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
March 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 On review, an administrative penalty may be upheld, rescinded or reduced.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: November 25, 2013
Creative Career Systems Inc.
114 Drive-In Crescent (RR#5)
Owen Sound, ON N4K 5N7
| Description | Original Amount | Review Decision |
|---|---|---|
|
Act, s. 8(1) – Prohibition against offering or providing vocational programs The Certified Personal Support Worker Program requires approval under the Private Career Colleges Act, 2005. |
$1,000 per day |
Penalty of $1,000 per day is upheld. The penalty accumulated from November 25, 2013 to November 28, 2013 (inclusive). The balance of the evidence available indicates that Creative Career Systems Inc. was providing unapproved vocational programs to students and was aware of the requirements to register and obtain program approval prior to providing these programs. Creative Career Systems Inc. would have been aware of the requirements to register and obtain program approval prior to offering vocational training as it was a registered private career college until May 6, 2010 and was subject to prior enforcement action: a Notice of Contravention (#21) issued to the School on January 26, 2010 and a Warning Letter sent to the School on September 9, 2013. As the programs provided by Creative Career Systems Inc. do not provide training for work in religious vocations, they are not exempt as a “religious vocational training” programs, as described in Fact Sheet #1 – Exemptions under the Act: http://www.tcu.gov.on.ca/eng/general/factsheet1.pdf. Further, vocational programs delivered through distance education are not exempt under the Act, as described in Policy Directive #9 – Distance Education Programs at Private Career Colleges: http://www.tcu.gov.on.ca/pepg/audiences/pcc/directive9.pdf. Original penalty: $4,000 |
|
Act, s. 9 – Prohibition against charging fee The Certified Personal Support Worker Program requires approval under the Private Career Colleges Act, 2005. |
$1,000 per day |
Penalty of $1,000 per day is upheld. The penalty accumulated from November 25, 2013 to November 28, 2013 (inclusive). The balance of evidence available indicates that Creative Career Systems Inc. was charging fees to students for the provision of unapproved vocational programs. At least one student paid over $1,000 to Creative Career Systems Inc. for vocational training. Creative Career Systems Inc. would have been aware of the requirements to register and obtain program approval prior to charging a fee to students for the provision of vocational training as it was a registered private career college until May 6, 2010 and was subject to prior enforcement action: a Notice of Contravention (#21) issued to the School on January 26, 2010 and a Warning Letter sent to the School on September 9, 2013. Original penalty: $4,000 |
|
Act, s. 11 – Restrictions on advertising and soliciting
On www.ccsacademy.com, advertising was found as follows:
|
$1,000 per day |
Penalty of $1,000 per day is upheld. The penalty accumulated from November 25, 2013 to November 28, 2013 (inclusive). The balance of evidence available indicates that Creative Career Systems Inc. was advertising unapproved vocational programs and was aware of the requirements to register and obtain program approval prior to advertising these programs. See above for further detail. Creative Career Systems Inc. would have been aware of the requirements to register and obtain program approval prior to advertising vocational programs as it was a registered private career college until May 6, 2010 and was subject to prior enforcement action: a Notice of Contravention (#21) issued to the School on January 26, 2010 and a Warning Letter sent to the School on September 9, 2013. Original penalty: $4,000 |
|
Act, s. 7 – Prohibition against operating a private career college The vocational training was offered by distance education which requires approval. A review of documents dated after the Superintendent’s January 26, 2010 Restraining Order and Notice of Contravention revealed that Creative Career Systems Inc. was offering and providing a vocational program, Certified Personal Support Worker Program. |
$1,000 per day |
Penalty of $1,000 per day is upheld. The penalty accumulated from November 25, 2013 to November 28, 2013 (inclusive). The balance of evidence available indicates that Creative Career Systems Inc. was operating an unregistered private career college by advertising, offering and providing unapproved vocational programs to students for a fee. Creative Career Systems Inc. would have been aware of the requirements to register and obtain program approval prior to operating a private career college as it was a registered private career college until May 6, 2010 and was subject to prior enforcement action: a Notice of Contravention (#21) issued to the School on January 26, 2010 and a Warning Letter sent to the School on September 9, 2013. Original penalty: $4,000 |
| Total | Total original penalties: $16,000 |