O. Reg. 566/99: EXEMPTIONS

Apprenticeship and Certification Act, 1998

ONTARIO REGULATION 566/99

EXEMPTIONS

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

Note: This Regulation is revoked on the day paragraph 1 of section 103 of the Ontario College of Trades and Apprenticeship Act, 2009 comes into force. (See: O. Reg. 427/12, ss. 1, 2)

Last amendment: O. Reg. 427/12.

This is the English version of a bilingual regulation.

1. Words and expressions that are defined in Ontario Regulation 565/99 (Restricted Skill Sets) have the same meanings in this Regulation. O. Reg. 566/99, s. 1.

2. (1) Subsections 6 (2) and (3) of the Act do not apply to an individual who,

(a) is enrolled in a secondary school program leading to an Ontario Secondary School Diploma; and

(b) is registered as an apprentice,

(i) in the Ontario Youth Apprenticeship Program, or

(ii) in a program that is similar to the Ontario Youth Apprenticeship Program and is approved by the Director and that meets the criteria set out in subsection (2). O. Reg. 566/99, s. 2; O. Reg. 68/05, s. 1 (1).

(2) The following are the criteria that a program referred to in subclause (1) (b) (ii) must meet:

1. The program must be operated under the supervision of,

i. a board as defined in the Education Act, or

ii. a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada).

2. The program provides students with training and work experience in the trade, other occupation or skill set in respect of which the application is made under subsection 6 (1) of the Act. O. Reg. 68/05, s. 1 (2).

3. Subsection 12 (1) of the Act does not apply to an individual who,

(a) removes or replaces wheels and rims on motor vehicles;

(b) removes or replaces auto glass, exhaust systems, radiators, cooling system hoses, thermostats, engine drive belts, horns, light bulbs and sealed beam units, lenses, fuses, batteries and battery cables, radios, shock absorbers or springs that do not require the realignment of the front or rear suspension, oil filters, air filters, fuel filters and spark plugs in motor vehicles, motorcycles, motor coaches, trucks or truck-trailers;

(c) changes the engine, transmission, differential or cooling system fluids in motor vehicles, motorcycles, motor coaches, trucks or truck-trailers;

(d) replenishes fluids in the hydraulic systems of motor vehicles, motorcycles, motor coaches, trucks or truck-trailers;

(e) repairs and balances tires and wheels on motor vehicles, motorcycles, motor coaches, trucks or truck-trailers; or

(f) lubricates motor vehicles, motorcycles, motor coaches, trucks or truck-trailers. O. Reg. 566/99, s. 3.

4. Subsection 12 (1) of the Act does not apply to a person who reconditions and rebuilds internal combustion engines and associated components, power trains, brake system components and suspension system components. O. Reg. 566/99, s. 4.

5. Subsection 12 (1) of the Act does not apply to the driver of a heavy truck or truck-trailer who inspects or adjusts the air chamber push rod stroke, commonly known as the slack adjustment, of the truck or truck-trailer’s air braking system, if,

(a) the driver holds a valid Ontario Class A or D driver’s licence with an air brake endorsement issued under the Highway Traffic Act and has successfully completed a course of study approved by the Director on the inspection and adjustment of the air chamber push rod stroke of air braking systems; or

(b) the driver holds a valid driver’s licence issued by another province or territory of Canada or by a state of the United States of America and is authorized, in that province, territory or state, to inspect and adjust the air braking system’s air chamber push rod stroke. O. Reg. 566/99, s. 5.

6. Subsection 12 (1) of the Act does not apply to an individual who removes or replaces wheels and rims on motor coaches, heavy trucks or truck-trailers, if the individual has successfully completed a course of study approved by the Director on the removal and replacement of wheels and rims. O. Reg. 566/99, s. 6.

6.1 (1) Subsection 12 (1) of the Act does not apply to an individual who installs, services, repairs, tests and inspects the interior wiring, piping, exterior panels, interior cabinets, windows, doors and accessories on the trailer or accommodation unit of recreational vehicles. O. Reg. 68/05, s. 2.

(2) In subsection (1),

“recreational vehicle” means a vehicle designed as mobile accommodation or as self-propelled mobile accommodation and used as transportation and includes but is not limited to a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer. O. Reg. 68/05, s. 2.

6.2 Subsection 12 (1) of the Act does not apply to an individual who is receiving training and work experience in a trade, other occupation or skill set and who is enrolled in,

(a) the Ontario Youth Apprenticeship Program;

(b) a program that is similar to the Ontario Youth Apprenticeship Program, approved by the Director and operated under the supervision of,

i. a board as defined in the Education Act, or

ii. a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada); or

(c) a pre-apprenticeship program approved by the Director. O. Reg. 68/05, s. 2.

7. Section 13 of the Act does not apply to a person who employs or otherwise engages an individual to perform a skill if subsection 12 (1) of the Act does not apply to the individual when he or she performs the skill. O. Reg. 566/99, s. 7.

8. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 566/99, s. 8.