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Motor Vehicle Body Repairer (Metal and Paint) Trade Regulations

made under Section 17B of the

Apprenticeship and Trades Qualifications Act

S.N.S. 2003, c. 1

O.I.C. 2016-239 (October 3, 2016, effective April 1, 2017), N.S. Reg. 189/2016



Citation

1     These trade regulations may be cited as the Motor Vehicle Body Repairer (Metal and Paint) 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;

 

“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,

Duplicate subclause (vii) of the definition of “mechanical component” renumbered as subclause (viii) for the purposes of this consolidation.

 

                         (ix)   accessories;

Original subclause (viii) of the definition of “mechanical component” renumbered as (ix) for the purposes of this consolidation.

 

“motor vehicle body repairer (metal and paint) trade” means the occupation of a motor vehicle body repairer (metal and paint) consisting of 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,

 

                         (vi)   passive and active restraint systems;

 

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

 

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


Motor vehicle body repairer (metal and paint) trade is compulsory certified trade

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


Person other than motor vehicle body repairer (metal and paint) performing work in trade

4     A person who does not hold a certificate of qualification in the motor vehicle body repairer (metal and paint) trade may perform work included in the definition of the motor vehicle body repairer (metal and paint) trade 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 applications under General Regulations permitted for motor vehicle body repairer (metal and paint) trade

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 motor vehicle body repairer (metal and paint) trade, but 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.


Term of apprenticeship for motor vehicle body repairer (metal and paint) trade

6     (1)    The term of apprenticeship for the motor vehicle body repairer (metal and paint) trade consists of all of the following:

 

                (a)    7200 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;

 

                (c)    a certification examination.

 

       (2)    Any probationary period included in a term of apprenticeship for the motor vehicle body repairer (metal and paint) trade as permitted by subsection 12(2) of the General Regulations must be no longer than 3 months.


Ratio of journeypersons to apprentices for motor vehicle body repairer (metal and paint) trade

7     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 motor vehicle body repairer (metal and paint) trade, unless varied in accordance with Section 24 of the General Regulations, is 1 journeyperson to each apprentice.


Wage schedule for apprentices in motor vehicle body repairer (metal and paint) trade

8     (1)    Subject to subsection (2) and to subsection 25(3) of the General Regulations, the minimum wage for each hour worked by a motor vehicle body repairer (metal and paint) apprentice in each portion of a level of their term of apprenticeship 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 Repairer (Metal and Paint) Apprentice

Level of Apprenticeship

Hours in Portion of

Level of Apprenticeship

Minimum Wage

(% of journeyperson’s wage)

1

0–900

50%

901–1800

55%

2

1801–2700

60%

2701–3600

65%

3

3601–4500

70%

4501–5400

75%

4

5401–6300

85%

6301–7200

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.


Certificate in a motor vehicle body repairer (metal and paint) trade through trade qualification

9     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 motor vehicle body repairer (metal and paint) trade is 10 800 hours.


Term and renewal of certificate of qualification in motor vehicle body repairer (metal and paint) trade

10   (1)    A certificate of qualification in the motor vehicle body repairer (metal and paint) trade is valid for 5 years from the date it is issued.

 

       (2)    A certificate of qualification in the motor vehicle body repairer (metal and paint) trade that is renewed in accordance with subsection 41(2) of the General Regulations is valid for a further term of 5 years from its most recent expiry date.


Compliance with identity card requirements of General Regulations

11   For the purposes of Section 34 of the General Regulations, which requires an apprentice or journeyperson to keep an identity card in their possession when practising the designated trade and produce it on request, a person is practising the motor vehicle body repairer (metal and paint) 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.


Displaying certificate of qualification

12   (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 journeyperson’s certificate of qualification.


Transition

13   A person who, immediately before the coming into force of these regulations, was an apprentice in an apprenticeship program under the Motor Vehicle Body Repairer (Metal and Paint) Trade Regulations, N.S. Reg. 257/2009, continues as an apprentice in that apprenticeship program under these regulations.