Private Vocational Training Regulations

Regulation

Registration: R-075-2022
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 SCHEDULE

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

Interpretation

(1) In these regulations,

"campus" means

(a) a single premises at which a vocational training program is provided, or

(b) two or more premises at which a vocational training program is provided and that the Director considers to be one single campus; (campus)

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

"student" means a person who is enrolled in a vocational training program delivered under a certificate of registration; (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 vocational training program. (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 34 of the Act apply to these regulations.

Prescribing Vocations

(1) For the purposes of subsection 34(2) of the Act, each occupation included in the National Occupational Classification developed and published by the Government of Canada, as amended from time, is prescribed as a vocation.

(2) The following do not constitute a vocational training program under the Act and these regulations:

(a) a program of study leading to the granting of a degree;

(b) training not intended to provide a livelihood but to

(i) provide personal interest or enjoyment, or

(ii) update existing skills;

(d) training provided to employees or members by or on behalf of an employer, an association of employers or a labour union;

(e) training provided by or on behalf of a post-secondary institution other than a private training institution.

Issuing Certificate

(1) Before issuing or renewing a certificate of registration, the Director must be satisfied that the following conditions have been met:

(a) the vocational training program offered by the applicant leads to the granting of a certificate or diploma by the applicant;

(b) there is a demand in the labour market for graduates qualified in one or more vocations in which the program provides training;

(d) the admission requirements for students are appropriate to the vocational training provided;

(e) the qualifications required for instructors are recognized by the applicable industry as being appropriate;

(f) the applicant has support services in place to ensure equal access to programming by all students;

(g) the applicant has adequate financial resources for the effective provision of the vocational training program;

(h) the applicant has advised the Director that the premises at which the vocational training program is delivered complies with all of the following, as applicable:

(i) municipal bylaws,

(ii) municipal zoning, fire, health, safety and building requirements established by or under law;

(i) the applicant has effective processes in place for the resolution of student complaints;

(j) the vocational training program will be delivered in an appropriate manner.

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

(3) An applicant shall make a separate application for each vocational training program the applicant wishes to have recognized as a vocational training program under the Act.

(4) If an applicant intends to offer a vocational training program at more than one campus and wishes to have that program recognized under the Act, the applicant must make a separate application for each campus at which the program will be offered.

(5) An applicant shall pay a fee as set out in the Schedule for any of the following:

(a) an initial certificate of registration;

(b) a renewal of a certificate of registration;

(6) A fee paid under subsection (5) is non-refundable.

General Requirements

(1) A certificate of registration may be for a term of between one and five years and expires on the August 31 following the end of that term.

(2) The holder of a certificate of registration who applies to renew a certificate after the day on which the previous certificate expires shall pay a late fee as set out in the Schedule.

(3) The holder of a certificate of registration who fails to apply to renew a certificate within 30 days after the day on which the previous certificate expires must apply under section 36 of the Act for a new certificate.

(1) The holder of a certificate of registration shall have rules and policies in place respecting the delivery of the vocational training program, 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) The holder of a certificate of registration shall provide the rules and policies listed in subsection (1) to each student, before the student begins a vocational training program and whenever requested by the student.

Changes

(1) The holder of a certificate of registration shall immediately advise the Director of any change in financial resources that may adversely affect the holder’s ability to effectively provide a vocational training program offered under the certificate on an ongoing basis.

(2) The holder of a certificate of registration shall, at least 30 days before the change occurs, advise the Director of any proposed change in ownership of an institution offering a vocational training program under the certificate.

(3) The holder of a certificate of registration shall, at least 60 days before the change occurs, advise the Director of a change to any of the following and must obtain the approval of the Director before making the change:

(a) the vocational training program, including any substantive change to course syllabi;

(b) the qualifications required for instructors;

(d) the premises at which the program is or will be provided;

(e) any other thing specified by the Director in writing and about which the holder has received notice from the Director.

(4) The holder of a certificate of registration seeking the approval of the Director with respect to a change described in subsection (3) shall pay a fee as set out in the Schedule.

(5) A fee paid under subsection (4) is non-refundable.

Student Contracts

(1) The holder of a certificate of registration shall enter into a student contract with each student who seeks to enroll in a vocational training program 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 in the vocational training program.

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 Director.

Fees

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

(a) $500; or

(b) 20% of the total cost of the vocational training program.

(2) The holder of a certificate of registration 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 in respect of a student or a prospective student before the vocational training program in which the student is enrolled begins.

(3) The holder of a certificate of registration who receives a registration fee shall credit the fee to unpaid tuition fees if the student begins the applicable vocational training program.

Termination of Student Contract

10.

(1) A student or the holder of a certificate of registration 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 Director 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 the holder of a certificate of registration terminates a student contract before the vocational training program contracted for begins, the holder of the certificate of registration shall refund any tuition fees paid by or on behalf of the student.

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

12.

(1) If a student contract is terminated after the vocational training program contracted for begins, the holder of the certificate of registration shall refund to the student the following amounts of tuition fees:

(a) if 10% or less of the training program has been provided, 75% of the tuition fees paid for that program;

(b) if more than 10% but 50% or less of the training program has been provided, 40% of the tuition fees paid for that program;

(2) If the holder of a certificate of registration has received tuition fees in excess of the amount that the holder is entitled to under subsection (1), the holder must refund the excess amount.

13.

(1) The holder of a certificate of registration abandons training under that certificate if the holder stops providing the vocational training program covered by 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 Director’s opinion, terminated by the holder so that the holder would not be required to provide the program.

(2) The holder of a certificate of registration who intends to abandon training under its certificate shall notify the Director as soon as possible before training ceases.

(3) Notwithstanding sections 11 and 12, if the holder of a certificate of registration abandons training under that certificate, the holder 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 the vocational training program provided under the certificate.

(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 holder of a certificate of registration abandons training under that certificate; or

(b) by the holder of a certificate of registration before the holder abandons training under that certificate, 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 is cancelled, the holder of the certificate must refund all tuition fees that have been paid in respect of a vocational training program provided under the 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 holder of the certificate 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) The holder of a certificate of registration shall immediately refund to a student all tuition fees paid to the holder under a student contract if the holder or an employee of the holder made a false or misleading statement regarding the vocational training program contracted for, or the nature of the student contract, that induced the student to enter into the student contract.

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

(3) If the holder of a certificate of registration fails to fully deliver a vocational training program contracted for, the Director may require the holder to

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

(b) make up the deficiency in the vocational training program.

(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 an operator of a student contract with that student.

Payment of Refund

16.

If the holder of a certificate of registration is required to refund any tuition fees, the holder 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 holder of the certificate abandons training; and

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

Student Records and Transcripts

17.

(1) The holder of a certificate of registration shall keep a current student record for each student enrolled in the vocational training program provided under the certificate.

(2) The holder of a certificate of registration shall include the following in a student record:

(a) a copy of the signed student contract;

(b) evidence of payments for tuition fees;

(c) if applicable, a copy of a complaint made by the student to the holder of the certificate in respect of the vocational training program provided under the certificate and copies of all documents in relation to the complaint and the student’s participation in the dispute resolution process;

(d) if applicable, copies of documents in relation to termination of a student contract, including in respect of student expulsion, and copies of documents relating to any resulting 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 holder of the certificate of registration;

(g) evidence that the student has met the admission requirements for the vocational training program provided under the certificate;

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

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

(3) The holder of a certificate of registration shall, on the request of a student, allow the student to examine and copy their student record.

(4) The holder of a certificate of registration shall, on the request of a student, issue a transcript detailing the marks or grades achieved by the student.

(5) The holder of a certificate of registration shall retain student records and transcripts in accordance with any direction given by the Director.

(6) The holder of a certificate of registration shall, on closure of the institution offering the vocational training program or on ceasing to offer any vocational training programs and in accordance with any direction of the Director, transfer all student records and transcripts to the Minister.

Decisions of the Director

18.

(1) If the Director intends to refuse to issue or renew a certificate of registration under section 36 of the Act, the Director 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 Director 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 Director

(a) may take the proposed action;

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

19.

(1) The Director may, under section 39 of the Act, suspend or cancel a certificate of registration

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

(i) the vocational training program provided under the certificate is not being provided in a competent manner,

(ii) the premises at which the vocational training program is provided are unsuitable,

(iii) the financial resources of the holder of the certificate are inadequate for the continued effective provision of the vocational training program, or

(iv) the holder of the certificate has failed to comply with the Act, these regulations, 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 holder of the certificate of registration would not be granted a certificate of registration if the holder were an applicant.

(2) If the Director intends to suspend or cancel a certificate of registration or to add, remove or amend a term or condition attached to a certificate, the Director shall, subject to subsection 39(3) of the Act, give the holder of the certificate

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

(b) an opportunity to make written representations to the Director 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 Director

(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 Director shall post that notice in the manner described in subsection 39(6) of the Act.

20.

If the Director suspends or cancels a certificate of registration immediately under subsection 39(3) of the Act, the Director shall give the holder of the certificate an opportunity to make written representations to the Director within 10 business days after notice of the suspension or cancellation is received.

21.

The Director may, under section 39 of the Act, reinstate a certificate of registration if, in the opinion of the Director,

(a) the holder of the certificate

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

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

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

Internal Review

22.

(1) A request for a review under section 40 of the Act must be filed with the Minister within 30 days of the holder of a certificate of registration receiving a notice of suspension or cancellation under subparagraph 19(3)(a)(ii).

(2) On the filing of a request for a review, the suspension or cancellation that is the subject of the review is stayed, pending the outcome of the review.

(3) A request for a review must be made in writing to the Director to and must include the following:

(a) a copy of the notice of suspension or cancellation provided to the holder under subsection 39(2) or (3) of the Act;

(b) the name and contact information of the holder of the certificate of registration who is the subject of the suspension or cancellation;

(c) a request that the decision to suspend or cancel the certificate of registration be reversed or varied and the particulars of that request;

(d) documentation in support of the request.

(4) On receipt of a request for review under this section, the Minister shall authorize a member of the public service to conduct the review.

(5) The reviewer authorized under subsection (4) may, in conducting the review, ask any person for clarification or information in addition to the information submitted under subsection (3).

(6) Within 30 days of receiving a request for a review, the reviewer authorized under subsection (4) shall confirm, reverse or vary the decision to suspend or cancel the certificate of registration.

(7) In a review, the onus is on the party requesting the review to establish, on a balance of probabilities, that the decision to suspend or cancel the certificate of registration should not be confirmed.

Deemed Notice

23.

Except as otherwise provided, a notice sent by fax, email or regular mail under these regulations is 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.

SCHEDULE

Part 1 - Fees

1. For a certificate of registration............ $0

2. For the renewal of a certificate of registration ........................... $0

3. For each program application required under subsection 3(3)................... $0

4. For each campus application required under subsection 3(4)................... $0

5. For a change approval application under subsection 6(3)........................ $0

Part 2 - Late Fees

6. For a late application to renew under subsection 4(2) ........................ $0