Acts and Regulations

P-16.1 - Private Occupational Training Act

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Current to 1 January 2024
CHAPTER P-16.1
Private Occupational Training Act
1996, c.71, s.1
Definitions
1In this Act
“Board” Repealed: 2016, c.28, s.165
“Corporation” Repealed: 2016, c.28, s.165
“equivalent training” means training in the same trade and to the same level of qualification as the training a student was to have received in an occupational training program;(formation équivalente)
“Fund” means the Training Completions Fund established under section 6.41;(Fonds)
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes persons designated by the Minister to act on the Minister’s behalf;(Ministre)
“occupational training program” means any course or program of study(programme de formation professionnelle)
(a) provided to a person
(i) to enhance that person’s employability in an occupation, or
(ii) to improve that person’s ability to carry out a present or future occupation, and
(b) for which tuition fees are paid to a training organization by the person or charged to a third party on the person’s behalf;
“student” means a person who has entered into or on whose behalf a third party has entered into a contract under section 6.2;(étudiant)
“training organization” means a person or an organization, whether incorporated or not, that provides or undertakes to provide an occupational training program; (organisme de formation)
“tuition fees” means the fees charged by a training organization to a person or to a third party on a person’s behalf for an occupational training program, excluding enrolment fees, registration fees, non-refundable deposits and the costs of materials and supplies.(frais de scolarité)
1969, c.20, s.1; 1982, c.3, s.76; 1985, c.4, s.66; 1986, c.8, s.125; 1992, c.2, s.60; 1996, c.71, s.2; 1998, c.41, s.96; 2000, c.26, s.250; 2001, c.23, s.1; 2006, c.16, s.142; 2007, c.10, s.80; 2016, c.28, s.165; 2017, c.63, s.49; 2019, c.2, s.114
Application of Act
1.1This Act does not apply to
(a) a chartered university in Canada,
(b) a course of study offered or provided by a department of the Government of Canada or of any province,
(b.1) a course of study offered or provided by the Collège communautaire du Nouveau-Brunswick (CCNB),
(b.2) a course of study offered or provided by the New Brunswick Community College (NBCC),
(c) a public school under any other Act of the Legislature,
(d) a person or an organization exempted by regulation from the definition “training organization”, or
(e) an occupational training program exempted by regulation.
1996, c.71, s.3; 2010, c.N-4.05, s.58
Person or organization to be registered
2No person or organization, whether incorporated or not, shall provide or undertake to provide an occupational training program unless that person or organization is registered under this Act.
1969, c.20, s.2; 1996, c.71, s.4
Person and training organization to be registered
3(1)No person shall
(a) act as an agent, representative or salesperson of a training organization, or
(b) canvass, receive, take or solicit contracts for the purchase or sale of an occupational training program,
unless that person and the training organization are registered under this Act.
3(2)No person shall act as a teacher or instructor of an occupational training program unless that person and the training organization are registered under this Act.
3(3)A person may act as a training assistant of an occupational training program without being registered under this Act if the training organization is registered under this Act.
1969, c.20, s.3; 1996, c.71, s.5; 2001, c.23, s.2
Application for registration or for renewal of registration
4An application for registration or for renewal of registration shall be made on a form provided by the Minister.
1969, c.20, s.4; 1996, c.71, s.6
Repealed
5Repealed: 1996, c.71, s.7
1969, c.20, s.5; 1996, c.71, s.7
Registration
6(1)On receipt of an application for registration or for renewal of registration, the Minister may register the applicant as one or more of the following:
(a) a training organization for the occupational training program or the occupational training programs specified in the training organization’s certificate of registration;
(b) an agent, representative or salesperson of a training organization;
(c) a teacher or instructor of an occupational training program.
6(2)Where the Minister registers an applicant under subsection (1), the Minister shall issue a certificate of registration accordingly.
6(3)A registration or renewal of registration under this Act expires on the date specified in the training organization’s certificate of registration, which date shall be one year from the date of registration or renewal of registration.
1969, c.20, s.6; 1996, c.71, s.8
Confidentiality
6.1The curriculum and the financial statements of a training organization obtained under this Act by the Minister are confidential and shall not be disclosed, or permitted to be disclosed, by the Minister unless
(a) the training organization from which the curriculum or the financial statements were obtained or to which the curriculum or the financial statements relate consents in writing to the disclosure,
(b) the disclosure is for purposes of the prosecution of an offence under this Act or the regulations, or
(c) the disclosure is required for purposes of an investigation under section 7.
1996, c.71, s.9; 2001, c.23, s.3
Contracts
6.2Before the commencement of an occupational training program, the training organization providing the occupational training program, or an agent, representative or salesperson of the training organization, and the person to whom the occupational training program is to be provided, or a third party on that person’s behalf, shall enter into a contract in relation to the occupational training program.
1996, c.71, s.9
Repealed
6.3Repealed: 2016, c.28, s.166
1996, c.71, s.9; 2016, c.28, s.166
Repealed
6.4Repealed: 2016, c.28, s.167
1996, c.71, s.9; 2001, c.23, s.4; 2016, c.28, s.167
Training Completions Fund
6.41(1)There is established a trust fund to be known as the Training Completions Fund.
6.41(2)The Fund shall consist of
(a) money remitted for deposit to the credit of the Fund under subsection (8), paragraph 6.6(2)(b) and subsection 8(2),
(b) a loan provided to the Fund by the Minister under section 6.5,
(c) any interest arising from the investment of money in the Fund, and
(d) any other source of revenue as may be prescribed by regulation.
6.41(3)The Fund shall be administered by the Minister and shall be held in trust for the purposes of this Act in a separate account in the Consolidated Fund.
6.41(4)The Minister shall not invest the money in the Fund other than in the manner authorized by the Trustees Act.
6.41(5)The purposes of the Fund are
(a) to provide compensation to a student, or a third party who has paid tuition fees on behalf of a student, if a training organization fails to provide, to completion, the occupational training program for which the tuition fees have been paid,
(b) to provide compensation to a student, or a third party who has paid tuition fees on behalf of a student, if the contract entered into with a training organization, or an agent, representative or salesperson of the training organization, by or on behalf of the student is rescinded in accordance with the regulation and the training organization fails to refund money repayable under the regulation,
(c) to pay the costs of an audit of the accounts of the Fund under subsection (12), and
(d) to carry out any other purposes as may be prescribed by regulation.
6.41(6)Payments for the purposes of subsection (5) shall be a charge on and payable out of the Fund.
6.41(7)The Minister shall, in a case within paragraph (5)(a),
(a) pay for the student to complete equivalent training with another training organization, or
(b) refund the student, or the third party who paid the tuition fees on the student’s behalf,
(i) the tuition fees for the last academic year for which tuition fees were paid, and
(ii) any reasonable accommodation costs paid by the student or the third party as may be determined by the Minister.
6.41(8)If the Minister provides compensation under paragraph (5)(b), the training organization that failed to refund money repayable under the regulation shall, within 30 days after being requested by the Minister to do so, remit to the Minister for deposit to the credit of the Fund the money that the training organization failed to refund under the regulation.
6.41(9)Despite any other provision of this section,
(a) no compensation shall be provided under paragraph (5)(a) or (b) to a student or a third party referred to in paragraph (5)(a) or (b) if the training organization has not charged and collected from the student or the third party the student protection fee required under section 6.6, and
(b) if there is insufficient money in the Fund to provide compensation in a case within paragraph (5)(a) or (b), the compensation provided shall
(i) not exceed the amount of money in the Fund, and
(ii) be provided on a proportional basis.
6.41(10)The fiscal year of the Fund is the period commencing on April 1 in one year and ending on March 31 in the next year.
6.41(11)For each fiscal year the Minister shall prepare financial statements of the Fund.
6.41(12)The accounts and transactions of the Fund shall be audited annually by an auditor appointed for that purpose.
6.41(13)Within six months after the end of the fiscal year, each year the Minister shall submit to the Lieutenant-Governor in Council for information purposes a copy of the audited financial statements of the Fund for that fiscal year.
6.41(14)Within three months after a copy of the audited financial statements has been submitted under subsection (13), the Minister shall table the audited financial statements in the Legislative Assembly if it is then sitting or, if it is not then sitting, with the Clerk of the Legislative Assembly.
2016, c.28, s.168
Loan to Fund
6.5(1)The Minister, with the approval of the Lieutenant-Governor in Council, may make a loan to the Fund for the purposes of section 6.41.
6.5(2)A loan under subsection (1) shall
(a) be in accordance with the terms and conditions specified by the Minister or specified in the approval of the Lieutenant-Governor in Council, and
(b) be deposited by the Minister to the credit of the Fund.
1996, c.71, s.9; 2016, c.28, s.169
Source of Fund
6.6(1)Before the commencement of an occupational training program, the training organization providing the occupational training program shall charge and collect from each student enrolled in the occupational training program, or a third party on the student’s behalf, a student protection fee determined in accordance with the regulations.
6.6(2)Within fifteen days after the commencement of an occupational training program, the training organization providing the occupational training program shall
(a) provide to the Minister a student list on a form provided by the Minister, and
(b) remit to the Minister for deposit to the credit of the Fund all of the student protection fees that the training organization is required to charge and collect under subsection (1).
1996, c.71, s.9; 2001, c.23, s.5; 2016, c.28, s.170
Application for compensation
6.7(1)A student or a third party who has paid tuition fees on a student’s behalf may apply to the Minister, on a form provided by the Minister, for compensation under paragraph 6.41(5)(a) or (b).
6.7(2)The Minister may require from a student or a third party who has applied to the Minister for compensation under paragraph 6.41(5)(a) or (b) the information the Minister considers necessary to support the application.
1996, c.71, s.9; 2016, c.28, s.171
Inspection of training organization
7(1)The Minister may, at any reasonable time, enter the premises used by a training organization
(a) to observe the method of instruction given in the occupational training program,
(b) to inspect the premises and equipment used by the training organization, the business books and records of the training organization and all circulars, pamphlets and other materials used for instruction or for advertising the training organization, and
(c) to determine the degree of compliance with this Act and the regulations.
7(2)For the purposes of an inspection under paragraph (1)(b), the Minister may require from a training organization the production of the business books and records of the training organization and all circulars, pamphlets and other materials used for instruction or for advertising the training organization.
1969, c.20, s.7; 1996, c.71, s.10; 2001, c.23, s.6
Power of Minister
8(1)If the Minister is satisfied that a training organization, agent, representative, salesperson, teacher or instructor registered under this Act has failed to comply with any provision of this Act or the regulations, the Minister may do any or all of the following:
(a) cancel the registration of the training organization, agent, representative, salesperson, teacher or instructor, as the case may be;
(b) realize or negotiate any security provided by the training organization, agent, representative or salesperson, as the case may be;
(c) require that any tuition fees paid in advance be refunded.
8(2)If the Minister acts under paragraph (1)(b), the Minister shall deposit the proceeds of the security, in an amount not greater than the amount of compensation provided under paragraph 6.41(5)(a) or (b), to the credit of the Fund.
1969, c.20, s.8; 1996, c.71, s.11; 2016, c.28, s.172
Offences and penalty
9(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
9(2)A person who violates or fails to comply with section 2 or subsection 3(1) or 3(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1969, c.20, s.9; 1990, c.61, s.139
Actions by and against training organization
10(1)No training organization shall maintain any action or other proceeding in any court in the Province on any contract in relation to an occupational training program provided by the training organization unless the training organization is registered under this Act for that occupational training program.
10(2)No training organization shall charge or collect any tuition fees or other fees from a person, or a third party on a person’s behalf, in relation to an occupational training program provided by the training organization unless the training organization is registered under this Act for that occupational training program.
10(3)Where a training organization violates subsection (2), the training organization shall, within five days after receipt of a written request from the person who paid the tuition fees or other fees, or from the third party who paid the tuition fees or other fees on the person’s behalf, refund to that person or that third party, as the case may be, any tuition fees and other fees paid.
10(4)The amount of a refund owing under subsection (3) constitutes a debt due by the training organization to the person who paid the fees, or to the third party who paid the fees on the person’s behalf, as the case may be, and may be recovered as a debt in any court of competent jurisdiction.
10(5)A document signed by the Minister, or bearing a signature purporting to be that of the Minister, stating that on the date specified in the document a training organization was not registered under this Act for the occupational training program specified in the document may be adduced in evidence without proof of the appointment or signature of the Minister, and when so adduced is, in the absence of evidence to the contrary, proof of the matters stated in the document.
1969, c.20, s.10; 1996, c.71, s.12
Designates of the Minister
10.1The Minister may designate persons to act on the Minister’s behalf.
1996, c.71, s.13
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) respecting the security to be provided by a training organization for the due performance of contracts entered into by the training organization and respecting the forfeiture of such security, which regulations may apply to all training organizations or any class of training organizations;
(b) respecting the security to be provided by an agent, representative or salesperson of a training organization for the due accounting by the agent, representative or salesperson of deposits or money received on behalf of a training organization and the due performance of the contracts of the training organization and respecting the forfeiture of such security, which regulations may apply to the agents, representatives or salespersons of all training organizations or to the agents, representatives or salespersons of any class of training organizations;
(c) respecting the terms and conditions on which tuition fees may be collected;
(d) respecting the terms and conditions on which money paid for or on account of instruction by a training organization shall be either retained by the payee or be repayable to the payer;
(e) respecting the amount that may be asked, charged or received from the public for any article produced entirely or in part in an occupational training program, or for the material used by or for the services of any employee or student of a training organization;
(f) limiting the amount of articles, goods or commodities produced by students enrolled in an occupational training program so that the training organization providing the occupational training program may not compete unfairly with the production of similar articles, goods or commodities in any factory or shop;
(g) designating any calling or vocation as an occupation within the meaning of this Act;
(h) respecting the registration of training organizations, agents, representatives, salespersons, teachers or instructors under this Act, and the renewal, suspension and cancellation of such registrations;
(i) respecting fees for the purposes of this Act and the regulations;
(j) respecting forms for the purposes of this Act and the regulations;
(k) respecting the selling, advertising and offering for sale of any occupational training program offered by a training organization and prohibiting any selling, advertising or offering for sale not in conformity with the regulations;
(l) respecting the terms, conditions and method upon which agents, representatives and salespersons may be employed and registered;
(m) respecting contracts for the purposes of section 6.2;
(n) Repealed: 2016, c.28, s.173
(o) Repealed: 2016, c.28, s.173
(p) prescribing other sources of revenue of the Fund;
(q) prescribing other purposes for which the Fund may be used;
(r) respecting the determination of the student protection fee for the purposes of subsection 6.6(1);
(s) prescribing the procedure to be followed in rescinding contracts before completion which will provide fair protection to the training organization and the student;
(s.1) defining training assistant for the purposes of subsection 3(3);
(t) exempting any person or organization from the definition “training organization”;
(u) exempting an occupational training program from the application of this Act.
1969, c.20, s.11; 1996, c.71, s.14; 2001, c.23, s.7; 2016, c.28, s.173
Application of Act
12The provisions and requirements of this Act and the regulations are in addition to all provisions and requirements made by or under any other general or special Act and no examination held or certificate or other document granted by virtue of this Act or the regulations shall in any way be deemed to be a compliance with the provisions or requirements made by or under any other general or special Act respecting examinations to be held or certificates or documents to be granted thereunder.
1969, c.20, s.12
Repealed
13Repealed: 1996, c.71, s.15
1969, c.20, s.13; 1996, c.71, s.15
N.B. This Act is consolidated to March 29, 2019.