During the probationary period, employers must ensure that trainees are supervised at all times and that the necessary conditions for learning are maintained.
The AMF expects employers The employer is the firm, independent partnership or independent representative registered with the AMF in the sector for which the trainee will be undertaking the probationary period.to support their supervisors, ensure that a trainee file is maintained and act promptly when an absence, change in supervision or any other situation may compromise an ongoing probationary period.
During the probationary period, you will need to:
- make certain that the trainee is supervised;
- ensure that the supervisors meet their obligations;
- make sure that a trainee file is established and kept up to date;
- take action if supervision is no longer being provided;
- request to have a supervisor added or removed prior to the change;
- apply to cancel the probationary period if the trainee is unable to complete the required number of hours before the maximum duration of the probationary period expires;
- inform the AMF if circumstances warrant.
Remunerating a trainee
During their probationary period, a trainee may receive:
- a salary;
- a commission; or
- a share of a commission.
However, the trainee will need to hold a valid probationary certificate
For purposes of the remuneration rules, the trainees will be treated the same way as a certified representative.
The applicable rules may be found in the Governance and Compliance Guide for Registrants (pdf - 25 MB)This link will open in a new windowUpdated on June 1st, 2021.
Your role with respect to the trainee file
As the employer, you will be required to ensure that the supervisor establishes a file for each trainee and keeps it up to date.
The trainee file will serve to:
- track tasks that have been completed;
- demonstrate the trainee’s progress;
- document meetings and follow-up;
- demonstrate supervision quality;
- support the recommendation submitted to the AMF; and
- demonstrate, including, but not limited to, during an inspection, that adequate coaching was provided.
The supervisor is responsible for maintaining and adding to the file, but the employer is responsible for retaining it. You must retain trainee files for five years from the date the probationary period is either:
- successfully completed, or
- discontinued
Trainee file templates for each sector are available in the Supervisors section.
The AMF may ask to see the trainee file, including, but not limited to, during an inspection.
Make sure the file is complete, up to date and accessible.
What to do if someone goes on vacation or is absent?
The duration of the probationary period is flexible to allow the trainee to take time off without having to notify the AMF.
However, such absences will not be included in the calculation of the required number of hours for the probationary period.. Such time off includes:
- vacation;
- sick days;
- statutory holidays;
- periods during which the trainee is working without supervision.
The trainee will not be allowed to carry out reserved professional acts while absent, but the supervisor will retain responsibility for supervising the trainee.
If a supervisor is absent
If a supervisor takes vacation or becomes temporarily unavailable and no other supervisor is designated, the trainee will have to cease to perform reserved professional acts.
To ensure continuity of supervision, you may designate as many as four supervisors. If a change is necessary, you will have to submit a Request to add or remove a supervisor prior to the change.
Adding or removing a supervisor
You will need to submit a Request to add or remove a supervisor prior to any change in supervision.
This request must be used to, among other things:
- remove a representative who has ceased to act as a supervisor and will not be returning during the probationary period;
- add a supervisor from the same sector class;
- replace a supervisor who is temporarily or permanently unavailable;
- correct a designation error;
- resolve a conflict of interest; and
- provide supervision continuity.
New supervisors must:
- comply with all regulatory requirements;
- be authorized by the AMF;
- await authorization before starting to supervise.
All supervisors who are added will be considered to have the trainee under their supervision and will therefore be required to meet the applicable criteria and obligations.
If you remove a supervisor, you will need to give the reason for their removal.
Cancelling a probationary period
You will have to submit an Application to cancel a probationary period if the trainee is unable to complete the required number of hours within the maximum duration.
This situation may result from:
- a lack of supervision;
- an extended absence;
- a disability;
- discontinuance of the probationary period; or
- any other situation that prevents the trainee from completing their probationary period.
The probationary period cannot be extended beyond the specified maximum duration.
The employer is responsible for promptly terminating the probationary period when it realizes that the trainee will not be able to satisfy the criteria enabling them to obtain their representative’s certificate.
The probationary period is a learning stage. Together with the supervisor, you will need to provide the trainee with the opportunity to develop their competencies and, where possible, implement the necessary supervision measures.
An occasional lapse by the trainee does not automatically mean the probationary period has to be cancelled.
End of the insightProbationary period checklist
During the probationary period, make sure that:
- the trainee has a valid probationary certificate;
- there is no lapse in supervision;
- supervisors fulfill their obligations;
- the trainee file is kept up to date;
- absences are considered in the calculation of the number of hours;
- no reserved professional acts are performed without supervision;
- a request to add or remove a supervisor is submitted before any change is made;
- an application to cancel a probationary period is submitted if the trainee is unable to complete the required number of hours within the maximum duration.
What to do after the probationary period
FAQs
Can the trainee be remunerated during the probationary period?
Yes, if they hold a valid probationary certificate.
Will the trainee’s vacation time be included in the calculation of the required number of hours?
No. Vacation, sick days and statutory holidays will not be included in the calculation of the required number of hours.
What if the supervisor becomes unavailable?
You will have to designate another supervisor and submit a request to the AMF prior to the change. Without an authorized supervisor, the trainee will be unable to perform reserved professional acts.
Can a probationary period be extended?
No. The probationary period cannot be extended beyond the expected maximum duration.
Can the start date of the probationary period be modified?
No. The start date indicated on the probationary certificate cannot be modified.