Qualifications of instructional staff
 41. (1) A private career college shall not employ a person to provide instruction in a vocational program unless, (a)  the person has one of the following qualifications: (i)  the person has at least 48 months of experience, acquired within the preceding 10 years, working in the vocation or teaching a program to prepare students for employment in the vocation, or a combination of the two, (ii)  the person has at least 24 months of experience, acquired within the preceding 10 years, working in the vocation or teaching a program to prepare students for employment in the vocation, or a combination of the two, and one of the educational qualifications described in subsection (2); and (b)  in the case of a vocation that is governed by a regulatory body that has prescribed qualifications for persons instructing students, the qualifications prescribed by the body.  O. Reg. 415/06, s. 41 (1); O. Reg. 466/16, s. 14. (2) A person referred to in subclause (1) (a) (ii) must have one of the following educational qualifications: (a)  The person holds a Bachelor degree from a university in Ontario or another post-secondary institution authorized to grant the degree under the Post-secondary Education Choice and Excellence Act, 2000 or under a special Act of the Assembly that establishes or governs the institution; (b)  The person holds a Bachelor degree from a university or other post-secondary institution in another province or territory of Canada or a degree from a university or post-secondary institution outside Canada that is equivalent to a Bachelor degree described in clause (a); (c)  The person is a graduate of a college of applied arts and technology established under an Act of the Assembly or of an equivalent institution outside Ontario; (d)  The person is a graduate of a private career college registered under the Act or a predecessor of the Act or of an equivalent institution outside Ontario; (e)  The person holds a certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021, and the certificate is not suspended, or an equivalent certificate issued under legislation of another province or territory of Canada.  O. Reg. 415/06, s. 41 (2); O. Reg. 428/12, s. 1; O. Reg. 881/21, s. 1. (3) Despite subsection (1), a private career college may employ a person who does not meet the requirements of subsection (1) as an instructor in a vocational program if the person is approved by the Superintendent for the purposes of providing instruction at the college.  O. Reg. 415/06, s. 41 (3). (4) The Superintendent shall approve the employment of a person as an instructor at a private career college under subsection (3) if, in the opinion of the Superintendent, the person is proficient in the vocation or in the subjects in which the person proposes to provide instruction.  O. Reg. 415/06, s. 41 (4). (5) Despite subsections (1) and (3), a private career college may employ persons as substitute instructors in a vocational program even though they do not meet the requirements of those subsections but in no case shall all such persons instruct for a temporary period that is, in the aggregate, in excess of 10 per cent of the program’s duration.  O. Reg. 415/06, s. 41 (5). (6) Despite subsections (1), (3) and (4), a person who is employed as an instructor in a vocational program at a private career college on the day this section comes into force may continue to teach the program if the person met the qualifications required under Regulation 939 of the Revised Regulations of Ontario, 1990 (General) immediately before that day.  O. Reg. 415/06, s. 41 (6).