Particulars of Notice of Contravention and Review Decision
S. 49 (1) Private Career Colleges Act, 2005 ("Act")
Ministry of Training, Colleges and Universities
Advanced Education Learner
Supports Division
Office of the Superintendent
Private Career Colleges Branch
77 Wellesley Street West
Box 977
Toronto, ON, M7A 1N3
May 31, 2018
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 On review, an administrative penalty may be upheld, rescinded or reduced.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: May 20, 2016
ACT Advanced Composites Training
Unit 30, Pacific Court
London, ON N5V 3K4
Description:
Act, S. 11 – Restrictions on advertising and soliciting
On January 25, 2016 and on April 12, 2016, a designate (“Designate”) of the Superintendent viewed the website: http://www.advancedcompositestraining.ca/ belonging to ACT Advanced composites Training. On this website, the Designate noted that the school was advertising the provision of two programs, which, bundled together, amounted to a vocational program defined by the Act.
Original amount: $1,000 per day.
(Totalling $18,000 after 18 days of non-compliance)
Description:
Act, S. 7 – Prohibition against operating a private career college
On January 25, 2016 and on April 12, 2016, communications between the Designate and the school confirmed that an unapproved vocational program was being offered.
Original amount: $1000 per day.
(Totalling $18,000 after 18 days of non-compliance)
Review decision:
The balance of evidence indicates that ACT contravened s. 7 (1) and 11 (2) of the Act.
However, taking into consideration that:
- ACT contravened the above sections of the Act as result of receiving misleading information from its business consultant who was responsible for advising ACT with respect to the PCCA compliance-related matters; and
- When working with a designate of the Superintendent of Private Career Colleges, ACT acted in good faith and demonstrated commitment to becoming compliant with the requirements of the Act.
The penalty is reduced to the amount of financial gain of $2,049.00 USD ($2,700 CAD based on the annual average Bank of Canada exchange rate for 2016) derived from the enrolment of an individual student to a program in question.
Total: $2,700