This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Private
Training Institutions Regulations (Amendment) (Filed March 22, 1999) Under the authority of section 19 of the Private Training Institutions Act, the Lieutenant-Governor in Council makes the following regulations. Dated at John R. Cummings, Q.C. REGULATIONS Analysis 1. S.2
Amdt. 2. S.3.1
Added 3. S.4
Amdt. 4. S.
5 Amdt. 5. S.10
Amdt. 6. S.10.2
Added 7. Ss.26.1,
26.2, 26.3, 26.4, 26.5 & 26.6 Added 8. Commencement CNR 1114/96 1. Section 2 of the Private Training
Institutions Regulations is amended by adding immediately after paragraph
(b) the following: (b.1) "corporation"
means the Private Training Corporation incorporated under section 4 of the Act; 2. The
regulations are amended by adding immediately after section 3 the following: Board membership 3.1 The board of directors of the corporation
shall be comprised of the following persons as appointed by the
Lieutenant-Governor in Council: (a) one
representative of the Department of Education; (b) one
representative of the Department of Finance; (c) one
representative of the Association of Career Colleges or its successor body; (d) one
owner or operator of a private training institution; (e) one
student of a private training institution; and (f) 2 community representatives. 3. (1)
Section 4 of the regulations is amended by adding immediately after
subsection (1) the following: (1.1) The
superintendent shall approve every course of study offered by an institution
prior to the registration of that institution, or in the case of renewal of
registration or reinstatement, every new course of study not previously
approved, and shall, for the purpose of his or her assessment, require and
review (a) a
needs assessment, including a market analysis; (b) admission
standards; (c) curriculum
content; (d) program
duration; and (e) graduate
certification. (2) Subsection
4(2) of the regulations is amended by deleting the semi-colon and the word
"and" at the end of paragraph (d), by deleting the period at the end
of paragraph (e) and substituting a semi-colon and the word "and", and by adding immediately after that the
following: (f) a security bond required under subsection 10(1). (3) Subsection
4(4) of the regulations is repealed and the following substituted: (4) An
application for renewal of registration or reinstatement shall be accompanied
by (a) a
security bond or continuation certificate covering the security bond required
under subsection 10(1); and (b) an
audited financial statement in compliance with section 10.2. 4. Paragraph
5(4)(b) of the regulations is amended by deleting the words and figure "90
consecutive days" and substituting the words and figure "10 working
days". 5. (1)
Subsections 10(1) and (2) of the regulations are repealed and the following
substituted: Security 10. (1) A private training institution shall obtain
a security bond in the minimum amount of $50,000 or 15% of the institution's
total tuition revenue to the nearest $1,000 from the previous academic year,
whichever is greater. (2) The
maximum amount for the security bond (a) as
of (b) as
of (c) as
of (2.1) Subsections
(1) and (2) shall apply to a private training institution upon the
registration, re-registration or reinstatement of that private training
institution. (2) Subsection
10(6) of the regulations is amended by deleting the word and figure "2
years" and substituting the word and figure "6 months". (3) Subsections
10(7), (8), (9) and (10) of the regulations are amended by deleting the word
and figure "2 year" wherever they appear and substituting the word
and figure "6 month". 6. The
regulations are amended by adding immediately after section 10.1 the following: Audited financial statements 10.2 (1) A private training institution shall
submit to the minister an audited financial statement setting out (a) its
assets and liabilities; and (b) its
receipts and expenditures for the preceding financial year. (2) A
statement required under subsection (1) shall be filed within 3 months of the
end of the private training institution's financial year. 7. The
regulations are amended by adding immediately after section 26 the following: Funds to be credited 26.1 The Train Out Fund established under section 17.1 of the Act may be
credited with funds from the following sources: (a) contributions
from a private training institution required under subsection 17.1(3) of the
Act; (b) any
income and earnings from investments of the funds; and (c) any
loans provided to the fund by the minister. Payment of funds 26.2 (1) A private training institution shall pay to
the corporation a contribution to the Train Out Fund as required by subsection
17.1(3) of the Act at an annual rate of 1% of collected student tuition fees. (2) Money
paid under subsection (1) shall be paid on March 31, June 30, September 30 and
December 31 in a year, and shall be based on the tuition fees collected by the
private training institution for the 3 months of the preceding quarter. (3) The
corporation shall reconcile the money paid under subsection (1) and shall make
any adjustments necessary annually at the end of a private training
institution's financial year and those adjustments shall be completed by March
31 following the end of the private training institution's financial year. Use of Train Out Fund 26.3 (1) The Train Out Fund may be used (a) where
an institution with which a student had a contract fails to fulfil its
obligation to that student due to closure to compensate the student in part or
in full for the reasonable cost of completing his or her training with another
institution, as determined by the corporation; (b) to
pay the cost of monitoring the financial operation of a private training
institution, including the analysis of audited financial statements as required
by these regulations; (c) to
pay the expenses of administering and auditing the Train Out Fund; and (d) to
reimburse members of the board of directors of the corporation for expenses
incurred in relation to meetings and the work of the corporation in accordance
with a scale for expenses that may be approved by the minister. (2) Where
the Train Out Fund is used to pay out money under paragraph (1)(a), the
corporation shall hold back sufficient money to enable it to meet its
obligations under paragraphs (1)(b), (c), and (d) and an amount it considers
reasonable for the purpose of subsection 26.2(3). Investments of 26.4 Investments of the Train Out Fund by the corporation shall be
investments in which a trustee is authorized to invest under the Trustee Act. Designation for student assistance 26.5 Notwithstanding
the Student Assistance Act or
regulations, a private training institution shall not be designated as an
institution which offers courses for which student assistance is available
unless it (a) has
been in continuous operation as a registered private training institution for
one year; and (b) has
graduated one class of students. Information provided to students 26.6 (1) Information as required by the minister shall be provided to a
student 48 hours before that student enters into a contract with a private
training institution. (2) This section shall come into force on Commencement 8. These
regulations, except as stated, shall be considered to have come into force on ©Earl G. Tucker, Queen's Printer |