Bricklayer Trade Regulations
made under Section 29 of the
Apprenticeship and Trades Qualifications Act
S.N.S. 2003, c. 1
O.I.C. 71-1059 (October 19, 1971), N.S. Reg. 78/71
as amended by O.I.C. 96-268 (April 16, 1996), N.S. Reg. 75/96
1 In these regulations:
(a) "Act" means the Apprenticeship and Trades Qualifications Act;
(b) "bricklayer trade" or "trade" means the work performed by bricklayers in the construction of walls, partitions, fireplaces, chimneys and other structures from brick and other masonry products such as concrete or light weight block and precast panels made of concrete, stone or marble;
(c) "certified trade" means a designated trade in which persons other than registered apprentices or persons employed during a probationary period are required to hold a current certificate of qualification;
(d) "Director" means the Director of Apprenticeship and Trades Qualifications;
(e) "interprovincial standards" means the trade qualifications or requirements prescribed by the provinces and territories of Canada;
(f) "journeyman" means a person who holds a provincial certificate of qualification for the bricklayer trade;
(g) "Minister" means the Minister of Labour and Advanced Education;
[Note: the Department name has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]
(h) "resident" means any person who makes his home and is ordinarily present in Nova Scotia.
2 No person shall enter into a contract of apprenticeship either as or with an apprentice in the trade unless the person being apprenticed has successfully completed grade twelve or its equivalent in the course skills required by the trade/occupation.
Section 2 replaced: O.I.C. 96-268, N.S. Reg. 75/96.
3 (1) The term of apprenticeship training for the trade is four years and shall include a probationary period, the maximum of which shall be three months.
(2) A minimum of six thousand hours of practical experience must be worked before the apprenticeship period is deemed to be completed.
(3) Where a person has previous experience in the trade he may be granted a credit of not more than two years toward the completion of the apprenticeship term, such credit being based on the results of an examination and a report from the previous employer.
(4) Subject to subsections (5) and (6), where a person has successfully completed a vocational school course in the trade, approved by the Director, he is entitled to a credit of one year towards the completion of his apprenticeship term.
(5) Where under subsection (4) a credit is granted to an apprentice the Director may, after the apprentice has completed not less than three months permanent employment, increase this credit basing his discretion upon the recommendation from the employer, the recommendation of the school from which the apprentice graduated and the finding of the Examining Board.
(6) An increase in credit may be granted under subsection (4) for any period not exceeding twelve months and shall be retroactive to the first day of permanent employment.
(7) Where an apprentice comes from another province in Canada to Nova Scotia he may be granted a credit equal to that to which he is entitled in that province.
4 Except as varied by these regulations, the working hours and conditions of work of an apprentice shall be the same as the working hours and conditions of work of a journeyman on the job where the apprentice is employed.
5 (1) The Director shall not register a contract where the rate of wages is less than the schedule set forth by these trade regulations provided that in no case shall the rate be less than the current minimum rate set by the minimum wage order.
(2) Where the term "six months" is used in the wage schedule, it means the period required to satisfactorily complete six months (one thousand hours) of apprenticeship training.
(3) The wage schedule for the Trade is as follows:
for the first 6 months, 52% of the journeyman's rate on the job;
for the second 6 months, 58% of the journeyman's rate on the job;
for the third 6 months, 64% of the journeyman's rate on the job;
for the fourth 6 months, 70% of the journeyman's rate on the job;
for the fifth 6 months, 76% of the journeyman's rate on the job;
for the sixth 6 months, 82% of the journeyman's rate on the job;
for the seventh 6 months, 88% of the journeyman's rate on the job;
for the eighth 6 months, 94% of the journeyman's rate on the job.
6 (1) The Director may, from time to time, after consultation with persons engaged or employed in the trade, prescribe the number and nature of educational classes to be attended by apprentices registered in the trade.
(2) When an apprentice does not attend the prescribed classes for the trade, the practical experience gained after such failure to attend shall not apply to the completion of the apprenticeship period and his period shall not advance until such time as he attends the prescribed classes.
(3) The Director may excuse an apprentice from attending the prescribed classes mentioned in subsection (1) at his discretion, whereupon subsection (2) shall not apply.
(4) School training shall be based on the analysis of the bricklayer trade where such analysis has been prepared by the national committee appointed by the federal department responsible for such analyses.
7 When an apprentice fails the examinations or does not attend the prescribed yearly classes for two years in succession, the Director may cancel the apprenticeship agreement.
8 An apprentice shall have a satisfactory kit of basic tools by the end of his probationary period and shall continue to secure additions to this kit according to the demands of his work.
9 An apprentice must maintain a record of his practical on-the-job experience to assist in determining his progress in the trade and as a means for arriving at the correct wage rate to which he is entitled.
10 Upon the successful completion of the four year term of apprenticeship an apprentice shall be issued with a certificate of apprenticeship.
Certificates of qualification
11 The bricklayer trade is hereby designated as a certified trade.
12 A certificate of qualification shall be issued to a person who has completed a period of apprenticeship and has received a certificate of apprenticeship issued under the Act.
13 (1) A person who
(a) has been a resident for not less than three months immediately prior to examination; and
(b) has worked at the bricklayer trade
(i) for not less than five years; or
(ii) for three years and has successfully completed a vocational training course approved by the Director; and
(c) is recommended for journeyman status by two persons who are competent in the trade or employ or supervise persons engaged in the trade and who have sufficient knowledge of the person to vouch for his skill and experience
is eligible to be examined for a journeyman's certificate of qualification.
(2) A registered apprentice will be eligible to be examined for certificate of qualification only after he has completed the prescribed educational classes approved by the Director.
14 Application for examination shall be made to the Director on a form provided by him.
15 If the application is granted, the Director shall fix a place and a time for the examination.
16 A fee of five dollars ($5.00) shall be paid by the applicant prior to the examination.
17 If an applicant passes the examination, the Director shall issue him a certificate of qualification.
18 (1) If an applicant fails in the examination, he shall not be eligible for re-examination until six months have elapsed from the date of examination.
(2) Should the applicant fail a second time he shall not be permitted to be re-examined until such time as he has completed a period of apprenticeship.
(3) The results of the examination which the applicant has failed may be used to determine the training credits allowed to the failing applicant toward the period of his apprenticeship.
19 Application for a certificate without examination shall be made to the Director on a form provided by him.
20 The Director, on the recommendation of an Examining Board, shall issue a certificate of qualification without examination to any person who is engaged in the trade on the date that these regulations come into force and who satisfies the Board that he is eligible for an examination in accordance with Section 13 and who makes application for a certificate of qualification within two years after these regulations come into force.
21 The Director may issue a certificate of qualification without examination to a person who has been a resident of Nova Scotia for three months and holds a provincial certificate of qualification which is recognized by the licensing authority in the province from which he comes as having attained interprovincial standards.
22 (1) The Director may issue a special certificate to a person who is not fully qualified in all branches of the trade, or who will perform special functions only in the trade, or whose circumstances are such that a special certificate is warranted.
(2) The special functions or circumstances for which a special certificate is issued shall be clearly stated on the face of such certificate.
(3) A special certificate shall be issued on the basis of an examination.
(4) The eligibility of a person to be examined for a special certificate and the type and content of such examination shall be determined by an Examining Board.
23 (1) When the Director issues a certificate, he shall issue an identification card indicating the type of certificate.
(2) Identification cards for certificates recognized as having attained interprovincial standards shall be readily identified.
24 The holder of a certificate of qualification or special certificate shall provide his identification card upon the request of
(a) an officer appointed to carry out the Apprenticeship and Trades Qualifications Act; or
(b) any person having authority under any Act to inspect the work in which the certificate holder is engaged; or
(c) any person who has hired the services of the certificate holder.
25 (1) When an Examining Board, after due inquiry, finds that a certificate has been issued on the basis of false information, or the holder of a certificate of qualification or a special certificate has acted in a manner that is not consistent with good practice in the trade, or that is detrimental or hazardous to property or public safety, and recommends that the certificate be suspended or cancelled, the Director may suspend or cancel the certificate.
(2) An Examining Board shall not recommend that a certificate be suspended or cancelled until the Board has given to the holder of the certificate notice of the matters alleged against him and has given him an opportunity to be heard and to adduce evidence on his own behalf.
26 When the Director suspends or cancels a certificate, he shall forthwith give written notice of his action to the holder of the certificate by registered prepaid post, addressed to the holder's last known address.
27 When a certificate of qualification or a special certificate is suspended or cancelled, the holder shall return the certificate to the Director forthwith after receiving a written notice of cancellation or suspension.
28 An appeal against the cancellation or suspension of a certificate of qualification or a special certificate may be made to the Minister within fifteen days after the holder of the certificate receives written notice of the suspension or cancellation and the Minister may confirm, modify, or reverse the action of the Director.
29 An Examining Board for the purpose of these regulations shall consist of three persons appointed by the Director, one of which shall be appointed as chairman, another representing employers, and the third person representing employees.
30 After January 1, 1973, no person other than a registered apprentice or a person employed during a probationary period shall engage in the bricklayer trade unless he holds a current certificate of qualification or a current special certificate.
31 (1) Subject to subsection (2) after January 1, 1973, no person shall employ a person to engage in the certified trade who does not hold a current certificate of qualification or a current special certificate.
(2) This Section does not apply to the employment of a registered apprentice or a person employed during a probationary period.
32 (1) Subject to these regulations certificates of qualification and special certificates shall be valid for a period of five years from the date of issue or renewal.
(2) Applications for renewal of certificates shall be made to the Director before the end of each five-year period.
(3) The fee for renewal of certificates or for duplicate certificates shall be five dollars ($5.00).
33 All regulations respecting the bricklayer trade heretofore made under the Act are repealed.
[Please note: the trade name has been amended to comply with the Trade Names Equivalency Regulations, O.I.C. 97-564, N.S. Reg. 113/97.]