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O. Reg. 329/07: IRONWORKER AND REINFORCING RODWORKER


Published: 2007-07-05

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ONTARIO REGULATION 329/07

made under the

TRADES QUALIFICATION AND APPRENTICESHIP ACT

Made: June 27, 2007
Filed: July 5, 2007
Published on e-Laws: July 6, 2007
Printed in The Ontario Gazette: July 21, 2007


IRONWORKER AND REINFORCING RODWORKER

Designation as certified trade

1. The trade of ironworker and reinforcing rodworker is designated as a certified trade for the purposes of the Act.

Branches of certified trade

2. The trade of ironworker and reinforcing rodworker is composed of the following Branches:

1. Branch 1 (ironworker — generalist).

2. Branch 2 (ironworker — structural and ornamental).

3. Branch 3 (reinforcing rodworker).

Scope of trade

3. (1) Subject to subsection (2), the performance of any of the following activities constitutes work that is part of the trade of ironworker and reinforcing rodworker:

1. The fabrication, assembly, installation, hoisting, erection, dismantling, reconditioning, adjusting, alteration, repair or servicing of,

i. all structural ironwork,

ii. precast and prestressed concrete, and

iii. ferrous and non-ferrous materials in curtain walls, ornamental and miscellaneous metal work.

2. The application of sealants to the material referred to in paragraph 1.

3. The moving and placing of machinery and heavy equipment that is required in order to perform work described in paragraph 1.

4. The fabrication, handling, sorting, cutting, bending, rigging, placing, burning, welding, stressing, grouting and tying of all material used to reinforce concrete constructions, including reinforcing bars, welded wire mesh and post tensioning systems.

5. The installation of mechanical splices for reinforcing steel bars and performing cad and thermite welding for the splicing of reinforcing steel bars.

6. Reading and interpreting all shop and field drawings, including those taken from original architectural and engineering drawings, that are related to the work operations described in paragraphs 1, 2 and 3.

7. Reading and interpreting all structural and placing drawings and bar lists that are related to the work operations described in paragraphs 4 and 5.

(2) Any activities described in subsection (1) that are performed as part of the fabrication or assembling of materials in an industrial manufacturing plant do not constitute work that is part of the trade of ironworker and reinforcing rodworker.

(3) A person who holds a certificate of qualification in Branch 1 of the trade (ironworker — generalist) may perform any of the functions described in subsection (1).

(4) A person who holds a certificate of qualification in Branch 2 of the trade (ironworker — structural and ornamental) may perform only the functions described in paragraphs 1, 2, 3 and 6 of subsection (1).

(5) A person who holds a certificate of qualification in Branch 3 of the trade (reinforcing rodworker) may perform only the functions described in paragraphs 4, 5 and 7 of subsection (1).

Apprentice training programs

4. (1) An apprentice training program for the trade of ironworker and reinforcing rodworker is established in accordance with this section.

(2) The apprentice training program for the trade of ironworker and reinforcing rodworker shall include the following two components:

1. Classes that provide training and instruction.

2. On the job work experience.

(3) A period of apprentice training referred to in subsections (4), (5), (6) and (7) may include either or both of the components referred to in subsection (2).

(4) The apprentice training program for the trade of ironworker and reinforcing rodworker shall consist of the following periods of apprentice training:

1. In the case of a program in Branch 1 of the trade (ironworker — generalist), four periods, each period consisting of 2,000 hours of apprentice training.

2. In the case of a program in Branch 2 of the trade (ironworker — structural and ornamental), three periods, each consisting of 2,000 hours of apprentice training.

3. In the case of a program in Branch 3 of the trade (reinforcing rodworker), two periods, each consisting of 2,000 hours of apprentice training.

(5) Despite paragraph 1 of subsection (4), the apprentice training program in Branch 1 of the trade shall consist of,

(a) one period of 2,000 hours of apprentice training, in the case of program for an apprentice who holds a certificate of qualification in Branch 2 of the trade; and

(b) three periods, each consisting of 2,000 hours of apprentice training, in the case of a program for an apprentice who holds a certificate of qualification in Branch 3 of the trade.

(6) Despite paragraph 2 of subsection (4), the apprentice training program in Branch 2 of the trade for an apprentice who holds a certificate of qualification in Branch 3 of the trade shall consist of two periods, each consisting of 2,000 hours of apprentice training.

(7) Despite paragraph 3 of subsection (4), the apprentice training program in Branch 3 of the trade for an apprentice who holds a certificate of qualification in Branch 2 of the trade shall consist of one period of 2,000 hours of apprentice training.

(8) An employer shall not establish an apprentice training program in any Branch of the trade of ironworker and reinforcing rodworker unless the program is approved by the Director.

Certificate of qualification as ironworker — generalist

5. A person who holds both a certificate of qualification in Branch 2 of the trade of ironworker and reinforcing rodworker and a certificate of qualification in Branch 3 of the trade is eligible for a certificate of qualification in Branch 1 of the trade upon passing such final examinations as are prescribed by the Director under section 16 of the Act and upon payment of the prescribed fee.

Overtime included in program hours

6. Despite subsection 8 (2) of Regulation 1055 of the Revised Regulations of Ontario, 1990 (General) made under the Act, hours worked by an apprentice in the trade of ironworker and reinforcing rodworker in excess of his or her regular daily hours of practical training and instruction shall be included when determining whether the apprentice has fulfilled the hours of apprentice training required under section 4.

Number of apprentices

7. (1) The number of apprentices who may be employed by an employer in the trade of ironworker and reinforcing rodworker shall not exceed the number determined in accordance with the following rules:

1. For the first journeyperson employed by the employer in the trade, one apprentice.

2. For every two additional journeypersons employed by the employer in the trade, add one apprentice.

(2) If an employer is a journeyperson, he or she shall be considered to be the first journeyperson employed by the employer for the purposes of paragraph 1 of subsection (1).

Apprentice wages, ironworker — generalist

8. (1) Subject to subsections (2) and (3), the rate of wages to be paid by an employer to an apprentice working in Branch 1 of the trade (ironworker — generalist) during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that branch of the trade:

1. During the first 1,000 hours of apprentice training, 60 per cent.

2. During the second 1,000 hours of apprentice training, 70 per cent.

3. During the third 1,000 hours of apprentice training, 75 per cent.

4. During the fourth 1,000 hours of apprentice training, 80 per cent.

5. During the fifth 1,000 hours of apprentice training, 85 per cent.

6. During the last 3,000 hours of apprentice training, 90 per cent.

(2) In the case of an apprentice working in Branch 1 of the trade who holds a certificate of qualification in Branch 2 of the trade (ironworker — structural and ornamental), the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in clause 4 (5) (a) shall not be less than 90 per cent of the average hourly rate of wages for journeypersons employed by the employer in Branch 1 of the trade.

(3) In the case of an apprentice in Branch 1 of the trade who holds a certificate of qualification in Branch 3 of the trade (reinforcing rodworker), the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in clause 4 (5) (b) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in Branch 1 of the trade:

1. During the first 1,000 hours of apprentice training, 75 per cent.

2. During the second 1,000 hours of apprentice training, 80 per cent.

3. During the third 1,000 hours of apprentice training, 85 per cent.

4. During the last 3,000 hours of apprentice training, 90 per cent.

Apprentice wages, ironworker — structural and ornamental

9. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in Branch 2 of the trade (ironworker — structural and ornamental) during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that branch of the trade:

1. During the first 1,000 hours of apprentice training, 60 per cent.

2. During the second 1,000 hours of apprentice training, 70 per cent.

3. During the third 1,000 hours of apprentice training, 75 per cent.

4. During the fourth 1,000 hours of apprentice training, 80 per cent.

5. During the fifth 1,000 hours of apprentice training, 85 per cent.

6. During the last 1,000 hours of apprentice training, 90 per cent.

(2) In the case of an apprentice in Branch 2 of the trade who holds a certificate of qualification in Branch 3 of the trade (reinforcing rodworker), the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in subsection 4 (6) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in Branch 2 of the trade:

1. During the first 1,000 hours of apprentice training, 75 per cent.

2. During the second 1,000 hours of apprentice training, 80 per cent.

3. During the third 1,000 hours of apprentice training, 85 per cent.

4. During the last 1,000 hours of apprentice training, 90 per cent.

Apprentice wages, reinforcing rodworker

10. (1) Subject to subsection (2), the rate of wages to be paid by an employer to an apprentice working in Branch 3 of the trade (reinforcing rodworker) during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in that branch of the trade:

1. During the first 500 hours of apprentice training, 60 per cent.

2. During the second 500 hours of apprentice training, 70 per cent.

3. During the next 1,000 hours of apprentice training, 80 per cent.

4. During the next 1,000 hours of apprentice training, 90 per cent.

5. During the last 1,000 hours of apprentice training, 95 per cent.

(2) In the case of an apprentice in Branch 3 of the trade who holds a certificate of qualification in Branch 2 of the trade (ironworker — structural and ornamental), the rate of wages to be paid by an employer for work performed by the apprentice during the apprentice training program described in subsection 4 (7) shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer in Branch 3 of the trade:

1. During the first 1,000 hours of apprentice training, 90 per cent.

2. During the second 1,000 hours of apprentice training, 95 per cent.

Exemptions, compulsory certification

11. Section 9 and subsections 10 (2), (3) and (4) of the Act do not apply with respect to the trade of ironworker and reinforcing rodworker.

Expiry of certificates

12. A certificate of qualification for the trade of ironworker and reinforcing rodworker does not expire.

Transition, ironworker

13. (1) A person who holds a certificate of qualification in the trade of ironworker on the day this Regulation comes into force shall be deemed on and after that day to hold,

(a) a certificate of qualification in Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental); or

(b) if the certificate bears a red seal issued pursuant to standards established by the Canadian Council of Directors of Apprenticeship, a certificate of qualification in Branch 1 of the trade of ironworker and reinforcing rodworker (ironworker — generalist).

(2) If a certificate of apprenticeship in the trade of ironworker that was issued before the day this Regulation comes into force is still valid immediately before that day, it shall be deemed on and after that day to be a certificate of apprenticeship in Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental).

(3) If a contract of apprenticeship in the trade of ironworker was filed with the Director under clause 9 (1) (b) of the Act before the day this Regulation comes into force and, on or before that day, is not fully executed and has not been terminated, cancelled or transferred under section 15 of the Act,

(a) the contract shall be deemed on and after that day to be a contract of apprenticeship in Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental); and

(b) every reference in the contract to the trade of ironworker shall be deemed on and after that day to be a reference to Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental).

(4) For the purpose of issuing a certificate of apprenticeship under section 16 of the Act on and after the day this Regulation comes into force, a person who completed an apprentice training program in the trade of ironworker before that day shall be deemed to have completed an apprentice training program in Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental).

(5) During the period that begins on the day this Regulation comes into force and ends on July 1, 2008, any person who is issued a certificate of qualification in Branch 2 of the trade of ironworker and reinforcing rodworker (ironworker — structural and ornamental), or is deemed to hold such a certificate under clause (1) (a), is entitled to write the examination for Branch 1 of the trade of ironworker and reinforcing rodworker (ironworker — generalist) set by the Director under subsection 16 of the Act and, upon successfully completing the examination, shall be issued a certificate of qualification in Branch 1 of the trade under section 17 of the Act.

Transition, reinforcing rodworker

14. (1) A person who holds a certificate of qualification in the trade of reinforcing rodworker on the day this Regulation comes into force shall be deemed on and after that day to hold a certificate of qualification in Branch 3 of the trade of ironworker and reinforcing rodworker (reinforcing rodworker).

(2) If a certificate of apprenticeship in the trade of reinforcing rodworker that was issued before the day this Regulation comes into force is still valid immediately before that day, it shall be deemed on and after that day to be a certificate of apprenticeship in Branch 3 of the trade of ironworker and reinforcing rodworker (reinforcing rodworker).

(3) If a contract of apprenticeship in the trade of reinforcing rodworker was filed with the Director under clause 9 (1) (b) of the Act before the day this Regulation comes into force and, on or before that day, is not fully executed and has not been terminated, cancelled or transferred under section 15 of the Act,

(a) the contract shall be deemed on and after that day to be a contract of apprenticeship in Branch 3 of the trade of ironworker and reinforcing rodworker (reinforcing rodworker); and

(b) every reference in the contract to the trade of reinforcing rodworker shall be deemed on and after that day to be a reference to Branch 3 of the trade of ironworker and reinforcing rodworker (reinforcing rodworker).

(4) For the purpose of issuing a certificate of apprenticeship under section 16 of the Act on and after the day this Regulation comes into force, a person who completed an apprentice training program in the trade of reinforcing rodworker before that day shall be deemed to have completed an apprentice training program in Branch 3 of the trade of ironworker and reinforcing rodworker (reinforcing rodworker).

Revocations

15. (1) Regulation 1065 of the Revised Regulations of Ontario, 1990 is revoked.

(2) Ontario Regulation 100/01 is revoked.

Commencement

16. This Regulation comes into force on the day it is filed.