Skilled Trades and Apprenticeship Education General Regulation

(no amdt) ALBERTA REGULATION 156/2022 Skilled Trades and Apprenticeship Education Act SKILLED TRADES AND APPRENTICESHIP EDUCATION GENERAL REGULATION Table of Contents 1 Definitions Part 1 Matters to be Considered 2 Apprenticeship education programs 3 Industry training programs 4 Designated trades 5 Restricted activities and classes of individuals Part 2 Alberta Board of Skilled Trades 6 Board member remuneration and expenses Part 3 Offences and Penalties 7 Additional offences and penalties Part 4 Transitional Provisions, Repeals and Coming into Force 8 Transitional — apprenticeship education programs 9 Transitional — apprenticeship education agreements 10 Transitional — authorizations 11 Transitional — trade certificate and equivalency applications 12 Transitional — designation of trades, occupations 13 Transitional — appeals 14 Transitional — Board committees 15 Transitional — Board orders 16 Repeals 17 Coming into force Definitions 1 In this Regulation, (a) “Act”, except in the term “former Act”, means the Skilled Trades and Apprenticeship Education Act ; (b) “Board”, except in the term “former Board”, means the Alberta Board of Skilled Trades appointed under section 13 of the Act; (c) “former Act” means the Apprenticeship and Industry Training Act ; (d) “former Board” means the Alberta Apprenticeship and Industry Training Board appointed under section 2 of the former Act. Part 1 Matters to be Considered Apprenticeship education programs 2 Before establishing an apprenticeship education program, the Minister shall consider the following matters: (a) the educational outcomes to be delivered by the program; (b) whether the educational outcomes of the program are at a post‑secondary level or standard of education; (c) whether, in the Minister’s opinion, the desired educational outcomes are best acquired through a combination of classroom instruction and on‑the‑job instruction; (d) whether, in the Minister’s opinion, the majority of instruction required to complete the program is best facilitated by on‑the‑job instruction; (e) whether, in the Minister’s opinion, the program would be sufficiently distinct from (i) other apprenticeship education programs, (ii) programs of study approved under the Post‑secondary Learning Act , and (iii) programs of instruction licensed under the Private Vocational Training Act ; (f) whether, in the Minister’s opinion, there is sufficient labour market demand in the relevant occupational field to enable apprentices to obtain the on‑the‑job instruction that would be required to complete the program; (g) whether, in the Minister’s opinion, a sufficient number of persons or entities in the relevant occupational field are able and willing to act as sponsors; (h) whether, in the Minister’s opinion, a sufficient number of persons in the relevant occupational field are able and willing to act as mentors; (i) any other matter the Minister considers relevant. Industry training programs 3 Before establishing an industry training program, the Minister shall consider the following matters: (a) the training outcomes to be delivered by the program; (b) whether or not the training outcomes of the program are at a post‑secondary level or standard of training; (c) whether, in the Minister’s opinion, the desired training outcomes are best acquired through on‑the‑job training; (d) whether, in the Minister’s opinion, the majority of training in the program is best facilitated through on‑the‑job training; (e) whether, in the Minister’s opinion, there is sufficient labour market demand in the relevant occupational field to enable trainees to obtain the on‑the‑job training that would be required to complete the program; (f) whether, in the Minister’s opinion, there is sufficient support for the program from employers, practitioners and others working in the relevant occupational field; (g) any other matter the Minister considers relevant. Designated trades 4 Before making a regulation designating a trade, the Minister shall consider the following matters: (a) whether, in the Minister’s opinion, the trade is sufficiently distinct from other trades already designated under the Act; (b) whether, in the Minister’s opinion, there is sufficient support for the designation from employers, practitioners and others within the trade in Alberta; (c) whether, in the Minister’s opinion, the demand for skilled labour in the trade is expected to grow and remain stable in the future; (d) whether the trade is designated or otherwise regulated elsewhere in Canada and, if so, whether in the Minister’s opinion it is desirable to take a consistent approach; (e) any other matter the Minister considers relevant. Restricted activities and classes of individuals 5 Before making a regulation prescribing an activity within a designated trade as a restricted activity and prescribing the classes of individuals who may perform the activity, the Minister shall consider the following matters: (a) whether the Minister is satisfied that (i) the extent of technical knowledge and expertise required to safely perform the activity, or (ii) the risk to the public from a service or product created by the activity warrants restricting who may perform the activity; (b) any recommendation of the Board, including any evidence of industry support, in favour of restricting the activity and who may perform it; (c) any other matter the Minister considers relevant. Part 2 Alberta Board of Skilled Trades Board member remuneration and expenses 6 Members of the Board under section 13 of the Act are entitled to be paid (a) remuneration in accordance with Schedule 1, Part A of the Committee Remuneration Order (OC 466/2007), as amended or replaced from time to time, and (b) travelling and living expenses necessarily incurred in the carrying out of their duties as members in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the members were employees as defined in the Public Service Act . Part 3 Offences and Penalties Additional offences and penalties 7 (1) A person who contravenes section 20(4) or 21(4) of the Apprenticeship Education and Industry Training Programs Regulation is guilty of an offence and liable (a) for a first offence, to a fine of not more than $15 000, or (b) for a 2nd or subsequent offence, to a fine of not more than $50 000. (2) An offence under subsection (1) is an offence of strict liability. (3) A prosecution for an offence under subsection (1) may not be commenced more than 3 years after the alleged commission of the offence. Part 4 Transitional Provisions, Repeals and Coming into Force Transitional — apprenticeship education programs 8 (1) Where an application for registration in an apprenticeship program referred to in section 39(a) of the Act was made before the coming into force of this section but had not been decided by that time, the Registrar shall treat the application as if it were an application for registration in an apprenticeship education program. (2) An individual to whom section 39(b) of the Act applies is deemed to have achieved the same stage of completion and level of progression in the apprenticeship education program that the individual had achieved in the apprenticeship program under the former Act. (3) An individual to whom section 39(b) of the Act applies who had successfully completed the first, 2nd, 3rd or 4th period of technical training in an apprenticeship program under the former Act is deemed to have completed the same period of classroom instruction in the apprenticeship education program. (4) An individual to whom section 39(b) of the Act applies who had received a number of hours of on‑the‑job training in an apprenticeship program under the former Act is deemed to have received that number of hours of on‑the‑job instruction in the apprenticeship education program. Transitional — apprenticeship education agreements 9 (1) A contract of apprenticeship that was registered under the former Act and in effect immediately before the coming into force of this section is deemed to be an apprenticeship education agreement approved and in effect under the Act until (a) a period of 2 years has elapsed following the coming into force of this section, or (b) the apprenticeship education agreement has ended in accordance with section 11 of the Apprenticeship Education and Industry Training Programs Regulation , whichever occurs first. (2) An employer who was responsible for providing on‑the‑job training to an apprentice under a contract of apprenticeship to which subsection (1) applies is deemed to be a sponsor who is responsible for providing on‑the‑job instruction to the apprentice under the apprenticeship education agreement referred to in that subsection. (3) Where a contract of apprenticeship to which subsection (1) applies was under a suspension immediately before the coming into force of this section, the suspension continues to operate after the coming into force of this section (a) as a suspension of the registration in an apprenticeship education program of the party who is the apprentice under the apprenticeship education agreement, and (b) as if it were a suspension of the Registrar’s approval of the apprenticeship education agreement until the suspension is cancelled or ceases to have effect according to its terms, whichever occurs first. Transitional — authorizations 10 An authorization that was granted under section 23(1) of the former Act (a) to a person or a class of persons (i) to work in a designated trade, or (ii) to work or to perform one or more tasks, activities or functions in that trade, or (b) to an employer or a class of employers to employ a person or class of persons under clause (a) and that is in effect immediately before the coming into force of this section is deemed to be an authorization granted and in effect under the Designated Trades and Restricted Activities Regulation . Transitional — trade certificate and equivalency applications 11 (1) Where an application for a trade certificate or occupational certificate referred to in section 40(1)(b) of the Act was filed before the coming into force of this section but had not been decided by that time, the Administrator shall consider the application as if it were an application for a trade certificate under section 18(1)(c) of the Act. (2) Where an application to have a document that was issued in another jurisdiction recognized as being the equivalent of a trade certificate or occupational certificate was filed before the coming into force of this section but had not been decided by that time, the application shall be deemed to be discontinued. Transitional — designation of trades, occupations 12 (1) Where an application was made to the Minister under section 3 of the Apprenticeship and Industry Training Administration Regulation (AR 257/2000) to have (a) an occupation designated as (i) a compulsory certification trade under section 21 of the former Act, or (ii) an optional certification trade under section 22 of the former Act, or (b) the designation of a designated trade changed or rescinded under section 30 of the former Act, but was not concluded before the coming into force of this section, the application shall be deemed to be discontinued. (2) Where an application was made to the Minister under section 25 of the Apprenticeship and Industry Training Administration Regulation (AR 257/2000) to have (a) an occupation designated as a designated occupation under section 36 of the former Act, or (b) the designation of a designated occupation rescinded under a regulation made under section 37(1)(c) of the former Act, but was not concluded before the coming into force of this section, the application shall be deemed to be discontinued. Transitional — appeals 13 Where an appeal was commenced under Part 4 of the former Act but was not concluded before the coming into force of this section, the appeal must be dealt with (a) as if it were a request under section 8 of the Act for reconsideration by the Registrar, in the case of an appeal from (i) a refusal to register a person’s contract of apprenticeship, or (ii) a suspension or cancellation of a person’s contract of apprenticeship, or (b) as if it were a request under section 20 of the Act for reconsideration by the Administrator, in the case of an appeal from (i) a refusal to grant a trade certificate or occupational certificate to a person, or (ii) a suspension or cancellation of a person’s trade certificate or occupational certificate. Transitional — Board committees 14 (1) On the coming into force of this section, all of the following committees that may have been established by the former Board under the former Act are dissolved, and all appointments to those committees are rescinded: (a) local apprenticeship committees; (b) provincial apprenticeship committees; (c) occupational committees; (d) provisional committees respecting the designation of an occupation as a designated trade; (e) provisional committees respecting the designation of an occupation as a designated occupation; (f) any other committees established under section 12.1 of the former Act. (2) On the coming into force of this section, all of the following committees that may have been recognized by the former Board under the former Act are deemed to no longer be recognized in respect of matters that come under the Act: (a) occupational committees; (b) provisional committees respecting the designation of an occupation as a designated occupation; (c) any other committees recognized under section 12.1 of the former Act. Transitional — Board orders 15 On the coming into force of this section, all orders made by the former Board under section 3(2) of the former Act are repealed. Repeals 16 The following regulations are repealed: (a) Agricultural Equipment Technician Trade Regulation (AR 259/2000); (b) Appeal Rules Regulation (AR 58/99); (c) Appliance Service Technician Trade Regulation (AR 36/2007); (d) Apprenticeship and Industry Training Administration Regulation (AR 257/2000); (e) Apprenticeship Program Regulation (AR 258/2000); (f) Auto Body Technician Trade Regulation (AR 161/2008); (g) Automotive Service Technician Trade Regulation (AR 262/2000); (h) Baker Trade Regulation (AR 263/2000); (i) Boilermaker Trade Regulation (AR 264/2000); (j) Bricklayer Trade Regulation (AR 265/2000); (k) Cabinetmaker Trade Regulation (AR 266/2000); (l) Carpenter Trade Regulation (AR 267/2000); (m) Cathodic Protection Technician Exception Regulation (AR 16/2013); (n) Cathodic Protection Technician Occupation Regulation (AR 17/2013); (o) Communication Technician Trade Regulation (AR 312/2002); (p) Concrete Finisher Trade Regulation (AR 269/2000); (q) Construction Craft Worker Occupation Regulation (AR 270/2000); (r) Cook Trade Regulation (AR 271/2000); (s) Crane and Hoisting Equipment Operator Trade Regulation (AR 272/2000); (t) Designation of Compulsory Certification Trades Regulation (AR 224/2004); (u) Designation of Occupations Regulation (AR 285/2006); (v) Designation of Optional Certification Trades Regulation (AR 203/2000); (w) Electric Motor Systems Technician Trade Regulation (AR 273/2000); (x) Electrician Trade Regulation (AR 274/2000); (y) Elevator Constructor Trade Regulation (AR 276/2000); (z) Field Heat Treatment Technician Occupation Regulation (AR 123/2008); (aa) Floorcovering Installer Trade Regulation (AR 277/2000); (bb) Gas Utility Operator Occupation Regulation (AR 278/2000); (cc) Gasfitter Trade Regulation (AR 279/2000); (dd) Glazier Trade Regulation (AR 221/2014); (ee) Hairstylist Trade Regulation (AR 3/2020); (ff) Heavy Equipment Technician Trade Regulation (AR 282/2000); (gg) Industrial Construction Crew Supervisor Occupation Regulation (AR 33/2008); (hh) Industrial Mechanic (Millwright) Trade Regulation (AR 290/2000); (ii) Instrumentation and Control Technician Trade Regulation (AR 283/2000); (jj) Insulator (Heat and Frost) Trade Regulation (AR 284/2000); (kk) Ironworker Trade Regulation (AR 156/2006); (ll) Landscape Horticulturist Trade Regulation (AR 286/2000); (mm) Lather (Interior Systems Mechanic) Trade Regulation (AR 287/2000); (nn) Locksmith Trade Regulation (AR 288/2000); (oo) Machinist Trade Regulation (AR 289/2000); (pp) Metal Fabricator (Fitter) Trade Regulation (AR 306/2000); (qq) Motorcycle Mechanic Trade Regulation (AR 291/2000); (rr) Natural Gas Compression Technician Trade Regulation (AR 168/2011); (ss) Oil and Gas Transportation Services Occupation Regulation (AR 275/2004); (tt) Outdoor Power Equipment Technician Trade Regulation (AR 47/2001); (uu) Overhead Door Technician Occupation Regulation (AR 181/2014); (vv) Painter and Decorator Trade Regulation (AR 292/2000); (ww) Parts Technician Trade Regulation (AR 57/2008); (xx) Plumber Trade Regulation (AR 295/2000); (yy) Power System Electrician Trade Regulation (AR 297/2000); (zz) Powerline Technician Trade Regulation (AR 296/2000); (aaa) Recreation Vehicle Service Technician Trade Regulation (AR 299/2000); (bbb) Refrigeration and Air Conditioning Mechanic Trade Regulation (AR 300/2000); (ccc) Residential Construction Site Manager Occupation Regulation (AR 173/2011); (ddd) Roofer Trade Regulation (AR 301/2000); (eee) Sheet Metal Worker Trade Regulation (AR 303/2000); (fff) Slickline Services Occupation Regulation (AR 154/2013); (ggg) Snubbing Services Occupation Regulation (AR 286/2006); (hhh) Sprinkler Systems Installer Trade Regulation (AR 304/2000); (iii) Steamfitter ‑ Pipefitter Trade Regulation (AR 305/2000); (jjj) Steel Detailer Occupation Regulation (AR 239/2001); (kkk) Transport Refrigeration Technician Trade Regulation (AR 307/2000); (lll) Water Well Driller Trade Regulation (AR 94/2014); (mmm) Welder Trade Regulation (AR 314/2006); (nnn) Well Testing Services Supervisor Occupation Regulation (AR 276/2004). Coming into force 17 This Regulation comes into force on the coming into force of sections 10(1), 13(3), 22(1), 36(a) and 41(1) of the Skilled Trades and Apprenticeship Education Act .