R.R.O. 1990, Reg. 1055: GENERAL

 

Trades Qualification and Apprenticeship Act

R.R.O. 1990, REGULATION 1055

Amended to O. Reg. 352/01

GENERAL

Historical version for the period August 31, 2001 to March 3, 2005.

Disclaimer:  This consolidation is not an official copy of the law because some portion of it may not be fully legible in HTML or Word format.

This is the English version of a bilingual regulation.

0.1 For the purpose of paragraph 19 of subsection 1.1 (1) of the Act, the following trades in the construction industry are prescribed as additional trades to which the Act applies:

1. Cement finisher.

2. Drywall, acoustic and lathing applicator.

2.1 Drywall finisher and plasterer.

3. Floor covering installer.

4. Heat and frost insulator.

5. Precast concrete finisher.

6. Reinforcing rodworker.

7. Restoration mason.

8. Roofer.

9. Revoked:  O. Reg. 95/01, s. 1 (3).

10. Terrazzo, tile and marble setter.  O. Reg. 567/99, s. 1; O. Reg. 95/01, s. 1.

1. This Regulation applies to any trade for which an apprentice training program is,

(a) established by regulation; or

(b) established by an employer and approved by the Director.  R.R.O. 1990, Reg. 1055, s. 1.

2. An application for apprenticeship in a trade shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 1055, s. 2.

3. No person shall become an apprentice in a trade unless he or she,

(a) is at least sixteen years of age and has Grade 10 standing or other qualifications determined by the Minister as equivalent thereto; or

(b) has the qualifications that are prescribed in the regulations for the trade.  R.R.O. 1990, Reg. 1055, s. 3.

4. (1) An applicant for apprenticeship in a trade or for a certificate of qualification shall, if requested by the Director, produce a birth certificate for inspection.  R.R.O. 1990, Reg. 1055, s. 4 (1).

(2) Where the Director is satisfied that the apprentice is unable to produce a birth certificate, the Director may accept as proof,

(a) one item of Class A evidence of birth as prescribed in section 8 of Regulation 1094 of the Revised Regulations of Ontario, 1990;

(b) two items of Class B evidence of birth as prescribed in section 10 of Regulation 1094 of the Revised Regulations of Ontario, 1990.  R.R.O. 1990, Reg. 1055, s. 4 (2).

5. (1) Section 9 and subsection 10 (2) of the Act do not apply to persons,

(a) permanently employed in an industrial plant while performing work entirely within the plant and premises or on the land appertaining thereto, except work performed in the maintenance and repair of motor vehicles, trailers or conversion units registered for use on a highway under the Highway Traffic Act;

(b) who hold valid equivalent certificates of qualification issued by the Province of Quebec, or are registered as apprentices in the Province of Quebec, in one of the following trades:

1. Electrician.

2. Hoisting engineer.

3. Plumber.

4. Refrigeration and air-conditioning mechanic.

5. Sheet metal worker.

6. Steamfitter; or

(c) who are receiving training and work experience in a trade and who are enrolled,

(i) in the Ontario Youth Apprenticeship Program,

(ii) in a similar program approved by the Director and under the supervision of a board as defined in the Education Act, or

(iii) in a pre-apprenticeship program approved by the Director.  R.R.O. 1990, Reg. 1055, s. 5 (1); O. Reg. 228/95, s. 1; O. Reg. 352/01, s. 1.

(2) Section 9 of the Act and section 10 of this Regulation do not apply to each person who is engaged in a trade for which an apprenticeship training program is established by an employer and approved by the Director.  R.R.O. 1990, Reg. 1055, s. 5 (2).

Training and Instruction

6. (1) The Director may approve an apprentice training program established by an employer if, in the opinion of the Director, the program,

(a) is of sufficient duration and content to warrant a training program;

(b) contains both practical work and related units of study;

(c) meets or satisfies a perceived need of an employer; and

(d) provides a marketable skill in an identifiable occupation.  R.R.O. 1990, Reg. 1055, s. 6 (1).

(2) An apprentice in a trade shall complete to the satisfaction of the Director an apprentice training program,

(a) established for the trade by regulation; or

(b) established for the trade by an employer and approved by the Director under subsection (1).  R.R.O. 1990, Reg. 1055, s. 6 (2).

7. (1) Every employer in a trade shall,

(a) provide an apprentice with practical training and instruction; and

(b) permit the apprentice to attend such educational classes as are prescribed by an apprentice training program established for the trade.  R.R.O. 1990, Reg. 1055, s. 7 (1).

(2) Where the employer is unable to provide an apprentice with practical training and instruction, the employer and the apprentice shall each forthwith notify the Director.  R.R.O. 1990, Reg. 1055, s. 7 (2).

8. (1) The regular daily hours of practical training and instructions of an apprentice shall not begin sooner or end later in each day than the regular daily working hours of the journeyman with whom the apprentice is working.  R.R.O. 1990, Reg. 1055, s. 8 (1).

(2) Any hours worked by an apprentice in excess of his or her regular daily hours of practical training and instruction shall not be included in computing the hours spent in training and instruction, unless otherwise prescribed or approved by the Director.  R.R.O. 1990, Reg. 1055, s. 8 (2).

9. (1) Hourly credits as the Director determines may be granted to an applicant for a certificate of apprenticeship or qualification,

(a) for the successful completion of a course of study or training; or

(b) for work performed or experience gained in the trade prior to the application.  R.R.O. 1990, Reg. 1055, s. 9 (1).

(2) No credits shall be granted under subsection (1) unless the applicant,

(a) supplies documentary evidence satisfactory to the Director of the completion of the course of study or training, or of the work performed or the experience gained, as the case may be; or

(b) passes such tests or examinations as are required by the Director.  R.R.O. 1990, Reg. 1055, s. 9 (2).

10. (1) Unless otherwise prescribed, the rate of wages for an apprentice whether for his or her regular daily hours or for hours in excess of those regular daily hours shall be not less than,

(a) 40 per cent during the first period;

(b) 50 per cent during the second period;

(c) 60 per cent during the third period;

(d) 70 per cent during the fourth period; and

(e) 80 per cent during the fifth period,

of the average rate of wages for journeymen employed by the employer in that trade, or where the employer is the only journeyman employed, of the average rate of wages for journeymen in the area.  R.R.O. 1990, Reg. 1055, s. 10 (1).

(2) Unless otherwise prescribed, the number of apprentices who may be employed by an employer in a trade shall not exceed,

(a) where the employer is a journeyman in the trade, one apprentice plus an additional apprentice for each additional three journeymen employed by the employer in that trade and with whom the apprentice is working; or

(b) where the employer is not a journeyman in the trade, one apprentice for the first journeyman employed by the employer plus an additional apprentice for each additional three journeymen employed by the employer in that trade and with whom the apprentice is working.  R.R.O. 1990, Reg. 1055, s. 10 (2).

(3) The rate of wages for an apprentice or worker and the number of apprentices or workers who may be employed by an employer prescribed by this Regulation or any other Regulation under the Act do not apply to persons who are receiving training and work experience in a trade and who are enrolled,

(a) in the Ontario Youth Apprenticeship Program as an apprentice;

(b) in a similar program approved by the Director and under the supervision of a board as defined in the Education Act; or

(c) in a pre-apprenticeship program approved by the Director.  O. Reg. 352/01, s. 2.

11. (1) A contract of apprenticeship shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 1055, s. 11 (1).

(2) The apprentice shall use to the best of his or her ability any facilities provided for technical instruction.  R.R.O. 1990, Reg. 1055, s. 11 (2).

(3) The apprentice shall obey all lawful orders given by the employer or by a person delegated by the employer to supervise the work and training of the apprentice.  R.R.O. 1990, Reg. 1055, s. 11 (3).

(4) The apprentice shall furnish to the employer satisfactory reasons for any absence from employment.  R.R.O. 1990, Reg. 1055, s. 11 (4).

(5) The employer shall not employ any person in the trade other than a journeyman while the apprentice is idle.  R.R.O. 1990, Reg. 1055, s. 11 (5).

12. (1) A transfer of a contract of apprenticeship shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 1055, s. 12 (1).

(2) The employer to whom the contract is transferred shall perform the contract as fully and completely as if the employer were the employer with whom the contract was made.  R.R.O. 1990, Reg. 1055, s. 12 (2).

Certificates

13. A certificate of apprenticeship shall be in Form 1.  R.R.O. 1990, Reg. 1055, s. 13.

14. (1) Where an apprentice has completed an apprentice training program, and has passed such final examinations as are prescribed by the Director, the Director shall issue a certificate of apprenticeship to the apprentice.  R.R.O. 1990, Reg. 1055, s. 14 (1).

(2) Where an examination for a certificate of apprenticeship in a trade has been established as an Interprovincial Standards Examination, an apprentice who obtains more than 69 per cent on that examination shall be awarded the Interprovincial seal on his or her certificate.  R.R.O. 1990, Reg. 1055, s. 14 (2).

(3) Where a certificate of apprenticeship is obtained before an Interprovincial Standards Examination for the trade is established, the holder of the certificate may write the examination referred to in subsection (2) and if he or she obtains more than 69 per cent on that examination the holder shall be awarded the Interprovincial seal on his or her certificate.  R.R.O. 1990, Reg. 1055, s. 14 (3).

15. (1) An application for a certificate of qualification in a trade designated as a certified trade under section 10 of the Act shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 1055, s. 15 (1).

(2) An application for renewal of a certificate of qualification in a trade designated as a certified trade under section 10 of the Act shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 1055, s. 15 (2).

(3) A certificate of qualification shall be in Form 2.  R.R.O. 1990, Reg. 1055, s. 15 (3).

16. (1) Where an applicant for a certificate of qualification is the holder of a certificate of apprenticeship in the trade issued under the Act or a predecessor of the Act, the Director may, upon payment of the prescribed fee, issue to the applicant, without examination, a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 16 (1).

(2) Where an applicant for a certificate of qualification is the holder of a certificate of apprenticeship in the trade that is issued by another Province and that bears a seal awarded for passing an Interprovincial Standards Examination, the Director may, upon payment of the prescribed fee, issue to the applicant, without examination, a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 16 (2).

(3) Where an applicant for a certificate of qualification is required to write an examination, he or she shall pay the fee prescribed therefor.  R.R.O. 1990, Reg. 1055, s. 16 (3).

(4) Where an applicant for a certificate of qualification who is not the holder of a certificate of apprenticeship in the trade,

(a) has attended a trade school licensed under the Act and has completed the period of training and instruction provided by the trade school;

(b) after graduation from the licensed trade school, works as an apprentice in the trade for a period prescribed by the Director; and

(c) passes such examination as is prescribed by the Director,

the Director may, upon payment of the prescribed fee, issue to the applicant a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 16 (4).

17. (1) Where an applicant for a certificate of qualification who is not the holder of a certificate of apprenticeship in a certified trade,

(a) has successfully completed a training program approved by the Director as an alternative to an apprentice training program established for a certified trade;

(b) satisfies the Director that he or she has been continuously engaged in the alternate training program for a period equal to or greater than the apprenticeship training period prescribed by regulation for the certified trade; and

(c) passes such examination as is prescribed by the Director in the certified trade,

the Director may, upon payment of the prescribed fee, issue to the applicant a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 17 (1).

(2) Where an applicant for a certificate of qualification who is not the holder of a certificate of apprenticeship in a certified trade,

(a) has successfully completed a training program approved by the Director as an alternative to an apprentice training program established for a certified trade;

(b) satisfies the Director that he or she has been continuously engaged in the alternate training program but where the period of training in the alternate training program is less than the apprenticeship training period prescribed by regulation for the certified trade; and

(c) passes such examination as is prescribed by the Director in the certified trade,

the Director may, upon payment of the prescribed fee issue to the applicant a provisional certificate of qualification valid until the expiry date specified thereon.  R.R.O. 1990, Reg. 1055, s. 17 (2).

(3) Where an applicant for a certificate of qualification referred to in subsection (2) satisfies the Director that the total period of time that he or she has been continuously engaged in the alternate training program and as a journeyman in the certified trade equals or is greater than the apprenticeship training period prescribed by regulation for the certified trade, the Director may, upon payment of the prescribed fee, issue to the applicant, without examination a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 17 (3).

18. An applicant for a certificate of apprenticeship or a certificate of qualification who has failed to pass an examination may rewrite the examination at such times and places as are fixed by the Director.  R.R.O. 1990, Reg. 1055, s. 18.

19. An applicant for a certificate of apprenticeship or a certificate of qualification who fails to pass on rewriting the examination referred to in section 18 on two occasions shall attend and complete such training courses as the Director may determine before being permitted to rewrite the examination a third time.  R.R.O. 1990, Reg. 1055, s. 19.

20. Where an applicant for a certificate of qualification, who is not the holder of a certificate of apprenticeship in the trade, supplies evidence satisfactory to the Director of having been continuously engaged in the trade as a journeyman in Ontario or elsewhere for a period equal to or greater than the apprenticeship period prescribed for the trade, the Director may issue to the applicant a provisional certificate of qualification valid until the expiry date specified thereon.  R.R.O. 1990, Reg. 1055, s. 20.

21. Where an applicant for a certificate of qualification referred to in section 20 passes such examination as is prescribed by the Director, the Director may, upon payment of the prescribed fee, issue to the applicant a certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 21.

22. A provisional certificate of qualification shall be in Form 3.  R.R.O. 1990, Reg. 1055, s. 22.

23. (1) Where a certificate of qualification that is in force on the 31st day of January, 1983, expires and is renewed, it shall be renewed for a period of three years from the date of expiry and any subsequent renewal shall be for a period of three years.  R.R.O. 1990, Reg. 1055, s. 23 (1).

(2) Unless otherwise prescribed by regulation, where a certificate of qualification issued on or after the 1st day of February, 1983, expires and is renewed, it shall be renewed for a period of three years from the date of expiry and any subsequent renewal shall be for a period of three years.  R.R.O. 1990, Reg. 1055, s. 23 (2).

(3) A certificate of qualification may be renewed by the holder upon application and payment of the prescribed fee to the Director.  R.R.O. 1990, Reg. 1055, s. 23 (3).

(4) Upon renewal of a certificate of qualification, a seal provided by the Director indicating the year for which the certificate is renewed shall forthwith upon its receipt by the applicant be affixed to the certificate of qualification in the space provided thereon.  R.R.O. 1990, Reg. 1055, s. 23 (4).

24. Where a person proves to the satisfaction of the Director that,

(a) his or her certificate of qualification has been lost or destroyed; or

(b) his or her name has been changed,

the Director shall issue a duplicate certificate of qualification.  R.R.O. 1990, Reg. 1055, s. 24.

25. The holder of a certificate of qualification shall carry the certificate on his or her person and, when requested to do so, produce to a person designated by the Director, the certificate of qualification or such other evidence of qualification as the Director may prescribe.  R.R.O. 1990, Reg. 1055, s. 25.

26. A person who, after applying for or receiving a certificate of qualification, changes his or her address shall within fifteen days thereafter notify the Director in writing of the former and new addresses and, where the certificate has been received the number thereof.  R.R.O. 1990, Reg. 1055, s. 26.

Fees

27. (1) The fees payable under this Regulation are as follows:

 

1.	For registering a contract of apprenticeship	$40.00
2.	For issuing an initial certificate of qualification without examination	60.00
3.	For renewing a certificate of qualification, other than where paragraph 4 applies	60.00
4.	For renewing a certificate of qualification that has been expired for more than one year	160.00
	plus
	For each full year during which the certificate of qualification has been expired	20.00
5.	For issuing a duplicate certificate of apprenticeship or a duplicate certificate of qualification	60.00
6.	For examination leading to the initial issuing of a certificate of apprenticeship, for examination leading to the initial issuing of a certificate of qualification or for examination leading to the initial issuing of both a certificate of apprenticeship and a certificate of qualification	100.00
7.	For re-examination leading to the initial issuing of a certificate of apprenticeship, for re-examination leading to the initial issuing of a certificate of qualification or for re-examination leading to the initial issuing of both a certificate of apprenticeship and a certificate of qualification	100.00

O. Reg. 193/98, s. 1.

(2) Where application is made for renewal of a certificate of qualification on or before the expiry date of the certificate, the date of renewal shall be the anniversary of the date of the initial issuance of the certificate that immediately follows the making of the application for renewal.  O. Reg. 193/98, s. 1.

(3) Where application is made for renewal of a certificate of qualification after the expiry date of the certificate, the date of renewal shall be the anniversary of the date of the initial issuance of the certificate that immediately precedes the making of the application for renewal.  O. Reg. 193/98, s. 1.

(4) Paragraph 4 of subsection (1) does not apply where the application for renewal is made on or before December 31, 1998.  O. Reg. 193/98, s. 1.

Form 1
CERTIFICATE OF APPRENTICESHIP

Trades Qualification and Apprenticeship Act

 

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O. Reg. 230/93, s. 2.

Form 2
CERTIFICATE OF QUALIFICATION

Trades Qualification and Apprenticeship Act

 

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O. Reg. 230/93, s. 2.

Form 3

Trades Qualification and Apprenticeship Act

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R.R.O. 1990, Reg. 1055, Form 3.