Compliance and Enforcement Advisory Group
The Compliance and Enforcement Advisory Group [CEAG] advises the Nova Scotia Apprenticeship Agency regarding compliance and enforcement in the 13 compulsory certified trades. The CEAG is:
- Developing a plan to expand the suite of enforcement tools available to the Nova Scotia Apprenticeship Agency to encourage and mandate compliance with the compulsory certified trade regulations;
- Providing advice on the ongoing development and review of compliance and enforcement policies, procedures and guidelines;
- Developing and monitoring the criteria used to set annual enforcement priorities and advise priorities to the Nova Scotia Apprenticeship Agency; and
- Advising performance indicators and a schedule of reporting to all stakeholders.
|Rodney Woodworth, Chair||Nova Scotia Apprenticeship Agency|
|Arlene Pelly||Nova Scotia Apprenticeship Agency|
|Judy Peitzsche||Nova Scotia Apprenticeship Agency|
|David Rossiter||Truck and Transport Mechanic|
|Fred MacDonald||Automotive Service Technician|
|Tim Jones||Construction Electrician|
|Tom Griffiths||IBEW Local 625|
|Sandy Bonvie||Sheet Metal Worker|
|Derrick Ryerson||AST, HDET, Truck & Transport Mechanic|
|Duncan Williams||Construction Association of Nova Scotia|
|Darren Muise||UA Local 56|
|Greg Pope||UA Local 56|
|James Moore||BAC Local 1|
|Shannon Trites||Automotive Sector Council|
Direct all complaints alleging non-compliance under the Apprenticeship and Trades Qualifications Act to the Compliance Section located in the Agency's Halifax office.
Any person may make a formal complaint alleging an employer, employee or worker is in non-compliance with the Act. A formal written complaint must be completed by the complainant using the prescribed form (see below) and submitted to the the Compliance Section of the Agency.
When the completed form is received, it will be reviewed and the complaint may be investigated by by a Compliance Officer. Incomplete complaint forms will not be processed for review.
It is an offence, under Section 140 of the Criminal Code of Canada, to make a false statement accusing someone of committing an offence which has not occurred, or to report an offence has been committed when it has not been committed. Persons filing misleading or false statements may be prosecuted. The Agency will review the Complaint Form and decide upon the appropriate course of action.
How to complete the Compliance Complaint Form
- On the form: Either select "Anonymous Complaint" OR complete the Complainant section.
- Complainant’s Name: Please enter your full name.
- Address: Please enter your full mailing and/or civic address. Please provide your email address, if applicable.
- Phone Number: Please provide any applicable home, business or mobile telephone number.
- Person or Business Subject of Complaint: Please provide the name of the individual or business which you are alleging to be in non-compliance.
- Trade: Please enter the name of the designated trade to which the alleged offence pertains.
- Address: Please provide the address of the alleged offender.
- Phone Number: Please provide any applicable home, business or mobile telephone number for the alleged offender.
- Nature of Complaint: Please provide as much detail as possible of the alleged offence that was witnessed and attach additional sheets if necessary. Lack of information may delay the processing of the Complaint Form.
- Specific Location: Please provide the civic address of the alleged offence. In the case of multiple locations, use a separate Complaint Form for each location. Complaint Forms will not be processed if you fail to provide the specific location, at the date of filing.
- Date of Occurrence: Please provide the specific date that you witnessed the alleged offence.
- Time: Please provide the time, as specifically as possible, that you witnessed the alleged offence.
- Witness(es): Please provide the name(s) and all relevant contact information of the person(s) witnessing the alleged offence, at the time and date listed in previous sections.
All trades are enforced, under the authority of the Apprenticeship and Trades Qualifications Act and the General Regulations, by Compliance Officers employed by the Agency. These officers have the status of Special Constable under the Police Act and have the authority to issue summary offence tickets to employers and/or employees who are not in compliance with the Apprenticeship and Trades Qualifications Act and General Regulations.
Examples of non-compliance include:
- Working in a compulsory certified trade without proper credentials
- Employing prohibited persons in a compulsory certified trade
- Failure to provide direct supervision to an apprentice
- Failure to maintain proper ratio and presenting fraudulent trade credentials
Compliance Officers are available to meet or speak with any individual, employer or group to provide clarification of the requirements of the Act. If you are an employer and are unsure of your compliance status, contact an officer at the Halifax office to schedule a Voluntary Compliance Audit as part of your workplace training and compliance program.
The General Regulations of the Apprenticeship and Trades Qualifications Act establishes a minimum ratio of apprentices to journeypersons, at one journeyperson to each apprentice, unless otherwise stated in the trade regulations. Section 24(1) of the General Regulations allows for an increase in ratio of apprentices to journeypersons upon approval from the Director. Circumstances exist where employers may be unable to meet the ratio requirements stipulated in the trade regulations and general regulations. In such cases, an employer may apply to the Director to vary the minimum ratio of apprentices to journeypersons.
Frequently Asked Questions
Q: Who completes and submits the Increase in Ratio Application form?
A: The employer completes and submits the application by mail, email or fax to the Agency.
Q: How is an increase in ratio determined?
A: The Agency will review the Increase in Ratio Application using the following criteria:
- Geographic location of the employer to determine if there is a limited capability to locate and employ journeypersons;
- Steps undertaken by the employer to hire more journeypersons;
- Whether the employer has previously requested ratio adjustments and has been denied such requests;
- Whether previous ratio adjustments were cancelled because of a violation in the terms and/or conditions;
- The availability of senior level apprentices; (note: senior level refers to final level apprentices);
- The attendance of registered apprentices in technical training.
Q: How will I know if my request for an increase to ratio has been approved?
A: The final decision regarding the request will be communicated to the employer in writing, and will outline any terms and conditions.