REGISTRATION REVIEW REPORT. Apprenticeship Manitoba

Transcription

1 REGISTRATION REVIEW REPORT Apprenticeship Manitoba June 2011

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3 Table of Contents Introduction... 4 Overview and Context of Trades Certification... 4 Summary of Findings... 7 Fairness Commissioner s Recommendations Apprenticeship Manitoba's Action Plan Fairness Commissioner's Concurrence...16

4 Introduction The Manitoba Fairness Commissioner s Registration Review Report for Apprenticeship Manitoba is prepared for the Honourable Jennifer Howard, Minister of Labour and Immigration, in accordance with The Fair Registration Practices in Regulated Professions Act (the Act). The Miscellaneous Provisions section of the Act requires that the Minister conduct a review of government regulators. Specifically, Section 22(1) of the Act states that: Within two years after this section comes into force, the minister must review the criteria and processes used... (b) to certify persons under The Apprenticeship and Trades Qualifications Act 1... and consider whether any changes should be made respecting fair certification and registration practices, including legislative changes. In addition, section 22(2) of the Miscellaneous Provisions of the Act states that the minister must prepare a report on the review and make it available to the public. April 15, 2011 marks the second year anniversary of the Act s proclamation in The OMFC began a registration review with Apprenticeship Manitoba in the fall of Several meetings were held between OMFC and Apprenticeship Manitoba staff, with a completed Process Documentation Tool and Compliance Evaluation Report being provided to Apprenticeship Manitoba in March, We thank Apprenticeship Manitoba for its co-operation throughout the registration review process. In particular, we appreciate the time and effort of Mr. Scott Sinclair, Executive Director, and the Apprenticeship Manitoba staff, especially as our legal obligation to provide a timely report to the Minister of Labour and Immigration brought some urgency and tight timelines to the review. Overview and Context of Trades Certification Operating under the authority of The Apprenticeship and Certification Act, Apprenticeship Manitoba is responsible for apprenticeship training and certification for 52 designated trades. The Apprenticeship and Certification Board (Board) is responsible for designating trades and setting training and certification standards. Each designated trade in Manitoba is governed by a specific trade regulation under The Apprenticeship and Certification Act and the Apprenticeship and Certification General Regulation 154/ The Apprenticeship and Trades Qualifications Act is no longer in force. It was repealed on April 1, 2010 and The Apprenticeship and Certification Act was proclaimed. Registration Review Report Apprenticeship June 2011 Page 4 of 16

5 In Manitoba, 9 designated trades are compulsory or require certification to legally work as either a journeyperson or as a registered apprentice. The other 43 trades are voluntary; meaning that certification is legally recognized but not required to practice the trade. A journeyperson holds a Certificate of Qualification issued by Apprenticeship Manitoba. A registered apprentice refers to someone who has signed a formal apprenticeship training agreement with his or her employer and has registered that agreement with Apprenticeship Manitoba. Manitoba participates in the Interprovincial Standards Red Seal Program, which establishes common standards in skilled trades across Canada. Provinces and territories define and update inter-provincially recognized standards through the Canadian Council of Directors of Apprenticeship (CCDA). For Red Seal designated trades, the certification exams have been developed inter-provincially through the Red Seal Program. Manitoba has 41 trades designated with Red Seal status where certification is based on nationally recognized standards. Six of Manitoba s Red Seal trades are compulsory, the others are voluntary. Routes to Journeyperson Certification For all designated trades in Manitoba, there are two routes that an individual can take to certify as a journeyperson: 1. Trades Qualification An individual with training and work experience of sufficient scope, length and currency can challenge (write) a trade-specific certification exam. Eleven trades also require the successful completion of a practical competency exam. 2. Apprenticeship training As a registered apprentice, an individual completes several years of practical, on-the-job training, combined with in-school technical training and passing a trade-specific certification exam. Eleven trades also require the successful completion of a practical competency exam. For internationally trained tradespersons (ITTs), Trades Qualification (TQ) is the principal path to certification and consequently was the primary focus of this registration review. For those ITTs that do not meet the necessary requirements for Trades Qualification because of insufficient experience, currency or scope, Apprenticeship Manitoba gives credit for or recognizes qualifications that are evident and the option of a shortened apprenticeship program may be available. Registration Review Report Apprenticeship June 2011 Page 5 of 16

6 Supporting interprovincial mobility, Apprenticeship Manitoba also recognizes individuals with certification from other Canadian jurisdictions in trades of similar scope of practice. This is in addition to trades bearing a Red Seal designation. Trades Qualification Assessment and Certification Process For Apprenticeship Manitoba, the TQ assessment process begins with the applicant submitting an extensive application package Application Form, Work Experience Form, Trades Credential documentation, Employer Letters, possibly a Self- Declaration Letter and a $ Application Fee. Apprenticeship Manitoba assesses applications and usually within four to six weeks will inform the applicant in writing whether they are eligible to write a certification exam and in the case of some trades, a practical exam as well. Applicants seeking more information, help with their applications, or those that have been denied eligibility to challenge, may be referred to the Workplace Integration of Skilled Newcomers in the Trades (WISNIT). WISNIT is a partnership between Human Resources and Skills Development Canada (HRSDC) and the Province of Manitoba. Its function is to assist ITTs in the certification process for the designated trades. Applicants eligible to write a certification exam, receive an exam application package with their assessment result letter. From the date of their assessment result letter, individuals have up to a year to challenge the exam. Trades certification exams are four hours long and follow a multiple-choice format. A 70% score is required to pass. Three attempts are permitted, with upgrading required after the second failed challenge. Eleven trades also require the successful completion of a full day practical exam. Depending on the particular practical exam, applicants must show competence in most or all areas of the test. Apprenticeship Manitoba provides exam preparation supports and special accommodations are available for ITTs for certification exams; including interpreter, reader, English language dictionary and time extensions. In addition, exam preparation support is available at the Apprenticeship Workplace Essential Skills Training Centre (awest). In accordance with The Apprenticeship and Certification Act, a no-fee appeal process is available for applicants to contest decisions that deny certification or that certify subject to conditions. Fees include: $ Application; $ Exam Fee ($75.00 re-write); Practical Exam $ Registration Review Report Apprenticeship June 2011 Page 6 of 16

7 Summary of Findings The OMFC reviews regulatory practice systematically, following the Province s Qualification Recognition Process Model. To better identify the broad range of barriers for the fair and timely recognition of internationally educated professionals, the assessment and registration process is analyzed from the perspective of the applicant, as a set of key steps on the journey from pre-migration to labour market entry as a recognized professional. From this perspective, the OMFC s review of Apprenticeship Manitoba s certification process found: Little statistical information is available about ITT s participation in the Trades Qualification system. Pre-arrival information is available for ITTs to plan and prepare for certification pre-migration. The national Tradesinfo website, linked off Apprenticeship Manitoba s website, provides information about Canadian trades and a self-assessment tool so that ITTs can see how their skills and experience qualify them for certification. ITTs can apply and be assessed to challenge a trade s certification exam before immigrating. For well-informed, well-organized ITTs, this promotes timely certification. Apprenticeship Manitoba s website provides extensive information and has markedly improved over the last few years. Still, the sheer volume of the information, categories of trades, multiple qualification criteria, the variety of supports, all reflecting a complex system of certification and stakeholders, is daunting. The language, organization and appearance of material can be confusing and often is not sufficiently sensitive to the ITT audience. There is no dedicated section or landing page for ITTs that presents this maze of information in an easy-to-navigate, plainly written manner. Many ITTs struggle to understand how the system works. Dedicated front-line staff assist applicants to ensure their documentation and applications are complete. Qualification Assessors, responsible for the assessment of qualifications and work experience, are flexible with applicants and will request additional information and meetings. Those having difficulty documenting their qualifications are referred to WISNIT for assistance. Registration Review Report Apprenticeship June 2011 Page 7 of 16

8 National occupational analyses for the Red Seal trades, reviewed and updated by the CDDA every five years, ground both the criteria used in the assessment of an applicant s work experience (experience, currency and scope of practice) and the subject matter of the Red Seal endorsed TQ certification exams. Apprenticeship Manitoba provides detailed, written feedback for the assessment of an applicant s qualifications. Apprenticeship Manitoba provides a no-fee, formal appeal process for contested TQ eligibility assessment decisions. The appeal board is independent and provides timely, detailed, written reasons for unfavourable decisions. Applicants are advised of their right to appeal decisions both in the registration material and in their assessment results letter. Appeal information includes what can be appealed, how to make an appeal and the time-lines involved in the appeal process. The currency requirements, as outlined in the Apprenticeship and Certification General Regulation 154/2001, that define the need for an applicant s work experience to be recent, can pose a barrier for many ITTs out of practice as a result of transitioning into a new country and labour market. Upon being assessed as eligible, applicants have up to a year to challenge a TQ certification exam. For a variety of reasons, however, many ITTs need more than a year to be ready to challenge a certification exam. For ITTs that partially meet TQ eligibility requirements, there is an alternative route to certification by way of a shortened apprenticeship where limited recognition is granted for evident qualifications. More nearly eligible applicants are referred to WISNIT for the development of learning plans and are supported finding skilled employment to acquire the experience, scope or currency of qualifications needed for TQ eligibility. Despite this support, for many ITTs there remains a lack of gap training opportunities, by way of course work upgrading or skilled job opportunities. No limited scope of practice or conditional certification option is available. Apprenticeship Manitoba provides exam preparation resources for the more prominent, top 20, trades study booklists, library resources, Trades Qualification Learning Supports guidebook, a trades Terminology and Abbreviations dictionary, vocabulary card documents. Exam preparation support is also available through awest and WISNIT. Registration Review Report Apprenticeship June 2011 Page 8 of 16

9 While there are a variety of exam preparation supports available, it still may not be sufficient to fully meet needs. For some trades access to support, tools and study materials is less adequate. The use of multiple-choice certification exams can pose a barrier for ITTs unfamiliar with this style of testing. For 11 trades, practical exams are in place where ITTs can demonstrate their competence. Assessors for the practical exams are qualified and trained. There are no English language proficiency requirements for trade certification. However, several certification exams have been benchmarked and range between CLB 6 to CLB 8 in level. Many ITTs do not possess sufficient English language proficiency to study for and successfully write the certification exams. ITTs have access to several special accommodations for certification exams: interpreter, reader, English language dictionary and time extensions. Translators are allowed to aide ITTs, but cannot be technically competent in the trade of examination. Unfamiliarity with the vocabulary of a trade threatens the usefulness of this accommodation. While feedback for TQ certification exam results is provided, it is broken down into subject matter area too broad to usefully identify gaps and help candidates target future study. No partial credit is afforded to applicants for TQ certification exams. Even though they may have demonstrated competence in several subject areas, unsuccessful applicants must re-write the entire exam. Assessment fees and timelines are reasonable: $ for application, $ TQ Certification Exam Fee ($75.00 re-write) and $75.00 Practical Exam. Applications are assessed typically within four to six weeks and TQ certification exam results are provided in two to three weeks. ITTs have access to labour market integration support through the WISNIT project and awest agency. Registration Review Report Apprenticeship June 2011 Page 9 of 16

10 Fairness Commissioner s Recommendations Apprenticeship Manitoba s registration review identified a variety of fairness issues and challenges for the assessment and certification of ITTs. Below we have listed, in numbered form, all of the recommendations that have resulted from the identification of these issues. Many of the challenges identified in this registration review of the Trades Qualification certification process for ITTs concern issues that, in whole or in part, fall outside the full control and mandate of Apprenticeship Manitoba. The Fairness Commissioner s recommendations are presented mindful of Apprenticeship Manitoba s role and operating environment. The Fairness Commissioner recommends: Review: 1. That, first and foremost, Apprenticeship Manitoba reviews the participation rates of ITTs in the trades qualification process and the success rate for ITTs that do participate. This would involve: a review of trade-specific exam pass rates a review of the adequacy of exam preparation supports in place; a broader review of systemic, general and trade-specific barriers to participation in TQ; building on the work of the Apprenticeship Futures Commission and the Interdepartmental Working Group, a review of the initiatives, challenges and recommendations at hand. 2. That Apprenticeship Manitoba raise for review with the CCDA the Fairness Commissioner s counsel to: provide more detailed written results on certification exams; allow certified translators with technical content expertise; permit re-writes on the certification exams that only cover subject matter where applicants failed to demonstrate knowledge. 3. That the Apprenticeship and Certification Board review and consider the Fairness Commissioner s counsel to: consider limited scope of practice or conditional certification as a stepping stone to full, Red Seal certification, within the parameters of AIT; give consideration to greater flexibility around currency requirements. Registration Review Report Apprenticeship June 2011 Page 10 of 16

11 Inform: 4. That Apprenticeship Manitoba, working with support from the OMFC, reviews its website and continues to work toward evolving more ITT friendly information. This would include introducing information about WISNIT, appeal information about practical and written exams and the possibility of extensions for the one year window to challenge a certification exam. Support: 5. That Apprenticeship Manitoba continues to work toward providing more effective exam preparation resources. 6. That Apprenticeship Manitoba develops a Professional Practice Seminar for ITTs with support from the OMFC. Engage: 7. That Apprenticeship Manitoba implement a system to collect and report on ITT certification. The OMFC has developed data reporting requirements for the regulatory bodies subject to the Act and can provide support to implement an appropriate data collection system. 8. That Apprenticeship Manitoba engage the Adult Language Training Branch to review language proficiency issues for ITTs. Registration Review Report Apprenticeship June 2011 Page 11 of 16

12 Apprenticeship Manitoba s Action Plan In response to the Fairness Commissioner s recommendations: With regard to the call for review: 1. Apprenticeship Manitoba recognizes the need for a better understanding of the current state of ITT participation in the TQ process. We agree to work to systematically review the issues around trade-specific exam pass rates and other, broader issues facing ITT participation. There is a need to look at trade-specific participation issues. Apprenticeship Manitoba will establish a working group to continue this work and that of other stakeholders to better understand the current state of affairs and consider possible solutions. We welcome the support and participation from the OMFC. 2. Although outside of its decision making authority, Apprenticeship Manitoba agrees in principle with the Fairness Commissioner s recommendations to: provide more detailed written results on certification exams; allow certified translators with technical content expertise; recognize partial credit on certification exams, where re-writes only cover subject matter where applicants failed to demonstrate knowledge. It also commits to raising the Fairness Commissioner s recommendations with the CCDA. 3. Although outside of its decision making authority, Apprenticeship Manitoba agrees with the Fairness Commissioner s recommendation to give consideration to greater flexibility around currency requirements and commits to raising the Fairness Commissioner s recommendations with the Apprenticeship and Certification Board. With regard to the call to inform: 4. Apprenticeship Manitoba agrees to work to review and revise the website and information package for ITTs. This includes introducing information about WISNIT, appeal information about practical and written exams and the possibility of extensions for the one year window to challenge a certification exam. Apprenticeship Manitoba will rely on the support and expertise from OMFC in FY 11/12. Registration Review Report Apprenticeship June 2011 Page 12 of 16

13 With regard to the call to support: 5. Within its resources, Apprenticeship Manitoba agrees to continue to work to provide preparation support for ITTs. Apprenticeship Manitoba agrees to work jointly with the OMFC to develop a Professional Practice Seminar for ITTs. This work can begin in the FY 11/12. With regard to the call for engagement: 6. Apprenticeship Manitoba agrees to work with the OMFC to identify and share relevant ITT applicant data, consistent with the parameters of FIPPA legislation. Apprenticeship Manitoba also will avail OMFC support to implement a data reporting system that better captures information about the ITT certification process. This work can begin in the short term. 7. Apprenticeship Manitoba agrees to engage the Adult Language Training Branch review English language proficiency issues for ITTs. Further details and timelines for Apprenticeship Manitoba s Action Plan can be seen in the chart below: Action Plan Activity Establish a Working Group Timeline July & August 2011 In partnership with the OMFC, establish or reconvene a Working Group to develop a framework for the trade by trade review of ITT participation, barriers, performance and recommended solutions. Ensure that all recommendations dovetail with the broader implementation plan for the recommendations and service links as contained in the recently approved (March 2011) Integrated Service Delivery System Conceptual Model (ISDS). Review Integrated Service Delivery System (ISDS) Conceptual Model September - December 2011 Review of ISDS Conceptual Model, existing service delivery system, the recommendations and service links Registration Review Report Apprenticeship June 2011 Page 13 of 16

14 that contain proposed key enhancements for the existing system, along with proposed timelines. Review progress and implementation of existing service delivery systems of Labour and Immigration (LIM) and Employment Manitoba including the Centralized Registration and Orientation, Centralized Assessment and Referral (Language and Employment) and Employment Preparation Services, Integration Services and Adult Language Training. Review and evaluation of Holistic Project Development (currently underway), including WISNIT and Trades Bridging Program. Review original timelines recommended in report and establish new timelines as appropriate. Develop a Framework for Review: November 2011 Gather preliminary trade specific data on ITTs including number of immigrant and out of country TQ applicants and exam pass rates from Apprenticeship Certification and Information System (ACIS). This work will need to be done in tandem with Action Plan Item No. 7 to develop AM and partner agencies capacities to identify and share relevant ITT certification data. Conduct a review on a trade by trade basis of all tradesrelated study and learning supports, resources and text books, including materials designed to assist immigrant clients. Develop Recommendations February 2012 Develop an action plan that takes into consideration high demand trades for the immigrant population and provides a detailed account of progress to date on a trade by trade basis. Engage the Apprenticeship and Certification Board (the Board) in the review, refinement and approval of an action plan that may include the establishment of a Committee with a Terms of Reference to be approved by the Board under the Apprenticeship and Certification Act (s.13(1). Registration Review Report Apprenticeship June 2011 Page 14 of 16

15 Develop Framework for Implementation of Expanded Supports based on the review of the ISDS January April 2012 Based on the review and recommendations undertaken in Action Plan Item 1, an implementation plan will be developed. The implementation plan will contain an outline of all of the recommended trades-related study and learning supports, resources and text books that are specifically designed to assist immigrant clients and other materials that will be of assistance to immigrant clients (and the general target clientele). The implementation plan will build on the Support Services Tool Kit envisioned in the ISDS Conceptual Model and address key items in the proposed system. Approval of ISDS Conceptual Model Implementation Plan Review and approval of ISDS Conceptual Model Implementation Plan by Steering Committee representative of senior management in LIM, ETT and partner agencies. April 2012 Registration Review Report Apprenticeship June 2011 Page 15 of 16

16 Fairness Commissioner s Concurrence Apprenticeship Manitoba s Action Plan is a progressive, comprehensive response to the recommendations that resulted from the registration review. These actions will support the greater participation and recognition of ITTs and are consistent with The Fair Registration Practices in the Regulated Professions Act. Increasing the participation of ITTs in the Trades Qualification process and the apprenticeship process is an expressed priority of the provincial government and the Manitoba Apprenticeship and Certification Board. Leading by example, Apprenticeship Manitoba s commitment to the fair and efficient assessment of ITTs is evident in the variety of policies, practices and supports that have being put in place for ITTs. We truly appreciate Apprenticeship Manitoba s co-operation and openness during the registration review process and their continued willingness to work towards fairer, more effective certification practices for ITTs. Registration Review Report Apprenticeship June 2011 Page 16 of 16

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