Post-secondary Education Choice and Excellence Act, 2000

Interpretation and Application

1 (1) In this Act, “consent” means a written consent of the Minister given under subsection 4 (1) and any renewal of that consent given by the Minister; (“consentement”) “degree” means a degree as described in subsection (2); (“grade”) “distance education” means a formal educational process in which all or the majority of the instruction occurs when the learner and instructor are not physically located in the same place at the same time; (“enseignement à distance”) “educational institution” means any person that offers education or professional courses or programs and includes a person whose objects or primary activity are not related to the provision of educational programs, but does not include a person that is prescribed as excluded; (“établissement d’enseignement”) “Minister” means the Minister of Training, Colleges and Universities; (“ministre”) “prescribed” means prescribed by the …

1.1 (1) This Act applies to persons, (a) who have physical presence in Ontario; or (b) who provide distance education to Ontario residents and it is not reasonably evident to Ontario residents that the programs are offered by a person or entity in a jurisdiction outside Ontario. 2010, c. 12, s. 3. Physical presence (2) For the purposes of clause (1) (a), evidence of physical presence in Ontario includes one or more of the following: 1. A head office. 2. A postal address or a telephone or fax number in Ontario. 3. The occupancy of real property in Ontario for the purposes of providing educational programs. 4. The occupancy of real property in Ontario for the purposes of granting degrees. 5. The employment of or contracting with, i. an agent, manager or other person in Ontario who provides or arranges the provision of educational programs in Ontario, or ii. an employee, contractor or other…

Authority to Grant Degrees

2 (1) No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act: 1. Grant a degree. 2. Provide a program or part of a program of post-secondary study leading to a degree to be conferred by a person inside or outside Ontario. 3. Advertise, i. a program or part of a program of post-secondary study offered in Ontario leading to a degree to be conferred by a person in or outside Ontario, or ii. a distance education program or part of a distance education program of post-secondary study leading to a degree to be conferred by a person outside of Ontario where the advertising is done in a manner such that it is not reasonably evident to Ontario residents that the program is offered by a provider in a jurisdiction outside Ontario who is not authorized to provide the program or grant a…

3 No person shall directly or indirectly do any of the following things unless the person is authorized to do it by an Act of the Assembly or by the Minister under this Act: 1. Operate or maintain a university. 2. Use or be known by a name of a university or any derivation or abbreviation of a name of a university. 3. Hold themself out to be a university. 4. Make use of the word university or any derivation or abbreviation of the word university in any advertising relating to an educational institution in Ontario. 2000, c. 36, Sched., s. 3.

4 (1) The Minister may give a written consent to a person who makes an application under section 5 to authorize the person to do one or more things described in sections 2 and 3. 2000, c. 36, Sched., s. 4 (1). Terms and conditions of consent (2) The Minister may attach such terms and conditions to a consent as the Minister considers appropriate, including a termination date after which the consent will cease to be effective unless renewed by the Minister. 2000, c. 36, Sched., s. 4 (2). Same (3) A person to whom a consent is given shall ensure compliance with all terms and conditions attached to the consent. 2000, c. 36, Sched., s. 4 (3). Security (4) The Minister shall not give a consent unless he or she is satisfied, (a) that the person seeking the consent has given security that complies with any prescribed requirements and is adequate to protect the interests of students; and (b) that…

5 (1) A person may apply to the Minister for a consent and for a renewal of a consent. 2000, c. 36, Sched., s. 5 (1). Referral to Board or other prescribed body (2) Subject to subsection (2.1), the Minister shall, (a) refer applications for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board or another accrediting or quality assurance body or authority, in accordance with the regulations, if any; or (b) refer elements of an application for a consent or renewal of a consent to the Post-secondary Education Quality Assessment Board and elements to another accrediting or quality assurance body or authority, in accordance with the regulations, if any. 2010, c. 12, s. 6 (1). Rejection of application (2.1) The Minister may, in the prescribed circumstances or in accordance with the prescribed criteria, reject an application for consent or renewal of consent…

6 (1) The Minister may at any time, in accordance with the regulations, (a) suspend or revoke a consent; (b) reinstate a consent with or without conditions; (c) add new terms and conditions to a consent; or (d) change or remove terms and conditions attached to a consent. 2000, c. 36, Sched., s. 6 (1). Potential non-compliance (2) A person who has received a consent shall promptly notify the Minister if it is reasonable to believe that not all of the terms and conditions of the consent may be met. 2000, c. 36, Sched., s. 6 (2).

Post-secondary Education Quality Assessment Board

7 (1) The board known in English as the Post-secondary Education Quality Assessment Board and in French as Commission d’évaluation de la qualité de l’éducation postsecondaire is continued. 2000, c. 36, Sched., s. 7 (1). Composition (2) The Board shall be composed of, (a) a chair appointed by the Lieutenant Governor in Council; and (b) a vice-chair and not more than nine other members appointed by the Minister. 2000, c. 36, Sched., s. 7 (2). Duties (3) The Board shall, (a) review applications made under section 5 and other matters referred to it by the Minister and make recommendations to the Minister in a manner and within a time period specified by the Minister; and (b) perform such other duties as may be prescribed. 2000, c. 36, Sched., s. 7 (3). Powers (4) The Board may, (a) establish review panels to assess the educational quality of proposed degree programs in Ontario and to review …

8 The giving of a consent does not entitle the person to whom the consent is given to any funding from the Government of Ontario. 2000, c. 36, Sched., s. 8.

Inspections and Minister’s Orders

9 (1) The Minister may appoint inspectors for the purposes of determining whether it is appropriate to suspend or revoke a consent or change the terms and conditions attached to a consent given under this Act or for the purposes of determining whether a person has failed to comply with this Act. 2000, c. 36, Sched., s. 9 (1). (2) Repealed: 2010, c. 12, s. 9 (1). Powers (3) An inspector may, without a warrant, do any of the following things in the course of conducting an inspection: 1. Enter and inspect any premises used in connection with a person’s business or activities. 2. Photograph the premises. 3. Inspect documents or other things that may be relevant to the inspection. 4. Require a person to answer questions about anything that may be relevant to the inspection. 5. Require a person to produce a document, record or other thing and provide whatever assistance is reasonably necessary…

10 On receipt of a report from an inspector under section 9, the Minister may make any order that he or she considers appropriate for the purposes of the proper administration of this Act and the regulations. 2000, c. 36, Sched., s. 10.

Administrative Penalties

10.1 The Minister may designate in writing a Ministry official to perform the powers under subsections 10.2 (1) to (5) and sections 10.3 to 10.6. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.2 (1) If a person designated under section 10.1 believes that a person has contravened a prescribed provision of this Act or the regulations, the designate may, in accordance with the regulations, issue a notice of contravention to the person setting out his or her belief and requiring the person to pay the administrative penalty prescribed for the contravention in question. 2010, c. 12, s. 10. Purpose of administrative penalty (2) The following are the purposes for which a person may be required to pay an administrative penalty under this section: 1. To encourage compliance with this Act and the regulations. 2. To encourage compliance with an order made under section 10.9. 3. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations. 2010, c. 12, s. 10. Amount of administrative penalty (3) The amount …

10.3 (1) If a person who is required to pay an administrative penalty under section 10.2 fails to pay the penalty within the time required under subsection 10.2 (7) or (11), the notice of contravention or the Minister’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. 2010, c. 12, s. 10. Same (2) Section 129 of the Courts of Justice Act applies in respect of a notice of contravention or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of contravention or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.4 An administrative penalty imposed under section 10.2 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.5 (1) The Minister may authorize any person to act as a collector for the purposes of this section and sections 10.6 and 10.7 and to exercise the powers that the Minister specifies in the authorization to collect administrative penalties owing under this Act. 2010, c. 12, s. 10. Costs of collection (2) Despite clause 22 (a) of the Collection and Debt Settlement Services Act, the Minister may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act. 2010, c. 12, s. 10; 2013, c. 13, Sched. 1, s. 17. Same (3) The Minister may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection. 2010, c. 12, s. 10. Exception re disbursements (4) The…

10.6 (1) A collector may exercise any of the powers specified in an authorization of the Minister under section 10.5. 2010, c. 12, s. 10. Fees and disbursements part of order (2) If a collector is seeking to collect an administrative penalty owing under a notice of contravention, any fees and disbursements authorized under subsection 10.5 (2) are deemed to be owing under and are deemed to be added to the amount of the penalty set out in the notice of contravention. 2010, c. 12, s. 10. Distribution of money collected (3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.7 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of the Minister. 2010, c. 12, s. 10. Payment (2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with subsection 10.6 (3). 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.8 The Minister or a person designated by the Minister may issue a notice of contravention to a person under subsection 10.2 (1) even though an order has been made or may be made against the person under section 10.9 or 10.10 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

Restraining and Compliance Orders

10.9 (1) If the Minister believes that a person has contravened this Act or the regulations, the Minister may order the person to restrain from contravening this Act or the regulations. 2010, c. 12, s. 10. Same (2) If the Minister believes that a person has breached a term or condition of their consent or has otherwise contravened or failed to comply with a provision of this Act or the regulations, the Minister may order the person to comply with the terms or conditions of the consent or with the provisions of this Act or the regulations. 2010, c. 12, s. 10. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 10 - 08/06/2010

10.10 (1) On the application of the Minister, a judge of the Superior Court of Justice may make an order to restrain a person from contravening this Act or the regulations if the court is satisfied that there are reasonable grounds to believe that the person has contravened or is likely to contravene this Act or the regulations. 2010, c. 12, s. 10. Interim order (2) In a proceeding under subsection (1), a judge may, on application of the Minister, grant an interim order described in that subsection if the judge believes, based on the evidence before him or her, that it is in the public interest to do so. 2010, c. 12, s. 10. Same (3) A judge may grant an interim order even though the Minister has not established that irreparable harm will be done if the order is not issued. 2010, c. 12, s. 10. Same (4) A judge shall not require the Minister to post a bond or give an undertaking as to dama…

Offences

11 (1) Every person is guilty of an offence who, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be provided under this Act or the regulations; or (b) contravenes any provision of this Act. 2000, c. 36, Sched., s. 11 (1). Penalty (2) Every person who is guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $50,000 if the person is an individual or $250,000 if the person is a corporation; (b) to imprisonment for a term of not more than one year; or (c) to both a fine under clause (a) and imprisonment under clause (b). 2000, c. 36, Sched., s. 11 (2); 2010, c. 12, s. 12. Conviction of officers, etc. (3) Any officer, director or agent of a corporation, or any other person, who directed, authorized, assented to, acquiesced in or participated in the commission of any act by the corporati…

12 A written statement purporting to be certified by the Minister is receivable in evidence as proof of the facts set out in the statement in the absence of evidence to the contrary in any action, proceeding or prosecution, without proof of the office or signature of the Minister, (a) as to whether a consent has been given under this Act and as to any terms and conditions of a consent; or (b) as to any other matter related to a consent or an application for consent. 2000, c. 36, Sched., s. 12.

Service

12.1 (1) Any notice, order or other document that is required to be given, issued, delivered or served under this Act or the regulations shall be given, issued, delivered or served only, (a) by personal delivery; (b) by mail addressed to the person’s last known business or residential address as shown in the latest document filed with or correspondence sent to the Ministry using a method of mail delivery that permits the delivery to be verified; (c) by mail addressed to the person’s last known business or residential address as shown in the latest document filed with or correspondence sent to the Ministry; or (d) by fax of the document or by electronic mail if the person is equipped to receive such transmission. 2010, c. 12, s. 13. Personal delivery (2) Personal delivery under clause (1) (a) is carried out by, (a) leaving a copy of the notice, order or other document with the person to b…

Regulations

13 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing persons that are excluded from the definition of “educational institution” in subsection 1 (1); (0.a.1) prescribing occupational accrediting, certifying or licensing bodies or the criteria that must be met to be an occupational accrediting, certifying or licensing body for the purposes of subsection 1 (3); (0.a.2) prescribing physical elements for the purposes of paragraph 6 of subsection 1.1 (2); (a) prescribing, for the purposes of subsection 4 (4), requirements relating to the giving of security and access to student transcripts; (b) governing claims made against the security referred to in subsection 4 (4); (c) naming colleges of applied arts and technology or conditions for the purposes of subsection 4 (6); (c.1) governing the referring of an application for consent or renewal of consent to a quality a…

14 (1) The Board may deal with any matter referred to it by the Minister before this Act came into force in the same manner as if it were a matter referred to it after this Act came into force. 2000, c. 36, Sched., s. 14 (1). Same (2) All consents given by the Minister before the day this Act came into force shall be deemed to be consents given under this Act. 2000, c. 36, Sched., s. 14 (2). ______________