Bill 43 - Apprenticeship and Occupational Certification Act

BILL 43

Apprenticeship and Occupational Certification Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

DEFINITIONS, INTERPRETATION AND APPLICATION

Definitions and interpretation

1(1) The following definitions apply in this Act.

“apprentice” means a person who enters into an apprenticeship agreement with an employer. (apprenti)

“Board” means the Apprenticeship and Occupational Certification Board continued under subsection 3(1). (Commission)

“chair” means the chair of the Board appointed under subsection 4(3). (président)

“challenger” means a person who takes a certification examination without having participated in an apprenticeship program. (aspirant)

“compulsory occupation” means an occupation that is prescribed by regulation to be a compulsory occupation. (profession obligatoire)

“Department” means the Department of Post-Secondary Education, Training and Labour. (ministère)

“designated occupation” means an occupation that is prescribed by an order made under paragraph 13(1)(a) to be a designated occupation. (profession désignée)

“Director” means the Director of Apprenticeship and Occupational Certification appointed under subsection 22(1) and includes any person whom the Director has authorized to exercise any power or perform any duty of the Director. (directeur)

“improver” means a person training in a compulsory occupation to improve his or her capacity in any area of the occupation or in preparation for certification under this Act. (perfectionnant)

“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“pre-apprentice” means a person who is a full-time or part-time student registered in an approved program of study from which the person is to receive training and instruction before being registered under this Act as an apprentice in a designated occupation or a compulsory occupation. (préapprenti)

“standing committee” means the standing committee established under subsection 19(1). (comité permanent)

1(2) In this Act, a party who enters into an apprenticeship agreement with an apprentice shall be deemed to be the employer for the purposes of that agreement despite that the party is not in an employment relationship with the apprentice.

Application

2 This Act applies to all designated occupations and compulsory occupations.

APPRENTICESHIP AND OCCUPATIONAL CERTIFICATION BOARD

Board continued

3(1) The Apprenticeship and Occupational Certification Board established under the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, is continued.

3(2) A member of the Apprenticeship and Occupational Certification Board who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.

Board membership

4(1) The Board shall consist of 16 to 18 members composed of the following persons:

(a) representatives of employers;

(b) representatives of employees;

(d) a representative of the government;

(e) members of the standing committee;

(f) the Director; and

(g) the chair.

4(2) The Lieutenant-Governor in Council shall appoint to the Board

(a) a minimum of four persons and a maximum of five persons for the purpose of paragraph (1)(a), and

(b) a minimum of four persons and a maximum of five persons for the purpose of paragraph (1)(b).

4(3) The Lieutenant-Governor in Council shall appoint to the Board a chair

(a) who is a member appointed under subsection (2), or

(b) who is eligible to be appointed as a member under subsection (2).

4(4) The Minister shall

(a) appoint to the Board three persons for the purpose of paragraph (1)(c), and

(b) designate one person for the purpose of paragraph (1)(d).

4(5) The voting members of the standing committee shall designate from among themselves two members for the purpose of paragraph (1)(e).

4(6) The Board shall consist of an equal number of members appointed under paragraph (2)(a) and paragraph (2)(b).

4(7) The members of the Board appointed under paragraphs (2)(a) and (b) shall select a vice-chair of the Board from among themselves.

4(8) The vice-chair shall act in the place of the chair when the chair is unable or unwilling to act for any reason.

4(9) The Director shall serve as secretary of the Board.

Meetings, quorum and voting rights

5(1) The following members of the Board constitute a quorum:

(a) a majority of the persons appointed under paragraph 4(2)(a);

(b) a majority of the persons appointed under paragraph 4(2)(b); and

5(2) The Board shall meet at least three times in each 12-month period ending March 31.

5(3) Subject to subsection (5), only a member of the Board appointed under paragraph 4(2)(a) or (b) is a voting member.

5(4) All matters for decision by the Board shall be decided by majority vote of the voting members.

5(5) In the event of a tie on any matter for decision by the Board, the chair shall cast the deciding vote.

Term of office, vacancies and revocation of appointments

6(1) A member of the Board appointed under paragraph 4(2)(a) or (b) shall be appointed for a term of up to three years and, subject to subsection (2), is eligible for reappointment.

6(2) A member of the Board appointed under paragraph 4(2)(a) or (b) who has served two consecutive terms shall not be reappointed until one year after the expiry of that member’s last term of office.

6(3) A member of the Board appointed under paragraph 4(4)(a) shall be appointed for a term of up to five years and is eligible for reappointment.

6(4) A member of the Board designated under subsection 4(5) shall serve for a term that corresponds with that person’s term of office as a member of the standing committee.

6(5) The chair shall be appointed for a term of up to three years and is eligible for reappointment.

6(6) The Lieutenant-Governor in Council may revoke the appointment of a member of the Board for cause.

6(7) A vacancy on the Board does not impair the capacity of the Board to act.

6(8) If a vacancy occurs during the term of a member of the Board, a person shall be appointed

(a) to serve the remainder of that member’s term, or

(b) for a new term of office.

6(9) An appointment under subsection (8) shall be made in accordance with the requirements of section 4.

6(10) The term of an appointment made under paragraph (8)(a) shall not be considered a term for the purpose of subsection (2).

Remuneration and reimbursement

7(1) The Lieutenant-Governor in Council shall fix the remuneration of a member of the Board who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

7(2) A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the Board in accordance with the Board of Management travel policy guidelines, as amended.

Powers and duties

8(1) The Board shall ensure

(a) that apprenticeship and occupational certification programs provide participants with practical and theoretical training and assessments that culminate in recognized certification in accordance with provincial and national standards,

(b) the Province’s continued participation in and support of the Interprovincial Standards Red Seal Program, and

(c) that apprenticeship and occupational certification programs are accessible, relevant and responsive to the needs of the population of the Province through collaboration with industry, training providers and the government.

8(2) The Board may

(a) establish mechanisms to monitor the quality and outcomes of apprenticeship and occupational certification programs,

(b) establish standards and requirements for apprenticeship and occupational certification programs,

(c) foster communication with stakeholders in apprenticeship and occupational certification programs and may assist in promoting those programs and their benefits throughout the Province,

(d) issue to persons who meet the requirements of this Act and the orders made under this Act,

(i) diplomas of apprenticeship,

(ii) certificates of qualification,

(iii) certificates of qualification without written examination, and

(iv) credentials or endorsements.

By-laws

9(1) Subject to this Act, the Board may make by-laws respecting its internal organization and the conduct of its business.

9(2) Without restricting the generality of subsection (1), the Board may make by-laws establishing committees of the Board.

9(3) A by-law made under subsection (1) or (2) is ineffective until it has been approved by the Minister.

9(4) The Regulations Act does not apply to a by-law made under subsection (1) or (2).

Immunity

10 No action or other proceeding lies or shall be instituted against a member of the Board in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, by the person while acting under the authority of this Act.

Indemnity

11 Every member or former member of the Board, and his or her heirs or legal representatives, shall be indemnified against all costs, charges and expenses incurred by him or her in relation to any action or other proceeding brought or prosecuted against him or her in connection with the duties of the person as a member of the Board and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.

Lieutenant-Governor in Council may exercise the powers and perform the duties of the Board

12(1) The Lieutenant-Governor in Council may revoke the appointments of all the appointed members of the Board if, in the Lieutenant-Governor’s opinion,

(a) the Board adopts a practice or tolerates a situation that is incompatible with the mandate of the Board or with this Act, or

(b) significant operational problems exist with respect to the Board.

12(2) If the Lieutenant-Governor in Council makes the revocations under subsection (1), the Lieutenant-Governor in Council may exercise all the powers of the Board under this Act and shall perform the duties of the Board until new members of the Board are appointed in accordance with section 4.

BOARD ORDERS

Orders - general

13(1) Subject to this Act, the Board may make orders

(a) prescribing designated occupations,

(b) prescribing the tasks, activities and functions of a designated occupation,

(i) the prerequisites for registration as

(A) an apprentice,

(B) a pre-apprentice, and

(ii) the hours of on-the-job training and work experience required for an apprentice,

(iii) the regular work hours of an apprentice,

(iv) the requirements to be met to obtain

(A) a certificate of qualification, and

(B) a diploma of apprenticeship,

(d) prescribing, with respect to a certificate of qualification without written examination for a designated occupation or a compulsory occupation,

(i) requirements to be met to obtain the certificate, and

(ii) terms and conditions that may be imposed on the certificate, and

(e) respecting apprenticeship agreements, including

(i) the terms and conditions of an agreement,

(ii) the obligations of an employer who is a party to an agreement, and

(iii) the obligations of an apprentice who is a party to an agreement.

13(2) The Board may make an order establishing a credential or an endorsement other than those listed in clause (1)(c)(iv)(A) or (B), including requirements for eligibility for and the issuance of the credential or endorsement.

13(3) The Board may only make an order prescribing an occupation as a designated occupation under paragraph (1)(a) if, in the Board’s opinion, the occupation is appropriate for the issuing of a diploma of apprenticeship, a certificate of qualification, or both a diploma of apprenticeship and a certificate of qualification.

13(4) An order made under clause (1)(c)(iv)(A) or (B) may establish classes of persons for the purpose of the requirements prescribed and may prescribe different requirements for different classes of persons.

Orders - exemptions

14(1) Subject to this Act and to the approval of the Minister, the Board may make an order exempting, in whole or in part, a person or class of persons from the application of one or more of the tasks, activities or functions of a compulsory occupation prescribed by regulation.

14(2) An order made under subsection (1) may be general or particular in its application.

14(3) An order made under subsection (1)

(a) may be limited in its duration, and

(b) may include terms and conditions to which any exemption is subject.

Non-application of Regulations Act

15 The Regulations Act does not apply to an order made by the Board under section 13 or 14.

Publication - orders

16 The Board shall, as soon as practicable after an order is made under section 13 or 14,

(a) publish the order on the Department website, and

(b) publish in The Royal Gazette a notice of the order

(i) in the form prescribed by regulation, and

(ii) for the period prescribed by regulation.

Effect of orders

17(1) If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and an order made by the Board under section 13, the regulation prevails but in all other respects an order has the same force and effect as a regulation.

17(2) An order comes into force on the day it is published under paragraph 16(a), or on a later date if specified in the order.

17(3) If a notice of an order has been published in The Royal Gazette as required under paragraph 16(b), any person affected by the order shall be deemed to have notice of it on the date the order comes into force in accordance with subsection (2).

Evidence

18(1) A copy of The Royal Gazette containing notice of an order made under section 13 or 14 is evidence, in the absence of evidence to the contrary, of the making and publication of the order and that the order was in force and effect at any material time.

18(2) A certified copy of an order made under section 13 or 14 may be adduced in evidence before any court, judge or board and when so adduced, is, in the absence of evidence to the contrary, proof of the contents of the order, without the proof of the appointment, authority or signature of the person purporting to have signed the order or the certified copy of the order.

STANDING COMMITTEE

Standing committee established

19(1) There is established a standing committee that shall

(a) provide advice to the Minister on how to best ensure the equality of the French linguistic community within the areas of responsibility of the Minister and the Director,

(b) provide advice to the Board on how to best ensure the equality of the French linguistic community within the areas of responsibility of the Board, and

19(2) The annual report of the Minister shall contain a summary of the advice provided to the Minister and the Board by the standing committee in the year in question and a summary of any action taken as a result of the advice.

Standing committee membership

20(1) The standing committee shall consist of eight members composed of the following persons:

(a) five persons, appointed by the Lieutenant-Governor in Council, who shall be voting members;

(b) a chair, appointed by the Lieutenant-Governor in Council, who shall be a voting member; and

20(2) Subject to the approval of the Minister, the voting members of the Board shall designate from among themselves

(a) one member of the Board appointed under paragraph 4(2)(a), and

(b) one member of the Board appointed under paragraph 4(2)(b).

20(3) For the purpose of paragraphs (1)(a) and (b), the Lieutenant-Governor in Council shall appoint persons who represent the French linguistic community and who have the competencies determined by the Minister as necessary to ensure the appropriate skills for the standing committee.

20(4) A person referred to in paragraph (1)(a) or (b) shall be appointed for a term of three years.

20(5) A person referred to in paragraph (1)(c) shall serve for a term that corresponds with that person’s term of office as a member of the Board.

20(6) The voting members of the standing committee shall select a vice-chair from among themselves.

20(7) A vacancy on the standing committee does not impair the capacity of the committee to act.

Remuneration and reimbursement

21(1) The Lieutenant-Governor in Council shall fix the remuneration of a member of the standing committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

21(2) A member of the standing committee is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the committee in accordance with the Board of Management travel policy guidelines, as amended.

DIRECTOR OF APPRENTICESHIP AND OCCUPATIONAL CERTIFICATION

Appointment and delegation

22(1) The Minister shall appoint a Director of Apprenticeship and Occupational Certification for the purposes of this Act.

22(2) The Director may authorize a person to exercise any power or perform any duty of the Director under this Act.

22(3) Subject to subsection (4), the Board may authorize the Director to exercise a power or perform a duty of the Board under this Act.

22(4) The Board shall not authorize the Director to

(a) make an order under section 13 or 14, or

(b) hear an appeal under section 30.

Powers and duties

23(1) In this section, “participant” means a participant in an apprenticeship and occupational certification program and includes any of the following persons: (participant)

(a) apprentices;

(b) pre-apprentices;

(d) challengers.

23(2) The Director is charged with the general management of apprenticeship and occupational certification programs and shall facilitate the delivery of training to participants in accordance with the standards and requirements established by the Board.

23(3) Without restricting the generality of subsection (2), the Director may

(a) register participants,

(b) cancel the registration of a participant,

(d) approve curricula for training programs,

(e) provide for training of participants,

(f) monitor the progress of participants,

(g) approve and administer examinations and other assessment tools,

(h) appoint examiners,

(i) maintain participant records,

(j) approve and monitor employers of participants,

(k) approve and monitor organizations responsible for training participants, and

(l) approve and monitor facilities being used for the training of participants.

23(4) In addition to any requirements established in an order made under section 13, the Director may require a person applying to be registered as an apprentice to provide

(a) proof that he or she has successfully completed any course, test, examination or training that the Director considers necessary, and

(b) any additional information that the Director considers necessary to ensure the person is qualified to be registered.

Credit for on-the-job training, technical training or work experience

24(1) A person who has received on-the-job training or related technical training or gained work experience in a designated or compulsory occupation or in a related occupation may apply to the Director to have that training or experience credited towards the plan of apprenticeship for the designated or compulsory occupation.

24(2) In determining whether to grant credits under subsection (1), the Director shall consider

(a) the nature, quality and duration of

(i) the on-the-job training received and work experience gained in the designated occupation, compulsory occupation or related occupation, and

(ii) the related technical training completed and examinations passed,

(b) the standard achieved by the applicant in the technical training or on an examination referred to in subparagraph (a)(ii), and

24(3) A person who has received on-the-job training or related technical training or gained work experience in a designated or compulsory occupation or in a related occupation may apply to the Director to have that training or experience credited towards the requirements for taking a certification examination.

24(4) The Director may credit time spent by an apprentice attending technical training set out in a plan of apprenticeship for a designated occupation or a compulsory occupation toward the hours of on-the-job training and work experience required for the occupation.

Canceling apprenticeship agreements

25 The Director may cancel an apprenticeship agreement if, in the Director’s opinion, the apprentice

(a) is not making satisfactory progress towards the completion of the plan of apprenticeship,

(b) is no longer pursuing the training for which the apprenticeship agreement is registered, or

Transferring apprenticeship agreements

26 An apprenticeship agreement may, with the approval of the Director, be transferred from an employer to another employer.

Canceling occupational certificates

27(1) In this section, “occupational certificate” includes any of the following: (certificat professionnel)

(a) a certificate of qualification;

(b) a certificate of qualification without written examination;

(d) a work permit; and

(e) a credential or endorsement established in an order made under subsection 13(2).

27(2) The Director may suspend or cancel a person’s occupational certificate if, in the Director’s opinion, the person

(a) is unable to carry out the tasks, activities or functions of the occupation for which the occupational certificate was issued,

(b) is incompetent or grossly negligent in the discharge of his or her duty,

(d) has contravened a provision of this Act, the regulations or an order made under section 13 or 14.

Program advisory committees

28(1) The Director may establish a program advisory committee for a designated occupation, a compulsory occupation or group of designated or compulsory occupations to provide advice to the Director with respect to occupational qualifications and the establishment and operation of apprenticeship training programs.

28(2) The Director shall appoint the members of a program advisory committee.

28(3) The Lieutenant-Governor in Council shall fix the remuneration of a member of a program advisory committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

28(4) A member of a program advisory committee is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the committee in accordance with the Board of Management travel policy guidelines, as amended.

Director may establish committees

29 In addition to a committee established under section 28, the Director may establish any committee that he or she considers necessary with respect to apprenticeship and occupational certification programs.

APPEALS

Appeal to Board

30(1) For the purposes of an appeal under this section, the Director shall not sit as a member of the Board nor serve as secretary of the Board.

30(2) An appeal lies to the Board with respect to the following decisions of the Director:

(a) accepting or refusing to register an apprentice;

(b) accepting or refusing to register an apprenticeship agreement;

(d) suspending or cancelling an occupational certificate under subsection 27(2).

30(3) A person affected by a decision referred to in subsection (2) may appeal by serving a written notice on the chair not more than 30 days after the person has received notice of the decision.

30(4) A notice of appeal shall contain a statement of the matter being appealed and the name and address of the person making the appeal.

30(5) The Board may extend the time for serving a notice of appeal, before or after the expiry of the time limit in subsection (3).

30(6) The chair shall inform the Director of a notice of appeal as soon as practicable after receiving the notice, and the Director shall provide the Board with all the documents in his or her possession with respect to the decision being appealed.

30(7) As soon as practicable after receiving a notice of the appeal, the chair shall serve written notice of the time and place set for hearing the appeal on the person making the appeal and on the Director.

30(8) At a hearing of an appeal before the Board, the person making the appeal and the Director have the right to attend, make representations and adduce evidence respecting the appeal, either personally or through counsel.

30(9) With the consent of the parties to the appeal, the Board may adjourn the hearing for a period of time it considers appropriate.

30(10) In respect of an appeal, the Board has all the powers and privileges that commissioners have under the Inquiries Act.

30(11) After hearing an appeal, the Board may allow the appeal or confirm or vary the decision of the Director.

30(12) The Board shall render a decision within 30 days after a hearing unless the parties agree to an extension.

Panel of the Board

31(1) The chair may constitute a panel of the Board to hear an appeal under section 30 and, if so constituted, the panel has the powers and duties of the Board.

31(2) A panel constituted under subsection (1) shall consist of

(a) at least one member of the Board appointed under paragraph 4(2)(a),

(b) at least one member of the Board appointed under paragraph 4(2)(b), and

31(3) The chair may designate a person assigned to the panel as chair of the panel.

31(4) The panel constituted under subsection (1) constitutes a quorum.

Appeal to Court of Queen’s Bench

32(1) An appeal lies to The Court of Queen’s Bench of New Brunswick with respect to a decision of the Board under subsection 30(11) involving a question of law.

32(2) An appeal under subsection (1) shall be commenced within 30 days after the date of service of the notice of the decision being appealed.

32(3) After hearing an appeal under subsection (1), The Court of Queen’s Bench of New Brunswick may

(a) dismiss the appeal, or

(b) allow the appeal and

(i) set aside the decision, and

(ii) if it considers it appropriate to do so, refer the matter back to the Board with directions.

32(4) To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply to an appeal commenced under this section.

REPORTING REQUIREMENTS

Strategic plan

33(1) The Board shall submit a three-year strategic plan to the Minister for approval, at a time specified by the Minister.

33(2) On receiving a strategic plan for approval, the Minister shall approve the plan or return it to the Board with recommendations for amendments.

33(3) A strategic plan shall contain the following information:

(a) the Board’s goals and objectives for the relevant three-year period, which shall take into account the policy direction of the government in the area of apprenticeship and occupational certification;

(b) the performance measures with respect to the goals and objectives referred to in paragraph (a); and

33(4) The Board shall publish on the Department website a three-year strategic plan that has been approved by the Minister.

Annual work plan

34(1) The Board shall submit an annual work plan to the Minister for approval, at a time specified by the Minister.

34(2) On receiving the annual work plan for approval, the Minister shall approve the plan or return it to the Board with recommendations for amendments.

34(3) The annual work plan shall contain the following information:

(a) the Board’s proposed activities for the relevant period; and

(b) an estimate of the financial implications of the activities referred to in paragraph (a).

Annual report

35(1) The Board shall submit an annual report to the Minister on the activities of the Board for the previous 12-month period ending March 31, at a time specified by the Minister.

35(2) The annual report shall contain a status report on the goals and objectives in the strategic plan referred to in section 33.

ENFORCEMENT

Education and compliance officer

36(1) The Minister may appoint an education and compliance officer for the purpose of ensuring compliance with this Act and the regulations, and orders made under section 13 or 14.

36(2) The Minister shall issue to an education and compliance officer a certificate of appointment bearing the Minister’s signature or a facsimile of it.

36(3) An education and compliance officer who exercises powers under this Act, the regulations or an order made under section 13 or 14 shall produce his or her certificate of appointment when requested to do so.

Inspections

37(1) For the purposes of ensuring compliance with this Act and the regulations, and orders made under section 13 or 14, an education and compliance officer may, at any reasonable time, enter and inspect any lands, buildings or premises in the Province.

37(2) Before or after attempting to enter a place referred to in subsection (1), an education and compliance officer may apply for an entry warrant under the Entry Warrants Act.

37(3) An education and compliance officer shall not enter a private dwelling under subsection (1) unless the officer is entering in one of the following circumstances:

(a) the officer is entering with the consent of a person who appears to be an adult and an occupant of the dwelling; or

(b) the officer has obtained an entry warrant under the Entry Warrants Act.

37(4) During an inspection, an education and compliance officer may do any of the following:

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document prescribed by regulation; and

(b) make those examinations and inquiries of any person that the education and compliance officer considers necessary for the purpose of ensuring compliance with this Act and the regulations, and the orders made under section 13 or 14.

37(5) Immediately on demand by an education and compliance officer, a person shall produce a record or document required by the officer under subsection (4).

37(6) Every person shall give an education and compliance officer all reasonable assistance to enable the officer to carry out an inspection under this section, including providing the officer with the information that he or she reasonably requires.

37(7) An education and compliance officer acting under this section may request the assistance of a peace officer.

Removal of records and documents

38(1) For the purposes of an inspection, an education and compliance officer may remove a record or document prescribed by regulation from a place referred to in subsection 37(1) and may make a copy or extract of it or any part of it and shall give a receipt for the record or document to the person who provided it to the education and compliance officer.

38(2) When a record or a document is removed under subsection (1), it shall be returned as soon as possible after the copies or extracts have been made.

38(3) A copy or extract of a record or document related to an inspection and purporting to be certified by the education and compliance officer is admissible in evidence in a proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the education and compliance officer.

Obstruction of an education and compliance officer

39(1) No person shall obstruct or interfere with an education and compliance officer who is carrying out or attempting to carry out an inspection under section 37.

39(2) A person is not interfering with or obstructing an education and compliance officer if the person refuses to consent to the officer entering a private dwelling unless an entry warrant has been obtained.

False or misleading statement

40 No person shall knowingly make a false or misleading statement, either orally or in writing, to an education and compliance officer while the officer is engaged in carrying out his or her duties under this Act.

Offences

41(1) A person who violates or fails to comply with section 50 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.

41(2) A person who violates or fails to comply with subsection 39(1), section 40 or subsection 47(1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

41(3) A person who violates or fails to comply with subsection 46(2) or a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.

41(4) If a person is prosecuted for an offence under this Act, the person shall not be subject to an administrative penalty under this Act in respect of the same incident that gave rise to the offence.

Continuing offence

42 If an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Limitation period

43 No prosecution for an offence under this Act or the regulations shall be commenced after two years from the date on which the offence was, or is alleged to have been, committed.

Administrative penalties

44(1) The Lieutenant-Governor in Council may, by regulation, establish an administrative penalty for a contravention of a provision of this Act or the regulations prescribed by regulation.

44(2) Only a provision for which an offence punishable under Part 2 of the Provincial Offences Procedure Act has been prescribed under section 41 may be prescribed under subsection (1).

44(3) An education and compliance officer may impose an administrative penalty in the manner provided for in the regulations.

44(4) An administrative penalty shall be not be less than $500 and not more than $10,000, as provided for in the regulations.

44(5) An administrative penalty shall be paid to Minister of Finance within the time prescribed by regulation.

44(6) If a person is subject to an administrative penalty and pays the penalty within the time prescribed by regulation, that person shall not be prosecuted for an offence under this Act in respect of the same incident that gave rise to the administrative penalty.

44(7) The Province may sue for and recover an administrative penalty in an action in any court as if the amount were a debt.

44(8) The Director may waive an administrative penalty imposed under this section in the circumstances prescribed by regulation.

Review of administrative penalties

45(1) A person affected by an education and compliance officer’s decision to impose an administrative penalty may request that the Director review the decision by applying to the Director within the time prescribed by regulation.

45(2) The Director shall conduct the review requested in subsection (1) in accordance with the regulations.

45(3) Following the review of a decision of an education and compliance officer, the Director may uphold, vary or rescind the decision of the education and compliance officer.

45(4) A decision of the Director under this section is final.

GENERAL PROVISIONS

Supervision of apprentices

46(1) The following definitions apply in this section.

“employer” includes a self-employed apprentice. (employeur)

“journeyperson” means a person who holds a certificate of qualification or diploma of apprenticeship issued under this Act. (compagnon)

46(2) An employer shall ensure that there is one journeyperson in a designated occupation or compulsory occupation to supervise each apprentice employed in the respective designated occupation or compulsory occupation, as the case may be.

46(3) Despite subsection (2), but subject to the provisions of a collective agreement binding on the employer, the Director may authorize an employer to employ an apprentice, or additional apprentices, as warranted by the circumstances.

46(4) A journeyperson in subsection (2) may be

(a) the employer of the apprentice,

(b) an employee of the employer of the apprentice, or

46(5) An employer shall ensure that an apprentice has access to his or her supervising journeyperson at the apprentice’s worksite and that the apprentice is able to communicate with the journeyperson with respect to the task, activity or function that is being supervised.

46(6) The supervision a journeyperson provides to an apprentice shall be sufficient to ensure that the apprentice receives the technical information, knowledge and guidance that is necessary for the apprentice to develop the required skills in the task, activity or function that is being supervised.

46(7) The Director shall determine whether the supervision provided to an apprentice is sufficient and in making that determination shall consider the degree of risk present in performing the task, activity or function being supervised.

Prohibition - compulsory occupations

47(1) No employer shall employ a person in a compulsory occupation, unless the person

(a) holds a certificate of qualification in the compulsory occupation issued under this Act,

(b) holds a certificate of qualification without written examination in the compulsory occupation issued under this Act,

(d) holds a work permit issued under section 48,

(e) holds an improver card issued under section 49,

(f) is registered under this Act in the compulsory occupation as,

(i) an apprentice, or

(ii) a pre-apprentice, or

(g) is registered as an apprentice in the compulsory occupation in another province or territory of Canada and is working in New Brunswick for a period of six months or less.

47(2) For the purpose of subsection (1) an employer includes a self-employed person.

Work permits

48(1) A person who has been refused a certificate of qualification in a compulsory occupation because he or she has failed the written portion of the certification examination may apply jointly with his or her employer for a work permit entitling him or her to work in that occupation.

48(2) The Director may issue a work permit to a person who makes an application under subsection (1) if

(a) the person has, in the Director’s opinion, sufficient work experience in the compulsory occupation, and

(b) has passed the practical portion of the certification examination in the compulsory occupation.

48(3) A work permit issued under subsection (2) is valid only for the period of time during which the person to whom the permit is issued continues to work for the employer who has joined in the application.

Improver cards

49 The Director may issue an improver card entitling a person to work in a compulsory occupation, to a person who is not an apprentice in that occupation but who is training in the occupation either to improve his or her capability in an area of the occupation or in preparation for certification under this Act.

Apprentice not required to work during labour dispute

50 No person shall require an apprentice to do any work in a place of employment where there is a lawful cessation of work arising out of a labour dispute.

Minimum wage for apprentices

51(1) Subject to subsection (2), unless otherwise established in a collective agreement, the minimum wage payable to an apprentice shall be the rate prescribed in regulation.

51(2) If a regulation under the Employment Standards Act requires the payment of a higher rate of wages than the rate established in a collective agreement or in a regulation made under subsection (1), the higher rate of wages shall apply.

Administration

52 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Minister may enter agreements

53 The Minister may enter into agreements with the Government of Canada, the government of another country, the government of a province or territory of Canada or a state or territory of another country, that the Minister considers necessary or expedient for the administration of this Act.

Minister shall report on programs

54 The annual report of the Minister shall contain a report on apprenticeship and occupational certification programs for the year in question.

Minister may direct Board

55 The Minister may direct the Board with respect to matters for which the Board is responsible if, in the Minister’s opinion, the Board has acted in a manner that is incompatible with the policy direction of the government or with the intent of this Act.

Regulations

56(1) Subject to subsection (2), the Lieutenant-Governor in Council may make regulations

(a) prescribing compulsory occupations;

(b) prescribing the tasks, activities and functions of a compulsory occupation;

(d) prescribing the period of time for the purpose of subparagraph 16(b)(ii);

(e) prescribing fees for the issuance of

(i) a certificate of qualification,

(ii) a certificate of qualification without written examination,

(iii) a diploma or apprenticeship,

(iv) a work permit, and,

(v) any other credential or endorsement established under this Act;

(f) prescribing fees for replacement documents;

(g) prescribing examination fees;

(h) prescribing assessment fees;

(i) prescribing registration fees;

(j) prescribing tuition fees;

(k) prescribing the minimum rate of wages payable to apprentices;

(l) prescribing records or documents for the purpose of paragraph 37(4)(a) and subsection 38(1);

(m) respecting the establishment of administrative penalties;

(n) prescribing provisions of this Act and the regulations for the purpose of subsection 44(1);

(o) prescribing the procedures for imposing an administrative penalty;

(p) respecting the calculation of an administrative penalty payable in respect of a contravention, which may vary according to whether it is a first, second or third contravention;

(q) prescribing a period of time after which a contravention for which an administrative penalty was paid is no longer counted for the purposes of varying the administrative penalty payable for a subsequent contravention;

(r) prescribing the procedures for paying an administrative penalty;

(s) prescribing circumstances for the purpose of subsection 44(8);

(t) prescribing time limits for the purpose of subsections 44(6) and 45(1);

(u) prescribing the procedures for a review under section 45;

(v) repealing the regulation referred to in section 57.

56(2) The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(a) or (b).

56(3) Regulations made under paragraphs (1)(e) to (j) may establish classes of persons for the purpose of those paragraphs and may prescribe different fees for different classes of persons.

TRANSITIONAL PROVISIONS

Regulation 97-125 under the Apprenticeship and Occupational Certification Act

57 Despite any inconsistency with any provision of this Act, New Brunswick Regulation 97-125 under the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, is valid and continues in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act.

Local apprenticeship advisory committees terminated

58(1) On the commencement of this section, all local apprenticeship advisory committees established under section 9 of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, are abolished.

58(2) All appointments of persons as members of the local apprenticeship advisory committees abolished under subsection (1) are revoked.

58(3) All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation or remuneration to be paid to the members of the local apprenticeship advisory committees terminated under subsection (1) are void.

58(4) Despite the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, compensation or remuneration shall be paid to the members of the local apprenticeship advisory committees abolished under subsection (1).

58(5) No action or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province as a result of the abolition of the committees under subsection (1) or the revocation of appointments under subsection (2).

Program advisory committees continued

59(1) On the commencement of this section, any program advisory committee established under section 7 of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, is continued.

59(2) A person who was a member of a program advisory committee appointed under section 7 of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, immediately before the commencement of this section, shall be deemed to have been appointed under subsection 28(2) of this Act.

Documents deemed to be issued under this Act

60(1) A person who held a valid diploma of apprenticeship issued under paragraph 10(1)(a) of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, immediately before the commencement of this section, shall be deemed to hold a diploma of apprenticeship issued under subparagraph 8(2)(d)(i) of this Act.

60(2) A person who held a valid certificate of qualification issued under paragraph 10(1)(b) of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, immediately before the commencement of this section, shall be deemed to hold a certificate of qualification issued under subparagraph 8(2)(d)(ii) of this Act.

60(3) A person who held a valid letter of authenticity issued under paragraph 10(1)(c) of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, immediately before the commencement of this section, shall be deemed to hold a certificate of qualification without written examination issued under subparagraph 8(2)(d)(iii) of this Act.

60(4) A person who held a valid work permit issued under subsection 18(1) of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, immediately before the commencement of this section, shall be deemed to hold a work permit issued under subsection 48(2) of this Act.

CONSEQUENTIAL AMENDMENTS

Regulation under the Apprenticeship and Occupational Certification Act

61(1) Section 6 of New Brunswick Regulation 97-125 under the Apprenticeship and Occupational Certification Act is repealed and the following is substituted:

Qualifications for apprenticeship

6 No person shall be registered as an apprentice in a designated occupation unless that person has the qualifications necessary for apprenticeship in the designated occupation as set out in Schedule C.

61(2) Section 7 of the Regulation is amended

(a) in paragraph (b) by striking out “, and” at the end of the paragraph and substituting a period; and

(b) by repealing paragraph (c).

61(3) The heading “Employment of apprentice” preceding section 11 of the Regulation is repealed.

61(4) Section 11 of the Regulation is repealed.

61(5) The heading “Credit for time spent in technical training” preceding section 12 of the Regulation is repealed.

61(6) Section 12 of the Regulation is repealed.

61(7) The heading “Credits” preceding section 14 of the Regulation is repealed.

61(8) Section 14 of the Regulation is repealed.

61(9) Section 16 of the Regulation is amended

(a) by repealing subsection (3);

(b) by repealing subsection (4); and

61(10) Section 23 of the Regulation is repealed and the following is substituted:

Certification of qualification

23 A certificate of qualification remains valid unless suspended or cancelled by the Director.

61(11) The heading “LETTER OF AUTHENTICITY” following section 25 of the Regulation is repealed.

61(12) The heading “Issuance of letter of authenticity” preceding section 26 of the Regulation is repealed.

61(13) Section 26 of the Regulation is repealed.

61(14) The heading “Form of application for letter of authenticity” preceding section 27 of the Regulation is repealed.

61(15) Section 27 of the Regulation is repealed.

61(16) The heading “Form of letter of authenticity” preceding section 28 of the Regulation is repealed.

61(17) Section 28 of the Regulation is repealed.

Employment Standards Act

62 Section 9 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding after subsection (3) the following:

9(4) If a special minimum rate of wages for apprentices fixed in a regulation under the Apprenticeship and Occupational Certification Act is higher than a minimum wage fixed in a regulation made under subsection (1), the special minimum rate of wage shall apply with respect to those apprentices.

Plumbing Installation and Inspection Act

63 Section 1 of the Plumbing Installation and Inspection Act, chapter P-9.1 of the Acts of New Brunswick, 1976, is amended in the definition “qualified plumber” by striking out “the plumbing trade” and substituting “the plumber occupation”.

REPEAL AND COMMENCEMENT

Repeal

64 The Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, is repealed.

Commencement

65 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.