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The Private Vocational Schools Act

REPEALED
Date: January 1, 2003
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C.C.S.M. c. V70

THE PRIVATE VOCATIONAL SCHOOLS ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"person" includes any partnership, unincorporated association or body, and the heirs, executors, administrators or other legal representatives, of a person; (« personne »)

"private vocational school" means any establishment kept or operated by any person that provides a course of instruction whether by classroom instruction in theory or practice, or on-site training, or by correspondence, or by any combination thereof, intended for use in any industrial or commercial occupation, calling or vocation, but does not include any such establishment kept or operated by:

(a) The University of Manitoba, The University of Winnipeg or Brandon University, or

(b) a department of the Government of Canada or of any province, or

(c) the board of trustees of a school district or school division established under The Public Schools Act, or

(d) a private vocational school organized or operated solely for the employees of a corporation, industry, or plant; (« école professionnelle privée »)

"vocation" means any industrial or commercial occupation or calling of a person. (« profession »)

S.M. 1998, c. 51, s. 12.

Purpose of Act

2           The purpose of this Act is to ensure that the training provided by private vocational schools is of a high quality providing an individual with the skills and knowledge required to obtain gainful employment.

Private vocational schools to be registered

3           No person shall keep or operate a private vocational school unless the person and the school are registered in accordance with this Act.

Holding out prohibited

4           No person shall

(a) hold himself or herself out as an agent, salesperson or representative of a private vocational school; or

(b) canvass, receive, take or solicit, contracts for the sale of any course of study in a private vocational school;

unless the person and the private vocational school are registered in accordance with this Act.

Application for registration of vocational school

5           Every person carrying on or intending to carry on the business of a vocational school shall make an application for registration in writing to the minister in the form and setting out such information as may be prescribed in the regulations.

Expiration of registration

6(1)        Every registration under this Act expires on December 31 in each year.

Renewal of registration

6(2)        A person whose registration has expired may apply to the minister for a renewal thereof in such form and setting out such information as may be required by the regulations.

Issuance of certificate of registration or renewal

7(1)        Where a person applies for registration or a renewal of registration, complies with the requirements of this Act and the regulations and satisfies the minister

(a) that the vocational school is staffed with competent instructors and sufficient equipment for the teaching of a specified vocation; and

(b) that proper instruction is being provided or will be provided in a specified vocation at reasonable rates;

the minister may register or cause the person to be registered as the operator of a private vocational school and may issue to that person a certificate of registration or renewal of registration, as the case may require.

Registration not transferable

7(2)        A registration or renewal thereof granted under subsection (1) is not transferable.

S.M. 1990-91, c. 12, s. 19.

Approval of contract forms

8           The operator of a private vocational school shall not enter into a contract for providing instruction in a vocation unless the contract has been filed with, and approved by, the minister.

Inspection of school, books and records

9           The minister, or any person authorized by the minister in writing, may inspect any vocational school at any time during the normal hours of the school's operation

(a) to observe the method of instruction being given at the vocational school; and

(b) to inspect the business books and records of the vocational school, and all circulars, pamphlets and other material used by the operator of the vocational school for advertising the school and the courses of study provided at the school.

Cancellation of registration

10          Where, as the result of an inspection of a vocational school, or upon being otherwise credibly informed, the minister is satisfied that a vocational school in respect of which registration has been made under this Act, is insufficiently provided with the means of instruction, or that the charges made for the instruction given are unreasonable, or that any regulation under this Act is not observed therein, the Minister may cancel the registration; and thereupon the registration and the certificate thereof are void.

Offences and penalties

11(1)       Every person who

(a) keeps or operates a vocational school at any time when he is not registered under this Act as the keeper or operator of that vocational school; or

(b) keeps or operates a vocational school for the purpose of giving instruction in a vocation not specified in his certificate of registration; or

(c) enters into a contract for the furnishing of instruction other than in a form of contract filed with and approved by the minister; or

(d) whether acting as the owner or operator of the vocational school or as an agent or representative thereof or otherwise, sells, or offers to sell, instruction or a course of instruction in any vocation, unless the instruction or course of instruction is a course of instruction specified in the certificate of registration of the vocational school registered under this Act; or

(e) holds himself or herself out as an agent, salesperson, or representative of a vocational school or canvasses, receives, takes, or solicits contracts for the purchase or sale of any course of study of a vocational school when the person and the vocational school are not registered under this Act; or

(f) collects a deposit or any sum of money from any person by holding himself or herself out as agent, salesperson, or representative of a vocational school, when the person and the vocational school are not registered under this Act; or

(g) knowingly furnishes false information in any application under the Act, or in any statement or return required to be furnished under this Act or the regulations; or

(h) obstructs the minister or a person authorized by the minister in carrying out an inspection or making any observation under section 9;

(i) contravenes any other provision of this Act or any provision of a regulation made under this Act;

is guilty of an offence and is liable on summary conviction, in addition to any other penalty if a corporation, to a fine of not more than $5,000., and if a natural person, to a fine of not more than $250. and in default of payment thereof to imprisonment for a term of not more than three months.

Penalty on directors and officers of corporation

11(2)       Where a person convicted of an offence under subsection (1) is a corporation, every director or officer of the corporation who acquiesced in, directed, ordered or authorized the commission of the offence, is guilty of an offence and on summary conviction, is liable to a fine of not more than $500. or to imprisonment for a term of not more than three months, or to both.

Limitation period

11(3)       Notwithstanding The Summary Convictions Act, no prosecution shall be commenced for an offence under this Act or the regulations after the expiration of one year from the date of the commission of the offence.

Limitation on actions

12          A person who is not registered as the keeper or operator of a vocational school as required under this Act, shall not commence an action in any court in Manitoba against any person in Manitoba, with respect to any contract made between the keeper or operator and the person, relating to the business of operating a vocational school by the keeper or operator thereof.

Regulations

13          The Lieutenant Governor in Council may make regulations,

(a) prescribing the amount and type of security and the terms and conditions thereof, to be provided by the keeper or operator of a private vocational school or any sales person or representative of the school, to ensure the proper performance of any contract by the keeper or operator arising out of or relating to the operation of the private vocational school;

(b) prescribing the minimum number of hours of instruction in any vocation that constitutes a course of instruction in that vocation;

(c) prescribing the maximum fees that shall be paid for a course of instruction in any vocation;

(d) prescribing the terms and conditions upon which money paid for, or on account of, instruction in any vocational school shall be either retained by the payee or be repayable to the payer;

(e) prohibiting the use within the province of any advertising relating to any vocational school that may tend to mislead, and requiring the discontinuance of any specified advertisement or means of advertisement by the keeper or operator of any vocational school;

(f) prescribing the amount that may be asked or received from, or charged to, the public for any article produced entirely or in part in any vocational school, or for the material used by, or for the services of, any employee or student of the vocational school;

(g) limiting the amount of articles, goods, or commodities, produced in any vocational school so that it may not compete unfairly with the production of similar articles, goods, or commodities, in any factory or shop;

(h) fixing the times during which the public may obtain service in any vocational school;

(i) designating any industrial or commercial occupation or calling as a vocation within the meaning of this Act or the regulations;

(j) respecting the registration of agents, salespersons or representatives, and private vocational schools under this Act;

(k) respecting the duration, renewal or cancellation of registration of a private vocational school;

(l) prescribing the examinations that a student of a private vocational school must pass before a certificate, diploma or other document is issued to the student by the keeper or operator of the school;

(m) prescribing forms for use under the Act and the regulations;

(n) prescribing the various fees payable under the Act or the regulations;

(o) establishing a program review committee and prescribing its powers and duties;

(p) subject to section 14, exempting any vocation or private vocational school or any class of private vocational schools from part or all of this Act or the regulations;

(q) respecting the conduct, operation and management of any private vocational school, the type and designation of lessons or units of instruction, and the conduct of examinations for certificates of competency;

(r) providing for the adoption by reference, in whole or in part, or with such changes as the Lieutenant Governor in Council considers necessary, of any regulation, curriculum or other publication and requiring compliance therewith;

(s) respecting the qualifications of persons employed in, or by the owner or operator of, a private vocational school.

S.M. 1988-89, c. 11, s. 24.

Terms and conditions of exemption

14          The Lieutenant Governor in Council shall make or grant an exemption under clause 13(p) subject to terms and conditions and only where the Lieutenant Governor in Council is satisfied

(a) that compliance with this Act or any provision thereof would cause undue hardship or would not advance the purposes of this Act; and

(b) that the exemption would not be contrary to the public interest.

Use of unauthorized certificate or diploma

15          No person shall advertise or hold himself or herself out as possessing any certificate, diploma, or other document, as to his competency in any vocation, or use any designation indicating or intended to indicate such competency, whether the designation is by name or initials, or both, unless the designation has been authorized by this Act or some other Act of the Legislature, or unless the designation has been approved by the minister.

General penalty

16          Any person who violates any provision of this Act or any regulation made hereunder is guilty of an offence and, if no other penalty for the violation is provided for herein, is liable on summary conviction in addition to any other liability to a fine of not more than $500.

Provisions are additional

17(1)       The provisions and requirements of this Act and the regulations are in addition to all provisions and requirements made by or under any other general or special Act of the Legislature; and no examination held, or certificate or other document granted, by virtue of this Act or the regulations shall in any way be deemed to be a compliance with the provisions or requirements made by or under any other general or special Act respecting examinations to be held or certificates or documents to be granted thereunder.

Supremacy of Act in case of conflict

17(2)       Subject to subsection (1), where conflict arises between this Act and the regulations, and any other general or special Act of the Legislature, this Act and the regulations govern.

Non-application of Act

18          This Act does not apply to any person or group of persons who practise their vocation, occupation or profession under a separate Act of the Legislature.