Particulars of Notice of Contravention

S. 49 (1) Private Career Colleges Act, 2005 ("Act")

Ministry of Colleges and Universities
Advanced Education Learner Supports Division
Office of the Superintendent Private Career CollegesBranch
77 Wellesley Street West,Box 977
Toronto ON M7A 1N3

October 20, 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 1, 2021

Miami Fades Incorporated, o/a Toronto Fade Master Academy
1097 Kingston Road Pickering, ON
L1V 1B5


Description

Private Career Colleges Act, 2005, s. 8 (1) Prohibition against providing vocational programs:

The Superintendent believes that The Business offers and has provided an unapproved vocational program.

The Business offers the provision of a "Fade Master Barber System Plus" program that is within the meaning of vocational program for the purposes of the Act. The offering or providing of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 8 (1) of the Act.

Base penalty of $1,000, doubled per s. 51 (2)  of O. Reg. 415/06.

$2,000 per day


Description

Private Career Colleges Act, 2005, s. 11 (2) Restrictions on advertising and soliciting:

The Superintendent believes that The Business advertises the provision of an unapproved vocational program.

The Business advertises the provision of a "Fade Master Barber System Plus" program through its Instagram accounts and website. The advertising of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 11 (2) of the Act.

Base penalty of $1,000, doubled per s. 51 (2) of O. Reg. 415/06.

$2,000 per day


Description

Private Career Colleges Act, 2005, s. 46 (1) Superintendent's Orders:

The Superintendent believes that The Business has failed to comply with an order of the Superintendent:

On October 15, 2019, the Superintendent ordered The Business to restrain from contravening the Private Career Colleges Act, 2005 sections 8 (1) and 11 (2). As noted above, The Business has contravened sections 8 (1) and 11 (2) of the Act, thereby failing to comply with the Superintendent's Order of October 15, 2019.

Base penalty of $1,000, doubled per s. 51 (2) of O. Reg. 415/06.

$2,000 per day

Total Daily Penalty: $6,000 per day


Daily Penalty

Subsection 51 (3) of Ontario Regulation 415/06 provides that if one or more of the above noted contraventions continues for two or more successive days, the administrative monetary penalty provided in the table above for that contravention will accumulate daily until compliance with the Act and its Regulations is reported.

As of October 20, 2021, Miami Fades Incorporated has not reported compliance with the Act and its Regulations.

Amount of penalty at time of these particulars:

20 days x $6,000 per day = $120,000 total penalty