AIT Policy Manual
Non-Compliance
An officer may take a compliance approach in response to any action by a person that contravenes the Act or its regulations.
Non-compliance Regarding Apprenticeship Education
Non-compliance in regard to apprenticeship education includes, but is not limited to:
- failing to fulfill the obligations of an apprentice, sponsor, employer, or mentor -- sections 13, 14, 16, 17, 20 and 21 of the Apprenticeship Education and Industry Training Programs Regulation
Non-compliance in regard to apprenticeship education that also constitutes an offence under the Act includes:
- providing information under the Act that is false – section 24 of the Act
- dismissing or taking any disciplinary action against another person for their actions in accordance with the Act, the regulations or an order made under the Act – section 25 of the Act
- impeding an officer in the carrying out of any duty that the officer is empowered to carry out under the Act – section 27 of the Act
- paying wages to an apprentice at a rate less than is required -- section 20 and Schedule 1 of the Apprenticeship Education and Industry Training Programs Regulation
- failing to adhere to the apprentice-to-mentor ratios as required -- section 21 and Schedule 2 of the Apprenticeship Education and Industry Training Programs Regulation
Non-compliance regarding work in a designated trade
Non-compliance in regard to a designated trade includes, but is not limited to:
- failing to abide by terms and conditions of an authorization – sections 13 and 14 of the Designated Trades and Restricted Activities Regulation
Non-compliance in regard to work in designated trades that also constitutes an offence under the Act includes:
- using the terms “certified”, “journeyperson”, or “trade certificate” in any form or derivative of one of those terms, in any combination with the name of a designated trade, in such a way as to represent, expressly or by implication, that the person holds a trade certificate in that designated trade, unless the person holds a valid trade certificate in that designated trade – section 23 (1) of the Act
- representing, expressly or by implication, that the person holds a trade certificate in a designated trade unless the person holds a valid trade certificate in that designated trade – section 23 (2) of the Act
- representing, expressly or by implication, that the person is permitted under the Act to perform a restricted activity in a designated trade unless the person is authorized under the Act to perform the restricted activity in that designated trade – section 23 (3) of the Act
- performing a restricted activity unless the person falls within a prescribed class of persons authorized to perform the restricted activity – section 23 (4) of the Act
- directing or allowing an employee to perform a restricted activity unless the employee falls within a prescribed class of persons authorized to perform the restricted activity – section 23 (5) of the Act
Glossary
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