Private Training Institutions Regulations

Regulation

Registration: R-074-2022
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Post-secondary Education Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 2022. 2022

The Minister, under section 66 of the Post-secondary Education Act and every enabling power, makes the Private Training Institutions Regulations.

Interpretation

(1) In these regulations,

"campus" means

(a) a single premises at which a program of instruction is provided, or

(b) two or more premises at which a program of instruction is provided and that the Minister considers to be one single campus; (campus)

"certificate or diploma program" means a program of study that leads to the granting of a certificate or diploma; (programme menant à un certificat ou un diplôme)

"degree program" means a program of study that leads to the granting of a degree; (programme menant à un grade)

"prescribed quality assurance body" means the quality assurance body prescribed under paragraph 5(2)(b) of the Colleges, Degree Granting and Universities Regulations; (organisme de l’assurance de la qualité désigné)

"registration fee" means the fee referred to in subsection 9(1); (frais d’inscription)

"semester" means

(a) a period of studies identified by a post-secondary institution that is not less than 12 continuous weeks and not more than 26 continuous weeks in length, or

(b) a period of studies during the spring or summer identified by a post-secondary institution that is less than 12 continuous weeks in length;

"student" means a person who is enrolled in a program of instruction at a private training institution; (étudiant) "tuition fees" means all mandatory instructional and non-instructional fees to be paid by students enrolled in a program of study and includes

(a) the registration fee, if any, and

(b) the cost of textbooks, lesson materials, supplies and equipment that students are required to purchase when enrolled in a program of instruction. (frais de scolarité)

(2) For greater certainty, in addition to the definitions set out in section 1 of the Act, the definitions set out in section 27 of the Act apply to these regulations.

Rejection Without Referral

The Minister shall consider the following criteria in deciding whether to reject an application under section 28 or 28.1 of the Act for a certificate of registration to be registered as a private training institution without referral to the prescribed quality assurance body:

(a) the impact of the registration on the viability of the same or similar post-secondary institutions or programs offered by those institutions in the Northwest Territories that receive regular and ongoing funding from the Government;

(b) the direct or indirect impact of the registration on demands for payment or other expenditures out of public funds;

(c) the impact of the registration on the ability of post-secondary institutions that receive regular and ongoing funding from the Government to secure sufficient program-related practicums or other clinical or workplace placements for their students who are in programs where those practicums or placements are integral components of the programs;

(d) the consistency of the registration with Government announcements and policies relating to the labour market or to human resource planning in the Northwest Territories;

(e) having regard to the past conduct of the applicant and any officer or director of the applicant, whether the applicant can reasonably be expected to operate the institution in accordance with the law and with integrity and honesty;

(f) whether the applicant demonstrates

(i) operational sustainability, and

(ii) that they have given appropriate consideration to the realities of operating in the unique environment of the Northwest Territories, including consideration as to

(A) financial support for students,

(B) the availability of high-speed internet, and

Issuing Certificate

(1) Before issuing or renewing a certificate of registration under subsection 28(5) or 28.1(5) of the Act, the Minister must be satisfied that the applicant

(a) is authorized under Part 5 of the Act to grant a degree or to offer a degree program;

(b) holds a certificate of registration issued by the Director of Private Vocational Training under subsection 36(2) of the Act with respect to one or more private vocational training programs; or

(c) delivers a certificate or diploma program in partnership with either of the following and meets the additional criteria set out in subsection (2):

(i) a post-secondary institution,

(ii) an institution in a province or another territory.

(2) Before issuing or renewing a certificate of registration with respect to an applicant described in paragraph (1)(c), the Minister

(a) must be satisfied that

(i) the certificate or diploma program has been reviewed by and is recognized

(A) under the Act or regulations made under the Act, or

(B) in accordance with legislation enacted by the jurisdiction of the partner institution,

(ii) the applicant has established policies outlining

(A) the program delivery model, and

(B) the services and resources available to students and the delivery model for access to those services and resources by students, and

(iii) the policies referred to in subparagraph (ii) are provided to students of the institution; and

(b) shall consider the criteria set out in section 2.

(3) An applicant shall provide the Minister with any information requested by the Minister, including information that will allow the Minister to make a determination under subsection (1) or (2).

(4) An applicant shall make a separate application for each institution that is operated, or proposed to be operated, under a distinct name.

(5) If an applicant proposes to operate more than one campus, the applicant must make a separate application for each campus.

General Requirements

(1) A certificate of registration

(a) must set out the programs of instruction that a private training institution is authorized to provide; and

(b) must be for a term of not more than five years.

(2) A private training institution that wishes to offer a program of instruction not already included on the institution’s certificate of registration shall apply, in the form and manner directed by the Minister, to add the program to the certificate of registration.

(1) A private training institution shall have rules and policies in place respecting the operation of the institution, including respecting the following:

(a) the complaint resolution process;

(b) refunds of fees;

(d) attendance requirements;

(e) monitoring and reporting of student academic progress.

(2) A private training institution shall provide the rules and policies described in subsection (1) to each student, before the student begins a program of instruction and whenever requested by the student.

Changes

(1) A private training institution shall immediately advise the Minister of any change in financial resources that may adversely affect the institution’s ability to effectively provide a program of instruction offered by the institution on an ongoing basis.

(2) A private training institution shall, at least 30 days before the change occurs, advise the Minister of any proposed change in ownership of the institution.

(3) A private training institution shall, at least 60 days before the change occurs, advise the Minister of a change to any of the following and must obtain the approval of the Minister before making the change:

(a) the qualifications required for instructors;

(b) the premises at which programs of instruction are or will be provided;

(c) in the case of a private training institution offering a certificate or diploma program in partnership as described in paragraph 3(1)(c), any change to the approval of that program by the jurisdiction of the partner institution;

(d) any other thing specified by the Minister in writing and about which the institution has received notice from the Minister.

Student Contracts

(1) A private training institution shall enter into a student contract with each student who is to receive training at the institution and shall provide a copy of the signed contract to the student without delay.

(2) The period during which a student contract has effect is

(a) the period stated in the contract; or

(b) in the absence of a period stated in the contract, the period for which the student is enrolled at the private training institution.

(1) Every student contract must contain the following terms:

(a) the period in which the contract has effect;

(b) an itemized list of the fees payable by the student and a schedule indicating the time and amount of each payment;

(d) any other terms directed by the Minister.

(2) If a student is enrolled in a program of instruction delivered in partnership with another institution as set out in paragraph 3(1)(c), the list of fees in paragraph (1)(b) must clearly indicate which fees are for program facilitation by the private training institution.

Fees

(1) Subject to subsection (2), a private training institution may require a student to pay a registration fee, before a program of instruction begins, that does not exceed the lesser of

(a) $500; or

(b) 20% of the total cost of the program of instruction.

(2) A private training institution shall not require or accept payment of

(a) a registration fee in respect of a prospective student until that prospective student has signed a student contract; or

(b) any other tuition fee in respect of a student or a prospective student before the program of instruction in which the student is enrolled begins.

(3) A private training institution that receives a registration fee shall credit the fee to unpaid tuition fees if the student begins the applicable program of instruction.

Termination of Student Contract

10.

(1) A student or a private training institution may terminate a student contract by giving written notice of termination to the other party.

(2) The notice referred to in subsection (1) may be delivered to the other party in any manner provided that a receipt or other verification is available that indicates the date on which the notice is delivered.

(3) A student contract is terminated on the date on which the notice under subsection (1) is delivered.

(4) Notwithstanding subsections (1) to (3), the Minister may, after considering the relevant circumstances, determine the date that a student contract is to be considered to have been terminated for the purpose of a refund under these regulations.

Refund of Fees

11.

(1) If a private training institution terminates a student contract before the program of instruction contracted for begins, the private training institution shall refund any tuition fees paid by or on behalf of the student.

(2) If a student terminates a student contract before the program of instruction contracted for begins, the private training institution is entitled to retain any registration fee paid by or on behalf of the student but shall refund any other tuition fees paid.

12.

If a student contract is terminated after a semester begins, after a semester begins, the private training institution shall refund to the student the following amounts of tuition fees:

(a) if 10% or less of the semester has concluded, 75% of the tuition fees paid for that semester;

(b) if more than 10% but 50% or less of the semester has concluded, 40% of the tuition fees paid for that semester;

(d) 100% of the tuition fees paid for any semesters that have not yet begun.

13.

(1) A private training institution abandons training under its certificate of registration if the institution stops providing a program of instruction included on that certificate before it is complete, and

(a) there are student contracts for the program that have not been terminated; or

(b) all student contracts for the program have been terminated but one or more of the contracts were, in the Minister’s opinion, terminated by the institution so that the institution would not be required to provide the program.

(2) A private training institution that intends to abandon training under its certificate of registration shall notify the Minister as soon as possible before it stops providing any program of instruction.

(3) Notwithstanding sections 11 and 12, if a private training institution abandons training under its certificate of registration, the institution shall

(a) notify all affected students; and

(b) refund all tuition fees that have been paid by or on behalf of students with respect to any affected programs of instruction.

(4) This section does not require the refund of any tuition fees in respect of a student whose student contract is terminated

(a) by the student before the private training institution abandons the provision of a program of instruction contracted for; or

(b) by the private training institution before the institution abandons the provision of a program of instruction contracted for, if the contract was terminated

(i) because the student was expelled, or

(ii) for non-payment of tuition fees.

14.

(1) Notwithstanding sections 11 and 12, if a certificate of registration held by a private training institution is cancelled, the institution must refund all tuition fees that have been paid in respect of a program of instruction provided under that certificate.

(2) This section does not require the refund of tuition fees in respect of a student whose student contract is terminated

(a) by the student before the certificate of registration is cancelled; or

(b) by the private training institution before the certificate is cancelled, if the contract was terminated

(i) because the student was expelled, or

(ii) for non-payment of tuition fees.

15.

(1) A private training institution shall, in either of the following circumstances, immediately refund to a student all tuition fees paid to the institution under the student contract:

(a) the program of study contracted for was not included as a program of instruction on the institution’s certificate of registration;

(b) the institution or its employees made a false or misleading statement regarding the program of instruction contracted for, or the nature of the student contract, that induced the student to enter into the student contract.

(2) An institution shall immediately refund to a person all tuition fees paid under a contract for a program of study if the institution, in entering into that contract, represented itself as a private training institution but did not have a valid certificate of registration.

(3) If a private training institution fails to fully deliver a program of instruction contracted for, the Minister may require the institution to

(a) refund any unearned tuition fees to the student; or

(b) make up the deficiency in the program of instruction.

(4) Nothing in this section is to be construed as abrogating or limiting in any way the rights and remedies that a student otherwise has at law with respect to a breach by a private training institution of a student contract with that student.

Payment of Refund

16.

If a private training institution is required to refund any tuition fees, the institution shall refund those fees to the student in respect of whom the fees were paid by the earlier of

(a) 30 days from the day the student contract is terminated, including where the contract is terminated because the private training institution abandons training; and

(b) the time period specified in an order of the Minister.

Student Records and Transcripts

17.

(1) A private training institution shall keep a current student record for each student.

(2) A private training institution shall include the following in a student record:

(a) a copy of the signed student contract;

(b) evidence of all payments for tuition fees;

(c) if applicable, a copy of any complaint made by the student to the institution in respect of a program of instruction covered by the certificate of registration and copies of all documents in respect of the complaint and the student’s participation in the dispute resolution process;

(d) if applicable, copies of documents relating to termination of a student contract, including in respect of student expulsion, and copies of documents relating to any refund of tuition fees;

(e) if the student is an international student who has been issued a study permit by the Government of Canada, a copy of the letter of acceptance and a copy of the study permit;

(f) the student’s transcripts issued by the institution;

(g) evidence that the student has met the admission requirements for the program of instruction;

(h) a copy of the student’s attendance record;

(i) if applicable, a copy of the credential granted to the student.

(3) A private training institution shall, on the request of a student, allow the student to examine and copy their student record.

(4) A private training institution shall, on the request of a student, issue a transcript detailing the marks or grades achieved by the student.

(5) A private training institution shall retain student records and transcripts in accordance with any direction given by the Minister.

(6) A private training institution shall, on closure of the institution and in accordance with any direction of the Minister, transfer all student records and transcripts to the Minister.

Decisions of Minister

18.

(1) If the Minister intends to reject an application for a certificate of registration without referral or to refuse to issue or renew a certificate of registration, the Minister shall give the applicant

(a) 30 days’ written notice of the proposed refusal, including written reasons; and

(b) an opportunity to make written representations to the Minister within 10 business days after the written notice referred to in paragraph (a) is received.

(2) On the expiry of 30 days after the notice required under subsection (1) is received, the Minister

(a) may take the proposed action;

(b) may decline to take the proposed action; and

19.

(1) The Minister may, under section 31 of the Act, suspend or cancel a certificate of registration

(a) if, in the opinion of the Minister,

(i) a program of instruction is not being provided in a competent manner,

(ii) the premises at which a program of instruction is provided are unsuitable,

(iii) the financial resources of the private training institution are inadequate for the continued effective provision of a program of instruction, or

(iv) the private training institution has failed to comply with the Act, regulations made under the Act, a certificate of registration, a student contract or an order made under the Act or these regulations; or

(b) for any other reason that would mean the private training institution would not be granted a certificate of registration if the institution were an applicant.

(2) If the Minister intends to suspend or cancel a certificate of registration or to add, remove or amend a term or condition attached to a certificate, the Minister shall, subject to subsection 31(3) of the Act, give the private training institution

(a) 30 days’ written notice of the proposed action, including written reasons; and

(b) an opportunity to make written representations to the Minister within 10 business days after the written notice referred to in paragraph (a) is received.

(3) On the expiry of 30 days after the notice required under subsection (2) is received, the Minister

(a) may take the proposed action;

(b) may decline to take the proposed action; and

(4) Where notice of a suspension or cancellation is given under paragraph (3)(c), the Minister shall post that notice in the manner described in subsection 31(6) of the Act.

20.

If the Minister suspends or cancels a certificate of registration immediately under subsection 31(3) of the Act, the Minister shall give the private training institution an opportunity to make written representations to the Minister within 10 business days after notice of the suspension or cancellation is received.

21.

The Minister may, under section 31 of the Act, reinstate a certificate of registration if, in the opinion of the Minister,

(a) the private training institution

(i) has remedied the defect that led to the suspension of the certificate, and

(ii) has satisfied any other requirements set by the Minister for reinstatement; and

(b) the private training institution continues to meet any other requirements for obtaining a certificate of registration under the Act and these regulations.

General

22.

A certificate of registration issued by the Minister under the Act is not transferable.

23.

A notice or decision sent by fax, email or regular mail under these regulations is, in the absence of evidence to the contrary, deemed to have been received

(a) on the second day after it is sent by fax or email; or

(b) on the sixth day after it is sent by regular mail.

24.

These regulations come into force December 16,

2022.