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
March 5, 2021
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
Sean Gibson, Sole Proprietor
o/a The Barber Centre
510 Main St. East,
Hamilton, Ontario L8N 1K7
and
Sean Gibson, Director
The Ontario Barber Association
510 Main St. East,
Hamilton, Ontario L8N 1K7
Description
Act, s. 8 (1) Prohibition against providing vocational programs.
On May 14, 2019, a designate of the Superintendent posed as a prospective student and contacted Sean Gibson through a website for the Barber Centre. The designate inquired about a “private barbering program” advertised on the Barber Centre website and associated social media pages. The program appeared within the meaning of vocational program for the purposes of the Private Career Colleges Act, 2005. In e-mails following the inquiry Sean Gibson, 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, Sean Gibson and the Ontario Barber Association, contravened subsection 8 (1) of the Act.
Original Amount
$1,000 per day (125 days before total penalty reached maximum per s. 51 (6) of O. Reg. 415/06)
Act, s. 11 (2) Restrictions on advertising and soliciting.
During the time of inquiry, the Barber Centre website operated by Sean Gibson and social media pages operated by Sean Gibson 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 neither Sean Gibson or the Ontario Barber Association were registered as a private career college.
By advertising the provision of a vocational program while not registered and the program not approved, Sean Gibson and the Ontario Barber Association, contravened subsection 11 (2) of the Act.
Original Amount
$1,000 per day (125 days before total penalty reached maximum per s. 51 (6) of O. Reg. 415/06)
Total
$250,000 (maximum per s. 51 (6) of O. Reg. 415/06)