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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Industry Training Authority Act

[SBC 2003] CHAPTER 34

Assented to May 29, 2003

Contents
Part 1 — Definitions
1Definitions
Part 2 — Industry Training Authority
2Industry Training Authority established
2.1Purposes of authority
3Appointment of board of directors
4Appointment of chief executive officer
5Employees
6Financial administration and strategic plans and reports
7No borrowing or deficit
Part 3 — Industry Training and Apprenticeship
8Powers of authority respecting training programs
9Duties of authority respecting trainees
Part 4 — Reconsiderations and Appeals
10Appeal board established
11Reconsiderations and appeals
Part 5 — General
12Power to make regulations
13Application of Offence Act
14Application of Business Corporations Act to authority
15Transitional
16Appropriation
17–23Spent
24Commencement

Part 1 — Definitions

Definitions

1  In this Act:

"accredited program" means a program designated as an accredited program under the regulations;

"appeal board" means the Industry Training Appeal Board established under section 10;

"authority" means the Industry Training Authority established under section 2;

"board" means the board appointed under section 3;

"chief executive officer" means the chief executive officer appointed under section 4;

"industry training agreement" means an agreement, that is registered under section 9 (1) (a), to provide training or apprenticeship;

"industry training credential" means a credential awarded under section 8 (1) (g);

"industry training program" means an accredited program or a recognized program;

"industry training recognition credential" means a credential awarded under section 8 (1) (h);

"recognized program" means a program designated by the authority under section 8 (1) (a);

"trainee" means an individual registered as a trainee or apprentice under section 9;

"trainer" means a person designated as a trainer by the authority under section 8 (1) (m);

"training institution" means an institution as defined in the College and Institute Act.

Part 2 — Industry Training Authority

Industry Training Authority established

2  (1) The Industry Training Authority is established as a corporation consisting of a board of directors appointed under section 3.

(2) The authority has the power and capacity of a natural person of full capacity.

(3) The authority is an agent of the government.

Purposes of authority

2.1  The purposes of the authority are the following:

(a) to manage and support an industry training and apprenticeship system in British Columbia;

(b) to ensure that the industry training and apprenticeship system referred to in paragraph (a) meets the Province's need for skilled workers;

(c) to work with the government to achieve the government's objectives respecting the industry training and apprenticeship system referred to in paragraph (a);

(d) to promote industry training programs, including by encouraging employers and individuals to participate in those programs;

(e) other purposes the minister may prescribe.

Appointment of board of directors

3  (1) The minister may appoint a board of directors to consist of up to 9 directors and may appoint one of the directors as the chair.

(2) The minister may establish the terms of appointment for the directors appointed under subsection (1).

(3) In accordance with general directives of the Treasury Board, directors may be paid remuneration and must be reimbursed for all reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.

Appointment of chief executive officer

4  The authority must appoint an individual as the chief executive officer of the authority to carry out the functions and duties that the authority specifies and may set the remuneration of the chief executive officer.

Employees

5  (1) The chief executive officer, to the extent authorized by the authority, may appoint officers and employees of the authority, define their duties and set their remuneration.

(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the authority, its officers or its employees, but the Lieutenant Governor in Council, on request of the board, may provide, by regulation, that any provision of those Acts applies to the authority, its officers or its employees.

Financial administration and strategic plans and reports

6  (1) The authority must establish and maintain an accounting system satisfactory to the Minister of Finance and, whenever required by that minister, must render detailed accounts of its revenues and expenditures for the period or to the day that minister designates.

(2) All books or records of account, documents and other financial records of the authority must at all times be open for inspection by the minister, the Minister of Finance or a person designated by either minister.

(3) The Minister of Finance may direct the Comptroller General to examine, and report to the Minister of Finance on, any or all of the financial and accounting operations of the authority.

(4) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the authority, the authority must appoint an auditor to audit and report on the accounts of the authority at least once each year.

(5) The authority must, on or before December 31 of each year, submit for approval by the minister a 3 year strategic plan that sets out the following in relation to the authority's next 3 fiscal years:

(a) how the authority proposes to advance each of the purposes referred to in section 2.1;

(b) the process the authority proposes to use to engage stakeholders to ensure that there are sufficient opportunities for stakeholders to provide to the authority advice and recommendations in relation to the strategic plan and the advancement of each of the purposes referred to in section 2.1;

(c) other matters the minister may require.

(5.1) The minister may require the authority to amend a strategic plan that is proposed or approved under subsection (5).

(5.2) In developing and implementing a strategic plan referred to in subsection (5), the authority must consult with

(a) industry stakeholders, and

(b) other stakeholders the minister may specify.

(6) The authority must submit to the minister, at the times specified by the minister and in a form approved by the minister,

(a) a report on the progress the authority has made in advancing each of the purposes referred to in section 2.1,

(b) a report on the progress the authority has made in carrying out the matters set out in a strategic plan approved under subsection (5), and

(c) other reports the minister may require.

(7) The authority must prepare financial statements in accordance with generally accepted accounting principles.

(8) The fiscal year end of the authority is March 31.

(9) The Minister of Finance is the fiscal agent of the authority.

(10) Subject to section 7 (2), money received by the authority from any source may be retained by the authority to be used and dealt with for its purposes.

No borrowing or deficit

7  (1) The authority must not borrow money without the prior approval of the minister and the Minister of Finance.

(2) The authority must not run a deficit without the prior approval of the minister and the Minister of Finance.

Part 3 — Industry Training and Apprenticeship

Powers of authority respecting training programs

8  (1) The authority may do one or more of the following:

(a) designate a training program, including a training program for a trade or an occupation, as a recognized program;

(b) recommend to the minister that a training program, including a training program for a trade or an occupation, be designated as an accredited program;

(c) develop programs of training and apprenticeship and program standards for the purposes of paragraphs (a) and (b);

(d) determine, and develop processes to determine, candidate eligibility for participation in industry training programs funded by the authority;

(e) develop examinations and assessment standards and procedures for industry training programs and for the recognition of training in another program or jurisdiction;

(f) develop criteria to award industry training credentials;

(g) award, or authorize training institutions and trainers to award, industry training credentials to trainees who complete industry training programs to attest to the trainee being qualified to practise the trade or occupation to which the industry training credentials relate;

(h) if satisfied that an individual has completed training or apprenticeship in another program or jurisdiction that is equivalent to completed training in an industry training program, award, or authorize a training institution or trainer to award, an industry training recognition credential to attest to the trainee being qualified to practise the trade or occupation to which the industry training recognition credential relates;

(i) establish standards, procedures and fees for examinations, assessments and services;

(j) set requirements for trainers funded by the authority to deliver industry training programs and conduct examinations and assessments of training and apprenticeship;

(k) with the approval of the minister, specify industry training program standards for accredited programs;

(l) establish processes for program review to ensure that prescribed standards and standards set by the authority are met for industry training programs and for examinations and assessments related to those programs;

(m) designate persons as trainers and define their duties;

(n) for cause, suspend or cancel an industry training credential or industry training recognition credential;

(o) enter into industry training agreements with trainees.

(2) With the prior approval of the minister, the authority may delegate one or more of its powers under subsection (1) (b) to (o) to a training institution or any other person.

Duties of authority respecting trainees

9  (1) In respect of trainees, the authority must do all of the following:

(a) maintain a register of trainees, industry training agreements and training records for trainees according to their category of training;

(b) if satisfied that an individual qualifies as a trainee and has paid any fees for registration as a trainee, register the individual as a trainee, or if not satisfied that the individual is entitled to be registered, inform the individual of the refusal, with written reasons;

(c) set and publish policies respecting continuing eligibility of trainees and the reasons for which the registration of individuals as trainees may be cancelled.

(2) If satisfied that an individual is no longer eligible under the policies of the authority or under the regulations to continue to be registered as a trainee, the authority may cancel the registration of the individual and, if the authority does so, it must inform the individual of the cancellation, with written reasons.

(3) If satisfied that a person has not met their obligations under an industry training agreement, the authority may revoke the agreement and cancel the registration of the agreement and, if the authority does so, it must inform the parties to the agreement of the cancellation, with written reasons.

Part 4 — Reconsiderations and Appeals

Appeal board established

10  (1) The Industry Training Appeal Board is established, consisting of the following members appointed after a merit-based process:

(a) a member appointed and designated as the chair by the Lieutenant Governor in Council;

(b) other members appointed by the Lieutenant Governor in Council after consultation with the chair.

(2) The following provisions of the Administrative Tribunals Act apply to the appeal board:

(a) Part 1 [Interpretation and Application];

(b) Part 2 [Appointments];

(c) Part 3 [Clustering];

(d) Part 8 [Immunities];

(e) section 59.1 [surveys];

(f) section 59.2 [reporting].

Reconsiderations and appeals

11  (1) An individual who is affected by any of the following decisions under this Act may request, within 30 days of receiving written notice of the decision, a reconsideration of the decision by the chief executive officer:

(a) a refusal by the authority to award an industry training credential or industry training recognition credential;

(b) the suspension or cancellation of an industry training credential or industry training recognition credential;

(c) a refusal to register an individual as a trainee;

(d) the cancellation of the registration of an individual as a trainee;

(e) the revocation of, or cancellation of the registration of, an industry training agreement.

(2) The chief executive officer may

(a) hear the request,

(b) delegate the hearing of the request to a senior officer of the authority or a senior officer of another authority, or

(c) refer the matter directly to the appeal board.

(3) The chief executive officer or person to whom the hearing is delegated under subsection (2) (b) may confirm or vary a decision referred to in subsection (1).

(4) An individual who is dissatisfied with a decision under subsection (3) may commence an appeal to the appeal board by filing a notice of appeal, in the form provided by the minister, within 30 days of receiving written notice of the decision being appealed.

(5) The appeal board, by order, may do one or more of the following in respect of an appeal under this section:

(a) dismiss the appeal;

(b) allow the appeal and give directions, if any, that the appeal board considers appropriate in the circumstances;

(c) vary the decision appealed from;

(d) set terms and conditions to which the order is subject.

(6) Sections 11 to 20, 22, 24 to 33, 34 (3) and (4), 35 to 42, 44, 46.2, 48 to 57, 58, 60 (1) (a) to (c) and (g) to (i) and (2) and 61 of the Administrative Tribunals Act apply to an appeal to the appeal board.

(7) The appeal board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under subsection (4) and to make any order permitted to be made.

(8) A decision or order of the appeal board on a matter in respect of which the appeal board has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Part 5 — General

Power to make regulations

12  (1) The minister may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(a) defining a word or phrase used but not defined in this Act;

(a.1) prescribing other purposes of the authority;

(b) designating a program as an accredited program;

(c) designating and defining industry training credentials to be awarded to participants in accredited programs;

(d) respecting the recognition by the authority of industry training credentials awarded to participants in training and apprenticeship programs in other jurisdictions;

(e) recognizing a credential awarded for a specified training or apprenticeship program in another province or other jurisdiction as equivalent to an industry training credential;

(f) directing that provisions of the Business Corporations Act apply to the authority;

(g) respecting the registration and reregistration of trainees;

(h) establishing the requirements for recognition of apprenticeship programs and the requirements for participation by trainees in those programs;

(i) respecting the terms and conditions to be included in industry training agreements and the conditions for registration and cancellation of industry training agreements.

Application of Offence Act

13  Section 5 of the Offence Act does not apply to this Act.

Application of Business Corporations Act to authority

14  The Business Corporations Act does not apply to the authority except to the extent provided in the regulations.

Transitional

15  (1) In this section:

"commission" means the Industry Training and Apprenticeship Commission under the former Act;

"former Act" means the Industry Training and Apprenticeship Act.

(2) On the coming into force of this Act, all of the following apply:

(a) subject to the regulations, an individual registered or enrolled in an industry training or apprenticeship program established by the commission under the former Act may continue in that program as if it were an industry training program established under this Act;

(b) apprenticeship agreements registered with the commission are continued as industry training agreements registered with the authority;

(c) credentials granted by the commission are continued as credentials awarded by the authority;

(d) exemptions granted by the commission are continued as exemptions granted by the authority;

(e) an appeal under the former Act is continued as an appeal under this Act.

(3) On the repeal of the former Act, the transitional board appointed under section 24.1 of the former Act is continued as the transitional board of the authority under this Act and the single member of the transitional board is the chief executive officer of the authority until the appointment of the chief executive officer under section 4 of this Act.

(4) This section is repealed on a date set by regulation of the Lieutenant Governor in Council.

Appropriation

16  The Minister may pay to the authority out of the consolidated revenue fund amounts not exceeding $78 438 000 over the period ending March 31, 2004.

Spent

17–23  [Consequential amendments and repeals. Spent. 2003-34-17 to 23.]

Commencement

24  This Act comes into force by regulation of the Lieutenant Governor in Council.