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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 87/04

NEWFOUNDLAND AND LABRADOR
REGULATION 87/04

Private Training Institutions Regulations (Amendment)
under the
Private Training Institutions Act
(O.C. 2004-298)

(Filed August 5, 2004)

Under the authority of section 19 of the Private Training Institutions Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, August 3, 2004.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.10 Amdt.
Security

        2.   S.10.01 R&S
Distribution of sufficient proceeds

        3.   S.10.02 Amdt.
Distribution of insufficient proceeds

        4.   S.10.03 Amdt
Time limit


CNLR 1114/96
as amended

        1. Section 10 of the Private Training Institutions Regulations is amended by adding immediately after subsection (9) the following:

          (9.1)  For the purpose of these regulations, the date of forfeiture of security is the date the minister calls upon the surety company or financial institution to satisfy the amounts payable under the security in accordance with subsection (9).

 

        2. Section 10.01 of the regulations is repealed and the following substituted:

Distribution of sufficient proceeds

10.01 (1) Where the proceeds of the security are sufficient to satisfy the total amount of all claims filed with the minister within the 6 month period from the date of forfeiture mentioned in subsection 10 (9.1), the superintendent shall distribute the proceeds of the security among the claimants as required by this section.

             (2)  Where

             (a)  a judgment based on a claim in respect of fees owing to a student under section 17 or 18 of these regulations is obtained by a student and filed with the minister;

             (b)  a judgment based on a claim in respect of a course of study or contract for a course of study is obtained by a student and filed with the minister; or

             (c)  the minister or the corporation provides evidence satisfactory to the superintendent as to the validity of a claim referred to in paragraph 10(9)(b)

the superintendent may, within 6 months of the date of forfeiture, pay over the money recovered under the security.

             (3)  A claim by a student under paragraphs (2)(a) and (b) shall include reasonable legal expenses incurred by the student to obtain judgment, as determined by the superintendent.

             (4)  Where proceeds remain after distribution under this section, the remainder shall be paid to the security company or the financial institution from which the security was obtained.

             (5)  This section applies to any security required under the Act or these regulations, including any security forfeited but not distributed at the time of the coming into force of this section.

 

        3. (1) Subsection 10.02(1) of the regulations is amended by deleting the reference "10(9)" and substituting the reference "10(9.1)".

             (2)  Paragraph 10.02(2)(e) of the regulations is repealed and the following substituted:

             (e)  secondly, where proceeds remain after distribution under paragraph (d) and the minister or the corporation has provided evidence satisfactory to the superintendent as to the validity of the claim, those proceeds shall be distributed to the minister or the corporation to replace tuition fees paid by a student to a private training institution for services which the student did not receive before the closure of that institution or the cancellation of the security or the registration of the institution;

             (3)  Paragraph 10.02(2)(g) of the regulations is repealed and the following substituted:

             (g)  finally, where proceeds remain after distribution under paragraph (f) and the minister or the corporation has provided evidence satisfactory to the superintendent as to the validity of the claim, those proceeds shall be paid to the minister or the corporation for costs incurred by the minister or the corporation to facilitate the train-out of the students.

        4. Section 10.03 of the regulations is amended by deleting the reference "10.01" and by substituting the reference "10(9.1).