Trade of Esthetician Regulation

Trade of Esthetician Regulation, M.R. 146/2014 The Apprenticeship and Certification Act , C.C.S.M. c. A110 Regulation 146/2014 Registered May 13, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 General regulation applies 3 Designation — compulsory certification trade 4 Exclusions 5 Eligibility requirements for apprenticeship 6 Apprenticeship program 7 Repealed 8 Supervision 9 Certification examinations 9.1 Transition — valid authorization deemed certificate 10-13 Repealed 14 Temporary permits 15 Apprenticeship — exception re supervision 16 Repealed 17 Certificates and permits must be available on request 18 Cancellation or suspension of certificate, etc. 19 Repealed 20 Repeal 21 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Apprenticeship and Certification Act . («  Loi  ») "approved training program" means a training program that is approved by the executive director for the purposes of technical training in the trade or subcomponent trade and consists of at least the following number of hours: (a) 1,060, for the trade of esthetician; (b) 800, for the subcomponent trade of skin care technician; (c) 400, for the subcomponent trade of nail technician. (« programme de formation approuvé ») "esthetician" means a person who performs the tasks that comprise the subcomponent trades of nail technician and skin care technician to the standard indicated in the occupational analysis for the trade. (« esthéticien ») "general regulation" means the Apprenticeship and Certification — General Regulation , Manitoba Regulation 154/2001. (« règlement général ») "nail technician" means a person who performs the following tasks to the standard indicated in the Provincial Occupational Standard for the subcomponent trade of nail technician: (a) manicures and pedicures; (b) artificial nail applications; (c) repairs of natural and artificial nails. (« technicien en pose d'ongles ») "skin care technician" means a person who performs the following tasks to the standard indicated in the Provincial Occupational Standard for the subcomponent trade of skin care technician: (a) body treatments; (b) skin treatments; (c) advanced facial treatments; (d) hair removal; (e) tinting or henna services; (f) lifts, perms and lamination services in respect of eyelashes and eyebrow laminations; (g) eyelash or eyebrow extension services; (h) basic make-up applications. (« technicien en soins de la peau ») "subcomponent trade" means the subcomponent trades of nail technician and skin care technician. (« sous-catégorie du métier ») "trade" means the trade of esthetician. (« métier ») M.R. 162/2020 ; 97/2024 General regulation applies 2 The provisions, including the definitions, of the general regulation apply to the trade and the subcomponent trades, unless inconsistent with a provision of this regulation. Designation — compulsory certification trade 3 The trade of esthetician and the subcomponent trades of nail technician and skin care technician are designated as compulsory certification trades. Exclusions 4 A person is deemed not to be working in the trade or a subcomponent trade when (a) participating in a training program in the trade provided by a training provider; (b) demonstrating equipment or a product for the purpose of selling it; or (c) providing make-up services at a specific location for persons who work or perform at that specific location. Eligibility requirements for apprenticeship 5(1) To become an apprentice in the trade or a subcomponent trade a person must have (a) received a diploma from a Canadian secondary school or the equivalent in a non-Canadian jurisdiction; and (b) completed or be enrolled in an approved training program. Eligibility requirement for high school apprentices 5(2) Despite subsection (1), a person is eligible to become a high school apprentice in the trade or a subcomponent trade if the person is enrolled in an approved training program in their high school. M.R. 162/2020 Apprenticeship program 6(1) The apprenticeship program in the trade or subcomponent trade consists of (a) completing and attaining a satisfactory grade in an approved program; and (b) completing the term of apprenticeship specified in subsection (2). Term of apprenticeship 6(2) The term of apprenticeship (a) in the trade is two levels, with each level consisting of a period of at least 12 months during which the apprentice must complete 1,600 hours of practical experience; (b) in the subcomponent trade of skin care technician is one level consisting of a period of at least 12 months during which the apprentice must complete 1,100 hours of practical experience; and (c) in the subcomponent trade of nail technician is one level consisting of a period of at least 12 months during which the apprentice must complete 1,000 hours of practical experience. 7 [Repealed] M.R. 162/2020 Supervision 8(1) An employer must ensure that an apprentice listed in Column 1 of the following table is directly supervised by a journeyperson listed opposite in Column 2: Column 1 Column 2 Esthetician apprentice Journeyperson in the trade Nail technician apprentice Journeyperson in the trade Journeyperson in the subcomponent trade of nail technician Skin care technician Journeyperson in the trade Journeyperson in the subcomponent trade of skin care technician 8(2) A journeyperson in the trade must not supervise more than two apprentices, regardless of whether the apprentices are engaged in apprenticeship training in the trade or a subcomponent trade. 8(3) For certainty, an employer may maintain a 2:1 ratio of apprentices to journeypersons in the trade. M.R. 97/2024 Certification examinations 9 The certification examination for the trade and each subcomponent trade consists of a written provincial examination and a provincial practical examination. Transition — valid authorization deemed certificate 9.1 A person who holds a valid authorization to practise in the trade or a subcomponent trade on the day before this section comes into force is deemed to hold a valid certificate of qualification. M.R. 162/2020 10 to 13 [Repealed] M.R. 162/2020 Temporary permits 14(1) The executive director may issue a temporary permit in the trade or a subcomponent trade to a person who is (a) awaiting the opportunity to write a required examination; or (b) awaiting a decision of the executive director or an appeal board; (c) [repealed] M.R. 162/2020 . Application 14(2) To be issued a temporary permit, a person must file an application with the executive director. Duration 14(3) A temporary permit may not be issued for a period of more than six months. Renewal 14(4) A person holding a temporary permit may apply to have it renewed by filing an application for renewal with the executive director at least 30 days before their existing permit expires. M.R. 162/2020 ; 97/2024 Apprenticeship — exception re supervision 15(1) The executive director may register or continue an apprenticeship agreement despite a journeyperson not being available to supervise the practical experience of the apprentice if (a) the apprentice has completed and attained a satisfactory grade in all aspects of an approved training program; (b) the apprentice has attained a grade of at least 90% on the provincial practical examination for the trade or applicable subcomponent trade; and (c) the apprentice demonstrates to the satisfaction of the executive director that there is no journeyperson available in the community to supervise their practical experience. Timing of examinations 15(2) For the purpose of registering an apprenticeship agreement under this section, a person may apply to undertake the provincial practical examination before undertaking practical experience in the trade or subcomponent trade. M.R. 9/2015 ; 162/2020 16 [Repealed] M.R. 162/2020 ; 97/2024 Certificates and permits must be available on request 17 A person who is working in the trade or subcomponent trade must provide their valid certificate of qualification, temporary permit or proof of apprentice status for inspection upon request. M.R. 162/2020 ; 97/2024 Cancellation or suspension of certificate, etc. 18 The executive director may cancel or suspend a person's certificate or temporary permit if the executive director is of the opinion that the person is working the trade or subcomponent trade in contravention of the Act or any regulation made under the Act. M.R. 162/2020 ; 97/2024 19 [Repealed] M.R. 162/2020 Repeal 20 Trade of Esthetician Regulation , Manitoba Regulation 13/2007, is repealed. Coming into force 21 This regulation comes into force 90 days after the day it is registered under The Regulations Act .