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THE APPRENTICESHIP AND CERTIFICATION BOARD BY-LAW NO. 1 (General By-law)

A By-law relating generally to the management and conduct of the affairs of the

Apprenticeship and Certification Board and for carrying out its functions under The Apprenticeship and Certification Act

The following is enacted as a by-law of the Apprenticeship and Certification Board under the authority of Section of The Apprenticeship and Certification Act, C.C.S.M. c. A110 SECTION 1.00 – DEFINITIONS Definitions 1.01 Unless the context requires or specifies otherwise, in this By-law and all other By-laws of the Board:

“Act” means The Apprenticeship and Certification Act, C.C.S.M c.A110, as amended or revised, and any statute that may be substituted for that Act, and includes any regulations under the Act. In the case of any amendment, revision or substitution, any reference in the By-laws of the Board shall be read as referring to the amended, revised or substituted provision or statute.

“Board” means the Apprenticeship and Certification Board continued under Part 2 of the Act;

“By-law” means any by-law of the Board, and includes any schedules attached thereto, in force and effect from time to time;

“Committee” means a committee, standing, special or otherwise, that is not a Provincial Advisory

Committee, established by the Board under this By-law;

“Executive Director” means the person appointed under The Civil Service Act as the executive director for the purpose of this Act and who is also Secretary to the Board under subsection 6(4) of the Act.

“Member” means a member of the Apprenticeship and Certification Board appointed under

subsection 6(1) of the Act;

“Minister” means the member of Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; “Provincial Advisory Committee” means a trade advisory committee established under section 11 of the Act;

“Sub-Committee” means a Sub-Committee of a Provincial Advisory Committee that is established by the Board to serve a specific and temporary function for a Provincial Advisory Committee under the strict terms of reference to be determined by the Board as the circumstances require. “Standing Committee” means a Standing Committee established under section 9(1) of the Act

SECTION 2.00 – INTERPRETATION 2.01 Any term contained in this or any other By-law shall have the meaning given to it in the Act. 2.02 In this and any other By-law and in any amendments thereto, unless otherwise required by context,

words in the singular include the plural and words in the plural include the singular. 2.03 The headings used in this and any other By-law are inserted for reference purposes only and are not to

be considered or taken into account in construing the terms or provisions of the By-laws or to be deemed in any way to clarify, modify or explain the effect of any such terms or provisions.

APPRENTICESHIP AND CERTIFICATION BOARD– BY-LAW NO. 1

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SECTION 3.00 – OBJECT OF THE BOARD Functions of the Board 3.01 As provided in section 3 of the Act, the mandate of the Board is to

i. guide and coordinate an apprenticeship training and certification system in Manitoba that is relevant, accessible and responsive;

ii. promote apprenticeship training and certification as a way for Manitobans to enhance their employment and career opportunities;

iii. Support employer and employee participation in learning, skills development and certification; iv. advise the minister in respect of

(a) the needs of Manitobans who are seeking to develop their skills and obtain high quality i. training, and

(b) the present and future needs of the Manitoba labour market for skilled and trained persons; i. and

v. participate in interprovincial apprenticeship initiatives so as to maintain Manitoba’s apprenticeship training and certification system in good standing with respect to interprovincial standards for training and certification and related matters.

Designation of Trades and Occupations 3.02 As provided in subsection 18(1) and 18(2), subject to the approval of the minister, the board may by regulation

i. designate a trade as a designated trade, and may provide for separate branches or classifications of the trade.

ii. establish an apprenticeship program in the trade. 3.03 As provided in subsection 19(1), subject to the approval of the minister, the Board may by regulation

i. designate a trade that is not a designated trade as a designated occupation without apprenticeship training.

Regulations by the Board 3.04 As provided in subsection 46(1) of the Act, subject to the approval of the Minister, the Board may make regulations:

i. designating a trade and prescribing the tasks, activities and functions of a designated trade;

ii. establishing and governing an apprenticeship program for a designated trade, including establishing the standards and requirements respecting (a) the eligibility requirements for apprentices and employers, (b) the responsibilities of apprentices and employers, (c) the supervision of apprentices who are engaged in practical experience or technical training, (d) the hours of work and wage rates for apprentices, (e) the length of an apprenticeship program, including the minimum number of hours that an apprentice must complete or the length of time that an apprentice must serve within a level of an apprenticeship program, (f) the documentation of the progress of an apprentice through an apprenticeship program, (g) the advanced standing that may be granted to a prospective apprentice for previous training or experience, (h) the examination of the skills of apprentices, and (i) the issuance of certificates of qualifications;

iii. governing certification in a designated trade without apprenticeship training;

iv. respecting standards and requirements for certification for trades designated by the Canadian Council of Directors of Apprenticeship, including the issuance of red seals and the recognition of


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red seals issued by other provinces under the Council's Interprovincial Standards (Red Seal) Program;

v. respecting the form and content of apprenticeship agreements; vi. respecting the approval, registration, assignment, transfer and termination of apprenticeship

agreements; vii. respecting the transfer of an apprentice's apprenticeship agreement to the executive director in order to enable an apprentice to complete or enroll in technical training, and the terms and conditions that apply to such a transfer; viii. respecting training programs and education programs, including

(a) establishing qualifications for providers of training programs, and (b) prescribing standards and requirements for training programs and education programs,

ix. providing for recognition of all or part of a training program or education program for the purposes of an apprenticeship program or for granting advanced standing in an apprenticeship program; x. prescribing terms and conditions respecting the executive director's approval of training programs and education program, or parts of such programs; xi. respecting standards and requirements for upgrading; xii. designating occupations and governing the granting of occupational certificates, including examinations, eligibility to take examinations, and standards and requirements for certification in the occupation; xiii. for the purpose of section 20, specifying reasons for suspending or cancelling certificates of qualifications; xiv. for the purpose of a compulsory certification trade,

(a) establishing and governing a program of transition when a designated trade is designated as a compulsory certification trade, or has its designation as a compulsory certification trade rescinded,

(b) respecting the terms and conditions under which persons are authorized to work in the trade, including, but not limited to, minimum hours of work required to be performed in the trade within specified periods of time and upgrading requirements, (c) respecting authorizations to practice that are required to work in the trade, and governing periods of time for which authorizations to practice are valid, and (d) governing the circumstances under which the Executive Director may suspend or cancel the right to work in the trade;

xv. respecting exemptions under section 27; xvi. for the purpose of section 28 (partial exemptions), xvii. prescribing the tasks, activities and functions that a person may perform despite not being otherwise permitted to do so; xviii. prescribing the qualifications or training that a person must have to perform the tasks, activities or functions, prescribing any terms, conditions or restrictions that a person is subject to with respect to performing the tasks, activities or functions, and xiv. providing for any matter that the board considers to be related, incidental or ancillary to permitting a person to perform tasks, activities or functions under a regulation that prescribes a partial exemption; xx. respecting the issuance and cancellation of temporary permits under section 29, including terms and conditions that may be imposed on temporary permits;


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xxi. respecting administrative penalties for contravening a compliance order, including regulations (a) prescribing the form and content of the notice of administrative penalty, (b) respecting the determination of amounts of administrative penalties, which may vary according to the nature or frequency of the contravention, and whether the person in non- compliance is an individual or a corporation, and (c) respecting any other matter necessary for the administration of the system of administrative penalties provided for in this Act;

xxii. specifying decisions of the executive director that may be appealed to the appeal board, in addition to those in subsection 41(1);

xxiii. respecting the procedures to be followed in appeals conducted under section 41 xxiv. prescribing fees that may be charged under this Act, including, without limitation, fees for registering apprenticeship agreements, assessing prior training and experience, taking examinations, issuing certificates of qualification or occupational certificates, reviewing and assessing credentials and issuing temporary permits; xxv. respecting any matter considered by the board to be necessary or advisable to carry out the intent and purpose of this Act. Duties of the Board

3.05 The Board, a standing committee of the Board or other committee established by the Board shall carry

out its functions, perform its duties and exercise its powers in accordance with the Act. Annual Strategic Plan 3.06 The Board has the following duties to complete an Annual Strategic Plan:

i the Board must prepare and submit an annual strategic plan for a 12 month period beginning April 1 of each year as provided in subsection 4(1);

ii the Board’s annual strategic plan must set out Board’s goals and objectives, taking into consideration the strategic direction of the government in the area of apprenticeship and training, identify performance measures and any other information requested by Minister as provided in subsection 4(2);

iii the Board must provide opportunities for consultation with and seek advice and recommendations from representatives of employers, employees , training providers as provided in subsection 4(3);

iv the Board’s annual strategic plan must be signed by the Chair and submitted to the Minister by the date set by Minister as provided in subsection 4(3);

v A strategic plan may be amended, only with approval of Minister as provided in subsection 4(6); and

vi the Board must make its annual strategic plan publicly available as provided subsection 4(7). Annual Report 3.07 As provided in section 5(1) of the Act, the Board must prepare and provide a report on its activities for the 12 month period ending March 31, no later than 4 months after the end of the fiscal year. The report

must include a status report on the achievement of the goals and objectives set out in the strategic plan for the 12 month period.

3.08 Each committee will be required to make a submission for the Board’s Annual Report to the Governance

and Planning Standing Committee before the end of the fiscal year or on a date provided by the Board.


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Functions and Operations of Standing Committees 3.09 As provided in s. 10(2) of the Act, the role of the Governance and Planning Standing Committee is to

i advise the board with respect to the board's annual strategic plan and annual report; and

ii perform functions that are assigned to it by the board. 3.10 The Governance and Planning Standing Committee will be responsible for the following functions and operations:

i. Provide advice on governance issues including the following: (a) review the roles and responsibilities of the Board and its committees

annually, (b) make recommendations related to the governance structure and necessary policies or by laws; and recommendations to the Board, and

ii. Be responsible for leading Board development including:

(a) the development and delivery of orientation sessions to new Board members; (b) Develop processes for assessing Board effectiveness; and (c) identify and recommend educational opportunities for Board members to develop competencies iii. Be responsible for the development and delivery of the draft annual strategic plan, which is to be based on consultations with employers, employees, persons who provide technical training and any other individual, organization or associations, as determined by the Board to complete the following tasks: (a) outline the draft goals and objective of the Board for the period of April 1 to March 31 taking into account the strategic direction of the government, (b) identify performance measures related to the goals and objectives outlined in the plan to monitor progress, and (c) include other information required by the Minister 3.11 As provided in section 10(3), the role of the Community Liaison Standing Committee is to

i. serve as a liaison between the board and representatives of employers, employees, persons who provide training, including technical training, and other participants in the apprenticeship system;

ii. advise the board on the following matters

(a) about Manitoba's needs for skilled and trained persons, and (b) as to whether, to meet those needs effectively and efficiently, a trade or occupation should be designated or its designation should be rescinded; and

iii. perform other functions that are assigned to it by the Board. 3.12 The Community Liaison Standing Committee will be responsible for the following functions and

operations: i. To liaise with industry stakeholders, at the request of the Board with the following roles and


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responsibilities: (a) develop and maintain linkages and relationships with industry organizations and associations, (b) act as a focal point for industry inquiries about the Board and its activities, (c) consult with stakeholders on matters of common interest and arranges meetings with industry groups, (d) in consultation with industry to develop options and recommendations regarding the scope of the designated trades and occupations, (e) consult with industry on processes and procedures associated with the designation of trades and occupations, and (f) reporting on outcomes and provide advice and recommendations to the Board. ii. To receive and consider requests for designation of the new trades and occupations, rescinding designation for inactive trades and occupations, and provide recommendations to the Board iii. To play a consultative role by completing the following tasks: (a) provide advice and recommendations on the strategic plan consultations in collaboration with the Governance and Planning Committee, including development of policy and processes for conducting consultations, identification of stakeholders for participation in consultations, and other information, as requested. (b) At the request of the Minister to the Board, provide advice and recommendations on the consultations for the designation of compulsory trades in accordance with section 25(2) of the Act. 3.13 As provided in section 10(4), the role of the Program Standards Standing Committee is to

i. make recommendations to the board about

(a) the development and revision of apprenticeship programs, including content, training standards and examinations, (b) the qualifications required for certification in designated trades and designated occupations and for upgrading qualifications, and (c) the content of regulations made or proposed to be made respecting designated trades and designated occupations; and

ii. perform functions that are assigned to it by the board. 3.14 The Program Standards Standing Committee will be responsible for the following functions and operations:

i. Provide direction to the PAC in relation to the program standards for the trade or occupation

ii. Deliberate on recommendations from the PAC on program standards for the trade or occupation iii. To develop a program standards review process to ensure that all trades are aligned with the National

Occupational Analysis (NOA) or Provincial Occupational Analysis (POA).

iv. To recommend for approval changes to program standards.

iv. To receive and review curriculum guidelines,

v. To work with Apprenticeship Manitoba to establish and communicate priorities for the development of standards based on industry consultation and,

vi. To review criteria for accrediting programs and ensure that the process is consistent 3.15 As provided in section 10(5) of the Act, the role of the Nominating Standing Committee is to i. establish and maintain a list of potential candidates for appointment to provincial advisory committees


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and other committees established by the board; and ii. perform functions that are assigned to it by the Board.

As provided in section 10(6) of the Act, when establishing a list of potential candidates for appointment to a

Provincial Advisory Committee for a designated trade or designated occupation, the Nominating Standing Committee must:

i Consult with representatives of employers and employees in the trade or occupation; and

ii Ensure that each candidate selected is associated with and knowledgeable about the trade or

occupation.

3.16 The Nominating Standing Committee will be responsible for the following functions and operations:

i. To provide advice and recommendation to the Board on candidates for the proposed appointments to a Provincial Advisory Committees (PAC) or other committees established by the Board.

ii. To be responsible for all aspects concerning the recruitment and nomination of these proposed

appointments.

iii. To provide status updates to the Board on recruitment activities, vacancies and issues concerning membership status that require timely resolution and decision by the Board.

iv. To develop guidelines for the recruitment and nomination of PAC members to include the following: (a) Recruitment and consultation strategy with industry stakeholder representatives and existing PAC Members, including employees and employers in the designated trades and occupations, (b) Transparent application process with prescribed endorsement requirements for nominations, (c) Employer and employee representation, as defined under the Act, including verification of status by appropriate association, union or organization in the designated trade or occupation. (d) Verification of credentials (i) ensuring that wherever possible candidates are certified journeypersons in the trade or occupation; or (ii) where apprenticeship training and certification is currently unavailable related occupational experience and credentials will be considered and,

v. To develop guidelines on PAC membership status to include the following: (a) a mechanism for dealing with non-compliance issues with the PAC (b) develop a PAC Communication Protocol on Change of members’ status, for circumstances where the members’ status changes during their term of appointment so that they no longer represent the interests of the group they were appointed to represent (i.e. employers or employees).

Terms of Reference for Standing Committee 3.17 The Board will establish a terms of reference for each standing committee in accordance with their functions and operations as set out in the by-law and a timeline for the review of each standing committee’s terms of reference. Other Governance Issues 3.18 If Apprenticeship Manitoba staff identifies a program standards related issue in a designated trade or occupation,

i. he or she may make a request to the Executive Director or his or her designate to present the issue to Program Standards Standing Committee;

ii. The Program Standards Standing Committee will deliberate on the issue to determine whether it is a program standards, technical training or other issue; and


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iii. The Program Standards Standing Committee will determine how to proceed, which could include directing the matter to the PAC for further consideration. Performance of the Board 3.19 The Board shall undertake an evaluation of the Board performance and effectiveness on an annual basis. 3.20 The Board will approve a process for each standing committee to evaluate their own performance as a committee on an annual basis. SECTION 4.00 – MEMBERS OF THE BOARD Composition 4.01 As provided in section 6(1), the Board is to consist of the following members appointed by the Minister:

i. a member who is the chairperson;

ii. five members who represent the interests of employees in designated trades or designated occupations;

iii. five members who represent the interests of employers in designated trades or designated

occupations;

iv. two members who represent the interests of the public;

v. one member who is an apprentice, who is a non-voting member; and

vi. the executive director, who is a non-voting member. 4.02 As provided in subsection 6(2) of the Act, Members shall be, in the opinion of the Minister,

knowledgeable about designated trades or the needs of the Manitoba labour market for skilled workers.

Executive Director is an Ex-Officio Member and Secretary to the Board 4.03 As provided in subsection 6(4) of the Act, the Executive Director is an ex officio non-voting Member

who is to act as Secretary to the Board. Composition of Standing Committees 4.04 Each standing committee appointed under subsection 9(1) will be composed of: i. an even number of voting members plus the Chair; ii. a minimum of one (1) employer representative and one (1) employee representative; iii. an equal number of employee and employer representatives 4.05 The Board may, by by-law establish additional standing committees as it considers necessary, and assign to them the functions that it considers appropriate. Selection of Standing Committees 4.06 As per subsection 9(3), the Board must appoint from amongst its members the member of each standing committee. The Board will strive to reach consensus and to select members interested in the mandate and mission of the standing committee.


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4.07 The Board will review the membership and composition of each standing committee on an annual basis. Conduct of Members 4.08 A Member shall:

i. act honestly and in good faith, with a view to the best interests of apprentices, industry stakeholders and the general public;

ii. exercise the care, diligence and skill that a reasonable and prudent person would exercise in

comparable circumstances; and

iii. comply with the Act and the By-laws of the Board. Confidentiality 4.09 A Member shall use any information that he or she acquires by virtue of his or her position on the

Board only for the purposes of exercising his or her responsibilities and duties as a Member of the Board.

4.10 A Member shall not divulge confidential or restricted information to any unauthorized person or

release such information in advance of authorization for its release. Communication 4.11 The Chairperson and the Executive Director are the spokespersons for the Board and are the only

Members authorized to speak for the Board unless another Member is specifically authorized by the Board to do so.

Board Member Restriction 4.12 A Member may not concurrently be appointed to a Provincial Advisory Committee. Term of Office 4.13 As provided in subsection 6(5) of the Act, members of the Board are to be appointed for the term fixed

in the order appointing them, which for members other than the apprentice must not exceed 3 years. The term of appointment for the apprentice must not exceed 2 years.

4.14 As provided in subsection 6(7) of the Act, a member of the Board is eligible for reappointment after

serving a term of six consecutive years after at least 1 year has passed since the end of the member’s last term.

4.15 As provided in subsection 6(6) of the Act, a Member of the Board whose term expires continues to

hold office until reappointed, the appointment is revoked or a successor is appointed. 4.16 The term of appointment for a standing committee shall be 1 year with no limit on reappointment.


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Resignation of Members 4.17 A Member may resign from membership with the Board by providing written notice to the Minister,

the Chairperson and the Executive Director that indicates the effective date of the Member’s resignation. If no date is indicated in the notice, the date the notice is accepted by the Minister shall be considered to be the effective date of the Member’s resignation from membership.

Revoking Appointment of Members – Failure to Attend Meetings 4.18 The Board may recommend to the Minister that the appointment of a Member be revoked upon the

Member’s failure to attend three consecutive regular meetings of the Board without reasonable cause. Loss of Membership Privileges 4.19 A member who has resigned or whose membership on the Board has been revoked shall immediately

lose all membership privileges and shall immediately return to the Chairperson or Executive Director any and all records, books, documents or other property of the Board. A member who has resigned or whose membership was revoked shall not divulge any confidential or restricted information acquired during the membership to any unauthorized person.

Remuneration and Expenses 4.20 As provided in subsection 6(8) of the Act, the Minister may determine the amount of any

remuneration and reimbursement for expenses that may be paid to Members. SECTION 5.00 - OFFICERS OF THE BOARD Officers 5.01 The officers of the Board are:

i. the Chairperson appointed by the Minister under clause 6(1)(a) of the Act;

ii. the Vice-Chairperson designated by the Minister under subsection 6(3) of the Act; and

iii. the Secretary of the Board. As provided in subsection 6(4) of the Act, the Executive Director is an ex officio non-voting Member who is to act as Secretary.

Chairperson 5.02 The Chairperson shall:

i. Act as the leader and official representative of the Board and make an effort to raise the profile of the Manitoba Apprenticeship Program by, when possible, attending events and functions intended to promote the Manitoba Apprenticeship Program.

ii. Be the primary communicator between the Board and industry stakeholders and ensure that the perspectives of all industry stakeholders are known to all Members.

iii. At all times exercise his or her duties in such a manner as to ensure the neutrality of the chair and

promote the balance between employer and employee interests.

iv. Be responsible for safeguarding debates by ensuring a fair and orderly discussion of the issue.

v. Be responsible for the overall supervision and administration of the affairs of the Board.

vi. In consultation with the Director, ensure that all business arising from Board meetings is acted upon.


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vii. In consultation with the Director, prepare agendas for Board meetings. viii. Employ the principles of parliamentary procedure, in accordance with the authority named under

section 6.17 when necessary to ensure that meetings are fully productive and conducted fairly.

ix. Act as the official communicator to a Committee established by the Board under the i. By-laws.

x. Perform such other duties and exercise such other powers as are assigned to the Chairperson by the

Act, the By-laws or the Board (by resolution of the Members) from time to time. 5.03 The Chairperson shall be accountable for all reporting requirements of the Board by:

i. Ensuring the Board prepares and submits to the Minister an annual strategic plan for the 12 month period beginning April 1 of each year as provided under subsection 4(1) of the Act

ii. Signing the Annual Strategic Plan to be submitted to the Minister by the date set by the Minister under subsection 4(4) of the Act

iii. Ensuring the Board prepares and provides a report on its activities for the 12 month period ending March 31, no later than 4 months after the end of the fiscal year. The report must include a status report on the achievement of the goals and objectives set out in the strategic plan for the 12 month period as provided in subsection 5(1).

Vice-Chairperson 5.04 The Vice-Chairperson shall:

i. as provided in subsection 6(3) of the Act, in the absence or incapacity of the Chairperson, or if there is a vacancy in that office, act in place of the Chairperson; and

ii. perform such other duties and exercise such other powers as are assigned to the Vice-Chairperson by the Act, the By-law or by the Board (by resolution of the Members) from time to time.

Vacancies in the Offices of Chairperson and Vice-Chairperson 5.05 In the event that the office of the Chairperson becomes vacant, the Board shall without delay

recommend that the Minister appoint a new Chairperson to the Board as soon as practicable. 5.06 In the event that the office of the Vice-Chairperson becomes vacant, the Board shall without delay

recommend that the Minister designate one of the Members as Vice-Chairperson to act in the place of the Chairperson in accordance with subsection 6(3) of the Act.

Secretary

5.07 The Secretary shall:

i co-ordinate Branch staff to ensure the execution of Board directives; ii attend all meetings of the Board, and record or cause to be recorded the minutes of all such

meetings;

iii keep all minutes organized in a minute book , and retain the minute book for safekeeping;

iv. maintain the books, papers, records, correspondence, and other documents of the Board.


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5.08 As provided in subsection 6(4), the Minister may designate an employee of the government under the administration of the Minister to act as Secretary to the Board if the Executive Director is absent, unable to act or the office is vacant. SECTION 6.00 - PROCEEDINGS OF THE BOARD Regular Meetings 6.01 The Board shall meet a minimum of four times per year and as required to deliberate on the recommendations from the standing committees or other committees of the Board. 6.02 Each standing committee will establish a meeting schedule for the fiscal year taking into account their expected workload and mandate, and will undertake any additional meetings as required. Each standing committees meeting schedule must be approved by the Board Chair. Meetings by Telecommunications or Other Electronic Means 6.03 If all the Members consent, a Member may participate in a meeting of the Board or of a Committee of

the Board by means of such telephone or other communication facilities as permit all persons participating in the meeting to hear each other, and a Member participating in such a meeting by such means is deemed to be present at the meeting.

Quorum 6.04 As provided in subsection 11(6) of the Act, a majority of the members appointed to the Board

constitutes a quorum at a meeting of the Board. 6.05 A majority of the members of a Standing Committee or other Committee of the Board constitutes a

quorum at a meeting of a Committee of the Board. Voting 6.06 Except as otherwise provided in the By-law, all matters arising at a meeting of the Members of the

Board or of a Committee of the Board shall be decided by a majority of votes cast on the question. 6.07 As provided in section 7(2) of the Act, the Chairperson may not vote on a matter before the Board

except to break a tie vote. 6.08 Where the Chairperson is not present at a Board meeting, the Vice-Chairperson shall abstain from

voting except to break a tie. 6.09 Members shall abstain from voting where a conflict of interest is cited under section 9.01. 6.10 Members participating in a meeting by electronic means in accordance with section 6.03 may also

vote on a matter arising at that meeting.

Recommendations from Standing Committees

6.11 All substantive matters arising from one of the standing committees or other committee shall be referred to the Board for final decision.

6.12 Each standing committee will make recommendations to the Board in accordance with their role and

mandate as set out in subsection 10(2) of the Act for the Governance and Planning committee, subsection, subsection 10(3) for the Community Liaison Committee, subsection 10(4) for the Program Standards Standing Committee and subsection 10(5) for the Nominating Standing Committee.


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6.13 The standing committees should strive to obtain consensus on all recommendations to be referred to the Board. Where consensus cannot be obtained

i. recommendations may be decided by a majority vote of the committee or may be forwarded to

the Board with an indication of the specific issues of non-consensus.

ii. Committee members who are members of the Board also have voting privileges with the following exceptions: (a) as provided in subsection 9(4) a non-voting member of the Board is a non-voting member of a standing committee; (b) Chairperson of a standing committee may not vote on a matter before the standing

committee except to break a tie vote. 6.14 The Chair of a committee will present a report to the Board following each Standing Committee

meeting or as required. The report shall consist of a high level summary of the committee’s activities

By-Laws 6.15 As provided in s. 8 of the Act, the Board may make any by-laws it considers necessary for the

management and conduct of its affairs and for carrying out its functions under this Act. As provided in section 9(1), the Board shall by by-law establish the following standing committees:

i. A Governance and Planning Standing committee

ii. A Community Liaison Standing Committee

iii. A Program Standards Standing Committee

iv. A Nominating Standing Committee

6.16 As provided in section 10(1) of the Act, a by-law establishing a standing committee must provide for the committees functions and operations.

Parliamentary Authority

6.17 The rules contained in the most current edition of Robert’s Rules of Order, as approved by the Board, shall govern the Board in all cases where procedural matters are not contained in the Act, The Interpretation Act, C.C.S.M. c. I80, or the By-laws of the Board. SECTION 7.00 - NOTICE OF MEETINGS OF THE BOARD

7.01 Notice of meetings of the Board shall be delivered at least seven calendar days prior to the meeting.

7.02 Where in the opinion of the Chairperson or, in his or her absence or incapacity, the Vice-Chairperson,

a matter of urgency has arisen and it is not practical to deliver the notice as set out under section 7.01, notice may be given in such other manner as the Chairperson or the Vice-Chairperson determine appropriate under the circumstances.

7.03 Meetings of the Board may be held without notice if all the Members are present or a Member who is

absent has waived notice or has provided his or her consent in writing to the meeting being held in his or her absence.

7.04 An error or omission in giving notice of a meeting or the non-receipt of a notice by a Member shall

not invalidate a By-law or motion passed by the Board or a proceeding taken at a meeting and a Member may waive notice of a meeting and may ratify By-laws, motions or proceedings taken at the meeting.

7.05 A waiver of notice referred to in sections 7.03 or 7.04 may be given before or after the meeting to

which the waiver relates.


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SECTION 8.00 – PRESENTATIONS TO THE BOARD 8.01 A member of the public may petition the Board on matters under the jurisdiction of the Board by

submitting to the Chairperson and the Executive Director a written brief that shall be submitted to the Community Liaison Standing Committee at the next regular meeting.

8.02 A person or group may request, in writing, an opportunity to make a presentation to the Board. Such a

request shall be filed with the Chairperson and the Executive Director who shall inform the Board of the request for presentation at the next regular meeting. The Chairperson will refer the matter to the Community Liaison Standing Committee. If the matter pertains to the mandate of another Standing Committee, the Chairperson shall decide whether or not to refer the matter to that Standing Committee. If permission is granted, the Manager of Board Operations and Relations shall determine the time, date and place of the presentation.

SECTION 9.00 – CONFLICT OF INTEREST 9.01 Members shall abide by the guidelines provided in Schedule ‘A’ of this By-law that govern the

disclosure of interests, decisions as to interests and limitations on actions when a Member is deemed to have interests in conflict with the interests of the Board.

SECTION 10.00 – PROVINCIAL ADVISORY COMMITTEES Establishment 10.01 As provided in section 11(1) and 11(2) of the Act, the Board may establish a Provincial Advisory

Committee for a designated trade or occupation or a group of related designated trades or occupations, from a list of trades maintained from the Nominating Standing Committee.

Policies and Procedures 10.02 Policies and procedures established by the Board for Provincial Advisory Committees or any part or

parts thereof may be repealed, amended, altered or added to by a majority vote of the Members at a regular meeting of the Board.

Functions 10.03 As provided in sub-section 12(1) of the Act, the functions of a PAC i. for a designated trade or group of trades is to make recommendations to the board about

a. the standards and requirements for training and certification, and for upgrading, in the trade or trades, and

b. the content of regulations made or proposed to be made by the board respecting the trade or trades;

ii. for a designated occupation or group of occupations is to make recommendations to the board respecting the standards and requirements for certification in the occupation or occupations and, iii. is to perform functions that are assigned to the committee by the Board. Consultation 10.04 As provided in sub-section 12(2), each PAC that makes recommendations under section 12(1) on training and certification standards for a designated trade or occupation or group of related trades or occupations, must seek input from employers and employees in the applicable trade(s) or occupation(s). Member of the Board may attend a PAC meeting 10.05 A member of the Board may choose to attend a PAC meeting if there is a bona fide reason for attending


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the meeting and there is no conflict of interest that would arise from the Board member’s attendance. In this case, the process will be as follows:

i. The Board Operations and Relations Manager will provide notice to the PAC Chair of the Board the member’s intention to attend their next regularly scheduled meeting and will outline the reasons.

ii. If the PAC Chair objects, the PAC Chair must outline the reason for the objection. The matter will then be referred to the Chair of the Board for resolution. The Board member cannot attend until such time as the matter is resolved.

Term of Appointment and Vacancies 10.06 As provided in subsection 11(4) of the Act, the term of office of a Provincial Advisory Committee

member must not be more than three years. 10.07 If a Provincial Advisory Committee member is re-appointed, his or her new term of appointment

begins on the next business day after their last term of appointment expired or as provided by the Board in the document re-appointing the member.

10.08 As provided in subsection 11(5) of the Act, a member continues to hold office until he or she is re-

appointed, the appointment is revoked or a successor is appointed. Remuneration and Expenses 10.09 As provided in subsection 14(2) of the Act, the Minister may determine the amount of remuneration

and reimbursement for expenses that may be paid to Provincial Advisory Committee members. Quorum 10.10 As provided in subsection 11(6) of the Act, a majority of the members appointed to a Provincial

Advisory Committee constitutes a quorum at a meeting of the committee. Composition 10.11 As provided in subsection 11(2) of the Act, each Provincial Advisory Committee is to consist of at

least five but not more than nine members appointed by the Board:

i. a chairperson; ii. an equal number of members who represent the interests of persons who are employees in the

designated trade or designated occupation, or group of designated trades or designated occupations, and

iii. an equal number of members who represent the interests of employers of members who represent the interests of employers of persons employed in the designated trade or designated occupation, or group of designated trades or designated occupations.

Recruitment 10.12 The Board and Nominating Standing Committee are responsible for promoting awareness of

Provincial Advisory Committees and encouraging recruitment of committee members. Eligibility for Membership 10.13 To be eligible for membership on a Provincial Advisory Committee, an individual must represent the

interests of employers or employees in a designated trade or group of related designated trades.


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10.14 Any individuals who participate in the direct delivery or coordination of apprenticeship technical

training or apprenticeship accredited training programs are not eligible for membership on a Provincial Advisory Committee.

10.15 As provided under subsection 11(2) of the Act, Provincial Advisory Committee members must be

knowledgeable, in the opinion of the Board about the designated trade or group of related designated trades they represent.

10.16 When considering candidates, the Nominating Standing Committee will give full consideration on a

trade-by-trade basis to guiding principles for nomination as stipulated in the Board’s policy on the “Nomination of Provincial Advisory Committee (PAC) Candidates”.

Endorsement Requirements 10.17 To be considered for membership on a Provincial Advisory Committee, interested parties are required

to complete an application and one of the following requirements, depending upon the nature of their application:

i. An individual being nominated as an individual representative is required to supply 10

signatures from individuals within the group he or she is proposing to represent endorsing him or her as a representative of that group. These signatures of endorsement must be on the official endorsement application form and must be mailed or faxed to the Director, for submission to the Board. In consultation with the Executive Director and if circumstances warrant, the Board may decide to accept less than 10 signatures.

ii. An individual being nominated by a union, association or organization is required to supply a

letter from the senior officer of that union, association or organization endorsing the applicant as a representative of the union, association or organization. This letter of endorsement must be signed on official business letterhead and must be mailed or faxed to the attention of the Nominating Standing Committee for submission to the Board.

iii. Confirmation and clarity is essential on whether the nominating organization, association, union and/or individual represents the employer or employee population.

Application for Membership

10.18 All complete applications with letters and signatures of endorsement for membership must be sent to the attention of the Chair of the Nominating Standing Committee for review. If the Board or Nominating Standing Committee is not satisfied with the applications submitted, the Nominating Standing Committee must undertake to recruit additional candidates.

Employer and Employee Representation 10.19 For the purpose of determining the representatives of the interests of employers and the

representatives of the interests of employees, the Board shall refer to the following guidelines:

i. A person representing the interests of employers includes any individual who, in the opinion of the Board, is knowledgeable in respect of the designated trade or group of related designated trades and

(a) participates in an established apprenticeship training and certification program as an

“employer” as defined under the Act, or

(b) where no apprenticeship program is available, hires people to work in a designated trade and provides supervision and training in tasks, activities and functions that are carried out in that trade, or

(c) represents the interests of those individuals who hire persons to work in that designated trade.


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ii. A person representing the interests of employees includes any individual who, in the opinion

of the Board, is knowledgeable in respect of the designated trade or group of related designated trades and

(a) holds a trade certificate and is hired to work for an employer in a designated trade and

receives compensation for his or her work in the form of a wage, salary, commission, stipend, or a combination of these types of payment, or

(b) a final year apprentice who does not hold a trade certificate but has completed technical training and examinations for all previous levels and has been granted permission from the Board to provide employee representation on a Provincial Advisory Committee, or

(c) represents the interests of those persons hired to work in a designated trade.

10.20 For the purpose of ensuring meaningful employee representation, the Board shall strive to:

i. appoint employee representatives who are fully independent of all employer representation on the same Provincial Advisory Committee at the same time; and

ii. appoint at least one employee representative to each Provincial Advisory Committee

whose livelihood depends on performing the duties comprising the scope of the trade. Trade Certification 10.21 Whenever possible, a majority of members appointed to a Provincial Advisory Committee will be

certified journeypersons in the designated trade or occupation. 10.22 Where apprenticeship training and certification is currently unavailable in a trade, the Board shall

consider occupational experience and credentials in selecting persons representing the interests of employees and persons representing the interests of employers. Under these circumstances, employee representatives and employer representatives are considered to be persons who have acquired the skills of a trade through not less than one and a half times the work experience required for the proposed term of apprenticeship. The Board will establish terms of reference when Provincial Advisory Committee’s are not constituted.

Change of Status

10.23 If it comes to the attention of the Board that a Provincial Advisory Committee member’s status may have changed during their term of appointment such that they may no longer represent the interests of the group for which they were appointed to represent, the Board will conduct a review of that person’s appointment. As part of this review, the Board is required to verify the member’s term of appointment with the nominating body or individuals and may conduct any other inquiry as deemed necessary.

10.24 If, by majority vote, the Board finds that a Provincial Advisory Committee member’s status has changed, then in accordance with section 10.23, a member’s term of appointment may be revoked.

Residency

10.25 For the purpose of ensuring employer and employee representatives are knowledgeable about the designated trade or group of related designated trades in Manitoba, a preference will be shown to residents of Manitoba when appointing members of Provincial Advisory Committees.

Appointments 10.26 The Board shall strive to appoint Provincial Advisory Committees with an optimum of broad-based

industry employer and employee representation by providing, whenever possible and applicable:

i regional or Province-wide representation within Manitoba;


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ii representation from employees both organized and non-organized labour; iii representation from employers of unionized and non-unionized labour;

iv representation from large, medium and small employers;

v representation from industry organizations and associations;

vi. representation from different sectors within an industry; and vii. representation from any other individuals, groups or organizations that the Board deems

appropriate. Chairperson

10.27 As provided for under subsection 11(3) of the Act, a PAC must elect from among its members a Vice-

Chairperson and, in the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant, the Vice Chairperson has the interim duties and functions of the Chairperson.

Vacancy in the Office of the Chairperson 10.28 In the event the office of the Chairperson becomes vacant, the Board shall appoint at their earliest

opportunity, a new Chairperson from a list of potential candidates maintained by the Nominating Standing Committee.

Vacancy in the Office of the Vice-Chairperson

10.29 In the event the office of the Vice-Chairperson becomes vacant, the Committee shall elect from among themselves a Vice-Chairperson at the next meeting of the Committee.

Suspension of Membership

10.30 A Provincial Advisory Committee member’s term of appointment may be suspended by the Board if the member fails to abide by the terms of the By-Law, Conflict of Interest Policies and Guidelines, any established Board policies and procedures, or if the member’s status is being reviewed under section 10.23 and 10.24 of this By-Law.

10.31 Upon suspension of the term of appointment of a Provincial Advisory Committee member, the Board will conduct a review of the member’s term of appointment at the next regular meeting, and the Board may revoke the member’s appointment in accordance with section 10.23 and 10.24 of this By Law or reinstate the member.

Resignation of Members

10.32 A member may resign from membership with a Provincial Advisory Committee by providing a written notice to the Chairperson of the committee and the Chairperson of the Board that indicates the effective date of the member’s resignation. If no date of resignation is indicated in the notice, the date the notice is accepted by the Chairperson of the Board shall be considered to be the effective date of the member’s resignation from membership.

Revocation of Appointment

10.33 Upon majority vote by the Board, the appointment of a member to a Provincial Advisory Committee may be revoked for on one or more of the following reasons:

i. The member fails to abide by the provisions of a Board By-law, the Conflict of Interest Policies and Guidelines and any established Board policies and procedures.


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ii. The member no longer represents the interests of the employees for whom he or she was appointed to represent.

iii. The member no longer represents the interests of the employers for whom he or she was appointed to represent.

iv. If a member fails to attend three (3) consecutive meetings without reasonable cause, the member’s term of appointment may be considered by the Board for revocation. The effective date of revocation will be the date of the last official meeting missed by the member and a formal notice will be sent to the member, indicating the revocation of his or her appointment.

Dissolution 10.34 The Board shall dissolve a Committee when the designated trade, or group of related trades the

Committee was established to advise the Board on, ceases to be a designated trade or group of related designated trades.

SECTION 11.00 – OTHER COMMITTEES 11.01 The Board may establish other Committees as follows: i. The Board may establish a committee to advise the Board or a PAC about matters that come under

the Act as per subsection 13(1) ii. When a committee has been established, the Board may appoint persons to the committee, establish the Terms of Reference, and assign functions to be performed by members or other persons to the committee as per subsection 13(2). iii. As committee may report directly to the Board or through one or more standing committees, as specified by the Board as per subsection 14(1) 11.02 The Board shall designate the Chairperson of each Committee from amongst its members 11.03 A person may be removed from a Committee at the discretion of the Board. 11.04 The Board shall establish terms of reference for Committees that may include:

i. the type of Committee (standing, special, etc); ii. the overall purpose including goals and tasks; iii. any specific directives or authority; iv. composition of the Committee;

v. the length of time for which a Member may serve on a Committee.

vi. conditions concerning the duration of the Committee and timeframe for the completion of the

Committee’s work; and vii. a review of the Terms of Reference for the Committee.

Provincial Advisory Committee Sub-Committees 11.05 The Board may establish a Sub-committee to serve a specific and temporary function for a Provincial

Advisory Committee under the strict terms of reference to be determined by the Board as the circumstances require.

SECTION 12.00 – ENACTMENT AND AMENDMENT OF BY-LAWS


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12.01 Subject to subsection 12.02 of this By-law, this By-law and any other By-law of the Board, or any part

or parts thereof, may be repealed, amended, altered or added to by By-law enacted by a two-thirds majority vote of the Members at a regular or special meeting of the Board provided that notice of the repeal, amendment, alteration or addition was given to all Members at the previous meeting of the Board.

12.02 Any By-law, and amendment or alteration of or addition to a By-law, shall be consistent with the Act. Approved by: _________________________ _______________________________ Chair Minister of Entrepreneurship, Apprenticeship and Certification Board Training and Trade __________________________ ____________________________ Date Date


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SCHEDULE ‘A’ TO APPRENTICESHIP AND CERTIFICATION BOARD BY-LAW NO.1 (GENERAL BY-LAW): CONFLICT OF INTEREST POLICIES AND GUIDELINES

1. Policy Statement The Apprenticeship and Certification Board (the “Board”) expects its Members to maintain high standards of honesty, integrity, impartiality and ethical conduct. Members must be constantly aware of the need to avoid situations that might result in a conflict of interest and to conduct themselves, in their official and personal relations, in a manner that commands the respect and confidence of their fellow citizens. 2. Applicability These conflict of interest policies and guidelines, including the disclosure requirements in section 4, apply to all Members of the Board. These policies and guidelines are in addition to, and in no way derogate from, the provisions of The Apprenticeship and Certification Act, or any other statute which applies to the Members of the Board. 3. Conflict of Interest 3.1 Meaning of conflict of interest For the purpose of these policies and guidelines, a "conflict of interest" means any situation in which a Member of the Board has

(a) an actual conflict of interest with the Board. In this case, the Member has a private or personal interest which may result in

(i) an improper personal material gain or an advantage by virtue of his or her position as

a Member of the Board, or

(ii) an interference with the objective exercise of his or her duties to the Board, or (b) a potential conflict of interest with the Board. In this case, the Member does not have an

actual conflict of interest, but changing circumstances or factors related to the situation could potentially place the Member in an actual conflict of interest with the Board, or

(c) a perceived conflict of interest with the Board. In this case, the Member does not have an

actual or potential conflict of interest with the Board, but a reasonable person aware of all salient facts would think there is a real possibility of the member having an actual or potential conflict of interest with the Board.

4. Requirement for Disclosure of Conflict of Interest 4.1 Disclosure of Conflict of Interest A Member who believes that he or she has a conflict of interest with the Board must disclose the nature and extent of the interest in writing to the Board immediately on becoming aware of the conflict with the request that the nature and extent of his or her interest be entered in the minutes of the meetings of the Board. 4.2 Clarification Where a Member is unsure about whether he or she has a conflict of interest with the Board, the Member must seek clarification from the Board. 4.3 Decision as to Interest Where a Member seeks clarification from the Board or another person asks the Board to consider a matter that he or she believes to be a conflict of interest between a Member and the Board, the Board will determine by a


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vote of the other Members at the meeting, provided that the remaining Members constitute a quorum of the Board, or at a subsequent meeting if a quorum is not present, whether the Member has a conflict of interest with the Board. 4.4 Participation of Members No Member may be present at a meeting of the Board at which the matter on which the Member has declared a conflict of interest or the Board has determined him or her to have a conflict of interest with the Board, is discussed or voted on. In addition, no member may participate in his or her official capacity as a Member of the Board in any analysis, discussion, decision or recommendation of the Board at a Committee of the Board or otherwise outside Board meetings, on any matter on which he or she has declared himself or herself to have a conflict of interest or the Board has determined him or her to have a conflict of interest with the Board. 5. Guidelines for Avoiding Conflict of Interest Situations The following guidelines are not exhaustive, but provide general principles and minimum standards to assist Members in avoiding conflict of interest situations. 5.1 A Member must not engage directly or indirectly in any personal business transaction or private arrangement for personal profit which accrues from or is based upon his or her position as a Member of the Board or upon confidential or non-public information to which he or she gains access by reason of his or her position as a Member of the Board. 5.2 A Member must not divulge confidential or restricted information received as a Member of the Board to any unauthorized person or release such information before being authorized to do so. 5.3 A Member must not have a financial or other interest that could conflict in any manner with the discharge of his or her duties as a Member of the Board. Involvement or employment outside the Board or a financial or other interest which reduces or demonstrates the potential to reduce the Member's ability to give the Board impartial or disinterested service must be clearly avoided. 5.4 No conflict should exist or appear to exist between the private interests of a Member and his or her duties and responsibilities on the Board. A Member must arrange his or her private affairs in a manner that will prevent conflicts of interest from arising. 5.5 In order that his or her honesty and impartiality may be beyond doubt, a Member should not place himself or herself in a position where he or she is under an obligation to any person who might benefit from special considerations or favours on his or her part or seek in any way to gain special treatment from the Member. 6. Revocation of Appointment to Board A Member must not depart from any of the above rules respecting disclosure of, and guidelines for avoiding, conflict of interest situations, without the specific prior written approval of the Board. Departure by a Member from these rules and guidelines may be sufficient cause for the Board to recommend to the Minister to revoke the Member's appointment to Board. Declaration

Acknowledgement of Conflict of Interest Policies and Guidelines

The undersigned, a Member of the Board, fully understands the Conflict of Interest Policies and Guidelines, the receipt of which is hereby acknowledged, and agree to follow the procedures stated above. Date: ______________________ Signature: _______________________________

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