June 5, 2022

These particulars are posted following the issuance of an administrative penalty for which a review was requested. Penalties may be reviewed upon request within 15 days of receipt of a Notice of Contravention. The review decision is made considering not only the information originally available at the time the Notice of Contravention was issued but also any new information not previously available that may have been supplied in support of the request for a review. On review, an administrative penalty may be upheld, rescinded or reduced. A review decision is final.

Original service date: November 2, 2021

Sheikh Ali Farooq
Sheikh Khalid Farooq
2585404 Ontario Inc. o/a Safe N Safe Trainers
3–1051 Tapscott Road
Toronto, ON M1X 1A1

Description

Act, s. 8 (1) — Prohibition against providing vocational programs

The Superintendent believes that The Business offers an unapproved vocational program.

The Business offers the provision of a “Commercial Truck Driver” program that is within the meaning of vocational program for the purposes of the Act. The offering or providing of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 8 (1) of the Act.

Original amount

$1000/ accruing daily

Contravention continued for 3 days following issuance.

Total: $3000

Review decision

The balance of evidence indicates that Safe and Safe Trainers:

Provided one or more unapproved vocational programs for a fee, including, but not limited to, Commercial Driver Training AZ program, thus contravening s. 8(1) of the Act;

Penalty following the review: $2000

Description

Act, s. 11 — Restrictions on advertising and soliciting

The Superintendent believes that The Business advertises the provision of an unapproved vocational program.

The Business advertises the provision of a “Commercial Truck Driver” program through the Business’s website and Facebook page. The advertising of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 11 (2) of the Act.

Original amount

$1000/ accruing daily

Contravention continued for 3 days following issuance.

Total: $3000

Review decision

The balance of evidence indicates that Safe and Safe Trainers:

Advertised one or more unapproved vocational programs on its website www.safensafetrainers.com, Facebook page and during in-person meetings with prospective students, thus contravening s. 11(2) of the Act.

Penalty following the review: $2000

Description

Act,s. 38 (10) — Inquiries and examinations, Obstruction

The Superintendent believes that the Business provided false and misleading information to designates making inquiries pursuant to Section 38 of the Act by:

  • Telling designates during a Section 38 inquiry that they only provide training to persons who already possess a Class A Licence.
  • Providing false and misleading information related to PCC application references.
    (Effective January 1, 2004: PCC  amended to "career colleges.")

Original amount

$1000 one-time

Review decision

The balance of evidence indicates that Safe and Safe Trainers:

During the site visit that took place on March 4, 2021, provided to a designate of the Superintendent of Private Career Colleges information on matters relevant to the inquiry that they knew to be false or misleading, thus contravening s. 38(10) of the Act.

Penalty following the review: $1000

Total

Having conducted the review, I found that Safe and Safe Trainers contravened sections 8(1), 11(2) and 38(10) of the Act but that the prescribed penalty is excessive in the circumstances. Therefore, I decided to reduce the amount of the penalty from $7,000 to $5,000.

$5,000