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 On review, an administrative penalty may be upheld, rescinded or reduced.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

International Center for Advanced Medical Aesthetics and Wellness Inc.
Unit 7 – 8550 Torbram Road
Brampton, ON L6T 4M9

Description Original Amount Review Decision

Act, s. 11 – Restrictions on advertising and soliciting

The Superintendent of Private Career Colleges (the “Superintendent”) came to the reasonable belief that International Center for advanced Medical Aesthetics and Wellness Inc. (the “School”) was advertising an unregistered private career college and unapproved vocational programs that require approval in contravention of section 11 of the Act based on evidence found on the School’s website at http://icama.ca and advertising found at the School.

Daily penalty of $1,000

Penalty of $1,000 is upheld. The penalty accrued for one day (January 22, 2013).

The balance of the evidence indicates that International Center for Advanced Medical Aesthetics and Wellness Inc. was advertising unapproved vocational programs and was aware of the requirements to register and obtain approval prior to advertising these programs.

Original penalty: $1,000
Penalty following review: $1,000

Act, s. 7 – Prohibition against operating a private career college

The Superintendent came to the reasonable belief that this School was operating a private career college without being registered and holding itself out as a private career college without being registered based on evidence obtained by Designate during the inquiry under section 38 of the Act.

Daily penalty of $1,000

Penalty of $1,000 per day is upheld. The penalty accrued for one day (January 22, 2013).

The balance of the evidence indicates that International Center for Advanced Medical Aesthetics and Wellness Inc. was operating an unregistered private career college. The School advertised as an “Esthetic Training School” and suggested that its courses were approved by the government.

Original penalty: $1,000
Penalty following review: $1,000

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

The Superintendent came to the reasonable belief that this School delivered an unapproved aesthetics program.

There was also evidence obtained by Designates that the School had bundled individually advertised aesthetics courses resulting in a vocational program exceeding $1,000 and requiring more than 40 hours for the training

Daily penalty of $1,000

Penalty of $1,000 per day is upheld. The penalty accrued for one day (January 22, 2013).

The balance of evidence indicates that International Center for Advanced Medical Aesthetics and Wellness Inc. was providing unapproved vocational programs. The School was informed by the ministry on at least three occasions that bundling exempt courses is in contravention of the Act.

Original penalty: $1,000

Penalty following review: $1,000

Act, s. 9 – Prohibition against Charging fee

The Superintendent came to the reasonable belief that at least three students paid for programs exceeding the exemption limits under the Act.

Daily penalty of $1,000

Penalty of $1,000 per day is upheld. The penalty accrued for one day (January 22, 2013).

The balance of the evidence indicates that International Center for Advanced Medical Aesthetics and Wellness Inc. was providing unapproved vocational programs to students for a fee. Evidence indicates that, for at least three students, the School bundled programs that were exempt from requirements under the Act (under 40 hours or $1,000) into packages that would require approval.

Original penalty: $1,000
Penalty following review: $1,000

Act, s. 38 (10) – Inquiries and examinations, Obstruction

The Superintendent came to the reasonable belief that this School had provided false or misleading information regarding the operation of the school and the vocational programs being offered to Designates.

One time penalty of $1,000

Penalty of $1,000 is upheld.

The balance of the evidence indicates that International Center for Advanced Medical Aesthetics and Wellness Inc. provided false information to Designates of the Superintendent using their powers of investigation under section 38 (10) of the Act.

Original penalty: $1,000
Penalty following review: $1,000

Total $5,000