Certificate through Trade Qualification

Certificate through trade qualification
30   (1)    The Director may issue a certificate of qualification in a designated trade to a person who does not hold a certificate of apprenticeship in the trade if the person applies and

                (a)    provides evidence acceptable to the Director that the person has been employed in the designated trade during the 10 years immediately before their application and,

                         (i)     if there are no trade regulations for the designated trade, has been employed in the designated trade for a period of time that is at least 1.5 times the term of apprenticeship for the designated trade, or

                         (ii)    if there are trade regulations for the designated trade,

                                  (A)   has completed the practical experience prescribed in the trade regulations as a requirement of eligibility to be examined for a certificate of qualification, or

                                  (B)   has been employed in the designated trade for the period of time that is prescribed in the applicable trade regulations for the purpose of this Section;
Clause 30(1)(a) replaced: O.I.C. 2004-219, N.S. Reg. 160/2004.

                (b)    is able to demonstrate, to the approval of the Director, competence in the tasks of the designated trade;

                (c)    is recommended for a certificate of qualification by 2 persons who are, in the opinion of the Director, qualified in the trade and who have vouched for the person’s skill and experience;
Clause 30(1)(c) amended: O.I.C. 2004-219, N.S. Reg. 160/2004.

                (d)    completes the certification examination for the designated trade with a mark of 70% or greater;

                (e)    meets any other applicable requirements prescribed in the trade regulations for the designated trade; and

                (f)    pays the fee prescribed in subsection 44(8).
Subsection 30(1) amended: O.I.C. 2004-219, N.S. Reg. 160/2004.

       (2)    Despite subsection (1), if a person applies for a certificate of qualification in a designated trade within 2 years after the date that the trade is first designated, the Director may issue a certificate of qualification in the designated trade to the person if the person

                (a)    meets the requirements of clauses (1)(a), (b), (d) and (e);
                (b)    is able to satisfy the Director that the person has received training that relates to the trade and that is acceptable to the Director; and

                (c)    is recommended for a certificate of qualification by 2 persons who are, in the opinion of the Director, knowledgeable in the trade and who have vouched for the person’s skill and experience.
Subsection 30(2) added: O.I.C. 2004-219, N.S. Reg. 160/2004.

Certificate of proficiency
30A(1)    To be eligible for a certificate of proficiency under subsection 21(1A) of the Act, a person must have worked at least 18 000 hours in a designated trade and must meet at least 1 of the following criteria:

                (a)    they experience cultural barriers, or barriers to literacy or education;

                (b)    they speak some English and need time to develop functional English language skills;

                (c)    they have unsuccessfully written the certification examination at least twice.
Subsection 30A(1) amended: O.I.C. 2016-238, N.S. Reg. 184/2016.

       (2)    A person may apply for a certificate of proficiency in a manner approved by the Director, and an application must be accompanied by the fee prescribed in subsection 44(8A).

       (3)    The Director may impose conditions on a certificate of proficiency to be fulfilled by the holder of the certificate to assist the holder of the certificate to prepare for the certification examination.

       (4)    The Department must monitor a holder of a certificate of proficiency to ensure that the holder is fulfilling the conditions of the certificate.

       (5)    A representative of the department must visit a holder of a certificate of proficiency at least once a year during the term of the certificate.

       (6)    A certificate of proficiency is valid for a term of 5 years.

       (7)    The Director may approve an application to renew a certificate of proficiency for a second 5-year term.
Section 30A added: O.I.C. 2008-305, N.S. Reg. 295/2008.

Red seal certification
31   (1)    The Director must affix an interprovincial red seal on a certificate of qualification issued to a person if the person has successfully completed the interprovincial certification examination.

       (2)    The Director must recognize a certificate of qualification bearing a red seal issued by another province in Canada as being the equivalent of a certificate of qualification granted for that trade in Nova Scotia.

Examinations
32   (1)    An apprentice referred to in Section 29 or an applicant referred to in Section 30 who fails a certification examination is not eligible for re-examination until at least 30 days after the date of the failed certification examination.
Subsection 32(1) amended: O.I.C. 2016-238, N.S. Reg. 184/2016.

       (2)    An applicant referred to in subsection (1) who fails the certification examination on a second or subsequent attempt is not permitted to be re-examined until the applicant completes technical training or practical experience acceptable to the Director.

       (3)    A person, on behalf of apprentices, may arrange a special examination sitting upon the payment of the fee prescribed in subsection 44(7).

Restriction on certificates
33   (1)    The Director may issue only a certificate referred to in the Act and these regulations.

       (2)    A special certificate issued under the general regulations pursuant to the former Act and in effect on the coming into force of these regulations continues in effect for the duration and under the terms and conditions specified in the special certificate.

Identity card
34   (1)    The Director must issue an identity card to each apprentice or journeyperson indicating their designated trade.
Subsection 34(1) replaced: O.I.C. 2016-238, N.S. Reg. 184/2016.

       (1A) An identity card must contain a full-face photograph, in a form approved by the Director, of the person to whom the card is issued.
Subsection 34(1A) added: O.I.C. 2016-238, N.S. Reg. 184/2016.

       (2)    An apprentice or a journeyperson must keep the identity card issued to them in their possession when practising the designated trade.
Subsection 34(2) amended: O.I.C. 2016-238, N.S. Reg. 184/2016.

       (3)    An apprentice or a journeyperson must produce their identity card upon the request of the Director, or a person authorized by the Minister or the Director.
Subsection 34(3) amended: O.I.C. 2016-238, N.S. Reg. 184/2016.

Display of certificate of qualification
34A Unless otherwise indicated in the applicable trade regulations, a journeyperson is not required to display their certificate of qualification at their place of employment.
Section 34A added: O.I.C. 2016-238, N.S. Reg. 184/2016.

Suspension or cancellation of certificate of qualification
35   (1)    In addition to the reasons for suspending or cancelling a certificate of qualification in clause 21(2)(a) of the Act, the Director may suspend or cancel a certificate of qualification if the holder of the certificate of qualification has acted in a manner that is

                (a)    not consistent with good practice in their designated trade; or

                (b)    detrimental or hazardous to property or public safety.

       (2)    Before the Director suspends or cancels a certificate of qualification, the Director must give 15 days’ notice to the holder of the certificate of qualification of the matters alleged against the holder and give the holder an opportunity to be heard and present evidence on the holder’s behalf.

       (3)    When the Director suspends or cancels a certificate of qualification, the Director must give written notice to the holder of the certificate by registered prepaid post, addressed to the holder's last known address.

       (4)    If a certificate of qualification is suspended or cancelled, the holder of the certificate of qualification must return their certificate and identity card to the Director within 24 hours after receiving a written notice of suspension or cancellation.

Suspension or cancellation of certificate of proficiency
35A The Director may suspend or cancel a certificate of proficiency if the holder fails to comply with the conditions of the certificate.
Section 35A added: O.I.C. 2008-305, N.S. Reg. 295/2008.

Term and renewal of certificate of qualification in non-compulsory trade
35B (1)    Unless otherwise indicated in the applicable trade regulations, a certificate of qualification for a designated trade that is not a compulsory certified trade is valid for an indefinite period.

       (2)    If the applicable trade regulations establish a term for and provide for renewal of a certificate of qualification for a designated trade that is not a compulsory certified trade,

                (a)    the Director may renew the certificate if, within 60 days before or after the certificate expires, the holder of the certificate

                         (i)     pays the fee prescribed in subsection 44(6), and

                         (ii)    meets any requirements of the applicable trade regulations; and

                (b)    the term of renewal of the certificate is

                         (i)     the term set out in the applicable trade regulations, or

                         (ii)    if there are no applicable trade regulations, 5 years.