10(1)A contract with a training organization or with an agent, representative or salesperson of a training organization in relation to an occupational training program for a student or prospective student is rescinded when the person who entered into the contract
(a)
serves written notice of rescission of the contract on the other party to the contract within five days after the day on which the contract was entered into, or
(b)
serves written notice of rescission of the contract on the other party to the contract within ninety days after the day on which the contract was entered into and
(i)
the training organization, agent, representative or salesperson with whom the contract was made is not registered under the Act,
(ii)
the occupational training program has not commenced or has not been provided within the time specified in the contract, if that time is less than ninety days, or
(iii)
the training organization, agent, representative or salesperson with whom the contract was made has failed to comply with any of the terms, conditions or restrictions to which the certificate of registration of the training organization, agent, representative or salesperson is subject.
10(2)Notice given under subsection (1) may be served by personal delivery or by sending it by registered mail to the address shown in the contract or certificate of registration.
10(3)For the purposes of this section, notice of rescission to a training organization located outside the Province shall be made by registered mail and delivery is deemed to be at the time of mailing.
10(4)When notice under subsection (1) is sent by registered mail, delivery is deemed to be at the time of mailing.
10(5)Notice under subsection (1) is sufficient if it indicates to a reasonable person an intention to rescind the contract.
10(6)When a contract is rescinded under subsection (1), the training organization shall, except as provided in subsection (7), refund the money received under or in relation to the contract to the payer within ten days after notice of rescission has been delivered in accordance with this section.
10(7)For the purposes of this section, when a contract is rescinded, the training organization is entitled to the following compensation for services, books and materials supplied, and for instruction or tuition fees given:
(a)
when the contract is rescinded pursuant to paragraph (1)(a), to the return of books and materials issued to the student;
(b)
when the contract is rescinded pursuant to subparagraph (1)(b)(i) or (iii), to a return of books and materials provided and other compensation at the discretion of the Minister; and
(c)
when the contract is rescinded pursuant to subparagraph (1)(b)(ii), to a return of books and materials provided.
10(8)When instruction has actually commenced and the student has voluntarily withdrawn from the occupational training program, the training organization is entitled to the following:
(a)
to the return of all books and materials issued by the training organization or reasonable compensation in lieu thereof; and
(b)
except as otherwise provided in subsection (7), that proportion of the tuition fees applicable to each quarter of the occupational training program completed.
10(9)For the purposes of subsection (8),
(a)
the duration of the occupational training program as expressed in the contract will be divided into quarterly increments or, if the duration is not expressed in the contract, the total number of hours will be so divided,
(b)
a quarter shall be deemed to be completed if instruction has actually been undertaken in that quarter and previous quarters have been fully completed, and
(c)
references in this subsection to duration of the occupational training program and hours of instruction refer to instruction under the direct supervision of a teacher or instructor registered under the Act.
10(1)A contract with a training organization or with an agent, representative or salesperson of a training organization in relation to an occupational training program for a student or prospective student is rescinded when the person who entered into the contract
(a)
serves written notice of rescission of the contract on the other party to the contract within five days after the day on which the contract was entered into, or
(b)
serves written notice of rescission of the contract on the other party to the contract within ninety days after the day on which the contract was entered into and
(i)
the training organization, agent, representative or salesperson with whom the contract was made is not registered under the Act,
(ii)
the occupational training program has not commenced or has not been provided within the time specified in the contract, if that time is less than ninety days, or
(iii)
the training organization, agent, representative or salesperson with whom the contract was made has failed to comply with any of the terms, conditions or restrictions to which the certificate of registration of the training organization, agent, representative or salesperson is subject.
10(2)Notice given under subsection (1) may be served by personal delivery or by sending it by registered mail to the address shown in the contract or certificate of registration.
10(3)For the purposes of this section, notice of rescission to a training organization located outside the Province shall be made by registered mail and delivery is deemed to be at the time of mailing.
10(4)When notice under subsection (1) is sent by registered mail, delivery is deemed to be at the time of mailing.
10(5)Notice under subsection (1) is sufficient if it indicates to a reasonable person an intention to rescind the contract.
10(6)When a contract is rescinded under subsection (1), the training organization shall, except as provided in subsection (7), refund the money received under or in relation to the contract to the payer within ten days after notice of rescission has been delivered in accordance with this section.
10(7)For the purposes of this section, when a contract is rescinded, the training organization is entitled to the following compensation for services, books and materials supplied, and for instruction or tuition fees given:
(a)
when the contract is rescinded pursuant to paragraph (1)(a), to the return of books and materials issued to the student;
(b)
when the contract is rescinded pursuant to subparagraph (1)(b)(i) or (iii), to a return of books and materials provided and other compensation at the discretion of the Minister; and
(c)
when the contract is rescinded pursuant to subparagraph (1)(b)(ii), to a return of books and materials provided.
10(8)When instruction has actually commenced and the student has voluntarily withdrawn from the occupational training program, the training organization is entitled to the following:
(a)
to the return of all books and materials issued by the training organization or reasonable compensation in lieu thereof; and
(b)
except as otherwise provided in subsection (7), that proportion of the tuition fees applicable to each quarter of the occupational training program completed.
10(9)For the purposes of subsection (8),
(a)
the duration of the occupational training program as expressed in the contract will be divided into quarterly increments or, if the duration is not expressed in the contract, the total number of hours will be so divided,
(b)
a quarter shall be deemed to be completed if instruction has actually been undertaken in that quarter and previous quarters have been fully completed, and
(c)
references in this subsection to duration of the occupational training program and hours of instruction refer to instruction under the direct supervision of a teacher or instructor registered under the Act.