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Motor Vehicle Body Repairer (Metal and Paint) Trade Regulations

made under Section 29 of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

O.I.C. 2009-336 (August 4, 2009), N.S. Reg. 257/2009


Citation

1     These regulations may be cited as the Motor Vehicle Body Repairer (Metal and Paint) Trade Regulations.


Definitions

2     In these regulations,

 

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

 

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

 

                (c)    “mechanical component” means any of the following motor vehicle components:

 

                         (i)     suspension and steering system,

 

                         (ii)    drive train,

 

                         (iii)   exhaust system,

 

                         (iv)   air intake system,

 

                         (v)    fuel system components,

 

                         (vi)   air-conditioning system,

 

                         (vii)  heating and cooling system,

 

                         (viii) braking system and components,

 

                         (ix)   accessories;

 

                (d)    “motor vehicle body repairer (metal and paint) trade” means the work performed in repairing, restoring, replacing or refinishing any of the following components of a motor vehicle that has been damaged in a collision:

 

                         (i)     structural and non-structural body components,

 

                         (ii)    mechanical components,

 

                         (iii)   electrical components,

 

                         (iv)   structural and non-structural glass,

 

                         (v)    interior components, and

 

                         (vi)   passive and active restraint systems;

 

                (e)    “non-structural body component” means a non-structural component that is attached with a mechanical fastener to a structural body component.


Compulsory certified trade

3     The motor vehicle body repairer (metal and paint) trade is specified as a compulsory certified trade.


Exemptions to compulsory certification

4     (1)    An exemption under subsection 22(4) of the Act for a person who performs work in the motor vehicle body repairer (metal and paint) trade without meeting the requirements of subsection 22(2) of the Act may be made only if the person’s work is limited to

 

                (a)    repairing or replacing structural or non-structural glass; or

 

                (b)    repairing, restoring or replacing interior or exterior trim.

 

       (2)    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 motor vehicle body repairer (metal and paint) trade may perform work in the trade if

 

                (a)    the person holds a certificate of qualification in the automotive painter trade, and the work to be performed comes within the scope of the automotive painter trade; or

 

                (b)    the person holds a certificate of qualification in the automotive service technician trade and the work to be performed comes within the scope of the automotive service technician trade.


Term of apprenticeship

5     The term of apprenticeship for the motor vehicle body repairer (metal and paint) trade is 8000 hours of combined practical experience and technical training approved by the Director, and must include a probation period of no longer than 3 months.


Ratio of apprentices to journeypersons

6     An employer in the motor vehicle body repairer (metal and paint) 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 for apprentices

7     (1)    Subject to subsection (2), the minimum wage for each hour worked by an apprentice in the motor vehicle body repairer (metal and paint) trade is a percentage of the wage for a motor vehicle body repairer (metal and paint) journeyperson in the same place of employment, as set out in the following table:


Wages for Motor Vehicle Body Repairer (Metal and Paint) Apprentice

Hours in Term

of Apprenticeship

Minimum Wage

(% of journeyperson’s wage)

0–1000

50%

1001–2000

55%

2001–3000

60%

3001–4000

65%

4001–5000

70%

5001–6000

75%

6001–7000

85%

7001–8000

90%

 

       (2)    An employer must not employ a motor vehicle body repairer (metal and paint) 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.


Certification through trade qualification

8     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, 12 000 hours is prescribed as the period of employment required for the motor vehicle body repairer (metal and paint) trade.


Renewal of certificate of qualification

9     An application for renewal of [a] certificate of qualification in the motor vehicle body repairer (metal and paint) trade must be made to the Director before its expiry date at the end of each 5-year period.


Identity cards

10   As required by subsection 34(3) of the General Regulations, a motor vehicle body repairer (metal and paint) 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.


Displaying certificate of qualification

11   (1)    A motor vehicle body repairer (metal and paint) journeyperson must display their certificate of qualification in a conspicuous location at their place of employment.

 

       (2)    The employer of a motor vehicle body repairer (metal and paint) journeyperson must provide suitable space for the display of the certificate of qualification.


Related trade

12   Nothing in these regulations precludes a journeyperson in the automotive service technician trade from performing the work of that trade that is of a similar nature to work in the motor vehicle body repairer (metal and paint) trade.


Transition

13   A person who on the coming into force of these regulations is an apprentice in an apprenticeship program under the trade regulations for the motor vehicle body repairer (metal and paint) trade, N.S. Reg. 132/78, made by the Governor in Council by Order in Council 78-728 dated June 27, 1978, continues as an apprentice in that apprenticeship program under these regulations.