Ontario Career Colleges Act, 2005, S.O. 2005, c. 28, Sched. L

• Jurisdiction: Ontario

Ontario Career Colleges Act, 2005

S.o. 2005, chapter 28
Schedule L

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 29, s. 1-10.

CONTENTS

Part I
interpretation

Definitions

1 (1) In this Act,

“career college” means an educational institution or other institution, agency or entity that provides one or more vocational programs to students for a fee and pursuant to individual contracts with the students, but does not include,

(a) a college of applied arts and technology established under any Act,

(b) a university established under any Act,

(c) a school as defined in subsection 1 (1) of the Education Act, or

(d) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class; (“collège d’enseignement professionnel”)

“Minister” means the Minister of Training, Colleges and Universities or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“registrant” means a person who is registered under this Act to operate a career college, and “registered” and “registration” have corresponding meanings; (“inscrit”, “inscription”)

“regulations” means the regulations made under this Act; (“règlements”)

“Superintendent” means the Superintendent of career colleges appointed under section 2; (“surintendant”)

“Tribunal” means the Licence Appeal Tribunal; (“Tribunal”)

“vocational program” means instruction in the skills and knowledge required in order to obtain employment in a prescribed vocation. (“programme de formation professionnelle”) 2005, c. 28, Sched. L, s. 1 (1); 2009, c. 33, Sched. 25, s. 5 (1); 2023, c. 9, Sched. 29, s. 2, 10.

Interpretation re fees

(2) In this Act, a reference to a fee in relation to a vocational program or charged by or paid to a career college includes any fee charged by a career college, including an application, administrative or tuition fee. 2005, c. 28, Sched. L, s. 1 (2); 2023, c. 9, Sched. 29, s. 10 (1).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 25, s. 5 (1) - 15/12/2009

2023, c. 9, Sched. 29, s. 2 (1, 2), 10 (1, 2) - 01/01/2024

Part ii
Administration and financial matters

Superintendent

2 (1) There shall be a Superintendent of career colleges who shall be appointed by the Minister. 2005, c. 28, Sched. L, s. 2 (1); 2023, c. 9, Sched. 29, s. 10 (2).

Duties

(2) The Superintendent may exercise the powers and shall perform the duties conferred or imposed upon him or her by or under this Act. 2005, c. 28, Sched. L, s. 2 (2).

Delegation

(3) Subject to the approval of the Minister, the Superintendent may delegate in writing any of his or her powers or duties under this Act to one or more persons employed in the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. 2009, c. 33, Sched. 25, s. 5 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 25, s. 5 (2) - 15/12/2009

2023, c. 9, Sched. 29, s. 10 (2) - 01/01/2024

Training Completion Assurance Fund

3 (1) A fund to be known as the Training Completion Assurance Fund in English and Fonds d’assurance pour l’achèvement de la formation in French shall be established in accordance with the regulations. 2005, c. 28, Sched. L, s. 3 (1).

Purpose of Fund

(2) The purpose of the Fund is to ensure that in the event a career college ceases to provide a vocational program in which students are enrolled, the students,

(a) will be given the opportunity to complete the vocational program as provided by another career college or by another institution, agency or entity; or

(b) will receive a refund of that portion of the fees they paid in relation to the program for which they did not receive any instruction or other benefit. 2005, c. 28, Sched. L, s. 3 (2); 2023, c. 9, Sched. 29, s. 10 (1).

Administration of Fund

(3) The Fund shall be administered in accordance with the regulations. 2005, c. 28, Sched. L, s. 3 (3).

Section Amendments with date in force (d/m/y)

2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

4 Repealed: 2020, c. 34, Sched. 21, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 34, Sched. 21, s. 1 - 01/07/2021

Premiums and levies

5 (1) Career colleges shall pay premiums and levies for the purposes of the Training Completion Assurance Fund in the amounts, on the terms and at the times determined in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (1); 2023, c. 9, Sched. 29, s. 10 (2).

Same

(2) Different classes of career colleges may be required to pay different premiums and levies and to meet different terms in respect of the premiums and levies, in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (2); 2023, c. 9, Sched. 29, s. 10 (2).

Payment

(3) Every career college shall remit the premiums and levies it is required to pay within 30 days of receiving a notice of a premium or levy in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (3); 2023, c. 9, Sched. 29, s. 10 (1).

Failure to pay

(4) If a career college fails to pay a premium or levy within the required time, it may be charged interest on the amount of the premium or levy in accordance with the regulations. 2005, c. 28, Sched. L, s. 5 (4); 2023, c. 9, Sched. 29, s. 10 (1).

Section Amendments with date in force (d/m/y)

2023, c. 9, Sched. 29, s. 10 (1, 2) - 01/01/2024

Security

6 Every career college shall comply with the regulations respecting the providing of security or other methods of protecting the financial interests of its students. 2005, c. 28, Sched. L, s. 6; 2023, c. 9, Sched. 29, s. 10 (1).

Section Amendments with date in force (d/m/y)

2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

Part III
Prohibitions

Prohibition against operating a career college

7 (1) No person shall operate a career college unless the person is registered. 2005, c. 28, Sched. L, s. 7 (1); 2023, c. 9, Sched. 29, s. 10 (1).

Holding oneself out

(2) No person shall hold themself out as the operator of a career college unless the person is registered. 2005, c. 28, Sched. L, s. 7 (2); 2023, c. 9, Sched. 29, s. 10 (1).

Section Amendments with date in force (d/m/y)

2023, c. 9, Sched. 29, s. 10 (1) - 01/01/2024

Prohibition against providing vocational programs

8 (1) No person shall offer or provide a vocational program for a fee unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 8 (1).

Exception

(2) Subsection (1) does not apply to,

(a) a college of applied arts and technology established under any Act;

(b) a university established under any Act;

(c) a school as defined in subsection 1 (1) of the Education Act; or

(d) Repealed: 2009, c. 33, Sched. 25, s. 5 (3).

(e) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class. 2005, c. 28, Sched. L, s. 8 (2); 2009, c. 33, Sched. 25, s. 5 (3).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 25, s. 5 (3) - 15/12/2009

Prohibition against charging fee

9 (1) No person shall charge or collect a fee in relation to a vocational program unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 9 (1).

Exception

(2) Subsection (1) does not apply to,

(a) a college of applied arts and technology established under any Act;

(b) a university established under any Act;

(c) a school as defined in subsection 1 (1) of the Education Act; or

(d) Repealed: 2009, c. 33, Sched. 25, s. 5 (4).

(e) a prescribed institution, agency or entity or an institution, agency or entity belonging to a prescribed class. 2005, c. 28, Sched. L, s. 9 (2); 2009, c. 33, Sched. 25, s. 5 (4).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 25, s. 5 (4) - 15/12/2009

Prohibition against use of credentials

10 No person shall grant to another person a credential or represent that a credential may be obtained from an educational institution or other institution, agency or entity unless the person is registered and both the provision of the vocational program leading to the credential and the granting of the credential have been approved by the Superintendent. 2010, c. 12, s. 16.

Section Amendments with date in force (d/m/y)

2010, c. 12, s. 16 - 08/06/2010

Restrictions on advertising and soliciting

11 (1) Subject to the regulations, no person shall advertise a career college or the establishment of a career college unless the person is registered. 2005, c. 28, Sched. L, s. 11 (1); 2023, c. 9, Sched. 29, s. 10 (1).

Same

(2) Subject to the regulations, no person shall advertise the provision of a vocational program at a career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 11 (2); 2023, c. 9, Sched. 29, s. 10 (1).

Soliciting students

(3) No person shall solicit another person to enrol as a student in a vocational program provided by a career college unless the person is registered and the provision of the vocational program has been approved by the Superintendent. 2005, c. 28, Sched. L, s. 11 (3); 2023, c. 9, Sched. 29, s. 10 (1).

Use of term

(4) No person shall make use of the term “private career college” or “career college” or any derivation or abbreviation of either term in any advertising relating to an educational institution or other institution, agency or entity unless the person is registered. 2005, c. 28, Sched. L, s. 11 (4); 2023, c. 9, Sched. 29, s. 3.

Section Amendments with date in force (d/m/y)

2023, c. 9, Sched. 29, s. 3, 10 (1) - 01/01/2024

Prohibition against court actions

12 (1) No action shall...