1 The Apprenticeship and Trade Certification Act Repealed by Chapter A-22.2 of the Statutes of Saskatchewan, 1999 (effective October 1, 1999) Formerly Chapter A-22.1 of the Statutes of Saskatchewan, 1984-85-86 (effective September 2, 1986) as amended by the Statutes of Saskatchewan, 1988-89, c.42; and 1997, c.28. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
2 Table of Contents 1 Short title 2 Interpretation 3 Application of Act 4 Apprentices and tradesmen to hold certificate 5 Suspension or revocation of certificate 6 Director of Apprenticeship, etc. 7 Duties of director 8 Power of director to enter into contracts 9 Contracts to be in accordance with Act 10 Form of contract 11 Requisites of apprenticeship plans 12 Signatures to contract of apprenticeship 13 Termination or cancellation of contract 14 Discretion of director 15 Registration of contract not a guarantee of its validity 16 Transfer of contract 17 Validity of termination, etc., of contract 18 Prior contracts of apprenticeship 19 Prior employment as an apprentice without written contract 20 Provincial Apprenticeship Board 21 Regulations 22 Records 23 Power to inspect records and obtain information 24 Joint training committee 25 Offences and penalties 26 Act to prevail 27 R.S.S. 1978, c.a-23 repealed
3 CHAPTER A-22.1 An Act respecting Apprenticeship and Qualification for Certification in Certain Trades Short title 1 This Act may be cited as The Apprenticeship and Trade Certification Act. Interpretation 2 In this Act: (a) apprentice means a person at least 16 years of age who enters into a written agreement to learn a skilled trade with: (i) an employer; (ii) a joint training committee; or (iii) the director; in accordance with an apprenticeship plan described in section 11 and which requires an aggregate of at least one year of employment and makes provision for a program of practical experience and related technical instruction for that person; (b) board means the Provincial Apprenticeship Board continued pursuant to section 20; (c) certificate means a valid and subsisting certificate issued pursuant to this Act and includes any certificate continued in force pursuant to this Act; (d) contract means a contract of apprenticeship made in accordance with this Act and includes any contract continued in force pursuant to this Act; (e) department means the department over which the minister presides; (e.1) designated sector means a sector designated in the regulations as a cluster of trades, industries, occupations or services that have compatible labour market needs; (f) designated trade means a trade designated in the regulations and includes a trade designated pursuant to The Apprenticeship and Trade Qualification Act, as that Act existed on the day before the coming into force of this Act, or any former Apprenticeship and Tradesmen s Qualification Act; (g) director means the Director of Apprenticeship and Trade Certification mentioned in section 6; (h) employer means any person, firm, partnership, business association or municipal, provincial or other public authority that employs mechanics, helpers, labourers, apprentices or other employees in connection with any of the: (i) (ii) designated trades or work incidental to those trades; or designated sectors or work incidental to those sectors;
4 (i) joint training committee means a committee formed for the purpose of training apprentices in a designated trade or designated sector that: (i) consists of employers in the designated trade or designated sector, or their representatives, and employees in the designated trade or designated sector, or their respective bargaining agents; and (ii) is recognized by the director pursuant to section 24; (j) journeyperson means a tradesperson who holds a journeyperson s certificate issued to that person pursuant to the regulations; (k) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (l) trade includes industry, craft and business and any branch of any trade, industry, craft or business; (m) tradesperson means a person, other than an apprentice, who works for remuneration at any designated trade or in any designated sector, including an employer who works at any designated trade or in any designated sector. 1984-85-86, c.a-22.1, s.2; 1997, c.28, s.3. Application of Act 3(1) This Act applies with respect to apprenticeship and to the qualification of tradespersons in any designated trade or designated sector. (2) In addition to apprenticeship under individual contracts, apprenticeship may also be entered into pursuant to: (a) a collective bargaining agreement between an employer and a trade union; or (b) a private plan of apprentice training carried on by any industry where the plan is approved by the director after consultation with the board; and, where a collective bargaining agreement is entered into or a private plan is approved, this Act applies mutatis mutandis to that collective bargaining agreement or private plan, as the case may be. 1984-85-86, c.a-22.1, s.3; 1997, c.28, s.4. Apprentices and tradespersons to hold certificate 4(1) No person who is required by the regulations to be registered as an apprentice or to hold a certificate, permit or endorsement in a designated trade or designated sector shall work at that designated trade or in that designated sector, unless that person is registered as an apprentice or holds the required certificate, permit or endorsement. (2) No employer engaged in the business of any designated trade or any designated sector shall employ a person described in subsection (1) to work at that designated trade or in that designated sector. 1997, c.28, s.5.
5 Suspension or revocation of certificate 5 The minister may, for any cause: (a) suspend; or (b) cancel; and require the return of any certificate, permit or identification card issued pursuant to the regulations before, on or after the coming into force of this Act. 1984-85-86, c.a-22.1, s.5. Director of Apprenticeship, etc. 6(1) There is to be an officer of the department to be called the Director of Apprenticeship and Trade Certification. (2) The director shall, under the control of the minister, be responsible for the administration of this Act and the supervision of all apprenticeship plans. 1984-85-86, c.a-22.1, s.6. Duties of director 7 Subject to the regulations, the director shall: (a) keep a record of every contract registered by the director; (b) make those examinations and inquiries that the director considers necessary to ascertain whether this Act is being complied with; (c) establish or assist in establishing a system of selection for training and a system for training apprentices and tradespersons in any designated trade or designated sector based on the needs of the designated trade or designated sector; (d) provide that information and make those investigations that may be required by the minister; (e) collaborate with educational authorities and with employers and workers in any designated trade or designated sector, or employers and workers organizations directly concerned in the designated trade or designated sector; (f) submit a report annually to the minister; and (g) perform any duties and exercise any powers, in addition to those described in clauses (a) to (f), that may be prescribed by the minister for the purpose of carrying out the provisions of this Act. 1984-85-86, c.a-22.1, s.7; 1997, c.28, s.6. Power of director to enter into contracts 8 The director may enter into a contract with any person for the purpose of providing a course of instruction and training for the person in any designated trade or designated sector. 1997, c.28, s.7.
6 Contracts to be in accordance with Act 9(1) No person shall enter into a contract in a designated trade or designated sector except in accordance with this Act and the regulations. (2) No contract is of any force or effect until approved and registered by the director. 1984-85-86, c.a-22.1, s.9; 1997, c.28, s.8. Form of contract 10 Every contract in a designated trade or designated sector is to be in a form prescribed by the regulations. 1984-85-86, c.a-22.1, s.10; 1997, c.28, s.9. Requisites of apprenticeship plans 11(1) Every plan of apprenticeship is to provide for: (a) a written contract including, except in the case of a contract between an apprentice and the director or a joint training committee, an agreed scale of wages providing for increases at fixed intervals, but, where rates of wages have been determined by a collective bargaining agreement, those rates are to apply if not less than the minimum rate established pursuant to any Act for the trade in which the training is to be given or for the designated sector in which the training is to be given; (b) a definite period of apprenticeship of at least one year, allowing time credits for previous experience: (i) in the trade or for other appropriate trade training; or (ii) in the designated sector or for other appropriate designated sector training; (c) cancellation of a contract for cause; (d) transfer of an apprentice to another employer for cause; (e) a probationary period of at least three months; (f) a definite program of practical experience and instruction in related technical subjects; (g) inspection by the director or any other departmental officer of the training of apprentices; (h) a test or tests to determine progress of an apprentice and a test or tests to determine the status of an apprentice prior to the granting of a certificate pursuant to the regulations; (i) a determination by the Lieutenant Governor in Council, after consultation by the director with employers and workers in the designated trade or designated sector or with employers and workers organizations directly concerned in the designated trade or designated sector, of the ratio of apprentices to journeypersons or certificate holders in the designated trade, subtrade or designated sector, in accordance with the estimated future requirements of the designated trade, subtrade or designated sector.
7 (2) The provisions of subsection (1) are deemed to be part of every contract, and no provision in a contract that is inconsistent with subsection (1) is valid. 1984-85-86, c.a-22.1, s.11; 1997, c.28, s.10. Signatures to contract of apprenticeship 12 Every contract is to be signed: (a) by the person to be apprenticed; and (b) by the employer, a joint training committee or the director, as the case may require, or any other person recommended by the minister. 1984-85-86, c.a-22.1, s.12. Termination or cancellation of contract 13 A contract may, subject to the approval of the director, be terminated by consent of all the parties to the contract or may be cancelled by the director on good cause being shown to the satisfaction of the director. 1984-85-86, c.a-22.1, s.13. Discretion of director 14 The director may refuse to register a contract that in the director s opinion is not for the benefit of the apprentice and, unless the director is satisfied that there is good cause for the termination or transfer of any contract, the director may refuse to register the termination or transfer. 1984-85-86, c.a-22.1, s.14; 1997, c.28, s.11. Registration of contract not a guarantee of its validity 15 The registration of a contract is not to be regarded as a guarantee that all the provisions of the contract are valid or that any provision of the contract is not in conflict with this Act, the regulations or any other Act or regulations made pursuant to that Act. 1984-85-86, c.a-22.1, s.15. Transfer of contract 16(1) Subject to the approval of the director, an apprentice may, for good cause and by consent of all the parties, be transferred from one employer to another employer in the same trade or designated sector. (2) Every transfer of a contract is to be in that form that may be prescribed by the regulations. 1984-85-86, c.a-22.1, s.16; 1997, c.28, s.12. Validity of termination, etc., of contract 17 No termination, cancellation or transfer of a contract is of any force or effect until it has been registered by the director. 1984-85-86, c.a-22.1, s.17.
8 Prior contracts of apprenticeship 18 Where: (a) a person has been employed under a written contract of apprenticeship in a designated trade or designated sector prior to the date on which the trade or sector was designated; (b) the contract is subsisting on that date; the employer under the contract shall, within three months after that date, file the contract for registration in the office of the director, and the contract is deemed to be amended insofar as is necessary for compliance with this Act and the regulations. 1984-85-86, c.a-22.1, s.18; 1997, c.28, s.13. Prior employment as an apprentice without written contract 19 The period during which a person is employed as an apprentice may, with the approval of the director, be allowed as part of the time required to complete the full period of apprenticeship under a contract in accordance with this Act and the regulations if: (a) the person has been employed as an apprentice, but not under a written contract of apprenticeship, in a designated trade or designated sector prior to the date on which the trade was designated or the sector was designated; and (b) the employment is continuing on that date. 1997, c.28, s.14. Provincial Apprenticeship Board 20(1) The board, known as the Provincial Apprenticeship Board, is continued and is to consist of five or any greater number of members that the Lieutenant Governor in Council may determine. (2) The Lieutenant Governor in Council shall: (a) appoint the members of the board; (b) designate one of the members as chairperson; and (c) specify the number of members which constitutes a quorum. (3) The membership of the board is to include: (a) equal representation of employers and workers; and (b) a representative or representatives of the department and the Department of Education and a representative of those who provide apprenticeship technical training. (4) The board shall meet on the request of the minister for the purpose of acting in an advisory capacity to the director. (5) The members of the board shall hold office during pleasure and the members, other than those who are employed by the Government of Saskatchewan, are to be paid any compensation for their services and expenses that may be determined by the Lieutenant Governor in Council. 1984-85-86, c.a-22.1, s.20; 1988-89, c.42, s.6; 1997, c.28, s.15.
9 Regulations 21 The Lieutenant Governor in Council may make regulations: (a) prescribing the qualifications necessary for an apprentice or tradesperson to work in any designated trade or designated sector; (b) respecting educational courses to be taken and experience to be acquired by apprentices and tradespersons in a designated trade or a subtrade of a designated trade; (b.1) respecting educational courses to be taken and experience to be acquired by apprentices and tradespersons in a designated sector; (c) respecting time credits to be allowed for previous experience in the trade or for other appropriate training and the manner of proof of that experience or training; (c.1) respecting time credits to be allowed for previous experience in the designated sector or for appropriate training and the manner of proof of that experience or training; (d) respecting hours of labour and rates of wages for apprentices; (e) subject to section 11, respecting the terms and conditions of contracts in designated trades or designated sectors and prescribing forms of contracts; (f) respecting registration of contracts and terminations, suspensions, cancellations and transfers of contracts; (g) respecting the manner in which contracts and terminations or transfers of contracts are to be submitted to the director for approval and registration; (h) providing for inspection of the training of apprentices and tradespersons; (i) respecting tests and examinations for apprentices and tradespersons; (j) requiring that every apprentice and every tradesperson in any designated trade or designated sector hold a certificate, permit or endorsement in that designated trade, subtrade or designated sector issued pursuant to the regulations; (k) respecting the issue of certificates, endorsements and permits to apprentices and tradespersons in a designated trade, subtrade of a designated trade or designated sector, the duration of those certificates, endorsements and permits, and the requirements to be met by applicants for certificates, endorsements and permits; (l) respecting the issue and use of identification cards; (m) respecting the posting of certificates, endorsements and permits and of the regulations or any of them in any premises in which the work of a designated trade or subtrade of a designated trade, or a designated sector is carried on; (n) providing for the registration of employers in designated trades or designated sectors and of all other persons carrying on business in designated trades or designated sectors, and requiring periodic renewal of registration;
10 (o) respecting the ratio of apprentices to journeymen or certificate holders that: (i) an employer may employ in a designated trade, in a subtrade of a designated trade or in a designated sector; and (ii) an employer shall employ at the normal place of work of an apprentice; (p) prescribing the maximum number of apprentices that may be employed in any designated trade, subtrade or designated sector based on the number of journeypersons or certificate holders, endorsement holders or permit holders engaged in that designated trade, subtrade or designated sector and prohibiting the employment of apprentices in excess of the number prescribed; (q) requiring that, in any designated trade, subtrade or designated sector at least one person who holds a prescribed certificate, endorsement or permit is engaged in the designated trade, subtrade or designated sector at any place of business at which one or more persons are engaged in the designated trade, subtrade or designated sector; (r) providing for payment of bonuses to employers of apprentices in any designated trade or designated sector or to any particular employer in a designated trade or designated sector; (s) prescribing the form of transfers of contract, certificates, permits, endorsements, identification cards and any other forms that may be required by this Act or the regulations; (t) prescribing the fee to be paid for any registration, examination, application, permit, endorsement, identification card or certificate; (u) limiting the application of any regulation to a portion of Saskatchewan and extending the application of any regulation so limited to any other portion of Saskatchewan; (v) appointing or providing for the appointment of advisory boards and examining boards for designated trades or designated sectors, prescribing the duties of those boards and determining the remuneration of members of those boards; (w) respecting the powers and duties of the director; (x) respecting the duties of the Provincial Apprenticeship Board; (y) defining terms used in this Act but not defined in this Act; (z) designating trades as designated trades for the purposes of this Act; (z.1) designating sectors as designated sectors for the purposes of this Act; (aa) respecting subtrades of designated trades; (bb) respecting qualifications necessary for admission to or continuation in any apprenticeship program or other training program or course administered pursuant to this Act; (cc) respecting eligibility to write any examination required pursuant to the regulations;
11 (dd) respecting the use of a record book for each apprentice in a designated trade or designated sector; (ee) respecting the duties of joint training committees; (ff) providing for the hearing of appeals and for judicial review; (gg) respecting the hearing of complaints against, and the re-examination of, persons holding certificates issued pursuant to this Act; (hh) respecting interprovincial standards examinations, interprovincial seals and recognition of certificates issued outside Saskatchewan; (ii) respecting any matter that the Lieutenant Governor in Council considers necessary to carry out the intent and purpose of this Act. 1984-85-86, c.a-22.1, s.21; 1997, c.28, s.16. Records 22(1) In this section, social insurance number means a social insurance number assigned to an individual pursuant to the authority of any Act of the Parliament of Canada, as amended from time to time. (2) Every employer and every person or firm carrying on business in any designated trade or designated sector shall keep records showing, in the case of every tradesperson and apprentice who is an employee, and in the case of every other person engaged in connection with the business of the employer, person or firm at work in any designated trade or designated sector: (a) the name, address and social insurance number of the tradesperson, apprentice or other person; (b) the name of the designated trade or designated sector in which he or she works; (c) the name, number and expiry date, if any, of any certificate, permit, endorsement or identification card issued to him or her pursuant to the regulations and the number of any interprovincial seal issued to him or her by any province or territory of Canada; (d) the date of the commencement of his or her current employment; and (e) any other particulars that are required by the regulations. (2.1) Every employer and every person or firm carrying on business in any designated trade or designated sector shall also keep records showing, in the case of every tradesperson and apprentice who is an employee: (a) his or her regular rate of wages; and (b) the number of hours he or she is required to work in any week. (3) The records required by subsection (2) or (2.1) may be incorporated in any record of wages or hours that the employer, person or firm is required to keep pursuant to any other Act. 1984-85-86, c.a-22.1, s.22; 1997, c.28, s.17.
12 Power to inspect records and obtain information 23(1) The minister or the minister s duly authorized representative may at any reasonable time: (a) enter any premises or place where work in a designated trade or designated sector is performed for the purpose of inspecting the training of apprentices and tradespersons; (b) inspect the records required to be kept by this Act or the regulations; (c) require any employer, person or firm required by this Act to keep records to verify the entries in the records by statutory declaration or in any other manner that the minister or the minister s duly authorized representative may require; (d) require any person to furnish, in a form acceptable to the minister or the minister s duly authorized representative, any information that the minister or the minister s duly authorized representative considers necessary to ascertain whether this Act and the regulations are being or have been complied with. (2) Every employer, person or firm required by this Act to keep records shall produce those records for inspection on the request of the minister or the minister s duly authorized representative. 1984-85-86, c.a-22.1, s.23; 1997, c.28, s.18. Joint training committee 24(1) The director may recognize a joint training committee for a designated trade or designated sector, where the director is satisfied that the committee is properly constituted and that it is appropriate to do so. (2) Where the director considers it appropriate, the director may withdraw recognition of a committee as a joint training committee for a designated trade or designated sector and, on the director s withdrawal of approval, the committee ceases to be a joint training committee for the designated trade or designated sector. 1997, c.28, s.19. Offences and penalties 25(1) Every person who: (a) is an employer who enters into a contract of apprenticeship with respect to any designated trade except in accordance with this Act; (a.1) is an employer in a designated sector who enters into a contract of apprenticeship with respect to any designated sector except in accordance with this Act; (b) employs a larger number of apprentices than is prescribed by the regulations; or (c) violates any provision of this Act or the regulations for which no penalty is otherwise provided; is guilty of an offence and liable on summary conviction to a fine of not more than $2,000 and in addition, in the case of a continuing offence, to a fine of not more than $200 for each day during which the offence continues.
13 (2) Where the regulations provide for the issue of certificates, permits or endorsements based on the result of trade tests or trade examinations, no person shall assist another person taking a test or examination and knowingly convey or disclose to that person, directly or indirectly, any information respecting the contents of the test or examination. (3) Where the regulations provide for the issue of certificates, permits or endorsements based on the result of trade tests or trade examinations, no person who is an applicant for a certificate shall knowingly acquire, prior to taking any test or examination, any information respecting the contents of the test or examination. (4) Every person who contravenes subsection (2) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $2,000. 1984-85-86, c.a-22.1, s.25; 1997, c.28, s.20. Act to prevail 26 In case of conflict between this Act and the regulations and any provision with respect to apprentices or apprenticeship or to tradespersons in any other Act or in any order, regulation or schedule made pursuant to that Act, the provisions of this Act and the regulations made pursuant to this Act prevail. 1984-85-86, c.a-22.1, s.26; 1997, c.28, s.21. R.S.S. 1978, c.a-23 repealed 27(1) The Apprenticeship and Trade Qualification Act is repealed. (2) Notwithstanding the repeal of The Apprenticeship and Trade Qualification Act: (a) any certificate, permit or other document issued pursuant to that Act remains in force until its expiry date, if any, as if issued pursuant to this Act and may be amended, suspended, cancelled or substituted pursuant to this Act and the regulations; (b) any contract made and registered pursuant to that Act continues in force as if made pursuant to this Act and may be amended, suspended, cancelled, substituted or otherwise dealt with pursuant to this Act and the regulations; (c) any boards appointed pursuant to clause 21(1)(u) of that Act continue as boards and the members of those boards continue as members, as if appointed pursuant to this Act until replaced or otherwise dealt with pursuant to this Act and the regulations; (d) any joint committees appointed pursuant to that Act continue as joint training committees, and members of those joint committees continue as members of the joint training committee, until replaced or otherwise dealt with pursuant to this Act and the regulations. 1984-85-86, c.a-22.1, s.27.
14 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1997