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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Private Training Act

[SBC 2015] CHAPTER 5

Contents
Part 1 — Definitions
1Definitions
Part 2 — Certified Institutions
Division 1 — Requirement for Certificate
2Certificate required to provide career training programs
3Designation certificate required for some career training institutions
Division 2 — Issuance of Certificate
4Application for certificate to provide career training programs
5Other institutions may apply for certificate
6Application for certificate
7Registrar issues certificates
8Conditions attached to certificates
9Refusal of certificate
10Continuation of certificate term if application made before deadline
Division 3 — Approval of Programs of Instruction
11Requirement for approval
12Program approval process
Division 4 — General
13Additional requirements for certified institutions
14Certain changes require notice or consent
15Surrender of certificate
16Provision of personal education numbers
Part 3 — Consumer Protection
Division 1 — General
17Online directory of institutions
18Program completion if institution ceased to hold certificate
19Dispute resolution process for student complaints
Division 2 — Student Tuition Protection Fund
20Continuation of fund
21Administration of fund
22Certified institution payments to fund
23Claims against fund
24Authority of trustee in dealing with claims
25Payments from fund
26Repayment of money received by claimant
27Repayment of money by institution after payment
Part 4 — Enforcement
Division 1 — Inspections
28Inspectors
29Inspections
30Inspection powers
31Inspection under warrant
Division 2 — Compliance Orders and Administrative Penalties
32Compliance orders
33Determination of administrative penalties
34Payment of administrative penalties
35Enforcement of administrative penalties
Division 3 — Suspension and Cancellation of Certificate
36Suspension of certificate
37Cancellation of certificate
Division 4 — Offences
38Career training credential definition
39Prohibition on granting credentials
40Prohibition on selling credentials
41Prohibition on false or misleading representations
42Prohibition on false or misleading information
43Offences and penalty
Division 5 — General
44Limitation periods
45Injunction
46Associated institutions
Part 5 — Reconsideration, Appeal and Review
Division 1 — Registrar Reconsiderations
47Reconsideration on request or on registrar's initiative
48Reconsideration decision
49Registrar's rules of practice and procedure
Division 2 — Appeal to Commissioner from Registrar Decisions
50Appeal to commissioner
51Power to award costs
52Exclusive jurisdiction of commissioner
53Application of Administrative Tribunals Act
Division 3 — Review of Administrative Penalties for Uncertified Institutions
54Request for review of administrative penalty
55Review of administrative penalty
56Exclusive jurisdiction of review officer
Part 6 — Administration and General
Division 1 — Registrar
57Appointment of registrar
58Registrar's power to delegate
Division 2 — Commissioner
59Appointment of commissioner
60Commissioner's power to delegate
Division 3 — Other Matters
61Collection, use and disclosure of personal information
62Address for service requirements and delivery of notices
Division 4 — Regulations
63Power of minister to make regulations
64Power of Lieutenant Governor in Council to make regulations
Part 7 — Transitional Provisions, Repeal and Consequential Amendments
Division 1 — Transitional Provisions
65Definitions
66Transition — deemed continuation of former legislation
67Transition — regulations
68Transition — dissolution of agency and transfer of assets and liabilities
69Transition — effect of transfer
70Transition — records
71Transition — dealing with transferred assets and liabilities
72Transition — registration and accreditation
73Transition — suspension or cancellation of registration or accreditation
74Transition — operational changes
75Transition — fees payable to the agency
76Transition — Student Training Completion Fund
77Transition — claims against the fund
78Transition — reconsiderations and appeals
79Transition — personal liability protection
80Transition — public administrator
81Transition — appropriation
Division 2 — Repeal
82Repeal
83–89
90Commencement

Part 1 — Definitions

Definitions

1  In this Act:

"administrative penalty" means a penalty imposed under section 33 [determination of administrative penalties];

"approved", in relation to a program of instruction, means a program of instruction that is approved under Division 3 [Approval of Programs of Instruction] of Part 2 [Certified Institutions];

"career occupation" means an occupation described in the current edition of the National Occupational Classification, other than an occupation prescribed by regulation;

"career-related program of instruction" means a program of instruction provided to a student for the purpose of

(a) enhancing the student's employability in a career occupation, or

(b) improving the student's ability to carry out a career occupation;

"career training institution" means an institution that provides or intends to provide a career training program;

"career training program" means a career-related program of instruction referred to in section 2 [certificate required to provide career training programs];

"certificate" means, except in sections 38 [career training credential definition] and 44 [limitation periods], a designation certificate, an interim designation certificate or a registration certificate;

"certified", in relation to an institution, means an institution that holds a certificate;

"claimant" means a student who files a claim under section 23 [claims against fund];

"commissioner" means the commissioner appointed under section 59 [appointment of commissioner];

"compliance order" means an order issued by the registrar under section 32 [compliance orders];

"compliance standards" means standards respecting education, administration and finances prescribed by regulation;

"degree" means recognition or implied recognition of academic achievement that

(a) is specified in writing to be an associate, baccalaureate, masters, doctoral or similar degree, and

(b) is not a degree in theology;

"designation certificate" means a designation certificate issued under section 7 (1) [designation certificate];

"excluded institution" means any of the following:

(a) a board of education as defined in the School Act;

(b) a francophone education authority as defined in the School Act;

(c) an authority as defined in the Independent School Act;

(d) the minister responsible for the administration of the School Act, in respect of a Provincial school as defined in that Act;

(e) the government of Canada, in respect of a school operated by that government;

(f) a first nation as defined in the School Act, in respect of a school operated by the first nation;

(g) a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), in respect of a school operated by that authority;

(h) a treaty first nation in respect of a school operated by the treaty first nation under its own laws;

(i) an institution established under the College and Institute Act, the Royal Roads University Act, the Thompson Rivers University Act or the University Act;

(j) an institution that is authorized by a consent under the Degree Authorization Act and offers only degree programs to which the consent applies;

(k) an institution established or continued under an Act and authorized under that Act to grant or confer degrees;

(l) a professional organization established by an Act in respect of a program of instruction, if the program of instruction is part of professional requirements or is for the purpose of professional development;

(m) an institution that is excluded by regulation;

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

"former registrar" means a registrar appointed under section 5 (5) of the former Act;

"fund" means the Student Tuition Protection Fund continued under section 20 [continuation of fund];

"inspector" means a person appointed under section 28 [inspectors] or the registrar;

"institution" means

(a) a person who provides or intends to provide a program of instruction, and

(b) in relation to compliance with and enforcement of this Act and the regulations, a person who provided a program of instruction,

other than an excluded institution;

"interim designation certificate" means an interim designation certificate issued under section 7 (2) [interim designation certificate];

"National Occupational Classification" means the National Occupational Classification developed by Employment and Social Development Canada and Statistics Canada and their successors, as amended from time to time;

"personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act;

"program of instruction" means a course or series of courses of training or instruction;

"registrar" means the registrar appointed under section 57 [appointment of registrar];

"registration certificate" means a registration certificate issued under section 7 (1) [registration certificate];

"review officer" means a ministry employee designated by the minister for the purposes of Division 3 [Review of Administrative Penalties for Uncertified Institutions] of Part 5 [Reconsideration, Appeal and Review];

"student" means a person who is or was, or is applying to be, enrolled in a program of instruction at an institution;

"tuition" means the total of the fees a person must pay to an institution in respect of a program of instruction, but does not include the following:

(a) administrative fees;

(b) application fees;

(c) assessment fees;

(d) fees charged for textbooks or other course materials, including equipment and uniforms;

(e) any other fees prescribed by regulation.

Part 2 — Certified Institutions

Division 1 — Requirement for Certificate

Certificate required to provide career training programs

2  Unless an institution holds a certificate under this Act, the institution must not offer to provide, enter into a contract with a student to provide, or provide a career-related program of instruction for which

(a) the tuition is equal to or greater than the amount prescribed by regulation, and

(b) the instructional time is equal to or greater than the duration prescribed by regulation.

Designation certificate required for some career training institutions

3  (1) If either or both of the following apply, a career training institution must not offer to provide, enter into a contract with a student to provide, or provide a career training program unless the institution holds a designation certificate:

(a) the institution's annual tuition revenue for the previous fiscal year was equal to or greater than the amount prescribed by regulation;

(b) the career training program is of a class prescribed by regulation.

(2) For the purposes of this Act, an institution's annual tuition revenue means the total tuition earned by the institution in respect of approved programs of instruction during the previous fiscal year.

Division 2 — Issuance of Certificate

Application for certificate to provide career training programs

4  (1) An institution may apply in accordance with this Division for a certificate required for the institution to provide a career training program.

(2) An application under this section

(a) must be for a designation certificate if section 3 applies, and

(b) in any other case, may be for either a registration certificate or a designation certificate.

Other institutions may apply for certificate

5  An institution that is not required to hold a certificate may apply in accordance with this Division for a registration certificate or a designation certificate.

Application for certificate

6  An institution may apply for a certificate by submitting the following to the registrar:

(a) the information and records required under this Act;

(b) the application form and other information and records required by the registrar;

(c) the applicable fees prescribed by regulation of the Lieutenant Governor in Council.

Registrar issues certificates

7  (1) On application by an institution, the registrar may issue a registration certificate or a designation certificate to the institution if the following requirements are met:

(a) the registrar is satisfied that the institution meets the requirements prescribed by regulation for the certificate;

(b) at least one of the institution's programs of instruction has been approved under Division 3 [Approval of Programs of Instruction];

(c) if the registrar determines in accordance with the regulations of the Lieutenant Governor in Council that security is required, the institution gives security acceptable to the registrar in accordance with those regulations;

(d) the institution pays the applicable fees prescribed by regulation of the Lieutenant Governor in Council.

(2) The registrar may issue an interim designation certificate to an institution that has applied for a designation certificate, but does not meet the requirements for a designation certificate referred to in subsection (1) (a), if the registrar is satisfied that the institution meets

(a) the requirements prescribed by regulation for the interim designation certificate, and

(b) the requirements referred to in subsection (1) (b), (c) and (d).

(3) If the registrar issues a certificate to an institution under subsection (1) or (2), the registrar must issue a separate certificate for each location where the institution provides, or from which the institution provides, a program of instruction.

(4) The registrar must include the following information in a certificate issued under this section:

(a) if the institution is not an individual, the full legal name and any operating name the institution uses or has used;

(b) if the institution is an individual, the full name and any operating name the institution uses or has used;

(c) the address of the location in relation to which the certificate is issued;

(d) the expiry date of the certificate.

(5) Subject to subsection (6), a certified institution must post and keep posted, at both of the following sites, each certificate or a copy of each certificate issued under this section:

(a) a prominent place at the location for which the certificate is issued;

(b) the institution's website, if any.

(6) The requirement in subsection (5) applies until the certificate

(a) expires,

(b) is surrendered under section 15 [surrender of certificate], or

(c) is cancelled under section 37 [cancellation of certificate].

(7) A certificate issued under this section is not transferable or assignable.

Conditions attached to certificates

8  (1) The registrar may, in issuing a certificate to an institution, attach conditions to the certificate for the purposes of consumer protection and quality assurance respecting the provision of programs of instruction by the institution.

(2) The registrar may, at any time, remove a condition attached to a certificate, if the registrar is satisfied that the condition is no longer required for the purposes referred to in subsection (1).

Refusal of certificate

9  (1) If the registrar refuses to issue a certificate under section 7 [registrar issues certificates], the registrar must give written reasons to the institution for the registrar's decision.

(2) An institution may not reapply for a registration certificate or a designation certificate during the 12-month period following the date of receipt of the registrar's decision if

(a) the institution's application for a registration certificate is refused, or

(b) the institution's application for a designation certificate is refused and the institution is not issued an interim designation certificate.

Continuation of certificate term if application made before deadline

10  If a certified institution applies for a certificate in accordance with this Division before the deadline prescribed by regulation, the institution's current certificate remains valid until

(a) the registrar issues to the institution a certificate under section 7 [registrar issues certificates], or

(b) receipt by the institution of the registrar's decision refusing to issue a certificate under section 7.

Division 3 — Approval of Programs of Instruction

Requirement for approval

11  (1) If a program of instruction is of a class prescribed by regulation as requiring approval under this Division, a certified institution must not enter into a contract with a student to provide, or provide the program of instruction if the program of instruction has not been approved by the registrar in accordance with this Division.

(2) As an exception, subsection (1) does not apply to a degree program of an institution for which the degree or the program is authorized by a consent under the Degree Authorization Act.

Program approval process

12  (1) This section applies to an institution that is

(a) applying for a certificate, or

(b) a certified institution that intends to provide a new program of instruction.

(2) The institution must submit the following to the registrar:

(a) the information and records required by the regulations;

(b) other information and records required by the registrar;

(c) the applicable fees prescribed by regulation of the Lieutenant Governor in Council.

(3) The registrar must

(a) decide, in accordance with the regulations, whether the program of instruction requires approval under this Division in order to be provided by the institution, and

(b) if approval referred to in paragraph (a) is required, decide in accordance with the regulations whether or not to approve the program of instruction.

Division 4 — General

Additional requirements for certified institutions

13  A certified institution must

(a) comply with all requirements for the institution's certificate referred to in section 7 (1) (a) or (2) (a) [requirements prescribed by regulation],

(b) maintain any security required under section 7 (1) (c) [security requirement],

(c) comply with any conditions attached to the institution's certificate by the registrar under section 8 (1) [conditions attached to certificates],

(d) comply with compliance standards applicable to the institution,

(e) offer at least one approved program of instruction,

(f) fulfill all reporting requirements prescribed by regulation,

(g) maintain compliance with all local, provincial and federal enactments related to the operation or administration of the institution, and

(h) pay the applicable fees prescribed by regulation of the Lieutenant Governor in Council.

Certain changes require notice or consent

14  (1) A certified institution must not implement

(a) a change that is of a class prescribed by regulation as requiring notification without notifying the registrar, and

(b) a change that is of a class prescribed by regulation as requiring notification and consent without the registrar's consent to the change.

(2) A certified institution that is proposing a change referred to in subsection (1) must

(a) notify the registrar, in the manner and time prescribed by regulation,

(b) submit to the registrar the information and records required by the regulations,

(c) submit to the registrar other information and records required by the registrar, and

(d) pay the applicable fees prescribed by regulation of the Lieutenant Governor in Council.

(3) If implementing a proposed change requires consent under this section, the registrar must decide in accordance with the regulations whether or not to consent to the change.

Surrender of certificate

15  (1) A certified institution may surrender any or all of its certificates in accordance with the regulations.

(2) If an institution surrenders a certificate under subsection (1), the institution must immediately return the certificate to the registrar.

Provision of personal education numbers

16  (1) In this section:

"personal education number" means a unique identification number for a private post-secondary student assigned or identified under section 170.3 (2) of the School Act;

"private post-secondary student" means a person who is, or is applying to be, enrolled in a career training program at a certified career training institution;

"private post-secondary student's personal information" means recorded information about an identifiable individual.

(2) This section applies only with respect to a private post-secondary student

(a) at a certified career training institution that has been designated under section 168 (7) (d) [minister may designate institutions] of the School Act, or

(b) in a career training program that has been designated under section 168 (7) (e) [minister may designate programs] of that Act.

(3) A certified career training institution must require a private post-secondary student to provide the career training institution with

(a) the private post-secondary student's personal education number, or

(b) the private post-secondary student's personal information necessary to obtain a personal education number for the private post-secondary student.

(4) A certified career training institution must submit the private post-secondary student's personal information collected under subsection (3) (b) to the minister responsible for the administration of the School Act to obtain a personal education number for the private post-secondary student.

(5) A certified career training institution may use a private post-secondary student's personal education number for the following purposes:

(a) carrying out its responsibilities in respect of operating a career training program or activity of the institution;

(b) conducting research and statistical analysis of a private post-secondary student's personal information in its possession;

(c) facilitating the provision of a private post-secondary student's personal information under subsection (6).

(6) A certified career training institution must provide to the minister the private post-secondary student's personal information about a private post-secondary student that is in the possession of the institution if the minister requests that information.

(7) The minister must provide, to the minister responsible for the administration of the School Act, the private post-secondary student's personal information about a private post-secondary student that is in the possession of the minister if the minister responsible for the administration of the School Act requests that information and provides the minister with a valid personal education number for that private post-secondary student.

Part 3 — Consumer Protection

Division 1 — General

Online directory of institutions

17  (1) The registrar must, in accordance with the regulations, establish and maintain an online directory of all certified institutions and former certified institutions for the purpose of providing the public with the following information about each institution:

(a) if the institution is not an individual, the full legal name and any operating name the institution uses or has used;

(b) if the institution is an individual, the full name and any operating name the institution uses or has used;

(c) whether the institution has been issued a designation certificate, interim designation certificate or registration certificate and the expiry date of any certificate;

(d) a list of all programs of instruction the institution provides;

(e) a record of

(i) any administrative penalty imposed on the institution,

(ii) any suspension or cancellation of the institution's certificate under section 36 or 37, and

(iii) any injunction granted under section 45;

(f) any additional information prescribed by regulation.

(2) Subsection (1) applies to a registered institution or an accredited institution as defined in the former Act if the registration or accreditation of the institution, as applicable, was cancelled under the former Act.

(3) If an institution

(a) does not hold any certificate, and

(b) is contravening or has contravened a provision of this Act or the regulations,

the registrar must, in accordance with the regulations, publish in the online directory any information referred to in subsection (1) (a), (b) and (e) (i) and (iii) known by the registrar about the institution.

(4) In addition to the information required by this section, the registrar may publish information, including personal information, in the online directory that the registrar considers to be in the public interest.

Program completion if institution ceased to hold certificate

18  (1) This section applies if

(a) an institution that was a certified institution ceased to hold any certificate before a student enrolled in an approved program of instruction at the institution completed the program of instruction, and

(b) the student files a claim against the fund under section 23 (1) (a) [claims against fund].

(2) The registrar may appoint a person to provide a comparable program of instruction in substitution for the program of instruction referred to in subsection (1).

(3) A former certified institution referred to in subsection (1) (a) must comply with any applicable regulations to facilitate the provision of the comparable program of instruction.

Dispute resolution process for student complaints

19  A certified institution must establish, in accordance with the regulations, a dispute resolution process for student complaints respecting the institution or any aspect of the institution's operations.

Division 2 — Student Tuition Protection Fund

Continuation of fund

20  (1) The Student Training Completion Fund, established under the Private Career Training Institutions Act, is continued as a trust fund to be known as the Student Tuition Protection Fund.

(2) The fund consists of the following:

(a) the closing balance in the fund at the end of the day before the date this section comes into force;

(b) payments made to the fund under section 22 [certified institution payments to fund], 26 [repayment of money received by claimant] or 27 [repayment of money by institution after payment];

(c) any money from a source prescribed by regulation of the Lieutenant Governor in Council for the purposes of this Act;

(d) all earnings of the fund, net of any associated investment fees and expenses.

Administration of fund

21  (1) The minister is the trustee of the fund.

(2) The trustee may delegate to one or more employees of the ministry any of the trustee's powers or duties.

(3) A delegation under subsection (2) must be in writing and may include any terms or conditions the trustee considers advisable.

(4) The trustee may enter into an agreement for the purposes of this Act with a person, including a minister of the government, and may, under that agreement, appoint that person as the administrator of the fund.

(5) The trustee must make public the report required by section 11 (3) of the Auditor General Act.

Certified institution payments to fund

22  A certified institution must make payments to the fund in accordance with the regulations of the Lieutenant Governor in Council.

Claims against fund

23  (1) A student may file a claim against the fund with the trustee in accordance with this section on either or both of the following grounds:

(a) an institution that was a certified institution ceased to hold any certificate before the student completed an approved program of instruction in which that student was enrolled at the institution;

(b) a certified institution misled the student regarding any significant aspect of an approved program of instruction in which that student was enrolled at the institution.

(2) A claim against the fund must be filed in accordance with the regulations of the Lieutenant Governor in Council.

(3) The time limit for filing a claim against the fund is,

(a) if the claim is on the grounds referred to in subsection (1) (a), no later than one year after the institution to which the claim relates ceased to hold any certificate, and

(b) if the claim is on the grounds referred to in subsection (1) (b), no later than one year after the student completed, or was dismissed or withdrew from, the program of instruction that was grounds for the claim.

(4) A student may not file a claim against the fund on the grounds referred to in subsection (1) (b) until the student has first exhausted the institution's dispute resolution process.

Authority of trustee in dealing with claims

24  (1) For the purpose of adjudicating a claim filed against the fund under section 23, the trustee may do any of the following:

(a) require a person to give evidence, on oath or affirmation or in any other manner, that is relevant to the claim;

(b) require a person who has possession or control of a record or other thing that is relevant to the claim to produce the record or other thing;

(c) require that the information in the claim be verified by affidavit;

(d) receive and examine evidence and information on oath or affirmation, by affidavit or otherwise as the trustee considers proper, whether or not the evidence is admissible in any court;

(e) inspect, audit or examine a record or any other thing;

(f) make inquiries that the trustee considers necessary.

(2) The trustee may apply to the Supreme Court for an order directing a person to comply with a requirement under subsection (1) (a) or (b).

(3) A person must not hinder, obstruct or interfere with the trustee's exercise of powers under subsection (1).

(4) The trustee has exclusive jurisdiction to inquire into, hear and decide claims against the fund, in accordance with the regulations of the Lieutenant Governor in Council.

(5) A decision, order or ruling of the trustee made under this Act in respect of a matter that relates to the fund and that is within the trustee's jurisdiction is final and conclusive and is not open to question or review in any court.

Payments from fund

25  (1) The trustee may, in accordance with the regulations of the Lieutenant Governor in Council, pay from the fund, or authorize the administrator of the fund to pay from the fund, the following:

(a) in relation to an approved claim under section 23 (1) (a) [institution ceased to hold any certificate], all or a portion of the tuition paid by the claimant, or on behalf of the claimant,

(i) to the person appointed under section 18 [program completion if institution ceased to hold certificate], if the registrar considers that a comparable program of instruction can be provided under that section, or

(ii) to the claimant, if the registrar

(A) considers that a comparable program of instruction cannot be provided under section 18, or

(B) is satisfied that special circumstances prevent the claimant from completing a comparable program of instruction provided under that section;

(b) in relation to an approved claim under section 23 (1) (b) [certified institution misled student], all or a portion of the tuition paid by the claimant, or on behalf of the claimant, to the claimant;

(c) a payment, or part of a payment, authorized under paragraph (a) or (b), to the government if all or a portion of the tuition was paid using funds from a provincial or federal student assistance program to be applied to the claimant's outstanding obligations under the program;

(d) costs incurred by the trustee in administering the fund, including the costs of

(i) investigating and processing claims against the fund,

(ii) ensuring that claims can be met, and

(iii) recovering money paid in respect of an approved claim, including actual legal costs.

(2) If the fund is insufficient to pay all approved claims, the trustee may, in accordance with the regulations of the Lieutenant Governor in Council, prorate payments among claimants whose claims are approved.

Repayment of money received by claimant

26  (1) If money is paid from the fund to a claimant, the trustee may require the claimant to pay to the fund any money received by the claimant from another source in respect of the claim, up to the amount paid from the fund to the claimant.

(2) If the claimant fails to comply with subsection (1), the trustee has a cause of action against the claimant for the amount unpaid.

Repayment of money by institution after payment

27  (1) If a payment is made from the fund under section 25 (1) (a), (b) or (c) [payments from fund] in relation to an institution, the trustee may do either or both of the following to compensate the fund for the amount of the payment:

(a) require the institution in relation to which the payment was made to pay to the fund, in the manner and at the times prescribed by regulation of the Lieutenant Governor in Council, the amount of the payment made from the fund;

(b) realize the security held under this Act in relation to the institution, up to the amount paid from the fund.

(2) If an institution required to make a payment under subsection (1) (a) fails to make the required payment, the trustee has a cause of action against the institution for the amount unpaid.

(3) If the trustee considers that an institution required to make a payment under subsection (1) (a) and one or more other institutions are or were operated by or through more than one individual, corporation, firm, syndicate or association, or any combination of them under common control or direction,

(a) they are jointly and separately liable for payment of the amount referred to in subsection (1) (a), and

(b) this Act applies to the recovery of that amount from any or all of them.

(4) If an individual or organization liable under subsection (3) fails to make the required payment, the trustee has a cause of action against each individual or organization for the amount unpaid.

(5) Any security realized under this section must be paid into the fund.

(6) A payment under this section is in addition to any payment made under section 22 [certified institution payments to fund].

Part 4 — Enforcement

Division 1 — Inspections

Inspectors

28  (1) The registrar may appoint persons or a class of persons as inspectors.

(2) The registrar may impose restrictions on the powers and duties that an inspector may exercise or perform under this Act.

Inspections

29  An inspector may conduct an inspection for the following purposes:

(a) assessing an applicant for a registration certificate or designation certificate;

(b) determining compliance with

(i) this Act or the regulations, or

(ii) the requirements of other government programs prescribed by regulation;

(c) determining whether it is appropriate to suspend or cancel a certificate.

Inspection powers

30  (1) For the purpose of an inspection, an inspector may, without a warrant, do any of the following, during business hours:

(a) enter the business premises of an institution or other business premises where the institution provides, or from which the institution provides, a program of instruction;

(b) inspect, audit or examine a record or any other thing or observe the provision of programs of instruction in the premises;

(c) require any person who has possession or control of any of the records or other things in the premises to produce the records or things;

(d) remove from the premises a record or any other thing for the purpose of making copies;

(e) remove from the premises and retain a record or any other thing that may be required as evidence;

(f) make a record, including a record on film, audio tape, video tape or otherwise, of the premises and any person or thing in or on the premises;

(g) question a person.

(2) The authority under subsection (1) must not be used to enter a private residence except with the consent of the occupant or with the authority of a warrant under section 31.

(3) The inspector may apply to the Supreme Court for an order directing a person to comply with a requirement under subsection (1) (c).

(4) A person must not hinder, obstruct or interfere with an inspector conducting an inspection.

(5) The registrar must provide inspectors with written credentials of their appointment.

(6) On request, an inspector must produce the credentials provided under this section when exercising or seeking to exercise any of the powers conferred on the inspector under this section.

Inspection under warrant

31  (1) Without limiting the authority under the Offence Act, a justice may issue warrants for the purposes of this Act as follows:

(a) on being satisfied on evidence on oath or affirmation that entry on or into a private residence is necessary for any purpose related to carrying out an inspection, the justice may issue a warrant authorizing an inspector to enter the private residence to conduct an inspection;

(b) on being satisfied on evidence on oath or affirmation that a place is used as a business premises of an institution, the justice may issue a warrant authorizing an inspector to enter the place to conduct an inspection;

(c) on being satisfied on evidence on oath or affirmation that there are in any place records or other things for which there are reasonable grounds to believe that they are relevant to a matter under this Act, the justice may issue a warrant authorizing an inspector to enter the place to search for and seize any records or other things relevant to the matter in accordance with the warrant.

(2) In a warrant under subsection (1), a justice may authorize an inspector to do one or both of the following:

(a) enter at a specified time or within a specified period;

(b) enter by force, if necessary.

(3) Without notice to any other person, an inspector may apply, in the manner prescribed in the regulations, to a justice for a warrant under subsection (1).

Division 2 — Compliance Orders and Administrative Penalties

Compliance orders

32  (1) If satisfied that an institution is contravening or has contravened a provision of this Act or the regulations, the registrar may order the institution to comply with this Act and the regulations.

(2) A compliance order under this section must

(a) name the institution in respect of which the order is issued,

(b) describe the act, omission or practice by which the institution is contravening or has contravened a provision of this Act or the regulations,

(c) identify the provision of this Act or the regulations that is being contravened or has been contravened, and

(d) be dated and signed by the registrar.

(3) In a compliance order under this section, the registrar may order that an institution take specified action within a specified time to remedy an act, omission or practice by which the institution is contravening or has contravened a provision of this Act or the regulations.

(4) The registrar must serve a copy of a compliance order under this section on the institution named in the order.

Determination of administrative penalties

33  (1) If the registrar is satisfied on a balance of probabilities that an institution has

(a) contravened a provision of this Act or the regulations prescribed by the Lieutenant Governor in Council, or

(b) failed to comply with a compliance order,

the registrar may serve the institution with a determination requiring the institution to pay an administrative penalty in the amount and in the manner prescribed by regulation of the Lieutenant Governor in Council.

(2) If the registrar imposes an administrative penalty on an institution, a prosecution for an offence under this Act for the same contravention may not be brought against the institution.

(3) An institution that has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

(4) If an administrative penalty is imposed on an institution that is a corporation, an officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the contravention is also liable under this section for the administrative penalty if the corporation fails to pay the administrative penalty in accordance with section 34.

Payment of administrative penalties

34  An institution on which an administrative penalty is imposed must pay the administrative penalty as follows:

(a) within 30 days after the date on which the determination under section 33 is served on the institution, unless paragraph (b), (c) or (d) of this section applies;

(b) if the institution requests a reconsideration under section 47 [reconsideration on request or on registrar's initiative], within 30 days after the date on which a reconsideration decision affirming the administrative penalty is served on the institution, unless paragraph (c) of this section applies;

(c) if the institution commences an appeal under section 50 [appeal to commissioner], within 30 days after the date on which the institution receives written reasons for the commissioner's order dismissing the appeal or reducing the amount of the administrative penalty;

(d) if the institution requests a review under section 54 [request for review of administrative penalty], within 30 days after the date on which a review decision affirming the administrative penalty or reducing the amount of the administrative penalty is served on the institution.

Enforcement of administrative penalties

35  (1) An administrative penalty constitutes a debt payable to the government by the institution on which the penalty is imposed.

(2) If an institution fails to pay an administrative penalty as required under section 34,

(a) the registrar may file with the Supreme Court a certified copy of the applicable determination, reconsideration decision, commissioner's order or review decision, and

(b) on being filed, the applicable determination, reconsideration decision, commissioner's order or review decision has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of that court.

Division 3 — Suspension and Cancellation of Certificate

Suspension of certificate

36  (1) If the registrar is satisfied that a certified institution is contravening or has contravened a provision of this Act or the regulations, the registrar may suspend any or all of the institution's certificates for a period the registrar considers appropriate in the circumstances.

(2) If the registrar suspends an institution's certificate under this section, the registrar must give written reasons to the institution for the registrar's decision.

(3) If an institution's certificate is suspended under this section, the institution

(a) may continue to provide a program of instruction to students who were enrolled in the program of instruction on the date of receipt of the registrar's decision, and

(b) must not offer to provide, enter into a contract with a student to provide, or provide a program of instruction that requires approval under Division 3 [Approval of Programs of Instruction] of Part 2 [Certified Institutions] to persons who are not students described in paragraph (a).

Cancellation of certificate

37  (1) If the registrar is satisfied that a certified institution is contravening or has contravened a provision of this Act or the regulations, the registrar may cancel any or all of the institution's certificates.

(2) If the registrar cancels an institution's certificate under this section, the registrar must give

(a) written reasons to the institution for the registrar's decision, and

(b) notice of the cancellation to the students who were enrolled in the institution on the date of the cancellation.

(3) If an institution's certificate is cancelled under this section, the institution

(a) may not reapply for a certificate during the 12-month period following the date of receipt of the registrar's decision, and

(b) must immediately return the certificate to the registrar.

Division 4 — Offences

Career training credential definition

38  In this Division, "career training credential" means a certificate, diploma, record or other material, other than a degree, that indicates or implies the completion of a career training program.

Prohibition on granting credentials

39  An institution must not grant a career training credential on completion of a career training program that is required to be approved under this Act unless the career training program has been approved.

Prohibition on selling credentials

40  (1) Subject to subsection (2), a person must not directly or indirectly sell, offer for sale or advertise for sale, or provide by agreement for a fee, reward or other remuneration, a career training credential.

(2) This section does not apply in relation to the granting of a career training credential on completion of a career training program provided by the person.

Prohibition on false or misleading representations

41  (1) A person must not represent itself, or allow itself to be represented,

(a) as a certified institution if the person does not hold a certificate, or

(b) as a certified institution that holds a designation certificate if the person does not hold a designation certificate.

(2) A certified institution must not engage in advertising or make a representation that is false, deceptive or misleading or otherwise prohibited by regulation.

Prohibition on false or misleading information

42  (1) A person must not provide false or misleading information when required or authorized under this Act to provide information.

(2) A person does not commit an offence for contravening this section, if, at the time the information was provided, the person did not know that the information was false or misleading and, with the exercise of reasonable diligence, could not have known that the information was false or misleading.

Offences and penalty

43  (1) A person who contravenes any of the following commits an offence:

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

(b) section 3 [designation certificate required for some career training institutions];

(c) section 24 (3) [must not hinder trustee];

(d) section 30 (4) [must not hinder inspector];

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

(f) section 40 [prohibition on selling credentials];

(g) section 41 [prohibition on false or misleading representations];

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

(2) If a corporation commits an offence under this Act, an officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence commits the same offence whether or not the corporation has been prosecuted or convicted of the offence.

(3) A person who commits an offence under this section is liable to a fine of not more than $100 000.

(4) Section 5 of the Offence Act does not apply to this Act or the regulations.

Division 5 — General

Limitation periods

44  (1) The time limit for serving a determination under section 33 (1) [determination of administrative penalties] is 2 years after the date on which the alleged contravention or failure to which the determination relates occurred.

(2) Subject to subsection (3), the time limit for laying an information to commence a prosecution for an offence under this Act is 2 years after the date on which the act or omission that is alleged to constitute the offence occurred.

(3) The time limit for laying an information to commence a prosecution for an offence under section 43 (1) (e) or (f) of this Act is

(a) 2 years after the date on which the act or omission that is alleged to constitute the offence occurred, or

(b) if the registrar issues a certificate described in subsection (5), 2 years after the date on which the registrar learned of the act or omission referred to in paragraph (a) of this subsection.

(4) Even if the limitation period established by subsection (3) (b) has not expired, an information to commence a prosecution for an offence under this Act must not be laid more than 7 years after the date on which the act or omission that is alleged to constitute the offence occurred.

(5) A certificate purporting to have been issued by the registrar certifying the date referred to in subsection (3) (b) is proof of that date.

Injunction

45  (1) On application by the registrar, the Supreme Court may grant an injunction doing one or more of the following:

(a) restraining a person from contravening a provision of this Act or the regulations, if the court is satisfied that there are reasonable grounds to believe that the person has contravened or is likely to contravene a provision of this Act or the regulations;

(b) requiring a person to comply with this Act or the regulations, if the court is satisfied that there are reasonable grounds to believe that the person has not complied or is likely not to comply with this Act or the regulations;

(c) requiring a person not to hold itself out

(i) as a certified institution if the person does not hold a certificate, or

(ii) as a certified institution that holds a designation certificate if the person does not hold a designation certificate.

(2) A contravention of this Act or the regulations may be restrained under subsection (1) whether or not a penalty or other remedy is provided by this Act.

(3) At any time before the court disposes of the injunction proceeding, the court may grant an interim injunction.

(4) With respect to considering an interim injunction under subsection (3),

(a) the court must give greater weight, importance and the balance of convenience to the enforcement of this Act than to the continued operation of the institution,

(b) the registrar must not be required to post a bond or give an undertaking as to damages, and

(c) the registrar need not establish that irreparable harm will be done if the interim injunction is not issued.

Associated institutions

46  If the registrar or the trustee considers that institutions are or were carried on by or through more than one individual, corporation, firm, syndicate or association, or any combination of them under common control or direction, the registrar or trustee may treat them as one institution for the purposes of this Act.

Part 5 — Reconsideration, Appeal and Review

Division 1 — Registrar Reconsiderations

Reconsideration on request or on registrar's initiative

47  (1) On request by an institution or on the registrar's own initiative, the registrar may reconsider the registrar's decision in respect of any of the following:

(a) a refusal to grant a certificate to the institution under section 7 [registrar issues certificates];

(b) the imposition of an administrative penalty on a certified institution under section 33 [determination of administrative penalties];

(c) the suspension of a certificate under section 36 [suspension of certificate].

(2) A reconsideration of a decision referred to in subsection (1) (c),

(a) on request by an institution, does not operate as a stay of the suspension, and

(b) on the registrar's own initiative, does operate as a stay of the suspension.

(3) An institution may request a reconsideration on one or more of the following grounds:

(a) the registrar erred in law;

(b) the registrar failed to observe the principles of natural justice in making the decision;

(c) evidence has become available that was not available at the time the decision was made.

(4) A request for reconsideration under subsection (3) must

(a) be in writing in a form acceptable to the registrar,

(b) include the fee prescribed by regulation of the Lieutenant Governor in Council,

(c) be made

(i) within 30 days of receipt of a decision referred to in subsection (1) (a) or (c), or

(ii) within 15 days of service of the determination in relation to subsection (1) (b), and

(d) identify the grounds on which reconsideration is requested.

(5) If the registrar reconsiders a decision on the registrar's initiative, the registrar

(a) must give written notice of the reconsideration to the institution, and

(b) may provide the institution with an opportunity to submit additional information.

(6) When reconsidering a decision referred to in subsection (1), the registrar may consider information that was not before the registrar at the time the original decision was made.

Reconsideration decision

48  (1) With respect to a decision referred to in section 47 (1) (a) [reconsideration of certificate decision], the registrar may

(a) confirm the decision, or

(b) issue a certificate.

(2) With respect to a decision referred to in section 47 (1) (b) [reconsideration of administrative penalty], the registrar may

(a) find that the person did not contravene the provision of this Act or the regulations specified in the determination and rescind the administrative penalty, or

(b) find that the person did contravene the provision of this Act or the regulations specified in the determination and affirm the administrative penalty.

(3) With respect to a decision referred to in section 47 (1) (c) [reconsideration of suspension], the registrar may

(a) cancel the suspension, or

(b) confirm the suspension.

(4) The registrar must give written reasons to the institution for the registrar's decision under this section.

(5) The registrar may, within 7 days of the date of a reconsideration decision by the registrar, amend a decision under this section to

(a) correct a typographical, an arithmetical or another similar error in the decision, and

(b) correct an obvious error or omission in the decision.

Registrar's rules of practice and procedure

49  The registrar may make rules respecting practice and procedure in relation to the just and timely resolution of reconsiderations under this Division.

Division 2 — Appeal to Commissioner from Registrar Decisions

Appeal to commissioner

50  (1) An institution may commence an appeal to the commissioner by filing a notice of appeal of

(a) a decision to cancel the institution's certificate under section 37 [cancellation of certificate], or

(b) a reconsideration decision under section 48 [reconsideration decision].

(2) A notice of appeal under subsection (1) must

(a) be in writing in a form acceptable to the commissioner,

(b) include the fee prescribed by regulation of the Lieutenant Governor in Council, and

(c) be filed with the commissioner within 30 days of receipt of

(i) the notice of cancellation, or

(ii) the reconsideration decision.

(3) If the commissioner receives a notice of appeal, the commissioner must acknowledge receipt of the notice of appeal.

(4) Subject to subsection (5), an appeal under this section is an appeal on the record.

(5) The commissioner may consider evidence that is not part of the record as the commissioner considers is reasonably required for a full and fair disclosure of all matters related to the decision under appeal.

(6) The commissioner may make an order doing one or more of the following in respect of an appeal under this section:

(a) dismissing the appeal;

(b) allowing the appeal and giving any directions to the registrar that the commissioner considers appropriate in the circumstances;

(c) varying the decision under appeal, including reducing the amount of an administrative penalty.

(7) The commissioner must

(a) give written reasons to the institution and the registrar for the order under subsection (6), and

(b) make public those written reasons.

(8) The filing of a notice of appeal under this section does not operate as a stay or suspend the operation of the decision being appealed.

Power to award costs

51  (1) In addition to any order under section 50, the commissioner may make an order requiring an institution to pay all or part of the costs of an appeal if the commissioner considers the conduct of the institution in relation to the appeal to have been improper, vexatious, frivolous or abusive.

(2) The commissioner may file with the Supreme Court a certified copy of the order under subsection (1) and, on being filed, the order has the same force and effect, and all proceedings may be taken on the order as if it were a judgment of that court.

Exclusive jurisdiction of commissioner

52  (1) The commissioner has exclusive jurisdiction to inquire into, hear and decide all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under section 50 [appeal to commissioner] and to make any order permitted to be made under this Division.

(2) A decision or order of the commissioner on a matter in respect of which the commissioner has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

Application of Administrative Tribunals Act

53  The following sections of the Administrative Tribunals Act apply to the commissioner:

(a) section 1 [definitions];

(b) section 11 [general power to make rules respecting practice and procedure];

(c) section 13 [practice directives tribunal may make];

(d) section 14 (a) or (c) [general power to make orders];

(e) section 44 [tribunal without jurisdiction over constitutional questions];

(f) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];

(g) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];

(h) section 53 [amendment to final decision];

(i) section 55 [compulsion protection];

(j) section 56 [immunity protection for tribunal and members];

(k) section 57 [time limit for judicial review];

(l) section 61 [application of Freedom of Information and Protection of Privacy Act].

Division 3 — Review of Administrative Penalties for Uncertified Institutions

Request for review of administrative penalty

54  (1) An institution that was not a certified institution when an administrative penalty was imposed on the institution under section 33 [determination of administrative penalties] may request a review of the imposition of the administrative penalty.

(2) An institution may request a review on one or more of the following grounds:

(a) the registrar erred in law;

(b) the registrar failed to observe the principles of natural justice in making the decision;

(c) evidence has become available that was not available at the time the decision was made.

(3) A request for review under subsection (1) must

(a) be in writing in the form prescribed by regulation,

(b) include the fee prescribed by regulation of the Lieutenant Governor in Council,

(c) be made within 15 days of service of the determination, and

(d) identify the grounds on which review is requested.

Review of administrative penalty

55  (1) A review under this Division is to be carried out by a review officer.

(2) When reviewing the imposition of an administrative penalty, the review officer may consider information that was not before the registrar at the time the administrative penalty was imposed.

(3) On a review, the review officer may do one of the following:

(a) if the review officer finds that the person did not contravene the provision of this Act or the regulations specified in the determination, rescind the administrative penalty;

(b) if the review officer finds that the person did contravene the provision of this Act or the regulations specified in the determination, affirm the administrative penalty;

(c) if the review officer finds that the person did contravene the provision of this Act or the regulations, but finds that the administrative penalty is excessive in the circumstances, reduce the amount of the administrative penalty.

(4) The review officer must give written reasons to the institution and the registrar for a review decision under this section.

Exclusive jurisdiction of review officer

56  (1) The review officer has exclusive jurisdiction to hear and decide reviews under this Division.

(2) A review decision under this Division is final and conclusive and is not open to question or review in any court.

Part 6 — Administration and General

Division 1 — Registrar

Appointment of registrar

57  A registrar must be appointed under the Public Service Act.

Registrar's power to delegate

58  (1) Subject to subsection (2), the registrar may delegate to one or more employees of the ministry any of the registrar's powers or duties under this Act.

(2) The delegation of the powers or duties of the registrar must be in writing and may include any terms or conditions the registrar considers advisable.

Division 2 — Commissioner

Appointment of commissioner

59  (1) On the recommendation of the minister, the Lieutenant Governor in Council may appoint, under the Public Service Act, a commissioner.

(2) The term of office of the commissioner must not be more than 5 years but a commissioner may be reappointed.

(3) If the office of the commissioner is vacant or the commissioner is temporarily absent because of illness or another reason, the minister may designate an acting commissioner to exercise the powers and perform the duties of the commissioner until whichever of the following is the case and occurs first:

(a) a person is appointed under subsection (1);

(b) the commissioner returns to office after the temporary absence.

Commissioner's power to delegate

60  (1) Subject to subsection (2), the commissioner may delegate to one or more employees of the ministry any of the commissioner's powers or duties under this Act.

(2) The delegation of the powers or duties of the commissioner must be in writing and may include any terms or conditions the commissioner considers advisable.

Division 3 — Other Matters

Collection, use and disclosure of personal information

61  (1) The registrar is authorized to collect, use and disclose personal information necessary to carry out the registrar's responsibilities under this Act.

(2) The registrar may indirectly collect from a certified institution personal information about students and staff of the institution that is necessary to carry out the registrar's responsibilities under this Act.

(3) An institution may disclose personal information in its custody or under its control to the registrar for the purposes of administering this Act.

Address for service requirements and delivery of notices

62  (1) In relation to a requirement or authority under this Act to

(a) serve a notice or other communication on an institution, or

(b) give a notice or other communication to an institution,

that service or notice may be made by sending the record to the most recent address for service provided by the institution.

(2) A notice or other communication sent in accordance with subsection (1) is deemed to have been received by the institution to which it was sent as follows:

(a) if sent by ordinary or registered mail, on the 5th day after it is mailed;

(b) if sent by email, on the 3rd day after it is sent;

(c) if sent by fax, on the 3rd day after it is faxed;

(d) if sent to a form of address prescribed by regulation, as provided by the regulations.

(3) An institution's application for a registration certificate or a designation certificate must include a mailing address or email address as an address at which notices and other communications will be accepted as served on or otherwise delivered to the institution.

(4) In addition to the required address under subsection (3), the institution may provide one or more of the following as an additional address for service:

(a) an email address in addition to the mailing address;

(b) a mailing address in addition to the email address;

(c) a fax number;

(d) any other form of address prescribed by regulation.

(5) For certainty, this section provides additional means of service and does not affect other means of service authorized by law.

Division 4 — Regulations

Power of minister to make regulations

63  (1) The minister may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(a) regulations contemplated by this Act, other than regulations expressly contemplated to be made by the Lieutenant Governor in Council;

(b) prescribing occupations for the purposes of the definition of "career occupation" in section 1 [definitions];

(c) prescribing compliance standards for certified institutions for the purposes of the definition of "compliance standards" in section 1;

(d) respecting the information, including personal information, and records required to be included in an application for a registration certificate or designation certificate and establishing other requirements for the application;

(e) in relation to section 7 [registrar issues certificates], respecting requirements for a certificate, including requirements relating to compliance standards;

(f) respecting reporting requirements, including requirements relating to communications to the public, education, administration and finances;

(g) prescribing considerations for the registrar when deciding whether a program of instruction requires approval under section 12 [program approval process];

(h) prescribing considerations for the registrar when deciding whether to approve a program of instruction under section 12, including, without limitation, consideration of the credential the institution intends to grant for the completion of the program of instruction;

(i) prescribing considerations for the registrar when deciding whether to consent to a change under section 14 [certain changes require notice or consent];

(j) respecting requirements in relation to the establishment and maintenance of the online directory referred to in section 17 [online directory of institutions], including how long information must be published and considerations for the registrar in removing information;

(k) respecting requirements in relation to facilitating the provision of a comparable program of instruction referred to in section 18 [program completion if institution ceased to hold certificate], including requiring a former certified institution to provide information, including personal information, to the registrar;

(l) respecting requirements in relation to the establishment of a dispute resolution process referred to in section 19 [dispute resolution process for student complaints];

(m) prescribing government programs for the purposes of section 29 (b) (ii) [inspections], including, without limitation, student assistance programs.

(3) A regulation under this section may

(a) establish different classes of institutions, certificates, changes, programs of instruction, career training programs, students, occupations, persons, matters, transactions, events or things, and

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a).

Power of Lieutenant Governor in Council to make regulations

64  (1) The Lieutenant Governor in Council may make regulations, other than regulations for which the minister has authority under section 63, as follows:

(a) regulations contemplated by this Act to be made by the Lieutenant Governor in Council;

(b) respecting security, including, without limitation, prescribing

(i) considerations for the registrar in determining whether security is required,

(ii) the amount, or maximum amount, of security that may be required,

(iii) the type of security that is acceptable or unacceptable, and

(iv) the form and content of security;

(c) prescribing fees, whether flat rate or graduated according to an assessment of risk or otherwise, to be paid to the government by institutions, and the manner and time for paying the fees;

(d) prescribing sources of money for the purposes of section 20 (2) (c) [continuation of fund];

(e) prescribing payments, whether flat rate or graduated according to an assessment of risk or otherwise, to be made to the fund by certified institutions, and the manner and time for making the payments;

(f) in relation to a claim under section 23 [claims against fund],

(i) specifying the procedures that a student must follow to file a claim, and

(ii) specifying the procedures to be followed to adjudicate a claim;

(g) in relation to payments from the fund under section 25 [payments from fund],

(i) specifying the maximum amount that may be paid to a claimant,

(ii) establishing the order of priority of payments, and

(iii) regarding prorating of payments from the fund;

(h) respecting administrative penalties, including, without limitation,

(i) prescribing provisions of this Act or the regulations for the purposes of section 33 (1) (a) [determination of administrative penalties],

(ii) respecting the administrative penalty that may be imposed in respect of any provision of this Act or the regulations, or any failure to comply with a compliance order, including setting the amount of the penalty,

(iii) authorizing administrative penalties to be imposed on a daily basis for contraventions that continue for, or occur on, 2 or more consecutive days,

(iv) prescribing the manner in which an administrative penalty must be paid, and

(v) prescribing the consequences of failing to pay an administrative penalty, which consequences may include, but are not limited to, imposing additional penalties.

(2) A regulation under this section may

(a) establish different classes of institutions, certificates, changes, programs of instruction, career training programs, students, persons, matters, transactions, events or things, and

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a).

Part 7 — Transitional Provisions, Repeal and Consequential Amendments

Division 1 — Transitional Provisions

Definitions

65  In this Division:

"agency" means the Private Career Training Institutions Agency established under section 2 (1) of the former Act as that Act read immediately before its repeal by this Act;

"asset" includes a right and property;

"former accredited institution" means an institution that is an accredited institution as defined in section 1 of the former Act as that Act read immediately before its repeal by this Act;

"former registered institution" means an institution that is a registered institution as defined in section 1 of the former Act as that Act read immediately before its repeal by this Act;

"liability" includes an obligation.

Transition — deemed continuation of former legislation

66  Despite the repeal of the former Act and the regulations and bylaws under the former Act, if this Division, or a regulation under this Division, provides for the application or continued application of a provision of the former Act or the regulations or bylaws under the former Act for a specific purpose, the former legislation is deemed to be continued for that purpose.

Transition — regulations

67  (1) Despite this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act or in another Act affected by this Act;

(b) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively bringing this Act into operation;

(c) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing this Act into operation;

(d) making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in respect of this Act;

(e) establishing rules respecting how a reference to a word or expression used in a provision of the former Act or the regulations or bylaws under the former Act is to be read for the purpose of the application or continued application of the former legislation;

(f) resolving any errors, inconsistencies or ambiguities arising in this Act.

(2) In making a regulation under subsection (1), the Lieutenant Governor in Council may do any of the following:

(a) provide exceptions to a provision;

(b) establish limits on the application of a provision;

(c) modify the rules, or the effect of the rules, that would otherwise apply under a provision;

(d) establish rules that operate in place of or as an alternative to a provision;

(e) establish conditions in relation to the operation of an exception, limit, modification or rule established under this section;

(f) provide for the application or continued application of the former Act.

(3) In making a regulation under subsection (1), the Lieutenant Governor in Council may do any of the following:

(a) establish different classes of institutions, certificates, changes, programs of instruction, career training programs, students, persons, matters, transactions, events or things for the purposes of this Act;

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a).

(4) A regulation under subsection (1) may be made retroactive to the day after the date of First Reading of this Act or a later date, and if made retroactive is deemed to have come into force on the specified date.

(5) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.

(6) This section and any regulations made under this section are repealed 2 years after the date this section comes into force.

Transition — dissolution of agency and transfer of assets and liabilities

68  (1) On the date this section comes into force,

(a) the agency is dissolved, and

(b) all the assets and liabilities of the agency except the fund are transferred to the government.

(2) An asset that is transferred under this Act to the government is also vested in the government, and a liability that is transferred under this Act to the government is also assumed by the government.

(3) Any reference in this Division or a regulation under this Division

(a) to a transfer of an asset is also a reference to the vesting of the asset, and

(b) to a transfer of a liability is also a reference to the assumption of the liability.

Transition — effect of transfer

69  (1) Despite any other enactment, the transfer under this Act of assets and liabilities takes effect

(a) without the execution or issue of any record,

(b) without any registration or filing of this Act or any other record in or with any registry, office or court,

(c) despite any prohibition on all or any part of the transfer, and

(d) despite any condition, including the absence of any consent or approval that is or may be required for all or any part of the transfer.

(2) Despite any provision to the contrary in a record, the transfer under this Act to the government of an asset or liability does not constitute a breach or contravention of, or an event of default under, the record and, without limiting this, does not entitle any person who has an interest in the asset or liability to claim any damages, compensation, penalty, indemnity or other remedy.

Transition — records

70  (1) For certainty, assets transferred to the government under this Act include records.

(2) A reference to the agency in any record that creates, evidences or otherwise relates to an asset or liability that is transferred under this Act to the government is deemed to be a reference to the government.

(3) All records that, immediately before the coming into force of this section, were in the custody or under the control of the agency must be delivered by the agency to the minister.

Transition — dealing with transferred assets and liabilities

71  (1) In any record that deals with an asset transferred under this Act, it is sufficient for all purposes to cite this Act as having effected the transfer to the government.

(2) If an asset or liability transferred under this Act to the government is registered or recorded in the name of the agency, the government may, in its own name,

(a) effect a transfer, charge, encumbrance or dealing with the asset or liability, and

(b) execute any record required to give effect to the transfer, charge, encumbrance or dealing.

(3) An official who has authority over a registry or other office, including, without limitation, the personal property registry, in which title to or interests in the asset or liability is registered or recorded and who receives a record, referred to in subsection (2), executed by the government, must give the record the same effect as if the record had been executed by the agency.

Transition — registration and accreditation

72  (1) On the date this section comes into force, a former registered institution that is not a former accredited institution is deemed to hold a registration certificate, for all purposes under this Act.

(2) On the date this section comes into force, a former accredited institution is deemed to hold a designation certificate, for all purposes under this Act.

(3) The registrar may attach conditions to a certificate referred to in subsection (1) or (2) for the purposes referred to in section 8 (1) [conditions attached to certificates] of this Act.

(4) A certificate referred to in subsection (1) or (2) expires 7 months after the end of the institution's fiscal year in which this section comes into force.

(5) If, on or before the date this section comes into force, a former registrar has received an application for registration or accreditation under the former Act, but has not made a decision with respect to the application,

(a) an application for registration under the former Act is deemed to be an application for a registration certificate,

(b) an application for accreditation under the former Act is deemed to be an application for a designation certificate, and

(c) Part 2 [Certified Institutions] of this Act applies in respect of the application.

Transition — suspension or cancellation of registration or accreditation

73  (1) If, on the date this section comes into force, the registration or accreditation of an institution referred to in section 72 (1) or (2) is suspended under the former Act, the registration certificate or designation certificate the institution is deemed to hold under section 72 (1) or (2)

(a) is deemed to be suspended under section 36 [suspension of certificate] of this Act, and

(b) if a former registrar imposed conditions under section 8 (4) [conditions on suspension of registration] or 9 (2) [conditions on suspension of accreditation] of the former Act, is subject to those conditions.

(2) If the registration or accreditation of an institution was cancelled under the former Act, the institution may not reapply for a certificate under this Act during the 12-month period following the date of the registrar's decision.

Transition — operational changes

74  If, on or before the date this section comes into force, the agency has received an application from an institution in relation to a substantive change under Private Career Training Institutions Agency Bylaw Part G.35, as that bylaw read immediately before its repeal by this Act, but has not made a decision with respect to the application, Divisions 3 [Approval of Programs of Instruction] and 4 [General] of Part 2 [Certified Institutions] of this Act apply in respect of the application.

Transition — fees payable to the agency

75  (1) Despite the repeal of section 6 (1) (j) [fees established by bylaws] of the former Act, that section, as it read immediately before its repeal by this Act, and any applicable bylaws under the former Act continue to apply in relation to fees payable to the agency by a former registered institution before the date this section comes into force.

(2) For the purposes of subsection (1), a reference to the Agency in any applicable bylaws under the former Act is to be read as a reference to the government.

Transition — Student Training Completion Fund

76  (1) Despite the repeal of section 14 [payments to fund by institutions] of the former Act, that section, as it read immediately before its repeal by this Act, and any applicable regulations and bylaws under the former Act continue to apply in relation to amounts payable to the Student Training Completion Fund by a former registered institution before, on or after the date this section comes into force.

(2) Despite section 20 (2) [contents of fund] of this Act, the fund also consists of amounts paid under subsection (1) of this section.

(3) Despite the repeal of section 15 [payments from fund] of the former Act, that section, as it read immediately before its repeal by this Act, and any applicable regulations and bylaws under the former Act continue to apply in relation to amounts payable from the Student Training Completion Fund before, on or after the date this section comes into force.

(4) Despite section 25 (1) [payments from fund] of this Act, the trustee may also pay from the fund, or authorize the administrator of the fund to pay from the fund,

(a) the amounts payable under subsection (3) of this section, and

(b) money that was erroneously paid to the Student Training Completion Fund by a former registered institution, including an overpayment.

(5) For the purposes of subsections (1) and (3),

(a) a reference to the board in section 14 or 15 of the former Act or any applicable regulations or bylaws under the former Act is to be read as a reference to the trustee,

(b) a reference to the fund in section 14 or 15 of the former Act or any applicable regulations or bylaws under the former Act is to be read as a reference to the Student Tuition Protection Fund,

(c) a reference to the registrar in the regulations under the former Act is to be read as a reference to the trustee, and

(d) a reference to the Agency in any applicable bylaws under the former Act is to be read as a reference to the trustee.

Transition — claims against the fund

77  (1) Despite the repeal of section 16 [claims against fund] of the former Act, that section, as it read immediately before its repeal by this Act, and any applicable regulations and bylaws under the former Act continue to apply to the determination of a claim if

(a) a person filed the claim against the Student Training Completion Fund before the date this section comes into force, or

(b) a person files the claim against the Student Training Completion Fund within 12 months after the date this section comes into force in respect of a loss that gave rise to the claim before the date this section comes into force.

(2) For the purposes of subsection (1),

(a) a reference to the board in section 16 of the former Act or any applicable regulations or bylaws under the former Act is to be read as a reference to the trustee,

(b) a reference to the fund in section 16 of the former Act or any applicable regulations or bylaws under the former Act is to be read as a reference to the Student Tuition Protection Fund,

(c) a reference to the registrar in the regulations under the former Act is to be read as a reference to the trustee,

(d) a reference to the Agency in any applicable bylaws under the former Act is to be read as a reference to the trustee, and

(e) a reference to PCTIA in any applicable bylaws under the former Act is to be read as a reference to the government.

Transition — reconsiderations and appeals

78  (1) Despite the repeal of section 10 [reconsiderations and appeals] of the former Act, if, on or before the date this section comes into force, a person has requested a reconsideration under the former Act or has filed a notice of appeal under the former Act, but the reconsideration or appeal has not been concluded, section 10, as it read immediately before its repeal by this Act, and any applicable bylaws under the former Act continue to apply to the reconsideration or appeal, and all subsequent proceedings in relation to the reconsideration or appeal.

(2) For the purposes of subsection (1),

(a) a reference to the registrar in section 10 of the former Act or any applicable bylaws under the former Act is to be read as a reference to the registrar appointed under section 57 [appointment of registrar] of this Act, and

(b) a reference to the Agency in any applicable bylaws under the former Act is to be read as a reference to the government.

Transition — personal liability protection

79  Despite the repeal of section 21 [personal liability protection] of the former Act, that section, as it read immediately before its repeal by this Act, continues to apply in relation to any acts and omissions of a board member or an officer or employee of the agency, as the case may be.

Transition — public administrator

80  The public administrator appointed under section 22 [appointment of a public administrator] of the former Act may, on and after the date this section comes into force,

(a) continue to hear an appeal before the public administrator while holding office,

(b) hear an appeal of a reconsideration to which section 78 [transition — reconsiderations and appeals] of this Act applies, and

(c) make a decision or an order in a matter referred to in paragraph (a) or (b).

Transition — appropriation

81  (1) Despite section 21 (3) of the Financial Administration Act and subject to subsection (2) of this section, the minister may pay out of the consolidated revenue fund, in the fiscal year in which this Act comes into force, the costs and expenses incurred in the administration of this Act, other than amounts the trustee is authorized under this Act to pay from the fund.

(2) The amount paid out under this section must not exceed a total of

(a) the difference between revenue derived by the agency from fees paid and payable by former registered institutions under the former Act in the fiscal year in which this Act comes into force and expenses incurred by the agency in the fiscal year in which this Act comes into force, and

(b) the amounts paid and payable into the consolidated revenue fund under this Act by certified institutions in the fiscal year in which this Act comes into force, other than an administrative penalty or a fine imposed under section 43 [offences and penalty] of this Act.

Division 2 — Repeal

Repeal

82  The following are repealed:

(a) the Private Career Training Institutions Act, S.B.C. 2003, c. 79;

(b) the Private Career Training Institutions Regulation, B.C. Reg. 466/2004;

(c) the bylaws of the Private Career Training Institutions Agency established under the Private Career Training Institutions Act.

Division 3 – Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 83 to 89.]

Section(s)Affected Act
83Advanced Education Statutes Amendment Act, 2011
84Business Practices and Consumer Protection Act
85Freedom of Information and Protection of Privacy Act
86Mennonite Brethren Biblical Seminary Act
87Pacific Coast University for Workplace Health Sciences Act
88-89School Act

Commencement

90  This Act comes into force by regulation of the Lieutenant Governor in Council.