jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Regulation, “fees for the course of instruction” means the total cost of the course of instruction exclusive of the non-refundable registration fee; “part of the course of instruction supplied and serviced” means, (a) where the course of instruction is by correspondence, that part of the course of instruction that has been returned to the private career college for the purpose of being marked, or (b) where the course of instruction is not by correspondence, that part of the course of instruction that has been taught; “total cost of the course of instruction” means the amount payable by a student to a private career college in respect of a course of instruction offered by the private career college except for examination fees where such fees are separately prescribed in the contract for the course of instruction. R.R.O. 1990, Reg. 939, s. 1; O. Reg. 752/91, s. 1; O. Reg. 68/03, s. 1.
Definitions
1.1 For the purposes of this Regulation, each franchise or franchised career college shall be deemed to be a separate private career college. O. Reg. 752/91, s. 2; O. Reg. 68/03, s. 1. Application for Registration
Renewal
3. (1) An application for renewal of registration to conduct or operate a private career college shall set forth in detail any change proposed to be made in the facts set forth in previous applications for registration and renewal and shall be accompanied by a certified cheque, bank draft or money order payable to the Minister of Finance for the amount of the fees required by section 4. R.R.O. 1990, Reg. 939, s. 3 (1); O. Reg. 223/93, s. 2 (1). (2) Every applicant who applies for renewal of registration to conduct or operate a private career college shall forward the application and the fees required by section 4 to the Superintendent no later than December 30 immediately preceding the year for which renewal of registration is sought. O. Reg. 520/05, s. 1. (3) Every application for renewal shall be accompanied by such information as may be requested by the Superintendent. R.R.O. 1990, Reg. 939, s. 3 (3). Fees
Courses of Instruction
4.1 (1) A private career college shall not offer a course of instruction unless, when the last application for registration or renewal of registration was made by the person who conducts or operates the career college, a fee was paid in respect of the course under paragraph 2 of subsection 4 (2) or paragraph 1 of subsection 4 (4). O. Reg. 223/93, s. 3; O. Reg. 607/99, s. 2; O. Reg. 68/03, s. 1. (2) Subsection (1) does not apply if the course of instruction is approved by the Superintendent. O. Reg. 223/93, s. 3.
Courses of Instruction
4.2 (1) The Superintendent may require a private career college to submit to the Superintendent a report evaluating a course of instruction or proposed course of instruction at the career college. O. Reg. 223/93, s. 3; O. Reg. 68/03, s. 1. (2) The report shall be prepared at the career college’s expense by a person approved by the Superintendent. O. Reg. 223/93, s. 3; O. Reg. 68/03, s. 1. Instructional Staff
Instructional Staff
5. (1) No private career college shall employ a teacher at the private career college unless the teacher has submitted to the private career college a completed personal data in a form provided by the Superintendent. R.R.O. 1990, Reg. 939, s. 5 (1); O. Reg. 68/03, s. 1. (2) Every teacher at a private career college shall be twenty-one years of age or over and shall, (a) be the holder of a degree of Bachelor of Arts or Bachelor of Science from a Canadian university or a degree the equivalent thereto from a university other than a Canadian university and have twelve months actual occupational experience in the vocation or occupation for which instruction is to be given by such teacher; (b) be a graduate of a college of applied arts and technology established under the Ministry of Colleges and Universities Act and have twenty-four months actual occupational experience in the vocation or occupation for which instruction is to be given by such teacher; (c) be a graduate of a private career college registered under this Act or a predecessor of this Act and have twenty-four months actual occupational experience in the vocation or occupation for which instruction is to be given by such teacher; (d) be a graduate of a teachers’ college established under the Education Act and have twelve months actual occupational experience in the vocation or occupation for which instruction is to be given by such teacher; (e) have thirty-six months of teaching experience in the vocation or occupation for which instruction is to be given by such teacher; or (f) have forty-eight months actual occupational experience in the vocation or occupation for which instruction is to be given by such teacher. R.R.O. 1990, Reg. 939, s. 5 (2); O. Reg. 68/03, s. 1.
Instructional Staff
6. Despite subsection 5 (2), the Superintendent may approve the employment of any teacher at a private career college who in the opinion of the Superintendent is proficient in the subject or subjects which that person proposes to teach at the private career college or who in the opinion of the Superintendent is proficient in the vocation or occupation for which instruction is to be given by such teacher. R.R.O. 1990, Reg. 939, s. 6; O. Reg. 68/03, s. 1.
Instructional Staff
7. Revoked: O. Reg. 223/93, s. 5.
Instructional Staff
8. (1) Any appointment to the teaching staff of a private career college shall be reported forthwith in writing to the Superintendent by the private career college. R.R.O. 1990, Reg. 939, s. 8 (1); O. Reg. 223/93, s. 6; O. Reg. 68/03, s. 1. (2) No private career college shall change a course of instruction or the fee payable in respect thereof without first obtaining the approval of the Superintendent. R.R.O. 1990, Reg. 939, s. 8 (2); O. Reg. 68/03, s. 1. (3) Upon the request of the Superintendent, a private career college shall submit to the Superintendent an audited annual financial statement for the private career college prepared by a chartered accountant licensed under the Public Accountancy Act. R.R.O. 1990, Reg. 939, s. 8 (3); O. Reg. 68/03, s. 1. (4) The Superintendent may from time to time and at any time require a private career college to submit for review further information or other material respecting the operation of the private career college. R.R.O. 1990, Reg. 939, s. 8 (4); O. Reg. 68/03, s. 1.
Advertising
11. Every private career college shall have a post office address in Ontario. R.R.O. 1990, Reg. 939, s. 11; O. Reg. 68/03, s. 1.
Advertising
12. (1) No person shall publish by any means, or broadcast by radio or television, or cause to be published or broadcast, an advertisement relating to a private career college that by affirmative statement or illustration or by omission misleads or tends to mislead the public. R.R.O. 1990, Reg. 939, s. 12 (1); O. Reg. 68/03, s. 1. (2) No person shall publish by any means, or broadcast by radio or television, or cause to be published or broadcast, any advertisement relating to a private career college without first submitting the advertisement in duplicate to the Superintendent for approval. R.R.O. 1990, Reg. 939, s. 12 (2); O. Reg. 68/03, s. 1. (3) Every advertisement for a private career college shall include the name and post office address of the private career college. R.R.O. 1990, Reg. 939, s. 12 (3); O. Reg. 68/03, s. 1.
Advertising
13. No stationery or other printed matter, and no advertising of any kind, of or relating to a private career college shall refer to the Superintendent’s approval of the private career college or of any of its courses of instruction except by the use of the following words: “Registered and approved as a private career college under the Private Career Colleges Act”. R.R.O. 1990, Reg. 939, s. 13; O. Reg. 68/03, s. 1. Career College Management
Career College Management
14. (1) The registrant of a private career college shall display his or her certificate of registration in a conspicuous location at the entrance to the private career college or in some other location on the premises where it can be readily observed by the students and the public. R.R.O. 1990, Reg. 939, s. 14 (1); O. Reg. 68/03, s. 1. (2) The registrant of a private career college shall upon request make available to any student of the career college an up-to-date copy of this Regulation or a copy of sections 20, 21, 22, 24 and 25 of this Regulation. R.R.O. 1990, Reg. 939, s. 14 (2); O. Reg. 68/03, s. 1. (3) Where the registrant of a private career college is offering a course of instruction by correspondence, the registrant shall forward to each person who has contracted for such correspondence course a copy of the sheet or card referred to in subsection (2). R.R.O. 1990, Reg. 939, s. 14 (3); O. Reg. 68/03, s. 1.
Career College Management
15. Every private career college shall have an agent or manager in Ontario who has authority to accept or cancel contracts for the private career college and to repay or refund money paid by or on behalf of persons for or on account of fees. R.R.O. 1990, Reg. 939, s. 15; O. Reg. 68/03, s. 1. Sale of Courses
Sale of Courses
16. No registrant of a private career college and no salesperson of courses of instruction offered by a private career college or representative of a private career college shall either verbally or in writing guarantee or in any way promise a position to any student or prospective student of a private career college. R.R.O. 1990, Reg. 939, s. 16; O. Reg. 68/03, s. 1.
Sale of Courses
17. (1) Despite any provision contained in a contract in respect of a course of instruction at a private career college, the registrant of the private career college or a salesperson or representative of the private career college shall not retain any money paid for or on account of instruction given by the private career college where the registrant or a salesperson or representative of the private career college has made any false or misleading statement regarding any course of instruction offered by the private career college or regarding the nature of the contract, for the purpose of inducing the person who has paid the money to take a course of instruction or to enter into the contract, and all money so received shall be forthwith repaid to the person who has paid it, and the contract is void. R.R.O. 1990, Reg. 939, s. 17 (1); O. Reg. 68/03, s. 1. (2) Subject to subsection (3), where a registrant’s, (a) registration is cancelled; (b) renewal of registration has been refused and the registration has expired; or (c) application for renewal of registration has not been made and the registration has expired, the registrant shall, within thirty days next following the cancellation or expiry of registration, repay to each person who contracted for a course or courses of instruction, (d) the registration fee under section 20; and (e) the full amount paid for or on account of the fees by or on behalf of such person except the proportion of the fees for the course of instruction that the part of the course of instruction supplied and serviced up to the date of cancellation or expiry bears to the course of instruction. R.R.O. 1990, Reg. 939, s. 17 (2); O. Reg. 68/03, s. 1. (3) Where, (a) a person has contracted for a course of instruction at a private career college and the registration of the private career college is cancelled or expires before the course of instruction has been completed; (b) a course of instruction is offered by another registered private career college that is the same or similar to the course of instruction contracted by the person under clause (a); and (c) the person and the registrant of the private career college referred to in clause (a) agree in writing with the registrant of the registered private career college referred to in clause (b) that the person will complete his or her course of instruction at the registered private career college referred to in clause (b) at no additional cost to the person, the registrant referred to in subsection (2) is not required to repay any money to the person referred to in clause (a). R.R.O. 1990, Reg. 939, s. 17 (3); O. Reg. 68/03, s. 1.
Sale of Courses
18. (1) Every contract for a course of instruction at a private career college shall state the commencement date for the course of instruction, and every contract for a course of instruction by correspondence at a private career college shall also state a termination date for completion of the course. R.R.O. 1990, Reg. 939, s. 18 (1); O. Reg. 68/03, s. 1. (2) Except where part of the course of instruction has been supplied and serviced, where a commencement date for a course of instruction by way of correspondence is not stated in the contract, the contract is voidable at the option of the person. R.R.O. 1990, Reg. 939, s. 18 (2). (3) Except where part of the course has been supplied and serviced, where a commencement date for a course of instruction that is not by way of correspondence is not stated in the contract, the contract is voidable at the option of the person. R.R.O. 1990, Reg. 939, s. 18 (3). (4) A student may exercise his or her option under subsection (2) or (3) by giving notice in writing by registered mail to the private career college of the student’s intention to treat his or her contract with the private career college as void. R.R.O. 1990, Reg. 939, s. 18 (4); O. Reg. 68/03, s. 1.
Sale of Courses
19. Every contract for a course of instruction at a private career college shall set out either in the body of the contract or on a separate sheet that is annexed to and forms part of the contract, (a) a statement in bold face type that, (i) the private career college is prohibited by law from guaranteeing a position to any student or prospective student, and (ii) the contract is subject to the Private Career Colleges Act and the regulations made thereunder; and (b) sections 20, 21, 22, 24 and 25 or a statement in bold face type that where a student has contracted for a course of instruction and gives notice to the private career college of his or her intention to cancel the contract, the private career college is entitled to retain the registration fee and a proportion of the fees for the whole course of instruction as provided for by sections 20, 21, 22, 24 and 25 of the regulations made under the Private Career Colleges Act. R.R.O. 1990, Reg. 939, s. 19; O. Reg. 68/03, s. 1. Retention and Payment of Fees
Retention and Payment of Fees
20. A private career college may charge a registration fee that shall not exceed 100 per cent of the total cost of the course of instruction or $100, whichever is the lesser, and such registration fee shall be applied to the total cost of the course of instruction. R.R.O. 1990, Reg. 939, s. 20; O. Reg. 68/03, s. 1.
Retention and Payment of Fees
22. Where a person has contracted for a course at a private career college and does not give notice in writing by registered mail to the private career college prior to the commencement date of the course of instruction that is not by way of correspondence of the person’s intention not to commence the course of instruction and does not attend the first five consecutive days of the course of instruction, the contract is voidable at the option of the private career college, and the private career college shall refund any money paid for or on account of the fees by or on behalf of the person, except, (a) the registration fee provided for in section 20; and (b) 10 per cent of the fees for the course of instruction. R.R.O. 1990, Reg. 939, s. 22; O. Reg. 68/03, s. 1.
Retention and Payment of Fees
23. (1) Where a person has contracted for a course of instruction that is not by way of correspondence at a private career college and exercises his or her option to void the contract under section 18 prior to the date upon which the first class is held in respect of any subject of the course of instruction, the private career college shall, except as provided in clause 21 (1) (e), refund any money paid by or on behalf of the student for or on account of fees for the course of instruction, including the registration fee under section 20. R.R.O. 1990, Reg. 939, s. 23 (1); O. Reg. 68/03, s. 1. (2) Where a person has contracted for a course of instruction that is not by way of correspondence at a private career college and fails to exercise his or her option to void a contract under section 18 prior to the date upon which the first class is held, clauses 21 (1) (d) and (e) shall apply in respect of any subsequent exercise of the option even though the student may not have participated in the course of instruction, except that the owner of the private career college is not entitled to retain the registration fee under section 20. R.R.O. 1990, Reg. 939, s. 23 (2); O. Reg. 68/03, s. 1. (3) Where a person has contracted for a correspondence course at a private career college and exercises his or her option to void the contract under section 18 before returning a part of the course of instruction for the purpose of marking, and even though one or more lessons may have been delivered by the private career college to the person, the private career college shall, except as provided in clause 21 (1) (c), refund any money paid by or on behalf of the student for or on account of fees for the course of instruction including the registration fee under section 20. R.R.O. 1990, Reg. 939, s. 23 (3); O. Reg. 68/03, s. 1. (4) Where a person has contracted for a correspondence course at a private career college and exercises his or her option to void a contract under section 18 after part of the course of instruction has been supplied and serviced, clauses 21 (1) (d) and (e) shall apply except that the owner of the private career college is not entitled to retain the registration fee under section 20. R.R.O. 1990, Reg. 939, s. 23 (4); O. Reg. 68/03, s. 1.
Retention and Payment of Fees
24. Where a private career college is required to refund any money under sections 21, 22 or 23, the private career college shall refund the money to the person entitled within thirty days of the receipt by the private career college of the notice referred to in section 18, 21 or 22, as the case may be. R.R.O. 1990, Reg. 939, s. 24; O. Reg. 68/03, s. 1.
Retention and Payment of Fees
25. (1) Where a private career college has after the commencement date of a course of instruction dismissed a student due to academic failure, contravention of a career college regulation, misconduct or failure to pay the required fees under a written contract for a course of instruction and the private career college has satisfied the Superintendent that the dismissal was for good cause, the private career college shall refund any money paid for or on account of the fees by or on behalf of the student except, (a) the registration fee under section 20; (b) the proportion of the fees for the course of instruction that the part of the course of instruction supplied and serviced to the date of dismissal bears to the course of instruction; and (c) 10 per cent of the difference between the fees for the course of instruction and the proportion of the fees that the part of the course of instruction supplied and serviced to the date of dismissal bears to the course of instruction. R.R.O. 1990, Reg. 939, s. 25 (1); O. Reg. 68/03, s. 1. (2) Where a private career college has dismissed a student under subsection (1), the private career college may retain, in addition to the money referred to in subsection (1), an amount required to repair or replace any property of the private career college that has been damaged or destroyed as a direct result of the action or conduct of the dismissed student and the private career college has satisfied the Superintendent that such damage or destruction was caused by the wilful action of such student. R.R.O. 1990, Reg. 939, s. 25 (2); O. Reg. 68/03, s. 1. Vocations
Vocations
26. Each occupation included in the document entitled “National Occupational Classification, 2001 — Occupational Descriptions” published by Human Resources Development Canada is prescribed as a vocation for the purposes of the definition of “vocation” in section 1 of the Act. O. Reg. 68/03, s. 4. Exemptions
Exemptions
27. Where a vocation consisting of aircraft training is taught by an organization under the supervision of the Department of Transport of the Government of Canada, it is exempt from the operation of the Act and this Regulation. R.R.O. 1990, Reg. 939, s. 27.
Exemptions
28. A private career college conducted or operated by, (a) a religious organization; (b) a corporation without share capital incorporated under the laws of Canada or Ontario; or (c) a non-profit organization legally constituted under the laws of Canada or Ontario, and not operated for profit is exempt from the operation of the Act and this Regulation. R.R.O. 1990, Reg. 939, s. 28; O. Reg. 68/03, s. 1. Certificate and Diplomas