1.0 General
The following general conditions apply to all apprenticeship training programs approved by the Provincial Apprenticeship and Certification Board (PACB) in accordance with the Apprenticeship Training and Certification Act (1999). If an occupation requires additional conditions, these will be noted in the specific plan of training for the occupation. In no case should there be a conflict between these conditions and the additional requirements specified in a certain plan of training. All references to memorandum of understanding (MOU) will also apply to letter of understanding (LOU) agreements.
2.0 Entrance Requirements
2.1 Entry into the occupation as an apprentice requires an employer who agrees to provide the appropriate training and work experience as outlined in the plan of training.
2.2 Notwithstanding the above, each candidate must have successfully completed a high school program or equivalent, and in addition may be required to have completed certain academic subjects as specified in a particular plan of training. Mature students, at the discretion of the Director of Apprenticeship and Trades Certification, may be registered. A mature student is defined as one who has reached the age of 19 and who can demonstrate the ability and the interest to complete the requirements for certification.
2.3 At the discretion of the Director of Apprenticeship and Trades Certification, credit toward the apprenticeship program may be awarded to an apprentice for previous work experience and/or training as validated through prior learning assessment.
2.4 An application for apprenticeship form must be duly completed along with a MOU as applicable to be indentured into an apprenticeship. The MOU must contain signatures of an authorized employer representative, the apprentice and an official representing the PACB to be valid.
2.5 A new MOU must be completed for each change in an employer during the apprenticeship term.
3.0 Probationary Period
The probationary period for each MOU will be six months or 900 employment credit hours. Within that period the MOU may be terminated by either party upon giving the other party and the PACB one week notice in writing.
4.0 Termination of a Memorandum of Understanding
After the probationary period referred to in Section 3.0, the MOU may be terminated by the PACB by mutual consent of the parties involved, or cancelled by the PACB for proper and sufficient cause in the opinion of the PACB, such as that stated in Section 14.
5.0 Apprenticeship Progression Schedule, Wage Rates and Advanced Training Criteria
Progression schedule, wage rate and advanced training criteria are stated in the specific occupational plan of training for each designated apprenticeship occupation.
6.0 Tools
Apprentices shall be required to obtain their own hand tools applicable for the designated occupation or tools as specified by the PACB.
7.0 Periodic Examinations and Evaluation
7.1 Every apprentice shall submit to such occupational tests and examinations as the PACB shall direct. If after such occupational tests and examinations the apprentice is found to be making unsatisfactory progress, his/her apprenticeship level and rate of wage shall not be advanced as provided in Section 5 until his/her progress is satisfactory to the director of Apprenticeship and Trades Certification and his/her date of completion shall be deferred accordingly. Persistent failure to pass required tests shall be a cause for revocation of his/her memorandum of understanding.
7.2 Upon receipt of reports of accelerated progress of the apprentice, the PACB may shorten the term of apprenticeship and advance the date of completion accordingly.
7.3 For each and every course, a formal assessment is required for which 70% is the pass mark. A mark of 70% must be attained in both the theory examination and the practical project assignment, where applicable as documented on an official transcript.
7.4 Course credits may be granted through the use of a PACB approved matrix which identifies course equivalencies between designated trades and between current and historical plans of training for the same trade.
8.0 Granting of Certificates of Apprenticeship
Upon the successful completion of apprenticeship, the PACB shall issue a Certificate of Apprenticeship.
9.0 Hours of Work
Any hours employed in the performance of duties related to the designated occupation will be credited towards the completion of the term of apprenticeship. Appropriate documentation of these hours must be provided.
10.0 Copies of the Registration for Apprenticeship
The Director of Apprenticeship and Trades Certification shall provide copies of the registration for apprenticeship form to all signatories to the document.
11.0 Ratio of Apprentices to Journeypersons
Under normal practice, the ratio of apprentices to journeypersons shall not exceed two apprentices to every one journeyperson employed. Other ratio arrangements would be determined and approved by the PACB.
12.0 Relationship to a Collective Bargaining Agreement
Where applicable in Section 5 of these conditions, collective agreements take precedence.
13.0 Amendments to a Plan of Apprenticeship Training
A plan of training may be amended at any time by the PACB.
14.0 Employment, Re-Employment and Training Requirements
14.1 The plan of training requires apprentices to regularly attend their place of employment.
14.2 The plan of training requires apprentices to attend training for that occupation as prescribed by the PACB.
14.3 Failure to comply with Sections 14.1 and/or 14.2 will result in cancellation of the MOU. Apprentices may have their MOUs reinstated by the PACB but would be subject to a commitment to complete the entire program as outlined in the general conditions of apprenticeship. Permanent cancellation in the said occupation is the result of non-compliance.
14.4 Cancellation of the MOU to challenge journeyperson examinations, if unsuccessful, would require an apprentice to serve a time penalty of two years before reinstatement as an apprentice or qualifying to receive a class call to training as a registered trade qualifier. Cancellation must be mutually agreed upon by the employer and the apprentice.
14.5 An employer shall ensure that each apprentice is under the direct supervision of an approved journeyperson supervisor who is located at the same worksite as the apprentice, and that the apprentice is able to communicate with the journeyperson with respect to the task, activity or function that is being supervised.
14.6 Under the plan of training the employer is required to keep each apprentice employed as long as work is available, and if the apprentice is laid off due to lack of work, to give first opportunity to be hired before another is hired.
14.7 The employer will permit each apprentice to attend training programs as prescribed by the PACB.
14.8 Apprentices who cannot acquire all the workplace skills at their place of employment will have to be evaluated in a simulated work environment at a PACB authorized training institution and have sign-off done by instructors to meet the requirements for certification.
15.0 Appeals to decisions based on Conditions Governing Apprenticeship Training
Persons wishing to appeal any decisions based on the above conditions must do so in writing to the Minister of Immigration, Skills and Labour within 30 days of the decision.