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| Machinist Trade Regulations |
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Apprenticeship and Trades Qualifications Act
R.S.N.S. 2003, c. 1
O.I.C. 67-206 (March 7, 1967), N.S. Reg. 12/67
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) "Director" means the Director of Apprenticeship and Trades Qualifications;
(c) "machinist trade" or "trade" means the skilled operation of machine tools, the performance of bench and assembly operations, and the use of precision measuring instruments.
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 training in the machinist trade is four years including a probationary period of not more than three months.
(2) Where an apprentice has previous experience in the trade, the Director, on the basis of an examination and a report from the previous employers, may grant a credit towards the completion of the apprenticeship term.
(3) Subject to subsections (4) and (5), where an apprentice has completed a course of instruction approved by the Director in a vocational school, he is entitled to a credit of one year towards the completion of the 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 decision upon a recommendation from the employer, the recommendation of the school from which the apprentice graduated and finding of the Trade Advisory Committee.
(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 is to be granted a credit equal to that to which he is entitled in the province from which he comes.
4 Every employer in the machinist trade may, subject to the approval of the Director, employ no more than one apprentice for each journeyman.
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 on the job where the apprentice is employed.
6 (1) The Director shall not register a contract of apprenticeship that provides that the apprentice shall receive a wage at a rate lower than the following rates:
for the first 6 months, 45% of the journeyman's rate;
for the second 6 months, 50% of the journeyman's rate;
for the third 6 months, 55% of the journeyman's rate;
for the fourth 6 months, 60% of the journeyman's rate;
for the fifth 6 months, 65% of the journeyman's rate;
for the sixth 6 months, 70% of the journeyman's rate;
for the seventh 6 months, 80% of the journeyman's rate;
for the eighth 6 months, 90% of the journeyman's rate.
(2) Where the term "six months" is used in subsection (1), it means the period required to satisfactorily complete six months (one thousand hours) of apprenticeship training.
7 When an apprentice fails to pass the prescribed yearly test for two years in succession the Director may consider this sufficient cause for the cancellation of the apprenticeship agreement.
8 The Director may, from time to time, after consultation with the trade, prescribe the number of classes and the nature of school training for apprentices registered in the trade.
Certificates of qualification
9 A certificate of qualification shall be issued to a person who has completed a period of apprenticeship and received a certificate of apprenticeship issued under the Act.
10 A person who
(a) is a resident of Nova Scotia;
(b) has worked at the machinist 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.
11 Application for examination shall be made to the Director on a form provided by him.
12 If the application is granted, the Director shall fix a place and a time for the examination.
13 A fee of five dollars shall be paid by the applicant at the time of the examination.
14 If an applicant passes the examination, the Director shall issue him a certificate of qualification.
15 If an applicant fails in the examination, he shall not be eligible for re-examination until six months have elapsed.
16 A person who is a resident of Nova Scotia and the holder of a provincial certificate of qualification or an apprenticeship certificate in the machinist trade from another province of Canada may be issued with a certificate of qualification under the regulations without examination.
17 (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 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.
18 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.
19 When a certificate of qualification 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.
20 An appeal against the cancellation or suspension of a certificate of qualification 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.
21 Certificates of qualification shall remain valid from year to year.
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