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"Point in Time" Regulation Content

Private Training Act

Private Training Regulation

B.C. Reg. 153/2016

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 November 28, 2016
May 17, 2017
Section 5 November 28, 2016
Section 7 August 31, 2016
April 12, 2018
Section 17 September 1, 2018
Section 32 March 1, 2019
Section 48.1 May 17, 2017
Section 54 March 1, 2019
Section 55 November 28, 2016
March 1, 2019
Section 56 March 1, 2019
Section 60.1 September 1, 2018

 Section 1 definition of "extraprovincial society" BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

"extraprovincial society" has the same meaning as in section 1 [definitions] of the Society Act;

 Section 1 definition of "major shareholder", paragraph (c) BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

(c) a corporation, other than a company, an extraprovincial company, a society or an extraprovincial society;

 Section 1 definition of "society" BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

"society" has the same meaning as in section 1 of the Society Act;

 Section 1 definition of "sexual misconduct" was added by BC Reg 153/2016, effective May 17, 2017.

 Section 1 definition of "student policies", paragraph d.1 was added by BC Reg 153/2016, effective May 17, 2017.

 Section 5 (1) (c) BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

(c) if the institution is a corporation, other than a company, an extraprovincial company, a society or an extraprovincial society, the names of its directors and senior officers, as defined in section 1 (1) of the Business Corporations Act, and its major shareholder;

 Section 5 (1) (f) BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

(f) if the institution is a society or an extraprovincial society,

(i) the names of its directors, as defined in section 1 of the Society Act, and

(ii) a copy of the most recent annual report filed under section 68 [filing annual report] or 78 [return to registrar] of that Act, as the case may be;

 Section 7 (4) (b) BEFORE amended by BC Reg 216/2016, effective August 31, 2016.

(b) prescribed under subsection (3) (b) and (f) do not apply to an aboriginal institution.

 Section 7 (1) and (5) BEFORE repealed by BC Reg 67/2018, effective April 12, 2018.

(1) In this section:

"annual total principal in delinquency", in relation to an institution, means the annual total principal in delinquency for the institution as determined by the minister responsible for the administration of the Canada Student Financial Assistance Act;

"cohort" means a cohort of students that the minister responsible for the administration of the Canada Student Financial Assistance Act uses to determine an annual total principal in delinquency or a student loan repayment rate;

"federal designation" means the designation of an institution as a designated educational institution as defined in section 2 (1) of the Canada Student Financial Assistance Act;

"past 3 years" means a 3-year period that ends on the expiry date included in an institution's current certificate;

"past year" means a one-year period that ends on the expiry date included in an institution's current certificate;

"student loan repayment rate", in relation to an institution, means the student loan repayment rate as determined by the minister responsible for the administration of the Canada Student Financial Assistance Act for the institution.

(5) An institution that is deemed to hold a designation certificate under section 72 [transition — registration and accreditation] of the Act is not required to meet the requirements set out in subsection (3) (d) to (f) of this section in respect of the first time the registrar issues a certificate to the institution under section 7 of the Act after that section comes into force.

 Section 7 (3) (part) and (4) BEFORE amended by BC Reg 67/2018, effective April 12, 2018.

(3) Subject to subsections (5) and (6), for the purposes of section 7 (1) (a) of the Act, the following requirements are prescribed for a designation certificate:

(4) The requirements

(a) prescribed under subsection (3) (d) do not apply to an institution if either of the following applies:

(i) the institution has fewer than 10 students in a cohort;

(ii) the minister responsible for the administration of the Canada Student Financial Assistance Act is unable to determine the student loan repayment rate or the annual total principal in delinquency for the institution because the minister has insufficient data, and

(b) prescribed under subsection (3) (b) and (d) to (f) do not apply to an aboriginal institution.

 Section 7 (3) (b), (e) and (f) BEFORE amended by BC Reg 67/2018, effective April 12, 2018.

(b) the institution must have continuously held a certificate under the Act or been registered under the former Act for the past year;

(e) the institution must have students enrolled in at least 50% of its approved programs of instruction or must have had students enrolled in at least 50% of its approved programs of instruction at one time in the past year;

(f) if the institution has continuously held a certificate or was registered under the former Act for the past 3 years, the institution must have granted a credential to students in at least 50% of the institution's approved programs of instruction provided in the past 3 years.

 Section 7 (3) (d) BEFORE repealed by BC Reg 67/2018, effective April 12, 2018.

(d) if the institution has federal designation, the institution must have one of the following on the date that the ministry provides the institution with notification of the institution's most recent student loan repayment rate and annual total principal in delinquency:

(i) a student loan repayment rate of 70% or more for 2 of the last 3 years;

(ii) an annual total principal in delinquency of less than $100 000 in each of the last 3 years;

 Section 17 (3) (b) (i) BEFORE amended by BC Reg 153/2016, effective September 1, 2018.

(i) on the institution's website, if the institution has a website, or

 Section 32 (3) (a) and (b) BEFORE amended by BC Reg 35/2019, effective March 1, 2019.

(a) after the start date referred to in section 24 (4) (d) but before 11% of the hours of instruction, referred to in section 24 (4) (c), of the program of instruction have been provided, the institution may retain up to 30% of the tuition due under the student enrolment contract, or

(b) after the start date referred to in section 24 (4) (d) and after 10% but before 30% of the hours of instruction, referred to in section 24 (4) (c), of the program of instruction have been provided, the institution may retain up to 50% of the tuition due under the student enrolment contract.

 Section 32 (4) BEFORE amended by BC Reg 35/2019, effective March 1, 2019.

(4) If a certified institution provides a notice of dismissal to a student and the date the certified institution delivers the notice to the student is

(a) before 10% of the hours of instruction, referred to in section 24 (4) (c), of the program of instruction have been provided, the institution may retain up to 30% of the tuition due under the student enrolment contract, or

(b) after 10% but before 30% of the hours of instruction, referred to in section 24 (4) (c), of the program of instruction have been provided, the institution may retain up to 50% of the tuition due under the student enrolment contract.

 Section 48.1 was enacted by BC Reg 153/2016, effective May 17, 2017.

 Section 54 (3) (a) and (c) BEFORE repealed by BC Reg 35/2019, effective March 1, 2019.

(a) whether the student completed an approved program of instruction and was granted a credential and, if so, the date the credential was granted;

(c) whether the student obtained employment in a country other than the student's country of citizenship.

 Section 54 (4) BEFORE amended by BC Reg 35/2019, effective March 1, 2019.

(4) For the purposes of subsections (2) (a) (ii), (b) (ii), (c) (ii) and (d) (ii) and (3) (b) and (c), the institution must use its best efforts to provide the required additional information.

 Section 55 (1) (c) BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

(c) if the institution is a corporation, other than a company, an extraprovincial company, a society or an extraprovincial society,

 Section 55 (1) (d) BEFORE amended by BC Reg 153/2016, effective November 28, 2016.

(d) if the institution is a society or an extraprovincial society, a change to its directors as defined in section 1 of the Society Act.

 Section 55 (1) (e) was added by BC Reg 35/2019, effective March 1, 2019.

 Section 56 (2) (i) and (j) BEFORE repealed by BC Reg 35/2019, effective March 1, 2019.

(i) a change in the list of host organizations;

(j) in relation to an approved program of instruction that leads to employment in a career occupation regulated by a regulator, a change required by the regulator that may reasonably be expected to have an adverse effect on students;

 Section 60.01 was added by BC Reg 153/2016, effective September 1, 2018.