Apprenticeship and Trades Qualifications Act General Regulations
made under Section 29 of the
Apprenticeship and Trades Qualifications Act
S.N.S. 2003, c. 1
O.I.C. 2003-304 (June 27, 2003, effective July 1, 2003), N.S. Reg. 129/2003
as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 74/2015
1 These regulations may be cited as the Apprenticeship and Trades Qualifications ActGeneral Regulations.
2 In these regulations,
(a) “Act” means the Apprenticeship and Trades Qualifications Act;
(b) “apprenticeship program” means a defined program of practical experience,technical training and certification examination undertaken by an apprentice ina designated trade;
(c) “certification examination” means the Provincial certification examination orthe interprovincial certification examination required for a certificate ofqualification;
(d) “department” means the Department of Labour and Advanced Education;
[Note: the Department name has been updated in accordance with Order in Council 2011-15 under thePublic Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]
(e) “identity card” means an identity card issued by the Director pursuant toSection 34;
(f) “interprovincial red seal” means an interprovincial red seal issued in a tradeunder the Canadian Council of Directors of Apprenticeship InterprovincialStandards (Red Seal) Program;
(g) “level” means a stage of practical experience and related technical trainingwithin an apprenticeship program;
(h) “occupational analysis” means the National Occupational Analysis publishedby the government of Canada for a designated trade, or if no NationalOccupational Analysis exists, the Provincial occupational analysis for thatdesignated trade published by the Province;
(i) “record of occupational progress” means an apprentice’s log book in which theemployer records the apprentice’s hours of practical experience and the taskslearned or completed by the apprentice throughout the term of apprenticeship;
(j) “tasks” means the tasks, including the sub-tasks, specified in an occupationalanalysis;
(k) “term of apprenticeship” means the time required to complete anapprenticeship program, in accordance with Section 12;
(l) “trade regulations” means regulations made under the Act respecting aparticular designated trade;
(m) “trade qualifier” means a person who has applied under Section 30 for acertificate of qualification and has not received the certificate for which theapplication was made;
(n) “training provider” means a person, union, organization or association who hasan agreement with the Director under Section 18 to deliver technical training;and
(o) “youth apprentice” means a person who is a party to an apprenticeshipagreement while registered in a youth apprenticeship program.
3 For the purpose of these regulations, an apprentice is under the direct supervision of ajourneyperson if
(a) the journeyperson is on site and readily available;
(b) the journeyperson mentors the apprentice, through instruction, demonstrationand feedback, in order to provide the technical information, knowledge andguidance necessary for the apprentice to work and develop skills in the trade toa standard of competence expected of
(i) a person who has reached the apprentice’s level in the apprenticeshipprogram, or
(ii) a journeyperson in the trade; and
(c) the extent of supervision by the journeyperson is proportionate to the degree ofrisk present while the apprentice is performing a task.
Inconsistency with trade regulations
4 (1) These regulations apply generally to all designated trades.
(2) If trade regulations are inconsistent with these regulations, these regulations prevail,unless expressly stated otherwise in these regulations.
Section 4 replaced: O.I.C. 2004-219, N.S. Reg. 160/2004.
Responsibilities of Director
Director’s powers and duties
5 (1) In addition to the powers and duties of the Director prescribed in the Act, theDirector must
(a) maintain a registry of all apprenticeship agreements, including a record of thepractical experience gained and technical training completed by eachapprentice;
(b) advise an apprentice and an employer of their respective responsibilities underan apprenticeship agreement;
(c) establish an examination schedule;
(d) establish a training schedule; and
(e) provide for the manner and time of examinations of apprentices and tradequalifiers, and the conditions under which examinations must be conducted.
(2) In carrying out the powers and duties prescribed in the Act and in subsection (1), theDirector may
(a) approve skills upgrading and skills enhancement training, for trade qualifiersand journeypersons;
(b) prescribe the form of
(i) an apprenticeship agreement,
(ii) training standards, and
and other documents or agreements necessary for the operation of anapprenticeship program; and
(c) provide reasonable accommodation to assist persons to complete examinations.
Youth apprenticeship program
6 The Director may assist in the development, operation and maintenance of a youthapprenticeship program.
Requirements for Apprenticeship Agreements
Apprentice eligibility requirements
7 A person is eligible to enter into an apprenticeship agreement to become an apprentice ifthe person is employed and
(a) has attained a Canadian High School Graduation Completion diploma orequivalent;
(b) has the educational prerequisites and the essential skills prescribed in theapplicable trade regulations;
(c) is a youth apprentice; or
(d) is at least 19 years old and, through assessment by the Director, hasdemonstrated to the Director that the person has the knowledge and skillsrelevant and appropriate for apprenticeship in a particular trade.
Employer eligibility requirements
8 A person, corporation, partnership, unincorporated association or a municipal, provincialor other public authority is eligible to enter into an apprenticeship agreement as anemployer, if the person or body
(a) can provide suitable practical experience in the designated trade specified inthe apprenticeship agreement;
(b) can ensure supervision of the apprentice;
(c) will provide the apprentice the opportunity to participate in technical trainingand take examinations
in accordance with these regulations, and meets any other conditions prescribed in theapplicable trade regulations.
Requirements for parties to apprenticeship agreement
9 An apprenticeship agreement may be entered into only by a person who meets theeligibility requirements prescribed in Section 7 and a person or body who meets theeligibility requirements of Section 8.
Training provided for in apprenticeship agreement
10 An apprenticeship agreement must provide for apprenticeship training that enables theapprentice to learn a designated trade in accordance with the Act and regulations madeunder the Act.
Registering apprenticeship agreement
11 A party to an apprenticeship agreement who applies to the Director to have the agreementregistered under subsection 18(2) of the Act must
(a) submit the apprenticeship agreement in the form prescribed by the Director;
(b) submit evidence satisfactory to the Director that the requirements of the Actand regulations made under the Act have been met; and
(c) pay the fee prescribed in subsection 44(1).
Term of apprenticeship
12 (1) A term of apprenticeship is as prescribed in the applicable trade regulations, or in theabsence of applicable trade regulations, by the Director.
(2) A term of apprenticeship may include a probationary period of a duration prescribedin the applicable trade regulations or, in the absence of applicable trade regulations, aprobationary period of up to 3 months.
Subsection 12(2) replaced: O.I.C. 2004-219, N.S. Reg. 160/2004.
(3) An apprenticeship agreement is permitted to remain in effect no longer than 1.5times the specified term of apprenticeship, unless otherwise authorized by theDirector.
Responsibilities of apprentice
13 An apprentice must
(a) ensure that their hours of practical experience worked and the tasks that theyhave learned or completed are accurately documented in their record ofoccupational progress;
(b) make their record of occupational progress available to
(i) their employer, to enable the completion of the employer’s portion of therecord, and
(ii) the Director, upon request;
(c) remit tuition and other fees when required;
(d) provide their address to the Director and notify the Director in writing within15 days of any change to their name or address;
(e) notify the Director, in writing if requested by the Director, within 15 days ofthe event if
(i) the apprentice is suspended by their employer,
(ii) the apprentice ceases to be employed as an apprentice by their employer,or
(iii) their employer fails to provide the apprentice with practical experience orthe opportunity to participate in technical training; and
(f) participate in and complete technical training prescribed by the Director.
Responsibilities of employer
14 An employer must
(a) pay an apprentice in accordance with Section 25;
(b) provide direct supervision for an apprentice;
(c) accurately record in the apprentice’s record of occupational progress
(i) the hours of practical experience worked by an apprentice,
(ii) the tasks learned and completed by an apprentice as confirmed by thesupervising journeyperson,
and any other information needed to complete the employer’s portion of anapprentice’s record of occupational progress;
(d) allow an apprentice to participate in the required technical training and to takeexaminations;
(e) if an apprentice is laid off to participate in technical training, re-employ theapprentice on completion of the training;
(f) ensure that the daily hours of practical experience of an apprentice do not beginearlier or end later in each day than the daily working hours of thejourneyperson under whose supervision the apprentice is working;
(g) ensure that the working conditions of an apprentice are the same as theworking conditions of a journeyperson in the workplace where the apprenticeis employed; and
(h) notify the Director in writing within 15 days of the event if
(i) an apprentice is suspended from the workplace,
(ii) an apprentice ceases to be employed as an apprentice, or
(iii) the employer fails to provide an apprentice with practical experience orallow an apprentice to participate in technical training.
Apprentice transferring to new employer
15 An employer who enters into an apprenticeship agreement with an apprentice who waspreviously a party to another apprenticeship agreement that was registered must
(a) register the new apprenticeship agreement with the Director; and
(b) pay the apprentice and provide for the training of the apprentice consistent withthe level that the apprentice attained under the previous agreement.
Prior Learning Assessment and Recognition (Granting of Credits)
Credit for prior learning
16 (1) When an apprentice agreement is being registered, the apprentice under theagreement may also apply to the Director to receive credit for previous relevanttraining and experience, subject to the limits established by the Director.
(2) The Director may require that an apprentice who applies to receive credit undergo anassessment to determine the amount and type of credit, if any, to be granted forprevious training and experience.
(3) The Director must consider the results of any assessment under subsection (2), whengranting an apprentice credit pursuant to subsection 18(5) of the Act.
(4) If the Director grants credit to an apprentice under subsection 18(5) of the Act, theamount of credit granted for
(a) technical training must reduce the overall technical training requirements forthe apprentice; and
(b) practical experience may reduce the overall practical experience requirementsfor the apprentice.
Accreditation of Training Providers
Accreditation of training providers
17 (1) The Director may accredit a training provider if
(a) the Director is of the opinion that the training provider will provide
(i) a technical training program approved by the Director to meet some orall of the technical training requirements, including standards, of anapprenticeship program for a designated trade,
(ii) instructors who are qualified to provide the technical training for adesignated trade,
(iii) tools and equipment that meet the] standards prescribed by the Directorfor a designated trade,
(iv) a facility that is suitable for the technical training for a designated trade;
(b) the training provider provides verification of financial viability of the trainingprovider; and
(c) the training provider pays the fees prescribed in subsection 44(10) foraccreditation of the training provider and subsection 44(11) for programapproval.
(2) In accrediting a training provider under subsection (1), the Director may
(a) specify the levels, or portions of levels, of technical training that a successfulgraduate of the training provider will receive toward a certificate ofqualification in a designated trade;
(b) specify the period of time for which the accreditation is granted;
(c) provide an accreditation number to the training provider; and
(d) impose conditions on the accreditation.
Agreements re accreditation
18 Before being granted accreditation, a training provider must enter into an agreement withthe Director that enables the Director to obtain any of the following:
(a) copies of the attendance records for participants who receive training as part ofan apprenticeship system;
(b) copies of test questions, forms and other evaluation instruments used;
(c) copies of the grades attained by participants who receive training as part of anapprenticeship system;
(d) access to the facilities of the training provider to enable the Director to evaluatethe suitability of the equipment, tools and facilities used in the trainingprogram;
(e) any document or report the Director may require for the purpose of ongoingevaluation of the training provider and training program.
Technical training program content
19 A technical training program must be based on, but is not restricted to, the occupationalanalysis of the trade and must be in accordance with the training standards approved by theDirector.
Cancellation of accreditation
20 The Director may cancel the accreditation of a training provider if the training provider
(a) fails to meet the accreditation requirements of clause 17(1)(a);
(b) fails to comply with a condition imposed under clause 17(2)(d); or
(c) fails to comply with an agreement entered into under Section 18.
Accreditation coming into effect
21 (1) A training provider who, upon the coming into force of the Act, is a party to anagreement with the Minister to deliver technical training is not required to beaccredited pursuant to Section 17 for the term of the agreement in respect of thedelivery of technical training programs pursuant to the agreement.
(2) A training provider referred to in subsection (1) who wishes to deliver technicaltraining programs not referred to in the agreement must be accredited by the Directorpursuant to Section 17 for the delivery of those programs.
22 If hours that an apprentice works overtime are included in the apprentice’s hours ofpractical experience, they must be included on an hour per hour basis.
Minimum ratio of apprentices to journeypersons
23 (1) An employer must maintain a minimum ratio of 1 journeyperson to each apprenticein a designated trade, unless otherwise indicated in the trade regulations for thatdesignated trade, and subject to any additional terms and conditions pertaining tojourneypersons and apprentices in relation to the minimum ratio that may be set outin the trade regulations.
Subsection 23(1) replaced: O.I.C. 2014-16, N.S. Reg. 8/2014.
(2) An employer who is a journeyperson in the designated trade may be included incalculating a ratio under subsection (1).
(3) An apprentice who has been granted credit by the Director pursuant to Section 16 forall practical experience requirements of an apprenticeship program may, at thediscretion of the Director, be excluded in calculating a ratio under subsection (1).
Increase in ratio of apprentices to journeypersons
24 (1) Despite the minimum ratio set out in Section 23, or in trade regulations, an employermay apply to the Director, in the form approved by the Director, for permission toemploy a higher ratio of apprentices to journeypersons.
(2) The Director may permit an employer to employ a higher ratio of apprentices tojourneypersons if the Director is satisfied that
(a) the increase is required because, as a result of an insufficient number ofjourneypersons in the area where the employer carries on business,
(i) the employer requires a journeyperson for services other than thesupervision of apprentices by the journeyperson,
(ii) there is an insufficient number of journeypersons to provide the servicesrequired by the employer in addition to the supervision of apprentices,and
(iii) the employer is unable to carry out the work to which the employer iscommitted when complying with the minimum ratio; and
(b) the employer is committed to the advancement of apprenticeship training inNova Scotia and, in particular,
(i) is in compliance with the Act, these regulations and the applicable traderegulations at the time of the request, and
(ii) is prepared to abide by any terms and conditions specified by theDirector under subsection (3).
(3) Permission for an increase in the ratio of apprentices to journeypersons under thisSection is subject to any terms and conditions considered appropriate by theDirector, including requiring a journeyperson to receive journeyperson mentortraining, and may be cancelled if the employer fails to comply with a term orcondition specified, or a provision of the Act or regulations made under the Act.
Apprentice wage rates
25 (1) Unless a higher minimum wage rate is prescribed by another enactment, other thanthe applicable trade regulations, the wage rate for an apprentice must be not less thanthe wage rate to which the apprentice is entitled upon successful completion of bothtechnical training and practical experience as set out in the applicable traderegulations or, if there are no applicable trade regulations,
(a) the starting wage rate must be not less than 110% of the minimum wage ratefor experienced employees as set out in the Minimum Wage Order (General)under the Labour Standards Code; and
(b) each wage increase, for every 2000 documented hours of related practicalexperience along with completion of the proportional amount of relatedtechnical training, must be not less than 10% above the previous wage rate.
(2) An employer is not required to pay wages, nor prohibited from paying wages, to anapprentice while the apprentice participates in technical training.
(3) An employer is not required to increase, nor prohibited from increasing, the wages ofan apprentice when the apprentice has not completed the technical training within alevel of their apprenticeship program.
(4) If a credit has been granted to an apprentice pursuant to Section 16, the apprentice'swage rate must be not less than the wage rate of an apprentice who has completed asimilar level of apprenticeship in the trade.
(5) A recognized association that enters into an apprenticeship agreement with anapprentice is not required to pay wages or any benefits to the apprentice, but therecognized association must ensure an apprentice is paid in the same manner as thejourneyperson under whose supervision the apprentice is working.
Criteria for advancing between levels in apprenticeship program
26 (1) An apprentice may advance to the next level in an apprenticeship program uponcompleting the apprentice’s current level.
(2) To complete a level in an apprenticeship program, an apprentice must
(a) spend the amount of time in the apprentice’s current level as prescribed by theapplicable trade regulations;
(b) attain a satisfactory grade in all technical training required for that level;
(c) complete the number of hours of practical experience prescribed in theapplicable trade regulations for that level; and
(d) pay all applicable tuition fees prescribed in subsections 44(2) and (3).
(3) An apprentice who does not participate in the technical training required for theapprentice’s current level will not receive credit for practical experience until theapprentice participates in the technical training required for that level.
(4) The Director may, on terms and conditions satisfactory to the Director, excuse anapprentice from participating in a technical training course, if the Director is satisfiedthat there are circumstances beyond the control of the apprentice and the apprenticeintends to participate in the next available course sitting.
(5) If an apprentice fails to pay tuition, the Director may deny the apprentice enrollmentin further technical training, the opportunity to write examinations, or advancementin the apprenticeship program.
(6) The Director, upon giving written notice to the apprentice, may prohibit theapprentice from enrolling in technical training, writing examinations, or advancing inthe apprenticeship program if the Director is of the opinion that the apprentice
(a) has ceased to be employed in, or ceased to perform the tasks of the designatedtrade; or
(b) does not demonstrate satisfactory advancement in the program or refuses toparticipate in 2 successive sections of the prescribed technical training.
(7) Within 12 months of receiving a notice under subsection (6), an apprentice mustsatisfy the Director that the apprentice is qualified and able to continue theirapprenticeship in the trade, otherwise, the Director may conclude that the apprenticeis not receiving the apprenticeship training required under the Act and regulationsmade under the Act and cancel the registration of the apprenticeship agreement forthat apprentice.
Conditions of apprenticeship training
27 (1) In apprenticeship training, an apprentice must
(a) advance in practical experience or technical training at a reasonable rate;
(b) remain continuously employed in the designated trade specified in theapprenticeship agreement for a period as prescribed in the applicable traderegulations;
(c) remain in the designated trade specified in the apprenticeship agreement;
(e)* participate in the required practical experience;
(f) participate in the required technical training; and
(g) abide by the terms and conditions of the apprenticeship agreement, the Act andregulations made under the Act .
[*Note: lettering as in original.]
(2) In apprenticeship training, an employer must
(a) maintain the minimum ratio of journeypersons to apprentices prescribed for thedesignated trade, unless permission for an increased ratio is given underSection 24;
(b) provide adequate time and scope of practical experience for the apprentice inthe designated trade;
(c) permit the apprentice to participate in technical training; and
(d) abide by the terms and conditions of the apprenticeship agreement, the Act andregulations made under the Act.
(3) If an apprentice fails to meet the requirements of subsection (1) or an employer failsto meet the requirements of subsection (2), the apprentice is deemed to be notreceiving the apprenticeship training required under the Act and regulations madeunder the Act, and the apprenticeship agreement is subject to suspension orcancellation pursuant to subsection 18(6) of the Act.
(4) If the Director receives written notice of termination of an apprenticeship agreementfrom one party pursuant to subsection 18(7) of the Act, the Director must notify bothparties in writing of the cancellation of the registration of the apprenticeshipagreement.
Eligibility to take examination for certificate of apprenticeship
28 (1) An apprentice who has successfully completed the practical experience and technicaltraining components of the apprenticeship program for a designated trade is eligibleto take the certification examination, for a certificate of apprenticeship in that trade.
Subsection 28(1) replaced: O.I.C. 2004-219, N.S. Reg. 160/2004.
(2) An apprentice who is eligible to take the certification examination is entitled to takethe examination upon applying to the Director, in the form approved by the Director,and paying the fee prescribed in subsection 44(4) or (5), as applicable, for thatexamination.
Certification through apprenticeship qualification
29 (1) An apprentice who has been granted credit by the Director pursuant to subsection18(5) of the Act for all practical experience required for an apprenticeship programis not eligible to receive a certificate of apprenticeship.
(2) For the purpose of Section 21 of the Act, an apprentice has successfully completed acertification examination if the apprentice has attained a grade of 70% or higher onthe certification examination, or a grade that the Director considers satisfactory onthe practical examination, if any, for the designated trade.
(3) In addition to the requirements of clause 21(1)(a) of the Act, an apprentice must havesuccessfully completed any other requirement for being granted a certificate ofqualification prescribed in the applicable trade regulations.
Certificate through trade qualification
30 (1) The Director may issue a certificate of qualification in a designated trade to a personwho does not hold a certificate of apprenticeship in the trade if the person appliesand
(a) provides evidence acceptable to the Director that the person has been employedin the designated trade during the 10 years immediately before their applicationand,
(i) if there are no trade regulations for the designated trade, has beenemployed in the designated trade for a period of time that is at least 1.5times the term of apprenticeship for the designated trade, or
(ii) if there are trade regulations for the designated trade,
(A) has completed the practical experience prescribed in the traderegulations as a requirement of eligibility to be examined for acertificate of qualification, or
(B) has been employed in the designated trade for the period of timethat is prescribed in the applicable trade regulations for the purposeof this Section;
Clause 30(1)(a) replaced: O.I.C. 2004-219, N.S. Reg. 160/2004.
(b) is able to demonstrate, to the approval of the Director, competence in the tasksof the designated trade;
(c) is recommended for a certificate of qualification by 2 persons who are, in theopinion of the Director, qualified in the trade and who have vouched for theperson’s skill and experience;
Clause 30(1)(c) amended: O.I.C. 2004-219, N.S. Reg. 160/2004.
(d) completes the certification examination for the designated trade with a mark of70% or greater;
(e) meets any other applicable requirements prescribed in the trade regulations forthe designated trade; and
(f) pays the fee prescribed in subsection 44(8).
Subsection 30(1) amended: O.I.C. 2004-219, N.S. Reg. 160/2004.
(2) Despite subsection (1), if a person applies for a certificate of qualification in adesignated trade within 2 years after the date that the trade is first designated, theDirector may issue a certificate of qualification in the designated trade to the personif the person
(a) meets the requirements of clauses (1)(a), (b), (d) and (e);
(b) is able to satisfy the Director that the person has received training that relates tothe trade and that is acceptable to the Director; and
(c) is recommended for a certificate of qualification by 2 persons who are, in theopinion of the Director, knowledgeable in the trade and who have vouched forthe person’s skill and experience.
Subsection 30(2) added: O.I.C. 2004-219, N.S. Reg. 160/2004.
Certificate of proficiency
30A(1) To be eligible for a certificate of proficiency under subsection 21(1A) of the Act, aperson must have worked at least 20 000 hours in a designated trade and must meetat least 1 of the following criteria:
(a) they experience cultural barriers, or barriers to literacy or education;
(b) they speak some English and need time to develop functional English languageskills;
(c) they have unsuccessfully written the certification examination at least twice.
(2) A person may apply for a certificate of proficiency in a manner approved by theDirector, and an application must be accompanied by the fee prescribed insubsection 44(8A).
(3) The Director may impose conditions on a certificate of proficiency to be fulfilled bythe holder of the certificate to assist the holder of the certificate to prepare for thecertification examination.
(4) The Department must monitor a holder of a certificate of proficiency to ensure thatthe holder is fulfilling the conditions of the certificate.
(5) A representative of the department must visit a holder of a certificate of proficiencyat least once a year during the term of the certificate.
(6)A certificate of proficiency is valid for a term of 5 years.
(7) The Director may approve an application to renew a certificate of proficiency for asecond 5-year term.
Section 30A added: O.I.C. 2008-305, N.S. Reg. 295/2008.
Red seal certification
31 (1) The Director must affix an interprovincial red seal on a certificate of qualificationissued to a person if the person has successfully completed the interprovincialcertification examination.
(2) The Director must recognize a certificate of qualification bearing a red seal issued byanother province in Canada as being the equivalent of a certificate of qualificationgranted for that trade in Nova Scotia.
32 (1) An apprentice referred to in Section 29 or an applicant referred to in Section 30 whofails a certification examination is not eligible for re-examination until 3 monthshave elapsed.
(2) An applicant referred to in subsection (1) who fails the certification examination on asecond or subsequent attempt is not permitted to be re-examined until the applicantcompletes technical training or practical experience acceptable to the Director.
(3) A person, on behalf of apprentices, may arrange a special examination sitting uponthe payment of the fee prescribed in subsection 44(7).
Restriction on certificates
33 (1) The Director may issue only a certificate referred to in the Act and these regulations.
(2) A special certificate issued under the general regulations pursuant to the former Actand in effect on the coming into force of these regulations continues in effect for theduration and under the terms and conditions specified in the special certificate.
34 (1) When the Director registers an apprenticeship agreement or issues a certificate ofqualification to a person, the Director must also issue an identity card to theapprentice or the holder of the certificate, indicating the designated trade.
(2) An apprentice or a holder of a certificate of qualification must keep the identity cardissued to them in their possession when practising the designated trade.
(3) An apprentice or a holder of a certificate of qualification must produce their identitycard upon the request of the Director, or a person authorized by the Minister or theDirector.
Suspension or cancellation of certificate of qualification
35 (1) In addition to the reasons for suspending or cancelling a certificate of qualification inclause 21(2)(a) of the Act, the Director may suspend or cancel a certificate ofqualification if the holder of the certificate of qualification has acted in a manner thatis
(a) not consistent with good practice in their designated trade; or
(b) detrimental or hazardous to property or public safety.
(2) Before the Director suspends or cancels a certificate of qualification, the Directormust give 15 days’ notice to the holder of the certificate of qualification of thematters alleged against the holder and give the holder an opportunity to be heard andpresent evidence on the holder’s behalf.
(3) When the Director suspends or cancels a certificate of qualification, the Directormust give written notice to the holder of the certificate by registered prepaid post,addressed to the holder's last known address.
(4) If a certificate of qualification is suspended or cancelled, the holder of the certificateof qualification must return their certificate and identity card to the Director within24 hours after receiving a written notice of suspension or cancellation.
Suspension or cancellation of certificate of proficiency
35AThe Director may suspend or cancel a certificate of proficiency if the holder fails tocomply with the conditions of the certificate.
Section 35A added: O.I.C. 2008-305, N.S. Reg. 295/2008.
Compulsory Certified Trades
Temporary permit for trade qualifier in compulsory certified trade
36 (1) A temporary permit issued by the Director under Section 23 of the Act to a tradequalifier in a compulsory certified trade is valid for a period not to exceed 3 months.
(2) A trade qualifier must successfully complete the certification examination in theirtrade within the term of their temporary permit.
(3) If a trade qualifier is not examined during the term of their temporary permit inaccordance with subsection (2), and the Director is satisfied that this is due tocircumstances beyond the control of the trade qualifier, the Director may grant anextension of the permit, for a period not to exceed 3 months, to allow sufficient timefor the trade qualifier to be examined.
(4) If a trade qualifier fails to successfully complete the certification examination in theirtrade in accordance with subsection (2) or (3) and is engaged in that trade, and if thetrade qualifier’s employer recommends it, the Director may issue another temporarypermit to the trade qualifier for a period not to exceed 3 months, during which timethe applicant must rewrite the certification examination.
Temporary permit for person other than trade qualifier
37 (1) If the Director is satisfied that the student, person or youth apprentice will receivedirect supervision in a safe working environment, the Director may issue a temporarypermit in a compulsory certified trade to any of the following persons:
(a) a student of the trade who is enrolled in a training institution or working in thetrade while awaiting return to a training institution to continue training;
(b) a person in the trade who is serving a probationary period;
(c) a youth apprentice in the trade;
(d) a person who has applied for a certificate of proficiency in the trade;
(e) a person who holds a certificate of qualification from another jurisdiction in thetrade or who holds documentation issued by another jurisdiction that theDirector considers to be equivalent to a certificate of qualification.
Subsection 37(1) replaced: O.I.C. 2008-305, N.S. Reg. 295/2008.
(2) A permit issued under this Section is valid for a period not to exceed 3 months.
(3) An application for a temporary permit under this Section must be made by theemployer or training institution official responsible for organizing the training, onbehalf of a person referred to in subsection (1).
Exemption from subsections 22(2) and (3) of the Act
38 (1) If an employee, in the course of the employee’s employment, performs a portion, butnot all, of the tasks that come within the scope of a compulsory certified trade, theemployee and the employer may make a joint application for an exemption from theapplication of subsections 22(2) and (3) of the Act.
(2) An application under subsection (1) is permitted for a compulsory certified tradeonly if the trade regulations for the trade allow it.
(3) An application under subsection (1) must be submitted to the Director and mustspecify
(a) the employer’s company name and address and the location of the employee’swork site;
(b) the employee for whom the exemption is requested;
(c) the practical and theoretical training the employee has undertaken or receivedin order to perform the tasks required in the course of the employee’s workwithin the scope of the compulsory certified trade; and
(d) the type of equipment to be used by the employee in the course of theemployee’s work within the scope of the compulsory certified trade.
(4) The Director may grant an exemption from the application of subsections 22(2) and(3) of the Act to applicants under subsection (1) if the Director is satisfied that theapplication provides evidence to reasonably conclude that the employee can performthe tasks specified in the application in a safe and knowledgeable manner.
(5) An exemption granted under subsection (4) expires on the date specified by theDirector, and is subject to any terms and conditions specified by the Director, whichmay include
(a) limiting the employee to performing specific tasks, or performing them at aspecified work site, or both;
(b) requiring the employer to provide supervision as specified,
and any other term or condition that the Director reasonably requires.
Revocation of exemption from subsections 22(2) and (3) of the Act
39 An exemption granted under subsection 38(4) must be revoked
(a) if the exempted employee ceases to be employed by the exempted employer;
(b) if the equipment specified in the application is no longer used by the exemptedemployee or kept by the exempted employer; or
(c) if the exempted employee or the exempted employer fails to observe a term orcondition imposed by the Director under subsection 38(5).
Renewal of exemption from subsections 22(2) and (3) of the Act
40 (1) Subject to the applicable trade regulations, an employer and an employee may jointlyapply to renew an exemption granted under subsection 38(4) by applying to theDirector at least one month prior to the expiry date of the exemption.
(2) Subsections 38(2) to (4) apply, with the necessary changes in details, to anapplication for the renewal of an exemption.
Renewal of certificate of qualification in compulsory certified trade
41 (1) A certificate of qualification for a compulsory certified trade is valid for a term of 5years, unless the applicable trade regulations provide for a different term.
(2) The Director may renew a certificate of qualification for a compulsory certified tradeif the holder of the expired certificate pays the fee prescribed in subsection 44(6) andmeets any other requirements of the applicable trade regulations.
Recognition of certificate of qualification from other jurisdiction
42 (1) The Director may recognize a certificate of qualification that was issued in anotherjurisdiction and that does not bear an interprovincial red seal, if
(a) the certificate is for a trade that is a compulsory certified trade; and
(b) the Director is satisfied that the requirements for obtaining the certificate in thejurisdiction that issued it are generally consistent with those in Nova Scotia.
(2) The Director may issue a certificate of qualification and identity card to ajourneyperson who holds a certificate recognized by the Director under subsection(1) if the journeyperson requests a certificate and pays the fees prescribed insubsection 44(9).
Notice and Fees
Address for notice
43 If the Act or regulations made under the Act require written notice to be provided, thenotice must be sent by certified mail to, as the circumstances require,
(a) the employer at the address provided by the employer when registering anapprenticeship agreement or at the last known address; and
(b) the apprentice at the address of the apprentice as provided in clause 13(d) or atthe last known address.