Particulars of Notice of Contravention

S. 49 (2) Private Career Colleges Act, 2005 (the "Act")

Ministry of Colleges and Universities
Advanced Education Learner Supports Division
Private Career Colleges Branch
77 Wellesley Street West
Box 977
Toronto ON M7A 1N3

November 14, 2019

These particulars are posted following the issuance of an administrative penalty by the Superintendent of Private Career Colleges pursuant to s. 39 (1) of the Act for which a review was not requested.

Original service date: October 15, 2019

Francky Archange o/a
Elegance Barber and Salon, and Barber Clever Toronto
1850 Eglinton Ave. West
Toronto, Ontario M6E 2J4


Description

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

On July 9, 2019, a designate of the Superintendent posed as a prospective student and attended at Francky Archange’s place of business. While on site as a “secret shopper” the designate inquired about a program advertised on the Barber Clever website and associated social media pages that was within the meaning of vocational program for the purposes of the Private Career Colleges Act, 2005. In e-mails following the on-site site visit Francky, who is not registered as a private career college, offered the provision of an unapproved vocational program.

By offering the provision of a vocational program while not registered and the program not approved, Francky Archange, operating as Barber Clever Toronto and Elegance Barber and Salon, contravened subsection 8 (1) of the Act.

Original Amount: $1,000 per day (31 days)


Description

Act, s. 11 (2) Restrictions on advertising and soliciting.

During the time of inquiry, the Barber Clever website and social media pages advertised the provision of a program within the meaning of vocational program for the purposes of the Private Career Colleges Act, 2005. The program, at the time offered, was not approved by the Superintendent and Francky Archange, operating as Barber Clever Toronto and Elegance Barber and Salon was not registered as a private career college.

By advertising the provision of a vocational program while not registered and the program not approved, Francky Archange, operating as Barber Clever Toronto and Elegance Barber and Salon contravened subsection 11 (2) of the Act.

Original Amount: $1,000 per day (31 days)

Total: $62,000
Accruing at a further $2,000 per day