jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “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”) “private career college” means a school or place at which instruction in the skill and knowledge requisite for employment in any vocation is offered or provided by classroom instruction or by correspondence, other than a college of applied arts and technology or a university established under any Act, a university for which a consent has been given by the Minister of Training, Colleges and Universities under section 4 of the Post-secondary Education Choice and Excellence Act, 2000 or a school or course of instruction maintained under any other Act of the Legislature; (“collège privé d’enseignement professionnel”) “regulations” means the regulations made under this Act; (“règlements”) “Superintendent” means the Superintendent of private career colleges appointed under this Act; (“surintendant”) “Tribunal” means the Licence Appeal Tribunal; (“Tribunal”) “vocation” means any vocation prescribed by the regulations. (“profession”) R.S.O. 1990, c. P.26, s. 1; 1999, c. 12, Sched. G, s. 32 (1, 2); 2002, c. 8, Sched. P, s. 4 (2-4).
Superintendent
2. (1) There shall be a Superintendent of private career colleges who shall be appointed by the Minister. R.S.O. 1990, c. P.26, s. 2 (1); 2000, c. 26, Sched. N, s. 2; 2002, c. 8, Sched. P, s. 4 (4). 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. R.S.O. 1990, c. P.26, s. 2 (2). 3. Repealed: 1999, c. 12, Sched. G, s. 32 (3).
Duties
3. Repealed: 1999, c. 12, Sched. G, s. 32 (3).
Registration required
4. (1) No person shall conduct or operate a private career college unless the person is registered by the Superintendent under this Act. R.S.O. 1990, c. P.26, s. 4 (1); 2002, c. 8, Sched. P, s. 4 (4). Expiration of registration (2) Every registration under this Act expires on the 31st day of December of the year in respect of which the registration is effected. R.S.O. 1990, c. P.26, s. 4 (2).
Registration of private career colleges
5. (1) An applicant is entitled to registration or renewal of registration by the Superintendent to conduct or operate a private career college and to be issued a certificate of registration except where, (a) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the private career college; (b) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on the private career college in accordance with law and with integrity and honesty; (c) the applicant is a corporation and, (i) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the conduct of the private career college, or (ii) the past conduct of its officers or directors affords reasonable grounds for belief that the private career college will not be carried on in accordance with law and with integrity and honesty; (d) it can reasonably be expected that the course or courses of study or the method of training offered by the private career college will not provide the skill and knowledge requisite for employment in the vocation or vocations for which the applicant is offering instruction; or (e) the applicant is carrying on activities that are, or will be, if the applicant is registered, in contravention of this Act or the regulations. R.S.O. 1990, c. P.26, s. 5 (1); 2002, c. 8, Sched. P, s. 4 (4). Conditions of registration (2) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are imposed by the Tribunal or prescribed by the regulations. R.S.O. 1990, c. P.26, s. 5 (2); 1999, c. 12, Sched. G, s. 32 (4). Registration not transferable (3) A registration is not transferable. R.S.O. 1990, c. P.26, s. 5 (3).
Refusal to register
6. (1) Subject to section 7, the Superintendent may refuse to register an applicant where in the Superintendent’s opinion the applicant is disentitled to registration under section 5. R.S.O. 1990, c. P.26, s. 6 (1). Revocation and refusal to renew (2) Subject to section 7, the Superintendent may refuse to renew or may suspend or revoke a registration for any reason that would disentitle the registrant to registration under section 5 if the registrant were an applicant, or where the registrant is in breach of a term or condition of the registration. R.S.O. 1990, c. P.26, s. 6 (2).
Continuance pending renewal
8. Repealed: 1999, c. 12, Sched. G, s. 32 (5).
Provisional suspension
9. Despite subsection 7 (9), the Superintendent, by notice to a registrant and without a hearing, may provisionally refuse renewal of or suspend registration of the registrant where in the Superintendent’s opinion it is necessary to do so for the immediate protection of the interests of the students of the private career college and the Superintendent so states in such notice giving his or her reasons therefor, and thereafter the provisions of section 7 apply as if the notice given under this section were a notice of a proposal to revoke the registration under subsection 7 (1). R.S.O. 1990, c. P.26, s. 9; 2002, c. 8, Sched. P, s. 4 (4).
Further applications
10. A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed. R.S.O. 1990, c. P.26, s. 10.
Appeal to court
11. (1) Any party to a hearing before the Tribunal may appeal from the decision of the Tribunal to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. P.26, s. 11 (1); 1999, c. 12, Sched. G, s. 32 (6). Minister entitled to be heard (2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. P.26, s. 11 (2). Record to be filed in court (3) The chair of the Tribunal shall certify to the Superior Court of Justice the record of the proceedings before the Tribunal which, together with a transcript of the evidence before the Tribunal if it is not part of the Tribunal’s record, shall constitute the record in the appeal. R.S.O. 1990, c. P.26, s. 11 (3); 1999, c. 12, Sched. G, s. 32 (6); 2006, c. 19, Sched. C, s. 1 (1). Powers of court on appeal (4) The Divisional Court may confirm or alter the decision of the Tribunal or direct the Superintendent to do any act he or she is authorized to do under this Act and as the court considers proper and the court may substitute its opinion for that of the Superintendent or the Tribunal. R.S.O. 1990, c. P.26, s. 11 (4); 1999, c. 12, Sched. G, s. 32 (6). Effect of decision of Tribunal pending disposal of appeal (5) Although an applicant or registrant has appealed under this section from a decision of the Tribunal, unless the Tribunal, or the Divisional Court upon an application, otherwise directs, the decision of the Tribunal is effective until the appeal is disposed of. R.S.O. 1990, c. P.26, s. 11 (5); 1999, c. 12, Sched. G, s. 32 (6).
Notice of material changes
12. Every private career college shall, within five days after the event, notify the Superintendent in writing of, (a) any change in its address for service; (b) any change in the officers or directors in the case of a corporation or of the members in the case of a partnership. R.S.O. 1990, c. P.26, s. 12; 2002, c. 8, Sched. P, s. 4 (4).
Inspection
13. (1) The Superintendent, or any person authorized by the Superintendent in writing, may inspect any private career college at any reasonable time to examine the operation thereof, to observe the method of instruction given therein or to inspect the books, records or other documents relating to the operation of the private career college including the inspection of any circulars, pamphlets or other material used for advertising the private career college. R.S.O. 1990, c. P.26, s. 13 (1); 2002, c. 8, Sched. P, s. 4 (4). Obstruction of inspector (2) No person shall obstruct the Superintendent or a person authorized to make an inspection under subsection (1) or withhold from such a person or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the inspection. R.S.O. 1990, c. P.26, s. 13 (2).
Goods or services of students not to be sold
14. No person who owns or operates a private career college shall sell or permit to be sold to the public, the goods or services of any student of the school. R.S.O. 1990, c. P.26, s. 14; 2002, c. 8, Sched. P, s. 4 (4).
Court proceedings
15. No person who owns or operates a private career college which is not registered under this Act is capable of maintaining any proceeding in any court in Ontario in respect of any contract made in whole or in part within Ontario, or against any person domiciled in Ontario, in the course of or in connection with the conduct or operation of the private career college. R.S.O. 1990, c. P.26, s. 15; 2002, c. 8, Sched. P, s. 4 (4).
Service
16. (1) Any notice or order required to be given, delivered or served under this Act or the regulations is sufficiently given, delivered or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at his last-known address. R.S.O. 1990, c. P.26, s. 16 (1). Idem (2) Where service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date. R.S.O. 1990, c. P.26, s. 16 (2).
Offences
17. (1) Every person who, (a) knowingly, furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; (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, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. P.26, s. 17 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $25,000 and not as provided therein. R.S.O. 1990, c. P.26, s. 17 (2). Limitation (3) 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. R.S.O. 1990, c. P.26, s. 17 (3). Idem (4) 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. R.S.O. 1990, c. P.26, s. 17 (4). Rescission of contract (5) Any person who enters into a written contract with a private career college in respect of a course or courses of instruction may rescind the contract by delivering a notice personally or by registered mail addressed to the private career college at the address shown in the contract within two days after the duplicate original copy of the contract first comes into the possession of the person and, where the contract is rescinded, the person shall immediately return any goods received under the contract and the private career college shall return any money received or realized in respect of the contract. R.S.O. 1990, c. P.26, s. 17 (5); 2002, c. 8, Sched. P, s. 4 (4).
Certificate as evidence
18. (1) A statement as to, (a) the registration or non-registration of any person; (b) the filing or non-filing of any document or material required or permitted to be filed with the Superintendent; (c) the time when the facts upon which proceedings are based first came to the knowledge of the Superintendent; (d) any other matter pertaining to such registration, non-registration, filing or non-filing, purporting to be certified by the Superintendent is, without proof of the office or signature of the Superintendent, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. P.26, s. 18 (1). Proof of Minister’s signature (2) Any document under this Act purporting to be signed by the Minister, or any certified copy thereof, is receivable in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the Minister without proof of the office or signature of the Minister. R.S.O. 1990, c. P.26, s. 18 (2).