Particulars of Notice of Contravention

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

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

Sean Gibson, Sole proprietor
o/a The Barber Centre
510 Main Street East
Hamilton, Ontario L8N 1K7

Description

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

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

Mr. Gibson advertises the provision of a "Barber Training" program through several Instagram accounts and a website operated for The Barber Centre, his sole proprietorship. 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.

Original Amount: $2,000 per day

Description

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

The Superintendent believes that Mr. Gibson has failed to comply with an order of the Superintendent

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

Original Amount: $1,000 per day

Total Daily Penalty: $5,000 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, Sean Gibson, operating as The Barber Centre has not reported compliance
with the Act and its Regulations.

Amount of penalty at time of these particulars:
20 days x $5,000 per day = $100,000 total penalty