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 On review, an administrative penalty may be upheld, rescinded or reduced.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

Stik-Man Logistics 05 Inc. known as Transport Driver Training
329 Sienna Crescent
Kitchener, ON N2R 1T6

Description Original Amount Review Decision

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

A designate of the Superintendent of Private Career Colleges (the “Designate”) called Stik-Man Logistics 05 Inc. known as Transport Driver Training (the “School”) on January 7, 2013 to inquire about tractor-trailer (“AZ”) driver training. The School indicated that it could provide AZ training for $2,000 to $3,500 over 18 to 24 hours, with extra training available if a student failed the road test. In addition the School told the Designate that it would provide a vehicle for the road test.

$1,000 per day

Penalty of $1,000 per day is upheld. The penalty accumulated from January 22, 2013 to January 31, 2013 (inclusive).

The balance of the evidence indicates that the School was offering an unapproved vocational program and was aware of the requirement to register and obtain program approval prior to offering this vocational program.

Original penalty: $10,000
Penalty following review: $10,000

Act, s. 11 – Restrictions on advertising and soliciting

On January 7, 2013, the Designate viewed a Yellow Pages advertisement for the School at www.yellowpages.ca/bus/Ontario/Kitchener/Transport-DriverTraining/7883866.html. This advertisement provided the contact information that the Designate used to inquire about the School’s AZ training program.

On January 16, 2013, two Designates photographed a trailer at 353 Manitou Drive in Kitchener displaying the sign “Transport Driver Training” and the School’s telephone number. The licence plate of the trailer indicated that the vehicle belonged to the School and the photographs of the trailer taken by the Designates matched other photographs of the trailer faxed to the Ministry of Training, Colleges and Universities by an informant.

$2,000 per day (doubled due to second contravention)

Penalty of $2,000 per day is upheld. The penalty accumulated from January 22, 2013 to January 31, 2013 (inclusive).

The balance of the evidence indicates that the School was advertising an unregistered private career college and an unapproved vocational program and was aware of the requirements to register and obtain program approval prior to advertising this program. The School was previously found to be in contravention of section 11 of the Act, as described in the Notice of Contravention issued to the School on May 5, 2010.

Original penalty: $20,000
Penalty following review: $20,000
Total $30,000 as of February 10, 2014, and continuing to accumulate at $3,000 a day.