Ontario Career Colleges Act, 2005

Part I interpretation

1 (1) In this Act, “career college” means an educational institution or other institution, agency or entity that provides one or more vocational programs to students for a fee and pursuant to individual contracts with the students, but does not include, (a) a college of applied arts and technology established under any Act, (b) a university established under any Act, (c) a school as defined in subsection 1 (1) of the Education Act, or (d) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class; (“collège d’enseignement professionnel”) “Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “registra…

Part ii Administration and financial matters

2 (1) There shall be a Superintendent of career colleges who shall be appointed by the Minister. 2005, c. 28, Sched. L, s. 2 (1); 2023, c. 9, Sched. 29, s. 10 (2). Duties (2) The Superintendent may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act. 2005, c. 28, Sched. L, s. 2 (2). Delegation (3) Subject to the approval of the Minister, the Superintendent may delegate in writing any of his or her powers or duties under this Act to one or more persons employed in the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. 2009, c. 33, Sched. 25, s. 5 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (2) - 15/12/2009 2023, c. 9, Sched. 29, s. 10 (2) - 01/01/2024

3 (1) A fund to be known as the Training Completion Assurance Fund in English and Fonds d’assurance pour l’achèvement de la formation in French shall be established in accordance with the regulations. 2005, c. 28, Sched. L, s. 3 (1). Purpose of Fund (2) The purpose of the Fund is to ensure that in the event a career college ceases to provide a vocational program in which students are enrolled, the students, (a) will be given the opportunity to complete the vocational program as provided by another career college or by another institution, agency or entity; or (b) will receive a refund of that portion of the fees they paid in relation to the program for which they did not receive any instruction or other benefit. 2005, c. 28, Sched. L, s. 3 (2); 2023, c. 9, Sched. 29, s. 10 (1). Administration of Fund (3) The Fund shall be administered in accordance with the regulations. 2005, c. 28, Sche…

4 Repealed: 2020, c. 34, Sched. 21, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 21, s. 1 - 01/07/2021

5 (1) Career colleges shall pay premiums and levies for the purposes of the Training Completion Assurance Fund in the amounts, on the terms and at the times determined in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (1); 2023, c. 9, Sched. 29, s. 10 (2). Same (2) Different classes of career colleges may be required to pay different premiums and levies and to meet different terms in respect of the premiums and levies, in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (2); 2023, c. 9, Sched. 29, s. 10 (2). Payment (3) Every career college shall remit the premiums and levies it is required to pay within 30 days of receiving a notice of a premium or levy in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (3); 2023, c. 9, Sched. 29, s. 10 (1). Failure to pay (4) If a career college fails to pay a premium or levy within the required time, it may be ch…

6 Every career college shall comply with the regulations respecting the providing of security or other methods of protecting the financial interests of its students. 2005, c. 28, Sched. L, s. 6; 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

Part III Prohibitions

7 (1) No person shall operate a career college unless the person is registered. 2005, c. 28, Sched. L, s. 7 (1); 2023, c. 9, Sched. 29, s. 10 (1). Holding oneself out (2) No person shall hold themself out as the operator of a career college unless the person is registered. 2005, c. 28, Sched. L, s. 7 (2); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

8 (1) No person shall offer or provide a vocational program for a fee unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 8 (1). Exception (2) Subsection (1) does not apply to, (a) a college of applied arts and technology established under any Act; (b) a university established under any Act; (c) a school as defined in subsection 1 (1) of the Education Act; or (d) Repealed: 2009, c. 33, Sched. 25, s. 5 (3). (e) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class. 2005, c. 28, Sched. L, s. 8 (2); 2009, c. 33, Sched. 25, s. 5 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (3) - 15/12/2009

9 (1) No person shall charge or collect a fee in relation to a vocational program unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 9 (1). Exception (2) Subsection (1) does not apply to, (a) a college of applied arts and technology established under any Act; (b) a university established under any Act; (c) a school as defined in subsection 1 (1) of the Education Act; or (d) Repealed: 2009, c. 33, Sched. 25, s. 5 (4). (e) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class. 2005, c. 28, Sched. L, s. 9 (2); 2009, c. 33, Sched. 25, s. 5 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 25, s. 5 (4) - 15/12/2009

10 No person shall grant to another person a credential or represent that a credential may be obtained from an educational institution or other institution, agency or entity unless the person is registered and both the provision of the vocational program leading to the credential and the granting of the credential have been approved by the Superintendent. 2010, c. 12, s. 16. Section Amendments with date in force (d/m/y) 2010, c. 12, s. 16 - 08/06/2010

11 (1) Subject to the regulations, no person shall advertise a career college or the establishment of a career college unless the person is registered. 2005, c. 28, Sched. L, s. 11 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) Subject to the regulations, no person shall advertise the provision of a vocational program at a career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 11 (2); 2023, c. 9, Sched. 29, s. 10 (1). Soliciting students (3) No person shall solicit another person to enrol as a student in a vocational program provided by a career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 11 (3); 2023, c. 9, Sched. 29, s. 10 (1). Use of term (4) No person shall make use of the ter…

12 (1) No action shall be brought against a student for a fee in relation to a vocational program unless the vocational program was provided by a career college the operator of which is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 12 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) The court may stay any action described in subsection (1) upon motion. 2005, c. 28, Sched. L, s. 12 (2). Exception (3) Subsections (1) and (2) do not apply to, (a) a college of applied arts and technology established under any Act; (b) a university established under any Act; (c) a school as defined in subsection 1 (1) of the Education Act; or (d) Repealed: 2009, c. 33, Sched. 25, s. 5 (5). (e) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class. 2005, c. 28, Sched. L, s. 12 (3)…

Part iv Registration

13 An application to be registered or to renew a registration shall be in a form approved by the Superintendent and shall contain such information as the Superintendent may require. 2005, c. 28, Sched. L, s. 13.

14 (1) The Superintendent shall register an applicant to operate a career college and shall renew an applicant’s registration if the Superintendent is satisfied that, (a) it is in the public interest to grant the registration or to renew the registration; (b) the applicant will operate the career college in compliance with this Act and the regulations; (c) the vocational programs that are provided, or are proposed to be provided, by the career college meet, or are likely to meet, the requirements of this Act and the regulations; (d) having regard to the applicant’s financial position, the applicant can be expected to be financially responsible in the operation of the career college; (e) the past conduct of the applicant or, if the applicant is a corporation, of its officers and directors, provides grounds for the belief that the career college will be operated in accordance with the law …

15 (1) A registration or renewal of a registration may be made subject to conditions specified by the Superintendent or prescribed by regulation. 2005, c. 28, Sched. L, s. 15 (1). Changes to conditions (2) The Superintendent may at any time, at the written request of the registrant or on his or her own initiative, add a condition to a registration or change or remove a condition of a registration that he or she had previously specified. 2005, c. 28, Sched. L, s. 15 (2). Registrant to comply with conditions (3) The registrant shall operate the career college in accordance with the conditions applicable to the registrant’s registration or renewal of registration. 2005, c. 28, Sched. L, s. 15 (3); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

16 A registration is not transferable to another person. 2005, c. 28, Sched. L, s. 16.

17 (1) A registration or renewal of a registration shall be, (a) for a term specified by the Superintendent in accordance with the regulations; or (b) if there are no regulations governing the term, for a term of one year, unless otherwise specified by the Superintendent. 2019, c. 4, Sched. 10, s. 1. (2) Repealed: 2019, c. 4, Sched. 10, s. 1. Continuance pending renewal (3) If a registration expires after the application for renewal is made but before the Superintendent makes a decision with respect to the application for renewal, the registration shall continue, (a) until the renewal is granted; or (b) if the Superintendent proposes to refuse the renewal under section 18, (i) until the time for requiring a hearing by the Tribunal under subsection 19 (3) expires, or (ii) if a hearing is required, until the Tribunal makes its order. 2005, c. 28, Sched. L, s. 17 (3). Section Amendments wit…

18 (1) Subject to section 19, the Superintendent may refuse to register an applicant if he or she is not satisfied that all of the requirements described in subsection 14 (1) are met. 2005, c. 28, Sched. L, s. 18 (1). Revocation, suspension, refusal to renew (2) Subject to section 19, the Superintendent may refuse to renew a registration or may suspend or revoke a registration if, (a) the Superintendent believes that a requirement described in subsection 14 (1) is no longer met; (b) the registrant has breached a condition of the registration; (c) the registrant has failed to comply with a provision of this Act or the regulations; (d) no students have enrolled in any vocational programs at the career college for at least two successive periods of the college’s registration under this Act; or (e) the registrant has failed to pay a penalty imposed by notice of contravention under section 39…

19 (1) The Superintendent shall give the applicant or registrant notice in writing if he or she proposes to, (a) refuse to register the applicant or refuse to renew the registrant’s registration; or (b) suspend or revoke the registrant’s registration. 2005, c. 28, Sched. L, s. 19 (1). Content of notice (2) A notice under subsection (1) shall set out the reasons for the proposed action and shall inform the applicant or registrant that the applicant or registrant is entitled to a hearing by the Tribunal if, within 15 days after service of the notice under this section, the applicant or registrant gives written notice to that effect to the Superintendent and the Tribunal. 2005, c. 28, Sched. L, s. 19 (2). Entitlement to hearing (3) If an applicant or registrant receives notice of a proposed action under subsection (1), the applicant or registrant is entitled to a hearing by the Tribunal if,…

20 (1) The Superintendent may suspend a registration immediately by giving the registrant a notice of immediate suspension if the Superintendent is of the opinion that it is necessary to do so, (a) for the immediate protection of the interests of the students or prospective students of the career college; or (b) to prevent a contravention of an Act of the Legislature or of Canada. 2005, c. 28, Sched. L, s. 20 (1); 2023, c. 9, Sched. 29, s. 10 (1). Content of notice (2) A notice of immediate suspension shall set out, (a) the reasons for the immediate suspension; (b) any additional action described in subsection 19 (1) that the Superintendent proposes to take; and (c) the right to require a hearing by the Tribunal if, within 15 days after service of the notice, the registrant gives written notice to that effect to the Superintendent and the Tribunal. 2005, c. 28, Sched. L, s. 20 (2). Heari…

21 (1) A person who is refused registration may reapply for registration at any time if the person satisfies the Superintendent that there has been a material change in the person’s circumstances. 2005, c. 28, Sched. L, s. 21 (1). Same (2) A person who is refused renewal of registration or the registration of which is revoked may reapply for registration if the person satisfies the Superintendent that there has been a material change in the person’s circumstances, but the person may not reapply for registration until two years have elapsed since the renewal was refused or the revocation took effect. 2005, c. 28, Sched. L, s. 21 (2).

22 A registrant may surrender the registrant’s registration at any time by giving the Superintendent written notice of the surrender accompanied by the certificate of registration. 2005, c. 28, Sched. L, s. 22.

part v approval of vocational programs

23 (1) It is a condition of every registration that the career college only provide those vocational programs for which it has received the approval of the Superintendent under this section. 2005, c. 28, Sched. L, s. 23 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) An application for approval to provide a specified vocational program shall be in a form approved by the Superintendent and shall contain such information as the Superintendent may require. 2005, c. 28, Sched. L, s. 23 (2). Same (3) The Superintendent shall approve the provision of a specified vocational program by a career college if the Superintendent is satisfied that, (a) the program will provide the skills and knowledge required in order to obtain employment in a prescribed vocation; and (b) the program is likely to meet the applicable standards and performance objectives set out in the Superintendent’s policy directive…

24 (1) The Superintendent may revoke a career college’s approval to provide a specified vocational program if the Superintendent believes that the program fails to meet the conditions of the approval or the applicable standards or performance objectives set out in the Superintendent’s policy directives. 2005, c. 28, Sched. L, s. 24 (1); 2023, c. 9, Sched. 29, s. 10 (1). Notice (2) The Superintendent shall give a registrant notice in writing of the revocation of approval. 2005, c. 28, Sched. L, s. 24 (2). Effective date (3) The revocation of approval is effective upon the registrant being served with the notice under subsection (2), or on such other date specified in the notice. 2005, c. 28, Sched. L, s. 24 (3). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

25 (1) Upon approving the provision of a specified vocational program by a career college, the Superintendent shall also approve the credential that the college may grant a student who successfully completes the program, in accordance with the policy directives issued by the Superintendent. 2005, c. 28, Sched. L, s. 25; 2023, c. 9, Sched. 29, s. 10 (1). Same, term (2) Subject to subsection (5), a college may grant a student the approved credential for successfully completing the program only if the program is completed during the period when the approval for the program is valid. 2010, c. 12, s. 18. Same, revocation by policy directive (3) Despite subsection (1), a policy directive issued under clause 53 (1) (b) may revoke an approval of a credential issued under this section. 2010, c. 12, s. 18. Same, reapplication for approval (4) Where an approval of a credential is revoked as the res…

26 Every career college shall make public, at the times and in the manner determined in accordance with the Superintendent’s policy directives, the information required by the policy directives relating to the performance indicators and performance objectives applicable to the college’s vocational programs. 2005, c. 28, Sched. L, s. 26; 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

Part vi Operation of Career Colleges

Duties of Registrant

27 (1) Every registrant shall operate a career college in accordance with this Act and the regulations. 2005, c. 28, Sched. L, s. 27 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) The registrant is responsible for complying with the obligations imposed on a career college under this Act. 2005, c. 28, Sched. L, s. 27 (2); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

Protection of Student Interests

28 (1) Every career college shall ensure that each contract entered into by the college and a student for the provision of one or more vocational programs for a fee is in writing. 2005, c. 28, Sched. L, s. 28 (1); 2023, c. 9, Sched. 29, s. 10 (1). Copy to student (2) Every career college shall give each student who has entered into such a contract with the college a copy of that student’s contract in accordance with the regulations. 2005, c. 28, Sched. L, s. 28 (2); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

29 (1) Every career college shall adopt a policy relating to the refund of fees paid by students to the college. 2005, c. 28, Sched. L, s. 29 (1); 2023, c. 9, Sched. 29, s. 10 (1). Content of policy (2) The fee refund policy shall include the prescribed provisions, including prescribed provisions respecting the refund of fees paid by international students. 2005, c. 28, Sched. L, s. 29 (2). Inclusion in contracts (3) The career college shall include its fee refund policy in every contract entered into by the career college and a student. 2005, c. 28, Sched. L, s. 29 (3); 2023, c. 9, Sched. 29, s. 10 (1). Definition (4) In this section, “international student” means an individual who applied for or received a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada). 2005, c. 28, Sched. L, s. 29 (4). Section Amendments with date in …

30 (1) Every career college shall ensure that each of its students and former students has access to his or her transcripts for at least 25 years after the student terminates studies at the college. 2005, c. 28, Sched. L, s. 30 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) Every career college shall follow the prescribed rules and practices to ensure that its students and former students have access to their transcripts. 2005, c. 28, Sched. L, s. 30 (2); 2023, c. 9, Sched. 29, s. 10 (1). Limitation (3) Subsections (1) and (2) only apply in respect of students who are enrolled in a career college or who terminate studies at a career college on or after the day this section comes into force. 2005, c. 28, Sched. L, s. 30 (3); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

31 (1) Every career college shall establish a procedure to resolve student complaints. 2005, c. 28, Sched. L, s. 31 (1); 2023, c. 9, Sched. 29, s. 10 (1). Content of procedure (2) The student complaint procedure shall include the prescribed procedures and rules. 2005, c. 28, Sched. L, s. 31 (2). Inclusion in contracts (3) The career college shall include its student complaint procedure in every contract entered into by the career college and a student. 2005, c. 28, Sched. L, s. 31 (3); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

32 The career college shall include the statement of students’ rights and responsibilities developed by the Superintendent under section 54 in every contract made between the career college and a student. 2005, c. 28, Sched. L, s. 32; 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

32.0.1 (1) In this section, “sexual misconduct” means, in relation to a student enrolled at a career college, (a) physical sexual relations with the student, touching of a sexual nature of the student or behaviour or remarks of a sexual nature toward the student by an employee of the career college where, (i) the act constitutes an offence under the Criminal Code (Canada), (ii) the act infringes the right of the student under clause 7 (3) (a) of the Human Rights Code to be free from a sexual solicitation or advance, or (iii) the act constitutes sexual misconduct as defined in the career college’s employee sexual misconduct policy or contravenes the policy or any other policy, rule or other requirement of the career college respecting sexual relations between employees and students, or (b) any conduct by an employee of the career college that infringes the right of the student under claus…

32.1 (1) In this section, “sexual violence” means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. 2016, c. 2, Sched. 5, s. 1. Sexual violence policy (2) It is a condition of every registration that a career college have a sexual violence policy that, (a) subject to subsection 32.0.1 (10), specifically and solely addresses sexual violence involving students enrolled at the career college; (b) sets out the process for how the career college will respond to and address incidents and complaints of sexual violence involving students enrolled at the career college, and includes the elements specif…

General

33 A career college shall not advertise the college or any vocational programs offered or provided by the college or permit such an advertisement unless the advertisement complies with such standards as may be prescribed. 2005, c. 28, Sched. L, s. 33; 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

34 (1) Every career college shall, within five days after the event, notify the Superintendent in writing of, (a) any change in, (i) if the registrant for the college is a corporation, the officers or directors of the corporation, (ii) if the registrant for the college is a partnership, the membership of the partnership; and (b) any other prescribed change. 2005, c. 28, Sched. L, s. 34 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) Every career college shall, at least 10 days before the event, notify the Superintendent in writing of, (a) any proposed change in its address for service or in its legal or operating name; and (b) any other proposed prescribed change. 2005, c. 28, Sched. L, s. 34 (2); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

35 (1) A career college shall not sell or permit the sale of the goods or services of a student of the college except as provided in subsections (2) and (3). 2005, c. 28, Sched. L, s. 35 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) A career college may sell any goods produced or created by a student in the course of a vocational program provided by the college and may provide a student’s services to the public or arrange for the provision of such services to the public if the goods are produced or created or the services are provided in order to satisfy the occupational training and experience requirements of a vocational program. 2005, c. 28, Sched. L, s. 35 (2); 2023, c. 9, Sched. 29, s. 10 (1). No profit (3) The amount for which a student’s goods or services may be sold shall not exceed the amount of the following costs incurred by the career college, as may be applicable: 1. The c…

36 (1) Any person who enters into a written contract with a career college to receive instruction in a vocational program may rescind the contract by delivering a written notice of rescission to the career college within two days after the person receives a copy of the contract as required by subsection 28 (2). 2005, c. 28, Sched. L, s. 36 (1); 2023, c. 9, Sched. 29, s. 10 (1). Address of career college (2) A notice of rescission shall be delivered to the career college at the address shown in the contract. 2005, c. 28, Sched. L, s. 36 (2); 2023, c. 9, Sched. 29, s. 10 (1). Return of goods and money (3) A person who delivers a notice of rescission shall immediately return any goods received under the contract and the career college shall return any money received under the contract. 2005, c. 28, Sched. L, s. 36 (3); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force …

37 (1) The Superintendent or his or her designate may at any time hold a meeting with the students and prospective students of a career college to advise the students and prospective students of any issues affecting the college and of their rights under this Act. 2005, c. 28, Sched. L, s. 37 (1); 2023, c. 9, Sched. 29, s. 10 (1). Same (2) A meeting under subsection (1) may be held at any location specified by the Superintendent or his or her designate, including at the career college and, in that case, the career college shall permit the meeting to be held at the college. 2005, c. 28, Sched. L, s. 37 (2); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

part vii Enforcement

Inquiries and Examinations Inquiries and examinations

38 (1) The Superintendent or a person designated by the Superintendent may make inquiries and conduct examinations of the affairs of a registrant to ensure that the registrant is complying with the conditions of the registrant’s registration and the requirements of this Act and the regulations. 2005, c. 28, Sched. L, s. 38 (1). Of other persons (2) If, in the Superintendent’s opinion, a person that is not a registrant is or was required to be registered, the Superintendent or a person designated by the Superintendent may make such inquiries and conduct such examinations of the person’s affairs as the Superintendent or designate considers appropriate in the circumstances. 2005, c. 28, Sched. L, s. 38 (2). Powers (3) The Superintendent or designate may, without a warrant, do any of the following things in the course of making an inquiry or conducting an examination: 1. Enter and inspect an…

Administrative Penalties

39 (1) If the Superintendent or person designated by the Superintendent believes that a person has contravened a prescribed provision of this Act or the regulations, the Superintendent or designate may 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. 2005, c. 28, Sched. L, s. 39 (1). 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 46. 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. 2005, c. 28, Sched. L, s. 39 (2). Amount of administra…

40 (1) If a person who is required to pay an administrative penalty under section 39 fails to pay the penalty within the time required under subsection 39 (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. 2005, c. 28, Sched. L, s. 40 (1). 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. 2005, c. 28, Sched. L, s. 40 (2).

41 An administrative penalty imposed under section 39 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such. 2005, c. 28, Sched. L, s. 41.

42 (1) The Minister of Finance may take one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of administrative penalties imposed under section 39 of this Act if, (a) a person is in default of their obligation to pay the administrative penalty; and (b) the Minister, as defined in subsection 1 (1), has entered into a memorandum of understanding under section 11.1 of the Ministry of Revenue Act for the Minister of Finance to provide collection services to the Ministry of the Minister, as defined in subsection 1 (1), and to enforce the collection of the administrative penalty. 2023, c. 9, Sched. 29, s. 6. No entitlement to notice, review or other procedural steps (2) Despite the rules of common law, a person is not entitled to notice of, a review of or any other procedural steps relating to the Minister of Finance …

43, 44 Repealed: 2023, c. 9, Sched. 29, s. 6. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 6 - 01/01/2024

45 The Superintendent or a person designated by the Superintendent may issue a notice of contravention to a person under subsection 39 (1) even though an order has been made or may be made against the person under section 46 or 47 or the person has been or may be prosecuted for or convicted of an offence with respect to the same contravention. 2005, c. 28, Sched. L, s. 45.

Restraining and Compliance Orders

46 (1) If the Superintendent believes that a person has contravened this Act or the regulations, the Superintendent may order the person to restrain from contravening this Act or the regulations. 2005, c. 28, Sched. L, s. 46 (1). Same (2) If the Superintendent believes that a registrant has breached a condition of the registrant’s registration or has otherwise contravened or failed to comply with a provision of this Act or the regulations, the Superintendent may order the registrant to comply with the conditions of the registration or with the provisions of this Act or the regulations. 2005, c. 28, Sched. L, s. 46 (2).

47 (1) On the application of the Superintendent, 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. 2005, c. 28, Sched. L, s. 47 (1). Interim order (2) In a proceeding under subsection (1), a judge may, on application of the Superintendent, 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. 2005, c. 28, Sched. L, s. 47 (2). Same (3) A judge may grant an interim order even though the Superintendent has not established that irreparable harm will be done if the order is not issued. 2005, c. 28, Sched. L, s. 47 (3). Same (4) A judge shall not require the …

Offences

48 (1) Every person is guilty of an offence if the person, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act; (b) fails to comply with any order, direction or other requirement made under this Act; or (c) contravenes any provision of this Act or the regulations. 2005, c. 28, Sched. L, s. 48 (1). Penalty (2) A person who is guilty of an offence under subsection (1) is liable on conviction, (a) in the case of an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both; and (b) in the case of a corporation, to a fine of not more than $250,000. 2005, c. 28, Sched. L, s. 48 (2); 2010, c. 12, s. 19. Officers and directors of corporation (3) Every director or officer of a corporation who knowingly concurs in the commission of an offence under …

part viii General Publication of information

49 (1) The Superintendent shall publish particulars of, (a) every refusal to renew a registration and every suspension or revocation of a registration once the period under subsection 19 (3) to require a hearing by the Tribunal in respect of a proposal to take such action has expired or, if such a hearing has been required, once the Tribunal has made its order; (b) every notice of contravention issued under subsection 39 (1) once the period to apply for a review of the notice of contravention under subsection 39 (6) has expired or, if such a review has been required, once the Minister has made his or her decision; and (c) every decision of the Minister under subsection 39 (9). 2005, c. 28, Sched. L, s. 49 (1). Orders (2) The Superintendent may publish particulars of any order made under section 46 or 47. 2005, c. 28, Sched. L, s. 49 (2). Program approvals (3) The Superintendent shall pub…

50 (1) For the purpose of carrying out his or her responsibilities under this Act, the Superintendent may require a career college or an applicant for registration to provide the Superintendent with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 2 of the Personal Information Protection and Electronic Documents Act (Canada), in respect of students, officers, directors or employees of the career college. 2005, c. 28, Sched. L, s. 50 (1); 2023, c. 9, Sched. 29, s. 10 (1). Limitation (2) The personal information in respect of students that may be required under subsection (1) shall be limited to students’ names, addresses, phone numbers and other contact information and shall be used only, (a) for the purpose of contacting students to advise them of their rights under this Act, including the …

51 (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 Superintendent using a method of mail delivery that permits the delivery to be verified; (b.1) 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 Superintendent; or (c) by fax of the document or by electronic mail if the person is equipped to receive such transmissions. 2005, c. 28, Sched. L, s. 51 (1); 2010, c. 12, s. 20 (1). Personal delivery (1.1) Personal delivery under clause (1) (a) is carried out by, (a) leaving a copy of the…

52 (1) A statement of the Superintendent certifying any of the following facts is, without proof of the office or signature of the Superintendent, evidence of those facts in any action, prosecution or other proceeding: 1. The registration or non-registration of any person. 2. The filing or non-filing of any document or material required or permitted to be filed with the Superintendent under this Act. 3. The time when any facts first came to the knowledge of the Superintendent or his or her designate. 4. The approval given to a career college to provide a specified vocational program or the revocation of such an approval. 5. Any other matter pertaining to an application for registration or renewal, an application for approval to provide a specified vocational program, a registration or non-registration, an approval or non-approval, a filing or non-filing or conditions of a registration or…

53 (1) The Superintendent may issue policy directives, (a) setting out standards, performance indicators and performance objectives for vocational programs or classes of vocational programs and governing the publication of information by career colleges respecting the performance indicators and performance objectives applicable to their vocational programs; (b) setting out credentials that career colleges may grant, and the classes of vocational programs for which such credentials may be granted; (c) exempting career colleges, or any class of them, from the requirement that they obtain approval for a specified class of vocational programs under section 23. 2005, c. 28, Sched. L, s. 53 (1); 2023, c. 9, Sched. 29, s. 10 (2). Same, revocation of approval (1.1) A policy directive issued under subsection (1) may revoke an approval for a vocational program or a class of vocational programs and…

54 The Superintendent shall develop a statement of students’ rights and responsibilities. 2005, c. 28, Sched. L, s. 54.

55 (1) The Lieutenant Governor in Council may make regulations, 1. prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations; 2. prescribing programs or classes of programs that are and are not vocational programs; 3. prescribing powers and duties of the Superintendent; 4. governing the Training Completion Assurance Fund to be established under section 3, including its establishment, functions, form, term and administration and prescribing rules governing its investment powers, including the securities in which it may and may not invest; 5. prescribing rules for the cancellation of bonds provided by career colleges as security under the Private Career Colleges Act before its repeal; 6. Repealed: 2020, c. 34, Sched. 21, s. 2; 7. prescribing forms of security or other methods of protecting the financia…

56 The Superintendent may approve forms for the purposes of this Act and provide for their use. 2005, c. 28, Sched. L, s. 56.

57 Within five years after the day section 8 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, and at five-year intervals thereafter, the Superintendent shall conduct a review of this Act. 2023, c. 9, Sched. 29, s. 8. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 8 - 01/01/2024

58 (1) A person that is registered under the Private Career Colleges Act immediately before this section comes into force shall be deemed to be registered under this Act and shall be deemed to have the approval under this Act to provide any vocational program that it offers or provides on that day. 2005, c. 28, Sched. L, s. 58 (1). Same (2) Any bond provided by a career college that has been declared forfeit before this section comes into force remains in effect in accordance with the terms and for the purposes specified under Private Career Colleges Act, as it read immediately before its repeal. 2005, c. 28, Sched. L, s. 58 (2); 2023, c. 9, Sched. 29, s. 10 (1). Same (3) A contract between a career college and a student entered into before this section comes into force remains in effect. 2005, c. 28, Sched. L, s. 58 (3); 2023, c. 9, Sched. 29, s. 10 (1). Section Amendments with date in …

59 A certificate of registration issued before the day section 9 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force is deemed to be a certificate of registration to operate a career college and the registrant shall be deemed to have the approval under this Act to provide any vocational program that it offers or provides on that day. 2023, c. 9, Sched. 29, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 29, s. 9 - 01/01/2024

60 Omitted (amends or repeals other Acts). 2005, c. 28, Sched. L, s. 60.

61 Omitted (provides for coming into force of provisions of this Act). 2005, c. 28, Sched. L, s. 61.

62 Omitted (enacts short title of this Act). 2005, c. 28, Sched. L, s. 62. ______________