R.R.O. 1990, Reg. 1077: SHEET METAL WORKER

Trades Qualification and Apprenticeship Act

R.R.O. 1990, REGULATION 1077

SHEET METAL WORKER

Historical version for the period January 1, 2011 to December 17, 2012.

Last amendment: O. Reg. 481/10.

This is the English version of a bilingual regulation.

Designation as certified trade

1. The trade of sheet metal worker is designated as a certified trade for the purposes of the Act. O. Reg. 481/10, s. 1.

Branches of certified trade

2. The trade of sheet metal worker is composed of the following branches:

1. Branch 1 (sheet metal worker).

2. Branch 2 (residential (low rise) sheet metal installer). O. Reg. 481/10, s. 1.

Scope of trade

3. (1) Subject to subsection (2), the performance of any of the following activities constitutes work that is part of the trade of sheet metal worker:

1. The manufacturing or fabrication of all ferrous and nonferrous sheet metal work of No. 10 U.S. Gauge or any equivalent or lighter gauge and all other materials used in lieu of it.

2. The assembly, handling, erection, installation, dismantling, reconditioning, adjustment, alteration, repair or servicing of all ferrous and nonferrous sheet metal work of No. 10 U.S. Gauge or any equivalent or lighter gauge and all other materials used in lieu of it.

3. Reading and interpreting all shop and field sketches used in fabrication and erection, including those taken from sketches or original architectural and engineering drawings.

4. The fabrication or installation of metal cladding over insulation. O. Reg. 481/10, s. 1.

(2) Any activities described in subsection (1) that are performed in production commonly known as mass production do not constitute work that is part of the trade of sheet metal worker. O. Reg. 481/10, s. 1.

(3) A person who holds a certificate of qualification in Branch 1 of the trade (sheet metal worker) may perform any of the activities described in subsection (1). O. Reg. 481/10, s. 1.

(4) Subject to subsection (5), a person who holds a certificate of qualification in Branch 2 of the trade (residential (low rise) sheet metal installer) may only perform the activities described in paragraphs 2 and 3 of subsection (1) and may only do so with respect to the installation of air handling or ventilation systems. O. Reg. 481/10, s. 1.

(5) A person described in subsection (4) may only perform the activities if the following criteria are satisfied:

1. The work is performed,

i. within a self-contained single family dwelling such as a single-detached house, semi-detached house, town house or linked house consisting of wood-frame construction, or

ii. within a low rise residential building,

that does not have common conditioned areas and is four stories or fewer.

2. The work is performed on a low velocity system with static pressure of no more than one inch water column and maximum air flow of 2,000 cubic feet per minute or on a high velocity system with static pressure of no more than three inches water column and maximum air flow of 2,500 cubic feet per minute.

3. The air handling or ventilation system does not penetrate any fire-rated separations. O. Reg. 481/10, s. 1.

Apprentice training program

4. (1) An apprentice training program is established for the trade of sheet metal worker in accordance with this section. O. Reg. 481/10, s. 2.

(2) The apprentice training program for the trade of sheet metal worker shall include the following components:

1. Classes that provide training and instruction.

2. On the job work experience. O. Reg. 481/10, s. 2.

(3) A period of apprentice training referred to in subsection (4) may include either or both of the components referred to in subsection (2). O. Reg. 481/10, s. 2.

(4) The apprentice training program for the trade of sheet metal worker shall consist of the following periods of apprentice training:

1. In the case of Branch 1 of the trade, five periods, with each period consisting of 1,800 hours of apprentice training.

2. In the case of Branch 2 of the trade, three periods, with each period consisting of 1,500 hours of apprentice training. O. Reg. 481/10, s. 2.

(5) An employer shall not establish an apprentice training program in either Branch of the trade of sheet metal worker unless the program is approved by the Director. O. Reg. 481/10, s. 2.

Apprentice wages

5. (1) The rate of wages to be paid by an employer to an apprentice working in Branch 1 of the trade (sheet metal worker) 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 in that branch of the trade:

1. During the first 1,800 hours of apprentice training, 40 per cent.

2. During the second 1,800 hours of apprentice training, 50 per cent.

3. During the third 1,800 hours of apprentice training, 60 per cent.

4. During the fourth 1,800 hours of apprentice training, 70 per cent.

5. During the fifth 1,800 hours of apprentice training, 80 per cent. O. Reg. 481/10, s. 3.

(2) The rate of wages to be paid by an employer to an apprentice working in Branch 2 of the trade (residential (low rise) sheet metal installer) 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 in that branch of the trade:

1. During the first 1,500 hours of apprentice training, 40 per cent.

2. During the second 1,500 hours of apprentice training, 60 per cent.

3. During the third 1,500 hours of apprentice training, 80 per cent. O. Reg. 481/10, s. 3.

Number of apprentices employed by employer

6. The number of apprentices who may be employed by an employer in the certified trade shall not exceed,

(a) where the employer is a journeyperson in the trade, one apprentice plus an additional apprentice for every three journeypersons employed by that employer in the trade and with whom the apprentice is working; and

(b) where the employer is not a journeyperson in the trade, one apprentice for the first journeyperson employed by the employer plus an additional apprentice for each additional three journeypersons employed by that employer in the trade and with whom the apprentice is working. O. Reg. 74/05, s. 2.

Exemption, s. 10 (2) of Act

7. A person is exempt from subsection 10 (2) of the Act if he or she,

(a) applies in the prescribed form for apprenticeship in the certified trade; and

(b) works in that trade for three months or less. R.R.O. 1990, Reg. 1077, s. 7.

8. Revoked: O. Reg. 481/10, s. 4.

Application for certification

9. An applicant for a certificate of qualification in either Branch of the certified trade shall submit to the Director evidence satisfactory to the Director of,

(a) the successful completion of the applicable apprentice training program described in section 4; or

(b) his or her engagement in the applicable Branch of the certified trade as a journeyperson in Ontario or elsewhere for a period at least equivalent to the total number of hours of which the apprentice training program consists. O. Reg. 481/10, s. 5.

Transition

10. (1) A person who holds a certificate of qualification in the trade of sheet metal worker on December 31, 2010 is deemed on and after January 1, 2011 to hold a certificate of qualification in Branch 1 of the trade of sheet metal worker (sheet metal worker). O. Reg. 481/10, s. 6.

(2) A person who holds an expired certificate of qualification in the trade of sheet metal worker on December 31, 2010 is deemed to hold a certificate of qualification in Branch 1 of the trade of sheet metal worker (sheet metal worker) as of the date the person renews their certificate of qualification and pays the fee set out in subsection 27 (1) of Regulation 1055 of the Revised Regulations of Ontario, 1990 (General) made under the Act. O. Reg. 481/10, s. 6.

(3) If a certificate of apprenticeship in the trade of sheet metal worker that was issued before January 1, 2011 is still valid immediately before that day, it is deemed on and after January 1, 2011 to be a certificate of apprenticeship in Branch 1 of the trade of sheet metal worker (sheet metal worker). O. Reg. 481/10, s. 6.

(4) If a contract of apprenticeship in the trade of sheet metal worker was filed with the Director under clause 9 (1) (b) of the Act on or before December 31, 2010 and, on or before that day, is not fully executed and has not been terminated, cancelled or transferred under section 15 of the Act,

(a) the contract is deemed on and after January 1, 2011 to be a contract of apprenticeship in Branch 1 of the trade of sheet metal worker (sheet metal worker); and

(b) every reference in the contract to the trade of sheet metal worker is deemed on and after January 1, 2011 to be a reference to Branch 1 of the trade of sheet metal worker (sheet metal worker). O. Reg. 481/10, s. 6.

(5) For the purpose of issuing a certificate of apprenticeship under section 16 of the Act on and after January 1, 2011, a person who completed an apprentice training program in the trade of sheet metal worker before that day is deemed to have completed an apprentice training program in Branch 1 of the trade of sheet metal worker (sheet metal worker). O. Reg. 481/10, s. 6.

SCHEDULE 1 Revoked: O. Reg. 481/10, s. 7.

SCHEDULE 2 Revoked: O. Reg. 481/10, s. 7.