Apprenticeship and Trade Certification Regulations, 2020, A-22.3 Reg 2

1 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 The Apprenticeship and Trade Certification Regulations, 2020 being Chapter A-22.3 Reg 2 (effective May 11, 2020). 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 APPRENTICESHIP AND TRADE Table of Contents A-22.3 REG 2 CERTIFICATION, 2020 PART 1 18 Conduct of elections Preliminary Matters 19 Election results 1 Title 20 Tie vote 2 Definitions and interpretation 21 Submission of name of elected representative PART 2 22 Retention of election records Selection of Commission Members DIVISION 6 DIVISION 1 General Industry Sectors 23 Expirations of appointments 3 Prescribed industry sectors 24 Vacancies 25 Additional selection procedures DIVISION 2 Designated Organizations PART 3 4 Designated organizations to select employee Compulsory Apprenticeship Trades and Sectors representatives 26 Prescribed compulsory apprenticeship trades 5 Designated organizations to select employer 27 Exemptions from certain requirements representatives PART 4 DIVISION 3 Hairstylist Trade Selecting Representatives 28 Hairstylist trade 6 Number of representatives to be selected PART 5 7 Selection process Overlapping Work DIVISION 4 29 Overlapping work Selection by Designated Organization PART 6 8 Written proposal for selecting representative Apprenticeship 9 Requirements for written proposal 30 Hours of work 10 Commission approval of written proposal 31 Minimum rates of pay 11 Selection of representative by appointment 32 Ratio of apprentices to journeypersons, etc. 12 Submission of name of selected representative 33 RSS c A-22.2 Reg 3 repealed DIVISION 5 34 Coming into force Selection by Designated Industry Group Appendix 13 Selection by election Table 1 Industry Sectors 14 Nominations Table 2 Selection of Employee Representatives 15 Election by acclamation Table 3 Selection of Employer Representatives 16 One vote Table 4 Compulsory Apprenticeship Trades 17 Trade boards Table 5 Minimum Rates of Pay Table 6 Ratio of Apprentices to Journeypersons 3 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 CHAPTER A-22.3 REG 2 The Apprenticeship and Trade Certification Act, 2019 PART 1 Preliminary Matters Title 1 These regulations may be cited as The Apprenticeship and Trade Certification Regulations, 2020. Definitions and interpretation 2(1) In these regulations: “Act” means The Apprenticeship and Trade Certification Act, 2019; “apprenticeship program” means an apprenticeship program within the meaning of the commission regulations; “commission regulations” means regulations made by the commission pursuant to section 29 of the Act; “designated industry group” means the organizations designated pursuant to clause 4(1)(b) or subsection 4(2) or 5(2) to select a representative for appointment to the commission from the industry sector to which those organizations belong; “designated organization” means an organization designated pursuant to clause 4(1)(a) or subsection 5(1) to select a representative for appointment to the commission from the industry sector to which the designated organization belongs; “indentured”, in the case of an apprentice, means to be party to a valid contract: (a) that is entered into with, as the case may be: (i) an employer; (ii) a joint training committee; or (iii) the commission; and (b) that is registered with the commission in accordance with the commission regulations; 4 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 “occupational certificate” means an occupational certificate issued pursuant to the commission regulations; “occupational certificate holder” means a person who holds a valid occupational certificate; “organization” means an employee organization, an employer organization or a trade board, as the case requires; “proficiency certificate” means a proficiency certificate issued pursuant to the commission regulations; “proficiency certificate holder” means a person who holds a valid proficiency certificate; “representative” means an employee representative or an employer representative, as the case requires; “Table” means a Table of the Appendix; “trade board” means a trade board appointed pursuant to section 24 of the Act; “trade regulation”, with respect to a designated trade, subtrade or occupation means any provision in the commission regulations that is applicable only to that designated trade, subtrade or occupation. (2) In these regulations, a reference to a designated trade, subtrade or occupation by one name is to be interpreted as a reference to the designated trade, subtrade or occupation by any other name that may be given to the designated trade, subtrade or occupation from time to time, by the commission pursuant to the commission regulations. 15 May 2020 c A-22.3 Reg 2 s2. PART 2 Selection of Commission Members DIVISION 1 Industry Sectors Prescribed industry sectors 3(1) The industry sectors listed in column 1 of Table 1 are prescribed as industry sectors for the purposes of the Act. (2) Each industry sector is composed of the designated trades listed in column 2 opposite the industry sector listed in column 1 of Table 1. 15 May 2020 c A-22.3 Reg 2 s3. 5 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 DIVISION 2 Designated Organizations Designated organizations to select employee representatives 4(1) For the purposes of clause 5(4)(d) of the Act: (a) the employee organization listed in column 2 opposite an industry sector listed in column 1 in Part 1 of Table 2 is designated as the designated organization responsible for selecting an employee representative for appointment to the commission from that industry sector; and (b) the trade boards listed in column 2 and the employee organizations listed in column 3 opposite an industry sector listed in column 1 in Part 2 of Table 2 are designated as the designated industry group responsible for selecting an employee representative for appointment to the commission from that industry sector. (2) Notwithstanding clause (1)(a), the trade boards listed in column 3 and the employee organizations listed in column 4 in Part 1 of Table 2 are designated as the designated industry group responsible for selecting an employee representative for appointment to the commission from that industry sector if the employee organization designated in accordance with clause (1)(a): (a) declines to select an employee representative for appointment to the commission from that industry sector; or (b) fails to submit an acceptable proposal to the commission in accordance with Division 4 of this Part. 15 May 2020 c A-22.3 Reg 2 s4. Designated organizations to select employer representatives 5(1) For the purposes of clause 5(4)(e) of the Act, the employer organization listed in column 2 opposite an industry sector listed in column 1 of Table 3 is designated as the designated organization responsible for selecting an employer representative for appointment to the commission from that industry sector. (2) Notwithstanding subsection (1), the trade boards listed in column 3 and the employer organizations listed in column 4 of Table 3 are designated as the designated industry group responsible for selecting an employer representative for appointment to the commission from that industry sector if the employer organization designated in accordance with subsection (1): (a) declines to select an employer representative for appointment to the commission from that industry sector; or (b) fails to submit an acceptable proposal to the commission in accordance with Division 4 of this Part. 15 May 2020 c A-22.3 Reg 2 s5. 6 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 DIVISION 3 Selecting Representatives Number of representatives to be selected 6(1) Subject to subsection (2), each designated organization and designated industry group must select one representative for appointment to the commission. (2) The commission may direct a designated organization or designated industry group to select more than one representative for appointment to the commission. 15 May 2020 c A-22.3 Reg 2 s6. Selection process 7(1) A designated organization shall select a representative by appointment in accordance with Division 4 of this Part. (2) A designated industry group shall select a representative by election in accordance with Division 5 of this Part. 15 May 2020 c A-22.3 Reg 2 s7. DIVISION 4 Selection by Designated Organization Written proposal for selecting representative 8 Before a designated organization may select a representative for appointment to the commission: (a) the designated organization must submit to the commission a written proposal that: (i) complies with these regulations; and (ii) sets out the process that the designated organization must follow in selecting a representative from the industry sector to which the designated organization belongs; and (b) the commission must approve the written proposal mentioned in clause (a). 15 May 2020 c A-22.3 Reg 2 s8. Requirements for written proposal 9(1) A written proposal mentioned in section 8 must include a process to ensure that each organization represented by a designated organization is: (a) notified that a representative is to be selected for appointment to the commission; (b) advised of the process that the designated organization must follow in selecting a representative; and (c) advised that any individual associated with that organization is eligible for selection as a representative. 7 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (2) For the purposes of subsection (1): (a) the trade boards and employee organizations represented by a designated organization for the purposes of selecting an employee representative are listed in columns 3 and 4 opposite the designated organization in column 2 in Part 1 of Table 2; and (b) the trade boards and employer organizations represented by a designated organization for the purposes of selecting an employer representative are listed in columns 3 and 4 opposite the designated organization in column 2 of Table 3. 15 May 2020 c A-22.3 Reg 2 s9. Commission approval of written proposal 10(1) On receipt of a written proposal mentioned in section 8, the commission may: (a) approve the written proposal, on any terms and conditions that the commission considers appropriate; or (b) reject the written proposal. (2) In appointing a representative, a designated organization must comply with any terms and conditions imposed by the commission with respect to the written proposal of the designated organization pursuant to clause (1)(a). 15 May 2020 c A-22.3 Reg 2 s10. Selection of representative by appointment 11(1) On approval of the written proposal of a designated organization pursuant to section 10, the designated organization shall, in accordance with the written proposal: (a) advise the organizations represented by the designated organization that a representative is to be selected for appointment to the commission; and (b) select a representative for appointment to the commission. (2) In selecting a representative pursuant to subsection (1), the designated organization shall: (a) fairly consider: (i) all individuals who advise the designated organization, in writing, that they are interested in being selected as the representative; (ii) all submissions supporting a proposed representative received from organizations that belong to the industry sector from which the representative is to be selected; and (iii) all submissions respecting the suitability of a proposed representative that are received from organizations that belong to the industry sector from which the representative is to be selected; and 8 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 (b) base its decision on who, in the opinion of the designated organization, is most able: (i) to assist the commission in meeting its obligations to: (A) the public; (B) employers, employees, apprentices, tradespersons, journeypersons, proficiency certificate holders and occupational certificate holders; and (C) the Crown; and (ii) to address any concerns unique to the industry sector from which the individual seeks to be selected. 15 May 2020 c A-22.3 Reg 2 s11. Submission of name of selected representative 12(1) After a designated organization has selected a representative in accordance with this Division, the designated organization shall advise the commission of the name of the representative selected. (2) On being advised pursuant to subsection (1), the commission shall, in writing, advise: (a) the minister of: (i) the name of the representative selected; and (ii) the industry sector to which the representative and designated organization belong; and (b) each organization belonging to the industry sector of the name of the representative selected by the designated organization. 15 May 2020 c A-22.3 Reg 2 s12. DIVISION 5 Selection by Designated Industry Group Selection by election 13(1) If a designated industry group is to select a representative for appointment to the commission by way of election, the commission shall: (a) set the date for the election; and (b) advise each organization within the designated industry group of the election date. (2) In setting the date for the election pursuant to subsection (1), the commission shall allow sufficient time for nominations. 9 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (3) A person nominating or voting for a representative pursuant to this Division shall consider who, in that person’s opinion, is most able: (a) to assist the commission in meeting its obligations to: (i) the public; (ii) employers, employees, apprentices, tradespersons, journeypersons, proficiency certificate holders and occupational certificate holders; and (iii) the Crown; and (b) to address any concerns unique to the industry sector from which the individual seeks to be selected. 15 May 2020 c A-22.3 Reg 2 s13. Nominations 14 The commission shall implement a process to solicit nominations from the industry sector for which an election is being held pursuant to this Division. 15 May 2020 c A-22.3 Reg 2 s14. Election by acclamation 15 A nominee is elected by acclamation if only one nomination is made for a position to be filled by election. 15 May 2020 c A-22.3 Reg 2 s15. One vote 16 Each organization, other than a trade board, within a designated industry group has one vote in an election to select a representative to the commission from the industry sector to which the organization belongs. 15 May 2020 c A-22.3 Reg 2 s16. Trade boards 17(1) Subject to subsections (2) to (4), each member of a trade board has one vote to select a representative to the commission from the industry sector to which the trade board belongs. (2) If a trade board is part of more than one industry sector, only those members of the trade board who belong to the industry sector for which a representative is being elected shall vote. (3) An employee trade board member may only vote for an employee representative to the commission. (4) An employer trade board member may only vote for an employer representative to the commission. 15 May 2020 c A-22.3 Reg 2 s17. 10 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 Conduct of elections 18 In conducting an election pursuant to this Division, the commission shall ensure that: (a) all organizations and individuals entitled to vote in the election are notified of the date of the election and of the names of the nominees; (b) the organizations and individuals entitled to vote are given an opportunity to vote and only those organizations and individuals entitled to vote cast ballots; and (c) all votes are cast by secret ballot. 15 May 2020 c A-22.3 Reg 2 s18. Election results 19 The nominee with the most votes is selected as the representative to the commission from the industry sector to which the designated industry group participating in the election belongs. 15 May 2020 c A-22.3 Reg 2 s19. Tie vote 20 In the event of a tie vote, the commission shall conduct a draw among the tied nominees to determine which individual is elected. 15 May 2020 c A-22.3 Reg 2 s20. Submission of name of elected representative 21 After a designated industry group has selected a representative for appointment to the commission in accordance with this Division, the commission shall, in writing, advise: (a) the minister of: (i) the name of the representative selected; and (ii) the industry sector to which the representative and designated industry group belong; and (b) each organization belonging to the industry sector of the name of the representative selected by the designated industry group. 15 May 2020 c A-22.3 Reg 2 s21. Retention of election records 22 The commission shall not destroy the ballots or any other records connected with an election until 60 days have elapsed after the date of the election. 15 May 2020 c A-22.3 Reg 2 s22. 11 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 DIVISION 6 General Expirations of appointments 23 At least 6 months before a representative’s appointment to the commission expires, the commission shall: (a) notify the designated organization, or each organization belonging to the designated industry group, that selected the representative of the expiry date for the appointment; (b) review the relevant list of designated organizations and designated industry groups as set out in Tables 2 and 3; (c) recommend to the minister any change that may be appropriate to the relevant list; (d) review the industry sectors in column 1 of Table 1 and determine the number of apprentices and the number of examinations written in each industry sector; and (e) recommend to the minister any realignment of industry sectors or changes in representation on the commission to ensure appropriate sector representation on the commission. 15 May 2020 c A-22.3 Reg 2 s23. Vacancies 24(1) If the office of a representative to the commission becomes vacant before the expiry date of the representative’s appointment, the commission may direct, as the case requires: (a) the designated organization that selected the representative to fill the vacancy in accordance with the selection process set out in Division 4 of this Part; or (b) the designated industry group that selected the representative to fill the vacancy in accordance with the selection process set out in Division 5 of this Part. (2) The person selected to fill a vacancy pursuant to subsection (1) holds office for the remainder of the term of the person who vacated the office. (3) If a representative to the commission dies or resigns, he or she ceases to be a member of the commission on the date of death or on the date the resignation is received by the commission, as the case may be. 15 May 2020 c A-22.3 Reg 2 s24. Additional selection procedures 25 The commission may determine, by resolution, any additional procedures that the commission considers necessarily incidental to selecting representatives for appointment to the commission for the purposes of clauses 5(4)(d) and (e) of the Act. 15 May 2020 c A-22.3 Reg 2 s25. 12 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 PART 3 Compulsory Apprenticeship Trades and Sectors Prescribed compulsory apprenticeship trades 26 For the purposes of subsection 22(1) of the Act, the designated trades, subtrades and occupations listed in Table 4 are prescribed as compulsory apprenticeship trades, subtrades and occupations. 15 May 2020 c A-22.3 Reg 2 s26. Exemptions from certain requirements 27(1) For the purposes of clause 43(1)(d) of the Act, a person who intends to become indentured in a compulsory apprenticeship trade, subtrade or occupation may work in the compulsory apprenticeship trade, subtrade or occupation, before becoming indentured in the compulsory apprenticeship trade, subtrade or occupation for the first time, for a period of not more than one-half the number of hours in an apprenticeship year as prescribed by the trade regulation for that designated trade, subtrade or occupation. (2) For the purposes of clause 43(1)(e) of the Act, any person who is registered in a program of training in another province or territory of Canada that is recognized by the commission as equivalent to a plan of apprenticeship in a compulsory apprenticeship trade, subtrade or occupation may work in that compulsory apprenticeship trade, subtrade or occupation in Saskatchewan while that person remains registered in that recognized equivalent program of training, but when working in Saskatchewan that person is subject to the same rules, conditions and supervision that apply to an apprentice in that compulsory apprenticeship trade, subtrade or occupation. (3) The commission may issue a special permit authorizing a tradesperson to work in a compulsory apprenticeship trade, subtrade or occupation if: (a) the tradesperson applies to the commission for a special permit; and (b) the commission is satisfied that the tradesperson commenced work in the compulsory apprenticeship trade, subtrade or occupation: (i) before December 1, 1976, in the case of the electrician, plumber and sheet metal worker trades; (ii) before December 1, 1988, in the case of the refrigeration mechanic trade; or (iii) before the trade was designated as a compulsory apprenticeship trade, subtrade or occupation pursuant to these regulations, in the case of a compulsory apprenticeship trade, subtrade or occupation not mentioned in subclause (i) or (ii). 13 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (4) The commission may issue a special permit authorizing a person to work in a compulsory apprenticeship trade, subtrade or occupation or other designated trade, subtrade or occupation if: (a) the person applies to the commission for a special permit; and (b) the commission is satisfied that the person either: (i) holds valid qualifications from another province or territory of Canada that are equivalent to the journeyperson qualifications, proficiency certificate qualifications or occupational certificate qualifications required in Saskatchewan to work in that compulsory apprenticeship trade, subtrade or occupation or other designated trade, subtrade or occupation; or (ii) has a combination of certification and training that, in the opinion of the commission, is appropriate for the work permitted by the special permit. (5) For the purposes of clause 43(1)(e) of the Act, the commission may authorize a person who has applied for an apprenticeship program but does not meet the educational entry requirements for that apprenticeship program to work in a compulsory apprenticeship trade, subtrade or occupation while that person is working to meet those educational entry requirements. (6) The commission may restrict the scope of work that the holder of a special permit is permitted to do to any or all of the following: (a) a place or places of business as specified in the permit; (b) a class or classes of work as specified in the permit. 15 May 2020 c A-22.3 Reg 2 s27. PART 4 Hairstylist Trade Hairstylist trade 28(1) In this section, “trade” means the trade designated as the “hairstylist trade” pursuant to the commission regulations. (2) This section applies to employers, tradespersons, journeypersons and apprentices in the trade and any other person who performs work of the trade, except persons performing overlapping work in the trade pursuant to section 29. (3) For the purposes of this section: (a) a person who holds a valid cosmetologist or barber stylist learner’s certificate issued pursuant to these regulations is deemed to meet the learner’s certificate requirements; 14 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 (b) a person who holds a valid cosmetologist or barber stylist special permit issued pursuant to these regulations is deemed to meet the special permit requirements; (c) a person who holds a valid cosmetologist or barber stylist journeyperson certificate issued pursuant to these regulations is deemed to meet the journeyperson certificate of qualification requirements. (4) Subject to subsections (5) to (11): (a) no person shall work in the trade unless that person is a journeyperson or a holder of a learner’s certificate in the trade; and (b) no employer shall employ any person in the trade unless that person is a journeyperson or a holder of a learner’s certificate in the trade. (5) A person who held a valid certificate of status in the trade on September 1, 1986 issued pursuant to regulations made pursuant to The Apprenticeship and Trade Qualification Act may continue to work in the trade after the expiry date of that person’s certificate if that person obtains a special permit from the commission. (6) A person may work in the trade in the 90 days following the completion of the training program required for the trade pursuant to the commission regulations if the person has: (a) successfully completed the training program; and (b) applied for any learner’s certificate that may be required for the trade pursuant to the commission regulations. (7) Unless a person meets the requirements of subsection (8), no person who commences work in the trade on or after September 2, 1986 shall work in the trade after the expiry of 1 year from: (a) in the case of an apprentice, the completion of the apprentice’s final apprenticeship year; or (b) in any other case, the completion of 5,400 hours of work in the trade. (8) A person mentioned in subsection (7) may continue to work in the trade after the applicable period mentioned in that subsection if the person has: (a) been awarded a journeyperson certificate of qualification in the trade; (b) applied to take the journeyperson trade examination but, for reasons acceptable to the commission, has not yet taken the examination; (c) taken the journeyperson trade examination and is awaiting the results of the examination; or (d) having failed the journeyperson trade examination, acted in compliance with the commission regulations to make any further attempts permitted by those regulations. 15 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (9) For the purposes of subsection (7), the following are deemed to be work in the trade, as prescribed in the commission regulations: (a) completion of the training program for the trade; (b) hours of credit in the trade granted by the commission; (c) advanced standing in the trade previously granted by the commission. (10) If the commission has reason to believe that a person is working in the trade contrary to subsection (7), the commission may serve notice on that person requiring the person, within a period specified in the notice or within any further time that the commission may allow, to be examined by the commission respecting the person’s work in the trade. (11) No person shall operate a place of business at which one or more persons are engaged in the trade unless at least one person who holds a journeyperson certificate of qualification in the trade is on duty at all times during which the place of business is open to the public. (12) Subsection (11) only applies to a place of business that is: (a) established on or after September 2, 1986; or (b) sold, leased, transferred or otherwise continued on or after September 2, 1986. 15 May 2020 c A-22.3 Reg 2 s28. PART 5 Overlapping Work Overlapping work 29(1) In this section, “overlapping work” means any work of a compulsory apprenticeship trade, subtrade or occupation, or of a designated trade, subtrade or occupation for which regulations are made pursuant to clause 59(1)(i) of the Act, that is the same as part of the work of another designated trade, subtrade or occupation. (2) A person who meets all requirements necessary to perform work in a designated trade, subtrade or occupation may perform overlapping work in another designated trade, subtrade or occupation if the overlapping work is part of the work of the designated trade, subtrade or occupation. (3) An employer may employ a person to perform overlapping work if the person meets the requirements mentioned in subsection (2). 15 May 2020 c A-22.3 Reg 2 s29. 16 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 PART 6 Apprenticeship Hours of work 30(1) In this section: “regular hours of work of a journeyperson, proficiency certificate holder or occupational certificate holder” means the maximum number of hours, established pursuant to any law, custom, contract or other arrangement, that a journeyperson, proficiency certificate holder or occupational certificate holder may work in a period without becoming entitled to overtime pay; “statutory regular hours of work” means the maximum number of hours, prescribed by The Saskatchewan Employment Act or the Canada Labour Code, as the case may require, that any employee may work in a period without becoming entitled to overtime pay. (2) The hours of work of an apprentice and the payment to an apprentice for overtime are not to contravene the provisions of The Saskatchewan Employment Act or the Canada Labour Code, as the case may require. (3) Notwithstanding subsection (2), if the regular hours of work of a journeyperson, proficiency certificate holder or occupational certificate holder working at the place of employment of an apprentice are less than the statutory regular hours of work: (a) the regular hours of work of the apprentice are deemed to be the regular hours of work of the journeyperson, proficiency certificate holder or occupational certificate holder; and (b) the apprentice is entitled to be paid overtime pay for any hours of work that the apprentice performs in excess of those regular hours of work. (4) Notwithstanding subsections (2) and (3), if the regular hours of work and entitlement to overtime pay of an apprentice are established by a collective bargaining agreement, the apprentice is entitled to be paid overtime in accordance with that agreement. 15 May 2020 c A-22.3 Reg 2 s30. Minimum rates of pay 31(1) In this section and in Table 5, “first half of an apprenticeship year” means the period required to complete one-half of the hours of an apprenticeship year in a designated trade, subtrade or occupation as prescribed in the trade regulation for that designated trade, subtrade or occupation. (2) The employer of an apprentice in a designated trade, subtrade or occupation that is listed in Table 5 shall pay wages to the apprentice at a rate not less than the rate set out in Table 5 for that designated trade, subtrade or occupation. 17 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (3) Unless otherwise prescribed by Table 5, the employer of an apprentice shall pay wages to the apprentice during the first half of the first apprenticeship year at a rate not less than the greater of: (a) the minimum wage established pursuant to The Saskatchewan Employment Act or the Canada Labour Code, as the case may require; and (b) 40% of the hourly rate of a newly qualified journeyperson, proficiency certificate holder or occupational certificate holder in the employer’s establishment. (4) Unless otherwise prescribed by Table 5, an apprentice’s employer shall: (a) subject to clause (b), increase the wages paid to the apprentice in approximately equal increments at the completion of: (i) the first half of each apprenticeship year; and (ii) each apprenticeship year; and (b) during the last half of the final apprenticeship year, pay the apprentice not less than 90% of the hourly rate of a newly qualified journeyperson, proficiency certificate holder or occupational certificate holder in the employer’s establishment. (5) An employer shall adjust the rate of wages paid to an apprentice in the event that the hourly rate of a newly qualified journeyperson, proficiency certificate holder or occupational certificate holder in the employer’s establishment is adjusted upward. (6) If an apprentice’s rate of pay established by any law, custom, contract or other arrangement outside these regulations is higher than the rate of pay to which the apprentice is entitled pursuant to this section, the apprentice is entitled to be paid at the rate established by that law, custom, contract or arrangement. (7) Notwithstanding subsections (2) to (6), if an apprentice’s rate of pay is established by a collective bargaining agreement, the apprentice is entitled to be paid in accordance with that agreement. 15 May 2020 c A-22.3 Reg 2 s31. Ratio of apprentices to journeypersons, etc. 32(1) In this section: “ratio” means the maximum number of apprentices that may be employed by an employer in a designated trade, subtrade or occupation based on the number of journeypersons, proficiency certificate holders or occupational certificate holders of the designated trade, subtrade occupation, as the case may be, who are working in or are employed by the employer at the apprentice’s normal place of work; “temporary ratio” means the ratio of apprentices to journeypersons, proficiency certificate holders or occupational certificate holders assigned by the commission for a designated trade, subtrade or occupation pursuant to subsection (6). 18 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 (2) No employer shall employ more apprentices in a designated trade, subtrade or occupation than are permitted pursuant to this section. (3) Subject to subsections (4) and (6), an employer who is a journeyperson working in a designated trade in Saskatchewan, or who employs one journeyperson in a designated trade in Saskatchewan, may employ: (a) two apprentices in the designated trade; and (b) two additional apprentices in the designated trade for each additional journeyperson in the designated trade employed by the employer within Saskatchewan. (4) An employer who is a journeyperson working in a designated trade in Saskatchewan that is listed in Table 6, or who employs one journeyperson in a designated trade in Saskatchewan that is listed in Table 6, may employ the number of apprentices to the number of journeypersons as set out in Table 6 for that designated trade. (5) An employer who is a proficiency certificate holder working in a designated subtrade of a designated trade in Saskatchewan, or who employs one proficiency certificate holder in a designated subtrade of a designated trade in Saskatchewan, may employ: (a) two apprentices in the designated subtrade; and (b) two additional apprentices in the designated subtrade for each additional proficiency certificate holder in the designated subtrade employed by the employer within Saskatchewan. (6) An employer who is an occupational certificate holder working in a designated occupation in Saskatchewan, or who employs one occupational certificate holder in a designated occupation in Saskatchewan, may employ: (a) two apprentices in the designated occupation; and (b) two additional apprentices in the designated occupation for each additional occupational certificate holder in the designated occupation employed by the employer within Saskatchewan. (7) Notwithstanding subsection (3), when the commission designates a trade, subtrade or occupation as a designated trade, subtrade or occupation, the commission may assign a temporary ratio of apprentices to journeypersons, proficiency certificate holders or occupational certificate holders for the designated trade, subtrade or occupation, as the case may be, within a range of 1:1 to 3:1. (8) Within 45 days after designating a trade, subtrade or occupation as a designated trade, subtrade or occupation, the commission shall advise the minister of any temporary ratio assigned to the designated trade, subtrade or occupation pursuant to subsection (7). (9) If the ratio that is prescribed by these regulations for a designated trade, subtrade or occupation after the commission has assigned a temporary ratio conflicts with that temporary ratio, the ratio prescribed by these regulations prevails. 19 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 (10) Notwithstanding any other provision of this section, an employer shall ensure that there are at least as many journeypersons, proficiency certificate holders or occupational certificate holders employed and available to supervise an apprentice at the apprentice’s normal place of work as are required, as the case may be: (a) by the ratio set out in or established pursuant to subsection (3), (5), (6) or (13); (b) by the ratio set out in Table 6; or (c) by the temporary ratio pursuant to subsection (7). (11) A person who is working in a compulsory apprenticeship trade, subtrade or occupation in accordance with subsection 27(1) is deemed to be an apprentice for the purpose of determining compliance with the ratio or temporary ratio, as the case may be. (12) The commission may permit a person who holds valid qualifications in another province or territory of Canada equivalent to: (a) the Saskatchewan Journeyperson Certificate of Qualification to be considered a journeyperson for the purposes of this section; (b) a proficiency certificate to be considered a proficiency certificate holder for the purposes of this section; or (c) an occupational certificate to be considered an occupational certificate holder for the purposes of this section. (13) Notwithstanding any other provision of this section, the commission may authorize an employer to employ additional apprentices if, in the commission’s opinion, the circumstances warrant it. (14) Notwithstanding any other provision of this section, if the ratio for a designated trade, subtrade or occupation is changed pursuant to these regulations, the commission and an employer may enter into an agreement establishing a plan to phase in the implementation of the new ratio in the employer’s business. (15) Compliance with a plan established pursuant to subsection (14) is deemed to be compliance for the purposes of this section with the ratio prescribed for the designated trade, subtrade or occupation. (16) In the case of a designated trade, subtrade or occupation in which the commission has determined the applicable ratio is not satisfied, the commission may deem a person to be a journeyperson, proficiency certificate holder or occupational certificate holder, as the case may be, in the designated trade, subtrade or occupation for the purposes of satisfying the requirements of the applicable ratio if the person has training and experience in the designated trade, subtrade or occupation that, in the commission’s opinion, is equivalent to that of a journeyperson, proficiency certificate holder or occupational certificate holder, as the case may be. (17) Notwithstanding subsections (3) to (7), an employer may employ in the designated trade, subtrade or occupation, as the case may be, in addition to the number of apprentices permitted by those subsections, one or more apprentices who have completed all the requirements for advancement into the final apprenticeship year of the appropriate apprenticeship program. 15 May 2020 c A-22.3 Reg 2 s32. 20 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 RSS c A-22.2 Reg 3 repealed 33 The Apprenticeship and Trade Certification Regulations, 2003 are repealed. 15 May 2020 c A-22.3 Reg 2 s33. Coming into force 34(1) Subject to subsection (2), these regulations come into force on the day on which section 1 The Apprenticeship and Trade Certification Act, 2019 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Apprenticeship and Trade Certification Act, 2019 comes into force, these regulations come into force on the day on which they were filled with the Registrar of Regulations. 15 May 2020 c A-22.3 Reg 2 s34. Appendix TABLE 1 [Sections 3 and 23] Industry Sectors Column 1 Column 2 Industry sectors Designated trades Agriculture, Tourism cook; esthetician; food and beverage person; guest services representative; and Service hairstylist; landscape horticulturist; locksmith; pork production technician Construction boilermaker; bricklayer; cabinetmaker; carpenter; construction craft labourer; *construction electrician; glazier; *industrial mechanic (millwright); insulator (heat and frost), ironworker (reinforcing); ironworker (structural/ornamental); lather (interior systems mechanic); mobile crane operator; painter and decorator; pipeline equipment operator; plumber; powerline technician; *refrigeration and air conditioning mechanic; roofer; sheet metal worker; sprinkler fitter; steamfitter – pipefitter; tilesetter; water well driller Production and *construction electrician; electronics assembler; *industrial mechanic Maintenance (millwright); instrumentation and control technician; machinist; metal fabricator (fitter); *refrigeration and air conditioning mechanic; rig technician; welder Motive Repair agricultural equipment technician; aircraft maintenance engineer technician; auto body and collision technician; automotive service technician; heavy duty equipment technician; parts technician; recreation vehicle service technician; truck and transport mechanic * The designated trade is part of more than one industry sector. 15 May 2020 c A-22.3 Reg 2. 21 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 TABLE 2 [Sections 4, 9 and 23] Selection of Employee Representatives PART 1 Designated Organizations Column 1 Column 2 Column 3 Column 4 Industry sector Designated Trade Employee organization boards organizations Construction Saskatchewan - Boilermaker - Bricklayers and Allied Provincial - Bricklayer Craftworkers Local 1, Building and Saskatchewan - Cabinetmaker Construction - Construction and - Carpenter Trades Council General Workers’ Union, - Construction craft Local 180 labourer - International Association - *Construction electrician of Bridge, Structural, - Glazier Ornamental and - *Industrial mechanic Reinforcing Ironworkers, (millwright) Local 771 - International Association - Insulator (heat and frost) of Heat and Frost - Ironworker (reinforcing) Insulators and Asbestos - Ironworker (structural/ Workers, Local 119 ornamental) - International - Lather (interior systems Brotherhood of mechanic) Boilermakers, Local 558 - Mobile crane operator - International - Painter and decorator Brotherhood of Electrical Workers, Local 529 - Pipeline equipment operator - International Brotherhood of Electrical - Plumber Workers, Local 2038 - Powerline technician - International - *Refrigeration and air Brotherhood of Painters conditioning mechanic and Allied Trades, - Roofer Local 739 - Sheet metal worker - International Union of Elevator Constructors, - Sprinkler fitter Local 102 - Steamfitter - pipefitter - International Union of - Tilesetter Operating Engineers, - Water well driller Local 870 - Millwrights, Local 1021 - Saskatchewan Federation of Labour - Saskatchewan Government & General Employees Union - Saskatchewan Provincial Building and Construction Trades Council - Sheet Metal Workers’ International Association, Local 296 - The United Association of Journeymen & Apprentices of the Plumbing and Pipe Fitting Industry of the US & Canada, Local 179 - United Brotherhood of Carpenters & Joiners of America, Local 1985 22 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 Production and Saskatchewan - *Construction electrician - Canadian Union of Public Maintenance Federation of - Electronics assembler Employees Labour - *Industrial mechanic - Communications, Energy (millwright) and Paperworkers’ Union - Instrumentation and - International control technician Brotherhood of Electrical Workers, Local 2067 - Machinist - Saskatchewan Federation - Metal fabricator (fitter) of Labour - *Refrigeration and air - The United Association conditioning mechanic of Journeymen & - Rig technician Apprentices of the - Welder Plumbing and Pipe Fitting Industry of the US and Canada, Local 179 - United Steelworkers, Local 7916 - United Steelworkers of America, Local 5890 PART 2 Designated Industry Groups Column 1 Column 2 Column 3 Industry Trade Employee sector boards organizations Agriculture, Tourism and Service - Cook - Canadian Union of Public - Esthetician Employees - Food and beverage person - Communications, Energy and Paperworkers’ Union - Guest services representative - Hotel Employees and Restaurant Employees - Hairstylist Union, Local 41 - Landscape horticulturist - National Automobile, - Locksmith Aerospace, - Pork production Transportation and technician General Workers Union of Canada (CAW- CANADA) - Public Service Alliance of Canada - Sask Joint Board Retail, Wholesale and Department Store Union - Saskatchewan Federation of Labour - Saskatchewan Government & General Employees Union - Service Employees International Union - United Food and Commercial Workers Union, Local 1400 23 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 Motive Repair - Agricultural equipment - Canadian Office and technician Professional Employees - Aircraft maintenance Union, Local 397 engineer technician - Canadian Union of Public - Auto body and collision Employees technician - International - Automotive service Brotherhood of technician Teamsters, Local 395 - Heavy duty equipment - National Automobile, technician Aerospace, Transportation and - Parts technician General Workers Union - Recreation vehicle service of Canada (CAW- technician CANADA) - Truck and transport - Saskatchewan Federation mechanic of Labour - Saskatchewan Government & General Employees Union - United Steelworkers of America, Local 5890 * The trade board is part of more than one industry sector. 15 May 2020 c A-22.3 Reg 2. TABLE 3 [Sections 5, 9 and 23] Selection of Employer Representatives Column 1 Column 2 Column 3 Column 4 Industry Designated Trade Employer sector organization boards organizations Construction Saskatchewan - Boilermaker - Canadian Home Builders’ Construction - Bricklayer Association - Saskatchewan Association, Inc. - Cabinetmaker - CLR Construction Labour Relations Association of - Carpenter Saskatchewan Inc. - Construction craft labourer - Electrical Contractors - *Construction electrician Association of - Glazier Saskatchewan, Inc. - *Industrial mechanic - General Contractors (millwright) Association of - Insulator (heat and frost) Saskatchewan Incorporated - Ironworker (reinforcing) - Mechanical Contractors - Ironworker (structural/ Association of ornamental) Saskatchewan Inc. - Lather (interior systems - Merit Contractors mechanic) Association Inc. - Mobile crane operator - Saskatchewan Construction Association, Inc. - Painter and decorator - Saskatchewan Heavy - Pipeline equipment operator Construction Association - Plumber - Saskatchewan Masonry - Powerline technician Institute, Inc. - *Refrigeration and air - Saskatchewan Professional conditioning mechanic Painting Contractors - Roofer Association Inc. - Sheet metal worker - Sprinkler fitter - Steamfitter - pipefitter - Tilesetter - Water well driller 24 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 Column 1 Column 2 Column 3 Column 4 Industry Designated Trade Employer sector organization boards organizations Production and Saskatchewan - *Construction electrician - Canadian Industry of Maintenance Mining - Electronics assembler Forestry - Saskatchewan Association - *Industrial mechanic - Saskatchewan Mining (millwright) Association Inc.

- Instrumentation and control - Saskatchewan Steel technician Fabricators & Erectors Association - Machinist - Saskatchewan Trade and - Metal fabricator (fitter) Export Partnership (STEP) - *Refrigeration and air conditioning mechanic - Rig technician - Welder Motive Repair Saskatchewan - Agricultural equipment - Saskatchewan Association Automobile technician of Automotive Repairers Dealers’ - Aircraft maintenance Inc. Association engineer technician - Saskatchewan Automobile - Auto body and collision Dealers’ Association technician - Saskatchewan Trucking - Automotive service Association technician - Heavy duty equipment technician - Parts technician - Recreation vehicle service technician - Truck and transport mechanic Agriculture, Tourism - Cook - Agricultural Manufacturers Tourism and Saskatchewan - Esthetician of Canada Service - Food and beverage person - Canada West Equipment Dealers Association - Guest services representative - Canadian Federation of Independent Business - Hairstylist - Canadian Restaurant and - Landscape horticulturist Food Services Association - Locksmith - Sask Pork - Pork production technician - Saskatchewan Chamber of Commerce - Saskatchewan Greenhouse Growers Association - Saskatchewan Hotel and Hospitality Association - Saskatchewan Nursery Landscape Association - Saskatchewan Professional Locksmith Association Inc. - Tourism Saskatchewan * The trade board is part of more than one industry sector. 15 May 2020 c A-22.3 Reg 2. 25 APPRENTICESHIP AND TRADE CERTIFICATION, 2020 A-22.3 REG 2 TABLE 4 [Section 26] Compulsory Apprenticeship Trades Compulsory Apprenticeship Trades Construction Electrician Plumber Refrigeration and Air Conditioning Mechanic Sheet Metal Worker Sprinkler Fitter 15 May 2020 c A-22.3 Reg 2. TABLE 5 [Section 31] Minimum Rates of Pay Designated Trade Minimum Rate of Pay Requirements Hairstylist The employer of an apprentice in the trade shall pay wages to the apprentice during the first six months of the apprentice’s employment at a rate not less than the minimum wage established pursuant to The Saskatchewan Employment Act or the Canada Labour Code, as the case may require. The employer of the apprentice shall pay wages to the apprentice, beyond the first half of an apprenticeship year, at a rate of not less than 110% of the minimum wage established pursuant to The Saskatchewan Employment Act or the Canada Labour Code, as the case may require. Food and Beverage The employer of an apprentice in the trade shall pay wages to the apprentice Person at a rate not less than the minimum wage established pursuant to The Saskatchewan Employment Act or the Canada Labour Code, as the case Guest Service may require. Representative Construction The employer of an apprentice in the trade shall: Electrician (a) subject to clause (b), increase the wages paid to the apprentice in equal increments at the completion of: (i) the first half of each apprenticeship year; and (ii) each apprenticeship year; and (b) during the final apprenticeship year, pay the apprentice not less than 70% of the hourly rate of a newly qualified journeyperson in that establishment. Pork Production The employer of an apprentice in the trade shall: Technician (a) subject to clause (b), increase the wages paid to the apprentice in Semiautomatic Welding equal increments at the completion of: Production Operator (i) the first half of each apprenticeship year; and (ii) each apprenticeship year; and (b) during the last half of the final apprenticeship year, pay the apprentice not less than 70% of the hourly rate of a newly qualified journeyperson in that establishment. 15 May 2020 c A-22.3 Reg 2. 26 APPRENTICESHIP AND TRADE A-22.3 REG 2 CERTIFICATION, 2020 TABLE 6 [Section 32] Ratio of Apprentices to Journeypersons Designated Trade Apprentices Journeypersons Boilermaker * 1 2 Electronics Assembler 3 1 Food and Beverage Person 4 1 Glazier 3 1 Guest Services Representative 4 1 Hairstylist 3 1 Insulator (heat and frost) * 1 2 Machinist 3 1 Powerline Technician 3 1 Roofer 3 1 Steamfitter-Pipefitter * 1 2 Truck and Transport Mechanic 3 1 Welder 3 1 * Employers may employ the first apprentice with one journeyperson supervising the apprentice. Subsequent registered apprentices beyond the first must meet the prescribed ratio. 15 May 2020 c A-22.3 Reg 2. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2020