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
February 2, 2022
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 On review, an administrative penalty may be upheld, rescinded or reduced.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: October 30, 2019
Mr. Dwight E. Murray, Director & President
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 offered the provision of a “Ontario Barber Diploma Program” program 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, tripled per s. 51 (2) of O. Reg. 415/06.
Original amount:
$1000 penalty
Third occurrence within three years triples penalty
Contravention continued for 15 days
3 x $1,000/day x 15 days = $45,000
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 advertised the provision of a “Ontario Barber Diploma Program” 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, tripled per s. 51 (2) of O. Reg. 415/06.
Original amount:
$1,000 penalty
Third occurrence within three years triples penalty
Contravention continued for 15 days
3 x $1,000/day x 15 days = $45,000
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 for the first occurrence.
Original amount:
$1,000 per day
$1,000/day x 15 days = $15,000
Total Daily Penalty: $105,000
Daily Penalty
Subsection 51 (3) of Ontario Regulation 415/06 provides that if one or more of the above noted contraventions continued for two or more successive days, the administrative monetary penalty provided in the table above for that contravention would accumulate daily until compliance with the Act and its Regulations is reported.
Review decision:
On November 14, 2019, Miami Fades Incorporated requested a review of the Notice of Contravention and associated administrative monetary penalties.
On February 2, 2022, the following decision was rendered in relation to the Notice of Contravention and associated administrative monetary penalties:
The balance of evidence indicates that:
- Despite the progressive enforcement measures administered by the office of the Superintendent of private career colleges, including the education letter of April 19, 2016, the caution letter of January 30, 2018, and the Notices of Contravention of April 20, 2018 and September 25, 2018, Toronto Fade Master Academy continued:
- contravening s. 8 (1) of the Act by providing an unapproved vocational program for a fee; and
- contravening s. 11 of the Act by advertising the provision of an unapproved vocational program on its website and soliciting enrolment in an unapproved vocational program.
- By continuing to contravene subsection 8 (1) and section 11 of the Act, Toronto Fade Master Academy failed to comply with requirements of the Restraining Orders issued by the Superintendent of private career colleges on April 20, 2018 and September 25, 2018 under s. 46 of the Act.
While Toronto Fade Master Academy did contravene the Act, I find that the prescribed penalty is excessive in the circumstances and have decided to reduce the amount of the penalty from $105,000 to $52,500.
FINAL PENALTY: $52,500