jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2023, c. 9, Sched. 29, s. 2 (1)) “career college” means an educational institution or other institution, agency or entity that provides one or more vocational programs to students for a fee and pursuant to individual contracts with the students, but does not include, (a)  a college of applied arts and technology established under any Act, (b)  a university established under any Act, (c)  a school as defined in subsection 1 (1) of the Education Act, or (d)  a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class; (“collège d’enseignement professionnel”) “Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “private career college” means an educational institution or other institution, agency or entity that provides one or more vocational programs to students for a fee and pursuant to individual contracts with the students, but does not include, (a)  a college of applied arts and technology established under any Act, (b)  a university established under any Act, (c)  a school as defined in subsection 1 (1) of the Education Act, or (d)  Repealed:  2009, c. 33, Sched. 25, s. 5 (1). (e)  a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class; (“collège privé d’enseignement professionel”) Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, the definition of “private career college” in subsection 1 (1) of the Act is repealed. (See: 2023, c. 9, Sched. 29, s. 2 (2)) “registrant” means a person who is registered under this Act to operate a private career college, and “registered” and “registration” have corresponding meanings; (“inscrit”, “inscription”) “regulations” means the regulations made under this Act; (“règlements”) “Superintendent” means the Superintendent of private career colleges appointed under section 2; (“surintendant”) “Tribunal” means the Licence Appeal Tribunal; (“Tribunal”) “vocational program” means instruction in the skills and knowledge required in order to obtain employment in a prescribed vocation. (“programme de formation professionnelle”)  2005, c. 28, Sched. L, s. 1 (1); 2009, c. 33, Sched. 25, s. 5 (1). Interpretation re fees (2) In this Act, a reference to a fee in relation to a vocational program or charged by or paid to a private career college includes any fee charged by a private career college, including an application, administrative or tuition fee.  2005, c. 28, Sched. L, s. 1 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (1) - 15/12/2009 2023, c. 9, Sched. 29, s. 2 (1, 2), 10 (1, 2) - 01/01/2024 Part ii   Administration and financial matters
2 (1) There shall be a Superintendent of private career colleges who shall be appointed by the Minister.  2005, c. 28, Sched. L, s. 2 (1). Duties (2) The Superintendent may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act.  2005, c. 28, Sched. L, s. 2 (2). Delegation (3) Subject to the approval of the Minister, the Superintendent may delegate in writing any of his or her powers or duties under this Act to one or more persons employed in the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.  2009, c. 33, Sched. 25, s. 5 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (2) - 15/12/2009 2023, c. 9, Sched. 29, s. 10 (2) - 01/01/2024
3 (1) A fund to be known as the Training Completion Assurance Fund in English and Fonds d’assurance pour l’achèvement de la formation in French shall be established in accordance with the regulations.  2005, c. 28, Sched. L, s. 3 (1). Purpose of Fund (2) The purpose of the Fund is to ensure that in the event a private career college ceases to provide a vocational program in which students are enrolled, the students, (a)  will be given the opportunity to complete the vocational program as provided by another private career college or by another institution, agency or entity; or (b)  will receive a refund of that portion of the fees they paid in relation to the program for which they did not receive any instruction or other benefit.  2005, c. 28, Sched. L, s. 3 (2). Administration of Fund (3) The Fund shall be administered in accordance with the regulations.  2005, c. 28, Sched. L, s. 3 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 4 Repealed: 2020, c. 34, Sched. 21, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 21, s. 1 - 01/07/2021
5 (1) Private career colleges shall pay premiums and levies for the purposes of the Training Completion Assurance Fund in the amounts, on the terms and at the times determined in accordance with the regulations.  2005, c. 28, Sched. L, s. 5 (1). Same (2) Different classes of private career colleges may be required to pay different premiums and levies and to meet different terms in respect of the premiums and levies, in accordance with the regulations.  2005, c. 28, Sched. L, s. 5 (2). Payment (3) Every private career college shall remit the premiums and levies it is required to pay within 30 days of receiving a notice of a premium or levy in accordance with the regulations.  2005, c. 28, Sched. L, s. 5 (3). Failure to pay (4) If a private career college fails to pay a premium or levy within the required time, it may be charged interest on the amount of the premium or levy in accordance with the regulations.  2005, c. 28, Sched. L, s. 5 (4). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1, 2) - 01/01/2024
6 Every private career college shall comply with the regulations respecting the providing of security or other methods of protecting the financial interests of its students.  2005, c. 28, Sched. L, s. 6. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 Part III   Prohibitions
7 (1) No person shall operate a private career college unless the person is registered.  2005, c. 28, Sched. L, s. 7 (1). Holding oneself out (2) No person shall hold themself out as the operator of a private career college unless the person is registered.  2005, c. 28, Sched. L, s. 7 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
8 (1) No person shall offer or provide a vocational program for a fee unless the person is registered and the provision of the vocational program has been approved by the Superintendent.  2005, c. 28, Sched. L, s. 8 (1). Exception (2) Subsection (1) does not apply to, (a)  a college of applied arts and technology established under any Act; (b)  a university established under any Act; (c)  a school as defined in subsection 1 (1) of the Education Act; or (d)  Repealed:  2009, c. 33, Sched. 25, s. 5 (3). (e)  a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class.  2005, c. 28, Sched. L, s. 8 (2); 2009, c. 33, Sched. 25, s. 5 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (3) - 15/12/2009
9 (1) No person shall charge or collect a fee in relation to a vocational program unless the person is registered and the provision of the vocational program has been approved by the Superintendent.  2005, c. 28, Sched. L, s. 9 (1). Exception (2) Subsection (1) does not apply to, (a)  a college of applied arts and technology established under any Act; (b)  a university established under any Act; (c)  a school as defined in subsection 1 (1) of the Education Act; or (d)  Repealed:  2009, c. 33, Sched. 25, s. 5 (4). (e)  a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class.  2005, c. 28, Sched. L, s. 9 (2); 2009, c. 33, Sched. 25, s. 5 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (4) - 15/12/2009
10 No person shall grant to another person a credential or represent that a credential may be obtained from an educational institution or other institution, agency or entity unless the person is registered and both the provision of the vocational program leading to the credential and the granting of the credential have been approved by the Superintendent.  2010, c. 12, s. 16. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 16 - 08/06/2010
11 (1) Subject to the regulations, no person shall advertise a private career college or the establishment of a private career college unless the person is registered.  2005, c. 28, Sched. L, s. 11 (1). Same (2) Subject to the regulations, no person shall advertise the provision of a vocational program at a private career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent.  2005, c. 28, Sched. L, s. 11 (2). Soliciting students (3) No person shall solicit another person to enrol as a student in a vocational program provided by a private career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent.  2005, c. 28, Sched. L, s. 11 (3). Use of term (4) No person shall make use of the term “private career college” or any derivation or abbreviation of the term in any advertising relating to an educational institution or other institution, agency or entity unless the person is registered.  2005, c. 28, Sched. L, s. 11 (4). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 11 (4) of the Act is amended by adding “or “career college”” after ““private career college”” and by striking out “the term” and substituting “either term”. (See: 2023, c. 9, Sched. 29, s. 3) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 3, 10 (1) - 01/01/2024
12 (1) No action shall be brought against a student for a fee in relation to a vocational program unless the vocational program was provided by a private career college the operator of which is registered and the provision of the vocational program has been approved by the Superintendent.  2005, c. 28, Sched. L, s. 12 (1). Same (2) The court may stay any action described in subsection (1) upon motion.  2005, c. 28, Sched. L, s. 12 (2). Exception (3) Subsections (1) and (2) do not apply to, (a)  a college of applied arts and technology established under any Act; (b)  a university established under any Act; (c)  a school as defined in subsection 1 (1) of the Education Act; or (d)  Repealed:  2009, c. 33, Sched. 25, s. 5 (5). (e)  a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class.  2005, c. 28, Sched. L, s. 12 (3); 2009, c. 33, Sched. 25, s. 5 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (5) - 15/12/2009 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 Part iv   Registration
13 An application to be registered or to renew a registration shall be in a form approved by the Superintendent and shall contain such information as the Superintendent may require.  2005, c. 28, Sched. L, s. 13.
14 (1) The Superintendent shall register an applicant to operate a private career college and shall renew an applicant’s registration if the Superintendent is satisfied that, (a)  it is in the public interest to grant the registration or to renew the registration; (b)  the applicant will operate the private career college in compliance with this Act and the regulations; (c)  the vocational programs that are provided, or are proposed to be provided, by the private career college meet, or are likely to meet, the requirements of this Act and the regulations; (d)  having regard to the applicant’s financial position, the applicant can be expected to be financially responsible in the operation of the private career college; (e)  the past conduct of the applicant or, if the applicant is a corporation, of its officers and directors, provides grounds for the belief that the private career college will be operated in accordance with the law and with integrity and honesty; and (f)  the applicant is not carrying on activities that are, or will be, if the applicant is registered, in contravention of this Act or the regulations.  2005, c. 28, Sched. L, s. 14 (1). Criteria for public interest (2) In determining whether it is in the public interest to register a person or renew a registration under subsection (1), the Superintendent shall consider the prescribed criteria.  2005, c. 28, Sched. L, s. 14 (2). Several locations (3) If an applicant intends to provide a vocational program at more than one location, the Superintendent may register the applicant to operate one private career college at the several locations.  2005, c. 28, Sched. L, s. 14 (3). Certificate of registration (4) Upon registering a person to operate a private career college, the Superintendent shall issue a certificate of registration to the person.  2005, c. 28, Sched. L, s. 14 (4). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
15 (1) A registration or renewal of a registration may be made subject to conditions specified by the Superintendent or prescribed by regulation.  2005, c. 28, Sched. L, s. 15 (1). Changes to conditions (2) The Superintendent may at any time, at the written request of the registrant or on his or her own initiative, add a condition to a registration or change or remove a condition of a registration that he or she had previously specified.  2005, c. 28, Sched. L, s. 15 (2). Registrant to comply with conditions (3) The registrant shall operate the private career college in accordance with the conditions applicable to the registrant’s registration or renewal of registration.  2005, c. 28, Sched. L, s. 15 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
16 A registration is not transferable to another person.  2005, c. 28, Sched. L, s. 16.
17 (1) A registration or renewal of a registration shall be, (a)  for a term specified by the Superintendent in accordance with the regulations; or (b)  if there are no regulations governing the term, for a term of one year, unless otherwise specified by the Superintendent. 2019, c. 4, Sched. 10, s. 1. (2) Repealed: 2019, c. 4, Sched. 10, s. 1. Continuance pending renewal (3) If a registration expires after the application for renewal is made but before the Superintendent makes a decision with respect to the application for renewal, the registration shall continue, (a)  until the renewal is granted; or (b)  if the Superintendent proposes to refuse the renewal under section 18, (i)  until the time for requiring a hearing by the Tribunal under subsection 19 (3) expires, or (ii)  if a hearing is required, until the Tribunal makes its order.  2005, c. 28, Sched. L, s. 17 (3). Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 10, s. 1 - 03/04/2019
18 (1) Subject to section 19, the Superintendent may refuse to register an applicant if he or she is not satisfied that all of the requirements described in subsection 14 (1) are met.  2005, c. 28, Sched. L, s. 18 (1). Revocation, suspension, refusal to renew (2) Subject to section 19, the Superintendent may refuse to renew a registration or may suspend or revoke a registration if, (a)  the Superintendent believes that a requirement described in subsection 14 (1) is no longer met; (b)  the registrant has breached a condition of the registration; (c)  the registrant has failed to comply with a provision of this Act or the regulations; (d)  no students have enrolled in any vocational programs at the private career college for at least two successive periods of the college’s registration under this Act; or (e)  the registrant has failed to pay a penalty imposed by notice of contravention under section 39.  2005, c. 28, Sched. L, s. 18 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
20 (1) The Superintendent may suspend a registration immediately by giving the registrant a notice of immediate suspension if the Superintendent is of the opinion that it is necessary to do so, (a)  for the immediate protection of the interests of the students or prospective students of the private career college; or (b)  to prevent a contravention of an Act of the Legislature or of Canada.  2005, c. 28, Sched. L, s. 20 (1). Content of notice (2) A notice of immediate suspension shall set out, (a)  the reasons for the immediate suspension; (b)  any additional action described in subsection 19 (1) that the Superintendent proposes to take; and (c)  the right to require a hearing by the Tribunal if, within 15 days after service of the notice, the registrant gives written notice to that effect to the Superintendent and the Tribunal.  2005, c. 28, Sched. L, s. 20 (2). Hearing and appeal (3) Subsections 19 (3) and (5) to (13) apply with necessary modifications to an immediate suspension and subsections 19 (2) to (13) apply with necessary modifications to any additional action described in subsection 19 (1) that the Superintendent proposes to take.  2005, c. 28, Sched. L, s. 20 (3). Suspension immediate and not stayed by hearing (4) An immediate suspension is effective immediately upon giving the registrant the written notice of the suspension and is not stayed by a request for a hearing by the Tribunal.  2005, c. 28, Sched. L, s. 20 (4). Lifting of suspension (5) The Superintendent or the Tribunal may order that an immediate suspension be lifted upon being satisfied that the reasons for the suspension no longer exist.  2005, c. 28, Sched. L, s. 20 (5). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
21 (1) A person who is refused registration may reapply for registration at any time if the person satisfies the Superintendent that there has been a material change in the person’s circumstances.  2005, c. 28, Sched. L, s. 21 (1). Same (2) A person who is refused renewal of registration or the registration of which is revoked may reapply for registration if the person satisfies the Superintendent that there has been a material change in the person’s circumstances, but the person may not reapply for registration until two years have elapsed since the renewal was refused or the revocation took effect.  2005, c. 28, Sched. L, s. 21 (2).
22 A registrant may surrender the registrant’s registration at any time by giving the Superintendent written notice of the surrender accompanied by the certificate of registration.  2005, c. 28, Sched. L, s. 22. part v   approval of vocational programs
23 (1) It is a condition of every registration that the private career college only provide those vocational programs for which it has received the approval of the Superintendent under this section.  2005, c. 28, Sched. L, s. 23 (1). Same (2) An application for approval to provide a specified vocational program shall be in a form approved by the Superintendent and shall contain such information as the Superintendent may require.  2005, c. 28, Sched. L, s. 23 (2). Same (3) The Superintendent shall approve the provision of a specified vocational program by a private career college if the Superintendent is satisfied that, (a)  the program will provide the skills and knowledge required in order to obtain employment in a prescribed vocation; and (b)  the program is likely to meet the applicable standards and performance objectives set out in the Superintendent’s policy directives.  2005, c. 28, Sched. L, s. 23 (3). Conditions (4) The Superintendent may approve the provision of a specified vocational program by a private career college subject to such conditions as the Superintendent may specify and may, as a condition of the approval, specify performance indicators for the vocational program and standards and performance objectives that the vocational program must meet in addition to the performance indicators, standards and performance objectives set out in the Superintendent’s policy directives.  2005, c. 28, Sched. L, s. 23 (4). Duration of approval (5) Subject to a policy directive issued under clause 53 (1) (a), the approval to provide a specified vocational program shall be valid for a prescribed period or for a period determined in accordance with the regulations and may be renewed upon application.  2010, c. 12, s. 17 (1). Invalidity of approval (5.1) Where an approval is revoked as the result of a policy directive issued under clause 53 (1) (a), a private career college shall immediately submit an application for approval of the vocational program if it intends to continue providing the program.  2010, c. 12, s. 17 (1). Changes to vocational programs (6) A private career college shall not make a substantial change to a vocational program that it has been approved to provide without the further approval of the Superintendent.  2005, c. 28, Sched. L, s. 23 (6). Same (7) Subsections (2) to (5) apply with necessary modifications to the following: 1.  An application to renew an approval. 2.  An application for approval where an approval is revoked as the result of a policy directive issued under clause 53 (1) (a). 3.  An application for approval of a substantial change to a program.  2010, c. 12, s. 17 (2). Non-vocational programs (8) Nothing in this section affects the right of a private career college to provide programs that are not vocational programs.  2005, c. 28, Sched. L, s. 23 (8). Section Amendments with date in force (d/m/y) 2010, c. 12, s. 17 (1, 2) - 08/06/2010 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
24 (1) The Superintendent may revoke a private career college’s approval to provide a specified vocational program if the Superintendent believes that the program fails to meet the conditions of the approval or the applicable standards or performance objectives set out in the Superintendent’s policy directives.  2005, c. 28, Sched. L, s. 24 (1). Notice (2) The Superintendent shall give a registrant notice in writing of the revocation of approval.  2005, c. 28, Sched. L, s. 24 (2). Effective date (3) The revocation of approval is effective upon the registrant being served with the notice under subsection (2), or on such other date specified in the notice.  2005, c. 28, Sched. L, s. 24 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
25 (1) Upon approving the provision of a specified vocational program by a private career college, the Superintendent shall also approve the credential that the college may grant a student who successfully completes the program, in accordance with the policy directives issued by the Superintendent.  2005, c. 28, Sched. L, s. 25. Same, term (2) Subject to subsection (5), a college may grant a student the approved credential for successfully completing the program only if the program is completed during the period when the approval for the program is valid.  2010, c. 12, s. 18. Same, revocation by policy directive (3) Despite subsection (1), a policy directive issued under clause 53 (1) (b) may revoke an approval of a credential issued under this section.  2010, c. 12, s. 18. Same, reapplication for approval (4) Where an approval of a credential is revoked as the result of a policy directive issued under clause 53 (1) (b), a private career college shall immediately submit an application for approval of the credential if it intends to continue granting the credential.  2010, c. 12, s. 18. Same, exception (5) Despite the revocation of an approval of a credential as the result of a policy directive issued under clause 53 (1) (b), a student who is enrolled in a program at the time of the revocation is permitted to graduate and receive the credential associated with the program, unless one of the following applies: 1.  The policy directive revoking the approval introduces a new standard related to public health or public safety. 2.  The policy directive revoking the approval relates to a vocational program that is regulated by a third party and, i.  the third party changes the entry requirements necessary to practise the vocation, and ii.  the changes are such that unless the private career college adopts the requirements prescribed by the third party, graduates from the program would not meet the entry requirements to practise the vocation.  2010, c. 12, s. 18. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 18 - 08/06/2010 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
26 Every private career college shall make public, at the times and in the manner determined in accordance with the Superintendent’s policy directives, the information required by the policy directives relating to the performance indicators and performance objectives applicable to the college’s vocational programs.  2005, c. 28, Sched. L, s. 26. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 Part vi   Operation of Private Career Colleges Duties of Registrant
27 (1) Every registrant shall operate a private career college in accordance with this Act and the regulations.  2005, c. 28, Sched. L, s. 27 (1). Same (2) The registrant is responsible for complying with the obligations imposed on a private career college under this Act.  2005, c. 28, Sched. L, s. 27 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 Protection of Student Interests
28 (1) Every private career college shall ensure that each contract entered into by the college and a student for the provision of one or more vocational programs for a fee is in writing.  2005, c. 28, Sched. L, s. 28 (1). Copy to student (2) Every private career college shall give each student who has entered into such a contract with the college a copy of that student’s contract in accordance with the regulations.  2005, c. 28, Sched. L, s. 28 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
29 (1) Every private career college shall adopt a policy relating to the refund of fees paid by students to the college.  2005, c. 28, Sched. L, s. 29 (1). Content of policy (2) The fee refund policy shall include the prescribed provisions, including prescribed provisions respecting the refund of fees paid by international students.  2005, c. 28, Sched. L, s. 29 (2). Inclusion in contracts (3) The private career college shall include its fee refund policy in every contract entered into by the private career college and a student.  2005, c. 28, Sched. L, s. 29 (3). Definition (4) In this section, “international student” means an individual who applied for or received a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act
(Canada).  2005, c. 28, Sched. L, s. 29 (4). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
30 (1) Every private career college shall ensure that each of its students and former students has access to his or her transcripts for at least 25 years after the student terminates studies at the college.  2005, c. 28, Sched. L, s. 30 (1). Same (2) Every private career college shall follow the prescribed rules and practices to ensure that its students and former students have access to their transcripts.  2005, c. 28, Sched. L, s. 30 (2). Limitation (3) Subsections (1) and (2) only apply in respect of students who are enrolled in a private career college or who terminate studies at a private career college on or after the day this section comes into force.  2005, c. 28, Sched. L, s. 30 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
31 (1) Every private career college shall establish a procedure to resolve student complaints.  2005, c. 28, Sched. L, s. 31 (1). Content of procedure (2) The student complaint procedure shall include the prescribed procedures and rules.  2005, c. 28, Sched. L, s. 31 (2). Inclusion in contracts (3) The private career college shall include its student complaint procedure in every contract entered into by the private career college and a student.  2005, c. 28, Sched. L, s. 31 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
32 The private career college shall include the statement of students’ rights and responsibilities developed by the Superintendent under section 54 in every contract made between the private career college and a student.  2005, c. 28, Sched. L, s. 32. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
33 A private career college shall not advertise the college or any vocational programs offered or provided by the college or permit such an advertisement unless the advertisement complies with such standards as may be prescribed.  2005, c. 28, Sched. L, s. 33. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
34 (1) Every private career college shall, within five days after the event, notify the Superintendent in writing of, (a)  any change in, (i)  if the registrant for the college is a corporation, the officers or directors of the corporation, (ii)  if the registrant for the college is a partnership, the membership of the partnership; and (b)  any other prescribed change.  2005, c. 28, Sched. L, s. 34 (1). Same (2) Every private career college shall, at least 10 days before the event, notify the Superintendent in writing of, (a)  any proposed change in its address for service or in its legal or operating name; and (b)  any other proposed prescribed change.  2005, c. 28, Sched. L, s. 34 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
35 (1) A private career college shall not sell or permit the sale of the goods or services of a student of the college except as provided in subsections (2) and (3).  2005, c. 28, Sched. L, s. 35 (1). Same (2) A private career college may sell any goods produced or created by a student in the course of a vocational program provided by the college and may provide a student’s services to the public or arrange for the provision of such services to the public if the goods are produced or created or the services are provided in order to satisfy the occupational training and experience requirements of a vocational program.  2005, c. 28, Sched. L, s. 35 (2). No profit (3) The amount for which a student’s goods or services may be sold shall not exceed the amount of the following costs incurred by the private career college, as may be applicable: 1.  The costs of any materials or facilities provided by the college and used by the student in producing, creating or selling the goods. 2.  The costs of providing or arranging for the provision of the services to the public.  2005, c. 28, Sched. L, s. 35 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
36 (1) Any person who enters into a written contract with a private career college to receive instruction in a vocational program may rescind the contract by delivering a written notice of rescission to the private career college within two days after the person receives a copy of the contract as required by subsection 28 (2).  2005, c. 28, Sched. L, s. 36 (1). Address of private career college (2) A notice of rescission shall be delivered to the private career college at the address shown in the contract.  2005, c. 28, Sched. L, s. 36 (2). Return of goods and money (3) A person who delivers a notice of rescission shall immediately return any goods received under the contract and the private career college shall return any money received under the contract.  2005, c. 28, Sched. L, s. 36 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
37 (1) The Superintendent or his or her designate may at any time hold a meeting with the students and prospective students of a private career college to advise the students and prospective students of any issues affecting the college and of their rights under this Act.  2005, c. 28, Sched. L, s. 37 (1). Same (2) A meeting under subsection (1) may be held at any location specified by the Superintendent or his or her designate, including at the private career college and, in that case, the private career college shall permit the meeting to be held at the college.  2005, c. 28, Sched. L, s. 37 (2). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 part vii   Enforcement Inquiries and Examinations Inquiries and examinations
40 (1) If a person who is required to pay an administrative penalty under section 39 fails to pay the penalty within the time required under subsection 39 (7) or (11), the notice of contravention or the Minister’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.  2005, c. 28, Sched. L, s. 40 (1). Same (2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.  2005, c. 28, Sched. L, s. 40 (2).
41 An administrative penalty imposed under section 39 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such.  2005, c. 28, Sched. L, s. 41.
43 (1) A collector may exercise any of the powers specified in an authorization of the Superintendent under section 42.  2005, c. 28, Sched. L, s. 43 (1). Fees and disbursements part of order (2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 42 (2) shall be deemed to be owing under and shall be deemed to be added to the amount of the penalty set out in the notice of contravention.  2005, c. 28, Sched. L, s. 43 (2). Distribution of money collected (3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements.  2005, c. 28, Sched. L, s. 43 (3). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 43 of the Act is repealed. (See: 2023, c. 9, Sched. 29, s. 6) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 6 - 01/01/2024
44 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Superintendent.  2005, c. 28, Sched. L, s. 44 (1). Payment (2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 43 (3).  2005, c. 28, Sched. L, s. 44 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 44 of the Act is repealed. (See: 2023, c. 9, Sched. 29, s. 6) Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 6 - 01/01/2024
45 The Superintendent or a person designated by the Superintendent may issue a notice of contravention to a person under subsection 39 (1) even though an order has been made or may be made against the person under section 46 or 47 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention.  2005, c. 28, Sched. L, s. 45. Restraining and Compliance Orders
46 (1) If the Superintendent believes that a person has contravened this Act or the regulations, the Superintendent may order the person to restrain from contravening this Act or the regulations.  2005, c. 28, Sched. L, s. 46 (1). Same (2) If the Superintendent believes that a registrant has breached a condition of the registrant’s registration or has otherwise contravened or failed to comply with a provision of this Act or the regulations, the Superintendent may order the registrant to comply with the conditions of the registration or with the provisions of this Act or the regulations.  2005, c. 28, Sched. L, s. 46 (2).
47 (1) On the application of the Superintendent, a judge of the Superior Court of Justice may make an order to restrain a person from contravening this Act or the regulations if the court is satisfied that there are reasonable grounds to believe that the person has contravened or is likely to contravene this Act or the regulations.  2005, c. 28, Sched. L, s. 47 (1). Interim order (2) In a proceeding under subsection (1), a judge may, on application of the Superintendent, grant an interim order described in that subsection if the judge believes, based on the evidence before him or her, that it is in the public interest to do so.  2005, c. 28, Sched. L, s. 47 (2). Same (3) A judge may grant an interim order even though the Superintendent has not established that irreparable harm will be done if the order is not issued.  2005, c. 28, Sched. L, s. 47 (3). Same (4) A judge shall not require the Superintendent to post a bond or give an undertaking as to damages when granting an interim order.  2005, c. 28, Sched. L, s. 47 (4). Other means not a bar (5) An order may be granted under subsection (1) even though a notice of contravention has been or may be issued to the person under subsection 39 (1), an order has been or may be issued to the person under section 46 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention.  2005, c. 28, Sched. L, s. 47 (5). Offences
48 (1) Every person is guilty of an offence if the person, (a)  knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act; (b)  fails to comply with any order, direction or other requirement made under this Act; or (c)  contravenes any provision of this Act or the regulations.  2005, c. 28, Sched. L, s. 48 (1). Penalty (2) A person who is guilty of an offence under subsection (1) is liable on conviction, (a)  in the case of an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both; and (b)  in the case of a corporation, to a fine of not more than $250,000.  2005, c. 28, Sched. L, s. 48 (2); 2010, c. 12, s. 19. Officers and directors of corporation (3) Every director or officer of a corporation who knowingly concurs in the commission of an offence under subsection (1) by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.  2005, c. 28, Sched. L, s. 48 (3). Limitation (4) No proceeding under clause (1) (a) shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Superintendent.  2005, c. 28, Sched. L, s. 48 (4). Same (5) No proceeding under clause (1) (b) or (c) shall be commenced more than two years after the time when the subject-matter of the proceeding arose.  2005, c. 28, Sched. L, s. 48 (5). Section Amendments with date in force (d/m/y) 2010, c. 12, s. 19 - 08/06/2010 part viii   General Publication of information
50 (1) For the purpose of carrying out his or her responsibilities under this Act, the Superintendent may require a private career college or an applicant for registration to provide the Superintendent with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 2 of the Personal Information Protection and Electronic Documents Act (Canada),
in respect of students, officers, directors or employees of the private career college.  2005, c. 28, Sched. L, s. 50 (1). Limitation (2) The personal information in respect of students that may be required under subsection (1) shall be limited to students’ names, addresses, phone numbers and other contact information and shall be used only, (a)  for the purpose of contacting students to advise them of their rights under this Act, including the provisions respecting the protection of students’ financial interests; or (b)  Repealed: 2014, c. 11, Sched. 6, s. 7. (c)  for the purpose of determining whether the private career college has met the performance objectives applicable to its vocational programs under section 23.  2005, c. 28, Sched. L, s. 50 (2); 2014, c. 11, Sched. 6, s. 7. Consent to release of information (3) Every private career college shall include in every contract for the provision of a vocational program the prescribed wording for the student to consent, or to refuse to consent, to the release of his or her personal information as described in subsection (2) to the Superintendent for any or all of the purposes set out in that subsection.  2005, c. 28, Sched. L, s. 50 (3). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 6, s. 7 - 31/03/2015 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
52 (1) A statement of the Superintendent certifying any of the following facts is, without proof of the office or signature of the Superintendent, evidence of those facts in any action, prosecution or other proceeding: 1.  The registration or non-registration of any person. 2.  The filing or non-filing of any document or material required or permitted to be filed with the Superintendent under this Act. 3.  The time when any facts first came to the knowledge of the Superintendent or his or her designate. 4.  The approval given to a private career college to provide a specified vocational program or the revocation of such an approval. 5.  Any other matter pertaining to an application for registration or renewal, an application for approval to provide a specified vocational program, a registration or non-registration, an approval or non-approval, a filing or non-filing or conditions of a registration or approval.  2005, c. 28, Sched. L, s. 52 (1). Same, notice of contravention (2) A certificate of the Superintendent or Superintendent’s designate who issued a notice of contravention under subsection 39 (1) is evidence of its issuance, service of it on the person and the receipt of it by the person if, (a)  the certificate is accompanied by a copy of the notice that the Superintendent or designate certifies to be true; and (b)  the Superintendent or designate certifies that the notice was served on the person and sets out the method of service used.  2005, c. 28, Sched. L, s. 52 (2). Proof of Minister’s signature (3) Any document under this Act purporting to be signed by the Minister, or any certified copy of such document, is receivable in evidence in any action, prosecution or other proceeding without proof of the office or signature of the Minister.  2005, c. 28, Sched. L, s. 52 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024
54 The Superintendent shall develop a statement of students’ rights and responsibilities.  2005, c. 28, Sched. L, s. 54.
56 The Superintendent may approve forms for the purposes of this Act and provide for their use.  2005, c. 28, Sched. L, s. 56.
57 The Superintendent shall undertake a review of this Act and, by the seventh anniversary of the day this section comes into force, shall recommend to the Minister any amendment he or she believes will improve the effectiveness and administration of this Act.  2005, c. 28, Sched. L, s. 57. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, section 57 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 29, s. 8) Review of Act 57 Within five years after the day section 8 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, and at five-year intervals thereafter, the Superintendent shall conduct a review of this Act. 2023, c. 9, Sched. 29, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 8 - 01/01/2024
58 (1) A person that is registered under the Private Career Colleges Act
immediately before this section comes into force shall be deemed to be registered under this Act and shall be deemed to have the approval under this Act to provide any vocational program that it offers or provides on that day.  2005, c. 28, Sched. L, s. 58 (1). Same (2) Any bond provided by a private career college that has been declared forfeit before this section comes into force remains in effect in accordance with the terms and for the purposes specified under Private Career Colleges Act, as it read immediately before its repeal.  2005, c. 28, Sched. L, s. 58 (2). Same (3) A contract between a private career college and a student entered into before this section comes into force remains in effect.  2005, c. 28, Sched. L, s. 58 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024 59 Omitted (amends or repeals other Acts).  2005, c. 28, Sched. L, s. 59. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 29, s. 9) Transition, Private Career Colleges Act, 2005 59 A certificate of registration issued before the day section 9 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force is deemed to be a certificate of registration to operate a career college and the registrant shall be deemed to have the approval under this Act to provide any vocational program that it offers or provides on that day. 2023, c. 9, Sched. 29, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 9 - 01/01/2024 60 Omitted (amends or repeals other Acts).  2005, c. 28, Sched. L, s. 60. 61 Omitted (provides for coming into force of provisions of this Act).  2005, c. 28, Sched. L, s. 61. 62 Omitted (enacts short title of this Act).  2005, c. 28, Sched. L, s. 62. ______________  Français