Acts and Regulations

P-16.1 - Private Occupational Training Act

Section 6.4
Disposition versions

Full text
Repealed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
6.4(1)There is established a fund to be known as the Training Completions Fund.
6.4(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 Corporation by the Minister under section 6.5,
(c) any interest arising from the investment of money in the Fund, and
(d) such other source of revenue as may be prescribed by regulation.
6.4(3)The Corporation shall administer the Fund.
6.4(4)The Corporation shall not invest the money in the Fund other than in the manner authorized by the Trustees Act.
6.4(5)The purposes for 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or an agent, representative or salesperson of the training organization, by or on behalf of the student is rescinded in accordance with the regulation and the training organization fails to refund money repayable under the regulation,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 any reimbursement of expenses of members of the Board fixed by a by-law made under subsection 6.3(15),
(d) to pay the costs of an audit of the accounts of the Corporation under subsection 6.3(18), and
(e) to carry out such other purposes as may be prescribed by regulation.
6.4(6)Payments for the purposes of subsection (5) shall be a charge upon and payable out of the Fund.
6.4(7)The Corporation 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) such reasonable accommodation costs paid by the student or the third party as may be determined by the Corporation.
6.4(8)Where the Corporation provides compensation under paragraph (5)(b), the training organization that failed to refund money repayable under the regulation shall, within thirty days after being requested by the Corporation to do so, remit to the Corporation for deposit to the credit of the Fund the money that the training organization failed to refund under the regulation.
6.4(9)Notwithstanding 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 pro rata basis.
1996, c.71, s.9; 2001, c.23, s.4
Training Completions Fund
6.4(1)There is established a fund to be known as the Training Completions Fund.
6.4(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 Corporation by the Minister under section 6.5,
(c) any interest arising from the investment of money in the Fund, and
(d) such other source of revenue as may be prescribed by regulation.
6.4(3)The Corporation shall administer the Fund.
6.4(4)The Corporation shall not invest the money in the Fund other than in the manner authorized by the Trustees Act.
6.4(5)The purposes for 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 any reimbursement of expenses of members of the Board fixed by a by-law made under subsection 6.3(15),
(d) to pay the costs of an audit of the accounts of the Corporation under subsection 6.3(18), and
(e) to carry out such other purposes as may be prescribed by regulation.
6.4(6)Payments for the purposes of subsection (5) shall be a charge upon and payable out of the Fund.
6.4(7)The Corporation 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) such reasonable accommodation costs paid by the student or the third party as may be determined by the Corporation.
6.4(8)Where the Corporation provides compensation under paragraph (5)(b), the training organization that failed to refund money repayable under the regulation shall, within thirty days after being requested by the Corporation to do so, remit to the Corporation for deposit to the credit of the Fund the money that the training organization failed to refund under the regulation.
6.4(9)Notwithstanding 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 pro rata basis.
1996, c.71, s.9; 2001, c.23, s.4