National Occupational Certification Act 2004
NATIONAL OCCUPATIONAL CERTIFICATION ACT 2004





BERMUDA

2004 :38

NATIONAL OCCUPATIONAL CERTIFICATION ACT 2004

Date of Assent: 17 December 2004

Operative Date: 1 April 2005



ARRANGEMENT OF SECTIONS

1 Short title
2 Interpretation
3 Establishment of National

Certification Program
4 Compulsory Certification
5 Functions of Occupation

Advisory Committees
under this Act

6 Functions of the Board
under this Act

7 Application for certificate
8 Grant of certificate
9 Cancellation and

suspension of certificate

10 Renewal of certificate
11 Use of the expression

"nationally certified"
12 Appeal to the Minister
13 Appeal to the Supreme

Court
14 Designation and power of

enforcement officer
15 Regulations
16 Offences
17 General penalty
18 Commencement
19 Consequential

amendments


WHEREAS it is expedient to make provision for a National
Occupational Certification Program for the purpose of regulating
occupational standards of technical competence and for the designation
of occupations which shall require compulsory certification:


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Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the National Occupational Certification
Act 2004.

Interpretation
2 In this Act, unless the context otherwise requires —

"Act" means the National Training Board Act 1997;

"appeal" means an appeal referred to in section 12;

"apprenticeship" means an apprenticeship arranged pursuant to
Part III of the Act;

"Board" means the National Training Board established under
section 3 of the Act;

"designated occupation" means an occupation which is
designated under this Act as an occupation that requires
compulsory certification;

"employer" means a person who has entered into a contract of
apprenticeship or training as employer with an apprentice or
trainee, and includes the employer's agent, representative,
foreman or manager who is placed in authority over the
apprentice or trainee;

"Minister" means the Minister for the time being responsible for
the National Training Board;

"national occupational certificate" means, in respect of a
designated occupation —

(i) a certificate that is granted under this Act to a person
who has met the requirements established under this
Act for a person to be granted that certificate; or

(ii) a document that is issued by a board, an institution
or other body in an overseas jurisdiction and is
recognised under this Act as being the equivalent of a
national occupational certificate granted under this
Act;

"occupation" includes a trade or vocation which a person
pursues to earn a livelihood;

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"Occupation Advisory Committee" means an Occupation
Advisory Committee appointed by the Board under section
5(1)(a) of the Act;

"premises" includes buildings, parts of buildings, any other
structures and land; and

"training scheme" means a scheme formulated under section 24
of the Act.

Establishment of National Occupational Certification Program
3 (1) The National Occupational Certification Program is hereby
established.

(2) The Board and the Occupation Advisory Committee shall
perform the functions assigned to them under this Act and by any other
statutory provision.

Compulsory certification
4 (1) The Minister may by regulation, on the recommendation of
the Board, designate an occupation as an occupation which requires
compulsory certification.

(2) An occupation may be designated under subsection (1) if ⎯

(a) it is deemed by the Minister to be essential to the
economy; and

(b) there is a degree of risk of physical harm to a worker or
other person from the improper application of the
materials and methodology of the occupation.

(3) A person shall not work or be employed in a designated
occupation which requires compulsory certification unless that person
has been granted a national occupational certificate in that occupation.

(4) Notwithstanding subsection (3), a person may work in a
designated occupation if that person ⎯

(a) is an apprentice or a trainee in the training scheme in
that occupation;

(b) is a student in a work training program in that
occupation;

(c) holds a certificate or other document granted by a board,
an institution or other body in an overseas jurisdiction
in that occupation, and ⎯

(i) has filed an application under this Act to have
that certificate or other document recognised as
being equivalent to a national occupational

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certificate in that occupation and that
application is subsisting; and

(ii) that person's work in the occupation is, during
the time that the application is subsisting,
carried out under the same conditions as that of
an apprentice in that occupation;

(d) that person is registered in a program of training that is
provided in an overseas jurisdiction, which is recognised
by the Board as being equivalent to an apprenticeship
program in that occupation and, subject to any
directions given or conditions prescribed by the Board,
that person's work in the occupation is carried out
under the same conditions and subject to the same
supervision as that of an apprentice in the occupation;
or

(e) that person has filed an application under this Act for a
national occupational certificate and that person's work
in the occupation is, during the time that the application
is subsisting, carried out under the same conditions and
subject to the same supervision as that of an apprentice
in that occupation.

Functions of Occupation Advisory Committees
5 The functions of Occupation Advisory Committees under this Act
are ⎯

(a) to advise the Board ⎯

(i) on all matters pertaining to the designation of
occupations; and

(ii) on all aspects of training and certification in
respect of designated occupations including
standards and requirements for training and
certification;

(b) to make arrangements for examinations and other
methods of ascertaining the standards for persons
engaged in training in a designated occupation; and

(c) to determine the criteria for the recognition of
occupational certification from other jurisdictions.

Functions of the Board
6 The functions of the Board under this Act are ⎯

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(a) to determine the standards and requirements for
training and certification in respect of a designated
occupation;

(b) to identify, on the recommendation of the occupation
advisory committee, occupations that require certificates
that can be renewed; and

(c) to evaluate or recognise, or provide for the evaluation or
recognition of, the knowledge and levels of skill of
persons who have certificates, training or experience in
designated occupations.

Application for certificate
7 An application to the Minister for the grant or renewal of a
national occupational certificate shall be made in writing on the
prescribed form and shall be accompanied by such fee as may be
prescribed therefor under the Government Fees Act 1965.

Grant of certificate
8 The Minister shall grant a national occupational certificate to a
person who successfully meets the requirements established by the
Board pursuant to section 6(a) in respect of a designated occupation.

Cancellation and suspension of certificate
9 The Board may cancel or suspend a person's national
occupational certificate ⎯

(a) if, in the opinion of the Board, the person has not
maintained or is not maintaining the prescribed
standard of skill in the practice of the designated
occupation; or

(b) if the Board is satisfied that the certificate ⎯

(i) has been improperly altered in any manner;

(ii) was obtained by means of a misrepresentation;

(iii) was obtained in a fraudulent manner or by
means of fraud; or

(iv) has been used for any purpose by a person
other than the person to whom the certificate
was granted; or

(c) if the Board is satisfied that there has been an
irregularity in the taking of an examination required
under this Act.

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Renewal of certificates
10 (1) Unless suspended or cancelled under this Act a national
occupational certificate granted to a person under section 8 ⎯

(i) shall remain in force for the period of 5 years next
succeeding the date of the issue of the certificate;
and

(ii) may be renewed every 5 years with the applicant
for renewal being required to pass any further
examination or undertake any further training as
may be required by the Board.

(2) Applications for renewal shall be made to the Board in the
prescribed form.

Use of the title "nationally certified"
11 (1) A person who has been granted a national occupational
certificate shall be entitled to use the title "nationally certified" to
describe the nature of his occupation, where that occupation is the
occupation in respect of which he is certified.

(2) Any person ⎯

(a) who uses, either alone or in conjunction with other
words, the words "nationally certified" to describe the
nature of his occupation and has not been granted a
national occupational certificate in respect of that
occupation; or

(b) who takes or uses any name, title, addition or
description falsely implying, or who otherwise pretends,
that he has been granted a national occupational
certificate,

commits an offence.

Appeal to the Minister
12 (1) A person who is aggrieved by a decision of the Board may
appeal to the Minister against the decision of the Board ⎯

(a) to cancel or suspend a certificate under section 9; or

(b) to refuse to renew a certificate under section 10.

(2) On an appeal under this section the Minister may confirm,
reverse, vary or modify the decision of the Board.

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Appeal to the Supreme Court
13 (1) An appeal under this section shall lie at the instance of the
person aggrieved by the decision of the Minister and shall be commenced
by notice of motion filed in the Registry of the Supreme Court and served
on the Attorney-General within twenty-one days of the date when the
decision of the Minister took effect.

(2) Rules of Court may be made under section 62 of the
Supreme Court Act 1905 for the purpose of regulating the practice and
procedure of appeals under this section.

Designation and powers of enforcement officer
14 (1) The Minister may, after consultation with the Board,
designate a public officer to be an enforcement officer for the purposes of
this Act.

(2) An enforcement officer may, for the purposes of determining
whether the provisions of this Act are being complied with—

(a) at any reasonable time, enter and inspect any premises
in which he has reasonable grounds for believing that a
person is, or has been within the previous six months,
working in a designated occupation;

(b) examine any person whom he finds on premises entered
under paragraph (a) whom he has reasonable grounds
for believing is or has been, within the preceding six
months, employed or working on such premises;

(c) require any person whom he has reasonable grounds for
believing is or has been, within the preceding six
months, employed or working in a designated
occupation to appear before him at a prescribed place for
the purpose of being questioned;

(d) require the production or delivery up of any of the
records and of any document relating to the business of
any person whom he has reasonable grounds for
believing is, or was within the preceding six months, the
employer of a person working in a designated
occupation; and

(e) examine and make extracts from copies of any
documents produced or delivered up under paragraph
(d).

(3) An enforcement officer—

(a) shall not enter or inspect a private dwelling-house
without the consent of the occupier thereof;

(b) shall on the occasion of a visit or inspection, notify the
employer or his representative of his presence, and

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produce if required so to do, appropriate identification;
and

(c) shall, if required by the employer, be accompanied
during any inspection or examination by the employer or
his representative.

(4) A person who—

(a) assaults or obstructs an enforcement officer in the
performance of his functions under this section;

(b) uses indecent, abusive or insulting language to an
enforcement officer in the performance of his functions;
or

(c) fails to comply with any requirement made by an
enforcement officer under this section,

commits an offence.

Regulations
15 (1) The Board may, with the approval of the Minister, make
regulations —

(a) prescribing the tasks, activities and functions that come
within a designated occupation;

(b) prescribing the form of notices and certificates granted
under this Act;

(c) governing the designation or rescinding the designation
of an occupation;

(d) establishing a program of transition with respect to the
designation of an occupation;

(e) providing for the establishment or recognition of and
governing the operation of Occupation Advisory
Committees in respect of designated occupations;

(f) prescribing the powers of committees referred to in
paragraph (e);

(g) establishing the requirements to be met in order to be
granted a certificate under this Act;

(h) prescribing the form of applications for and renewal of
national occupational certificates; and

(i) generally for giving effect to the provisions of this Act.

(2) Regulations made under this section shall be subject to the
affirmative resolution procedure.

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Offences
16 A person who ⎯

(a) in respect of a national occupational certificate ⎯

(i) improperly alters the certificate in any manner;

(ii) obtains the certificate by means of a
misrepresentation;

(iii) obtains the certificate in a fraudulent manner or by
means of fraud; or

(iv) obtains the certificate which has been granted to
another person and uses it for any purpose;

(b) contravenes a provision of this Act or of any regulation
made thereunder; or

(c) omits, refuses or neglects to fulfill, perform, observe or
carry out a duty or obligation created or imposed by this
Act or any regulation,

commits an offence.

General Penalty
17 A person guilty of an offence under this Act is liable on
conviction by a court of summary jurisdiction to a fine not exceeding
$10,000.

Commencement
18 This Act shall come into operation on a day to be appointed by
the Minister by notice published in the Gazette.

Consequential amendments
19 Regulations 25, 26 and 28 of the Public Garage and Filling
Station Regulations 1952 are repealed.