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 11, 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 On review, an administrative penalty may be upheld, rescinded or reduced.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 13, 2013

Pina B’s Academy of Aesthetics Inc.
3439 Lakeshore Boulevard West
Toronto, ON M8W 1N2

Description Original Amount Review Decision

Act, s. 11 – Restrictions on advertising and soliciting

On February 27, 2013, a designate of the Superintendent of Private Career Colleges (the “Designate”) reviewed the website of Pina B’s Academy of Aesthetics Inc. (the “School”) at www.pinabacademy.ca. The website presented the School as an “academy” offering a six-month “aesthetics diploma” program. The website claimed that “When you graduate from Pina B’s Academy of Aesthetics, you will be ready for full-time employment or ready to start your own aesthetics business.”

The website also stated that “in only half a year, you will learn everything you need to have a fabulous career in aesthetics.”

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from March 13, 2013 to March 15, 2013 (inclusive).

The balance of the evidence available indicates that the School was advertising an unregistered private career college and an unapproved aesthetics program. Evidence indicates that, through the pre-screening process, the School was aware of the requirements to register and obtain program approval prior to advertising this program.

As set out in the Superintendent’s Policy Directive #6 – Esthetics Program Approval Requirements, programs offered at private career colleges intended to prepare or that prepare graduates for an entry level employment in the esthetics field are required to adhere to the Esthetician Subject Specific Standard developed and published by the Ministry of Training, Colleges and Universities.

Original penalty: $3,000
Penalty following review: $3,000

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

A Designate, posing as a student, sent an email to the School on June 27, 2012, asking if the School offered any courses. This email address was listed on the School’s website (above).

The School replied “yes it’s a six months diploma course. Starting in Oct. Please feel free to call me.” After further questions from the Designate, the School confirmed that the course “would be full time days.”

The Designate emailed the School again in January 2013 to inquire about the program. The School responded providing the same information as set out above and that the course was “at the cost of 7,900. You’re more than welcome to enrol in the monthly payment plan as well. At the end of the course you will receive a diploma.”

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from March 13, 2013 to March 15, 2013 (inclusive).

The balance of the evidence available indicates that the School was offering an unapproved aesthetics program and, through the pre-screening process, was aware of the requirements to register and obtain program approval prior to offering this program.

Original penalty: $3,000
Penalty following review: $3,000
Total original penalties: $6,000 Total penalties following review: $6,000