O. Reg. 130/13: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r13130
Published: 2013-04-05

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ONTARIO REGULATION 130/13

made under the

ONTARIO COLLEGE OF TRADES AND APPRENTICESHIP ACT, 2009

Made: April 5, 2013
Filed: April 5, 2013
Published on e-Laws: April 8, 2013
Printed in The Ontario Gazette: April 20, 2013


Amending O. Reg. 421/12

(GENERAL)

Note: Ontario Regulation 421/12 has not previously been amended.

1. (1) Paragraph 3 of subsection 2 (1) of Ontario Regulation 421/12 is revoked and the following substituted:

3. An individual who holds a valid equivalent certificate of qualification issued by the Province of Quebec, or is registered as an apprentice in the Province of Quebec, in one of the following trades while engaging in the practice of the trade in Ontario:

Electrician — Construction and Maintenance.

Hoisting Engineer — Mobile Crane Operator 1.

Plumber.

Refrigeration and Air Conditioning Systems Mechanic.

Sheet Metal Worker.

Steamfitter.

(2) Paragraph 5 of subsection 2 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

5. An individual who is the driver of a heavy truck or truck-trailer, while inspecting or adjusting the air chamber push rod stroke, commonly known as the slack adjustment, of the truck or truck-trailer’s air braking system if,

. . . . .

(3) Subsection 2 (1) of the Regulation is amended by adding the following paragraph:

6. An individual, while installing, removing, maintaining and testing water meters that have an inlet and outlet of 25 millimetres or less, if the individual has successfully completed a training program approved by the Minister on the installation, removal, maintenance and testing of water meters.

(4) Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) Section 4 of the Act and paragraph 5 of section 13 of Ontario Regulation 321/12 (Classes of Members and Registration) made under the Act do not apply in respect of a person while the person is employing or otherwise engaging an individual to perform work or engage in a practice that constitutes engaging in the practice of a compulsory trade, if section 2 of the Act does not apply to the individual when he or she performs the work.

2. (1) Subsection 3 (1) of the Regulation is amended by striking out “sections 60 and 68” in the portion before clause (a) and substituting “section 68”.

(2) Section 3 of the Regulation is amended by adding the following subsections:

(3) An apprentice to whom subsection (1) applies shall not be included in a journeyperson to apprentice ratio for a trade, if a ratio is established or is deemed to be established under the Act for the trade.

(4) Section 8 of the Act does not apply to a sponsor of apprentices who permits an apprentice to work, if subsection (1) applies to the apprentice.

(5) Paragraphs 1 and 2 of section 13 of Ontario Regulation 321/12 (Classes of Members and Registration) made under the Act do not apply to the class of persons who employ journeypersons or who sponsor or employ apprentices with respect to apprentices to whom subsection (1) applies.

3. The Regulation is amended by adding the following sections:

Exemption, barbers

3.1 An individual who, on March 26, 2013, held a valid certificate of qualification in the trade of barber under the Apprenticeship and Certification Act, 1998 is exempt from the payment of fees under clause 37 (1) (c) and subsection 89 (3) of the Act with respect to an application for a certificate of qualification in the trade of hairstylist until the earlier of,

(a) the trade of barber is prescribed as a trade; and

(b) April 8, 2015.

Exemption, voluntary certificates of qualification

3.2 (1) An individual who held a certificate of qualification in a voluntary trade under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 that was valid immediately before section 37 of the Act came into force is exempt from subsection 89 (2) of the Act.

(2) An individual to whom subsection (1) applies is exempt from the requirement set out in subsection 89 (3) of the Act to file his or her application for a certificate of qualification and to pay the fees before the expiry of the period referred to in subsection 89 (2) of the Act, but such an individual is entitled to a certificate of qualification in his or her trade issued by the College upon filing an application with the registrar and upon paying the fees required by the by-laws of the College.

(3) The following provisions of the Act and regulations do not apply to an individual to whom subsection (1) applies with respect to the voluntary trade for which the individual holds a certificate of qualification under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 unless the College issues him or her a certificate of qualification for the trade under the Act after the individual has applied for one and paid the required fee:

1. Subsection 28 (1) of the Act.

2. Subsection 37 (10) of the Act.

3. Clauses 53 (1) (c) and (d) of the Act.

4. A regulation made under paragraph 3 of subsection 72 (1) of the Act.

(4) A deemed certificate of qualification in a trade to which subsection (1) and subsection 89 (1) of the Act apply ceases to have effect if,

(a) the individual who holds the certificate is issued a certificate of qualification in the trade under the Act by the College after the individual has applied for one and paid the required fee; or

(b) the trade is reclassified as a compulsory trade under the Act.

4. Section 4 of the Regulation is revoked and the following substituted:

Deemed certificates of qualification, general

4. For the purposes of subsection 89 (2) of the Act, a deemed certificate of qualification to which subsection 89 (1) of the Act applies and that has an expiry date, ceases to have effect with respect to a deemed certificate of qualification issued to a journeyperson under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 on the later of,

(a) the month and day of the expiry date listed on the certificate that first occurs after section 37 of the Act comes into force, regardless of the year of expiry: and

(b) 60 days after the day section 37 of the Act comes into force.

Commencement

5. This Regulation comes into force on the later of the day section 37 of the Act comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de la Formation et des Collèges et Universités,

Brad Duguid

Minister of Training, Colleges and Universities

Date made: April 5, 2013.
Pris le : 5 avril 2013.

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