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National Occupation Certification Regulations 2008

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National Occupation Certification Regulations 2008
NATIONAL OCCUPATIONAL CERTIFICATION REGULATIONS
2008


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BR 57/2008

NATIONAL OCCUPATIONAL CERTIFICATION ACT 2004

2004 : 38

NATIONAL OCCUPATIONAL CERTIFICATION REGULATIONS
2008


ARRANGEMENT OF REGULATIONS



1 Short title
2 Interpretation

PART I
OCCUPATION ADVISORY

COMMITTEE

3 Duties of the Board when
appointing a Committee

4 Applications and
nominations for
membership

5 Establishment of
additional Committees

6 Conduct of business of a
Committee

7 Committee meetings may
be held in private

8 Voting

PART II
DESIGNATION OF

OCCUPATIONS

9 Board to obtain advice in
respect of the designation
of an occupation

10 Requests for the
designation of an
occupation

11 Consultation required by
a Committee when
developing
recommendations for the
designation of an
occupation

12 Content of advice provided
to the Board by a
Committee

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2008


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13 Advice to be provided to
the Board if there is merit
to the designation of an
occupation

14 Board to consider the
advice of a Committee
regarding the designation
of an occupation

15 Board to submit a report
to the Minister

PART III
REQUIREMENTS FOR

CERTIFICATION

16 Eligibility for certification
17 Exemption from

examination

PART IV
GENERAL PROVISIONS

18 Requirements for the
grant of a new certificate

19 Commencement of
appeals

20 Content of notice of
appeal

21 Decision of the Minister in
respect of an appeal

22 Replacement of a
certificate

PART V
FORMS

23 Application for the grant
of a certificate

24 Application for the
renewal of a certificate

25 Application for the
replacement of a
certificate

26 Public notification
27 Form of certificates
28 Identification card

SCHEDULE





The National Training Board, with the approval of the Minister
responsible for the National Training Board, in exercise of the powers
conferred by section 15(1) of the National Occupational Certification Act
2004, makes the following Regulations:

Short title
1 These Regulations may be cited as the National Occupational
Certification Regulations 2008.

Interpretation
2 In these Regulations, unless the context otherwise requires —

“Act” means the National Occupational Certification Act 2004;

“applicable occupation regulations” means regulations made
under section 15(1) of the Act that make provision for the
tasks, activities, functions and other related matters of a
designated occupation;

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“apprenticeship program” means a program under Part III of the
NTB Act under which a person enters into a contract of
apprenticeship in an occupation in respect of which a
training scheme is in force with an employer and includes a
program of apprenticeship in an overseas jurisdiction
recognized by the Board as equivalent to an apprenticeship
program;

“certificate” means a national occupational certificate granted
under section 8 of the Act;

“Committee” means an Occupation Advisory Committee
appointed under section 5(1)(a) of the NTB Act;

“Executive Officer” means the Executive Officer appointed under
section 7 of the NTB Act;

“Minister” means the Minister for the time being responsible for
the National Training Board;

“NTB Act” means the National Training Board Act 1997;

“training program” means a program under Part III of the
National Training Board Act 1997 under which a person
enters into a contract of training in an occupation in respect
of which a training scheme is in force with an employer.

PART I
OCCUPATION ADVISORY COMMITTEE

Duties of the Board when appointing a Committee
3 When appointing a Committee, the Board must take reasonable
steps to ensure that the members of the Committee —

(a) represent the interests of —

(i) the employers and employees in the occupation;

(ii) the various industries in which the tasks,
activities and functions of the occupation are
performed; and

(iii) if applicable, the geographic areas (parishes) of
Bermuda; and

(b) include experts or persons having special, technical or
other knowledge to advise the Committee in the exercise
of its functions or powers.

NATIONAL OCCUPATIONAL CERTIFICATION REGULATIONS
2008


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Applications and nominations for membership
4 Applications and nominations for membership on a Committee
may be made in writing to the Executive Officer.

Establishment of additional Committees
5 (1) The Chairman of a Committee may establish additional
committees for the purpose of assisting the Committee in the
performance of its functions.

(2) An additional committee established under paragraph (1),
shall not make any recommendation which may be made by a Committee
under the Act or the NTB Act.

Conduct of business of a Committee
6 The business of a Committee may be conducted by means of —

(a) general meetings;

(b) meetings of additional committees;

(c) committee meetings which may be held electronically; or

(d) any other means approved by the Board.

Committee meetings may be held in private
7 The Chairman of a Committee may conduct a meeting or any
portion of a meeting in private and may require any person who is not a
member of the Committee to leave the meeting.

Voting
8 (1) No person other than a member of a Committee shall be
entitled to vote in respect of a matter before the Committee.

(2) The Chairman of a Committee shall be entitled to vote only
in the event of a tie vote in respect of a matter before the Committee.

PART II
DESIGNATION OF OCCUPATIONS

Board to obtain advice in respect of the designation of an
occupation
9 Prior to the Board making a recommendation to the Minister for
the designation of an occupation under the Act, the Board shall obtain
advice in respect of the proposed designation from the Committee for
that occupation.

Requests for the designation of an occupation
10 A Committee may —

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(a) initiate a request to the Board for the designation of an
occupation; or

(b) respond to a request from either the Board or from
industry to consider whether an occupation should be
designated.

Consultation required by a Committee when developing
recommendations for the designation of an occupation
11 When a Committee is engaged in the process of developing its
advice to the Board regarding whether an occupation should be
designated under the Act, the Committee shall consult —

(a) any person who has an interest in or who may be
affected by the designation or a representative of such
person; and

(b) any Committee in respect of an occupation that may be
affected by the designation.

Content of advice provided to the Board by a Committee
12 When a Committee is providing advice to the Board in respect of
the designation of an occupation the Committee shall advise on —

(a) the extent of industry support for compulsory training
and certification in that occupation;

(b) whether the occupation will provide an economically
viable career for its practitioners;

(c) the impact which the designation would have on the
economy and society; and

(d) the degree of risk of physical harm to an employee or
other person from the improper application of the
materials or methodology of the occupation.

Advice to be provided to the Board if there is merit to the
designation of an occupation
13 If a Committee initiates the designation of an occupation
pursuant to regulation 10(a) it may or, at the request of the Board, shall
provide advice to the Board in respect of —

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

(b) the standards and requirements for certification; and

(c) a program of transition.

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Board to consider the advice of a Committee regarding the
designation of an occupation
14 The Board shall consider the advice provided by a Committee
pursuant to regulation 13 in respect of the designation of an occupation
and may —

(a) request further information from the Committee;

(b) request that the Committee do further work on its
advice; or

(c) consult with persons who are knowledgeable about the
occupation or about training and certification in the
occupation.

Board to submit a report to the Minister
15 (1) When the Board has completed its consideration of the
advice of a Committee in respect of the designation of an occupation, the
Board shall submit a written report to the Minister.

(2) A report submitted to the Minister under paragraph (1)
shall include —

(a) a recommendation in favour of or against the
designation of the occupation;

(b) any information in support of the recommendation; and

(c) if the recommendation is for the designation of an
occupation, an outline of —

(i) the tasks, activities and functions that would
come within the proposed designated
occupation;

(ii) the standards and requirements for certification;
and

(iii) a program of transition.

PART III
REQUIREMENTS FOR CERTIFICATION

Eligibility for certification
16 A person is eligible to be granted a certificate in a designated
occupation if that person —

(a) has successfully completed —

(i) an apprenticeship program in that occupation;
or

NATIONAL OCCUPATIONAL CERTIFICATION REGULATIONS
2008


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(ii) a training program in that occupation;

(b) has been granted a certificate recognized by the Board
as being equivalent to a national occupational certificate
in that occupation; or

(c) establishes to the satisfaction of the Executive Officer
that he has successfully —

(i) met the standards established or recognized by
the Board;

(ii) obtained the work experience necessary to
demonstrate the knowledge and applied skill
competencies required to perform any of the
tasks, activities and functions in the applicable
occupation regulations in an effective manner;
and

(iii) completed the examinations established or
recognized by the Board for that occupation.

Exemption from examination
17 (1) Notwithstanding regulation 16(c)(iii) a person is eligible to
be granted a certificate where the Board has reason to believe that the
person —

(a) is incapable of taking an examination; or

(b) would otherwise be prejudiced by taking an
examination.

(2) A person to whom subsection (1) applies is eligible to be
granted a certificate if the Board is satisfied, after reviewing the work
that has been carried out by that person, that the person is sufficiently
skilled and knowledgeable in respect of the occupation to be granted a
certificate.

PART IV
GENERAL PROVISIONS

Requirements for the grant of a new certificate
18 A person whose certificate has been cancelled or suspended
under section 9(a) of the Act may be granted a new certificate if that
person successfully completes —

(a) an apprenticeship program in that designated
occupation;

(b) a training program in that designated occupation; or

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2008


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(c) a work training program designed by the Board to permit
the person to acquire the skills in the practice of the
designated occupation in which the person is deficient.

Commencement of appeals
19 A person who has a right of appeal under section 12 of the Act
may commence an appeal by serving on the Minister a notice of appeal
within 30 days from the day the person received written notification of
the decision that is the subject of the appeal.

Content of notice of appeal
20 A notice of appeal served under regulation 19 shall contain —

(a) the name and address of the person making the appeal;
and

(b) the grounds of appeal.

Decision of the Minister in respect of an appeal
21 The Minister shall make a decision within 60 days from the day
of receipt of the notice of appeal and shall communicate the decision in
writing to —

(a) the Board; and

(b) the person making the appeal.

Replacement of a certificate
22 The Executive Officer, upon receipt of an application from the
holder of a certificate granted under the Act, may replace the certificate if
the Executive Officer is satisfied that the certificate is unavailable as a
result of —

(a) theft;

(b) fire;

(c) loss; or

(d) any valid reason.

PART V
FORMS

Application for the grant of a certificate
23 An application for the grant of a certificate under section 7 of the
Act shall be made to the Minister as prescribed by Form A in the
Schedule to these Regulations.

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2008


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Application for the renewal of a certificate
24 An application for the renewal of a certificate under section 10 of
the Act shall be made to the Minister as prescribed by Form A in the
Schedule to these Regulations.

Application for the replacement of a certificate
25 An application for the replacement of a certificate shall be made
as prescribed by Form A in the Schedule to these Regulations.

Public notification
26 The Board shall notify the public by means of a notice published
in the Gazette in respect of —

(a) the designation of an occupation;

(b) the applicable transition program for that occupation;

(c) the forthcoming date on which occupational certification
is required;

(d) the grant of a certificate; and

(e) the suspension or cancellation of a certificate.

Form of certificates
27 A national occupational certificate shall be issued as prescribed
by Form B in the Schedule to these Regulations.

Identification card
28 The Executive Officer shall issue an identification card to any
person to whom a national occupational certificate is granted in the form
prescribed by Form C in the Schedule to these Regulations.

SCHEDULE

Form A
Issue/ Renewal/ Replacement of National Occupational

Certificate
General Information

Name of designated occupation:

Purpose of Application

Issue of Certificate……/Renewal of Certificate…../Replacement of
Certificate…...

Personal Information

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Last name:

First name: Middle name:

Social insurance number: gender (male/female) date of birth:

Mailing address: Postal code:

Telephone number:

For initial grant of national occupational certificate

Certificate or document information:

Name of certificate or document held:

Name of institution/state/province/country/organization that issued the
certificate or document:

Number on certificate or document: Date of issue: Expiry date (if
applicable):

Background to attainment of certificate or document:

Completion of apprenticeship or other training:

Name of trade or occupation:

Location of training:

Dates of commencement and completion of training:

Employment experience:

Name and address of current employer: Telephone number of
current employer:

Contact person and contact information (phone number, email address):

Dates employed in occupation by employer:

Number of hours worked in occupation:

Description of work performed in occupation for specified employer:

Details of previous employers:



For renewal of national occupational certificate

Certificate or document information:

Number on certificate or document: Date of issue: Expiry date (if
applicable):

Work experience in occupation since date of issue of current national
occupational certificate:

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Name and address of current employer: Telephone number of
current employer:

Contact person and contact information (phone number, email address):

Dates employed in occupation by employer:

Number of hours worked in occupation:

Description of work performed in occupation for specified employer:

Details of previous employers:

Description of training completed since the grant of the current
certificate:



For replacement of certificate

Certificate or document information:

Details of certificate to be replaced:

Wall certificate: Wallet certificate:

Number on certificate or document: Date of issue: Expiry date:

Reasons for replacement:

Name change: Lost or misplaced original: Other (describe):



Signature of applicant

I certify that, to the best of my knowledge, the information provided in
this application is true and complete in all respects and that I have not
withheld any relevant information. I authorize the National Training
Board or its designate to contact persons as required to verify my
training, certification and work experience in the trade.

Signature________________________ Date of signature______________




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Form B
Wall Certificate

National Occupational Certificate

This is to certify that

……………………………………………………………….

has completed the requirements and achieved the standards established
by the National Training Board under the National Occupation
Certification Act 2004 and is entitled to practice (engage in) the

occupation of

……………………………………………………

and to use the title “nationally certified”.

Effective date: Expiry date:





Signed:
Minister

Signed:
Executive Officer and Secretary

National Training Board

Signed:
Chairman

National Training
Board

Form C
Identification Card

………(name)…………..…has been granted

National Occupational Certificate#.................................

in the occupation of ……………………………………………

effective ……………………to……………………………………



__________________________ ________________________

Signed: Signed
Executive Officer Holder of certificate



NATIONAL OCCUPATIONAL CERTIFICATION REGULATIONS
2008


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Made this 21st day of April, 2008.






Chairman
National Training Board