Definitions

1  In this regulation:

"Act" means the Industry Training and Apprenticeship Act;

"appellant" means a person who commences an appeal under section 18 of the Act;

"automotive collision repair technician" means a person who repairs, adjusts and replaces sheet metal and allied parts of automobiles, trucks and buses;

"automotive refinishing technician" means a person who paints and refinishes automobiles, trucks and buses;

"automotive service technician" means a person who repairs, adjusts and replaces mechanical and electrical parts of automobiles and light trucks in a retail automotive business;

"electrician" means a person who installs, constructs, alters, repairs, maintains, commissions, tests, services, calibrates and operates related electrical and electronic systems in any place;

"plumber" means a person who installs, alters and repairs any plumbing system and includes a person who does any work usually done by a journey person plumber governed by the British Columbia Plumbing Code;

"power line technician" means a person who installs, constructs, alters, repairs, maintains, tests, services and operates related overhead, underground and marine electrical transmission and distribution systems;

"refrigeration mechanic" means a person who fabricates, installs, alters, repairs and services any system used for cooling or heating such as heat pumps in closed systems that contain a refrigerant or brine and thermoelectric cooling and includes a person who does any piping, controls and electrical work usually performed by a refrigeration journey person;

"retail automotive business" means a business whose primary mechanical repair work is repairing and adjusting vehicles whose gross vehicle weight is under 5 500 kg;

"roofer" means a person who, in any building other than residential premises,

(a) builds or lays insulation, vapour retarders and built-up or flat-deck roofs,

(b) covers roof frames with unitized materials such as tile, slate, composite, wood, shakes and shingles, including metal shingles,

(c) applies roof and deck waterproofing with modern plastic and rubberized coating materials, and

(d) damps and waterproofs floors, foundations and below-grade pipes and tanks with such materials as pitch, tar, asphalt, plastic, bitumen and rubberized materials;

"sheet metal worker" means a person who lays out, fabricates, assembles, welds, installs and services the following:

(a) ducting;

(b) spouting;

(c) fittings;

(d) cabinets;

(e) gutters;

(f) copings;

(g) flashings;

(h) supporting devices;

(i) integral equipment associated with the blowpipe, air pollution, heating, ventilating, air-conditioning, roofing of restaurant, kitchen and hospital equipment fields;

"sprinkler system installer" means a person who installs, alters and repairs

(a) automatic, deluge or open sprinklers,

(b) foam, fog and carbon dioxide systems,

(c) wet or dry standpipes, inside first-aid and hose-pipe systems,

(d) private fire hydrant systems, fire pumps and all related equipment

and includes a person who does any other work usually performed by a sprinkler fitter;

"steamfitter-pipefitter" means a person who installs, alters and repairs the following:

(a) steam and hot water boilers;

(b) systems for the generation and conveyance of steam and hot water;

(c) process piping systems in industrial projects or manufacturing plants.

[am. B.C. Reg. 208/2000.]

 Compulsory certification trades

2  For the purposes of section 13 of the Act, the following designated trades are specified as compulsory certification trades:

(a) automotive collision repair technician;

(b) automotive refinishing technician;

(c) automotive service technician;

(d) electrician;

(e) plumber;

(f) power line technician;

(g) refrigeration mechanic;

(h) roofer;

(i) sheet metal worker;

(j) sprinkler system installer;

(k) steamfitter-pipefitter.

[am. B.C. Reg. 260/2000.]

 Criteria for designation of trades or occupations

2.1  Before designating a trade or occupation under section 12 of the Act the commission must be satisfied that the trade or occupation meets the following criteria:

(a) there is a potential for creating an effective work-based training program for the trade or occupation which includes the application of both theoretical and practical knowledge in a guided and supervised setting;

(b) occupational standards are recognized throughout the relevant industry for the trade or occupation;

(c) there is market demand for designation of the trade or occupation;

(d) there is support by communities of interest, including employer and labour representatives, for the designation;

(e) the trade or occupation is distinct from other designated trades or occupations;

(f) the trade or occupation requires sufficient technical knowledge and skills to justify the designation;

(g) there is a potential for an adequate number of trainees in the industry training or apprenticeship program to warrant designation.

[en. B.C. Reg. 428/98.]

 Notice of appealable decision

3  (1)  When the commission makes a decision referred to in section 18 (1) of the Act, it must serve a copy of the decision on every person who has a right of appeal under that section.

(2)  A copy required to be served on a person under subsection (1) may be served

(a) by mailing the copy by registered mail to the person's last known postal address, or

(b) by leaving a copy with the person.

(3)  A copy that is served in accordance with subsection (2) (a) is deemed to have been served 8 days after the date on which it was mailed.

(4)  The commission must include with the copy of a decision served under this section

(a) a reference to the legislative authority under which the decision was made, and

(b) written reasons for the decision.

 Notice of appeal

4  (1)  A notice of appeal served under section 18 (2) of the Act must be in the form set out in the Schedule to this regulation.

(2)  A notice of appeal may be served on the appeal officer under section 18 (2) of the Act

(a) by mailing the notice of appeal by registered mail to the address for delivery set out on the notice of appeal, or

(b) by leaving the notice of appeal at the address for delivery set out on the notice of appeal.

(3)  A notice of appeal that is served in accordance with subsection (2) (a) is deemed to have been served 8 days after the date on which it was mailed.

(4)  The appellant must attach to the notice of appeal a copy of the decision being appealed.

(5)  Within 10 days after receiving a notice of appeal, the appeal officer must notify the commission by sending a copy of the notice of appeal to the commission.

 Appeal procedures

5  (1)  The appeal officer must decide appeals under section 18 of the Act based on written submissions unless the appeal officer is of the opinion that an oral hearing is necessary in the circumstances.

(2)  If the appeal officer is of the opinion that an oral hearing is necessary, the appeal officer must notify the appellant and the commission of the date, time and place of the hearing at least 7 days before the date set for the hearing.

(3)  A party to the appeal may be represented by an agent at an oral hearing before the appeal officer.

(4)  A party to the appeal may call witnesses to give evidence at the oral hearing and may require that a witness be sworn.

(5)  A witness, other than a party, may be present at an oral hearing only while the witness is giving evidence.

(6)  The appeal officer is not bound by the legal or technical rules of evidence, except the rules respecting privileged communications.

 Orders of the appeal officer

6  (1)  A person who serves a notice of appeal in relation to a decision of the commission to suspend or cancel

(a) the registration of an agreement under section 15 of the Act, or

(b) credentials granted under section 16 of the Act

may apply to the appeal officer for an order staying the decision of the commission.

(2)  On application under subsection (1), the appeal officer may

(a) order that the commission's decision is stayed for a specified period or until the outcome of the appeal, and

(b) make an order under paragraph (a) subject to any terms and conditions that the appeal officer considers appropriate in the circumstances.

(3)  The appeal officer may only stay a decision of the commission under subsection (2) if the appeal officer is satisfied that

(a) the appeal raises an arguable issue,

(b) the stay does not entail risk to the health or safety of any person, and

(c) harm will be caused to the appellant if the stay is not ordered.

(4)  An order of the appeal officer made under section 18 (4) of the Act must

(a) be in writing,

(b) include a summary of the facts on which it is based,

(c) specify the legislative authority on which it is based, and

(d) include a copy of any document on which the appeal officer relied in making his or her decision.

 Fees for services provided by the commission

7  The commission may charge the following fees for the following services it provides under the Act:

(a) $85 for any examination, or any review of an examination, for credentials granted under section 16 of the Act;

(b) $35 for credentials granted under section 16 of the Act without examination to the holder of out of Province credentials that are approved by the commission under that section;

(c) $45 for a Registered Welder Certificate granted on the basis of completion of the British Columbia Modular Welding Program;

(d) $20 for a replacement certificate or a replacement wallet card;

(e) $45 for granting a permit as evidence of an exemption under section 13 (6) of the Act;

(f) $25 for a replacement Welder's Log Book;

(g) for the evaluation of an application for examination for credentials granted under section 16 of the Act,

(i)  $35 if the applicant holds credentials issued by another province or territory of Canada for the trade or occupation that is the subject of the application, but which do not bear an Interprovincial Red Seal, or

(ii)  $85 in any other case.

[am. B.C. Regs. 230/99; 143/2000; 179/2001.]