O. Reg. 75/05: REFRIGERATION AND AIR CONDITIONING MECHANIC, Trades Qualification and Apprenticeship Act, R.S.O. 1990, c. T.17
Trades Qualification and Apprenticeship Act
Loi sur la qualification professionnelle et l’apprentissage des gens de métier
ONTARIO REGULATION 75/05
No Amendments
REFRIGERATION AND AIR CONDITIONING MECHANIC
Historical version for the period March 4, 2005 to March 31, 2005.
Note: This Regulation comes into force on April 1, 2005. See: O. Reg. 75/05, s. 9.
This Regulation is made in English only.
Definition
1. In this Regulation,
“certified trade” means the trade of refrigeration and air conditioning mechanic. O. Reg. 75/05, s. 1.
Designation as certified trade
2. The trade of refrigeration and air conditioning mechanic is designated as a certified trade for the purposes of the Act and shall consist of the following two branches:
1. Refrigeration and air conditioning systems mechanic.
2. Residential air conditioning systems mechanic. O. Reg. 75/05, s. 2.
Scope of trade
3. (1) The performance of any of the following functions constitutes work that is part of the certified trade:
1. Plan, prepare and lay out the system.
2. Install and start up the system and verify the operation and function of the system.
3. Install and connect piping for the purpose of conveying all types of refrigerant used for both primary and secondary cooling.
4. Maintain, service, repair and replace system components and accessories, including the electrical and electronic components of the system.
5. Service, test, adjust, commission and decommission the system. O. Reg. 75/05, s. 3 (1).
(2) A person who holds a certificate of qualification as a refrigeration and air conditioning systems mechanic, and any other person authorized under the Act to work as a refrigeration and air conditioning systems mechanic, may perform the functions described in subsection (1) with respect to any cooling system or heating-cooling combination system that is installed and used in a residential, industrial, commercial or institutional setting. O. Reg. 75/05, s. 3 (2).
(3) A person who holds a certificate of qualification as a residential air conditioning systems mechanic, and any other person authorized under the Act to work as a residential air conditioning systems mechanic, may perform the functions described in subsection (1) only with respect to residential air conditioning systems that meet the following requirements:
1. The system shall be installed as an independent unit in a residential family dwelling.
2. The system shall operate at no more than 240 volts single-phase power with a maximum branch circuit capacity of 60 amps, a maximum cooling capacity of 60,000 British thermal units per hour and a saturated suction temperature above 2 degrees Celsius (35 degrees Fahrenheit) in the cooling cycle. O. Reg. 75/05, s. 3 (3).
(4) For greater certainty, the performance of the following work does not constitute work that is part of the certified trade:
1. Work performed by a person engaged in the repair or installation of single-phase hermetically sealed self-contained portable plug-in appliances with a maximum voltage of 240 volts and with factory produced systems pre-charged with refrigerant.
2. Work performed by a person engaged in the production of refrigeration and air conditioning systems. O. Reg. 75/05, s. 3 (4).
(5) Nothing in this section authorizes a person who holds a certificate of qualification or is otherwise authorized under the Act to work in the certified trade to perform any function or carry out any activities for which a certificate is required under the Technical Standards and Safety Act, 2000. O. Reg. 75/05, s. 3 (5).
Training programs
4. (1) An apprentice training program to become a refrigeration and air conditioning systems mechanic shall consist of five periods, each of which shall consist of 1800 hours of classes that provide training and instruction and of on the job work experience. O. Reg. 75/05, s. 4 (1).
(2) An apprentice training program to become a residential air conditioning systems mechanic shall consist of three periods as follows:
1. Two periods, each of which shall consist of 1800 hours of classes that provide training and instruction and of on the job work experience.
2. One period of 900 hours of classes that provide training and instruction and of on the job work experience. O. Reg. 75/05, s. 4 (2).
(3) Despite subsection (1), in the case of a person who holds a certificate of qualification as a residential air conditioning systems mechanic and who wishes to complete an apprentice training program to become a refrigeration and air conditioning systems mechanic, the apprentice training program shall consist of only three periods as follows:
1. One period of 900 hours of classes that provide training and instruction and of on the job work experience.
2. Two periods, each of which shall consist of 1800 hours of classes that provide training and instruction and of on the job work experience. O. Reg. 75/05, s. 4 (3).
(4) An employer shall not establish an apprentice training program unless the program is approved by the Director. O. Reg. 75/05, s. 4 (4).
Wages
5. (1) The rate of wages for an apprentice who is working in an apprentice training program to become a refrigeration and air conditioning systems mechanic shall be no less than the following percentage of the average rate of wages for journeypersons who have received such a certificate and are employed by the employer with whom the apprentice is working:
1. 40 per cent, during the first of the five periods of apprenticeship referred to in subsection 4 (1).
2. 50 per cent, during the second of the five periods of apprenticeship referred to in subsection 4 (1).
3. 60 per cent, during the third of the five periods of apprenticeship referred to in subsection 4 (1).
4. 70 per cent, during the fourth of the five periods of apprenticeship referred to in subsection 4 (1).
5. 80 per cent, during the fifth of the five periods of apprenticeship referred to in subsection 4 (1). O. Reg. 75/05, s. 5 (1).
(2) The rate of wages for an apprentice who is working in an apprentice training program to become a residential air conditioning systems mechanic shall be no less than the following percentage of the average rate of wages for journeypersons who have received such a certificate and are employed by the employer with whom the apprentice is working:
1. 40 per cent, during the first of the two periods of apprenticeship referred to in paragraph 1 of subsection 4 (2).
2. 60 per cent, during the second of the two periods of apprenticeship referred to in paragraph 1 of subsection 4 (2).
3. 80 per cent, during the period of apprenticeship referred to in paragraph 2 of subsection 4 (2). O. Reg. 75/05, s. 5 (2).
(3) Despite subsection (1), if a person holds a certificate of qualification as a residential air conditioning systems mechanic and begins an apprentice training program described in subsection 4 (3), the rate of wages for the person during his or her apprenticeship shall be no less than the following percentage of the average hourly rate of wages for journeypersons who have received such a certificate and are employed by the employer with whom the apprentice is working:
1. 60 per cent, during the period of apprenticeship referred to in paragraph 1 of subsection 4 (3).
2. 70 per cent, during the first of the two periods of apprenticeship referred to in paragraph 2 of subsection 4 (3).
3. 80 per cent, during the second of the two periods of apprenticeship referred to in paragraph 2 of subsection 4 (3). O. Reg. 75/05, s. 5 (3).
(4) The minimum rate of wages established under subsections (1), (2) and (3) apply to all of the apprentice’s hours of work, whether for regular daily hours of work or for hours of work in excess of the regular daily hours of work. O. Reg. 75/05, s. 5 (4).
Number of apprentices
6. (1) If an employer employs no more than seven journeypersons in the certified trade, the number of apprentices in the certified trade who may be employed by the employer shall not exceed the number set out in Column 2 of the Table to this subsection opposite the number of journeypersons employed by the employer and set out in Column 1 of the Table.
TABLE
Column 1 |
Column 2 |
Number of Journeypersons |
Number of Apprentices Allowed |
1 |
1 |
2 |
1 |
3 |
2 |
4 |
2 |
5 |
3 |
6 |
3 |
7 |
4 |
O. Reg. 75/05, s. 6 (1).
(2) If an employer employs more than seven journeypersons in the certified trade, for every three journeypersons employed after the seventh journeyperson, the employer may employ an additional apprentice. O. Reg. 75/05, s. 6 (2).
Transition
7. (1) A valid certificate of qualification in the certified trade issued before the day this Regulation comes into force shall be deemed on and after that day to be a certificate of qualification in the branch of the certified trade known as refrigeration and air conditioning systems mechanic. O. Reg. 75/05, s. 7 (1).
(2) A valid certificate of apprenticeship in the certified trade issued before the day this Regulation comes into force shall be deemed on and after that day to be a certificate of apprenticeship in the branch of the certified trade known as refrigeration and air conditioning systems mechanic. O. Reg. 75/05, s. 7 (2).
(3) If a contract of apprenticeship in the certified trade was filed with the Director under clause 9 (1) (b) of the Act before the day this Regulation comes into force and is not fully executed on or before that day,
(a) the contract shall be deemed on and after that day to be a contract of apprenticeship in the branch of the certified trade known as refrigeration and air conditioning systems mechanic; and
(b) every reference in the contract to the certified trade shall be deemed on and after that day to be a reference to the branch of the certified trade known as refrigeration and air conditioning systems mechanics. O. Reg. 75/05, s. 7 (3).
(4) For the purpose of issuing a certificate of apprenticeship under section 16 of the Act on and after the day this Regulation comes into force, a person who completed an apprentice training program in the certified trade before that day shall be deemed to have completed an apprentice training program in the branch of the certified trade known as refrigeration and air conditioning systems mechanic. O. Reg. 75/05, s. 7 (4).
8. Omitted (revokes other Regulations). O. Reg. 75/05, s. 8.
9. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 75/05, s. 9.