<<SR_PageTitle>>

1Section 2 of New Brunswick Regulation 84-207 under the Private Occupational Training Act is amended

(i) in the French version by repealing the definition « loi »;

(ii) by repealing the definition “registered” and substituting the following:

“registered” means a training organization that is issued a certificate of registration under the Act;(enregistré)

(iii) in the French version by adding the following definition in alphabetical order:

“Loi” s’entend de la Loi sur la formation professionnelle dans le secteur privé;(Act)

(b) in subsection (2) of the French version in the portion preceding the definition « adjoint à la formation » by striking out “loi” and substituting “Loi”.

2Section 2.1 of the French version of the Regulation is amended in the portion preceding paragraph a) by striking out “loi” and substituting “Loi”.

3Section 3 of the Regulation is repealed and the following is substituted:

3(1)Subject to subsection (2), the Act and this Regulation apply to all occupations included in the National Occupational Classification (NOC) 2021, as amended from time to time, or an equivalent system used by the Government of Canada.

3(2)The occupations under the following NOC unit groups are exempt from the application of the Act and this Regulation:

(a) 54100 − Program leaders and instructors in recreation, sport and fitness;

(b) 53202 − Sports officials and referees;

(c) 43109 − Other instructors;

(d) 44100 − Home child care providers;

(e) 53201 − Coaches;

(f) 42204 − Religion workers;

(g) 41302 − Religious leaders; and

(h) 65220 − Pet groomers and animal care workers.

3(3)The occupations of life coach, life skills coach and life skills instructor under the NOC unit group 42201 − Social and community service workers are exempt from the application of the Act and this Regulation.

4The Regulation is amended by adding after section 3 the following:

3.1(1)An application under subsection 4(1) of the Act shall include the following information:

(a) with respect to the training organization

(i) the name, the address of the head office and the names of the owners,

(ii) information on any training programs offered outside of the Province and a list of any ownership in training institutions outside of the Province,

(iii) the business plan,

(iv) information on solvency,

(v) the application process and policy,

(vi) a list of agents, representatives and salespersons and their roles,

(vii) the policies on grading, academic dishonesty, attendance, appeals, student dismissal, records, withdrawals and refunds and any other policies established,

(viii) information on student support services, academic support services and student advisor services,

(ix) the internal student complaint submission and resolution processes, and

(x) a copy of any licences, permits or other necessary documents required; and

(b) with respect to each occupational training program

(i) the name,

(ii) the occupational categories in the NOC or an equivalent system used by the Government of Canada for which training is to be offered,

(iii) a description of the program and the program’s objectives,

(iv) the source or developer of the content,

(v) the location where the program is to be provided, the equipment available and a description of the premises to be used,

(vi) a detailed outline,

(vii) the prerequisites for admission,

(viii) a description of each module, the module’s objectives and skills and competencies to be gained from the module,

(ix) details on duration,

(x) the methods of instruction and evaluation,

(xi) the maximum class size and the ratio of students to teachers, instructors or training assistants,

(xii) teacher and instructor credentials, qualifications and experience, and

(xiii) a breakdown of all associated fees to be paid.

3.1(2)For the purposes of subparagraph (1)(b)(xii), at least one of the following minimum requirements with respect to credentials, qualifications and experience shall be met by each teacher and instructor if the teacher or instructor was not registered under the Act on January 31, 2026:

(a) a bachelor’s degree in a subject related to the subject or occupation to be taught followed by 12 months’ experience in that subject or occupation;

(b) a diploma in a subject related to the subject or occupation to be taught from the Collège communautaire du Nouveau-Brunswick (CCNB) or the New Brunswick Community College (NBCC), a registered training organization or an equivalent institution outside of the Province followed by 24 months’ experience in that subject or occupation;

(c) a Bachelor of Education degree or valid New Brunswick teacher’s certificate and 24 months’ experience in the subject or occupation to be taught; or

(d) 60 months’ experience in the subject or occupation to be taught.

3.1(3)Despite subsection (2), in the case of a teacher or instructor of a designated occupation as defined in the Apprenticeship and Occupational Certification Act, the teacher or instructor shall hold a certificate of qualification in the same occupation or a related occupation and 24 months’ experience at the journeyperson level.

5Section 4 of the Regulation is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

4(2)The amount of the security referred to in subsection 4(2) of the Act shall be in an amount determined by the Minister in accordance with subsection (3).

(c) in subsection (3)

(i) by adding after paragraph (a) the following:

(a.1) tuition fees received by the training organization for occupational training program enrolments that are subject to the Act and this Regulation,

(ii) in paragraph b) of the French version by striking out “corporation” and substituting “personne morale”;

(iii) in paragraph c) of the French version by striking out “loi” and substituting “Loi”;

(d) in subsection (4) by striking out “or the agent, representative or salesperson providing the security”;

(e) in subsection (5)

(i) in paragraph (a)

(A) in the portion preceding subparagraph (i) by striking out “or the agent, representative or salesperson providing the security”;

(B) in subparagraph (i) of the French version by striking out “loi” and substituting “Loi”;

(C) in subparagraph (ii) of the French version by striking out “loi” wherever it appears and substituting “Loi”;

(ii) in paragraph (b) by striking out “or the agent, representative or salesperson providing the security”;

(iii) in paragraph (c) by striking out “relating to tuition fees or instruction”;

(f) in subsection (7) by striking out “paragraph 6.4(5)(a) or (b)” and substituting “paragraph 6.41(5)(a) or (b)”;

(g) in subsection (8) by striking out “or the agent, representative or salesperson that provided the security”.

6Subsection 5(2) of the Regulation is amended by striking out “is registered under the Act for a particular training organization” and substituting “is authorized to act as an agent, representative or salesperson under the Act”.

7Section 6 of the Regulation is amended by striking out “or for renewal of registration”.

8 Section 7 of the Regulation is repealed and the following is substituted:

7An application for registration as a training organization shall be accompanied by the following fees:

(a) $3,000 for the approval of the first occupational training program to be offered and the first premises to be used;

(b) $150 for the approval of each teacher or instructor;

(c) $750 for the approval of each additional occupational training program to be offered; and

(d) $300 for the approval of each additional premises to be used.

9Section 9 of the Regulation is amended

(a) in paragraph (1.1)c) of the French version

(i) in the portion preceding subparagraph (i) by striking out “corporation” and substituting “personne morale”;

(ii) in subparagraph (iii) by striking out “corporation” and substituting “personne morale”;

(b) in subsection (2) by striking out “Any person” and “registration or for renewal of registration” and substituting “A training organization” and “registration”, respectively;

(c) by repealing subsection (3) and substituting the following:

9(3)A registered training organization may apply to the Minister to transfer its certificate of registration to another training organization at least 30 days before the anticipated transfer date.

(d) by adding after subsection (3) the following:

9(3.1)An application under subsection (3) shall include the following information with respect to the training organization to which the certificate of registration is to be transferred:

(a) the location where the occupational training program is to be provided, the equipment available and a description of the premises to be used;

(b) information on any training programs offered outside of the Province and a list of any ownership in training institutions outside of the Province;

(c) the business plan;

(d) information on solvency; and

(e) a copy of any licences, permits or other necessary documents required.

9(3.2)An application under subsection (3) shall be accompanied by a security in a form acceptable to the Minister.

9(3.3)The amount of the security referred to in subsection (3.2) shall be in an amount determined by the Minister in accordance with subsection 4(3).

9(3.4)A training organization to which a certificate of registration is transferred shall provide the occupational training program in accordance with the information provided under subsection 3.1(1) in the application for registration unless the training organization applies for a modification of the registration and the Minister approves the application.

(e) in subsection (5) by striking out “or of an agent, representative or salesperson”.

10The Regulation is amended by adding after section 9 the following:

9.01(1)An application for modification of registration shall be made in the following circumstances and shall be accompanied by the following fees:

(a) for a transfer of a certificate of registration of the training organization, $2,000;

(b) for the addition of an occupational training program, $750;

(c) for the addition of a new premises or a material change to an existing premises, $300;

(d) for the addition of each new teacher or instructor, $150;

(e) for a material change to an existing occupational training program, $150;

(f) for a modification to the credentials, qualifications or experience of existing teachers or instructors providing the occupational training program, $20; and

(g) for a modification to the list of agents, representatives or salespersons of the training organization or their roles, $0.

9.01(2)An application for modification of registration shall include the information referred to in subsection 3.1(1) that is relevant to the circumstances of the application.

9.01(3)On receipt of an application for modification of registration, the Minister may modify the registration of a training organization.

9.02A training organization, or an agent, representative or salesperson of the training organization, shall not enter into a contract under section 6.2 of the Act with an individual who is a study permit holder under the Immigration and Refugee Protection Act (Canada) unless the training organization is accredited as a designated learning institution as defined in the Immigration and Refugee Protection Regulations under that Act.

11Section 9.1 of the Regulation is amended

(a) in the portion preceding paragraph a) of the French version by striking out “loi” and substituting “Loi”;

(b) by adding after paragraph (a) the following:

(a.1) the registration information of the training organization, including the date of registration or modification of registration and the number that was assigned to the training organization on registration;

(c) in paragraph i) of the French version by striking out “frais d’inscription à être acquittés” and substituting “frais de scolarité à acquitter”;

(d) in paragraph (t) by striking out “of the training organization” and substituting “established under section 10”;

(e) by adding after paragraph (y) the following:

(y.1) a statement to the effect that the student will have access to their student record;

(y.2) information with respect to the protections for students under the Act;

(y.3) the contact information of the Department of Post-Secondary Education, Training and Labour;

(y.4) information with respect to making complaints under the Act;

(y.5) information with respect to the registry established and maintained under subsection 6(4) of the Act;

(y.6) information with respect to student support services and student protection policies;

(y.7) information with respect to policies and procedures established by the training organization;

(y.8) information with respect to community services available to students;

12Section 10 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

10(1)A student or prospective student who enters into a contract with a training organization, or an agent, representative or salesperson of a training organization, in relation to an occupational training program may rescind the contract by serving written notice of rescission on the training organization or the agent, representative or salesperson.

(b) in subsection (6) by striking out “ten days” and substituting “30 days”;

(c) by repealing subsection (7) and substituting the following:

10(7)A student or prospective student shall return all books and materials provided by the training organization or pay reasonable compensation for the books and materials when a contract is rescinded under this section.

(d) by repealing subsection (8) and substituting the following:

10(8)When a contract is rescinded under this section, the student or prospective student is entitled to a refund from the training organization for tuition fees paid at the following rates:

(a) if the occupational training program has not commenced, 80% of the tuition fees;

(b) if the occupational training program is 30% complete or less, 70% of the tuition fees;

(c) if the occupational training program is 31% to 40% complete, 60% of the tuition fees;

(d) if the occupational training program is 41% to 50% complete, 50% of the tuition fees;

(e) if the occupational training program is 51% to 60% complete, 40% of the tuition fees;

(f) if the occupational training program is 61% to 70% complete, 30% of the tuition fees;

(g) if the occupational training program is 71% complete or more, 0% of the tuition fees.

(e) by repealing subsection (9).

13Section 10.1 of the Regulation is amended

(a) in subsection (1) by striking out “paragraph 6.4(5)(b)” and substituting “paragraph 6.41(5)(b)”;

(b) in paragraph (4)a) of the French version by striking out “loi” and substituting “Loi”.

14Section 14 of the Regulation is amended

(a) in subsection (1)

(i) by repealing the portion preceding paragraph (a) and substituting the following:

14(1)The Minister may cancel or suspend the registration of a training organization under paragraph 8(1)(a) of the Act for a definite or indefinite period if the training organization

(ii) by adding before paragraph (a) the following:

(0.a) ceases to offer an occupational training program or to have students enrolled in an occupational training program for a period of more than six months,

(iii) in paragraph c) of the French version by striking out “ou” at the end of the paragraph;

(iv) in paragraph d) of the French version by striking out “loi” and substituting “Loi”;

(b) by repealing subsection (2);

(c) by adding before subsection 15(1) the following:

14(2.1)If the Minister cancels the registration of a training organization under paragraph 8(1)(a) of the Act, the training organization may submit a new application for registration under section 4 of the Act and shall pay all required fees.

15Section 15 of the Regulation is amended

(a) by adding before subsection (1) the following:

15(0.1)For the purposes of this section, “advertising” includes any statement in any advertising or promotional materials of a training organization and includes, but is not limited to, statements indicating a guarantee of employment or permanent residency.

(b) in subsection (1) of the French version by striking out “loi” and substituting “Loi”;

(c) by adding after subsection (1) the following:

15(1.1)A training organization engaging in advertising directed towards prospective students shall provide the number that was assigned to the training organization on registration in its advertising.

(d) by adding after subsection (3) the following:

15(3.1)A training organization shall not knowingly make any false or misleading statements in its advertising.

(e) by repealing subsection (4).

16The Regulation is amended by adding after section 15 the following:

15.1(1)A registered training organization shall maintain a student record on each student that includes the following information:

(a) application and proof of acceptance;

(b) copies of examination papers and results;

(c) copies of assignments and results;

(d) proof of attendance;

(e) any complaints made by the student;

(f) proof of payments;

(g) credentials awarded;

(h) signed contract between the training organization and the student, including any amendments; and

(i) transcripts.

15.1(2)On request by a student, or a former student within one year of the occupational training program end date, a training organization shall grant to the student or former student access to their student record.

15.1(3)On request by the Minister, a training organization shall grant to the Minister access to a student record.

15.1(4)A registered training organization shall retain records of credentials awarded and student transcripts for a minimum period of 50 years after the date of registration, and on request by a student or a former student, a training organization shall grant to the student or former student access to their credentials and transcripts.

17The Regulation is amended by adding before section 17 the following:

16.2(1)A training organization shall provide the Minister with an annual report in the form and within the period established by the Minister.

16.2(2)The annual report referred to in subsection (1) shall include the following information:

(a) a statement to the effect that the training organization is in compliance with the Act and this Regulation;

(b) student enrolment information;

(c) program summaries for programs provided during the year;

(d) annual financial statements, including a review engagement letter completed and signed by a chartered professional accountant;

(e) copies of standard forms used;

(f) copies of the policies and procedures;

(g) a list of the names of teachers, instructors and training assistants;

(h) a list of the names of agents, representatives and salespersons;

(i) copies of any licences, permits and certifications or other credentials of the training organization or its teachers or instructors;

(j) a statement to the effect that the premises and any equipment used to deliver a program comply with industry standards and all applicable Acts and regulations; and

(k) copies of credentials awarded and student transcripts.

16.2(3)At the request of the Minister, a training organization shall provide the Minister with any other report that the Minister requires in the form and within the period specified by the Minister.

16.2(4)The reports referred to in subsection (3) shall include the information referred to in subsection 3.1(1).

18Schedule A of the Regulation is repealed.

19This Regulation comes into force on February 1, 2026.

2025-45 - Private Occupational Training Act

Copy to Clipboard