ontario regulation 466/16
made under the
Private Career Colleges Act, 2005
Made: December 14, 2016
Filed: December 16, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016
Amending O. Reg. 415/06
(GENERAL)
1. Paragraph 1 of subsection 2 (2) of Ontario Regulation 415/06 is revoked.
2. Paragraph 8 of subsection 3 (1) of the Regulation is amended by striking out “the Business Corporations Act, Corporations Act” and substituting “the Business Corporations Act, Not-for-Profit Corporations Act, 2010”.
3. Subsection 5 (4) of the Regulation is revoked.
4. Section 7 of the Regulation is revoked and the following substituted:
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.
(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.
5. (1) Paragraph 2 of subsection 16 (1) of the Regulation is amended by striking out “statement” in the portion before subparagraph i and substituting “statement, image or video”.
(2) Subparagraph 2 iv of subsection 16 (1) of the Regulation is amended by striking out “visa under that Act” at the end and substituting “visa or other document required under that Act”.
6. Subsection 17 (1) of the Regulation is amended by adding the following paragraph:
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.
7. Subsections 18 (1) and (2) of the Regulation are revoked and the following substituted:
Misleading statements
(1) No person, operator, officer, director, employee or agent acting on behalf of a private 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 private 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 subsection 16 (1).
(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.
8. (1) Subsection 20 (1) of the Regulation is amended by adding the following paragraph:
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.
(2) Paragraph 15 of subsection 20 (1) of the Regulation is revoked and the following substituted:
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.
(3) Subsections 20 (2) and (3) of the Regulation are revoked and the following substituted:
(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:
Private career colleges (PCCs) must be registered under the Private Career Colleges Act, 2005, which is administered by the Superintendent of Private Career Colleges. The Act protects students by requiring PCCs to follow specific rules on, for example, fee refunds, training completions if the PCC closes, qualifications of instructors, access to transcripts and advertising. It also requires PCCs 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 name of private career college] to give my name, address, telephone number, e-mail address and other contact information to the Superintendent of Private Career Colleges for the purposes checked below:
□ To advise me of my rights under the Private 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 name of 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 or collect information to help potential students make informed decisions about their educational choices.
[Name of Student]
9. The Regulation is amended by adding the following section:
Copy of contract
20.1 For the purposes of subsection 28 (2) of the Act, a private 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.
10. Section 21 of the Regulation is revoked and the following substituted:
Other contracts
21. A private 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 Private Career Colleges Act, 2005 does not apply to the program is included in bold face type.
11. Subsection 34 (2) of the Regulation is revoked.
12. Subsection 36 (5) of the Regulation is revoked.
13. Section 36.3 of the Regulation is amended by striking out “on the Ministry’s website” at the end and substituting “on a website of the Government of Ontario”.
14. Clause 41 (1) (a) of the Regulation is revoked and the following substituted:
(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
15. (1) Subsection 43 (1) of the Regulation is amended by striking out “all fees” and substituting “all fees, expressed in Canadian dollars”.
(2) Subsection 43 (2) of the Regulation is amended by striking out “on the Ministry website” and substituting “on a website of the Government of Ontario”.
16. Subsection 44 (5) of the Regulation is revoked.
17. The English version of subsection 47 (1) of the Regulation is amended by striking out “notice of any of change” in the portion before clause (a) and substituting “notice of any change”.
18. Part IX of the Regulation is revoked.
Commencement
19. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2017 and the day this Regulation is filed.
(2) Section 2 comes into force on the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day this Regulation is filed.