Particulars of Notice of Contravention and Review Decision

Act, s. 8 (1) – Prohibition against providing vocational programs

On October 5, 2012 a designate of the Superintendent of Private Career Colleges (the “Designate”) emailed questions to APICS Toronto Chapter (the “School”) about “certification” and training in production and inventory management (“CPIM”). The Designate also asked if the CPIM training was available at the School’s location in Toronto. A representative of the School replied that the School offers courses to help individuals prepare for certification.

On March 14, 2013 two Designates visited the School. During this visit, the School’s representative confirmed that the School offered courses on weekends. The Designates then requested copies of enrolment records. These records indicated that the School had enrolled students in one or more modules of a CPIM training program that corresponded to a vocation set out in the National Occupational Classification, 2001. Students who registered for two or more modules received over 40 hours of training and were charged over $1,000.

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from April 8, 2013 to April 9, 2013 (inclusive).

The balance of the evidence indicates that the School was providing unapproved vocational programs to students by bundling programs (or “modules”) that were exempt from the requirements of the Act (under 40 hours or less than $1,000) into packages that would require approval as a vocational program.

Evidence indicates that, through the pre-screening process, the School was aware of the requirements to register and obtain program approval prior to offering any vocational programs that exceed the exemption thresholds.

Original penalty: $2,000
Penalty following review: $2,000

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from April 8, 2013 to April 9, 2013 (inclusive).

The balance of the evidence indicates that the School was charging students a fee for the provision of an unapproved vocational program. Evidence indicates that over 50 students paid more than $1,000 for their training at the School.

Original penalty: $2,000
Penalty following review: $2,000

Act, s. 11 – Restrictions on advertising and soliciting

On March 28, 2013 a Designate reviewed the School’s website at www.apics.ca. On that date the Designate saved in Adobe format a copy of each of five registration application pages corresponding to the five modules of the CPIM training program. The Designate noted that these online registration application forms did not set out any pre-requisites for the program.

On April 3, 2013, a Designate saved a copy of the School’s “education page” from its website as an Adobe document. This page listed the courses leading to the CPIM designation and described the School as the “leading educator in the field of resource management.”

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from April 8, 2013 to April 9, 2013 (inclusive).

The balance of the evidence indicates that the School was advertising an unapproved vocational program to students by bundling modules that fell under the exemption threshold into packages that would require approval.

Evidence indicates that, through the pre-screening process, the School was aware of the requirements to register and obtain program approval prior to advertising vocational programs that exceed the exemption thresholds.

Original penalty: $2,000
Penalty following review: $2,000

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from April 8, 2013 to April 9, 2013 (inclusive).

By advertising, providing, and charging a fee to students for an unapproved vocational program, the School was operating an unregistered private career college.

Original penalty: $2,000
Penalty following review: $2,000