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Ontario Career Colleges Act, 2005

ONTARIO REGULATION 415/06

general

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 353/23.

Legislative History: 377/08, 401/09, 428/12, 187/13, 132/16, 466/16, 222/18, 240/18, 492/18, 468/21, 647/21, 881/21, 353/23.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
EXCLUDED INSTITUTIONS

2.

Institutions excluded from application of Act

PART III
REGISTRATION

3.

Content of application

4.

Public interest criteria

5.

Conditions of registration: insurance

6.

Trust account

PART IV
VOCATIONAL PROGRAMS

7.

Vocations

8.

Vocational programs

9.

Exemptions

10.

Application for approval

11.

Program information

12.

Condition of approval and duration

13.

Substantial change to vocational program

14.

Transitional

PART V
ADVERTISEMENT

15.

Definition

16.

Content of advertisement

17.

Advertising records

18.

Misleading statements

PART VI
ADMISSIONS REQUIREMENTS AND CONTRACTS

19.

Admission requirements

20.

Contract terms

20.1

Copy of contract

21.

Other contracts

22.

Void contracts

22.1

Condition of contract re attendance

23.

Copies of contracts

PART VII
PROTECTION OF STUDENT INTERESTS

24.

Fee refund policy

25.

Full refunds

26.

Full refunds minus service fee

27.

Partial refunds

28.

Refund of compulsory fees

29.

No retention of refund

30.

Timing of refunds

31.

Treatment of books and equipment

32.

Notice of withdrawal for international students

33.

Currency

34.

Student transcripts

35.

Transcript content

36.

Student complaint procedure

36.0.1

Accommodation re sexual violence

36.0.2

Sexual violence policy

PART VII.1
INFORMATION CONCERNING STUDENTS AND GRADUATES

36.1

Information, students and graduates

36.2

Purpose for collection of information

36.3

Posting information

PART VIII
OPERATION OF COLLEGE

37.

Required presence in Ontario

38.

Display of certificate of registration

41.

Qualifications of instructional staff

42.

Personal information re: instructors

43.

Itemized list of fees

44.

Charging fees

45.

Student files

46.

Credentials

47.

Notice re: change of ownership

48.

Notice of other changes

PART X
ADMINISTRATIVE PENALTIES

51.

Prescribed penalties for prescribed contraventions

52.

Application for review of notice of contravention

Table 1

Administrative penalties

 

Part I
Interpretation

Definitions

1. (1) In this Regulation,

“campus” means a location at which a career college offers one or more vocational programs; (“campus”)

“international student” means a student at a career college who applied for or received a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada); (“étudiant étranger”)

“prospective international student” means a person who is required to apply for and receive a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) in order to enrol at a career college. (“étudiant étranger éventuel”)  O. Reg. 415/06, s. 1; O. Reg. 353/23, s. 22.

(2) A reference to a vocational program in this Regulation is a reference to a vocational program that has been approved by the Superintendent under section 23 of the Act.  O. Reg. 377/08, s. 1.

Part II
Excluded Institutions

Institutions excluded from application of Act

2. (1) The institutions, agencies and entities described in paragraphs 1, 2 and 3 are prescribed under clause (e) of the definition of “career college” in subsection 1 (1) of the Act as a class of institutions, agencies and entities that are not career colleges and are prescribed for the purposes of clauses 8 (2) (e), 9 (2) (e) and 12 (3) (e) of the Act:

1.  Institutions, agencies and entities that provide vocational programs but do not have any of the following elements of physical presence in Ontario:

i.  A head office.

ii.  A postal address or a telephone or fax number in Ontario.

iii.  The occupancy of real property in Ontario for the purposes of providing or administering vocational programs.

iv.  The employment in Ontario of an agent or manager who provides or arranges the provision of vocational programs in Ontario, an employee who teaches vocational programs in Ontario, an administrator or a person who invigilates examinations in Ontario.

2.  An Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017.

3.  An institution, agency or entity that,

i.  provides vocational programs for a fee, in accordance with an agreement with a publicly-assisted university established under any Act, only to students who hold a study permit issued under the Immigration and Refugee Protection Act (Canada),

ii.  does not provide vocational programs for a fee to any other students, and

iii.  has been designated by the Minister as a designated learning institution for the purposes of the Immigration and Refugee Protection Regulations (Canada). O. Reg. 415/06, s. 2 (1); O. Reg. 377/08, s. 2; O. Reg. 240/18, s. 1; O. Reg. 468/21, s. 1; O. Reg. 353/23, s. 22.

(2) The following institutions are prescribed under clause (e) of the definition of “career college” in subsection 1 (1) of the Act as an institution, agency or entity that is not a career college and are prescribed for the purposes of clauses 8 (2) (e), 9 (2) (e) and 12 (3) (e) of the Act:

1.  Revoked: O. Reg. 466/16, s. 1.

2.  The Hospital for Sick Children, Toronto.

3.  The Michener Institute for Applied Health Sciences, Toronto.

4.  The Niagara Parks Commission School of Horticulture.  O. Reg. 415/06, s. 2 (2); O. Reg. 466/16, s. 1; O. Reg. 353/23, s. 22.

Part III
Registration

Content of application

3. (1) In addition to the information that may be required by the Superintendent under section 13 of the Act, a person applying for registration with respect to a career college shall include the following information in the application:

1.  A list of the proposed vocational programs and all other programs that the career college proposes to offer.

2.  A copy of all contract forms proposed to be used between the career college and a prospective student, including contract forms with respect to programs that are not vocational programs.

3.  The names, addresses and telephone numbers of three persons who are not related to the applicant and who are able to provide references as to the character and reputation of,

i.  the applicant, in the case of an applicant who is not a corporation, or

ii.  the officers and directors of the applicant, in the case of an applicant who is a corporation.

4.  If the applicant intends to advertise,

i.  a copy of the advertising and marketing materials proposed to be used in any form of written publication, including publication on the internet, in all the languages in which the advertisement is to appear, and

ii.  a copy of the text of a proposed radio or television broadcast in all the languages in which the text is to be broadcast.

5.  If an advertisement or material referred to in paragraph 4 is to be published or broadcast in a language other than English or French, a translation of the text prepared by a person whose primary employment is translation or who has trained as a translator.

6.  If the applicant is not also the individual responsible for the administration of a campus of the college, the name, address, telephone number, fax number and e-mail address of that individual.

7.  Any operating or business name of the applicant registered under the Business Names Act if that name is different from the applicant’s legal name.

8.  If applicable, evidence that an application has been made to the Minister for an approval to use the term “college” or “institute”, or its French equivalent, under the Business Corporations Act, Not-for-Profit Corporations Act, 2010 or the Business Names Act or evidence that such an approval has been given.

9.  A copy of any agreement between the applicant and any person retained to maintain or issue transcripts in accordance with paragraph 1, 3 or 4 of section 34.

10.  A copy of the college’s student complaint procedure established in accordance with section 31 of the Act.

11.  Evidence of the insurance required under subsection 5 (2).

12.  A copy of any partnership or franchise agreement.

13.  In the case of an application by a corporation, a copy of an up-to-date corporation profile report filed under the Corporations Information Act.

14.  A copy of any fire inspection report on the buildings used by the career college for purposes of providing instruction.

15.  A copy of the college’s expulsion policy.

15.1  A copy of the college’s sexual violence policy.

16.  Revoked: O. Reg. 492/18, s. 1.

17.  The projected enrolment for both domestic and international students in each program.  O. Reg. 415/06, s. 3 (1); O. Reg. 132/16, s. 1; O. Reg. 466/16, s. 2; O. Reg. 492/18, s. 1; O. Reg. 353/23, s. 1 (1), 22.

(2) An application for registration with respect to a career college shall be accompanied by an application for approval for each vocational program that the college proposes to offer, made in accordance with Part IV.  O. Reg. 415/06, s. 3 (2); O. Reg. 353/23, s. 22.

(3) An application for renewal of a registration to operate a career college shall set out in detail any change proposed to the information provided in the application for registration or in the applicant’s most recent application for renewal, in addition to the information that may be required by the Superintendent under section 13 of the Act.  O. Reg. 415/06, s. 3 (3); O. Reg. 353/23, s. 22.

(4) An application for renewal of a registration to operate a career college shall set out the college’s total enrolment in each vocational program and the enrolment of international students in each vocational program during the college’s last fiscal year.  O. Reg. 415/06, s. 3 (4); O. Reg. 377/08, s. 3; O. Reg. 353/23, s. 22.

(5) An application for renewal of a registration to operate a career college shall be made within six months after the end of the college’s fiscal year.  O. Reg. 415/06, s. 3 (5); O. Reg. 353/23, s. 22.

(6) If a career college fails to apply for renewal of its registration within the time period referred to in subsection (5) but applies within eight months after the end of the college’s fiscal year, the college shall pay, in addition to the renewal fee payable under subsection (7), a penalty in an amount that is 50 per cent of the renewal fee unless the Superintendent is satisfied that there were reasonable grounds for the failure to apply in time. O. Reg. 353/23, s. 1 (2).

(6.1) If a career college fails to apply for renewal of its registration within eight months after the end of the college’s fiscal year, the college’s registration shall expire. O. Reg. 353/23, s. 1 (2).

(7) An application for registration or for renewal of registration shall be accompanied by the fees required by the Minister under section 7 of the Ministry of Training, Colleges and Universities Act.  O. Reg. 415/06, s. 3 (7).

(8) Revoked: O. Reg. 353/23, s. 1 (3).

Public interest criteria

4. For the purposes of subsection 14 (2) of the Act, the Superintendent shall consider the following criteria in determining whether it is in the public interest to issue or renew a registration for a career college:

1.  Whether sufficient information has been provided by the applicant to conduct a proper assessment of the quality of the applicant’s vocational programs.

2.  Whether any of the applicant’s vocational programs are in respect of vocations for which employers or regulatory bodies normally require prospective employees or members of the regulated occupation or profession to have a university degree or a degree from an institution, other than a university, that is authorized to grant the degree under the Post-secondary Education Choice and Excellence Act, 2000 or under a special Act that establishes or governs the institution.

3.  Whether the vocational programs would jeopardize public health or safety.  O. Reg. 415/06, s. 4; O. Reg. 353/23, s. 22.

Conditions of registration: insurance

5. (1) Compliance with subsections (2) and (3) is prescribed as a condition of registration.  O. Reg. 415/06, s. 5 (1).

(2) Every person who operates a career college shall ensure that the college is insured and that the insurance coverage is sufficient to,

(a)  compensate the college for any damages to its buildings or equipment; and

(b)  protect the college, and save harmless any of its officers, employees, agents and any volunteers, in the case of any claims made in respect of accidents that occur or personal injuries that are suffered by students while attending the college, including accidents that occur off-campus if attendance at such places is required as part of a vocational program.  O. Reg. 415/06, s. 5 (2); O. Reg. 353/23, s. 22.

(3) A person who was registered to operate a career college under the Private Career Colleges Act on the day before this section comes into force shall maintain any insurance coverage in effect at that time until the person complies with this section.  O. Reg. 415/06, s. 5 (3); O. Reg. 353/23, s. 22.

(4) Revoked: O. Reg. 466/16, s. 3.

Trust account

6. A career college that was required by this section, as it read on December 31, 2018, to hold fees in a trust account may withdraw or disburse any remaining funds held in the trust account. O. Reg. 492/18, s. 2; O. Reg. 353/23, s. 22.

Part IV
Vocational Programs

Vocations

7. (1) For the purposes of the definition of “vocational program” in subsection 1 (1) of the Act and subject to subsection (2) of this section, each occupation included in the document entitled “National Occupational Classification, 2016 – Occupational Description” published by Human Resources and Skills Development Canada and Statistics Canada in 2016, is prescribed as a vocation. O. Reg. 466/16, s. 4.

(2) The following occupations are not prescribed as vocations for the purposes of the definition of “vocational program” in subsection 1 (1) of the Act, even though they are included in the document referred to in subsection (1) of this section:

1.  National Occupational Classification (NOC) Code Number 3125, Other professional occupations in health diagnosing and treating.

2.  NOC Code Number 3232, Practitioners of natural healing.

3.  NOC Code Number 5232, Other performers, not elsewhere classified.

4.  NOC Minor Group Code Number 525, Athletes, coaches, referees and related occupations.

5.  NOC Code Number 6564, Other personal service occupations. O. Reg. 466/16, s. 4.

(3) Despite paragraph 2 of subsection (2), the vocation named “shiatsu therapist” or “therapist, shiatsu” under NOC Code Number 3232 is prescribed as a vocation for the purposes of the definition of “vocational program” in subsection 1 (1) of the Act. O. Reg. 222/18, s. 1.

Vocational programs

8. The following classes of programs are prescribed as programs that are vocational programs for the purposes of the Act and the regulations:

1.  Programs that provide skills and training in the use or servicing of a product where,

i.  the vendor or manufacturer of the product issues designations to persons who are qualified to work in areas related to the operation, maintenance, sale or servicing of the product, and

ii.  the skills and training provided by the program are in demand by employers.

2.  Programs in respect of fire protection or police work that prepare students for admission to training programs in those occupations prescribed under the Fire Protection and Prevention Act, 1997 or the Police Services Act.  O. Reg. 415/06, s. 8.

Exemptions

9. (1) The following classes of programs are prescribed as programs that are not vocational programs for the purposes of the Act and the regulations:

1.  Programs that provide instruction for work in a religious vocation, whether or not the program is provided by a religious organization.

2.  Programs that are less than 40 hours in duration.

3.  Programs for which a fee of less than $2,000 is charged.

4.  Programs that are offered exclusively to persons under the age of 18 years.

5.  Programs to which an Act of the Legislature other than the Ontario Career Colleges Act, 2005 or an Act of Canada applies, if that Act contains protections similar to those in the Ontario Career Colleges Act, 2005 relating to program quality and to student interests.  O. Reg. 415/06, s. 9 (1); O. Reg. 492/18, s. 3; O. Reg. 353/23, s. 2.

(2) Paragraph 2 of subsection (1) does not apply to a vocational program that falls within a class of vocational programs in respect of which the Superintendent has issued a directive under section 53 of the Act requiring that such vocational programs be longer than 40 hours in duration.  O. Reg. 415/06, s. 9 (2).

(3) Subsection (1) applies to a program described in that subsection even though the program may otherwise meet the requirements of a vocational program as defined in subsection 1 (1) of the Act.  O. Reg. 415/06, s. 9 (3).

Application for approval

10. (1) In addition to any information that may be required by the Superintendent under subsection 23 (2) of the Act or section 43, an application for approval of a vocational program shall include the following information:

1.  A description of the admission requirements for the program, including minimum educational requirements, any of the career college’s policies and procedures for granting advanced standing and the particulars of any qualifying test required to be taken by a prospective student.

2.  Information relating to the content of the program as required under section 11.

3.  Two copies, in blank, of the credential that the college proposes to issue to students who successfully complete the program.

4.  A list of the equipment and facilities to be used in providing the program.

5.  If the program relates to a profession or occupation that is governed by a regulatory body, or for which a professional or occupational association or organization exists, any statement relating to the program and any report on it made or prepared by or on behalf of the regulatory body of the profession or occupation or the professional association or organization.

6.  Any statement relating to the program made by a representative of the government of any province, territory or country or report prepared in relation to the program by such a representative.

7.  If another post-secondary educational institution recognizes the successful completion of the program by granting credits towards the completion of a program offered by that institution, a statement to that effect signed by an officer or director of the institution or a person having authority to bind the institution.  O. Reg. 415/06, s. 10 (1); O. Reg. 353/23, s. 3.

(2) An application for approval of a vocational program shall be accompanied by the fee required by the Minister under section 7 of the Ministry of Training, Colleges and Universities Act.  O. Reg. 415/06, s. 10 (2).

Program information

11. (1) An application for approval of a vocational program shall include a description of the program prepared by the applicant that contains,

(a)  the name and a brief description of every subject and module included in the program;

(b)  the number of hours of instruction required for each subject and module; and

(c)  a description of the system of evaluation for the program and for every subject and module in it.  O. Reg. 415/06, s. 11 (1).

(2) A person who applies for approval of a vocational program shall ensure that the Superintendent is provided with a copy of the report of an evaluation of the program conducted by a person who has expertise in the evaluation of such programs and is approved by the Superintendent.  O. Reg. 415/06, s. 11 (2).

(3) The evaluation shall be conducted at the expense of the career college. O. Reg. 353/23, s. 4.

(4) The person who conducts the evaluation shall submit the report directly to the Superintendent.  O. Reg. 415/06, s. 11 (4).

Condition of approval and duration

12. (1) It is a condition of an approval of a vocational program that the career college give each student enrolled in the program a written evaluation of the student’s progress, as follows:

1.  If the program is scheduled to be up to 12 months in duration, the evaluation shall be given before half of the scheduled hours of instruction for the program have taken place.

2.  If the program is scheduled to be more than 12 months in duration, an evaluation respecting the student’s progress in the initial 12-month period, and in each subsequent period, shall be given before half of the scheduled hours of instruction for that period have taken place. O. Reg. 415/06, s. 12 (1); O. Reg. 353/23, s. 5 (1).

(2) For the purposes of subsection 23 (5) of the Act, the period during which an approval of a vocational program granted by the Superintendent is valid is a period of five years or such other period as may be specified by the Superintendent in the approval. O. Reg. 415/06, s. 12 (2); O. Reg. 353/23, s. 5 (2).

Substantial change to vocational program

13. (1) For the purposes of subsection 23 (6) of the Act, the following changes constitute a substantial change to a vocational program:

1.  A change in the program that would result in a change in the degree of knowledge or specialization with respect to the vocation.

2.  A change in the duration of the program.

3.  A change in the mode of delivering the program.

4.  The introduction or deletion of a practicum.

5.  A change in admission requirements.

6.  A change in the requirements for successful completion of the program and for promotion within the program.

7.  A change in the career college’s policies and procedures for granting advanced standing.

8.  A reduction or loss of equipment, facilities and learning resources.

9.  A change in the title of the program.

10.  Any change that would adversely affect the career college’s ability to comply with the conditions of the Superintendent’s approval.  O. Reg. 415/06, s. 13 (1); O. Reg. 353/23, s. 22.

(2) In addition to any information that may be required by the Superintendent under subsection 23 (2) of the Act, an application for approval of a substantial change to a vocational program shall include a description of the proposed change and the rationale for the change.  O. Reg. 415/06, s. 13 (2).

(3) An application for approval of substantial change to a vocational program shall be accompanied by the fee required by the Minister under section 7 of the Ministry of Training, Colleges and Universities Act.  O. Reg. 415/06, s. 13 (3).

Transitional

14. (1) The approval of a vocational program that was issued by the Superintendent on a day before the day this Regulation comes into force continues to be valid after that day.  O. Reg. 415/06, s. 14 (1).

(2) The Superintendent may give notice to a career college that offers a vocational program that was approved on a day before the day this Regulation comes into force to apply for a renewal of the approval on or before a day specified in the notice.  O. Reg. 415/06, s. 14 (2); O. Reg. 353/23, s. 22.

(3) If a career college applies for a renewal of an approval of a vocational program in respect of which a notice is received under subsection (2), the renewal shall not be granted unless the applicant meets all the requirements of the Act and of this Regulation.  O. Reg. 415/06, s. 14 (3); O. Reg. 353/23, s. 22.

(4) The approval of a vocational program in respect of which a notice of renewal is issued under subsection (2) remains valid until,

(a)  if an application for renewal is not made to the Superintendent on or before the day specified in the notice, that day; or

(b)  if an application for renewal is made to the Superintendent on or before the day specified in the notice, the day the Superintendent renews the approval or gives notice of a decision not to renew the approval.  O. Reg. 415/06, s. 14 (4).

Part V
Advertisement

Definition

15. In this Part,

“advertisement” means an advertisement in any language, whether written or oral, distributed or transmitted by any means including by publication, radio, television or the internet.  O. Reg. 415/06, s. 15.

Content of advertisement

16. (1) Every career college shall ensure that an advertisement of the college or of a vocational program offered at the college meets the following requirements:

1.  The advertisement shall give the operating or business name registered under the Business Names Act or, if none, the college’s legal name.

2.  The advertisement shall not contain a statement, image or video that,

i.  misleads or is likely to mislead the public,

ii.  guarantees admission to or successful completion of a vocational program offered at the college,

iii.  implies that employment is assured for any students who successfully complete a vocational program offered at the college,

iv.  implies that the admission of a prospective international student to a career college will guarantee the student the right to enter Canada under the Immigration and Refugee Protection Act (Canada) or to receive a visa or other document required under that Act.

3.  If the advertisement refers to the fact that a person has been registered under the Act to operate the college, the advertisement must use the following words to do so: “Registered as a career college under the Ontario Career Colleges Act, 2005” or the words, “Inscrit à titre de collège privé d’enseignement professionnel en vertu de la Loi de 2005 sur les collèges d’enseignement professionnel de l’Ontario”.

4.  If the advertisement refers to the fact that a particular vocational program has been approved by the Superintendent under section 23 of the Act, the advertisement must use the following words to do so: “Approved as a vocational program under the Ontario Career Colleges Act, 2005” or the words, “Autorisé à titre de programme de formation professionnelle en vertu de la Loi de 2005 sur les collèges d’enseignement professionnel de l’Ontario”.

5.  An advertisement that refers to a program that is not a vocational program must clearly indicate that the program is not a vocational program by using the words,  “This program does not require approval under the Ontario Career Colleges Act, 2005” or the words, “Ce programme ne requiert pas d’autorisation en vertu de la Loi de 2005 sur les collèges d’enseignement professionnel de l’Ontario”, if,

i.  the advertisement refers to programs that are vocational programs as well as to programs that are not vocational programs and refers to the approved status of the vocational programs, or

ii.  the advertisement refers to programs that are not vocational programs and refers to the college’s registered status under the Act.

6.  If the advertisement refers to a vocational program and the program’s language of instruction is neither English nor French, the advertisement shall state the program’s language of instruction.  O. Reg. 415/06, s. 16 (1); O. Reg. 466/16, s. 5; O. Reg. 353/23, s. 6 (1), 22.

(2) Revoked: O. Reg. 353/23, s. 6 (2).

Advertising records

17. (1) A career college shall maintain a physical or electronic copy of the following material related to each advertisement for a period of one year after the date of the last publication or broadcast of the advertisement:

1.  The text of the advertisement, whether the advertisement is written or oral.

1.1  If the advertisement is a video or contains an image, a copy of the video or image in a format that can be viewed.

2.  The period during which the advertisement was published or broadcast.

3.  If the advertisement has been published or broadcast in a language other than English or French, a translation of the text prepared by a person whose primary employment is translation or who has trained as a translator.

4.  If the advertisement contains a testimonial, endorsement or representation of opinion, a record of the testimonial, endorsement or representation of opinion signed by the person who made it or a record that the person granted the college permission to use it in the advertisement.

5.  If the advertisement refers to the fact that a vocational program is recognized as a valid program for training by the regulatory body of a profession or occupation or by a professional or occupational association or organization, a statement recognizing the program signed by or on behalf of the regulatory body or the association or organization.

6.  If the advertisement refers to the fact that a vocational program has been recognized by the government of any province, territory or country for a particular purpose, a statement to that effect signed by a representative of the government.

7.  If the advertisement refers to the fact that another post-secondary educational institution recognizes the successful completion of a vocational program by granting credits towards the completion of a program offered by that institution, a statement to that effect signed by an officer or director of the institution or a person having authority to bind the institution.  O. Reg. 415/06, s. 17 (1); O. Reg. 466/16, s. 6; O. Reg. 353/23, s. 7 (1, 2).

(2) Subject to subsection (3), if a career college maintains physical copies of any material referred to in subsection (1), a physical copy shall be maintained at each campus of the career college in Ontario. O. Reg. 353/23, s. 7 (3).

(3) With the approval of the Superintendent, a career college may maintain a physical copy,

(a)  at its head office situated in Ontario; or

(b)  if the college does not have a head office in Ontario, at an address of the person engaged or employed by the college as agent, manager or administrator under section 37.  O. Reg. 415/06, s. 17 (3); O. Reg. 377/08, s. 4; O. Reg. 353/23, s. 7 (4), 22.

Misleading statements

18. (1) No person, operator, officer, director, employee or agent acting on behalf of a career college shall make or disseminate any of the following for the purpose of inducing a student or prospective student to enrol in a program or to enter into a contract with a career college:

1.  A false or misleading written or oral statement.

2.  A false or misleading image or video.

3.  A statement described in paragraph 2 of section 16. O. Reg. 466/16, s. 7; O. Reg. 353/23, s. 8, 22.

(2) If a person referred to in subsection (1) makes or disseminates a statement, image or video contrary to that subsection and the statement, image or video constitutes a fundamental breach of a contract between the student and the college, the contract is voidable by the student. O. Reg. 466/16, s. 7.

(3) If the contract is rendered void by the student, no money is payable by the student under the contract.  O. Reg. 415/06, s. 18 (3).

Part VI
Admissions Requirements and Contracts

Admission requirements

19. (1) It is a condition of registration of an operator of a career college that no student be admitted to a vocational program at the college unless the student meets the admission requirements for the program established by the college and those set out in subsection (3).  O. Reg. 415/06, s. 19 (1); O. Reg. 353/23, s. 22.

(2) Despite subsection (1), a student who does not meet the admission requirements referred to in that subsection on the day he or she enrols in the program may be admitted to the program as long as the student meets the requirements before the program commences.  O. Reg. 415/06, s. 19 (2).

(3) An applicant for admission to the program shall meet one of the following admission requirements:

1.  The applicant must,

i.  have received a diploma from a school in Ontario that is a secondary school within the meaning of the Education Act or an equivalent diploma, or

ii.  meet such other academic qualifications as are specified by the Superintendent as a condition to the approval of the vocational program under section 23 of the Act.

2.  If an applicant does not meet the academic qualifications required by subparagraph 1 i, the applicant must,

i.  be, on or before the day the program commences, at least 18 years of age or such other age as may be specified by the Superintendent as a condition to the approval of the vocational program under section 23 of the Act, and

ii.  successfully complete a qualifying test that has been approved by the Superintendent.  O. Reg. 415/06, s. 19 (3); O. Reg. 377/08, s. 5.

(4) A career college shall not establish an admission requirement that is contrary to the requirements set out in subsection (3).  O. Reg. 415/06, s. 19 (4); O. Reg. 353/23, s. 22.

(5) If the admission requirements for a vocational program that apply under this section differ from the admission requirements that applied before the day this section comes into force, a person who was admitted to a vocational program before that day in accordance with the previous admission requirements is deemed to meet the new admission requirements and his or her admission to the program is valid for all purposes.  O. Reg. 415/06, s. 19 (5).

(6) A career college shall not impose undue pressure on, coerce or otherwise require a student to obtain a product or service from a particular person, including the career college and any of its affiliates, as a requirement for admission to a vocational program offered by the college.  O. Reg. 415/06, s. 19 (6); O. Reg. 353/23, s. 22.

(7) For the purposes of subsection (6), a person or entity is affiliated with a career college if one of them is controlled, directly or indirectly, by the other or both are controlled by the same person or entity.  O. Reg. 415/06, s. 19 (7); O. Reg. 353/23, s. 22.

Contract terms

20. (1) Every contract entered into by a career college and a student for the provision of a vocational program shall include the following terms:

1.  The name of the vocational program as approved by the Superintendent under section 23 of the Act.

1.1  The legal name of the career college.

2.  The student’s address and telephone number and, if applicable, his or her e-mail address.

3.  The start and expected completion date for the vocational program.

4.  The language of instruction for the vocational program.

5.  The admission requirements for the vocational program.

6.  The fees, expressed in Canadian dollars, payable by the student and a schedule indicating the time and amount of each payment.

6.1  If a student is required to pay for products or services, including books, equipment, processing applications or conducting admission tests or assessments, an itemized list of the fees payable for each such product or service, expressed in Canadian dollars.

7.  A statement in bold face type that the career college does not guarantee employment for any student who successfully completes a vocational program offered by the college.

8.  A statement in bold face type that the contract is subject to the Ontario Career Colleges Act, 2005 and the regulations made under the Act.

9.  An acknowledgement by the student that he or she has received a copy of the college’s fee refund policy, as required under subsection 29 (3) of the Act.

10.  An acknowledgement by the student that he or she has received a copy of the statement of student rights and responsibilities developed by the Superintendent, as required under section 32 of the Act.

11.  An acknowledgement by the student that he or she has received a copy of the college’s student complaint procedure, as required under subsection 31 (3) of the Act.

11.1  An acknowledgement by the student that he or she has received a copy of the college’s sexual violence policy, as required under subsection 32.1 (4) of the Act.

12.  A copy of the consent to the collection and use of personal information required under subsection 50 (3) of the Act in the wording required under subsection (2).

13.  An acknowledgement by the student that he or she has received a copy of the career college’s policy relating to the expulsion of students.

14.  The schedule of hours of instruction and the method of program delivery for all scheduled hours of instruction.

15.  The location where instruction will be provided, including the location of any practicum. If instruction or a practicum will be provided on a website, the website address.

16.  A statement in bold face type that the student is entitled to a copy of the signed contract immediately after it is signed. O. Reg. 415/06, s. 20 (1); O. Reg. 132/16, s. 2; O. Reg. 466/16, s. 8 (1, 2); O. Reg. 353/23, s. 9 (1-3), 22.

(2) For the purposes of subsection 50 (3) of the Act, the following wording, or its French equivalent in the French version of this Regulation, is prescribed for a student’s consent:

Career colleges must be registered under the Ontario Career Colleges Act, 2005, which is administered by the Superintendent of Career Colleges.  The Act protects students by requiring career colleges to follow specific rules on, for example, fee refunds, training completions if the college closes, qualifications of instructors, access to transcripts and advertising.  It also requires colleges to publish and meet certain performance objectives that may be required by the Superintendent for their vocational programs.  This information may be used by other students when they are deciding where to obtain their training.  The consent set out below will help the Superintendent to ensure that current and future students receive the protection provided by the Act.

I, [insert student’s name], allow [insert legal name or legal and operating names of career college] to give my name, address, telephone number, e-mail address and other contact information to the Superintendent of Career Colleges for the purposes checked below:

□ To advise me of my rights under the Ontario Career Colleges Act, 2005 including my rights to a refund of fees, access to transcripts and a formal student complaint procedure; and

□ To determine whether [insert legal name or legal and operating names of career college] has met the performance objectives required by the Superintendent for its vocational programs.

I understand that I can refuse to sign this consent form and that I can withdraw my consent at any time for future uses of my personal information by writing to [add contact information of college].  I understand that if I refuse or withdraw my consent the Superintendent may not be able to contact me to inform me of my rights under the Act.

O. Reg. 353/23, s. 9 (4).

(3) Revoked: O. Reg. 466/16, s. 8 (3).

Copy of contract

20.1 For the purposes of subsection 28 (2) of the Act, a career college that enters into a contract with a student for the provision of a vocational program shall give the student a copy of the signed contract immediately after it is signed. O. Reg. 466/16, s. 9; O. Reg. 353/23, s. 22.

Other contracts

21. A career college shall ensure that in a contract for the provision of a program that is not a vocational program,

(a)  the terms referred to in paragraphs 8, 10 and 12 of subsection 20 (1) are not included; and

(b)  a statement that the Ontario Career Colleges Act, 2005 does not apply to the program is included in bold face type. O. Reg. 466/16, s. 10; O. Reg. 353/23, s. 10, 22.

Void contracts

22. A contract for the provision of a vocational program between a career college and a student that does not contain all of the terms required under section 20 is voidable by the student.  O. Reg. 415/06, s. 22; O. Reg. 353/23, s. 22.

Condition of contract re attendance

22.1 It is a condition of a contract between the student and the career college that the college may cancel the contract within the first 45 days of the start date for the vocational program specified in the contract if the student does not attend the program within the first 14 days. O. Reg. 353/23, s. 11.

Copies of contracts

23. A career college that enters into a contract with a student for the provision of a vocational program shall retain a physical or electronic copy of the contract for at least three years after the date the student ceases to be a student at the career college.  O. Reg. 415/06, s. 23; O. Reg. 353/23, s. 12, 22.

Part VII
Protection of Student Interests

Fee refund policy

24. (1) The definitions set out in subsection (2) and the provisions set out in sections 25 to 33 are prescribed as provisions that a career college is required, by section 29 of the Act, to include in its fee refund policy. O. Reg. 353/23, s. 13.

(2) In sections 25 to 27,

“earned fees” means the amount of all fees paid for a vocational program that is proportional to the number of instruction hours that have taken place when a withdrawal or expulsion occurs; (“droits acquis”)

“program mid-point” means the point in the progress of a vocational program where half of the scheduled hours of instruction for the program have taken place; (“mi-parcours du programme”)

“service fee” means the lesser of 20 per cent of all vocational program fees and $500. (“frais de service”) O. Reg. 353/23, s. 13.

Full refunds

25. If a student has entered into a contract with a career college for a vocational program, the college shall give a refund of all fees paid for the program in the following circumstances:

1.  The student rescinds (cancels) the contract in writing within two days of receiving a copy of it, in accordance with section 36 of the Act.

2.  Before the student completes the program, the college discontinues the program or the college’s approval to provide the program is revoked by the Superintendent, but the college remains registered under the Act.

3.  The college collects any fees before receiving a certificate of registration from the Superintendent.

4.  The college collects any fees before the program was approved by the Superintendent.

5.  The college collects any fees other than a service fee before the student has entered into a contract with the college.

6.  The college expels the student in a manner or for reasons that are contrary to the college’s expulsion policy.

7.  The college does not provide an evaluation, in writing, of the student’s progress as required under section 12.

8.  The student voids the contract under subsection 18 (2) due to a statement, image or video made by the college that is prohibited under subsection 18 (1).

9.  The student voids the contract under section 22 because it is missing a term required under section 20.

10.  The student receives instruction from an instructor who is not qualified under section 41 for more than 10 per cent of the program’s duration. O. Reg. 353/23, s. 13.

Full refunds minus service fee

26. A career college shall give a refund of all fees paid for a vocational program, except the service fee, in the following circumstances:

1.  The student gives written notice to the college, before the program start date specified in the student’s contract with the college, that the student is withdrawing from the program.

2.  The student is admitted to the program on the condition that the student meet specified admission requirements before the program start date specified in the student’s contract with the college, and the student does not meet the requirements before that day.

3.  The student does not attend the program within the first 14 days of the program after the program start date specified in the student’s contract with the college and is given written notice that the contract is cancelled from the college within the first 45 days of the program.

4.  The college is notified by or on behalf of an international student before the program mid-point that the international student has not been issued a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada). O. Reg. 353/23, s. 13.

Partial refunds

27. (1) A career college shall give a student a refund of the fees paid for a vocational program in accordance with this section if,

(a)  the student withdraws from the program after the program start date specified in the student’s contract with the college; or

(b)  the student is expelled from the program for a reason permitted under the college’s expulsion policy. O. Reg. 353/23, s. 13.

(2) If a student’s program is scheduled to be up to 12 months in duration, the career college shall give a refund for the program as follows:

1.  If the withdrawal or expulsion occurs before the program mid-point, the college shall give a refund equal to the amount of all fees paid, less the service fee and any earned fees.

2.  If the withdrawal or expulsion occurs after the program mid-point, no refund is required for the program. O. Reg. 353/23, s. 13.

(3) If a student’s program is scheduled to be more than 12 months in duration, the career college shall give a refund for the initial 12-month period of the program and any subsequent period as follows:

1.  If the withdrawal or expulsion occurs before half of the scheduled hours of instruction have taken place for the period, the college shall give a refund equal to the amount of all fees paid for the period, less the service fee and any earned fees.

2.  If the withdrawal or expulsion occurs after half of the scheduled hours of instruction have taken place for the period, no refund is required for that period.

3.  If a period has not yet started at the time of the withdrawal or expulsion, the college shall give a refund of all fees paid for that period. O. Reg. 353/23, s. 13.

Refund of compulsory fees

28. (1) A career college may only charge or collect compulsory fees in relation to a vocational program after the fees have been published by the Superintendent under subsection 43 (2). O. Reg. 353/23, s. 13.

(2) If a career college collects a compulsory fee that has not been published by the Superintendent under subsection 43 (2), the college shall give a refund of the fee to the student on written request from the student. O. Reg. 353/23, s. 13.

No retention of refund

29. A career college shall not retain any refund of fees payable to a student under sections 25 to 28 in order to recover or set-off an amount a student owes the college for any service or program other than a vocational program offered by the college. O. Reg. 353/23, s. 13.

Timing of refunds

30. A refund payable by the career college must be issued to students within 30 days after the day a student,

(a)  delivers a written notice to withdraw from the program to the college;

(b)  is given a written notice of expulsion by the college; or

(c)  delivers a written request for a refund to the college under subsection 28 (2). O. Reg. 353/23, s. 13.

Treatment of books and equipment

31. In calculating a refund under sections 25 to 28, a career college may retain the retail cost of books or equipment that the career college supplied to the student if the student,

(a)  fails to return the books or equipment to the career college within 10 days of the student’s withdrawal or expulsion from the program; or

(b)  returns the books or equipment to the career college within the 10-day period referred to in clause (a), but fails to return it unopened or in the same state it was in when supplied.  O. Reg. 415/06, s. 31; O. Reg. 353/23, s. 14, 22.

Notice of withdrawal for international students

32. A notice to a career college that is provided by or on behalf of an international student or of a prospective international student and that states that the student has not been issued a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) is deemed to be written notice to the college that a student is rescinding (cancelling) the contract under section 36 of the Act or withdrawing from the program. O. Reg. 353/23, s. 15.

Currency

33. Any refund of fees that a career college is required to pay under the Act shall be paid in Canadian dollars.  O. Reg. 415/06, s. 33; O. Reg. 353/23, s. 22.

Student transcripts

34. (1) The following rules and practices are prescribed for the purposes of subsection 30 (2) of the Act as the rules and practices that every career college must follow to ensure that its students and former students have access to their transcripts:

1.  Every current and former student’s transcript shall be kept in physical or electronic form.

2.  A physical or electronic copy of every current student’s transcript shall be kept in accordance with subsection 30 (1) of the Act at the campus of the career college the student is attending or at a facility approved by the Superintendent that is located at a place that is physically separate from the college and that is owned and operated by a person that is not affiliated with the college.

2.1  A physical or electronic copy of every former student’s transcript shall be kept at a facility referred to in paragraph 2 and shall be sent to the facility within 60 days of the completion of the vocational program by the student or of the student’s withdrawal or expulsion, as the case may be.

3.  A career college shall retain a person approved by the Superintendent to issue transcripts to students in the event that the college ceases to operate.

4.  A career college may retain a person approved by the Superintendent to issue transcripts to students while it is operating.

5.  A career college shall inform the Superintendent of any of the following changes at least five days prior to the change:

i.  A change in the owner, operator or location of a facility referred to in paragraph 2.

ii.  A change in the person retained under paragraph 3 or 4 and, if the person is a corporation or business, in the location of its head office.

6.  A request for an official transcript by or on behalf of a student or former student may be made to the career college or to a person retained under paragraph 3 or 4.

7.  Despite paragraph 6, a career college must, upon request, by a student or former student retrieve any transcript located at a facility on behalf of the student.  O. Reg. 415/06, s. 34 (1); O. Reg. 353/23, s. 16, 22.

(2) Revoked: O. Reg. 466/16, s. 11.

Transcript content

35. (1) Every career college shall ensure that every student transcript includes the following information:

1.  The name of the career college as it appears on the registration for the college and the address of the college.

2.  The name and student number, if any, of the student or former student.

3.  The name and identification code, if any, of the vocational program, each course and practicum in which the student or former student is or was enrolled, including courses in progress.

4.  A description of any credit or advanced standing given to the student or former student by the career college or accepted by the college prior to the commencement by the student or former student of the college’s vocational program.

5.  The academic history of the student or former student at the career college, including his or her period of attendance, the grade received for each course and practicum in the vocational program and a description of the grading system.

6.  Any academic awards and honours given to the student or former student by the career college.

7.  A description of any credential awarded to a former student and the date of the award.

8.  The date the transcript is issued.  O. Reg. 415/06, s. 35 (1); O. Reg. 353/23, s. 22.

(2) A transcript is an official transcript if,

(a)  in the case of a transcript issued by a career college, it is certified by an official of the college as a true and accurate transcript and it bears the college’s official seal, if it has one; or

(b)  in the case of a transcript issued by a person retained in accordance with paragraph 3 or 4 of section 34, it is certified by that person as a true and accurate copy of the transcript.  O. Reg. 415/06, s. 35 (2); O. Reg. 353/23, s. 22.

Student complaint procedure

36. (1) The student complaint procedure required under section 31 of the Act shall include,

(a)  a requirement that a complaint be made in writing;

(b)  the person or persons, identified by position, who will decide whether to dismiss the complaint or make a recommendation as to any further action in relation to the complaint;

(c)  the process to be followed by the career college in dealing with the complaint which shall include,

(i)  giving the student making the complaint an opportunity to make oral submissions,

(ii)  allowing the student to have a person present with the student at all stages of the proceedings, and

(iii)  the right of the student to have the person referred to in subclause (ii) make the oral submissions on his or her behalf;

(d)  a description of the manner in which complaints, submissions and decisions will be recorded;

(e)  a maximum length of time that may elapse between the date the complaint is submitted and the date a decision is issued by the college;

(f)  a requirement that the decision be delivered to the student in writing and include reasons;

(g)  a procedure for reviewing a decision;

(h)  a requirement that, for every complaint, the college maintain either a physical record of the complaint at the campus where the complaint originated, or an electronic record, for a period of at least three years from the date of the decision relating to the complaint, which record shall include a copy of the complaint, of any submission filed with respect to the complaint and of the decision; and

(i)  a requirement that the college provide the student who makes a complaint with a copy of the record referred to in clause (h).  O. Reg. 415/06, s. 36 (1); O. Reg. 353/23, s. 17, 22.

(2) If a student is not satisfied with a career college’s resolution of his or her complaint in accordance with the procedure set out in subsection (1), the student may refer the matter to the Superintendent and shall include in his or her application to the Superintendent a copy of the record referred to in clause (1) (h).  O. Reg. 415/06, s. 36 (2); O. Reg. 353/23, s. 22.

(3) A career college shall, as a condition of its registration, file a copy of any changes to the procedure with the Superintendent.  O. Reg. 415/06, s. 36 (3); O. Reg. 353/23, s. 22.

(4) A change to a career college’s complaint procedure shall not come into effect until approved by the Superintendent.  O. Reg. 415/06, s. 36 (4); O. Reg. 353/23, s. 22.

(5) Revoked: O. Reg. 466/16, s. 12.

Accommodation re sexual violence

36.0.1 (1) A career college shall appropriately accommodate the needs of students who are affected by sexual violence. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(2) No career college shall charge a fee for the provision of supports, services or accommodation to students who are affected by sexual violence, or for referring a student to any such supports or services that are available off-campus. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

Sexual violence policy

36.0.2 (1) A career college shall ensure that its sexual violence policy,

(a)  provides information about the supports and services available at the career college or through its agent for students who are affected by sexual violence, and identifies the specific official, office or department at the career college that should be contacted to obtain such supports and services;

(b)  provides information about the supports and services available in the community for students who are affected by sexual violence;

(c)  informs students that the career college will appropriately accommodate the needs of students who are affected by sexual violence, and identifies the specific official, office or department at the career college that should be contacted to obtain such accommodations;

(d)  informs students that they are not required to report an incident of, or make a complaint about, sexual violence under the process referred to in paragraph 1 of subsection (2) in order to obtain the supports and services referred to in clause (a) or the accommodation referred to in clause (c);

(d.1)  informs students that if they, in good faith, report an incident of, or make a complaint about, sexual violence, they will not be subject to discipline or sanctions for violations of the career college’s policies relating to drug or alcohol use at the time the alleged sexual violence occurred; and

(e)  includes the information set out in subsection (2) respecting the career college’s process for responding to and addressing incidents and complaints of sexual violence, as required by clause 32.1 (2) (b) of the Act. O. Reg. 132/16, s. 3; O. Reg. 647/21, s. 1 (1); O. Reg. 353/23, s. 22.

(2) For the purposes of clause (1) (e), a sexual violence policy shall include the following information:

1.  The process to be followed by persons who wish to report an incident of, or make a complaint about, sexual violence including the specific official, office or department to whom the incident should be reported or the complaint should be made.

2.  Examples of the measures that may be implemented for the purpose of protecting a person reporting an incident of, or making a complaint about, sexual violence from retaliation and the threat of retaliation.

3.  The process for deciding whether an incident or complaint of sexual violence will be investigated by the career college.

4.  The statement that a victim may choose not to request an investigation by the career college, and has the right not to participate in any investigation that may occur.

5.  The investigation and decision-making processes at the career college that will take place if an incident or complaint of sexual violence is investigated.

6.  The specific officials, offices or departments that will be involved in each stage of the investigation and decision-making processes.

7.  A description of the elements of procedural fairness that will be part of the investigation and decision-making processes.

8.  The statement that a party to an investigation or decision-making process has the right to have a person present with him or her at every stage of the process.

9.  Examples of the interim measures that may be implemented while an incident or complaint is being investigated or a decision is being made regarding the incident or complaint.

10.  Examples of the decisions that may be made and measures that may be imposed after an incident or complaint is investigated.

11.  The measures that will be implemented to protect and keep confidential the personal information of the persons involved in the investigation of an incident or complaint.

12.  A description of the appeal processes that may be available related to decisions resulting from the investigation process.

13.  The roles and responsibilities of the corporate directors, controlling shareholders, owners, partners, other persons who manage or direct the affairs of the career college, agents, students, instructors and other employees upon becoming aware of incidents or complaints of sexual violence.

14.  A statement that students who disclose their experience of sexual violence through reporting an incident of, making a complaint about, or accessing supports and services for sexual violence, will not be asked irrelevant questions during the investigation process by the career college’s staff or investigators, including irrelevant questions relating to the student’s sexual expression or past sexual history. O. Reg. 132/16, s. 3; O. Reg. 647/21, s. 1 (2); O. Reg. 353/23, s. 22.

(3) The sexual violence policy shall be published on the career college’s website or, where the career college does not have a website, posted in a conspicuous location at each of its campuses. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(4) A career college shall provide or make available training on its sexual violence policy to the following persons:

1.  Corporate directors, controlling shareholders, owners, partners and other persons who manage or direct the affairs of the career college, and their agents.

2.  Instructors, staff and other employees and contractors of the career college.

3.  Students enrolled at the career college. O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(5) The training shall include training on the career college’s process for responding to and addressing incidents and complaints of sexual violence, including the elements set out in subsection (2). O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

(6) If a career college’s sexual violence policy conflicts with its expulsion policy, the sexual violence policy prevails.  O. Reg. 132/16, s. 3; O. Reg. 353/23, s. 22.

Part VII.1
Information Concerning Students and Graduates

Information, students and graduates

36.1 (1) On the request of the Superintendent, career colleges shall provide the following information about a current student or graduate:

1.  The individual’s name.

2.  The individual’s student number.

3.  The individual’s permanent address and his or her local address if it differs from the permanent address.

4.  The individual’s permanent and local telephone numbers and cell phone number, if any.

5.  The individual’s email address.

6.  The individual’s date of birth.

7.  The individual’s gender.

8.  Whether the individual’s first language is English or French.

9.  Whether the individual requires accommodation in order to participate in a survey.

10.  Whether the individual is or was on a student visa.

11.  Whether the individual received a student loan under the Ministry of Training, Colleges and Universities Act or any other government funding.  

12.  The details of the individual’s program, including its name, duration (in hours and weeks), format (whether full-time or part-time) and whether the program involves or involved a practicum. O. Reg. 187/13, s. 1; O. Reg. 353/23, s. 22.

(2) In addition to the information requested under subsection (1), the Superintendent may require that career colleges provide the following information about their graduates:

1.  The graduates’ dates of graduation.

2.  The term or semester in which the graduates graduated.

3.  The pass rate for the program. O. Reg. 187/13, s. 1; O. Reg. 353/23, s. 22.

Purpose for collection of information

36.2 (1) The Superintendent may collect the information referred to in section 36.1 solely for the purpose of developing performance indicators. O. Reg. 187/13, s. 1.

(2) The Superintendent shall ensure that,

(a)  for the benefit of the public, the information on the performance indicators is published; and

(b)  the information is published in an aggregate form so that individuals cannot be identified. O. Reg. 187/13, s. 1.

Posting information

36.3 For the purpose of the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act, the Superintendent shall post public notice of the collection of information under section 36.1 on a website of the Government of Ontario. O. Reg. 187/13, s. 1; O. Reg. 466/16, s. 13.

Part VIII
Operation of College

Required presence in Ontario

37. (1) A career college shall engage or employ an agent, manager or person responsible for the administration of the college in Ontario who has authority to accept or cancel contracts for the career college and to refund fees paid by or on behalf of a student attending or admitted to the college.  O. Reg. 415/06, s. 37 (1); O. Reg. 353/23, s. 22.

(2) A career college shall have a postal address in Ontario.  O. Reg. 415/06, s. 37 (2); O. Reg. 353/23, s. 22.

Display of certificate of registration

38. A career college shall display its certificate of registration in a conspicuous location at the entrance to the career college or in some other location on the premises where it can be readily observed by the students and the public.  O. Reg. 415/06, s. 38; O. Reg. 353/23, s. 22.

39., 40. Revoked: O. Reg. 353/23, s. 18.

Qualifications of instructional staff

41. (1) A career college shall not employ a person to provide instruction in a vocational program unless,

(a)  the person has one of the following qualifications:

(i)  the person has at least 48 months of experience, acquired within the preceding 10 years, working in the vocation or teaching a program to prepare students for employment in the vocation, or a combination of the two,

(ii)  the person has at least 24 months of experience, acquired within the preceding 10 years, working in the vocation or teaching a program to prepare students for employment in the vocation, or a combination of the two, and one of the educational qualifications described in subsection (2); and

(b)  in the case of a vocation that is governed by a regulatory body that has prescribed qualifications for persons instructing students, the qualifications prescribed by the body.  O. Reg. 415/06, s. 41 (1); O. Reg. 466/16, s. 14; O. Reg. 353/23, s. 22.

(2) A person referred to in subclause (1) (a) (ii) must have one of the following educational qualifications:

(a)  The person holds a Bachelor degree from a university in Ontario or another post-secondary institution authorized to grant the degree under the Post-secondary Education Choice and Excellence Act, 2000 or under a special Act of the Assembly that establishes or governs the institution;

(b)  The person holds a Bachelor degree from a university or other post-secondary institution in another province or territory of Canada or a degree from a university or post-secondary institution outside Canada that is equivalent to a Bachelor degree described in clause (a);

(c)  The person is a graduate of a college of applied arts and technology established under an Act of the Assembly or of an equivalent institution outside Ontario;

(d)  The person is a graduate of a career college registered under the Act or a predecessor of the Act or of an equivalent institution outside Ontario;

(e)  The person holds a certificate of qualification issued under the Building Opportunities in the Skilled Trades Act, 2021, and the certificate is not suspended, or an equivalent certificate issued under legislation of another province or territory of Canada.  O. Reg. 415/06, s. 41 (2); O. Reg. 428/12, s. 1; O. Reg. 881/21, s. 1; O. Reg. 353/23, s. 22.

(3) Despite subsection (1), a career college may employ a person who does not meet the requirements of subsection (1) as an instructor in a vocational program if the person is approved by the Superintendent for the purposes of providing instruction at the college.  O. Reg. 415/06, s. 41 (3); O. Reg. 353/23, s. 22.

(4) The Superintendent shall approve the employment of a person as an instructor at a career college under subsection (3) if, in the opinion of the Superintendent, the person is proficient in the vocation or in the subjects in which the person proposes to provide instruction.  O. Reg. 415/06, s. 41 (4); O. Reg. 353/23, s. 22.

(5) Despite subsections (1) and (3), a career college may employ persons as substitute instructors in a vocational program even though they do not meet the requirements of those subsections but in no case shall all such persons instruct for a temporary period that is, in the aggregate, in excess of 10 per cent of the program’s duration.  O. Reg. 415/06, s. 41 (5); O. Reg. 353/23, s. 22.

(6) Despite subsections (1), (3) and (4), a person who is employed as an instructor in a vocational program at a career college on the day this section comes into force may continue to teach the program if the person met the qualifications required under Regulation 939 of the Revised Regulations of Ontario, 1990 (General) immediately before that day.  O. Reg. 415/06, s. 41 (6); O. Reg. 353/23, s. 22.

Personal information re: instructors

42. (1) No career college shall employ a person as instructor in a vocational program at the college unless the instructor completes a form containing such personal information as may be required by the Superintendent under section 50 of the Act and submits the form to the college.  O. Reg. 415/06, s. 42 (1); O. Reg. 353/23, s. 22.

(2) The career college shall keep a physical or electronic record of personal information provided under subsection (1). O. Reg. 353/23, s. 19.

(3) If a career college keeps a physical record, it shall be kept at the campus of the college at which the person is employed. O. Reg. 353/23, s. 19.

Itemized list of fees

43. (1) Upon application for approval of a vocational program, a career college shall provide the Superintendent with an itemized list of all fees, expressed in Canadian dollars that will be charged by the college to a prospective student or a student who enrols in the program, including tuition fees, cost of books, and any administrative charges and other compulsory or optional fees, whether or not such fees are charged in relation to the vocational program.  O. Reg. 415/06, s. 43 (1); O. Reg. 377/08, s. 6; O. Reg. 466/16, s. 15 (1); O. Reg. 353/23, s. 22.

(2) The Superintendent shall publish on a website of the Government of Ontario the fees charged in relation to a vocational program, except optional fees, provided by a career college under subsection (1).  O. Reg. 415/06, s. 43 (2); O. Reg. 466/16, s. 15 (2); O. Reg. 353/23, s. 22.

Charging fees

44. (1) A career college shall not charge a prospective or enrolled student more than the amount listed for each item on the itemized list provided to the Superintendent under subsection 43 (1) of all fees charged with respect to the vocational program.  O. Reg. 415/06, s. 44 (1); O. Reg. 377/08, s. 7; O. Reg. 353/23, s. 22.

(2) Subject to subsection (3), a career college shall not collect a fee from a person who wishes to enrol in a vocational program until the college and the person have entered into a written contract for the provision of the vocational program.  O. Reg. 415/06, s. 44 (2); O. Reg. 353/23, s. 22.

(3) Before entering into a written contract for the provision of a vocational program, a career college may charge and collect a fee of $500 or 20 per cent of the total fees payable with respect to the program, whichever is less, for processing an application for the program or conducting admission tests or assessments.  O. Reg. 415/06, s. 44 (3); O. Reg. 353/23, s. 22.

(4) Revoked: O. Reg. 492/18, s. 4.

(5) Revoked: O. Reg. 466/16, s. 16.

(6) A career college shall only charge and accept payment of a fee in relation to a vocational program in Canadian dollars.  O. Reg. 415/06, s. 44 (6); O. Reg. 353/23, s. 22.

(7) Upon collecting a fee from a student enrolled in a vocational program, a career college shall issue a receipt setting out the name of the college and of the vocational program, an itemized list of all fees paid, the name of the student and the date the receipt was issued.  O. Reg. 415/06, s. 44 (7); O. Reg. 353/23, s. 22.

Student files

45. (1) A career college shall maintain a physical or electronic file containing the following information on each of its students:

1.  Full name, date of birth, residential address while enrolled, permanent address, phone numbers at the residential and the permanent address, and any cell phone number or e-mail address.

2.  A record of the results of any academic evaluations of the student by the college.

3.  A copy of the signed contract between the college and the student.

4.  A copy of evidence verifying that student has met the admission requirements in accordance with subsections 19 (3), (4) and (5) and any other admission requirements established by the college.

5.  If the student has withdrawn or been expelled from a program, copies of the withdrawal or expulsion letter, any refund calculation and any refund cheque.

6.  A copy of all receipts issued to the student for the payment of fees as required under subsection 44 (7).  O. Reg. 415/06, s. 45 (1); O. Reg. 353/23, s. 20, 22.

(2) Each student file shall be kept for at least three years from the date the student left the program.  O. Reg. 415/06, s. 45 (2); O. Reg. 377/08, s. 8.

Credentials

46. (1) A career college shall issue the credential approved by the Superintendent under section 25 of the Act for a vocational program to every student who successfully completes the program and fulfils the terms of his or her contract with the college.  O. Reg. 415/06, s. 46 (1); O. Reg. 353/23, s. 22.

(2) A career college shall issue the credential to the student within 60 days of the day the student successfully completes the program and fulfils the terms of the contract.  O. Reg. 415/06, s. 46 (2); O. Reg. 353/23, s. 22.

Notice re: change of ownership

47. (1) A career college shall give the Superintendent notice of any change in the ownership of the college whether the change is carried out by way of,

(a)  transfer of all or substantially all of the assets of the college;

(b)  in the case of a corporation, a transfer of the shares of the corporation that would be sufficient to allow the person acquiring the shares to make a change to the corporation’s board of directors;

(c)  in the case of a partnership, a change in the partners.  O. Reg. 415/06, s. 47 (1); O. Reg. 466/16, s. 17; O. Reg. 353/23, s. 22.

(2) The notice of the change of ownership shall be given to the Superintendent at least 30 days before the change occurs and shall include the following information:

1.  A copy of the documents that will effect the change such as any amended articles of incorporation, amended articles of amalgamation, revised partnership agreement, agreement of purchase and sale and a corporation profile report filed under the Corporations Information Act.

2.  The name, address, telephone number, fax number and e-mail address of any new director, officer or person responsible for the administration of a campus of the career college.

3.  Such other information as the Superintendent may require.  O. Reg. 415/06, s. 47 (2); O. Reg. 353/23, s. 22.

(3) A notice of change of ownership shall be in such form as the Superintendent may require and shall be accompanied by the fee required by the Minister under section 7 of the Ministry of Training, Colleges and Universities Act.  O. Reg. 415/06, s. 47 (3).

Notice of other changes

48. (1) A career college shall give the Superintendent written notice of any of the following changes within five days of the change occurring:

1.  A change in the person responsible for the administration of a campus of a career college.

2.  A change in e-mail address, telephone number or fax number for a career college’s head office and for any of its campuses.  O. Reg. 415/06, s. 48 (1); O. Reg. 353/23, s. 22.

(2) A career college shall give the Superintendent 30 days written notice of a proposed change in the address of its head office or a campus.  O. Reg. 415/06, s. 48 (2); O. Reg. 353/23, s. 22.

(3) A career college that intends to discontinue a vocational program that has commenced and in which students are enrolled shall give the Superintendent written notice of that fact at least 14 days before the date on which the program will be discontinued and shall provide confirmation of the training completion plan or fee refund arrangements made with the students.  O. Reg. 415/06, s. 48 (3); O. Reg. 353/23, s. 22.

Part IX (s. 49, 50) Revoked: O. Reg. 466/16, s. 18.

Part X
ADMINISTRATIVE PENALTIES

Prescribed penalties for prescribed contraventions

51. (1) The administrative penalty for the first contravention of one or more provisions set out in a single item of Table 1 is the amount set out for that item in Column 2 of Table 1.  O. Reg. 401/09, s. 1.

(2) If, within three years after the first contravention of a provision set out in an item of Table 1, a subsequent contravention of a provision set out in the same item occurs, the administrative penalty is,

(a)  for the second contravention, twice the amount set out for that item in Column 2 of Table 1;

(b)  for the third contravention, three times the amount set out for that item in Column 2 of Table 1;

(c)  for each contravention after the third, four times the amount set out for that item in Column 2 of Table 1.  O. Reg. 401/09, s. 1.

(3) If a contravention of one or more provisions set out in a single item of Table 1 continues for two or more successive days, and the Superintendent or his or her designate determines that the circumstances described in one or more paragraphs of subsection (4) exist, the administrative penalty is the amount determined under subsections (1) and (2) multiplied by the number of successive days that the contravention of a provision set out in that item continues.  O. Reg. 401/09, s. 1.

(4) The circumstances referred to in subsection (3) are:

1.  The person has a history of non-compliance with the Act or the regulations, as evidenced by,

i.  reports of inquiries made or examinations conducted under section 38 of the Act,

ii.  orders issued by the Superintendent under section 46 of the Act, or

iii.  convictions for offences committed under section 48 of the Act.

2.  The person is contravening or has previously contravened section 7, 8, 9, 10 or 11 of the Act.

3.  The contravention places students who are currently enrolled in a career college, or will place students who enrol in a career college, in financial jeopardy.  O. Reg. 401/09, s. 1; O. Reg. 353/23, s. 22.

(5) When issuing a notice of contravention to a person under subsection 39 (1) of the Act, the Superintendent or his or her designate shall issue only one notice of contravention for all contraventions that have occurred or are occurring at the same time.  O. Reg. 401/09, s. 1.

(6) The maximum total amount that a notice of contravention may require a person to pay for all contraventions set out in the notice is $250,000.  O. Reg. 401/09, s. 1.

Application for review of notice of contravention

52. An application to the Minister under subsection 39 (6) of the Act for review of a notice of contravention shall set out the grounds on which the review is sought and shall be accompanied by the documentary evidence, if any, that is relevant to the review.  O. Reg. 401/09, s. 1.

TABLE 1
administrative penalties

Item

Column 1
Contravened Provisions, with Headnotes

Column 2
Amount of Administrative Penalty ($)

1.1

Act, s. 7 — Prohibition against operating a career college

1,000

1.2

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

1,000

1.3

Act, s. 9 — Prohibition against charging fee

1,000

1.4

Act, s. 10 — Prohibition against use of credentials

1,000

1.5

Act, s. 11 — Restrictions on advertising and soliciting

1,000

1.6

Act, s. 28 — Contract

1,000

1.7

Act, s. 38 (6) — Inquiries and examinations, Duty to assist

1,000

1.8

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

1,000

1.9

Failure to comply with an order of the Superintendent made under s. 46 of the Act

1,000

1.10

Act, s. 33 — Advertising, read with O. Reg. 415/06, s. 16 paragraph 2  — Content of advertisement

1,000

1.11

O. Reg. 415/06, s. 41 — Qualifications of instructional staff

1,000

1.12

O. Reg. 415/06, ss. 47 (1) and (2) — Notice re change of ownership

1,000

2.1

Act, s. 15 (3) — Registrant to comply with conditions

750

2.2

Act, s. 23 (6) — Changes to vocational program

750

2.3

Act, s. 30 — Access to transcripts, read with O. Reg. 415/06, s. 34 — Student transcripts

750

2.4

Act, s. 33 — Advertising, read with O. Reg. 415/06, s. 16 paragraphs 1, 3, 4, 5 and 6 — Content of advertisement

750

2.5

Act, s. 34 (2) — Notice of proposed change

750

2.6

O. Reg. 415/06, s. 44 — Charging fees

750

2.7

O. Reg. 415/06, s. 45 — Student files

750

3.1

Act, s. 29 — Fee refund policy, read with O. Reg. 415/06, ss. 24 to 33

500

3.2

Act, s. 31 — Complaint procedure, read with O. Reg. 415/06, s. 36 (1) — Student complaint procedure

500

3.3

Revoked: O. Reg. 353/23, s. 21 (2).

 

3.4

O. Reg. 415/06, s. 42 — Personal information re: instructors

500

4.1

Act, s. 26 — Information re performance indicators, objectives

250

4.2

Act, s. 32 — Statement of students’ rights and responsibilities

250

4.3

Act, s. 34 (1) — Notice of change

250

4.4

Act, s. 35 — Sale of students’ goods and services

250

4.5

O. Reg. 415/06, s. 17 — Advertising records

250

4.6

O. Reg. 415/06, s. 23 — Copies of contracts

250

4.7

O. Reg. 415/06, s. 35 (1) — Transcript content

250

4.8

O. Reg. 415/06, s. 38 — Display of certificate of registration

250

4.9

Revoked: O. Reg. 353/23, s. 21 (2).

 

O. Reg. 401/09, s. 2; O. Reg. 353/23, s. 21, 22.

 

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