Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
B.C. Reg. 140/2016
O.C. 375/2016
Deposited June 10, 2016
effective September 1, 2016
This consolidation is current to September 19, 2017.
Link to Point in Time

Private Training Act

Fees and Student Tuition Protection Fund Regulation

[includes amendments up to B.C. Reg. 140/2016, November 28, 2016]

Contents
Part 1 — Interpretation
1Definitions
2Classes of institutions
Part 2 — Fees
Division 1 — Fees for Applicants
3Application fees
4Certification fees
Division 2 — Program Approval Fees
5Program approval fees
Division 3 — Fees for Certified Institutions
6Fees for certified institutions
7 Flat rate fees
8Graduated fees — 12-month certificate term
9Graduated fees — certificate term other than 12 months
10Graduated fees — category 3 institutions
Division 4 — Additional Fees for Certified Institutions
11Inspection fees
12Fees for changes requiring notice or consent
Division 5 — Fees for Reconsideration, Appeal and Review
13Fees for reconsideration, appeal and review
Part 3 — Security
14Security
Part 4 — Student Tuition Protection Fund
Division 1 — Payments to Fund
15Certified institution payments to fund
16Payments to fund — 12-month certificate term
17Payments to fund — certificate term other than 12 months
18Payments to fund — category 3 institutions
19Payments to fund — specified conditions
20Payments to fund — prescribed classes of institutions
Division 2 — Claims Against Fund
21Filing a claim
22Claim on grounds institution ceased to hold certificate
23Claim on grounds certified institution misled student
24Adjudication procedures
Division 3 — Payments from Fund
25Payments from fund
26Repayment of money by institution to fund
Part 5 — Administrative Penalties
27Prescribed provisions of Act
28Prescribed provisions of regulations
29Continuing contraventions
Part 6 — Category Assignment
Division 1 — Automatic Category Assignments
30Automatic assignment to category 1
31Automatic assignment to category 3
Division 2 — Registration Certificate or Interim Designation Certificate
32Category assignment framework
33Change in student enrolment
34Student withdrawal
35Administrative penalties and compliance orders
36Claims against fund
37Current ratio
38Months of working capital
39Change in revenue
40Profit margin
41True trust
Division 3 — Designation Certificate
42Category assignment framework
43StudentAid BC support
44International student enrolment
45Employment or further education
Part 7 — Payments
46Manner and time for making payments
47Methods of payment
Schedule

Part 1 — Interpretation

Definitions

1  In this regulation:

"aboriginal" means relating to the Indian, Inuit or Métis peoples of Canada;

"aboriginal institution" means an institution that is operated by one or more of the following:

(a) a first nation;

(b) a treaty first nation;

(c) the Nisga'a Nation;

(d) the Westbank First Nation;

(e) the Sechelt Indian Band;

(f) a society within the meaning of the Societies Act

(i) that has as one of its purposes providing post-secondary education to aboriginal persons, and

(ii) of which the majority of the directors are aboriginal persons;

(g) a corporation incorporated under the Canada Not-for-profit Corporations Act

(i) that has as one of its purposes providing post-secondary education to aboriginal persons, and

(ii) of which the majority of the directors are aboriginal persons;

"aboriginal institution class" means the class established under section 2 (c) [classes of institutions];

"Act" means the Private Training Act;

"category" means a category to which an institution is assigned by the registrar in accordance with Part 6 [Category Assignment];

"certificate application date" means the date the registrar receives an institution's application for a certificate;

"certificate term" means the period that

(a) starts on the date a certificate is issued under section 7 [registrar issues certificates] of the Act, and

(b) ends on the later of the following:

(i) the expiry date included in the certificate;

(ii) the date the certificate ceases to be valid under section 10 [continuation of certificate term if renewal application made before deadline] of the Act;

"classification society" has the same meaning as in section 2 of the Classed Ships Inspection Regulations, 1988 (Canada);

"employer provided program" means a program of instruction in which all the students enrolled are funded by one employer or by one other third party;

"extended certificate term" means the period that

(a) starts on the expiry date included in a certificate issued under section 7 of the Act, and

(b) ends on the date the certificate ceases to be valid under section 10 of the Act;

"federal regulator" means any of the following:

(a) a person who accredits or licenses the persons described in section 4.9 (a) of the Aeronautics Act (Canada);

(b) a person, classification society or other organization who may issue a Canadian maritime document, within the meaning of the Canada Shipping Act, 2001;

"flat rate fee" means the fee payable under section 7 [flat rate fees];

"graduated fee" means the fee payable under section 8, 9 or 10 [graduated fees];

"health regulatory body" means a college designated under the Health Professions Act;

"international student" means a student who is not a Canadian citizen or permanent resident of Canada;

"language institution class" means the class of institutions established under section 2 (b);

"language program" means a program of instruction that has as its learning objective that students gain or improve proficiency in a language, and

(a) for which the tuition is equal to or greater than $4 000, or

(b) the period of time that begins on the start date and ends on the end date of the program of instruction is longer than 6 months;

"number of certificate or registration years" means the number of years an institution continuously held a certificate under the Act or was registered under the former Act on the date the institution's certificate is issued;

"original certificate term" means the period that

(a) starts on the date a certificate is issued under section 7 of the Act, and

(b) ends on the expiry date included in the certificate;

"other signatory" means, in relation to a student enrolment contract, a student's parent or legal guardian, if the student is under the age of 19;

"post-program payment institution class" means the class of institutions established under section 2 (d);

"regulatory body institution class" means the class of institutions established under section 2 (a);

"student enrolment contract" means a contract entered into by an institution and a student, or other signatory, under which the institution provides all or part of a program of instruction to a student.

[am. B.C. Reg. 140/2016, App. 2.]

Classes of institutions

2  The following classes of certified institutions are established for the purposes of this regulation and the Private Training Regulation:

(a) the regulatory body institution class consisting of institutions to which one of the following applies:

(i) the only approved programs of instruction the institution provides or intends to provide are approved programs of instruction that lead to employment in a career occupation regulated by the federal regulator;

(ii) the only approved programs of instruction the institution provides or intends to provide are approved programs of instruction that lead to employment in a career occupation regulated by a health regulatory body;

(b) the language institution class consisting of institutions at which the only approved programs of instruction the institution provides or intends to provide are one or both of the following:

(i) an approved language program

(A) that is assessed by a body that is independent of the institution, and

(B) with respect to which the institution meets the standards of the body;

(ii) a career training program that leads to employment in language instruction;

(c) the aboriginal institution class consisting of aboriginal institutions;

(d) the post-program payment institution class consisting of institutions at which the only approved programs of instruction the institution provides or intends to provide are employer provided programs and the tuition is paid after the students have completed the program.

Part 2 — Fees

Division 1 — Fees for Applicants

Application fees

3  (1) For the purposes of section 6 (c) [application fees] of the Act, the fees set out in this section are prescribed.

(2) The fee payable by an institution

(a) applying for a registration certificate is $2 450, if the institution does not hold a registration certificate, and

(b) applying for a designation certificate is $2 600, if the institution does not hold an interim designation certificate or a designation certificate.

(3) An institution that is required to pay a fee under subsection (2) must pay $1 000 for each additional location, if the institution provides or intends to provide a program of instruction at more than one location.

Certification fees

4  (1) For the purposes of section 7 (1) (d) [registrar issues certificates] of the Act, the fees set out in this section are prescribed.

(2) The fee payable by an institution is the fee set out in column 2 of Table 1 of the Schedule opposite the institution's annual tuition revenue in column 1.

Division 2 — Program Approval Fees

Program approval fees

5  (1) For the purposes of section 12 (2) (c) [program approval fee] of the Act, the fees set out in this section are prescribed.

(2) The fee payable by an institution is

(a) $500 in relation to the following:

(i) career training programs;

(ii) in the case of an institution that is applying for a designation certificate or that holds an interim designation certificate or a designation certificate, language programs, and

(b) $200 in relation to career-related programs of instruction, that are not career training programs for which the tuition is equal to or greater than $1 000, if the institution

(i) holds an interim designation certificate or a designation certificate, or

(ii) is applying for a designation certificate.

(3) An institution must pay the fees payable under this section when the institution submits the required information and records under section 13 [information and records required for decision whether to approve program of instruction] of the Private Training Regulation.

Division 3 — Fees for Certified Institutions

Fees for certified institutions

6  For the purposes of section 13 (h) [certified institution fees] of the Act, the flat rate fees and graduated fees set out in this Division are prescribed for each certificate term.

Flat rate fees

7  (1) Subject to subsection (2), the flat rate fee that a certified institution that holds a certificate on the institution's certificate application date must pay is the amount determined by multiplying the number of months in the original certificate term by the monthly flat rate fee set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1.

(2) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act, the flat rate fee that the institution must pay is determined as follows:

flat rate fee = (ECM x MFRF) + (M x MFRF)
where
ECM=the number of months of the extended certificate term of the previous certificate;
MFRF=the monthly flat rate fee set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1;
M=the number of months of the original certificate term of the current certificate.

(3) The flat rate fee that a certified institution that does not hold a certificate on the institution's certificate application date must pay is the amount determined by multiplying the number of months in the original certificate term by $76.42.

Graduated fees — 12-month certificate term

8  (1) Subject to section 10 [graduated fees — category 3 institutions] and this section, the graduated fee that a certified institution that is issued a certificate with a term of 12 months must pay is determined as follows:

graduated fee = ATR x GFP
where
ATR=the institution's annual tuition revenue;
GFP=the percentage of the institution's annual tuition revenue set out in column 3 of Table 3 of the Schedule in respect of graduated fees opposite the applicable description of the institution in column 1 and the applicable number of certificate or registration years in column 2.

(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).

(3) If, on the date the institution's certificate is issued, a certified institution in the regulatory body institution class or the language institution class

(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and

(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],

the applicable percentage for the purposes of determining the graduated fee under subsection (1) is 0.2%.

(4) A certified institution in the aboriginal institution class that is issued a certificate with a term of 12 months must pay a graduated fee that is determined by multiplying the institution's annual tuition revenue by 0.2%.

Graduated fees — certificate term other than 12 months

9  (1) Subject to section 10 and this section, the graduated fee that a certified institution that is issued a certificate with a certificate term of other than 12 months must pay is determined as follows:

graduated fee =(ATR x GFP)
12
x M
where
ATR=the institution's annual tuition revenue;
GFP=the percentage of the institution's annual tuition revenue set out in column 3 of Table 3 of the Schedule in respect of graduated fees opposite the applicable description of the institution in column 1 and the applicable number of certificate or registration years in column 2;
M=the number of months of the original certificate term of the current certificate.

(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).

(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or in the language institution class

(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and

(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],

the applicable percentage for the purposes of determining the graduated fee under subsection (1) is the percentage set out in column 3 of item 2 of Table 3 of the Schedule.

(4) The graduated fee that a certified institution in the aboriginal institution class that is issued a certificate with a term of other than 12 months must pay is determined as follows:

graduated fee =(ATR x 0.2%)
12
x M
where
ATR=the institution's annual tuition revenue;
M=the number of months of the original certificate term of the current certificate.

(5) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the graduated fee that the institution must pay is determined in accordance with section 8 of this regulation as if the certificate term were 12 months.

Graduated fees — category 3 institutions

10  (1) The graduated fee that a certified institution that

(a) is assigned to category 3 by the registrar in accordance with Part 6 [Category Assignment], and

(b) was issued a certificate with a certificate term of 12 months

must pay is 1.04% of the institution's annual tuition revenue.

(2) Subject to subsection (3), the graduated fee that a certified institution that

(a) is assigned to category 3 by the registrar in accordance with Part 6, and

(b) was issued a certificate with a certificate term of other than 12 months

must pay is determined as follows:

graduated fee =(ATR x 1.04%)
12
x M
where
ATR=the institution's annual tuition revenue;
M=the number of months of the original certificate term of the current certificate.

(3) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the graduated fee that the institution must pay is determined in accordance with subsection (1) of this section as if the certificate term were 12 months.

(4) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).

(5) This section does not apply to an institution that is in the language institution class or the regulatory body institution class if the institution has continuously held a certificate under the Act or was registered under the former Act for 2 years or less.

Division 4 — Additional Fees for Certified Institutions

Inspection fees

11  (1) For the purposes of section 13 (h) [certified institution fees] of the Act, the inspection fee set out in subsection (2) of this section is prescribed for certified institutions.

(2) If an inspection under section 29 (b) [compliance inspections] of the Act indicates that an institution may not be complying with the Act, the regulations under the Act or the requirements of other government programs prescribed by the Private Training Regulation and a follow-up inspection under section 29 (b) is required, the institution must pay an inspection fee of

(a) $100 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is an employee of the ministry,

(b) $200 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is not an employee of the ministry and is not a consultant with expertise in accounting, including in financial audits, and

(c) $300 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is a consultant with expertise in accounting, including in financial audits.

(3) In addition to the inspection fees prescribed under subsection (2), a certified institution that holds a designation certificate must pay an inspection fee in an amount equal to the total of $1 750 per inspector plus $1 500 for the following inspections:

(a) an inspection that is conducted within one year of the date the first designation certificate is issued to the institution;

(b) a subsequent inspection that is conducted within 7 years of the inspection referred to in paragraph (a) or within 7 years of the most recent inspection.

(4) An institution must pay a fee payable under this section within 30 days of receiving notice from the registrar of the requirement to make the payment.

Fees for changes requiring notice or consent

12  (1) For the purposes of section 14 (2) (d) [change fees] of the Act, the following fees are prescribed:

(a) the fee payable by a certified institution in relation to a change set out in section 56 (2) (g) [change of control] of the Private Training Regulation is $1 500;

(b) in relation to a change set out in section 57 [changes requiring notice and consent] of the Private Training Regulation, unless paragraph (b) or (c) of this subsection applies,

(i) the fee payable by a certified institution that holds a registration certificate is $100, and

(ii) the fee payable by a certified institution that holds an interim designation certificate or a designation certificate is $200;

(c) the fee payable by a certified institution in relation to a change set out in section 57 (d) [change in location] of the Private Training Regulation is $500;

(d) the fee payable by a certified institution in relation to a change set out in section 57 (e) [change in program outline] of the Private Training Regulation is $200.

(2) The fee payable under subsection (1) must be included with the notification required under the Act.

Division 5 — Fees for Reconsideration, Appeal and Review

Fees for reconsideration, appeal and review

13  For the purposes of the following sections of the Act, the prescribed fee payable by an institution is $100:

(a) section 47 (4) (b) [reconsideration fee];

(b) section 50 (2) (b) [appeal fee];

(c) section 54 (3) (b) [review of administrative penalty fee].

Part 3 — Security

Security

14  (1) The registrar must take into account the following considerations when determining whether security is required under section 7 (1) (c) [security] of the Act:

(a) whether the registrar has suspended any of the institution's certificates under the Act, or the former registrar suspended the registration of the institution under the former Act, within the past 2 years;

(b) how long the institution has been certified under the Act or was registered under the former Act;

(c) the category to which the institution is assigned by the registrar in accordance with Part 6 [Category Assignment];

(d) if the institution holds a certificate, the amount of unearned tuition revenue reported in the financial statements submitted to the registrar under section 51 (1) [reporting requirements] of the Private Training Regulation;

(e) if the institution does not hold a certificate, the institution's balance sheet submitted as part of the institution's business plan under section 5 (2) (j) [application for certificate] of the Private Training Regulation;

(f) whether the institution is in the aboriginal institution class;

(g) whether the institution is in the post-program payment institution class.

(2) The following types of security are acceptable:

(a) an irrevocable letter of credit issued by a savings institution;

(b) a surety bond issued by a person authorized under the Financial Institutions Act to carry on insurance business;

(c) cash, if it is derived directly from an instrument described in paragraph (a).

(3) The maximum amount of security that may be required is $100 000.

Part 4 — Student Tuition Protection Fund

Division 1 — Payments to Fund

Certified institution payments to fund

15  For the purposes of section 22 [payments to fund] of the Act, the payments set out in this Division are prescribed.

Payments to fund — 12-month certificate term

16  (1) Subject to sections 18 to 20 and this section, a certified institution that is issued a certificate with a term of 12 months must pay to the fund an amount that is determined as follows:

payment to fund = ATR x P
where
ATR=the institution's annual tuition revenue;
P=the percentage of the institution's annual tuition revenue set out in column 4 of Table 3 of the Schedule in respect of payments to the fund opposite the applicable description of the institution in column 1 and the applicable number of certificate or registration years in column 2.

(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).

(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or the language institution class

(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and

(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],

the applicable percentage for the purposes of determining the amount of the payment to the fund under subsection (1) is the percentage set out in column 4 of item 2 of Table 3 of the Schedule.

Payments to fund — certificate term other than 12 months

17  (1) Subject to sections 18 to 20 and this section, a certified institution that is issued a certificate with a certificate term of other than 12 months must pay to the fund an amount that is determined as follows:

payment to fund =(ATR x P)
12
x M
where
ATR=the institution's annual tuition revenue;
P=the percentage of the institution's annual tuition revenue set out in column 4 of Table 3 of the Schedule in respect of payments to the fund opposite the applicable description of the institution in column 1 and the applicable number of certificate or registration years in column 2;
M=the number of months of the original certificate term of the current certificate.

(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).

(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or the language institution class

(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and

(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],

the applicable percentage for the purposes of determining the amount of the payment to the fund under subsection (1) is the percentage set out in column 4 of item 2 of Table 3 of the Schedule.

(4) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the amount that the institution must pay to the fund is determined in accordance with section 16 of this regulation as if the certificate term were 12 months.

Payments to fund — category 3 institutions

18  (1) A certified institution that

(a) is assigned to category 3 by the registrar in accordance with Part 6 [Category Assignment], and

(b) was issued a certificate with a certificate term of 12 months

must pay to the fund an amount that is 1% of the institution's annual tuition revenue.

(2) Subject to subsection (3), a certified institution that

(a) is assigned to category 3 by the registrar in accordance with Part 6, and

(b) was issued a certificate with a certificate term of other than 12 months

must pay to the fund an amount that is determined as follows:

payment to fund =(ATR x 1%)
12
x M
where
ATR=the institution's annual tuition revenue;
M=the number of months of the original certificate term of the current certificate.

(3) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the amount that the institution must pay to the fund is determined in accordance with subsection (1) of this section as if the certificate term were 12 months.

(4) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).

(5) This section does not apply to the following:

(a) an institution that is in the language institution class or the regulatory body institution class if the institution has continuously held a certificate under the Act or was registered under the former Act for 2 years or less;

(b) an institution that is in the post-program payment institution class.

Payments to fund — specified conditions

19  (1) In this section:

"current ratio" means an institution's current assets in the institution's previous fiscal year divided by the institution's current liabilities in that fiscal year;

"debt ratio" means an institution's total liabilities in the institution's previous fiscal year divided by the institution's total assets in that fiscal year.

(2) A certified institution must pay to the fund the amounts determined under sections 16 (1) and (3) and 17 (1) and (3), as applicable, minus the greater of the following applicable amounts:

(a) 2.5% if the institution's most recent financial statements provided to the registrar show a debt ratio of less than 0.2;

(b) 5% if

(i) the institution's most recent financial statements provided to the registrar show a debt ratio of less than 0.2, and

(ii) the institution's 3-year average current ratio is 1.2 or more.

(3) This section does not apply to an institution in the aboriginal institution class or the post-program payment institution class.

Payments to fund — prescribed classes of institutions

20  A certified institution that is in the aboriginal institution class, the post-program payment institution class or in the post-program payment class and any other class must pay to the fund $10 per certificate term.

Division 2 — Claims Against Fund

Filing a claim

21  (1) For the purposes of section 23 (2) [filing a claim] of the Act, a claimant must submit the following information to the trustee:

(a) the operating name the institution uses;

(b) the location where the institution provides, or from which the institution provides, the program of instruction the student was enrolled in;

(c) the student's full legal name, usual first name, mailing address, telephone number and email address;

(d) the student's date of birth;

(e) the name of the approved program of instruction the student was enrolled in;

(f) the start date and end date of the program of instruction as set out in the student enrolment contract;

(g) whether the student

(i) is attending the program of instruction,

(ii) has withdrawn from the program of instruction,

(iii) was dismissed from the program of instruction, or

(iv) has completed the program of instruction;

(h) whether the student received a tuition refund and, if so, the amount of the refund;

(i) if available, a copy of the student enrolment contract signed by the student, or other signatory, and the institution;

(j) if applicable, the student's application number from StudentAid BC;

(k) if available, evidence that the student, or another person on behalf of the student, paid tuition to the institution.

(2) For the purposes of section 23 (1) (b) of the Act, in addition to the information required under subsection (1), a claimant must submit the following information to the trustee:

(a) a description of the circumstances that gave rise to the claim;

(b) a description of the steps the student took under the dispute resolution process;

(c) all records or other things that are relevant to the claim.

Claim on grounds institution ceased to hold certificate

22  (1) If a claim was filed on the grounds referred to in section 23 (1) (a) [institution ceased to hold any certificate] of the Act, the trustee must, within 15 days of receiving the claim, give a summary of the claim to the institution.

(2) An institution may give to the trustee, within 7 days of receiving a summary of a claim, a response to the claim that includes all records or other things that are relevant to the claim and in the institution's possession or control.

(3) The trustee may, at the request of an institution or on the trustee's own initiative, extend the time for responses under this section.

(4) The trustee must give written reasons for the trustee's decision in relation to a claim to

(a) the claimant,

(b) the institution against which the claim is made, and

(c) the registrar.

Claim on grounds certified institution misled student

23  (1) If a claim was filed on the grounds referred to in section 23 (1) (b) [certified institution misled student] of the Act, the trustee must, within 15 days of receiving the claim, give to the institution a copy of the claim and all records or other things that are relevant to the claim provided by the claimant to the trustee.

(2) An institution may give to the trustee, within 15 days of receiving the copy of the claim and records or other things referred to in subsection (1), a response to the claim that includes all records or other things that are relevant to the claim and in the institution's possession or control.

(3) If an institution gives a response in accordance with subsection (2), the trustee must give the institution's response under that subsection to the claimant within 15 days of receiving the institution's response.

(4) A claimant may give a reply to an institution's response to the trustee within 15 days of receiving the response.

(5) If a claimant replies to an institution's response in accordance with subsection (4), the trustee must give the claimant's reply to the institution within 15 days of receiving the reply.

(6) The trustee may, at the request of a claimant or an institution or on the trustee's own initiative, extend the time for responses and submissions under this section.

(7) The trustee must give written reasons for the trustee's decision in relation to a claim to

(a) the claimant,

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

(c) the registrar.

Adjudication procedures

24  The trustee 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 trustee considers appropriate;

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

Division 3 — Payments from Fund

Payments from fund

25  (1) For the purposes of section 25 (1) [payments from fund] of the Act, the trustee may make a payment from the fund, or authorize the administrator of the fund to make a payment from the fund, in accordance with this section.

(2) The trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, costs incurred by the trustee in administering the fund.

(3) If the trustee decides under section 24 (4) [authority of trustee in dealing with claims] of the Act that payment should be made from the fund in relation to an approved claim under section 23 (1) (a) [institution ceased to hold any certificate] of the Act, the trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, all or a portion of the tuition paid by the claimant, or on behalf of the claimant, in the following order of priority:

(a) to the person appointed under section 18 (2) [program completion if institution ceased to hold certificate] of the Act;

(b) to the government;

(c) to the claimant.

(4) If the trustee decides under section 24 (4) of the Act that payment should be made from the fund in relation to an approved claim under section 23 (1) (b) [certified institution misled student] of the Act, the trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, all or a portion of the tuition paid by the claimant, or on behalf of the claimant, in the following order of priority:

(a) to the government;

(b) to the claimant.

Repayment of money by institution to fund

26  For the purposes of section 27 (1) (a) [repayment of money by institution after payment] of the Act, an institution must pay the amount set out in the notice within 15 days of receiving notice from the trustee of the requirement to make the payment.

Part 5 — Administrative Penalties

Prescribed provisions of Act

27  (1) An institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $1 000 for each contravention:

(a) section 2 [certificate required to provide career training programs];

(b) section 11 (1) [requirement for approval];

(c) section 39 [prohibition on granting credentials];

(d) section 41 (1) [prohibition on false or misleading representations about certificates];

(e) section 41 (2) [prohibition on false, deceiving or misleading advertising or representation];

(f) section 42 (1) [prohibition on false or misleading information].

(2) A certified institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $500 for each contravention:

(a) section 14 (1) (b) [implementation of change that requires notification and consent];

(b) section 19 [failure to establish dispute resolution process for student complaints].

(3) A certified institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $250 for each contravention:

(a) section 7 (5) (a) [failure to post certificate at location];

(b) section 7 (5) (b) [failure to post certificate on website].

(4) An institution that fails to comply with a compliance order is liable to an administrative penalty of $1 000.

Prescribed provisions of regulations

28  (1) A certified institution that contravenes any of the following provisions of this regulation is liable to an administrative penalty of $250 for each contravention:

(a) section 11 (4) [payment of inspection fee];

(b) section 46 [manner and time for making payments].

(2) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $1 000 for each contravention:

(a) section 21 (2) (a) [instructor qualification — academic course];

(b) section 21 (2) (b) [instructor qualification — vocational or practical course];

(c) section 21 (2) (c) [instructor qualification — language course];

(d) section 21 (3) [instructor qualifications required by regulator];

(e) section 58 (c) [notice of change].

(3) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $750 for each contravention:

(a) section 23 (2) [written student enrolment contract];

(b) section 24 (3) [content of student enrolment contract];

(c) section 24 (6) [provision of signed student enrolment contract];

(d) section 28 (1) [fee compliance standards];

(e) section 30 (2) [when institution may accept tuition];

(f) section 35 [fee and tuition refund payment compliance standards];

(g) section 41 (6) [work experience component compliance standards].

(4) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $500 for each contravention:

(a) section 18 (2) (f) [student evaluation];

(b) section 44 [credentials compliance standards];

(c) section 53 [additional reporting requirements — student data report];

(d) section 54 [additional reporting requirements — specified certified institutions].

(5) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $250 for each contravention:

(a) section 21 (2) (d) [performance evaluation];

(b) section 37 (2) [current student record];

(c) section 38 [retention of student records];

(d) section 39 [archived student record compliance standards];

(e) section 40 [student attendance compliance standards].

Continuing contraventions

29  If a contravention under section 33 (1) (a) [determination of administrative penalties] of the Act continues for, or occurs on, 2 or more consecutive days, separate administrative penalties, each not exceeding the administrative penalty for the contravention, may be imposed for each day the contravention continues or occurs.

Part 6 — Category Assignment

Division 1 — Automatic Category Assignments

Automatic assignment to category 1

30  The registrar must assign an institution in the aboriginal institution class to category 1.

Automatic assignment to category 3

31  Subject to section 30, the registrar must assign an institution to category 3 if on the date the certificate is issued

(a) the institution has continuously held a certificate under the Act or was registered under the former Act for 2 years or less, or

(b) the registrar has suspended any of the institution's certificates under the Act or the former registrar suspended the registration of the institution under the former Act within the past 2 years.

Division 2 — Registration Certificate or Interim Designation Certificate

Category assignment framework

32  (1) Subject to sections 30 [automatic assignment to category 1] and 31 [automatic assignment to category 3],

(a) for the purposes of section 14 (1) (c) [security], this section applies to an institution that is applying for a registration certificate, and

(b) for the purposes of sections 8 to 10 [graduated fees] and Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] of this regulation and section 52 [required financial statements] of the Private Training Regulation, this section applies to an institution that holds a registration certificate or an interim designation certificate.

(2) The registrar must

(a) conduct an assessment in respect of an institution in accordance with this section, and

(b) assign an institution to a category.

(3) Subject to subsection (4), in conducting an assessment under this section, the registrar must

(a) determine a score for each assessment criterion referred to in sections 33 to 41, and

(b) determine the category rating for each assessment criterion by comparing the scores determined under paragraph (a) of this subsection with the applicable column of Table 4 of the Schedule opposite the assessment criterion in column 1.

(4) If the registrar is unable to determine a score for an assessment criterion in accordance with the applicable section, the category rating for the assessment criterion is a category 1 rating.

(5) After conducting an assessment under subsection (2), the registrar must assign the institution

(a) to category 1 if the institution has 5 or more category 1 ratings for the assessment criteria,

(b) to category 3 if the institution has 5 or more category 3 ratings for the assessment criteria, and

(c) to category 2 if neither paragraph (a) nor (b) applies.

Change in student enrolment

33  (1) The score for the change in student enrolment criterion is determined as follows:

PCSE = 100 x [(SPFY - PFYSE) / PFYSE]
where
PCSE=the percentage of change in student enrolment;
SPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year;
PFYSE=the number of students enrolled in approved programs of instruction during the fiscal year prior to the institution's previous fiscal year.

(2) The score determined under subsection (1) may be a positive or negative percentage.

Student withdrawal

34  (1) Subject to subsection (2), the score for the student withdrawal criterion is determined as follows:

percentage of student withdrawal = 100 x (SWPFY / SEPFY)
where
SWPFY=the number of students who withdrew from approved programs of instruction after the start date of the approved program of instruction during the institution's previous fiscal year;
SEPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year.

(2) The registrar must assign a category 1 rating for the student withdrawal criterion in an assessment if there are fewer than 10 students enrolled in an approved program of instruction.

Administrative penalties and compliance orders

35  (1) Subject to subsection (2), the score for the compliance orders and administrative penalties criterion is the number of compliance orders issued under section 32 [compliance orders] of the Act and of administrative penalties imposed under section 33 [determination of administrative penalties] of the Act in respect of the institution during the institution's previous fiscal year.

(2) A contravention of a provision of the Act or the regulations that results in both a compliance order being issued and an administrative penalty being imposed is to be counted as one to establish the number under subsection (1) to determine the score to be used in the assessment.

Claims against fund

36  The score for the claims against the fund criterion is determined as follows:

PC = 100 x (NCPFY / SEPFY)
where
PC=the percentage of approved claims against the fund in relation to total students enrolled;
NCPFY=the number of claims against the fund filed by students of the institution approved by the trustee under section 24 [authority of trustee in dealing with claims] of the Act during the institution's previous fiscal year;
SEPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year.

Current ratio

37  The score for the current ratio criterion is determined as follows:

current ratio = PFYCA / PFYCL
where
PFYCA=previous fiscal year current assets;
PFYCL=previous fiscal year current liabilities.

Months of working capital

38  The score for the months of working capital criterion is determined as follows:

MWC =(PFYCA - PFYCL)
PFYE / 12
where
MWC=months of working capital;
PFYCA=previous fiscal year current assets;
PFYCL=previous fiscal year current liabilities;
PFYE=previous fiscal year expenses.

Change in revenue

39  The score for the change in revenue criterion is determined as follows:

PCR = 100 x [(PFYTR - TRPPFY) / TRPPFY]
where
PCR=percentage change in revenue;
PFYTR=previous fiscal year total revenue;
TRPPFY=total revenue of the fiscal year prior to the institution's previous fiscal year.

Profit margin

40  The score for the profit margin criterion is determined as follows:

profit margin = 100 x (PFYNI / PFYTR)
where
PFYNI=previous fiscal year net income;
PFYTR=previous fiscal year total revenue.

True trust

41  The score for the true trust criterion is determined as follows:

true trust = (C + CE + AR) - ET
where
C=cash;
CE=cash equivalents;
AR=accounts receivable from approved programs of instruction;
ET=unearned tuition from approved programs of instruction.

Division 3 — Designation Certificate

Category assignment framework

42  (1) Subject to sections 30 [automatic assignment to category 1] and 31 [automatic assignment to category 3],

(a) for the purposes of section 14 (1) (c) [security], this section applies to an institution that is applying for a designation certificate, and

(b) for the purposes of sections 8 to 10 [graduated fees] of this regulation and section 52 [required financial statements] of the Private Training Regulation, this section applies to an institution that holds a designation certificate.

(2) The registrar must

(a) conduct an assessment in accordance with this section, and

(b) assign an institution to a category.

(3) Subject to subsection (4), in conducting an assessment under this section, the registrar must

(a) determine a score for each assessment criterion referred to in sections 33 to 41 and 43 to 45, and

(b) determine the category rating for each assessment criterion by comparing the score determined under paragraph (a) of this subsection with the applicable column of Table 4 of the Schedule opposite the assessment criterion in column 1.

(4) If the registrar is unable to determine a score for an assessment criterion in accordance with the applicable section, the category rating for the assessment criterion is a category 1 rating.

(5) After conducting an assessment under subsection (2), the registrar must assign an institution

(a) to category 1 if the institution has 7 or more category 1 ratings for the assessment criteria,

(b) to category 3 if the institution has 7 or more category 3 ratings for the assessment criteria, and

(c) to category 2 if neither paragraph (a) nor (b) applies.

StudentAid BC support

43  The score for the StudentAid BC support criterion is determined as follows:

PSPFY = 100 x (CSS / SEPFY)
where
PSPFY=the percentage of students receiving StudentAid BC funding at the institution in the institution's previous fiscal year;
CSS=the number of students who started or who are continuing in an approved program of instruction in the institution's previous fiscal year who received StudentAid BC funding in their student enrolment contract term;
SEPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year.

International student enrolment

44  The score for the international student enrolment criterion is determined as follows:

PISSC = 100 x (NISSC / SEPFY)
where
PISSC=the percentage of international students with citizenship from one country;
NISSC=the number of international students with citizenship from one country that is the largest group of international students with citizenship from one country;
SEPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year.

Employment or further education

45  (1) The score for the employment or further education criterion is determined as follows:

PSE = 100 x [(NSRE + NSNRE + NSPSI) / SEPFY]
where
PSE=the percentage of students in employment or further education;
NSRE=the number of students who obtained employment in a career occupation related to the student's credential within 6 months after being granted a credential;
NSNRE=the number of students employed in a career occupation that is not related to the student's career training credential within 6 months after being granted a credential;
NSPSI=the number of students enrolled in further training or a post-secondary institution within 6 months after being granted a credential;
SEPFY=the number of students enrolled in approved programs of instruction during the institution's previous fiscal year.

(2) International students must be excluded when determining the score under subsection (1).

Part 7 — Payments

Manner and time for making payments

46  (1) The fees payable under Division 3 [Fees for Certified Institutions] of Part 2 [Fees] and the payments to the fund under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] must be paid in the form set out in this section.

(2) Unless subsection (3) applies, the fee or payment payable under subsection (1) must be paid in the form of

(a) a lump sum payment payable within 30 days of receiving notice from the registrar of the requirement to make the payment, or

(b) monthly payments,

(i) in the case of flat rate fees, in the amount set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1 or set out in section 7 (3), as applicable,

(ii) in the case of graduated fees, in equal monthly instalments, and

(iii) in the case of payments to the fund, in equal monthly instalments

payable on or before the 15th day of each month following the month in which the institution receives notice from the registrar of the requirement to make the payment.

(3) The fee or payment payable under subsection (1) must be in the form of a lump sum payment payable within 30 days of receiving notice from the registrar of the requirement to make the payment if

(a) the certificate term of the certificate an institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act, or

(b) the original certificate term of a certificate is 6 months or less.

Methods of payment

47  (1) Subject to subsection (2),

(a) the fees payable under Part 2 [Fees],

(b) the payments to the fund under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund],

(c) the payments required under section 26 [repayment of money by institution to fund], and

(d) the payment of administrative penalties under the Act

must be paid by

(e) cheque, payable to the Minister of Finance,

(f) credit card, or

(g) electronic funds transfer.

(2) Monthly payments under this Part must be paid by pre-authorized debit.

Schedule

Table 1 — Certification Fees

ItemColumn 1
Institution's Annual Tuition Revenue ($)
Column 2
Certification Fee ($)
1083
21 to 24 99933
325 000 to 49 99983
450 000 to 99 999132
5100 000 to 349 999199
6350 000 to 699 999315
7700 000 to 999 999420
81 000 000 to 2 499 999639
92 500 000 to 4 999 999855
105 000 000 to 7 499 9991 071
117 500 000 to 10 000 0001 295
12Greater than 10 000 0001 577

Table 2 — Flat Rate Fees

ItemColumn 1
Institution's Annual Tuition Revenue ($)
Column 2
Monthly Flat Rate Fees ($)
1Less than 25 00030.58
225 000 to 49 99976.42
350 000 to 99 999122.25
4100 000 to 349 999183.33
5350 000 to 699 999290.33
6700 000 to 999 999385.83
71 000 000 to 2 499 999588.33
82 500 000 to 4 999 999787.08
95 000 000 to 7 499 999985.75
107 500 000 to 10 000 0001 192.08
11Greater than 10 000 0001 451.92

Table 3 — Graduated Fees and Payments to Fund

ItemColumn 1
Institution
Column 2
Number of Certificate
or Registration Years
Column 3
Graduated Fees
— Percentage of
Annual Tuition
Revenue (%)
Column 4
Payment to Fund
— Percentage of
Annual Tuition
Revenue (%)
1All institutions other than an institution in the aboriginal institution class,
the language institution class or the regulatory body institution class
less than 2 years1.041
2Institution in the language institution class or the regulatory body institution classless than 2 years0.20.35
3Institution that holds a registration certificate2 or more years but
less than 5 years
0.5460.75
4Institution that holds a registration certificate5 or more years but
less than 11 years
0.450.5
5Institution that holds a registration certificate11 or more years0.40.475
6Institution that holds an interim designation or designation certificate2 or more years but
less than 5 years
0.2960.45
7Institution that holds an interim designation or designation certificate5 or more years but
less than 11 years
0.250.4
8Institution that holds an interim designation or designation certificate11 or more years0.20.35

Table 4 — Category Assignment

ItemColumn 1
Assessment Criteria
Column 2
Category 1
Column 3
Category 2
Column 4
Category 3
1Change in student enrolmentmore than -10%-10% to -30%less than -30%
2Student withdrawalless than 3%3% to 13%more than 13%
3Compliance orders and administrative penaltieszero1 to 3more than 3
4Claims against the fundzero2% or lessmore than 2%
5Current ratiomore than 1.51 to 1.4less than 1
6Months of working capitalmore than 1.51.25 to 1.5less than 1.25
7Change in revenuemore than -10%-10% to -30%less than -30%
8Profit marginmore than 1%0% to 1%less than 0%
9True trustmore than zerozeroless than zero
10StudentAid BC support50% or less51% to 70%more than 70%
11International student enrolmentless than 70%n/a70% or more
12Employment or further educationmore than 80%60% to 80%less than 60%

[Provisions relevant to the enactment of this regulation: Private Training Act, S.B.C. 2015, c. 5, section 64]