Particulars of Notice of Contravention and Review Decision

s. 49 (1) Ontario Career Colleges Act, 2005 (“Act”)

September 17, 2025

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 On review, an administrative penalty may be upheld, rescinded or reduced.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: January 14, 2025

Brinderpal Singh Thind
Brampton, Ontario

Contravened Section of the Act or its Regulations:

Ontario Career Colleges Act, 2005, s. 38 (6) Duty to Assist:

The Superintendent believes that Brinderpal failed to fulfil Brinderpal’s duty to assist the inquiries of a designate conducted pursuant to s. 38 of the Act.

On October 11, 2024, a designate of the Superintendent attended at the campus of Revolution Truck Training Academy Ltd., to conduct inquiries and examinations pursuant to s. 38 of the Act. The designate of the Superintendent required Brinderpal to produce a document, record, or other thing relevant to inquiries under s. 38 of the Act, specifically then contemporaneous electronic records from a computer within Brinderpal’s care and control. Brinderpal failed to produce the document, record, or other thing and refused to take steps to demonstrate compliance with Brinderpal’s duty to assist.

Original amount

$1000

Contravened Section of the Act or its Regulations:

Ontario Career Colleges Act, 2005, s. 38 (10) Obstruction:

The Superintendent believes that Brinderpal obstructed the inquiries of a designate conducted pursuant to s. 38 of the Act.

On October 11, 2024, a designate of the Superintendent attended at the campus of Revolution Truck Training Academy Ltd., to conduct inquiries and examinations pursuant to s. 38 of the Act. Pursuant to inquiries under s. 38 of the Act, the designate required Brinderpal to answer questions. Brinderpal refused to answer questions of the designate and otherwise hindered or obstructed the inquiries of the designate.

Original amount

$1000

Total

$2000

Decision Following Review

The balance of evidence before me indicates that despite the progressive enforcement measures administered by the Office of the Superintendent of Career Colleges, including visiting Revolution Truck Training Academy Ltd., providing opportunity for explanation and cooperation, and offering to engage Brinderpal’s legal representation by phone, Brinderpal:

  1. refused to answer questions, to produce a document, record, or other thing and to provide assistance, to the Superintendent or designate in the manner and within the period specified by the Superintendent or designate, contravening s. 38 (6) of the Act.
  2. hindered, obstructed, and interfered with the Superintendent or designate conducting an inquiry or examination, and provided the Superintendent or designate with the information on matters relevant to the inquiry or examination that the person knows to be false or misleading thus contravening s. 38 (10) of the Act.

The above decision is based on the evidence provided by the ministry designate and Brinderpal’s request for review which on balance, in my view, demonstrates that:

(1) Brinderpal did not cooperate with the Designate when Brinderpal refused to turn on the administrative computer, threatened to destroy the same administrative computer, refused to answer questions, deferred questions for another day, and refused to produce documents and records during the inquiry. When given additional opportunity to participate in the inquiry, or engage Brinderpal’s legal team by phone, Brinderpal made no attempt to call Brinderpal’s legal representative, despite several prompts from the Designate encouraging Brinderpal to do so.

(2) Brinderpal obstructed the investigation on multiple occasions, including when questioned about the test shops. The test shops demonstrated that Brinderpal were offering vocational programs. When questioned by the Designate, Brinderpal misrepresented the response to the email test shop as an offer of a non-vocational program despite clear written language that offered a vocational program. Brinderpal denied the phone test shop altogether, insisting that Brinderpal had not received any inquiries, directly contradicting the phone call where Brinderpal offered a vocational program.

(3) Brinderpal’s duty to assist the Ministry in its investigation was ongoing and was not impacted by Brinderpal’s filing of an appeal with the Licence Appeal Tribunal to dispute the Notice of Immediate Suspension and Proposal to Revoke Registration issued by the Superintendent on September 26, 2024. While the Ministry received notice of the appeal on October 10, 2024, the day before the designate made his final on-site visit to Revolution Truck Training Academy Ltd. which led to the issuance of this Notice of Contravention, in my view, the timing of the visit was unrelated to the filing of the appeal. In accordance with the OCCA, the Superintendent has authority to take multiple enforcements steps to address non-compliance, and the exercise of this authority does not negate the Designate’s ability to conduct a compliance review, or Brinderpal’s duty to assist.

While I considered all of the evidence Brinderpal provided in Brinderpal’s request for review, in my view, much of the evidence and Brinderpal’s related arguments are outside the scope of this review, as they relate to the grounds for the issuance of the Notice of Immediate Suspension and Proposal to Revoke Registration.

Total Penalty Following the Review

$2000