R.R.O. 1990, Reg. 1047: CONSTRUCTION BOILERMAKER

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Trades Qualification and Apprenticeship Act

R.R.O. 1990, REGULATION 1047

CONSTRUCTION BOILERMAKER

Note: This Regulation was revoked on April 8, 2013. (See: O. Reg. 426/12, ss. 1, 2)

Last amendment: O. Reg. 426/12.

This is the English version of a bilingual regulation.

1. Revoked: O. Reg. 327/07, s. 1.

2. The trade of construction boilermaker is designated as a certified trade for the purpose of the Act. R.R.O. 1990, Reg. 1047, s. 2.

3. A person engages in the trade of a construction boilermaker if he or she fabricates, assembles, installs, constructs, erects, alters, maintains, repairs, disassembles, demolishes or tests any of the following systems or equipment, or any of their component parts or access assemblies, that are intended for industrial purposes and that are made of plate metal, structural metal or fibreglass:

1. Boilers.

2. Economizers.

3. Air heaters.

4. Downcomers.

5. Process equipment.

6. Tanks, bins, hoppers and vats.

7. Pressure vessels.

8. Heat exchangers.

9. Condensers.

10. Permanently situated industrial fans.

11. Calandria.

12. Containment structures.

13. Pollution control systems.

14. Duct systems.

15. Furnaces.

16. Water towers and reservoirs.

17. Penstocks.

18. Scroll casings.

19. Flue gas stacks. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

4. (1) An apprentice training program for the trade of construction boilermaker is established in accordance with this section. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(2) The apprentice training program for the trade of construction boilermaker shall include the following two components:

1. Classes that provide training and instruction.

2. On the job work experience. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(3) A period of apprentice training included in the apprentice training program under subsection (4) may include either or both of the components referred to in subsection (2). O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(4) The apprentice training program for the trade of construction boilermaker shall consist of four periods and each period shall include 1,650 hours of apprentice training. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(5) An employer shall not establish an apprentice training program in the trade of construction boilermaker unless the program is approved by the Director. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

5. Despite subsection 8 (2) of Regulation 1055 of the Revised Regulations of Ontario, 1990 (General) made under the Act, hours worked by an apprentice in the trade of construction boilermaker in excess of his or her regular daily hours of on the job work experience shall be included when determining whether the apprentice has fulfilled the hours of apprentice training required under subsection 4 (4). O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

6. (1) The rate of wages to be paid by an employer to an apprentice working in the trade of construction boilermaker during the apprentice training program shall not be less than the following percentage of the average hourly rate of wages for journeypersons employed by the employer of the trade:

1. During the first period of apprentice training, 60 per cent.

2. During the second period of apprentice training, 70 per cent.

3. During the third period of apprentice training, 80 per cent.

4. During the fourth period of apprentice training, 90 per cent. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(2) Subsection (1) applies to the determination of rates of wages for regular daily hours of work of an apprentice as well as for hours of work in excess of regular daily hours of work. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(3) If an employer employs an apprentice in the trade of construction boilermaker but does not employ other journeypersons in the trade, the apprentice’s rate of wages shall be determined in accordance with subsections (1) and (2). However, any reference in those subsections to the average hourly rate of wages for journeypersons employed by the employer in the trade of construction boilermaker shall be deemed to be a reference to the average hourly rate of wages paid to journeypersons employed in the trade in the locality in which the apprentice is employed. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

7. (1) The number of apprentices who may be employed by an employer in the trade of construction boilermaker shall not exceed the number determined in accordance with the following rules:

1. For the first journeyperson employed by the employer in the trade, one apprentice.

2. For every three additional journeypersons employed by the employer in the trade, add one apprentice. O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

(2) If an employer is a journeyperson, he or she shall be considered to be the first journeyperson employed by the employer for the purposes of paragraph 1 of subsection (1). O. Reg. 327/07, s. 2; O. Reg. 436/07, s. 1.

8.-11. Revoked: O. Reg. 327/07, s. 2.

12. (1) Section 9 and subsection 10 (2) of the Act do not apply to any person who works or is employed in the certified trade. R.R.O. 1990, Reg. 1047, s. 12 (1).

(2) Subsection 10 (3) of the Act does not apply to an employer in the certified trade. R.R.O. 1990, Reg. 1047, s. 12 (2).

13. Revoked: O. Reg. 327/07, s. 3.

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