Particulars of Notice of Contravention and Review Decision

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 10, 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 On review, an administrative penalty may be upheld, rescinded or reduced.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: May 22, 2013

Original service date: May 22, 2013
Canadian Food Safety Institute Inc.
6-6855 Airport Road, Box 512
Mississauga, ON L4V 1Y9

Description Original Amount Review Decision

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

The School sent an email to a Designate of the Superintendent stating that “training is for 10 consecutive days 9am – 5pm intensive” plus “field related professional training hours that would be monitored by CFSI regulators” and then certification as a “Food Safety Specialist or Food Safety Auditor”.

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from may 22, 2013 to May 26, 2013 (inclusive).

The balance of evidence available indicates CFSI was offering unapproved vocational programs to individuals that were not already working in the food industry. As such, these programs are not exclusively professional development and are, therefore, not exempt from requirements of the Act and regulations, as outlined in Fact Sheet #1 – Exemptions Under the Act.

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

Original penalty: $5,000
Penalty following review: $5,000

Act, s. 11 – Restrictions on advertising and soliciting

The School’s website at www.canadianfoodsafetyinstitute.ca advertised a physical presence, registration for programs On-line and in-class Food Safety certificate courses and Food Safety Specialist courses, and fees from $8,000 to $10,000. In addition the website advertised that students must complete 200 hours industry on-site competency assessments; furthermore all students were required to take the Food Safety Level 1 (step 1) and then move on to the “Core Program Schemes which consist of eight courses” (step 2). The website stated that the Food Safety Specialist Program was 10 weeks online (step 2) plus 5 weeks of field placement (step 3).

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from May 22, 2013 to May 26, 2013 (inclusive).

The balance of evidence availableindicates that CFSI was adverting unapproved vocational programs and that these vocational programs were not exclusively advertised to individuals already working in the food industry. As such, these programs are not exclusively professional development and are, therefore, not exempt from requirements of the Act and regulations, as outlined in Fact Sheet #1 – Exemptions Under the Act.

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

Original penalty: $5,000
Penalty following review: $5,000
Total Total original penalties: $10,000
Total penalties following review: $10,000