d-8.3, r. 1 - Regulation respecting the accreditation of training bodies, training instructors and training services

Updated to 1 September 2012

This document has official status.

chapter D-8.3, r. 1

Regulation respecting the accreditation of training bodies, training instructors and training services

Act to promote workforce skills development and recognition

(chapter D-8.3, s. 20).

1. A legal person, including a non-profit organization, or a partnership wishing to be accredited as a training body for the purposes of the Act to promote workforce skills development and recognition (chapter D-8.3) must apply in writing to the Minister of Employment and Social Solidarity using the form provided, giving the following information:

(1)  its Québec business number assigned under section 37 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  (paragraph revoked)

(3)  the professional fields in which training will be provided;

(4)  the names of the training instructors, employees or contract workers, who are members of its personnel and, for each of them, his professional field and experience in such field, his training and experience as a training instructor.

If an application does not include the names of the training instructors, it must be accompanied by a statement by the representative authorized for this purpose in which the training body undertakes to provide training using only training instructors who have been accredited by the Minister.

O.C. 764-97, s. 1; O.C. 1061-2007, s. 1.

2. An applicant who satisfies the following conditions will be accredited by the Minister as a training body:

(1)  its training instructors, employees or contract workers, have an average experience of at least 3 years in each of the professional fields in which training will be provided;

(2)  each of its training instructors has either received a minimum of 135 hours of training in teaching methods, or has at least 250 hours of experience as a training instructor or has received a minimum of 90 hours of training in teaching methods and has at least 100 hours of experience as a training instructor.

O.C. 764-97, s. 2; O.C. 1061-2007, s. 2.

3. The Minister will accredit as a training instructor a natural person who submits an application in writing to the Minister using the form provided and who satisfies the following conditions:

(1)  has at least 3 years of experience in each professional field for which he seeks accreditation;

(2)  satisfies one of the conditions set out in paragraph 2 of section 2.

O.C. 764-97, s. 3; O.C. 1061-2007, s. 3.

4. The Minister is to accredit the training service of an employer subject to the provisions of Division I, chapter II of the Act if the Minister receives an application submitted in writing on the form provided and the following information and documents are included:

(1)  its address in Québec;

(2)  the name of the person responsible for the service;

(3)  (paragraph revoked);

(4)  information on the nature of the training activities carried out during the last year or on those planned at the time of the application;

(5)  a description of the skills and qualifications of the personnel of the service that enable it to fulfill its responsibilities.

O.C. 764-97, s. 4; O.C. 1061-2007, s. 4.

5. An accredited training service must demonstrate that it assumes or coordinates the following responsibilities:

(0.1)  identification of training needs;

(1)  preparation of specific training plans, design and programming of activities;

(2)  implementation of training activities for the personnel of the employer and provided by employees of the employer with the relevant skills or a supplier of material, equipment or software;

(3)  recognition of the successful completion of an internal training activity by a member of the personnel;

(4)  follow-up to training activities.

O.C. 764-97, s. 5; O.C. 1061-2007, s. 5.

6. (Revoked).

O.C. 764-97, s. 6; O.C. 1061-2007, s. 6.

7. Sections 4 and 5 apply, with the necessary modifications, to a multi-employer training service.

An application for accreditation from such a service must include the names and addresses of the employers to which it applies.

In this regulation, “multi-employer training service” means the administrative unit or legal person charged with organizing training for the personnel of employers belonging to a group identified with a common banner or a common trademark or a line of products or services.

O.C. 764-97, s. 7; O.C. 1061-2007, s. 7.

8. The accredited multi-employer training service of an employer belonging to one of the following groups can assume or coordinate activities relating to the training of the personnel of other employers belonging to such group with which it shares a common mission:

(1)  the Conseil du Trésor, a department or organization whose personel is appointed under the Public Service Act (chapter F-3.1.1) or any organization for which, by law, the Government sets or approves the working conditions or remuneration scales and standards of its employees;

(2)  the ministère de la Santé et des Services sociaux, an agency or an establishment covered by the Act respecting health services and social services (chapter S-4.2), a regional council or an establishment covered by the Act respecting health services and social services for Cree native persons (chapter S-5);

(3)  the ministère de l’Éducation, du Loisir et du Sport, a school board or educational institution covered by the Education Act (chapter I-13.3), a private educational institution covered by the Act respecting private education (chapter E-9), a general and vocational education college covered by the General and Vocational Colleges Act (chapter C-29) or a university level educational institution covered by the Act respecting educational institutions at the university level (chapter E-14.1);

(4)  the ministère des Affaires municipales, des Régions et de l’Occupation du territoire, a municipality, a metropolitan community or a regional county municipality.

O.C. 764-97, s. 8; O.C. 1061-2007, s. 8.

9. An accredited multi-employer training service covered by section 8 can provide training only by means of an employee with the relevant skills of the group to which it belongs.

A multi-employer training service of the group covered by paragraph 2 of section 8 can also provide training by means of a physician, a dentist or an optometrist.

O.C. 764-97, s. 9.

10. Accredited training bodies and training instructors must inform the Minister without delay of any change in the conditions to be satisfied for accreditation or in the information provided in their initial application for accreditation or in their application for renewal.

Unless it has filed the statement required by the second paragraph of section 1, the accredited training body must update the list of its personnel of training instructors, employees or contract workers.

O.C. 764-97, s. 10; O.C. 1061-2007, s. 9.

11. The accredited training body and accredited training instructor must fully honour contracts concluded with their clients.

O.C. 764-97, s. 11.

12. The accredited training body must ensure that any training it provides is given by a training instructor with the required experience and skill.

O.C. 764-97, s. 12.

13. The accredited training body can only provide training through its personnel of training instructors, employees or contract workers.

O.C. 764-97, s. 13.

14. The training provided by the accredited training service of an employer or by an accredited multi-employer training service must be provided solely by the personnel of such employer or of the employers mentioned in the accreditation, as the case may be. It can also be provided by the personnel of a supplier of material, equipment or software, provided the supply for which training is given is used by the personnel so trained.

O.C. 764-97, s. 14.

15. Sections 13 and 14 do not apply in the case of an eligible training activity within the meaning of the Regulation respecting eligible training expenditures (chapter D-8.3, r. 3) and held as part of a symposium, conference or seminar or any other activity organized in partnership with a recognized educational institution, accredited training body or accredited training instructor.

O.C. 764-97, s. 15.

16. The accredited training body and accredited training instructor issue a training attestation to each employee who successfully completes or participates in a training activity. Such attestation includes:

(1)  the name of the employer;

(2)  the name of the participant;

(3)  a brief description of the training activity;

(4)  confirmation of successful completion;

(5)  the length of the training activity;

(6)  the name of the accredited training body or accredited training instructor.

O.C. 764-97, s. 16; O.C. 1061-2007, s. 10.

17. An accredited training service, including an accredited multi-employer service, issues an attestation containing the information contained in section 16 to each employee who successfully completes or participates in a training activity. Such attestation is issued at least once a year and upon the employee’s departure.

O.C. 764-97, s. 17; O.C. 1061-2007, s. 10.

17.1. The holder of an accreditation must give to any participant who so requests a detailed statement of the content of the training provided to the participant in the last 24 months.

The first paragraph is applicable to training provided as of 1 January 2008.

O.C. 1061-2007, s. 11.

18. Accreditation cannot be assigned.

O.C. 764-97, s. 18.

19. The holder of an accreditation must display it in public view in his establishment.

O.C. 764-97, s. 19.

20. The Minister may suspend or revoke an accreditation if the Minister concludes that the conditions are no longer satisfied.

O.C. 764-97, s. 20; O.C. 1061-2007, s. 12.

21. An accreditation is valid for 2 years.

O.C. 764-97, s. 21.

22. The holder of an accreditation wishing to renew the accreditation must apply to the Minister in writing, using the form provided, at least 30 days before the accreditation expires.

Accreditation is renewed if the holder continues to satisfy the conditions stipulated for obtaining accreditation and if he has satisfied those imposed for the maintenance of accreditation.

O.C. 764-97, s. 22; O.C. 1061-2007, s. 13.

23. The fees for processing an application for accreditation or a renewal application are

(1)  for a training body: $550;

(2)  for a non-profit organization: $200;

(3)  for a training instructor: $300;

(4)  for a training service: $250;

(5)  for a multi-employer training service: $500.

O.C. 764-97, s. 23; O.C. 1061-2007, s. 14.

24. (Replaced).

O.C. 764-97, s. 24; O.C. 1061-2007, s. 14.

25. An application for accreditation for which the information required under this regulation is not complete 6 months after payment of the required fees will be rejected.

O.C. 764-97, s. 25.

26. (Omitted).

O.C. 764-97, s. 26.

REFERENCES

O.C. 764-97, 1997 G.O. 2, 2737

S.Q. 2005, c. 32, s. 309

O.C. 1061-2007, 2007 G.O. 2, 3681

S.Q. 2010, c. 7, s. 282