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Regulation number	Title
P-16.1	Private Occupational Training Act

Under section 11 of the Private Occupational Training Act, the Lieutenant-Governor in Council makes the following Regulation:

97-2

1This Regulation may be cited as the General Regulation - Private Occupational Training Act.

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2(1)In this Regulation

“Act” means the Private Occupational Training Act;(loi)

“fee” or “tuition fee” Repealed: 97-2

“lender” means(préteur)

(a) a financial institution that

(i) has entered into an agreement with the Minister of Education under section 4.1 of the Youth Assistance Act, and

(ii) has provided a loan to a student who has been issued a certificate of eligibility under subsection 5(1) of the Youth Assistance Act,

(b) a lender as defined in the Canada Student Loans Act (Canada) that has provided a student with a guaranteed student loan as defined in that Act, or

(c) a lender as defined in the Canada Student Financial Assistance Act (Canada) that has provided financial assistance, as defined under that Act, to a student who has been issued a certificate of eligibility under subsection 12(1) of that Act;

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

“security” includes a surety bond issued by a company licensed to do business in the Province and a negotiable instrument.(cautionnement)

2(2)In the Act

“training assistant” means a person who provides less than twenty-one hours of instruction in an academic year to students enrolled in an occupational training program.(adjoint à la formation)

97-2; 2002-12

2.1The following persons and organizations are exempted from the definition “training organization” in section 1 of the Act:

(a) a person or organization that provides only occupational training programs for the employees of that person or organization or for the members of an employees’ or an employers’ association;

(b) a body corporate that is governed by an Act of the Legislature when that body corporate is providing an occupational training program solely for members of that body corporate or for applicants for membership in that body corporate;

(c) a person or organization that provides only occupational training programs by correspondence;

(d) a person or organization that provides only occupational training programs on the Internet; and

(e) a person or organization that provides only occupational training programs of less than twenty-one hours of instruction.

97-2; 2002-12

3Each calling or vocation set forth in Schedule A is designated as an occupation within the meaning of the Act.

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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

5(1)When an agent, representative or salesperson of a training organization receives tuition fees or a deposit on tuition fees for an occupational training program provided by the training organization, the training organization shall be deemed to have received the tuition fees or deposit.

5(2)The fact that an agent, representative or salesperson is registered under the Act for a particular training organization is prima facie evidence that the agent, representative or salesperson, as the case may be, has actual authority to enter into contracts and to receive tuition fees or deposits on behalf of the training organization.

5(3)An agent, representative or salesperson of a training organization shall be deemed to continue in that capacity unless written notification to the contrary has been acknowledged by the Minister.

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6The Minister may, in addition to any information or material submitted with an application for registration or for renewal of registration, require an applicant to submit such further information or material in support of the application as is considered necessary by the Minister within such period of time as may be specified by the Minister.

95-114; 97-2

7(1)An application for registration or renewal of registration as a training organization shall be accompanied by the following fees:

(a) $700; and

(b) $100 per occupational training program provided by the training organization.

7(2)An application for registration or renewal of registration as an agent, representative or salesperson of a training organization, or as a teacher or instructor of an occupational training program shall be accompanied by a fee of $25.

97-2; 2012-10

8No increase in the amount of tuition fees charged by a training organization shall be made without prior written notification by the training organization of the increase to the Minister.

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9(1)The Minister may issue a certificate of registration subject to terms, conditions and restrictions and shall notify the training organization of these.

9(1.1)The Minister may refuse to issue a certificate of registration

(a) if, within five years preceding the date on which the Minister receives the application, the Minister has cancelled the registration of the applicant;

(b) where the applicant is a partnership, if, within five years preceding the date on which the Minister receives the application, the Minister has cancelled the registration of a partner; or

(c) where the applicant is a corporation, if, within five years preceding the date on which the Minister receives the application, the Minister has cancelled the registration of

(i) a shareholder of the applicant,

(ii) an officer or director of the applicant or any other person to whom the applicant delegates decision making authority, or

(iii) a corporation which delegated decision making authority to a person referred to in subparagraph (i) or (ii).

9(1.2)Where the Minister refuses to issue a certificate of registration under subsection (1.1), the Minister shall notify the applicant.

9(2)Any person holding a certificate of registration shall promptly notify the Minister in writing of any change to the information contained in or provided with the application for registration or for renewal of registration.

9(3)A certificate of registration is not transferable.

9(4)Repealed: 97-2

9(5)The certificate of registration of a training organization or of an agent, representative or salesperson shall be produced for inspection when so requested by any person with whom a contract for tuition fees or instruction is negotiated.

95-114; 97-2

9.1Every contract under section 6.2 of the Act shall, at a minimum, set out, either in the body of the contract or on a separate sheet that is annexed to and forms part of the contract, the following:

(a) the name, address and telephone number of the training organization;

(b) the name, address and telephone number of the person to whom the occupational training program is to be provided;

(c) the name of the occupational training program;

(d) an outline of content of the occupational training program;

(e) the duration of the occupational training program;

(f) the commencement date of the occupational training program;

(g) the completion date of the occupational training program;

(h) the competencies expected to be obtained from taking the occupational training program;

(i) the tuition fees to be paid;

(j) the student protection fee to be paid;

(k) all other fees associated with the occupational training program to be paid;

(l) the schedule of payment of tuition fees;

(m) the qualifications of teachers or instructors of the occupational training program;

(n) the ratio of students to teachers or instructors;

(o) the equipment available for the occupational training program;

(p) the classroom layout for the occupational training program;

(q) the maximum class size for the occupational training program;

(r) the prerequisites for admission to the occupational training program;

(s) a statement to the effect that the contract is subject to the Private Occupational Training Act and any regulation made under the Private Occupational Training Act;

(t) a statement to the effect that the tuition refund policy of the training organization shall be provided to the student before the contract is signed;

(u) a statement to the effect that taking the occupational training program does not guarantee employment;

(v) a statement to the effect that the student shall be provided with a signed copy of the contract within ten days after the contract is signed;

(w) a statement to the effect that the student should ask potential employers if the occupational training program provides worthwhile job training and that the value of the occupational training program is determined by employers, not the Government of Canada or the Province;

(x) a statement to the effect that financial assistance may be available to qualifying students and that if a student obtains a student loan it is the sole responsibility of the student, not the Government of Canada or the Province, to repay the loan;

(y) a statement to the effect that information should be available from the training organization on the number of former students obtaining training-related employment and that such information should be considered before the contract is signed;

(z) the date the contract is entered into;

(aa) the signature of the person to whom the occupational training program is to be provided, or a third party on that person’s behalf; and

(bb) the signature of the person authorized to enter into the contract on behalf of the training organization.

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9.2For the purposes of subsection 6.6(1) of the Act, the student protection fee shall be determined by multiplying the student’s tuition fees for the occupational training program by one per cent.

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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(1)The Fund may be used for the purpose of paying to a lender any money that may be refunded to a student or a third party under paragraph 6.4(5)(b) or (7)(b) of the Act.

10.1(2)Payments for the purposes of subsection (1) shall be a charge upon and payable out of the Fund.

10.1(3)If the Minister makes a payment under subsection (1) in a case where a training organization has failed to refund money repayable under subsection 10(6), the training organization 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.

10.1(4)Notwithstanding any other provision of this section,

(a) no payment shall be made under subsection (1) 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 of the Act, and

(b) if there is insufficient money in the Fund to make a payment under subsection (1), the payment made shall

(i) not exceed the amount of money in the Fund, and

(ii) be provided on a pro rata basis.

2002-12; 2016, c.28, s.175

11Repealed: 97-2

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12Repealed: 97-2

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13Repealed: 97-2

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14(1)The Minister may suspend or cancel for a definite or indefinite period the registration of any holder of a certificate of registration who

(a) fails to comply with any of the terms, conditions or restrictions applicable to the registration,

(b) makes a material misstatement in the application for registration or in any information or material submitted to the Minister in relation to the application,

(c) is guilty of misrepresentation or fraud in the course of negotiations and dealings in relation to students or prospective students, or

(d) in the opinion of the Minister has demonstrated unsuitability to be registered under the Act by reason of incompetency or untrustworthiness.

14(2)Where the certificate of registration of a training organization is suspended or cancelled, the certificate of registration of each agent, representative or salesperson of the training organization is similarly affected.

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15(1)Unless registered under the Act, no training organization shall engage in any form of advertising directed towards prospective students.

15(2)Repealed: 97-2

15(3)No advertisement by a training organization shall be so phrased as to imply that the training organization is an employer, a prospective employer, or the agent of an employer or prospective employer unless there is a subsisting contract with that employer or prospective employer.

15(4)No advertisement by a training organization shall contain any reference or allusion to any department or agency of the Province.

97-2; 97-35

16Any agreement, verbal or written, express or implied, that any of the provisions of this Regulation shall not apply, or that any benefit or remedy provided in this Regulation shall not be available, or which in any way limits, modifies or abrogates any benefit or remedy, shall be deemed severed from and form no part of a contract for instruction or tuition fees at a training organization.

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16.1Repealed: 2016, c.28, s.175

97-2; 2016, c.28, s.175

17Regulations 71-126 and 80-17 under the Trade Schools Act are repealed.

SCHEDULE A

ARTISTIC

Advertising - Graphic Artist

Announcing - Radio, Television, Fashion

Architecture - Naval

Art - Fine, Commercial

Drafting - Blue Print Reading

Interior Decorating