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 On review, an administrative penalty may be upheld, rescinded or reduced.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: August 12, 2013

TransBiz Inc. operating as TransBiz Truck Training Centre
1405 Morningside Avenue
Scarborough, ON M1B 3J1

Description Original Amount Review Decision

Act, s. 11 – Restrictions on advertising and soliciting

On May 29, 2013 a Designate of the Superintendent (“Designate”), posing as a prospective student, called the School and was told that the School charged $2,200 for AZ (i.e. tractor-trailer driver) training, payable in instalments, and that the fee included the use of a vehicle for the road test.

On July 19, 2013, a Designate reviewed the School’s website found at http://www.transbiz.ca/index.html. Here, the School was advertising a 150 hour AZ training program.

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: $16,000

Penalty of $1,000 per day is upheld. The penalty accumulated from August 12, 2013 to August 29, 2013 (inclusive).

The balance of the evidence indicates that TransBiz Inc., operating as TransBiz Truck Training Center, was advertising an unregistered private career college and an unapproved truck driver program. Evidence indicates that, through the prescreening process TransBiz Inc., operating as TransBiz Truck Training Center, was aware of the requirements to register and obtain program approval prior to advertising this program.

Penalty following review: $16,000

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

Based on the evidence outlined, the Superintendent came to the reasonable belief that this School was offering or providing an unapproved vocational training program that required approval, in contravention of subsection 8 (1) of the Act.

Daily penalty of $1,000

Original penalty: $16,000

Penalty of $1,000 per day is upheld. The penalty accumulated from August 12, 2013 to August 29, 2013 (inclusive).

The balance of the evidence indicates that TransBiz Inc., operating as TransBiz Truck Training Center, was offering an unapproved truck driver program. Evidence indicates that, through the pre-screening process TransBiz Inc., operating as TransBiz Truck Training Center, was aware of the requirements to register and obtain program approval prior to offering this program.

Penalty following review: $16,000

Total

Total penalties following review: $32,000