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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER P-25

AN ACT RESPECTING THE REGULATION OF PRIVATE TRAINING INSTITUTIONS

Analysis

1. Short title

2. Definitions

3. Superintendent

4. Review board

5. Duties

6. Registration required

7. Agents

8. Certificate of registration

9. Registration

10. Extension of time

11. Further application

12. Notice of changes

13. Inspection

14. Order after inspection

15. Goods or services of student

16. Service

17. Rescission of contract

18. Statement as evidence

19. Regulations

20. Offences


Short title

1. This Act may be cited as the Private Training Institutions Act.

1988 c16 s1

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Definitions

2. In this Act

(a) "board" means the Private Training Institutions Review Board;

(b) "inspector" means a person appointed under section 13 as an inspector and includes the superintendent;

(c) "minister" means the Minister of Education;

(d) "private training institution" means a facility used for the purpose of providing instruction or training in a vocation and a course of study whether by correspondence or home study course but does not include

(i) the Memorial University of Newfoundland,

(ii) a facility operating under the Provincial Institutes Act or the Community Colleges Act,

(iii) a school or correspondence course operated or provided by the government of a province or the Government of Canada,

(iv) a school organized or operated for his or her employees by an employer,

(v) a school board under the Schools Act, or

(vi) a school or course exempted by the Lieutenant-Governor in Council;

(e) "superintendent" means the Superintendent of Private Training Institutions; and

(f) "vocation" means an employment, trade, calling or pursuit designated by the regulations as a vocation.

1988 c16 s2; 1990 c26 Sch B

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Superintendent

3. The Lieutenant-Governor in Council shall appoint a Superintendent of Private Training Institutions, who shall exercise the powers and perform the duties conferred upon him or her under this Act.

1988 c16 s3

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Review board

4. (1) The Private Training Institutions Review Board consisting of not less than 5 and not more than 7 members appointed by the minister is continued.

(2) The minister may designate 1 of the members of the board as chairperson and another as vice-chairperson.

(3) A member of the board shall not hold office for more than 5 consecutive years.

(4) A majority of the members, 1 of whom shall be the chairperson or vice-chairperson constitutes a quorum.

(5) The members of the board shall be reimbursed by the board for expenses incurred in relation to meetings and the work of the board in accordance with a scale for expenses that may be approved by the minister.

1988 c16 s4

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Duties

5. The board shall

(a) hear appeals under section 9;

(b) inquire into matters referred to it by the minister; and

(c) perform other duties assigned to it by the minister.

1988 c16 s5

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Registration required

6. (1) A person shall not act as an agent of or maintain or operate a private training institution unless registered by the superintendent under this Act.

(2) An application for or renewal of registration shall be made to the superintendent in writing and shall be in the form and contain the particulars prescribed by the minister.

(3) An application for renewal of registration expires on December 31 in the year for which it is granted.

1988 c16 s6

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Agents

7. (1) A person shall not

(a) hold himself or herself out as an agent of a private training institution kept or operated either inside or outside the province; or

(b) canvass, receive, take or solicit contracts for the purchase or sale of a course of study of a private training institution described in paragraph (a),

unless

(c) registered as an agent of a private training institution; and

(d) the person keeping or operating the private training institution is registered.

(2) A registered agent of a private training institution shall, when canvassing or soliciting, carry the certificate of registration issued under section 8 and shall, upon the request of a person, produce the certificate for inspection.

(3) A person who violates this section is guilty of an offence and liable on summary conviction to a fine of not more than $250.

1988 c16 s7

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Certificate of registration

8. (1) Where an applicant for registration or for renewal of registration of a private training institution

(a) complies with the requirements of the superintendent;

(b) satisfies the superintendent that the private training institution is provided with competent instructors and sufficient equipment for the teaching of a designated vocation; and

(c) is providing or is prepared to provide proper instruction in a vocation at reasonable rates,

the superintendent may register the applicant as the keeper or operator of a private training institution for the teaching of the designated vocation or may register the applicant as agent of a private training institution and may issue a certificate of registration accordingly.

(2) The superintendent may refuse to renew or may suspend or revoke a registration where the applicant does not comply with subsection (1) or where the registrant is in breach of a term or condition of the registration.

1988 c16 s8

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Registration

9. (1) Notwithstanding section 8, where the superintendent proposes to refuse to grant or renew a registration or to suspend or revoke a registration of a private training institution, the superintendent shall serve notice of his or her proposal, together with written reasons, on the applicant or registrant.

(2) The notice shall inform the applicant or registrant that he or she is entitled to a hearing by the board upon submitting a written notice requiring a hearing to the superintendent and the board within 15 working days after the notice has been served.

(3) Upon the board receiving a notice requiring a hearing the board shall appoint a time for and hold the hearing within a 6 week period.

(4) The board may order the superintendent either to carry out or refrain from carrying out his or her proposal and to take an action that the board considers the superintendent ought to take.

(5) The board may attach those terms and conditions to its order or to the registration that it considers appropriate to give effect to the purposes of this Act.

(6) The board shall give its decision in writing to both parties within 15 working days of the hearing.

(7) Where, before the expiry of a certificate, a registrant has applied for renewal of the registration and paid the prescribed fee, his or her registration shall be considered to continue

(a) until the renewal is granted; or

(b) where he or she is served with notice that the superintendent proposes to refuse a renewal, until the time for giving notice requiring a hearing has ended and where a hearing is required, until the board has made its order.

1988 c16 s9

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Extension of time

10. The board may extend the time for requiring a hearing under section 9, either before or after the end of the time fixed under that section, where it is satisfied that there are reasonable grounds for granting relief and for applying for the extension of time.

1988 c16 s10

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Further application

11. A further application for registration may be made where material circumstances have changed.

1988 c16 s11

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Notice of changes

12. A private training institution shall, within 5 days after the event, notify the superintendent in writing of a change in

(a) its address for service; and

(b) the officers or directors in the case of a corporation or of the members in the case of a partnership.

1988 c16 s12

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Inspection

13. (1) An inspector may at reasonable times, where it is reasonably necessary to determine compliance with this Act

(a) enter and inspect a private training institution or an office of an agent of the private training institution;

(b) with respect to the business of being an agent, of operating a private training institution or providing correspondence courses, require the production of books, records or other documents and may examine them, make copies of them or remove them temporarily for the purpose of making copies;

(c) inspect and take samples of material, books, lessons and equipment used in providing instruction or training in a vocation and of work performed by persons receiving that instruction or training;

(d) require that a person offering correspondence courses provide to the inspector samples of material, books, lessons and equipment used in providing instruction or training in a vocation and of work performed by persons receiving that instruction or training;

(e) perform tests, take photographs or make recordings in a private training institution; and

(f) observe the instruction or training being provided in a private training institution.

(2) Where the minister believes on reasonable grounds that a person has contravened this Act or the regulations, an inspector may, with a warrant issued under subsection (3) at a reasonable time enter upon the premises of the private training institution or the office of an agent and may investigate, inquire into and examine the affairs of the private training institution and into the books, documents, correspondence and records in relation to the business.

(3) A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on the premises anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing an inspector to enter and search those premises and to make the inquiries and copies of books, documents, correspondence and records that are considered necessary, subject to the conditions that may be specified in the warrant.

(4) The owner or person in charge of the premises referred to in this section and a person found there shall give an inspector reasonable help to enable the inspector to carry out his or her duties and functions under this section and shall provide the information that the inspector may reasonably require.

1988 c16 s13

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Order after inspection

14. Where an inspector makes an inspection under section 13 and is of the opinion that this Act or the regulations are not being complied with, the inspector may in writing order the registrant to take corrective measures within the time limits prescribed in the order.

1988 c16 s14

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Goods or services of student

15. A person who keeps or operates a private training institution shall not sell or permit to be sold to the public, the goods or services of a student of the private training institution, except where the actual occupational experience is a requirement of the training program.

1989 c12 s22

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Service

16. (1) A notice or order required to be given under this Act is sufficiently given where delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at that person's last-known address.

(2) Where service is made by registered mail, the service shall be considered to be made on the 3rd day after the day of mailing unless the person on whom service is being made establishes that he or she did not through absence, accident, illness or other cause beyond his or her control receive the notice or order until a later date.

1988 c16 s16

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Rescission of contract

17. A person who enters into a written contract with a private training institution in respect of a course of instruction may rescind the contract by delivering a notice personally or by registered mail addressed to the private training institution at the address shown in the contract within 2 days after the duplicate original copy of the contract first comes into the possession of the person and where the contract is rescinded, the person shall immediately return goods received under the contract and the private training institution shall return money received or realized in respect of the contract.

1988 c16 s17

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Statement as evidence

18. (1) A statement as to

(a) the registration or non-registration of a person;

(b) the filing or non-filing of a document or material required or permitted to be filed with the superintendent;

(c) the time when the facts upon which proceedings are based first came to the knowledge of the superintendent; and

(d) other matters concerning the registration, non-registration, filing or non-filing,

purported to be certified by the superintendent is, without proof of the office or signature of the superintendent, receivable in evidence as proof of the facts stated in it in an action, proceeding or prosecution.

(2) A document under this Act purporting to be signed by the minister, or a certified copy of it, is receivable in evidence in an action, prosecution or other proceeding as proof that the document is signed by the minister without proof of the office or signature of the minister.

1988 c16 s18

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Regulations

19. The Lieutenant-Governor in Council may make regulations

(a) prescribing vocations to which this Act and regulations apply;

(b) exempting a vocation or class of private training institutions from this Act or the regulations;

(c) governing applications for registration or renewal of registration and prescribing terms and conditions of registration;

(d) requiring the payment of fees on application for registration or renewal of registration and prescribing the amounts;

(e) requiring registered private training institutions to be bonded in the form and terms and with the collateral security that is prescribed and providing for the forfeiture of bonds and the disposition of the proceeds;

(f) prescribing further procedures respecting the conduct of matters coming before the board;

(g) requiring and governing the books, accounts and records relating to compliance with this Act that shall be kept by private training institutions;

(h) requiring private training institutions to make returns and provide information to the superintendent;

(i) stipulating that information required to be provided or contained in a form or return shall be verified by affidavit;

(j) prescribing the accommodation and equipment required by private training institutions and the means of instruction to be used;

(k) requiring the approval of the superintendent for courses of study, requirements for admission, qualifications of teachers and demonstrators' methods of instruction and premises and equipment used in connection with a private training institution;

(l) prescribing the minimum number of hours of instruction in a vocation that shall constitute a course of instruction in that vocation;

(m) prescribing the maximum fees that shall be paid or received for a course of instruction in a vocation;

(n) prescribing the terms and conditions upon which money paid for or on account of instruction in a private training institution shall be either retained by the payee or be repayable to the payor;

(o) prohibiting the use of advertising relating to a private training institution that may tend to mislead and requiring the discontinuing of a specified advertisement or means of advertisement by the owner of a private training institution;

(p) regulating the selling or offering for sale of a course of instruction offered by a private training institution;

(q) prescribing the amount that may be charged for the material used by or the services supplied to a student of a private training institution;

(r) providing that a certificate or other document as to the competency of a student shall not be issued by a private training institution unless the student has submitted to the examination that may be prescribed by the regulations and prescribing fees for the examination and certificate;

(s) prescribing the nature of examinations for certificates of competency, the manner, times and places of holding the examinations and the persons who shall sit as examiners;

(t) governing the conduct, operation and management of private training institutions; and

(u) prescribing forms and providing for their use.

1988 c16 s19

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Offences

20. (1) A person who

(a) knowingly provides false information in an application under this Act or the regulations or in a statement required to be provided under this Act or the regulations;

(b) fails to comply with an order, direction or other requirement made under this Act or the regulations;

(c) contravenes this Act or the regulations; or

(d) is a director or officer of a corporation and knowingly concurs in the providing, failure or contravention,

is guilty of an offence and on summary conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than 1 year, or to both a fine and imprisonment.

(2) The maximum penalty for a corporation convicted of an offence under subsection (1) is $25,000.

(3) A proceeding under paragraph (1)(a) shall not be started more than 1 year after the facts upon which the proceeding is based first came to the attention of the superintendent.

(4) A proceeding under paragraph (1)(b) or (c) shall not be started more than 2 years after the time when the subject matter of the proceeding arose.

1988 c16 s20

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