Auto Body Technician Trade Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2008_161.cfm&leg_type=Regs&isbncln=9780779747788&display=html
Published: 2010

AR 161/2008 AUTO BODY TECHNICIAN TRADE REGULATION (Consolidated up to 9/2010)
ALBERTA REGULATION 161/2008
Apprenticeship and Industry Training Act
AUTO BODY TECHNICIAN TRADE REGULATION
Table of Contents
                1       Definitions
Part 1 General Matters Respecting the Trade
                2       Constitution of the trade
                3       Tasks, activities and functions                 4       Supervision, etc. of apprentices
Part 2 Auto Body Technician Branch of the Trade
Trade Matters Respecting the Branch
                5       Undertakings constituting the branch
                6       Tasks, activities and functions
Apprenticeship
                7       Term of the apprenticeship program
                8       Employment of apprentices
                9       Wages
Part 3 Auto Body Repairer Branch of the Trade
Trade Matters Respecting the Branch
              10       Undertakings constituting the branch
              11       Tasks, activities and functions
Apprenticeship
              12       Term of the apprenticeship program
              13       Employment of apprentices
              14       Wages
Part 4 Auto Body Refinisher Branch of the Trade
Trade Matters Respecting the Branch
              15       Undertakings constituting the branch
              16       Tasks, activities and functions
Apprenticeship
              17       Term of the apprenticeship program
              18       Employment of apprentices
              19       Wages
Part 5 Auto Body Prepper Branch of the Trade
Trade Matters Respecting the Branch
              20       Undertakings constituting the branch
              21       Tasks, activities and functions
Apprenticeship
              22       Term of the apprenticeship program
              23       Employment of apprentices
              24       Wages
Part 6 Repeals, Expiry and Coming into Force
              25       Repeal
              26       Expiry
              27       Coming into force
Definitions
1   In this Regulation,
                                 (a)    “apprentice” means a person who is an apprentice in a branch of the trade;
                                 (b)    “certified journeyperson” means a certified journeyperson as defined in the Apprenticeship Program Regulation (AR 258/2000);
                                 (c)    “substrate” means any surface of a motor vehicle to which paint or other coatings may be applied;
                                 (d)    “support system” means any part of a motor vehicle excluding the chassis, body, unibody, frame or substrate;
                                 (e)    “technical training” means technical training as defined in the Apprenticeship Program Regulation (AR 258/2000);
                                  (f)    “trade” means the occupation of auto body technician that is designated as a compulsory certification trade pursuant to the Apprenticeship and Industry Training Act.
Part 1 General Matters Respecting the Trade
Constitution of the trade
2(1)  The undertakings set out in sections 5, 10, 15 and 20 constitute the trade.
(2)  The trade is made up of the following:
                                 (a)    the auto body technician branch of the trade;
                                 (b)    the auto body repairer branch of the trade;
                                 (c)    the auto body refinisher branch of the trade;
                                 (d)    the auto body prepper branch of the trade.
Tasks, activities and functions
3   When practising or otherwise carrying out work in the trade, the tasks, activities and functions set out in sections 6, 11, 16 and 21 come within the trade.
Supervision, etc. of apprentices
4(1)  Where, in respect of a branch of the trade, a person is a certified journeyperson and is to provide supervision to an apprentice, that journeyperson is eligible to supervise that apprentice only
                                 (a)    in respect of the undertakings that constitute the branch, and
                                 (b)    in respect of tasks, activities and functions that come within the branch,
for which that person is a certified journeyperson.
(2)  Where a person is an apprentice in an apprenticeship program in a branch of the trade and is employed in respect of another branch of the trade, that apprentice is eligible to carry out work only
                                 (a)    in respect of the undertakings that constitute that branch, and
                                 (b)    in respect of tasks, activities and functions that come within that branch,
for which that person is an apprentice.
Part 2 Auto Body Technician Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
5   The following undertakings constitute the auto body technician branch of the trade:
                                 (a)    the preparation of a substrate for a finish or top coat application;
                                 (b)    the application of a finish or top coat to a substrate;
                                 (c)    the repair of the following components of a motor vehicle:
                                           (i)    the chassis or frame;
                                          (ii)    the body or unibody;
                                         (iii)    a support system damaged in a collision.
Tasks, activities and functions
6   When practising or otherwise carrying out work in the auto body technician branch of the trade, the following tasks, activities and functions come within that branch of the trade:
                                 (a)    use hand, power and auto body tools to perform the undertakings of the branch of the trade;
                                 (b)    perform body damage analyses and prepare repair estimates;
                                 (c)    weld and cut metal sections;
                                 (d)    attach components by welding or using adhesives or fasteners;
                                 (e)    straighten, measure or align motor vehicle components;
                                  (f)    perform paint damage analyses and prepare refinishing estimates;
                                 (g)    recognize substrates;
                                 (h)    manage paint and related materials and inventories;
                                  (i)    fill and sand substrate;
                                  (j)    protect surfaces from the unintended application of a primer product, finish or top coat;
                                 (k)    remove and install trim and non‑structural glass;
                                  (l)    mix paint and primer products;
                                (m)    apply primer, primer‑surfacer, undercoating or corrosion protection material;
                                 (n)    colour match paint;
                                 (o)    apply a finish or top coat;
                                 (p)    polish, wash and clean substrate.
                                 (q)    repealed AR 9/2010 s2.
AR 161/2008 s6;9/2010
Apprenticeship
Term of the apprenticeship program
7(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the auto body technician branch of the trade is 4 periods of not less than 12 months each.
(2)  In the first period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(4)  In the 3rd period of the apprenticeship program, an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(5)  In the 4th period of the apprenticeship program, an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
Employment of apprentices
8(1)  Where, with respect to the employment of apprentices in the auto body technician branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  Subject to subsection (3), a person who is a certified journeyperson in the auto body technician branch of the trade or employs a certified journeyperson in the auto body technician branch of the trade may employ 2 apprentices in that branch of the trade and 2 additional apprentices in that branch for each additional certified journeyperson in that branch that is employed by that person.
(3)  Subsection (2) does not apply to an apprentice who is engaged in an apprenticeship program
                                 (a)    in the auto body technician branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 4th period of that apprenticeship program, or
                                 (b)    in the auto body repairer branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 3rd period of that apprenticeship program.
(4)  For the purposes of subsection (2), a person who is a certified journeyperson in the auto body technician branch of the trade or employs a certified journeyperson in the auto body technician branch of the trade, instead of employing an apprentice in an apprenticeship program in that branch of the trade, may employ an apprentice in an apprenticeship program in any other branch of the trade to carry out any of the undertakings that constitute the apprentice’s branch of the trade.
Wages
9(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the auto body technician branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation (AR 258/2000), pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in the auto body technician branch of the trade:
                                 (a)    55% in the first period of the apprenticeship program;
                                 (b)    70% in the 2nd period of the apprenticeship program;
                                 (c)    75% in the 3rd period of the apprenticeship program;
                                 (d)    80% in the 4th period of the apprenticeship program.
Part 3 Auto Body Repairer Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
10   The following undertakings constitute the auto body repairer branch of the trade:
                                 (a)    the preparation of a substrate for a finish or top coat application;
                                 (b)    the repair of the following components of a motor vehicle:
                                           (i)    the chassis or frame;
                                          (ii)    the body or unibody;
                                         (iii)    a support system damaged in a collision.
Tasks, activities and functions
11   When practising or otherwise carrying out work in the auto body repairer branch of the trade, the following tasks, activities and functions come within that branch of the trade:
                                 (a)    use hand, power and auto body tools to perform the undertakings of the branch of the trade;
                                 (b)    perform body damage analyses and prepare repair estimates;
                                 (c)    weld and cut metal sections;
                                 (d)    attach components by welding or using adhesives or fasteners;
                                 (e)    straighten, measure or align motor vehicle components;
                                  (f)    recognize substrates;
                                 (g)    fill and sand substrate;
                                 (h)    protect surfaces from the unintended application of a primer product, finish or top coat;
                                  (i)    remove and install trim and non‑structural glass;
                                  (j)    mix paint and primer products;
                                 (k)    apply primer, primer‑surfacer, undercoating or corrosion protection material;
                                  (l)    polish, wash and clean substrate.
                                (m)    repealed AR 9/2010 s2.
AR 161/2008 s11;9/2010
Apprenticeship
Term of the apprenticeship program
12(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the auto body repairer branch of the trade is 3 periods of not less than 12 months each.
(2)  In the first period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program, an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(4)  In the 3rd period of the apprenticeship program, an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
Employment of apprentices
13(1)  Where, with respect to the employment of apprentices in the auto body repairer branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  Subject to subsection (3), a person who is a certified journeyperson in the auto body repairer branch of the trade or employs a certified journeyperson in the auto body repairer branch of the trade may employ 2 apprentices in that branch of the trade and 2 additional apprentices in that branch for each additional certified journeyperson in that branch that is employed by that person.
(3)  Subsection (2) does not apply to an apprentice who is engaged in an apprenticeship program
                                 (a)    in the auto body technician branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 4th period of that apprenticeship program, or
                                 (b)    in the auto body repairer branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 3rd period of that apprenticeship program.
(4)  For the purposes of subsection (2), a person who is a certified journeyperson in the auto body repairer branch of the trade or employs a certified journeyperson in the auto body repairer branch of the trade, instead of employing an apprentice in an apprenticeship program in that branch of the trade, may employ an apprentice
                                 (a)    in the auto body refinisher or the auto body prepper branch of the trade to carry out any of the undertakings that constitute the auto body prepper branch of the trade, or
                                 (b)    in the auto body technician branch of the trade to carry out any of the undertakings that constitute the auto body repairer branch of the trade.
Wages
14(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the auto body repairer branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation (AR 258/2000), pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in the auto body repairer branch of the trade:
                                 (a)    55% in the first period of the apprenticeship program;
                                 (b)    70% in the 2nd period of the apprenticeship program;
                                 (c)    80% in the 3rd period of the apprenticeship program.
Part 4 Auto Body Refinisher Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
15   The following undertakings constitute the auto body refinisher branch of the trade:
                                 (a)    the preparation of a substrate for a finish or top coat application;
                                 (b)    the application of a finish or top coat to a substrate;
                                 (c)    the removal and installation of non‑structural components of the body, unibody or frame to repair collision damage to the motor vehicle.
Tasks, activities and functions
16   When practising or otherwise carrying out work in the auto body refinisher branch of the trade, the following tasks, activities and functions come within that branch of the trade:
                                 (a)    use hand, power and auto body tools to perform the undertakings of the branch of the trade;
                                 (b)    perform paint damage analyses and prepare refinishing estimates;
                                 (c)    recognize substrates;
                                 (d)    manage paint and paint related materials and inventories;
                                 (e)    fill and sand substrate;
                                  (f)    protect surfaces from the unintended application of a primer product, finish or top coat;
                                 (g)    remove and install trim and non‑structural glass;
                                 (h)    mix paint and primer products;
                                  (i)    apply primer, primer‑surfacer, undercoating or corrosion protection material;
                                  (j)    colour match paint;
                                 (k)    apply a finish or top coat;
                                  (l)    polish, wash and clean substrate.
                                (m)    repealed AR 9/2010 s2.
AR 161/2008 s16; 9/2010
Apprenticeship
Term of the apprenticeship program
17(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the auto body refinisher branch of the trade is 2 periods of not less than 12 months each.
(2)  In the first period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
Employment of apprentices
18(1)  Where, with respect to the employment of apprentices in the auto body refinisher branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  A person who is a certified journeyperson in the auto body refinisher branch of the trade or employs a certified journeyperson in the auto body refinisher branch of the trade may employ 2 apprentices in that branch of the trade and 2 additional apprentices in that branch for each additional certified journeyperson in that branch that is employed by that person.
(3)  Subsection (2) does not apply to an apprentice who is engaged in an apprenticeship program
                                 (a)    in the auto body technician branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 4th period of that apprenticeship program, or
                                 (b)    in the auto body repairer branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 3rd period of that apprenticeship program.
(4)  For the purposes of subsection (2), a person who is a certified journeyperson in the auto body refinisher branch of the trade or employs a certified journeyperson in the auto body refinisher branch of the trade, instead of employing an apprentice in an apprenticeship program in that branch of the trade, may employ an apprentice in an apprenticeship program in the
                                 (a)    auto body repairer or auto body prepper branch of the trade to carry out any of the undertakings that constitute the auto body prepper branch of the trade, or
                                 (b)    auto body technician branch of the trade to carry out any of the undertakings that constitute the auto body refinisher branch of the trade.
Wages
19(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the auto body refinisher branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation (AR 258/2000), pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in the auto body refinisher branch of the trade:
                                 (a)    55% in the first period of the apprenticeship program;
                                 (b)    70% in the 2nd period of the apprenticeship program.
Part 5 Auto Body Prepper Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch
20   The following undertakings constitute the auto body prepper branch of the trade:
                                 (a)    the preparation of a substrate for a finish or top coat application where the damage is not greater than 3 millimetres in depth;
                                 (b)    the removal and installation of non‑structural components of the body, unibody or frame to repair collision damage to the motor vehicle.
Tasks, activities and functions
21   When practising or otherwise carrying out work in the auto body prepper branch of the trade, the following tasks, activities and functions come within that branch of the trade:
                                 (a)    use hand, power and auto body tools to perform the undertakings of the branch of the trade;
                                 (b)    recognize substrates;
                                 (c)    fill and sand substrate;
                                 (d)    protect surfaces from the unintended application of a primer product, finish or top coat;
                                 (e)    remove and install trim and non‑structural glass;
                                  (f)    mix paint and primer products;
                                 (g)    apply primer, primer‑surfacer, undercoating or corrosion protection material;
                                 (h)    polish, wash and clean substrate.
                                  (i)    repealed AR 9/2010 s2.
AR 161/2008 s21;9/2010
Apprenticeship
Term of the apprenticeship program
22(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the auto body prepper branch of the trade is 2 periods of not less than 12 months each.
(2)  In the first period of the apprenticeship program, an apprentice must acquire not less than 1600 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program, an apprentice must acquire not less than 1800 hours of on the job training.
Employment of apprentices
23(1)  Where, with respect to the employment of apprentices in the auto body prepper branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  A person who is a certified journeyperson in the auto body prepper branch of the trade or employs a certified journeyperson in the auto body prepper branch of the trade may employ 2 apprentices in that branch of the trade and 2 additional apprentices in that branch for each additional certified journeyperson in that branch that is employed by that person.
(3)  Subsection (2) does not apply to an apprentice who is engaged in an apprenticeship program
                                 (a)    in the auto body technician branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 4th period of that apprenticeship program, or
                                 (b)    in the auto body repairer branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 3rd period of that apprenticeship program.
(4)  For the purposes of subsection (2), a person who is a certified journeyperson in the auto body prepper branch of the trade or employs a certified journeyperson in the auto body prepper branch of the trade, instead of employing an apprentice in an apprenticeship program in that branch of the trade, may employ an apprentice in an apprenticeship program in any other branch of the trade to carry out any of the undertakings that constitute the auto body prepper branch of the trade.
Wages
24(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the auto body prepper branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation (AR 258/2000), pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in the auto body prepper branch of the trade:
                                 (a)    55% in the first period of the apprenticeship program;
                                 (b)    70% in the 2nd period of the apprenticeship program.
Part 6 Repeals, Expiry and Coming into Force
Repeal
25   The Auto Body Technician Trade Regulation (AR 117/2002) is repealed.
Expiry
26   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2017.
Coming into force
27   This Regulation comes into force on February 1, 2009.
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