Examples of Non-compliance

A designated AIT officer is authorized to enter the premises of an employer or a worksite at any reasonable time to conduct an inspection of the premises, work site and records that are relevant to the inspection. AIT officers have the authority to:

  • inspect the premises or worksite location, and any record or object relating to payroll, job classification, performance of work, qualifications or the training of workers and to observe the nature of trade-related work being carried out,
  • make inquiries of any person regarding any relevant records, or the employment, qualifications, training or instruction of person, including inspection and verification of trade credentials or apprentice identification cards and records related to employment of tradespeople and training of apprentices, and
  • make copies or take photographs of any relevant records or object, or remove them to make copies or take photographs. 

Following are instances of non-compliance.

Non-compliance for an employer

Non-compliance for an employer:

  • denying access or otherwise impeding efforts of an AIT officer to conduct an inspection – Section 51(1) of the Act,
  • employing an individual to work in a designated trade when, under the Act, that individual is not permitted to work in that trade – Section 26 of the Act,
  • employing a number of apprentices in excess of a ratio prescribed within the trade regulation, or failing to provide supervision and/or training to an apprentice – Sections 15 and 16 of Apprenticeship Program Regulation (AR 258/2000) and 
  • paying wages to an apprentice at a rate less than permitted by the applicable trade regulation – Section 12(c) of Apprenticeship Program Regulation (AR 258/2000).

Non-compliance for an individual

Non-compliance for an individual :

  • denying access or otherwise impeding efforts of an AIT officer to conduct an inspection – Section 51(1) of the Act and
  • working in a compulsory certification trade without the necessary qualifications – Sections 21(3) and (4) of the Act.

To work legally in a compulsory certification trade an individual must have one of the following:

  • a recognized trade certificate issued from a recognized regulatory authority (These credentials are described in the recognized credentials section of Tradesecrets),
  • a valid registered apprenticeship status in the trade,
  • an active AIT program applicant status for a trade certificate or the apprenticeship program, or
  • satisfy the requirements of a valid exemption under the Act (such as an authorization or an exemption regulation).