Painter and Decorator Trade Regulations

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Painter and Decorator Trade Regulations
made under Section 29 of the
Apprenticeship and Trades Qualifications Act
R.S.N.S. 2003, c. 1
O.I.C. 70-735 (August 4, 1970), N.S. Reg. 6/70
as amended by O.I.C. 96-268 (April 16, 1996), N.S. Reg. 75/961 In these regulations,
(a) "Act" means the Apprenticeship and Trades Qualifications Act;
(b) "Minister" means the Minister 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.]
(c) "Director" means the Director of Apprenticeship and Trades Qualifications;
(d) "painter and decorator trade" or "trade" means the preparation of surfaces and the painting of buildings and structures, which includes the mixing of paints, matching colours, the use of painting tools [and] equipment [and] the application of wall coverings.
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 three years and shall include a probationary period the maximum of which shall be three months.
(2) Where an apprentice 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.
(3) Subject to subsection[s] (4) and (5), where an apprentice 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.
(4) Where under subsection (3) a credit is granted to an apprentice the Director may, after the apprentice has completed not less than three months permanent employment, increase or diminish this credit, basing his discretion upon the recommendation from the employer, the recommendation of the school from which the apprentice graduated, and the findings of the Examining Board.
(5) 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.
(6) Where an apprentice comes from another province in Canada to Nova Scotia, he shall be granted a credit equal to that to which he is entitled in the province from which he comes.
4 (1) Subject to subsection (2), every employer in the painter and decorator trade may employ one apprentice for the first journeyman and thereafter such further apprentices on [at] the rate of one apprentice to three journeymen.
(2) The ratio of apprentices to journeymen employed in an establishment may be varied from time to time, with the approval of the Minister, after consideration of the employment situation and the availability of certified journeymen in the trade.
5 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.
6 (1) The Director shall not register a contract where the rate of pay is less than the schedule set forth in subsection (3) 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 six months apprentice rate is 50%,
second six months apprentice rate is 55%,
third six months apprentice rate is 60%,
fourth six months apprentice rate is 70%,
fifth six months apprentice rate is 80%,
sixth six months apprentice rate is 90%,
of maximum journeyman's rate in place of employment.
7 (1) The Director may, from time to time after consultation with the trade, prescribe the number and nature of education classes to be attended by apprentices registered in the trade.
(2) Notwithstanding subsection (3), 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 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.
(4) School training shall be based on the analysis of the trade where such analysis has been prepared by the national committee appointed by the federal department responsible for such analyses.
8 When an apprentice fails to pass the examinations or does not attend the prescribed yearly classes for two years in succession, the Director may consider this sufficient cause for the cancellation of the apprenticeship agreement.
9 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.
10 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 percentage to which he is entitled.
11 Upon the successful completion of the term of apprenticeship an apprentice shall be issued with a certificate of apprenticeship.

Certificates of qualification
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) is a resident of Nova Scotia;
(b) has worked at the trade
(i) for not less than three years, or
(ii) for two 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 a 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 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.
(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 for the period of his apprenticeship.
19 A person who is a resident of Nova Scotia and the holder of a provincial certificate of qualification which is recognized by interprovincial standards in the province from which he comes, may be issued with a certificate of qualification under these regulations without examination.
20 (1) When the Director issues a certificate, he shall issue an identification card indicating the type of certificate.
(2) Identification cards for certificates recognized by interprovincial standards shall be readily identified.
21 The holder of a certificate of qualification must display the certificate in a conspicuous location in the place of his employment.
22 (1) When an Examining Board after due inquiry finds that a certificate has been issued on the basis of false testimony or the holder of a certificate of qualification 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.
23 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.
24 When a certificate of qualification is suspended or cancelled, the holder shall return the certificate to the Director within twenty-four hours after receiving a written notice of cancellation or suspension.
25 An appeal against the cancellation or suspension of a certificate of qualification 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.
26 An Examining Board, for the purpose of these regulations, shall consist of three persons appointed by the Director: a chairman, one person representing employers and one person representing employees.
27 The fee for renewal of certificates or for duplicate certificates shall be five dollars.

[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.]