O. Reg. 101/01: PAINTER AND DECORATOR

Trades Qualification and Apprenticeship Act

ONTARIO REGULATION 101/01

PAINTER AND DECORATOR

Historical version for the period December 18, 2012 to April 7, 2013.

Note: This Regulation is revoked on the day paragraph 2 of section 103 of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force. (See: O. Reg. 426/12, ss. 1, 2)

Last amendment: O. Reg. 426/12.

This is the English version of a bilingual regulation.

Definition of “painter and decorator”

1. In this Regulation,

“painter and decorator” means a person who,

(a) prepares substrates,

(b) applies coatings to substrates,

(c) applies wall coverings to substrates, and

(d) prepares and performs works on substrates by mechanical and chemical processes. O. Reg. 101/01, s. 1.

Designation as certified trade

2. The trade of painter and decorator is designated as a certified trade for the purposes of the Act. O. Reg. 101/01, s. 2.

Branches of the trade

3. The trade of painter and decorator is composed of the following two branches:

1. Branch 1, being commercial and residential painter and decorator who performs the activities set out in clauses (a), (b) and (c) of the definition of “painter and decorator” in section 1.

2. Branch 2, being industrial painter and decorator who performs the activities set out in clauses (a), (b) and (d) of the definition of “painter and decorator” in section 1. O. Reg. 101/01, s. 3.

Apprentice training program

4. (1) An apprentice training program is established for the trade of painter and decorator. O. Reg. 101/01, s. 4 (1).

(2) The apprentice training program for a branch shall consist of not less than 6,000 hours of related training and work experience consisting of,

(a) classes that provide training and instruction relating to the branch; and

(b) on the job training and work experience relating to the branch. O. Reg. 101/01, s. 4 (2).

(3) An employer shall not establish an apprentice training program unless the program is approved by the Director. O. Reg. 101/01, s. 4 (3).

Certification in other branch

5. (1) The holder of a certificate of apprenticeship or a certificate of qualification in Branch 1 of the trade may be issued a certificate of qualification in Branch 2 of the trade upon successful completion of a further 2,000 hours of training and work experience relating to Branch 2. O. Reg. 101/01, s. 5 (1).

(2) The holder of a certificate of apprenticeship or a certificate of qualification in Branch 2 of the trade may be issued a certificate of qualification in Branch 1 of the trade upon successful completion of a further 2,000 hours of training and work experience relating to Branch 1. O. Reg. 101/01, s. 5 (2).

Overtime hours worked by apprentice

6. Despite subsection 8 (2) of Regulation 1055 of the Revised Regulations of Ontario, 1990, hours worked by an apprentice in the trade of painter and decorator in excess of his or her regular hours shall be included in computing the apprentice’s hours of on the job training and work experience. O. Reg. 101/01, s. 6.

Number of apprentices

7. (1) The number of apprentices who may be employed by an employer in the trade of painter and decorator shall not exceed the number set out in Column 2 of the following Table opposite the number of journeypersons, set out in Column 1, employed by the employer:

TABLE

Column 1	Column 2
Number of Journeypersons	Number of Apprentices Allowed
1	1
2	2
3	2
4	2
5	3

O. Reg. 101/01, s. 7 (1).

(2) For every three additional journeypersons employed by the employer after the fifth journeyperson, one additional apprentice may be employed. O. Reg. 101/01, s. 7 (2).

Apprentice wages

8. (1) Subsection 10 (1) of Regulation 1055 of the Revised Regulations of Ontario, 1990 does not apply to an apprentice in the trade of painter and decorator. O. Reg. 101/01, s. 8 (1).

(2) The rate of wages for an apprentice in the trade of painter and decorator whether for the regular daily hours of the apprentice or for hours in excess of the regular daily hours of the apprentice shall not be less than,

(a) during the first period of 2,000 hours of related training and work experience, the applicable minimum rate of wages established under the Employment Standards Act;

(b) during the second period of 2,000 hours of related training and work experience, the rate of wages referred to in clause (a) plus 30 per cent; and

(c) during the third period of 2,000 hours of related training and work experience, the rate of wages referred to in clause (a) plus 60 per cent. O. Reg. 101/01, s. 8 (2).

Exemption, compulsory certification

9. (1) Section 9 and subsection 10 (2) of the Act do not apply to a person who works or is employed in the trade of painter and decorator. O. Reg. 101/01, s. 9 (1).

(2) Subsection 10 (3) of the Act does not apply to an employer in the trade of painter and decorator. O. Reg. 101/01, s. 9 (2).

Exemption, term of certificate

10. Section 18 of the Act does not apply to a person with a certificate of qualification in the trade of painter and decorator. O. Reg. 101/01, s. 10.

11. Omitted (revokes other Regulations). O. Reg. 101/01, s. 11.