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Truck and Transport Mechanic Trade Regulations made under Section 29 of the
Apprenticeship and Trades Qualifications Act
R.S.N.S. 2003, c. 1
O.I.C. 70-735 (August 4, 1970), N.S. Reg. 3/70
as amended by O.I.C. 96-268 (April 16, 1996), N.S. Reg. 75/96
1 In these regulations
(a) "Act" means the Apprenticeship and Trades Qualifications Act;
(b) "Minister" means the Minister of Labour and Advanced Education;
[Note: the Department name has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]
(c) "Director" means the Director of Apprenticeship and Trades Qualifications;
(d) "truck and transport mechanic trade" or "trade" means the mechanical repairing and maintenance of heavy road vehicles such as passenger buses and transport vehicles;
(e) "resident" means any person who has resided continuously in the Province of Nova Scotia for the preceeding three months;
(f) "limited worker" means a person who is employed at the trade doing specialized work or work which is deemed to be part of the trade.
2 No person shall enter into a contract of apprenticeship either as or with an apprentice in the trade unless the person being apprenticed has successfully completed grade twelve or its equivalent in the course skills required by the trade/occupation.
Section 2 replaced: O.I.C. 96-268, N.S. Reg. 75/96.
3 (1) The term of apprenticeship for the trade is four years and shall include a probationary period the maximum of which shall be three months.
(2) Where an apprentice has previous experience in the trade he may be granted a credit of not more than two years toward the completion of the apprenticeship term, such credit being based on the results of an examination and a report from the previous employer, providing that this experience has been performed in accord with Section 25 of these regulations.
(3) Subject to subsection[s] (4) and (5), where an apprentice has successfully completed a vocational school course in the trade, approved by the Director, he is entitled to a credit of one year towards the completion of his apprenticeship term.
(4) Where under subsection (3) a credit is granted to an apprentice the Director may, after the apprentice has completed not less than three months permanent employment, increase or diminish this credit basing his discretion upon the recommendation from the employer, the recommendation of the school from which the apprentice graduated, and the finding of the Examining Board.
(5) An increase in credit may be granted under subsection (4) for any period not exceeding twelve months and shall be retroactive to the first day of permanent employment.
(6) Where an apprentice comes from another province in Canada to Nova Scotia he shall be granted a credit equal to that to which he is entitled in the province from which he comes.
(7) Where an apprentice has experience or training in [the] automotive service technician trade, heavy duty equipment mechanic trade or motor vehicle body repairer (metal and paint) trade he may be granted credits in the trade at the discretion of the Director.
4 (1) Subject to subsection (2) every employer in the trade may employ one apprentice for each journeyman.
(2) The ratio of apprentices to journeyman employed in an establishment may be varied from time to time, with the approval of the Minister, after consideration of the employment situation and the availability of certified journeymen in the trade.
5 Except as varied by these regulations, the working hours and conditions of work of an apprentice shall be the same as the working hours and conditions of work of a journeyman in the shop where the apprentice is employed.
6 (1) The Director shall not register a contract where the rate of pay is less than the schedule set forth in subsection (3) provided that in no case shall the rate be less than the current minimum rate set by the minimum wage order.
(2) Where the term "six months" is used in the wage schedule, it means the period required to satisfactorily complete six months (one thousand hours) of apprenticeship training.
(3) The wage schedule for the Trade is as follows:
first six months apprentice rate is 50%,
second six months apprentice rate is 55%,
third six months apprentice rate is 60%,
fourth six months apprentice rate is 65%,
fifth six months apprentice rate is 70%,
sixth six months apprentice rate is 75%,
seventh six months apprentice rate is 85%,
eighth six months apprentice rate is 90%,
of the maximum journeyman's rate in place of employment.
7 (1) The Director may, from time to time after consultation with the trade, prescribe the number and nature of educational classes to be attended by apprentices registered in the trade.
(2) Notwithstanding subsection (3) when an apprentice does not attend the prescribed classes for the trade, the practical experience gained after such failure to attend shall not apply for the completion of the apprenticeship period until such time as he attends the prescribed classes.
(3) The Director may excuse an apprentice from attending the prescribed classes mentioned in subsection (1) at his discretion.
(4) School training shall be based on the analysis of the branch of the motor vehicle repair trade where such analysis has been prepared by the national committee appointed by the federal department responsible for such analyses.
8 When an apprentice fails to pass the examinations or does not attend the prescribed yearly classes for two years in succession, the Director may consider this sufficient cause for the cancellation of the apprenticeship agreement.
9 An apprentice shall have a satisfactory kit of basic tools by the end of his probationary period and shall continue to secure additions to this kit according to the demands of his work.
10 An apprentice must maintain a record of his practical on-the-job experience to assist in determining his progress in the trade and as a means for arriving at the correct wage percentage to which he is entitled.
11 Upon the successful completion of the term of apprenticeship an apprentice shall be issued with a certificate of apprenticeship.
Certificates of Qualification
12 The trade is hereby designated as a certified trade.
13 A certificate of qualification shall be issued to a person who has completed a period of apprenticeship and has received a certificate of apprenticeship issued under the Act.
14 (1) A person who
(a) is a resident of Nova Scotia; and
(b) is employed at the trade
(i) for not less than four years, or
(ii) for three years and has successfully completed a vocational training course approved by the Director; and
(c) is recommended for journeyman status by two persons who are competent in the trade or employ or supervise persons engaged in the trade and who have sufficient knowledge of the person to vouch for his skill and experience,
is eligible to be examined for a journeyman's certificate of qualification.
(2) A registered apprentice will be eligible to be examined for a certificate of qualification only after he has completed the prescribed educational classes approved by the Director.
(3) Any work experience which was not performed in accord with these regulations will not be valid for the purpose of this Section.
15 (1) Application for examination shall be made to the Director on a form provided by him.
(2) On receipt of an application for examination, a temporary permit for three months may be issued.
16 If the application is granted, the Director shall fix a place and time for the examination.
17 A fee of five dollars shall be paid by the applicant prior to the examination.
18 If an applicant passes the examination, the Director shall issue him a Certificate of Qualification.
19 (1) If an applicant fails in the examination, he shall not be eligible for re-examination until six months have elapsed.
(2) Where the failing applicant is employed in the trade he shall be issued with a temporary permit for a six month period.
(3) Should the applicant fail a second time, he shall not be permitted to be re-examined until such time as he has completed a period of apprenticeship.
(4) The results of the examination which the applicant has failed may be used to determine the training credits allowed to the failing applicant for the period of his apprenticeship.
20 A special certificate may be issued to a person who is engaged as a limited worker in the trade and the area of the trade which he is working must be clearly indicated on such special certificate.
21 (1) A special certificate may be issued to persons who are qualified to perform special functions only in the trade or whose circumstances are such that a special certificate is warranted.
(2) A special certificate may be issued on the basis of an examination only.
(3) The eligibility of a person to be examined for a special certificate and the type and content of such examination shall be determined by an Examining Board.
22 A person who is a resident of Nova Scotia and the holder of a provincial certificate of qualification that is recognized by interprovincial standards in the province from which he comes may be issued with a certificate of qualifications under these regulations without examination.
23 (1) When the Director issues a certificate, he shall issue an identification card indicating the type of certificate.
(2) Identification cards for certificates recognized by interprovincial standards shall be readily identified.
24 (1) (a) The holder of a certificate of qualification must display the certificate in a conspicuous location in the place of his employment.
(b) The employer of a holder of a certificate of qualification must provide a suitable space in his place of business for the display of the certificate as mentioned in subsection (1).
(2) Where a public notice is posted to inform the public of availability of a certified tradesman for hire, the notice must describe the type of certificate held by such certified tradesman.
(3) The holder of a certificate of qualification shall provide his identification card upon the request of
(a) an officer appointed to carry out the Act;
(b) any person having authority under any Act to inspect the work in which the certificate holder is engaged;
(c) any person who has hired the services of the certificate holder.
25 (1) On the date which these regulations come into force, no person other than a registered apprentice shall engage in the trade unless he holds a current certificate of qualification, a current temporary permit or a current special certificate.
(2) A probationary worker must hold a temporary permit while serving a probationary period prior to his registration as an apprentice.
26 (1) Subject to subsection (2), on the date which these regulations come into force no person shall employ a person to engage in the trade who does not hold a current certificate of qualification, a current temporary permit, or a current special certificate.
(2) This Section does not apply to the employment of a registered apprentice or a person employed during a probationary period who holds a temporary permit.
27 (1) Holders of certificates of qualification in the automotive service technician trade, heavy duty equipment mechanic trade may work in the trade without holding a certificate of qualification providing that such employment is temporary and occasional.
(2) The holders of certificates of qualification mentioned in subsection (1) may not work in the trade for a period in excess of six months without making application for certification in the trade.
28 (1) When an Examining Board after due inquiry finds that a certificate has been issued on the basis of false testimony or the holder of a certificate of qualification or a special certificate has acted in a manner that is not consistent with good practice in the trade or that is detrimental or hazardous to property or public safety and recommends that the certificate be suspended or cancelled, the Director may suspend or cancel the certificate.
(2) An Examining Board shall not recommend that a certificate be suspended or cancelled until the Board has given to the holder of the certificate notice of the matters alleged against him and has given him an opportunity to be heard and to adduce evidence on his own behalf.
29 When the Director suspends or cancels a certificate, he shall forthwith give written notice of his action to the holder of the certificate by registered prepaid post, addressed to the holder's last known address.
30 When a certificate of qualification or special certificate is suspended or cancelled, the holder shall return the certificate to the director within twenty-four hours after receiving a written notice of cancellation or suspension.
31 An appeal against the cancellation or suspension of a certificate of qualification or a special certificate may be made to the Minister within fifteen days after the holder of the certificate receives written notice of the suspension or cancellation and the Minister may confirm, modify or reverse the action of the Director.
32 An Examining Board for the purpose of these regulations shall consist of three persons appointed by the Director: a chairman, one person representing employers, and one person representing employees.
33 (1) Certificates of qualification and special certificates shall be valid for a period of five years from the date of issue or renewal.
(2) Application for renewal of certificates shall be made to the Director before the end of each five year period.
(3) The fee for renewal of certificates or for duplicate certificates shall be five dollars.
[Please note: trade names have been amended to comply with the Trade Names Equivalency Regulations, O.I.C. 97-564, N.S. Reg. 113/97.]