Retention and Payment of Fees
21. (1) Subject to section 16 and subsection 17 (5) of the Act, (a) where a person has contracted for a course of instruction at a private career college twenty-one days or more prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college at least twenty-one days prior to the commencement date of the course of instruction, of his or her intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person, except for the registration fee referred to in section 20; (b) where a person has contracted for a course of instruction at a private career college twenty-one days or more prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college less than twenty-one days prior to the commencement date of the course of instruction, of the person’s intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except, (i) the registration fee under section 20, and (ii) 10 per cent of the fees for the whole course of instruction; (c) where a person has contracted for a course of instruction at a private career college less than twenty-one days prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college at any time prior to the commencement date of the course of instruction, of the person’s intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except, (i) the registration fee under section 20, and (ii) 10 per cent of the fees for the whole course of instruction; (d) subject to subsection (4), where a person has contracted for a course of instruction at a private career college and gives notice in writing either delivered personally or by registered mail to the private career college after the commencement date of the course of instruction of the person’s intention to cease taking the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except, (i) the registration fee under section 20, (ii) the proportion of the fees for the course of instruction that the part of the course of instruction supplied and serviced up to the time of receipt of the notice bears to the course of instruction, and (iii) 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 up to the time of receipt of the notice bears to the course of instruction; and (e) where a private career college has supplied equipment to a person that is in addition to the integral and essential equipment supplied with the written material for a course of instruction and the private career college receives from the person a notice under clause (a), (b), (c) or (d), the private career college may make a charge not exceeding the retail cost to the private career college, for the additional equipment or for the use thereof, as the case may be, except where the person returns all the additional equipment to the private career college unopened or as issued, within ten days of the receipt of the additional equipment by the person. R.R.O. 1990, Reg. 939, s. 21 (1); O. Reg. 68/03, s. 1. (2) The maximum amount a private career college may retain under clause (1) (c) is $200. R.R.O. 1990, Reg. 939, s. 21 (2); O. Reg. 68/03, s. 1. (3) Where a private career college receives a proper notice under clause (1) (a), (b), (c) or (d), the private career college shall acknowledge receipt of the notice and provide the student with a statement of any money retained by the private career college. R.R.O. 1990, Reg. 939, s. 21 (3); O. Reg. 68/03, s. 1. (4) Where a private career college has supplied and serviced two-thirds or more of a course of instruction and has not received a proper notice under clause (1) (d) before that date, the private career college shall not be obliged to refund any money paid for or on account of the fees by or on behalf of a person who has contracted for such course of instruction. R.R.O. 1990, Reg. 939, s. 21 (4); O. Reg. 68/03, s. 1.