BILL NO. 101
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015
Private Career Colleges Regulation Act
(amended)
The Honourable Kelly Regan
Minister of Labour and Advanced Education
First Reading: April 23, 2015
Second Reading: April 27, 2015
Third Reading: May 4, 2015 (LINK TO BILL AS PASSED)
Explanatory Notes
(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".
(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.
(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.
(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.
An Act to Amend Chapter 23
of the Acts of 1998,
the Private Career Colleges Regulation Act
Be it enacted by the Governor and Assembly as follows:
1 The title of Chapter 23 of the Acts of 1998, the Private Career Colleges Regulation Act, is changed from "An Act to Regulate Private Career Colleges" to "An Act Respecting Private Career Colleges".
2 Section 1 of Chapter 23 is amended by striking out "Regulation" in the second line.
3 Section 2 of Chapter 23 is amended by
(a) adding immediately after clause (c) the following clause:
(c) striking out "suspended or cancelled" in the third line of clause (d) and substituting "revoked or surrendered";
(d) striking out "Education and Culture" in the second line of clause (e) and substituting "Labour and Advanced Education";
(e) adding immediately after clause (e) the following clause:
(h) adding "is supervised by an instructor and" immediately after "who" in the third line of clause (i);
(j) striking out "Education and Culture" in the first and second lines of clause (k) and substituting "Labour and Advanced Education";
(k) striking out clause (l) and substituting the following clause:
(m) striking out clause (o) and substituting the following clause:
(pb) "Senior Executive Director" means the Senior Executive Director of the Higher Education Branch of the Department of Labour and Advanced Education or such other person in the Department as the Minister designates;
(p) repealing clause (r) and substituting the following clauses:
(s) "surety bond" means a bond, irrevocable letter of credit or other type of security approved by the Director and prescribed by the regulations.
(a) striking out ", by any other Act or by an Act of the Parliament of Canada" in the first, second and third lines of clause (c);
(b) adding immediately after clause (c) the following clause:
(c) striking out clauses (e) and (f) and substituting the following clause:
(a) adding "(1)" immediately after the Section number;
(b) striking out "Manager" in the third line and substituting "Director"; and
(c) adding the following subsection:
6 Subsections 5(3) to (5) of Chapter 23 are repealed and the following subsections substituted:
(4) No private career college shall offer an occupational-training program unless
(a) the private career college holds a valid certificate of approval; and
(b) the occupational-training program is listed on the certificate of approval.
(5) No private career college shall offer an occupational-training program at any location not listed on the certificate of approval.
(a) complete and submit an application as prescribed by the regulations;
(b) provide facility information as prescribed by the regulations;
(c) permit an inspector to inspect the premises to be used as a private career college;
(d) permit a specialized inspection of any specialized equipment and facilities to be used in the delivery of an occupational-training program;
(e) obtain any inspection required by an Act of the Legislature or of the Parliament of Canada;
(f) confirm that the private career college is registered with the Registrar of Joint Stock Companies, if applicable;
(g) provide a copy of the private career college's corporate ownership share register;
(h) provide the names of the directors and the principals of the private career college and, where applicable, the identity of its corporate owner;
(i) provide copies of the private career college's business, marketing, operational and financial plans and the college's projected financial statements;
(j) establish to the satisfaction of the Director that
(ii) the private career college will have facilities and equipment as prescribed by the regulations with which to offer its programs,
(iii) the private career college will have policies and procedures, including policies or procedures regarding student competency testing and student tuition payment and refund, that satisfy the requirements prescribed by the regulations,
(iv) the private career college is able to comply with the requirements prescribed by this Act and the regulations,
(v) the private career college will be staffed with instructors and instructor assistants who meet the requirements prescribed by this Act and the regulations,
(vi) the operator is not insolvent and not likely to become insolvent, and
(vii) the operator has obtained all approvals required pursuant to any enactment or from the appropriate professional, occupational or other associations connected with any course or program of instruction proposed for the private career college;
(l) post a surety bond with the Director in an amount and in accordance with the requirements prescribed by the regulations;
(m) undertake to make the payments to the Fund required pursuant to this Act; and
(n) satisfy any additional requirements prescribed by the regulations.
7 The Director may request, and the Registrar of Joint Stock Companies shall provide, copies of documents filed by a private career college with the Registrar that the college has failed to provide to the Director as required by this Act and the regulations.
8 (1) Subject to subsection (3), the Director shall register a private career college that satisfies the criteria set out in this Act and the regulations by issuing a certificate of registration listing each location in the Province where the private career college is permitted to operate.
(2) The Director may register a virtual or on-line private career college.
(3) The Director may refuse to register a private career college whose previous certificate of registration or its equivalent was cancelled in another province of Canada and was not re-instated by an appeal process in that province.
9 (1) A certificate of registration may not be transferred or assigned.
(2) A certificate of registration is only valid when held by the operator to whom the certificate is issued.
10 (1) Where the assets of a private career college are sold and the new owner intends to use the assets to operate a private career college, the new owner shall apply to register the private career college in accordance with subsection 6(2).
(a) a private career college; or
(b) the majority of a private career college's shares,
shall complete and submit a form as prescribed by the regulations to the Director, who shall determine whether the private career college's certificate of registration is to be continued.
11 (1) Where a private career college ceases to operate, the certificate of registration must be surrendered to the Director in accordance with the regulations.
(2) A certificate of registration issued by the Director remains in force until it is revoked by the Director or surrendered by the operator in accordance with the regulations.
12 (1) The operator of a private career college may apply to the Director to amend the list of locations where the private career college is permitted to operate.
(2) An application made pursuant to subsection (1) must be made in accordance with the regulations.
13 The Director may attach conditions or restrictions to a private career college's certificate of registration.
14 (1) The Director may revoke or suspend a private career college's certificate of registration for its operator's failure to comply with this Act, the regulations or the conditions or restrictions attached to the certificate of registration.
(2) The Director shall, in accordance with the regulations, give the operator fourteen days' written notice of the revocation or suspension of the private career college's certificate of registration pursuant to subsection (1).
(3) Within seven days of the date notice is given pursuant to subsection (2), the operator may file a response in accordance with the regulations.
(4) Notwithstanding subsection (3), the revocation or suspension will take effect at the end of the notice period prescribed by subsection (2), unless the Director withdraws the notice of revocation or suspension and advises the operator of the withdrawal prior to the expiry of the notice period.
15 (1) Where a private career college's certificate of registration is revoked,
(a) the private career college shall cease offering occupational-training programs; and
(b) the operator shall surrender the certificate of registration to the Director in accordance with the regulations.
(2) Where a certificate of registration is suspended, the operator of the private career college shall not accept new students and shall fulfil all its obligations to the students enrolled in the private career college at the time the certificate of registration is suspended.
15A (1) A copy of a private career college's certificate of registration must be displayed in a place clearly visible to the public at each location listed on the certificate.
(2) Every private career college shall post on its website a copy of its certificate of registration.
(3) A virtual or on-line private career college shall post on the homepage of its website a copy of the certificate of registration.
(4) A copy of a virtual or on-line college's certificate of registration must be attached, as a schedule, to every student contract to which the operator of the virtual or on-line college is a party.
15B The Director shall provide and the private career college shall post, on its website, a hyperlink to the most current version of this Act and the regulations.
15C The holder of a certificate of registration issued pursuant to subsection 8(1) shall
(a) submit an annual report, including financial statements, to the Director as prescribed by the regulations;
(b) no later than thirty days after a change to the annual report occurs, submit to the Director a report, as prescribed by the regulations, detailing the change;
(c) maintain a current surety bond in an amount prescribed by the regulations;
(e) maintain up-to-date filings with the Registrar of Joint Stock Companies, if applicable;
(f) comply with any order issued by the Director; and
(g) satisfy any additional requirement prescribed by the regulations.
15D (1) No private career college shall offer an occupational-training program to students unless the Director has approved the program.
(2) The operator of a private career college may apply to the Director for a certificate of approval to offer to students an occupational-training program.
(3) An application pursuant to subsection (2) must be made in accordance with the regulations.
(4) The operator of a private career college shall obtain all licences, franchises and permissions required for an occupational-training program.
(5) The Director shall issue to the operator a certificate of approval to offer to students an occupational-training program if the application satisfies the criteria prescribed by the regulations.
15E (1) A copy of a private career college's certificate of approval for occupational-training programs must be displayed in a place clearly visible to the public at each location listed on the certificate.
(2) Every private career college shall post on its website a copy of its certificate of approval.
(3) A virtual or on-line private career college shall post on the homepage of its website a copy of the certificate of approval.
(4) A copy of a virtual or on-line college's certificate of approval must be attached, as a schedule, to every student contract to which the operator of the virtual or on-line college is a party.
15F (1) Subject to Section 15G, an occupational-training program approved pursuant to subsection 15D(5) is approved for a five-year period.
(2) Prior to the expiry of the five-year approval period, the operator of a private career college may apply to the Director to renew the certificate of approval for a further five-year period in the manner prescribed by the regulations.
15G The Director may exempt a course of instruction in accordance with threshold criteria as prescribed by the regulations from the application of this Act.
15H (1) When there is a change in the program standards or in the required training equipment for an occupational-training program, the operator of a private career college offering the program shall immediately inform the Director and apply for the approval of the amended occupational-training program and for the issuance of an amended certificate of approval.
(2) An application in subsection (1) must be made in accordance with the regulations.
(3) The Director shall issue to the operator an amended certificate of approval if the application for approval of the amended program satisfies the criteria prescribed by the regulations.
(4) No private career college shall offer an amended occupational-training program to students unless the Director has approved the amended program.
15I (1) The Director may immediately revoke or suspend a certificate of approval if the Director considers it necessary to protect students or to protect the public interest.
(2) Where a private career college's certificate of approval for an occupational-training program is revoked,
(a) the private career college shall cease offering the occupational-training program; and
(b) the operator shall refund the whole of the tuition and the related fees paid by the students enrolled in the revoked program.
(3) Where a certificate of approval is suspended, the operator shall not accept new students in the suspended program and shall fulfil all its obligations to the students enrolled in the program at the time the program is suspended.
15J (1) Subject to subsection (2), only instructors and instructor assistants who have met and who maintain the qualifications prescribed by the regulations shall deliver an approved occupational-training program.
(2) A guest instructor who teaches eight or fewer hours over the entire length of an occupational-training program is exempt from satisfying the qualifications prescribed by the regulations.
(3) The Director may exempt from registration as an instructor or from satisfying the qualifications prescribed by the regulations a person who
(a) teaches all or a portion of a course that constitutes a component of an occupational-training program; or
(b) is a short-term teacher as determined pursuant to the regulations.
8 (1) Subsection 16(1) of Chapter 23 is amended by striking out "Manager" in the first, in the second and in the fourth lines and substituting in each case "Director".
(2) Subsection 16(2) of Chapter 23 is amended by striking out "in the office of the Minister" in the second line and substituting "with the Director".
(3) Subsection 16(3) of Chapter 23 is amended by
(a) striking out "in the office of the Minister" in the second line and substituting "with the Director";
(b) striking out "Minister" in the third line and substituting "Director"; and
(c) adding "in accordance with the regulations" immediately after "statements" in the fourth line.
9 Section 17 of Chapter 23 is amended by adding "with each student" immediately after "contract" in the first line.
10 Section 18 of Chapter 23 is repealed and the following Section substituted:
(2) A complaint must be in writing, signed by the complainant and filed with the Director in accordance with the regulations.
(3) Within twenty-one days of receiving a complaint, the Director shall dismiss the complaint and inform the complainant if it is
(b) not made in good faith; or
(c) not within the jurisdiction of the Director.
(4) Where a complaint against a private career college is not dismissed by the Director pursuant to subsection (3), the Director shall
(a) advise the operator that a complaint alleging a contravention of the Act or the regulations has been received;
(b) disclose to the operator in the form prescribed by the regulations the information received respecting the alleged contravention of the Act or the regulations; and
(c) advise the operator that a written response may be filed in accordance with the regulations.
(5) Within thirty-five days of receiving a complaint or within fourteen days of the Director deciding not to dismiss the complaint pursuant to subsection (3), whichever is earlier, the Director shall
(a) informally resolve the complaint;
(b) make an order dismissing the complaint or doing one or more of the following:
(ii) imposing conditions or restrictions on the private career college's certificate of registration,
(iii) suspending or revoking a certificate of approval of a private career college's occupational-training programs,
(iv) directing the operator of the private career college to reimburse all or a portion of the tuition and other program costs paid by a student,
(v) directing the release of all or a portion of the posted surety bond,
(vi) referring the dispute to an arbitrator for a final decision,
(vii) granting any other remedy that is just and reasonable in the circumstances.
(7) Notwithstanding the periods referred to in subsections (3) and (5), where circumstances prevent the Director from acting within a period referred to in those subsections, the Director may extend the period by no more than seven days.
11 Clause 20(a) of Chapter 23 is amended by striking out "prospective student" in the second line and substituting "student applicant".
12 Section 22 of Chapter 23 is repealed.
13 Section 23 of Chapter 23 is repealed and the following Sections substituted:
(2) The Director may appoint specialized subject-area inspectors to accompany an inspector appointed pursuant to subsection (1) on an inspection for the purpose of this Act or the regulations.
(3) The Minister may delegate to any person any power conferred or duty imposed on the Minister by this Act or the regulations.
23A (1) Subject to subsection (2), an inspector may, at any reasonable time, enter upon the premises of a private career college to make an inspection for the purpose of this Act or the regulations.
(2) An inspector, on the request of a person occupying the premises, shall produce the identification provided by the Director for this purpose.
(3) An inspector has such other powers and duties as are prescribed by the regulations.
(4) Upon an inspection under this Section, an inspector may
(a) require the production of any documents or records in the form they are maintained for inspection and copying;
(b) inspect the physical premises and equipment; and
(c) inquire into matters that relate to compliance with the requirements of this Act or the regulations.
23B (1) Notwithstanding anything contained in this Act, a justice may issue an order to enter authorizing the inspector to do anything set out in Section 23A that is specified in the order for the period set out in the order if the justice is satisfied on evidence under oath by an inspector that
(a) there are reasonable grounds to believe that it is appropriate for the administration of this Act for the inspector to do anything set out in Section 23A; and
(b) the inspector may not be able to carry out duties under this Act effectively without an order to enter under this Section because
(ii) a person has denied the inspector access to premises or there are reasonable grounds for believing that a person may deny the inspector access to premises,
(iii) a person has prevented the inspector from doing anything set out in Section 23A or denied the inspector access to anything, as a result of which the inspector is unable to do anything set out in Section 23A,
(iv) there are reasonable grounds to believe that a person may prevent an inspector from doing anything set out in Section 23A, or may deny the inspector access to anything as a result of which the inspector may be unable to do anything set out in Section 23A,
(v) it is unpractical, because of the remoteness of the premises to be inspected or because of any other reason, for the inspector to obtain an order to enter under this Section without delay if access is denied, or
(vi) there are reasonable grounds to believe that an attempt by the inspector to do anything set out in Section 23A without the order to enter might defeat the purpose of that Section or cause an adverse effect.
(3) An application to renew pursuant to subsection (2) may be made before or after the expiry of the period.
(4) An order under this Section may be issued or renewed on application without notice.
(2) Section 24 of Chapter 23 is amended by adding immediately after subsection (2) the following subsections:
(2B) When a private career college ceases offering occupational-training programs and closes, the Director may take possession of the student records located on the premises of the college.
(2C) A person who has taken control of the premises of a private career college that has ceased offering occupational-training programs shall provide when requested, to the Director, the student records located on the premises of the college.
15 Sections 26 to 32 of Chapter 23 are repealed and the following Sections substituted:
(2) An order to comply issued pursuant to subsection (1) must
(a) indicate the nature of the contravention and state the provisions of this Act or the regulations that were contravened; and
(b) state that failure to follow the order may result in the Director
(ii) laying a charge for failure to comply with the Act or the regulations.
(2) A notice issued pursuant to subsection (1) must
(a) include a copy of the order to comply issued pursuant to Section 26;
(b) provide details of the person's failure to comply with the order referred to in clause (a);
(c) provide a clear description of the administrative sanction;
(d) state when and how the administrative sanction can be satisfied;
(e) state the date and manner by which any monetary sanction must be paid; and
(f) describe or specify the manner in which the person may request a review of the administrative sanction by the Senior Executive Director no later than fourteen days from the date of the notice referred to in subsection (1).
(3) A person who satisfies an administrative sanction imposed pursuant to this Section may not be charged with an offence respecting the matter that gave rise to the administrative sanction.
28 (1) An affected party may request a review by the Senior Executive Director of the Director's
(a) decision to impose conditions or restrictions on a private career college's certificate of registration;
(b) decision to revoke or suspend a private career college's certificate of registration;
(c) decision respecting an occupational-training program;
(d) decision to exempt a person who delivers an occupational-training program from satisfying the qualifications prescribed by the regulations;
(e) decision or order made pursuant to subsection 18(5);
(f) order requiring compliance issued pursuant to subsection 26(1); or
(g) administrative sanction imposed pursuant to subsection 27(1).
(2) The request for a review must be in writing, signed by the party and filed in accordance with the regulations with the Senior Executive Director no later than fourteen days from the date on which the decision, order or administrative sanction of the Director referred to in subsection (1) is sent.
(3) Upon the filing of a request for a review, the Senior Executive Director shall advise the parties of the review procedures prescribed by the regulations.
(4) Within twenty-one days of receiving a request for a review, the Senior Executive Director shall confirm, reverse or vary the decision, order or administrative sanction being reviewed.
(5) The decision of the Senior Executive Director must be in writing and must be sent to the parties by registered mail, personal service or such other method as is prescribed by the regulations.
(6) Notwithstanding the period referred to in subsection (4), where circumstances prevent the Senior Executive Director from acting within the period, the Senior Executive Director may extend the period by no more than seven days.
(a) knowingly furnishes false information in any application under this Act or the regulations or in any statement or return required to be furnished under this Act or the regulations;
(b) obstructs, misleads, interferes or otherwise refuses to comply with an inspector in the exercise of a power granted pursuant to this Act;
(c) fails to comply with an order of the Director; or
(d) otherwise contravenes this Act or the regulations,
is guilty of an offence and liable on summary conviction to a fine of not more than fifty thousand dollars and, in default of payment, to imprisonment for a period not exceeding six months.
(2) A prosecution for an offence pursuant to this Act may not be commenced more than two years after the date of the alleged offence.
(3) Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation or operator of the private career college who directed, authorized, assented to, acquiesced in or participated in the contravention of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.
30 (1) In the event of a threatened or a continuing contravention of this Act or the regulations, the Minister may file an application to be heard by a judge of the Supreme Court of Nova Scotia for an injunction to restrain the person from continuing or committing the contravention and, where the judge considers it to be just, the judge may grant such injunction.
(2) A judge may, on motion, grant an interim injunction pending the hearing of an application for an injunction pursuant to subsection (1) if the judge is satisfied that there is reason to believe that a person is likely to commit or is continuing to commit a contravention of this Act or the regulations.
(2) Subsection 33(4) of Chapter 23 is amended by
(a) striking out clause (a) and substituting the following clause:
(c) adding immediately after clause (c) the following clause:
(d) adding "recommended by the Fund Working Committee" immediately after "college" in the second line of clause (d).
17 Chapter 23 is amended by adding immediately after Section 33 the following Section:
(2) The Minister may appoint such members of the Fund Working Committee as the Minister determines advisable.
(3) Members shall be appointed for a term not exceeding three years and are eligible for re-appointment.
19 Section 36 of Chapter 23 is repealed.
20 Sections 37 and 38 of Chapter 23 are repealed and the following Sections substituted:
(a) prescribing the facilities, accommodation and equipment required by private career colleges and the means of instruction to be used;
(b) prescribing the minimum number of hours of instruction in any occupation that constitutes a course of instruction in that occupation;
(c) prescribing the maximum fees to be charged or received for a course of instruction in any occupation;
(d) prescribing a tuition-refund policy for private career colleges and requiring private career colleges to disclose the tuition-refund policy to each student applicant and student before the tuition is paid;
(e) prohibiting the use of any advertising relating to a private career college or requiring the discontinuance of any specified advertisement or means of advertisement;
(f) respecting the selling or offering for sale of any course of instruction offered by a private career college;
(g) designating an occupation, calling or career as an occupation within the meaning of this Act;
(h) fixing the times during which the public may obtain service in a private career college;
(i) exempting an occupation or course from the operation of this Act;
(j) respecting the making of annual reports and the furnishing of information to the Director by the operator of a private career college;
(k) prescribing the form and content of or the qualification for a diploma or certificate of any kind issued by a private career college;
(l) prescribing forms and providing for their use;
(m) prescribing qualifications for instructors and instructor assistants;
(n) respecting professional development for the staff of and the instructors at private career colleges;
(o) requiring full disclosure to students and student applicants of matters relating to private career college courses, including the cost of such courses and all training components, and prescribing the manner in which disclosure is to be made;
(p) prescribing minimum standards for curricula in private career colleges;
(q) prescribing a maximum student-instructor ratio in each course;
(r) prescribing a maximum number of students in each private career college;
(s) requiring that accurate and current evaluation and examination statistics be kept for review by the Director;
(t) prescribing the conditions of ownership of franchised private career colleges in the Province;
(u) prescribing performance standards for occupational-training programs;
(v) requiring and setting the minimum amount for fire or disaster insurance necessary to continue a course in alternate facilities with alternate texts, instructional materials, supplies and equipment;
(w) respecting student-related services;
(x) prescribing criteria for contracts between students and operators of private career colleges, including conditions for the sale of contracts and conditions for accepting all or part payment for courses before the courses are given;
(y) prescribing criteria for application fees, registration fees and fees for international students;
(z) prescribing procedures for realizing on security taken pursuant to the regulations and the manner in which the proceeds are to be distributed;
(za) prescribing criteria for the purchase and sale of goods and services provided by students and limiting the amount of goods or services to be provided;
(zb) respecting the distribution of information in each college's files and establishing a policy and procedures for limited distribution and requirements respecting privacy;
(zc) requiring the operator of a private career college to keep information respecting students and prescribing the type of information to be kept, the form it is to be kept in and the length of time during which the information is to be kept;
(zd) determining what constitutes a change of ownership of a private career college;
(ze) respecting the furnishing of annual reports and financial statements;
(zf) determining review procedures;
(zg) respecting the suspension of student intake and the procedure to be followed;
(zh) prescribing entrance requirements for students;
(zi) requiring the registration of a person, organization or body corporate that provides occupational-training programs by correspondence, the Internet, direct video conference, distance education or other electronic means when that person, organization or body corporate is operating from outside the Province and recruiting students within the Province;
(zj) prescribing the form and content of a certificate of registration;
(zk) prescribing criteria for the revocation or suspension of a certificate of registration and of a certificate of approval;
(zl) respecting files, forms, records and documents relating to students to be kept at the place of business of a private career college, their content and the manner in which they are to be kept;
(zm) prescribing the form and content of a student contract;
(zn) prescribing the form and content of the annual report required for the purpose of clause 15C(a);
(zo) prescribing the form and content of the report required for the purpose of clause 15C(b);
(zp) prescribing the procedures for filing, responding to, processing and disposing of a complaint for the purpose of Section 18;
(zq) prescribing the procedure for filing a request for review and establishing review procedures for the purpose of Section 28;
(zr) prescribing methods of notifying parties of a decision or order;
(zs) establishing the financial, human resources and administrative capacities required of private career colleges;
(zt) prescribing policies and procedures that a private career college is required to have respecting tuition payment and refund;
(zu) prescribing policies and procedures that a private career college is required to have respecting competency testing;
(zv) prescribing policies and procedures that a private career college is required to have respecting activities that may cause fear, intimidation, humiliation, distress or other damage or harm to a person's health, emotional well-being, self-esteem or reputation;
(zw) respecting student recruitment practices;
(zx) authorizing the Director to determine whether recruiting practices are misleading or contrary to these regulations, for the purpose of a complaint, revocation or suspension pursuant to this Act;
(zy) prescribing the form for the disclosure of the information for the purpose of clause 18(4)(b);
(zz) prescribing powers and duties of inspectors;
(zza) respecting administrative sanctions;
(zzb) establishing a listing of occupations for the purpose of subclause 2(l)(ii);
(zzc) prescribing the facility information to be provided by the operator of a private career college;
(zzd) prescribing the procedure and requirements for adding new locations to the certificate of registration;
(zze) prescribing the maximum number of hours for instruction and practicums each day and per week for occupational-training programs;
(zzf) respecting the determination of whether a person is a short-term teacher;
(zzg) prescribing the procedures for surrendering a certificate of registration and for the orderly transfer of files, documents and other items on the closure of a private career college;
(zzh) establishing threshold criteria for the exemption of a course of instruction for the purpose of Section 15G.
(2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
38 (1) The Governor in Council may make regulations
(a) prescribing the security, including the amount to be provided by the operator of any private career college, for the due performance of the operator's contracts;
(ii) to add locations to the certificate of registration,
(iii) to make changes to registered operators or agents,
(iv) for the approval or the amending of an occupational-training program, or
(v) for the registration or the changes in registration of an instructor or instructor assistant of a private career college;
(d) prescribing the fees that operators are required to pay into the Fund;
(e) defining any word or expression used by but not defined in this Act;
(f) further defining any word or expression defined in this Act;
(g) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
21 Where, immediately before the coming into force of this Act, an occupational-training program is approved and registered, the Director shall set a date before which the application for renewal must be made.
22 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created May 11, 2015. Send comments to legc.office@novascotia.ca.
