The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 101

Private Career Colleges Regulation Act (amended)

An Act to Amend Chapter 23 of the Acts of 1998, the Private Career Colleges Regulation Act

Introduced by:
Honourable Kelly Regan
Minister of Labour and Advanced Education

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) April 30, 2015
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement April 1, 2016
2015 Statutes, Chapter 25

Explanatory Note

Clauses 1 and 2 change the long and short titles of the Act.

Clause 3

(a) adds definitions of “certificate of approval”, “professional development”, “student applicant”, “Senior Executive Director” and “surety bond”;

(b) updates the definitions of “certificate of registration”, “instructor”, “instructor assistant” and “occupational training”;

(c) updates the name of the Department and the title of the Minister;

(d) replaces the definition of “Manager” with a definition of “Director”; and

(e) replaces the definitions of “insolvent”, “occupation”, “operator” and “student contract”.

Clause 4

(a) clarifies that the Act does not apply to programs governed by another Act or by a federal statute; and

(b) removes from the list of institutions not subject to the Act an employer school for employees.

Clause 5 updates a position title and authorizes the Minister to assign the duties of the Director to another person in the Department.

Clause 6 clarifies that programs are only to be offered once approved by the Director and in locations listed on the certificate of registration.

Clause 7 repeals and replaces a number of Sections to clarify and re-organize the provisions and procedures dealing with

(a) the registration of a private career college;

(b) the Director’s authority to attach conditions to and to revoke or suspend the registration;

(c) the posting of the certificate of registration;

(d) the responsibilities of the holder of the certificate of registration; and

(e) the prohibitions applicable to the private career college.

Clause 8 replaces references to “Manager” with references to “Director”.

Clause 9 clarifies there must be a student contract for each student.

Clause 10 replaces a mediation of disputes provision with a detailed complaints process.

Clause 11 replaces the expression “prospective student” with the defined expression “student applicant”.

Clause 12 repeals a redundant Section.

Clause 13 expands on the inspection authority and brings this Act in line with inspection provisions in other provincial legislation.

Clause 14

(a) replaces references to “Minister” with references to “Director”; and

(b) provides for access to electronic student records and the seizure and taking into possession of student records when a college closes.

Clause 15

(a) introduces and authorizes an administrative sanction and court injunctive process; and

(b) replaces the appeal and offence provisions with more detailed and complete provisions.

Clause 16 clarifies details regarding the Training Completion Fund.

Clause 17 establishes the Fund Working Committee.

Clause 18 replaces a reference to “Manager” with a reference to “Director”.

Clause 19 repeals a redundant Section.

Clause 20 sets out the authority and the nature of both ministerial and Governor-in-Council regulation-making.

Clause 21 is a transitional provision for occupational-training programs.

Clause 22 provides for the Act to come into force on proclamation.