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

September 17, 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 On review, an administrative penalty may be upheld, rescinded or reduced.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: September 26, 2013

Academie de Pilotage Internationale Inc. o/a International Pilot Academy
1-1500 Thomas Argue Road
Carp, ON K0A 1L0

Description Original Amount Review Decision

Act, s. 11 – Restrictions on advertising and soliciting

On September 11, 2013, a Designate of the Superintendent of Private Career Colleges (“Designate”) reviewed the School’s website advertising found at www.intlpilotacademy.com.

The School’s website was advertising the international pilot academy, the program of study and how to contact the School. The “Program of Study” webpage appeared to cover a number of subjects required by Transport Canada for courses of Commercial Pilot Licence (“CPL”) ground school instruction.

Based on the evidence outlined, the Superintendent was led to the reasonable belief that this School was advertising an unregistered private career college and advertising unapproved vocational training.

Daily penalty of $1,000

Original penalty: $15,000

Penalty of $1,000 per day is upheld. The penalty accumulated from September 26, 2013 to October 10, 2013 (inclusive).

The balance of the evidence available indicates that Academie de Pilotage Internationale Inc., operating as International Pilot Academy, was advertising an unapproved Commercial Pilot Licence (CPL) program.

Evidence indicates that Academie de Pilotage lnternationale Inc., operating as International Pilot Academy, was aware of the legislative requirements to register and obtain program approval under the Act prior to advertising a vocational program. In response to the School's prescreening application for a CPL program in March 2012, the Ministry clearly informed the School that it was a "violation under sections 8 and 11 of the Act to offer or deliver or to advertise the delivery of your vocational program(s)".

Penalty following review: $15,000

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

On September 10, 2013, a Designate, while posing as a prospective student, asked via email for an estimate of the CPL ground school instruction and the 65 hours of CPL flight training. On September 11, 2013, the School invited the Designate to visit the School anytime, check out their aircrafts and discuss a suitable plan to get a licence. The School also advised by email that it would cost $10,507 CAD to fly a Cesna 150 for the 65 hours.

Although subsection 9 (1) of Ontario Regulation 415/06 exempts from approval programs which are shorter than 40 hours or programs under $1,000, no CPL training program can be under 40 hours because Transport Canada requires all applicants for a CPL to complete 80 hours of commercial ground school instruction and 65 hours of commercial flight training.

Since the unapproved CPL program offered by the School was longer than 40 hours and over $1,000, it exceeded the exemption limits set out under that subsection of the Regulation.

Daily penalty of $1,000

Original penalty: $15,000

Penalty of $1,000 per day is upheld. The penalty accumulated from September 26, 2013 to October 10, 2013 (inclusive).

The balance of the evidence available indicates that Academie de Pilotage lnternationale Inc., operating as International Pilot Academy, was offering an unapproved CPL program.

Evidence indicates that Academie de Pilotage lnternationale Inc., operating as International Pilot Academy, was aware of the legislative requirements to register and obtain program approval under the Act prior to offering a vocational program.

Penalty following review: $15,000

Total Total penalties following review: $30,000