Acts and Regulations

84-207 - General

Section 4
Disposition versions

Full text
4(1)Each application for registration or for renewal of registration under the Act as
(a) a training organization, if the training organization has operated in the Province for less than two consecutive years, or
(b) an agent, representative or salesperson of any training organization,
shall be accompanied by a security in a form acceptable to the Minister for the due performance of contracts with or on behalf of students.
4(2)The amount of the security referred to in subsection (1) shall be
(a) for registration or for renewal of registration as a training organization, in an amount to be determined by the Minister in accordance with subsection (3), and
(b) for registration or for renewal of registration as an agent, representative or salesperson, twenty-five hundred dollars.
4(3)In determining the amount of the security for a training organization, the Minister may consider
(a) the number of students enrolled or likely to be enrolled at the training organization,
(b) if the training organization is a corporation, the paid-up capital of the corporation, and
(c) the general suitability of the training organization to be registered under the Act.
4(4)Where a security is forfeited under subsection (5), the amount due and owing as a debt to the Province by the training organization providing the security or the agent, representative or salesperson providing the security shall be determined as if the Province suffered such loss or damage as would entitle the Province to be indemnified to the maximum amount of liability prescribed by the security.
4(5)A security referred to in subsection (1) shall be forfeited if
(a) the training organization providing the security or the agent, representative or salesperson providing the security is convicted of
(i) an offence under the Act or this Regulation, or
(ii) an offence under the Criminal Code (Canada) or any provincial enactment if the offence relates to the performance of a contract entered into under the Act or any regulation under the Act,
(b) the training organization providing the security or the agent, representative or salesperson providing the security commits an act of bankruptcy, whether or not proceedings have been taken under the Bankruptcy and Insolvency Act (Canada), or
(c) the training organization has, in the opinion of the Minister, failed to perform any of the contractual conditions of a contract relating to tuition fees or instruction.
4(6)A conviction referred to in paragraph (5)(a) shall be deemed final if the time limited for an appeal of such conviction has lapsed or if the conviction has been confirmed by the highest court to which an appeal may be taken.
4(7)Subject to subsection (8), the proceeds of a security shall be used to reimburse the Fund for compensation provided under paragraph 6.4(5)(a) or (b) of the Act to a student, or a third party on behalf of a student, affected by the acts or omissions described in subsection (5).
4(8)Any proceeds of a security not required for the purposes of subsection (7) shall be refunded to the training organization that provided the security or the agent, representative or salesperson that provided the security.
95-114; 97-2
4(1)Each application for registration or for renewal of registration under the Act as
(a) a training organization, if the training organization has operated in the Province for less than two consecutive years, or
(b) an agent, representative or salesperson of any training organization,
shall be accompanied by a security in a form acceptable to the Minister for the due performance of contracts with or on behalf of students.
4(2)The amount of the security referred to in subsection (1) shall be
(a) for registration or for renewal of registration as a training organization, in an amount to be determined by the Minister in accordance with subsection (3), and
(b) for registration or for renewal of registration as an agent, representative or salesperson, twenty-five hundred dollars.
4(3)In determining the amount of the security for a training organization, the Minister may consider
(a) the number of students enrolled or likely to be enrolled at the training organization,
(b) if the training organization is a corporation, the paid-up capital of the corporation, and
(c) the general suitability of the training organization to be registered under the Act.
4(4)Where a security is forfeited under subsection (5), the amount due and owing as a debt to the Province by the training organization providing the security or the agent, representative or salesperson providing the security shall be determined as if the Province suffered such loss or damage as would entitle the Province to be indemnified to the maximum amount of liability prescribed by the security.
4(5)A security referred to in subsection (1) shall be forfeited if
(a) the training organization providing the security or the agent, representative or salesperson providing the security is convicted of
(i) an offence under the Act or this Regulation, or
(ii) an offence under the Criminal Code (Canada) or any provincial enactment if the offence relates to the performance of a contract entered into under the Act or any regulation under the Act,
(b) the training organization providing the security or the agent, representative or salesperson providing the security commits an act of bankruptcy, whether or not proceedings have been taken under the Bankruptcy and Insolvency Act (Canada), or
(c) the training organization has, in the opinion of the Minister, failed to perform any of the contractual conditions of a contract relating to tuition fees or instruction.
4(6)A conviction referred to in paragraph (5)(a) shall be deemed final if the time limited for an appeal of such conviction has lapsed or if the conviction has been confirmed by the highest court to which an appeal may be taken.
4(7)Subject to subsection (8), the proceeds of a security shall be used to reimburse the Fund for compensation provided under paragraph 6.4(5)(a) or (b) of the Act to a student, or a third party on behalf of a student, affected by the acts or omissions described in subsection (5).
4(8)Any proceeds of a security not required for the purposes of subsection (7) shall be refunded to the training organization that provided the security or the agent, representative or salesperson that provided the security.
95-114; 97-2