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B.C. Reg. 466/2004
O.C. 1034/2004
Deposited October 22, 2004
effective November 22, 2004

Private Career Training Institutions Act

Private Career Training Institutions
Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 350/2008, June 1, 2009]

Contents
Part 1 — Interpretation
1Definitions
2Prescribed occupations
3Requirements of "career training"
Part 2 — Payments into the Fund
4Student training completion fund — payment based on total revenue
5Student training completion fund — ongoing contributions
5.1Student training completion fund — payment after refund
Part 3 — Claims Against the Fund
6Eligible claimants
7Making a claim
8Notice
9Adjudication procedures
10Payments from the fund
Part 4 — Transitional Provisions
11Transitional — continuance of registration
12Transitional — payment into fund at first registration under the Act
13Transitional — withholding security
14Transitional — unearned tuition
15Transitional — applications for accreditation
16Transitional — claims under the Private Post-Secondary Education Act

Part 1 — Interpretation

Definitions

1  In this regulation:

"Act" means the Private Career Training Institutions Act, S.B.C. 2003, c. 79;

"British Columbia Student Loan" means a loan provided to a student under the British Columbia Student Assistance Program, authorized by Order in Council 1252/2000;

"Canada Student Loan" means a loan provided to a student under the Canada Student Loans Program, authorized by the Canada Student Loans Act and its regulations;

"payment maker" means

(a) a student who pays tuition or other fees to an institution, and

(b) a person who pays tuition or other fees to an institution on behalf of a student;

"tuition" means the sum of the fees a payment maker must pay to an institution in respect of training or instruction, but does not include

(a) administrative fees,

(b) application fees, or

(c) fees charged for textbooks or other course materials, including equipment and uniforms.

[am. B.C. Reg. 44/2006, ss. (a) and (b).]

Prescribed occupations

2  (1) In this section, "National Occupational Classification scheme" means the National Occupational Classification scheme, 2006, administered by the federal agency known as Human Resources and Skills Development Canada and its successors.

(2) For the purpose of the definition of "career training" in section 1 of the Act, "occupation" means any occupation described in the National Occupational Classification scheme except occupations described as follows:

(a) 4154 (ministers of religion);

(b) 4217 (other religious occupations);

(c) the occupation of driving motor vehicles that requires the driver to hold a class 1, 2, 3 or 4 driver's licence or an endorsement to operate vehicles equipped with air brakes under the Motor Vehicle Act;

(d) the occupation of driver training instructor as defined in the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

[am. B.C. Regs. 45/2008; 350/2008, s. 1.]

Requirements of "career training"

3  A program of training or instruction is "career training" for the purpose of section 1 of the Act if

(a) the tuition charged for the program is greater than or equal to $1 000, and

(b) the time devoted to training or instruction by the program is greater than or equal to 40 hours.

Part 2 — Payments into the Fund

Student training completion fund — payment based on total revenue

4  (1) Repealed. [B.C. Reg. 350/2008, s. 2.]

(2) This section applies to payments made to the board under section 14 (1) of the Act.

(3) At the time of registration, an institution that has not previously been registered or deemed to be registered under the Act must pay to the board the sum of $2 000.

(4) Repealed. [B.C. Reg. 350/2008, s. 2.]

[am. B.C. Reg. 350/2008, s. 2.]

Student training completion fund — ongoing contributions

5  (1) In this section, "institution in good standing" means an institution that has not, during a specified period, been subject to a suspension or cancellation under section 8 (4) or 9 (2) of the Act.

(2) For the purposes of section 14 (1) of the Act, a registered institution must pay to the board the following amounts:

(a) unless paragraph (b) or (c) applies, a sum equal to 1% of the tuition paid to the registered institution under each student enrollment contract during the previous month;

(b) if the registered institution has been an institution in good standing for at least a 2-year period ending on the day referred to in subsection (4), a sum equal to 0.75% of the tuition paid to the registered institution under each student enrollment contract during the previous month, unless paragraph (c) applies;

(c) if the registered institution has been an institution in good standing for at least a 5-year period ending on the day referred to in subsection (4), a sum equal to 0.5% of the tuition paid to the registered institution under each student enrollment contract during the previous month.

(3) For the purposes of section 14 (1) of the Act, an accredited institution must pay to the board the following amounts:

(a) unless paragraph (b) or (c) applies, a sum equal to 0.5% of the tuition paid to the accredited institution under each student enrollment contract during the previous month;

(b) if the accredited institution has been subject to a suspension or cancellation under section 9 (2) of the Act and two years have not passed since the date of the suspension or cancellation, a sum equal to 1% of the tuition paid to the accredited institution under each student enrollment contract during the previous month;

(c) if the accredited institution has been an institution in good standing for at least a 5-year period ending on the day referred to in subsection (4), a sum equal to 0.4% of the tuition paid to the accredited institution under each student enrollment contract during the previous month.

(4) Payments under subsections (2) and (3) must be made on or before the 15th day of the month following receipt of tuition payment.

[en. B.C. Reg. 350/2008, s. 3.]

Student training completion fund — payment after refund

5.1  (1) For the purposes of section 14 (1) of the Act, a registered institution must pay to the board, in addition to any payment made under section 4 or 5, a sum equal to the amount the board has authorized to be paid from the fund to a student on the grounds that the registered institution misled the student regarding the institution or an aspect of its operations.

(2) Payment under subsection (1) must be made by the registered institution within 30 days of receiving notice from the board of the requirement to make the payment.

[en. B.C. Reg. 350/2008, s. 4.]

Part 3 — Claims Against the Fund

Eligible claimants

6  (1) In this section, "education agent" means a person who

(a) recruits a student to attend an institution,

(b) is not formally employed by the institution for the purpose of recruiting students,

(c) receives a fee or commission from the student, the institution or any other person in return for recruiting the student to attend the institution, and

(d) receives money from the student, or on the student's behalf, which the person forwards to the institution for use towards the student's tuition.

(2) The following persons may file a claim for tuition fees against the fund under section 16 (1) of the Act:

(a) a payment maker;

(b) if a payment maker paid tuition fees, in whole or in part, using funds from a British Columbia Student Loan or a Canada Student Loan and the payment maker does not make a claim under section 7 within 12 months from the date the payment maker is eligible to make the claim,

(i) in the case of a British Columbia Student Loan, the government, or a person acting on behalf of the government, may make a claim on behalf of the payment maker, and

(ii) in the case of a Canada Student Loan, the federal government, or a person acting on behalf of the federal government, may make a claim on behalf of the payment maker.

(3) Despite subsection (2), if a student's tuition is paid by an education agent,

(a) the education agent is not eligible to make a claim against the fund, and

(b) the person who paid money to the education agent that the education agent forwarded to the institution to be used toward the student's tuition is eligible to make a claim against the fund.

Making a claim

7  To make a claim against the fund, a claimant must

(a) complete the claim form provided by the registrar and submit it to the registrar, and

(b) provide the registrar with

(i) the claimant's name and contact information,

(ii) the name of the institution against which the claim is being made,

(iii) the program in which the claimant is registered, including the date the claimant began the program and the date the claimant was to finish the program,

(iv) the date the institution stopped providing the program to the claimant, and

(v) if any portion of the claimant's tuition was paid from the proceeds of a loan, the name and address of the lender and of any government agency that guaranteed or reinsured the loan.

Notice

8  (1) If a claim has been made against a registered institution, the registrar must send a summary of the claim to the institution.

(2) If the board considers a hearing necessary to adjudicate the claim, the registrar must

(a) fix the date, time and place for the hearing, and

(b) send notice of the information under paragraph (a) to

(i) the claimant,

(ii) the institution against which the claim was made, and

(iii) any other person who, in the opinion of the board, has an interest in the hearing.

(3) The registrar may send a summary or notice required under subsection (1) or (2) (b) to a registered institution by sending it

(a) by fax, mail or electronic mail,

(b) addressed to the institution's principal, senior officer or director, as indicated in the institution's record of registration, and

(c) to the location indicated in the institution's record of registration, or, if the registrar has reason to believe that the addressee will not receive the summary or notice if sent to that location,

(i) to any other location at which the registrar reasonably believes the addressee will receive the summary or notice, or

(ii) if the registrar knows of no location under subparagraph (i), to the addressee's last known address.

(4) The registrar may send a notice required under subsection (2) (b) to a person other than a registered institution by fax, mail or electronic mail,

(a) if to the claimant, to the location indicated in the claim form under section 7 (b) (i), or

(b) if to any other person, the location at which the registrar reasonably believes the addressee will receive the notice.

(5) A summary or notice sent in accordance with subsection (3) or (4) is deemed to have been received by the addressee

(a) if sent by fax or electronic mail, within 2 business days of being sent, or

(b) if sent by mail, within 7 business days of being sent.

Adjudication procedures

9  The board may, in adjudicating a claim, do any of the following:

(a) delay or adjourn consideration of the claim for the time and on the terms the board considers appropriate;

(b) consolidate the consideration of a claim with any other claim.

Payments from the fund

10  (1) On finding that payment should be made from the fund in respect of a claim, the board may authorize the payment to be made to

(a) if section 6 (2) (a) applies,

(i) the claimant, or

(ii) under the terms of section 15 (b) of the Act, another registered institution,

(b) if section 6 (2) (b) applies in respect of the provincial government,

(i) the claimant, or

(ii) another registered institution that the student is or will be attending, if that institution is designated under the British Columbia Student Assistance Program, or

(c) if section 6 (2) (b) applies in respect of the federal government,

(i) the claimant, or

(ii) if the federal government consents, to the student in respect of whom tuition was paid or another registered institution that the student is or will be attending.

(2) Any payment of the claim made in accordance with subsection (1) (b) (i) must be applied to the British Columbia Student Loan of the student on whose behalf the claim was made.

Part 4 — Transitional Provisions

Transitional — continuance of registration

11  An institution that is deemed to be accredited or registered under the Act by section 29 (1) or (2) of the Act continues to be subject to the terms and conditions of the certificate of accreditation or registration issued under the Private Post-Secondary Education Act until

(a) the expiry of the institution's certificate of registration or accreditation, or

(b) the institution has complied with section 12.

Transitional — payment into fund at first registration under the Act

12  (1) This section applies to payments made to the board under section 14 (1) of the Act by an institution that

(a) was registered under section 7 of the Private Post-Secondary Education Act on November 22, 2004,

(b) is deemed to be registered under section 8 of the Act by section 29 (2) of the Act, and

(c) is registering under the Act for the first time.

(2) An institution that has provided security in accordance with the Private Post-Secondary Education Act must pay to the board a sum equal to $1 000 or 4% of the amount required to be provided as security under that Act, whichever is greater.

(3) An institution that has not provided security in accordance with the Private Post-Secondary Education Act must pay to the board a sum equal to $1 000 or 1% of the total revenue from tuition received by the institution in the year of operation previous to registering under the Act, whichever is greater.

(4) A payment owing under subsection (2) or (3) must be paid at the time at which the institution registers under the Act.

Transitional — withholding security

13  (1) This section applies to an institution that has

(a) provided security to the Private Post-Secondary Education Commission under the Private Post-Secondary Education Act,

(b) received tuition from students in respect of training or instruction offered by the institution, and

(c) not completed the provision of the training or instruction for which tuition under paragraph (b) was received by November 22, 2004.

(2) If an institution described in subsection (1) is not registered or deemed to be registered under the Act because the institution is not required to be registered under the Act, the agency may, despite the institution not being registered, continue to hold the institution's security until the completion of the training or instruction for which tuition under subsection (1) (b) was received.

(3) If an institution described in subsection (1) is registered or deemed to be registered under the Act, the agency may, despite the expiry of the institution's registration certificate, continue to hold the institution's security until

(a) payment under section 12 is made, or

(b) the completion of the training or instruction for which tuition under subsection (1) (b) was received.

(4) Section 5 of this regulation does not apply in respect of tuition described under subsection (1) (b).

(5) If payment is made from the fund in respect of an institution described in this section, the agency may compensate the fund for the amount of the payment from the security held under this section.

Transitional — unearned tuition

14  (1) In this section, "unearned tuition" means that portion of a student's tuition payment that represents payment for any part of a program of training or instruction extending from November 22, 2005 to the completion of the program.

(2) This section applies to an institution that

(a) was registered under section 7 of the Private Post-Secondary Education Act on November 22, 2004,

(b) is not required to be registered under the Act,

(c) has not registered under section 8 of the Act by November 22, 2005,

(d) has, on November 22, 2004, a student who is registered in a program of training or instruction that is scheduled to be completed on a date later than November 22, 2005, and

(e) has received from the student, before November 22, 2004, a tuition payment that includes unearned tuition.

(3) An institution described in subsection (2) must

(a) determine the sum of unearned tuition the institution has received, and

(b) pay to the board, before November 22, 2005, a sum equal to 1% of the amount calculated under paragraph (a).

[am. B.C. Reg. 44/2006, s. (c).]

Transitional — applications for accreditation

15  (1) An institution may complete an application for accreditation under the terms and conditions of the Private Post-Secondary Education Act if

(a) the institution has filed Part A of the application for accreditation before November 22, 2004, and

(b) the application under paragraph (a) is completed by June 1, 2005.

(2) The operation of section 30 (1) of the Act is suspended in respect of the application for accreditation.

Transitional — claims under the Private Post-Secondary Education Act

16  (1) Despite the repeal of the Private Post-Secondary Education Act, if the executive director receives a request under section 28 of that Act before November 22, 2004,

(a) all rights and obligations that the student making the request would have had under that Act, had it not been repealed, continue to apply, and

(b) the operation of section 30 (1) of the Act is suspended in respect of the request.

(2) Nothing in subsection (1) affects the operation of sections 35 and 36 of the Interpretation Act.

[Provisions of the Private Career Training Institutions Act, S.B.C. 2003, c. 79, relevant to the enactment of this regulation: sections 25 and 29]