Ontario College of Trades and Apprenticeship Act, 2009

ONTARIO REGULATION 421/12

GENERAL

Historical version for the period December 17, 2012 to April 4, 2013.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on the day section 37 of the Act comes into force. (See: O. Reg. 421/12, s. 11)

No amendments.

This is the English version of a bilingual regulation.

Exemptions

Exemption, minimum age

1.  Subsection 65 (2) of the Act does not apply to an individual who applies to register an agreement under subsection 65 (1) of the Act and who,

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

(b) is receiving training and work experience in a trade while participating in,

(i) the Ontario Youth Apprenticeship Program, or

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

(A) a board as defined in subsection 1 (1) of the Education Act, or

(B) 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). O. Reg. 421/12, s. 1.

Exemption, practice of compulsory trade

2.  (1)  Section 2 of the Act does not apply to the following individuals:

1. An individual who is receiving training and work experience in a compulsory trade while participating in,

i. the Ontario Youth Apprenticeship Program,

ii. a program that is similar to the Ontario Youth Apprenticeship Program, approved by the Minister and operated under the supervision of,

A. a board as defined in subsection 1 (1) of the Education Act, or

B. 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

iii. a pre-apprenticeship program approved by the Minister.

2. An individual who is permanently employed in an industrial plant, while performing work entirely within the plant and premises or on the land appertaining to them, 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.

3. An individual who holds a valid equivalent certificate of qualification issued by the Province of Quebec, or is registered as an apprentice in the Province of Quebec, in one of the following trades:

Electrician — Construction and Maintenance.

Hoisting Engineer — Mobile Crane Operator 1.

Plumber.

Refrigeration and Air Conditioning Systems Mechanic.

Sheet Metal Worker.

Steamfitter.

4. An individual while removing or replacing wheels and rims on motor coaches, heavy trucks or truck-trailers, if the individual has successfully completed a course of study approved by the Minister on the removal and replacement of wheels and rims.

5. An individual who is 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,

i. 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 Minister on the inspection and adjustment of the air chamber push rod stroke of an air braking system, or

ii. 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. 421/12, s. 2 (1).

(2)  Section 2 of the Act does not apply to a person who employs or otherwise engages an individual to perform work or engage in a practice that constitutes engaging in the practice of a compulsory trade, if section 2 of the Act does not apply to the individual when he or she performs the work. O. Reg. 421/12, s. 2 (2).

Exemption, fees, Part V of the Act, etc.

3.  (1)  Clause 37 (2) (c), Part V and sections 60 and 68 of the Act do not apply to an individual who is an apprentice in a trade receiving training and work experience in the trade while participating in,

(a) the Ontario Youth Apprenticeship Program;

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

(i) a board as defined in subsection 1 (1) of 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 Minister. O. Reg. 421/12, s. 3 (1).

(2)  Despite section 42 of the Act, the Registrar shall not include in the register information concerning individuals to whom clause (1) (a) or (b) applies. O. Reg. 421/12, s. 3 (2).

Transition

Deemed certificates of qualification, general

4.  For the purposes of subsection 89 (2) of the Act, a deemed certificate of qualification to which subsection 89 (1) of the Act applies, ceases to have effect with respect to a deemed certificate of qualification issued to a journeyperson under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998,

(a) if the certificate of qualification has an expiry date, on the later of,

(i) the month and day of the expiry date listed on the certificate that first occurs after section 37 of the Act comes into force, regardless of the year of expiry, and

(ii) 60 days after the day section 37 of the Act comes into force; or

(b) on the day that is the first anniversary of the coming into force of section 37 of the Act, if the certificate of qualification does not have an expiry date. O. Reg. 421/12, s. 4.

Deemed certificates of qualification, provisional certificates of qualification

5.  (1)  A provisional certificate of qualification issued to an individual under the Trades Qualification and Apprenticeship Act that is valid immediately before the day section 37 of the Act comes into force is deemed to be a provisional certificate of qualification issued under the Act to the individual in the trade for which the certificate was issued. O. Reg. 421/12, s. 5 (1).

(2)  A deemed provisional certificate of qualification to which subsection (1) applies ceases to have effect on the expiry date listed on the provisional certificate of qualification issued under the Trades Qualification and Apprenticeship Act. O. Reg. 421/12, s. 5 (2).

Deemed certificates of qualification, letters of permission

6.  (1)  A letter of permission that is issued to an individual under the Apprenticeship and Certification Act, 1998 that is valid immediately before the day section 37 of the Act comes into force is deemed to be,

(a) a statement of membership in the journeyperson candidates class issued under the Act to the individual in the trade for which the letter of permission was issued, if the individual has a certificate of apprenticeship in the trade issued under the Apprenticeship and Certification Act, 1998; or

(b) a provisional certificate of qualification issued under the Act to the individual in the trade for which the letter of permission was issued, if the individual does not have a certificate of apprenticeship in the trade issued under the Apprenticeship and Certification Act, 1998. O. Reg. 421/12, s. 6 (1).

(2)  A deemed statement of membership to which clause (1) (a) applies ceases to have effect on the day that is the first anniversary of the coming into force of section 37 of the Act. O. Reg. 421/12, s. 6 (2).

(3)  A deemed provisional certificate of qualification to which clause (1) (b) applies ceases to have effect on the expiry date listed on the letter of permission issued under the Apprenticeship and Certification Act, 1998. O. Reg. 421/12, s. 6 (3).

Deemed statements of membership

7.  (1)  A certificate of apprenticeship that is issued in a compulsory trade on the day that section 37 of the Act comes into force is deemed also to be a statement of membership in the journeyperson candidates class in the trade for which the certificate was issued, if the trade is governed by the Trades Qualification and Apprenticeship Act immediately before the day section 37 of the Act comes into force. O. Reg. 421/12, s. 7 (1).

(2)  A deemed statement of membership to which subsection (1) applies ceases to have effect on the day that is the first anniversary of the coming into force of section 37 of the Act. O. Reg. 421/12, s. 7 (2).

Transition, cancellation of statement of membership

8.  (1)  Despite clause 65 (4) (a) of the Act, a registered training agreement is cancelled on the day that is 90 days after the date of registration if the individual does not hold a statement of membership as an apprentice in the trade to which the registered training agreement relates on that day. O. Reg. 421/12, s. 8 (1).

(2)  Subsection (1) does not apply to training agreements that are registered on and after the day that is the first anniversary of the coming into force of section 37 of the Act. O. Reg. 421/12, s. 8 (2).

Transition, transfer of revenue

9.  (1)  The Minister may transfer accrued revenue received from journeypersons on account of the fees for the renewal of certificates of qualification under the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act to the College. O. Reg. 421/12, s. 9 (1).

(2)  The College shall apply the revenue received from the Minister to the fees for certificates of qualification of the journeypersons from whom the fees for the renewal of certificates were received. O. Reg. 421/12, s. 9 (2).

(3)  In transferring accrued revenue under subsection (1), the Minister may prorate the revenue so that the prorated amount transferred to the College reflects, in the Minister’s view, the relationship between,

(a) the period to which the renewal of the certificate of qualification applies before the day section 37 of the Act comes into force; and

(b) the period to which the renewal of the certificate of qualification applies on and after the day section 37 of the Act comes into force. O. Reg. 421/12, s. 9 (3).

Transition, name of trade

10.  (1)  For the purposes of the Act, the trade under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act that is listed in Column 1 of Schedule 1 to this Regulation is deemed to be the trade under the Act listed opposite to it in Column 2 of the Schedule. O. Reg. 421/12, s. 10 (1).

(2)  For the purposes of sections 4, 5, 6 and 7 of this Regulation and sections 89 and 90 of the Act, the Registrar may deem a trade named in a certificate of qualification, provisional certificate of qualification, certificate of apprenticeship or letter of permission issued under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act to be a trade prescribed under the Act. O. Reg. 421/12, s. 10 (2).

11.  Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 421/12, s. 11.

SCHEDULE 1

Column 1

Column 2

Trade or trade branch name under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act

Trade name under the Ontario College of Trades and Apprenticeship Act, 2009

Auto Body and Collision Damage Repairer — Branch 1

Auto Body and Collision Damage Repairer

Auto Body Repairer — Branch 2

Auto Body Repairer

Cook — Assistant — Branch 1

Assistant Cook

Cook — Branch 2

Cook

Cement Finisher

Cement (Concrete) Finisher

Cement Mason

Cement (Concrete) Finisher

CNC Programmer

Computer Numerical Control (CNC) Programmer

Hoisting Engineer — Branch 1, Mobile Crane Operator

Hoisting Engineer — Mobile Crane Operator 1

Hoisting Engineer — Branch 2, Mobile Crane Operator

Hoisting Engineer — Mobile Crane Operator 2

Hoisting Engineer — Branch 3, Tower Crane Operator

Hoisting Engineer — Tower Crane Operator

Ironworker and Reinforcing Rodworker — Branch 1, Ironworker — Generalist

Ironworker — Generalist

Ironworker and Reinforcing Rodworker — Branch 2, Ironworker — Structural and Ornamental

Ironworker — Structural and Ornamental

Ironworker and Reinforcing Rodworker — Branch 3, Reinforcing Rodworker

Reinforcing Rodworker

Painter and Decorator — Branch 1, Commercial and Residential

Painter and Decorator — Commercial and Residential

Painter and Decorator — Branch 2, Industrial

Painter and Decorator — Industrial

O. Reg. 421/12, Sched. 1.

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