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Landscape Horticulturist Trade Regulations

made under Section 17A of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

N.S. Reg. 219/2016 (October 5, 2016, effective April 1, 2017)



Citation

1     These trade regulations may be cited as the Landscape Horticulturist Trade Regulations.


Definitions

2     (1)    In these regulations,

 

“Act” means the Apprenticeship and Trades Qualifications Act;

 

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

 

“hardscape” means the inanimate elements of a landscape, including precast concrete products, natural stone, wood, metals and other natural or fabricated materials used in landscape structures, furnishings and features;

 

“landscape” means the lay of the land, including plants and other physical features such as lawn or meadow areas, waterways, pavement, utilities and structures;

 

“landscape horticulturalist” means the occupation of a landscape horticulturist, consisting of laying out, preparing and maintaining a sustainable landscape, and including

 

                         (i)     installing and maintaining hardscape and softscape,

 

                         (ii)    pre-installation activities, such as planning and organizing the installation and preparing the site;

 

“softscape” means the animate elements of a landscape, including soil, soil amendments, mulch, seed, turf and plant material used in the landscape.

 

       (2)    A term defined in the General Regulations has the same meaning when used in these regulations.


Term of apprenticeship for landscape horticulturalist trade

3     (1)    The term of apprenticeship for the landscape horticulturalist trade consists of

 

                (a)    5400 documented hours of the combination of practical experience and the portion of technical training spent learning the skills of the designated trade as described in clause 26(1A)(a) of the General Regulations and as approved by the Director;

 

                (b)    related technical training as described in clause 26(1A)(b) of the General Regulations and as approved by the Director; and

 

                (c)    a certification examination.

 

       (2)    Any probationary period included in a term of apprenticeship for the landscape horticulturalist trade as permitted by subsection 12(2) of the General Regulations must be no longer than 3 months.


Ratio of apprentices to journeypersons for landscape horticulturalist trade

4     The minimum ratio of journeypersons to apprentices required by clause 27(2)(a) of the General Regulations to be maintained by an employer in the landscape horticulturalist trade, unless varied in accordance with Section 24 of the General Regulations, is 1 journeyperson to every 2 apprentices.


Hours in level of term of apprenticeship for landscape horticulturalist trade

5     The number of hours specified for the purposes of clause 26(1A)(a) of the General Regulations for a level of apprenticeship in the landscape horticulturist trade is 1350 documented hours.


Wage schedule for apprentices in landscape horticulturist trade

6     (1)    Subject to subsection (2) and to subsection 25(3) of the General Regulations, the minimum wage for each hour worked by a landscape horticulturist apprentice in each level of their term of apprenticeship is a percentage of the wage for a landscape horticulturist journeyperson in the same place of employment, as set out in the following table:


Wages for Landscape Horticulturist Apprentice

Level of Apprenticeship

Hours in Level of Apprenticeship

Minimum Wage

(% of journeyperson’s wage)

1

0–1350

55%

2

1351–2700

65%

3

2701–4050

75%

4

4051–5400

90%

 

       (2)    An employer must not employ a landscape horticulturist 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 in landscape horticulturist trade through trade qualification

6     The period of employment in the designated trade that is required by paragraph 30(1)(a)(ii)(B) of the General Regulations for a person who does not hold a certificate of apprenticeship and is applying for a certificate of qualification in the landscape horticulturalist trade is 8100 hours.


Compliance with identity card requirements of General Regulations

7     For the purposes of Section 34 of the General Regulations, which requires an apprentice or journeyperson to keep their identity card in their possession when practising the designated trade and produce it on request, a person is practising the landscape horticulturist trade while the person is doing any of the following:

 

                (a)    for an apprentice,

 

                         (i)     acquiring practical experience in the trade, or

 

                         (ii)    learning the skills of the trade during the technical training portion of apprenticeship training;

 

                (b)    for a journeyperson, performing the duties of the trade as defined in these regulations or their duties as set out in the General Regulations.


Transition

9     A person who, immediately before the coming into force of these regulations, was an apprentice in an apprenticeship program under the Landscape Horticulturist Trade Regulations, N.S. Reg. 57/2012, continues as an apprentice in that apprenticeship program under these regulations.