Particulars of Notice of Contravention
S. 49 (1) Private Career Colleges Act, 2005 ("Act")
Ministry of Training, Colleges and Universities
Office of the Superintendent
Private Career Colleges Branch
77 Wellesley Street West
Box 977
Toronto ON M7A 1N3
April 16, 2014
These particulars are posted following the issuance of an administrative penalty for which a review was requested. Penalties may be reviewed upon request within 15 days of receipt of a Notice of Contravention. The review decision is made considering not only the information originally available at the time the Notice of Contravention was issued, but also any new information not previously available that may have been supplied in support of the request for a review. On review, an administrative penalty may be upheld, rescinded or reduced. A review decision is final.
Original service date: August 12, 2013
2050177 Ontario Ltd. operating as AD Truck Driving School
256 Rutherford Road South
Brampton, ON L6W 3N3
| Description | Original Amount | Review Decision |
|---|---|---|
| Act, s. 11 – Restrictions on advertising and soliciting A designate of the Superintendent of Private Career Colleges (the “designate”) reviewed the website (adtruckschool.ca/home.html) of 2050177 Ontario Ltd. operating as AD Truck Driving School (the “school”). This website characterized the school as a professional (i.e. vocational) truck driving school and included a tractortrailer driver (“AZ”) training curriculum corresponding to the AZ training standard of the Ministry of Training, Colleges and Universities (the “ministry”). |
$1,000 per day | Penalty of $1,000 per day is upheld. However, the ministry will consider this penalty to have only accumulated for one day, August 12, 2013, due to the exceptional circumstances presented by the school. The balance of evidence available indicates that the school was advertising an unapproved AZ truck driving program. As advised in the response from the Private Career Colleges Branch (“PCCB”) to the school’s pre-screening application, of April 16, 2013, this program is vocational in nature and requires approval by the Superintendent of Private Career Colleges (the “superintendent”) prior to being advertised. Original penalty: $9,000 |
| Act, s. 8 (1) – Prohibition against providing vocational programs The designate, posing as a prospective student, called the school to inquire about its AZ training program. The school told the designate that it offered a variety of AZ training “packages” from $800 to $3,000. (AZ programs less than $1,000 are exempt from approval under the Act.) |
$1,000 per day | Penalty of $1,000 per day is upheld. However, the ministry will consider this penalty to have only accumulated for one day, August 12, 2013, due to the exceptional circumstances presented by the school. The balance of evidence available indicates that the school was offering an unapproved AZ truck driving program and was aware of the requirements to register and obtain program approval prior to offering this program. As advised in the PCCB’s response to the school’s prescreening application, of April 16, 2013, this program is vocational in nature and requires approval by the superintendent prior to being offered. The superintendent’s Policy Directive #5 – TractorTrailer (AZ) Driver Program Approval Requirements, sets out the requirements for AZ truck driver programs provided by private career colleges. Original penalty: $9,000 |
| Total original penalties: $18,000 (request for review received nine days after issuance of Notice of Contravention 2013 – SB1, on August 20, 2013) | Total current penalties following review: $2,000 (penalty considered to have accumulated for one day due to exceptional circumstances) |
The penalty listed above resumed accumulating daily from April 9, 2014 and continues so to accumulate until the school provides the ministry with written confirmation of compliance with the Act and its regulations.