Compliance Orders, Penalties and Convictions

Compliance Order

A Compliance Order is a tool that requires a person to come into compliance with legislation.

An AIT officer is authorized to issue a compliance order to any person who is contravening the Act or Regulations, directing them to comply within a specific time frame and in accordance with specific directions.

If that person refuses or fails to comply with the terms specified in the compliance order, the AIT officer applies to the courts for an order requiring the person to comply with the Act.

A compliance order can be issued for a number of reasons. Examples of non-compliance are listed here.

If any person is contravening the Apprenticeship and Industry Training Act or Regulations, or conspiring with others to commit a contravention, that information maybe referred to the Program Compliance & Investigations Unit.

The Program Compliance & Investigations Unit conducts both regulatory and criminal investigations. Investigations conducted are in accordance to their Alberta Peace Officer Appointments, authorized by Alberta Justice and Solicitor General and may result in formal prosecution within Alberta Provincial Courts.

Alberta Provincial Courts may impose penalties that can be outside of the Alberta Apprenticeship & Industry Training, including:

  • costs against the defendant,
  • imposing conditions to ensure compliance,
  • fines for failing to comply, and
  • other penalties (imprisonment for failing to comply with terms of Court Order).

Penalties for Non-Compliance

There is no minimum fine specified in the Act. The Crown Prosecutor may suggest an appropriate fine in a particular case, however the decision is at the discretion of the Court, up to a maximum of $15,000 for each offence.

The Minister may suspend or cancel a person’s trade or occupational certificate or an apprenticeship contract:

  • if the certificate has been improperly altered, obtained by misrepresentation or fraud, was improperly entered into or granted due to an administrative error, or has been used by someone other than the certificate or contract holder, and
  • if there has been an irregularity in the taking of an exam required under the Act.

On the recommendation of the Alberta Apprenticeship and Industry Training Board, the Minister may also suspend or cancel a person’s trade or occupational certificate or apprenticeship contract if the person is not maintaining an acceptable standard of quality or skill in their trade or occupation.

If circumstances warrant (such as fraudulent activity), charges may also be pursued under the Criminal Code of Canada.

Convictions for Non-Compliance

2018 Convictions for Non-compliance

April-June 2018:

  • As a matter of public record, on April 11, 2018, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court to two offences under Section 368 of the Criminal Code of Canada for causing employers within Alberta to act upon a forged Steamfitter Pipefitter Journeyman Certificate, and a single offence under Section 362 of the Criminal Code of Canada, for obtaining employment within Alberta under the false pretense of being a certified Steamfitter Pipefitter. The case is concluded, and [NAME REDACTED] received a 6 months Community Service Order, and a victim surcharge fine in the amount of $100.
  • As a matter of public record, on May 10, 2018, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court to single offences under Section 368 of the Criminal Code of Canada for causing employers within Alberta to act upon a forged Electrician Journeyman Certificate. The case is concluded, and [NAME REDACTED], received a sentence of 90 days intermittent incarceration, and a Probation Order with conditions for a period of 36 months. 
  • As a matter of public record, on June 4, 2018, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court to seek a transfer of his Court proceedings to a Nova Scotia Provincial Court for resolution.  On June 20, 2018,  two offences under Section 368 of the Criminal Code of Canada, for causing employers within Alberta to act upon a forged Ironworker Journeyman Certificate, and a single offence under Section 380 of the Criminal Code of Canada, for fraud over $5,000.The case is concluded, and [NAME REDACTED] received a sentence of 90 days intermittent incarceration.

July - September 2018

  • As a matter of public record, on August 20, 2018, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court to offences under Section 17 of the Criminal Code of Canada for causing employers within Alberta to act upon a forged Steamfitter-Pipefitter Journeyman Certificate. The case is concluded, and [NAME REDACTED], received a sentence of 6 months Community Service Order, and 18 months probation. He has to complete 200 hours of community service, is subject to 4 Months House Arrest, and the period of probation has a number of extensive restrictions.

October - December 2018

  • As a matter of public record, on October 24, 2018, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court under Sections 54(1) and 17 of the Apprenticeship and Industry Training Act for causing employers within Alberta to act upon a forged Ironworker Journeyman Certificate. The case is concluded, and [NAME REDACTED], received a collective fine of $17, 500, and a period of 36 months’ probation.

2019 Convictions for Non-compliance

January - March 2019

  • As a matter of public record, on March 25, 2019, [NAME REDACTED], entered a guilty plea in Edmonton Provincial Court and received a $2500 fine for a single Criminal Code offence of causing a person to act upon an Alberta Journeyman Parts Tech Red Seal Certificate. 

2020 Convictions for Non-compliance

  • As a matter of public record, on September 15, 2020, [NAME REDACTED] entered a guilty plea in Edmonton Provincial Court and received a $6,500 fine for a single Criminal Code offence of causing a person to act upon a forged Crane and Hoist Equipment Operator (Mobile Crane) Journeyman Certificate

2021 Convictions for Non-compliance

  • As a matter of public record, on April 8, 2021, [NAME REDACTED] entered a guilty plea in Calgary Provincial Court and received a 12 month Probation Order with conditions for a two Criminal Code offences of causing a person(s) to act upon fraudulent claims of possessing Heavy Equipment Technician Journeyman Certification; and causing a person(s) to act on a forged Province of Alberta, Commercial Vehicle Inspection Certificate.
  • As a matter of public record, on April 7, 2021, [NAME REDACTED] entered a guilty plea in Whitecourt Provincial Court and received a $5,000 fine and a $1,500 Victim Surcharge fee for a single Criminal Code offence of causing a person to act upon a forged Heavy Equipment Technician Journeyman Certificate.