Acts and Regulations

84-207 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-207
under the
Private Occupational Training Act
(O.C. 84-679)
Filed August 10, 1984
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.
97-2
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“fee” or “tuition fee” Repealed: 97-2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 a training organization that is 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; 2025-45
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; 2025-45
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.
97-2; 2025-45
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.
2025-45
4(1)Repealed: 2025-45
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).
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,
(a.1) tuition fees received by the training organization for occupational training program enrolments that are subject to the Act and this Regulation,
(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 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 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 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.
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 6.41(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.
95-114; 97-2; 2025-45
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 authorized to act as an agent, representative or salesperson under the Act 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.
97-2; 2025-45
6The Minister may, in addition to any information or material submitted with an application for 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; 2025-45
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.
97-2; 2012-10; 2025-45
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)A training organization 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.
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.
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.
9(4)Repealed: 97-2
9(5)The certificate of registration of a training organization 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; 2025-45
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.
2025-45
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.
2025-45
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;
(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;
(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 established under section 10 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;
(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;
(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.
97-2; 2025-45
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.
97-2
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.
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 30 days after notice of rescission has been delivered in accordance with this section.
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.
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.
10(9)Repealed: 2025-45
2025-45
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 6.41(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; 2025-45
11Repealed: 97-2
97-2
12Repealed: 97-2
97-2
13Repealed: 97-2
97-2
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
(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,
(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)Repealed: 2025-45
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.
97-2; 2025-45
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.
15(1)Unless registered under the Act, no training organization shall engage in any form of advertising directed towards prospective students.
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.
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(3.1)A training organization shall not knowingly make any false or misleading statements in its advertising.
15(4)Repealed: 2025-45
97-2; 97-35; 2025-45
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.
2025-45
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.
97-2
16.1Repealed: 2016, c.28, s.175
97-2; 2016, c.28, s.175
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).
2025-45
17Regulations 71-126 and 80-17 under the Trade Schools Act are repealed.
SCHEDULE A
Repealed: 2025-45
97-2; 2025-45
N.B. This Regulation is consolidated to February 1, 2026.