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Boilermaker Trade Regulations

made under Section 29 of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

O.I.C. 2009-130 (March 17, 2009), N.S. Reg. 63/2009


Citation

1     These regulations may be cited as the Boilermaker Trade Regulations.


Definitions

2     (1)    In these regulations,

 

                (a)    “Act” means the Apprenticeship and Trades Qualifications Act;

 

                (b)    “boilermaker trade” means the work performed by a boilermaker in a heavy industrial establishment in assembling, erecting, repairing and testing field-assembled installations of

 

                         (i)     boilers and associated equipment,

 

                         (ii)    pollution control equipment,

 

                         (iii)   pressure vessels,

 

                         (iv)   tanks, and

 

                         (v)    furnaces;

 

                (c)    “General Regulations” means the Apprenticeship and Trades Qualifications Act General Regulations made under the Act;

 

                (d)    “heavy industrial establishment” includes a power plant, steel mill, heavy water plant, cement plant, oil refinery, chemical plant, incinerator plant, pulp and paper plant and any other establishment where an installation referred to in clause (b) is required.

 

       (2)    The definitions contained in the General Regulations apply to these regulations unless the context otherwise requires.


Compulsory certified trade

3     The boilermaker trade is specified as a compulsory certified trade.


Person other than boilermaker performing work in the trade

4     For the purposes of clause 22(2)(e) of the Act, which allows a person who holds a certificate recognized by the Director to practise a compulsory certified trade, a person who does not hold a certificate of qualification in the boilermaker trade may perform boilermaker work if the person holds a certificate of qualification in another designated trade and the work to be performed comes within the scope of that other designated trade.


Exemption application under General Regulations permitted

5     For the purposes of subsection 38(2) of the General Regulations, a joint application for an exemption from the application of subsections 22(2) and (3) of the Act is permitted for the boilermaker trade.


Term of apprenticeship

6     The term of apprenticeship for the boilermaker trade is 5400 hours of combined practical experience and technical training approved by the Director and must include a probationary period of no longer than 3 months.


Ratio of apprentices to journeypersons

7     An employer in the boilermaker trade must maintain a minimum ratio of 1 journeyperson to each apprentice, unless the Director permits the ratio to be varied in accordance with Section 24 of the General Regulations.


Wage schedule

8     (1)    Subject to subsections (2) and (3), the minimum wage for each hour worked by a boilermaker apprentice is a percentage of the wage for a boilermaker journeyperson in the same place of employment, as set out in the following table:


Wages for Boilermaker Apprentice

Hours in Term of Apprenticeship

Minimum Wage

(% of journeyperson’s wage)

0–1000

40%

1001–2000

50%

2001-3000

60%

3001-4000

70%

4001–5000

80%

5001–6000

90%

 

       (2)    The increase in wages at the end of each 1000-hour period applies only if the boilermaker apprentice has successfully completed both the technical training and the practical experience for that period.

 

       (3)    An employer must not employ a boilermaker apprentice at a wage for actual hours worked that is lower than the wage that would be paid at the minimum wage rate prescribed in the Minimum Wage Order (General) made under the Labour Standards Code.


Certificate through trade qualification

9     For the purpose of Section 30 of the General Regulations, which authorizes the Director to issue a certificate of qualification in a designated trade to a person who does not hold a certificate of apprenticeship in the trade if the person applies and meets certain requirements, the prescribed period of employment required for the boilermaker trade is one of the following:

 

                (a)    8000 hours of practical experience; or

 

                (b)    if the person has completed a vocational training course approved by the Director, 6000 hours of practical experience.


Renewal of certificate of qualification

10   An application for renewal of a certificate of qualification in the boilermaker trade must be made to the Director before its expiry date at the end of each 5-year term.


Identity cards

11   As required by subsection 34(3) of the General Regulations, a boilermaker apprentice or journeyperson must produce their identity card on the request of

 

                (a)    the Director; or

 

                (b)    a person authorized by the Minister or the Director.


Transition

12   A person who on the coming into force of these regulations is an apprentice in an apprenticeship program under the trade regulations for the boilermaker trade, N.S. Reg. 34/80, made by the Governor in Council by Order in Council 80-296 dated March 4, 1980, continues as an apprentice in that apprenticeship program under these regulations.