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
February 12, 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 On review, an administrative penalty may be upheld, rescinded or reduced.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: March 22, 2013
Central Beauty College Inc.
8142 Yonge Street
Thornhill, ON M5V 3E7
| Description | Original Amount | Review Decision |
|---|---|---|
|
Act, s. 7 – Prohibition against operating a private career college During this visit, the Designates observed a class in session with one instructor and three students. The instructor told the Designates that she was teaching laser aesthetics to the students. The Designates requested (and received) copies of the contents of four student files. These files showed that three students had contracted with the School for a bundle of aesthetics courses in excess of $1,000 and 40 hours. |
$1,000 per day |
Penalty of $1,000 per day is upheld. However, the Ministry of Training, Colleges and Universities (the “Ministry”) will consider the School to have confirmed compliance the same day as receiving Notice of Contravention #214, March 26, 2013, as the School provided evidence that it was closed for the Persian New Year from March 21, 2013 to March 25, 2013. The balance of evidence available indicates that the School was operating an unregistered private career college and was aware of the requirements to register and obtain program approval prior to offering bundled vocational courses that, when combined, exceeded the exemption thresholds of 40 hours and $1,000. Original penalty: $5,000 |
|
Act, s. 8 (1) – Prohibition against providing vocational programs On February 23, 2013, the School responded by email to an enquiry previously sent by a Designate about aesthetics and medical aesthetics programs. The School indicated that if a student took a bundled program it would give the student another program at no extra cost. On February 26, 2013, two Designates observed a class in session at the School with one instructor and three students. The instructor told the Designates that she was teaching laser aesthetics to the students. The School’s student files, when examined by the Designates, showed that three currently enrolled students had each registered for a bundle of aesthetics courses costing more than $1,000 and requiring over 40 hours of instruction. |
$1,000 per day |
Penalty of $1,000 per day is upheld. However, the Ministry will consider the School to have confirmed compliance the same day as receiving Notice of Contravention #214, March 26, 2013, as the School provided evidence that it was closed for the Persian New Year from March 21, 2013 to March 25, 2013. The balance of evidence available indicates that the School was offering unapproved vocational programs. Evidence indicates that the School was bundling vocational courses that, when combined, exceeded the exemption thresholds of 40 hours and $1,000. Original penalty: $5,000 Penalty following review: $1,000 |
|
Act, s. 9 – Prohibition against charging fee |
$1,000 per day |
Penalty of $1,000 per day is upheld. However, the Ministry will consider the School to have confirmed compliance the same day as receiving Notice of Contravention #214, March 26, 2013, as the School provided evidence that it was closed for the Persian New Year from March 21, 2013 to March 25, 2013. The balance of evidence available indicates that the School was charging fees to students for the provision of unapproved vocational programs. Evidence indicates that at least three students paid over $1,000 for a combination of vocational courses that, when bundled, were over 40 hours of training. Original penalty: $5,000 |
|
Act, s. 11 – Restrictions on advertising and soliciting On February 25, 2013, the Designate again viewed the School’s website and noted that it was advertising a full nail technician course. In addition, the Designate observed that each page of the website included the logo of the Ontario Association of Career Colleges and a statement that the School’s name had been approved by the Ontario Association of Career Colleges “in compliance with all regulations imposed by the Ministry of Training, Colleges and Universities.” (The Ontario Association of Career Colleges, now Career Colleges Ontario, confirmed with the Designate that it has no affiliation with the School.) |
$1,000 per day |
Penalty of $1,000 per day is upheld. However, the Ministry will consider the School to have confirmed compliance the same day as receiving Notice of Contravention #214, March 26, 2013, as the School provided evidence that it was closed for the Persian New Year from March 21, 2013 to March 25, 2013. The balance of evidence available indicates that the School was advertising an unregistered private career college. On its public website, the School advertised the logo of the Ontario Association of Career Colleges[1] and advised that it was “in compliance with all regulations imposed by the Ministry of Training, Colleges and Universities.” These statements were and continue to be false. Original penalty: $5,000 |
| Total | Total original penalties: $20,000 (service date considered March 22, 2013) |
Footnotes
[1] ^ Career Colleges Ontario, formerly the Ontario Association of Career Colleges, is a non-profit organization established in 1973. The Association’s purpose is to ensure that career colleges have a voice in Ontario.