96,
the Community Colleges Act,
to Facilitate the Reform of the Apprenticeship
and Trades Qualifications System

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Apprenticeship and Trades Qualifications System Reform (2014) Act.

APPRENTICESHIP AND TRADES QUALIFICATIONS ACT

2 Section 2 of Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, as amended by Chapter 23 of the Acts of 2006, is further amended by

(a) striking out clause (a) and substituting the following clauses:

(b) striking out clauses (c) and (d) and substituting the following clauses:

(c) striking out "and technical training" in the last line of clause (e) and substituting ", technical training and any pre-employment apprenticeship training, or training or experience in a designated trade pursuant to subsection 18(5)".

(d) adding immediately after clause (e) the following clause:

(e) striking out "appointed pursuant to this Act" in the first and second lines of clause (f) and substituting "established under the operating charter";

(f) adding immediately after clause (g) the following clause:

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

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

(i) adding ", or branch of a trade," immediately after "trade" the second time it appears in clause (j);

(j) adding ", and may include a representative of a recognized association" immediately after "trade" in the last line of subclause (l)(ii);

(k) adding ", but, for greater certainty, does not include a recognized association other than one that employs an apprentice" immediately after "apprentice" in the last line of clause (m);

(l) adding ", but does not include a representative of a recognized association" immediately after "business" in the last line of subclause (n)(i);

(m) adding immediately after clause (n) the following clauses:

(n) striking out clause (p) and substituting the following clause:

(o) adding immediately after clause (q) the following clause:

and

(p) striking out clause (v) and substituting the following clauses:

3 Section 3 of Chapter 1 is repealed and the following Section substituted:

4 Section 4 of Chapter 1 is repealed and the following Section substituted:

5 Sections 5 to 14 of Chapter 1 are repealed and the following Sections substituted:

6 Section 16 of Chapter 1 is amended by

(a) striking out the first three lines and substituting "For the purpose of ensuring compliance with this Act, the regulations and the trade regulations, the Director, or any authorized person, may, during regular working hours,";

(b) striking out the period at the end of clause (c) and substituting a semi-colon; and

(c) adding immediately after clause (c) the following clauses:

7 Chapter 1 is further amended by adding immediately after Section 16 the following Section:

8 Section 17 of Chapter 1 is repealed and the following Section substituted:

9 (1) Subsection 18(5) of Chapter 1 is amended by

(a) striking out "and" in the last line and substituting "or"; and

(b) adding ", including previous apprenticeship training and training or experience acquired in another province of Canada" immediately after "trade" in the last line.

(2) Subsection 18(9) of Chapter 1 is amended by

(a) adding "or a recognized association" immediately after "employer" in the first and in the second lines; and

(b) adding "other employer or recognized association and the" immediately after "the" in the last line.

(3) Section 18 of Chapter 1 is further amended by adding immediately after subsection (9) the following subsection:

10 (1) Subsection 19(3) of Chapter 1 is amended by adding ", subject to the regulations" immediately after "Act" in the last line.

(2) Subsection 19(4) of Chapter 1 is amended by

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

(b) adding "and other regulations" immediately after "regulations" in the third line.

11 Subsection 21(1A) of Chapter 1 is repealed and the following subsections substituted:

12 Subsection 22(1) of Chapter 1 is amended by adding immediately after clause (c) the following clause:

13 (1) Clause 24(1)(g) of Chapter 1 is amended by adding "as being appealable" immediately after "regulations".

(2) Subsection 24(2) of Chapter 1 is amended by striking out "administrator of the Board" in the second line and substituting "Director".

(3) Section 24 of Chapter 1 is further amended by adding immediately after subsection (2) the following subsection:

(4) Subsection 24(3) of Chapter 1 is amended by

(a) striking out "thirty" in the second line and substituting "sixty"; and

(b) striking out "board" in the third line and substituting "panel".

(5) Subsection 24(5) of Chapter 1 is amended by

(a) striking out "The" in the first line and substituting "Subject to the regulations, the"; and

(b) striking out "board" in the last line and substituting "panel".

(6) Subsection 24(6) of Chapter 1 is amended by

(a) striking out "board" in the first line and substituting "panel";

(b) adding "subject to subsections (6A) and (6B)," immediately before "refer" in the first line of clause (b); and

(c) striking out "board's" in the second line of clause (b) and substituting "panel's".

(7) Section 24 of Chapter 1 is further amended by adding immediately after subsection (6) the following subsections:

(8) Subsection 24(7) of Chapter 1 is amended by striking out "board" in the first line and substituting "panel".

(9) Subsection 24(8) of Chapter 1 is amended by striking out "board" in the first line and substituting "panel".

14 Section 26 of Chapter 1 is amended by

(a) adding immediately after clause (a) the following clause:

(b) adding "and" immediately after the semicolon at the end of clause (b);

(c) striking out clauses (c) and (d);

(d) striking out the semicolon at the end of clause (e) and substituting a period; and

(e) striking out clause (f).

15 Subsection 29(1) of Chapter 1, as amended by Chapter 23 of the Acts of 2006, is further amended by

(a) striking out clauses (a) to (ba) and substituting the following clauses:

(b) adding ", and the requirements for, or limitations on, recognized associations that assume the responsibilities of the employer pursuant to subsection 19(3)" immediately after "employer" in the second line of clause (d);

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

(d) adding ", including the information the Director may seek from a person who wishes to obtain a certificate of qualification" immediately after "trade" in the second line of clause (h);

(e) adding "and other persons who do not hold a certificate of apprenticeship in a designated trade" immediately after "apprentices" in the first line of clause (i);

(f) adding "and the information the Director may seek from the parties to a proposed apprenticeship agreement" immediately after "agreement" in the second line of clause (q);

(g) adding "and certificates of equivalency" immediately after "qualification" in the second line of clause (u);

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

(i) adding "and certificates of equivalency" immediately after "qualification" in the second line of clause (v);

(j) adding immediately after clause (w) the following clause:

(k) striking out "fees and requiring the payment of fees" in the first and second lines of clause (x) and substituting "fees and requiring the payment and waiving the payment of fees";

(l) striking out "board" in the second line of clause (z) and substituting "panel";

(m) adding immediately after clause (z) the following clause:

(n) striking out "the" in the second line of clause (aa) and substituting "this";

(o) striking out clause (ab) and substituting the following clauses:

(p) striking out "qualifications" in the first and second lines of clause (ad) and substituting "qualification and certificates of equivalency"; and

(q) striking out clause (ai) and substituting the following clause:

COMMUNITY COLLEGES ACT

16 Section 50 of Chapter 4 of the Acts of 1995-96, the Community Colleges Act, is amended by

(a) relettering clause (a) as clause (aa) and adding immediately before that clause the following clause:

and

(b) striking out "Education and Culture" in the first and second lines of clause (f) and substituting "Labour and Advanced Education".

17 Section 52 of Chapter 4 is amended by

(a) adding "(1)" immediately after the Section number;

(b) adding ", the Agency" immediately after "corporations" in the second line of clause (b);

(c) striking out "and educational bodies" in the last line of clause (c) and substituting ", educational bodies and the Agency"; and

(d) adding the following subsection:

18 Subsection 54(3) of Chapter 4 is repealed and the following subsections substituted:

19 Section 55 of Chapter 4 is amended by adding ", including the Agency with respect to trades and related matters within its mandate," immediately after "persons" in the second line.

20 (1) Subsection 56(3) of Chapter 4 is amended by

(a) striking out "the desirability of achieving on the Board an equitable representation of the diversity of educational and community interests served by the programs and services of the College"; and

(b) adding the following clauses:

(2) Subsection 56(6) of Chapter 4 is amended by striking out "(4)" in the second line and substituting "(5)".

21 Chapter 4 is further amended by adding immediately after Section 60 the following Section:

22 Subsection 63(1) of Chapter 4 is amended by

(a) adding immediately after clause (d) the following clauses:

(b) adding immediately after clause (e) the following clauses:

(c) adding "subject to subsection 67(1B)," immediately before "establish" in the first line of clause (p);

(d) striking out "and" at the end of clause (t); and

(e) adding immediately after clause (t) the following clause:

23 Clause 64(i) of Chapter 4 is amended by adding ", including the Agency," immediately after "person" in the second line.

24 (1) Subsection 67(1) of Chapter 4 is amended by adding "and, subject to the regulations, by the Minister" immediately after "Board" in the last line.

(2) Section 67 of Chapter 4 is further amended by adding immediately after subsection (1) the following subsections:

25 (1) Subsection 89(2) of Chapter 4 is amended by

(a) striking out "Relations" in the first line of clause (b);

(b) striking out "Relations" in the third line of clause (c).

(2) Subsection 89(3) of Chapter 4 is amended by striking out "Relations" in the first line.

(3) Subsection 89(6) of Chapter 4 is amended by

(a) adding "and Advanced Education" immediately after "Labour" in the second line; and

(b) striking out "Relations" in the second and in the sixth lines.

(4) Subsection 89(7) of Chapter 4 is amended by striking out "Relations" in the second line.

26 Subsection 97(1) of Chapter 4 is amended by relettering clause (a) as clause (ae) and adding immediately before that clause the following clauses:

EFFECTIVE DATE

27 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created May 2, 2014. Send comments to legc.office@gov.ns.ca.