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S.M. 1986-87, c. 36
An Act to amend The Private Trade-Schools Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The long title of The Private Trade-Schools Act, being chapter T130 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following title is substituted therefor:
THE PRIVATE VOCATIONAL SCHOOLS ACT
Section 1 of the Act is repealed.
Definition of minister rep. and sub.
Clause 2(a) of the Act is repealed and the following clause is substituted therefor:
(a) "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act;.
Definition of "private trade-school" am.
Clause 2(c) of the Act is amended
(a) by striking out the first 2 lines thereof and substituting therefor the following lines:
"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";
(b) by striking out the word "trade-school" in sub-clause (iv) thereof and substituting therefor the words "vocational school".
Cls. 2(d) and (e) rep. and sub.
Clauses 2(d) and (e) of the Act are repealed and the following clause is substituted therefor:
(d) "vocation" means any industrial or commercial occupation or calling of a person;.
The Act is further amended by adding thereto immediately after section 2 thereof the following section:
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.
Section 3 of the Act is repealed and the following section is substituted therefor:
Private vocational schools to be registered.
No person shall keep or operate a private vocational school unless the person and the school are registered in accordance with this Act.
Section 4 of the Act is repealed and the following section is substituted therefor:
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.
Section 5 of the Act is amended by striking out the word "trade-school" in the 1st line thereof and substituting therefor the words "vocational school".
Secs. 6, 7, 8 & 9 rep. and sub.
Sections 6, 7, 8 and 9 of the Act are repealed and the following sections are substituted therefor:
Every registration under this Act expires on the 31st day of December in each year.
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.
Where a person applies for registration on 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.
A registration or renewal thereof granted under subsection (1) is not transferable.
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.
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.
Section 10 of the Act is amended
(a) by striking out the word "trade-school" in the 1st and 2nd lines thereof and substituting therefor, in each case, the words "vocational school"; and
(b) by striking out the word "he" in the 5th line thereof and substituting therefor the words "the minister".
Section 11 of the Act is repealed and the following section is substituted therefor:
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
(i) if a corporation, to a fine of not more than $5,000., and
(ii) 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 3 months.
Penalty on directors and officers of corporation.
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 3 months, or to both the fine and imprisonment.
Notwithstanding The Summary Convictions Act, no prosecution shall be commenced for an offence under this Act or the regulations after the expiration of 1 year from the date of the commission of the offence.
Section 12 of the Act is repealed and the following section is substituted therefor:
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.
Section 13 of the Act is amended
(a) by striking out clause (a) thereof and substituting therefor the following clause:
(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) by striking out the word "trade" in the 1st and 2nd lines of clause (b) thereof and in the 2nd line of clause (c) thereof and substituting therefor, in each case, the word "vocation";
(c) by striking out the word "trade-school" wherever it occurs in clauses (d), (e), (f), (g) and (h) thereof and substituting therefor, in each case, the words "vocational school"; and
(d) by striking out clauses (i), (j), (k), (1) and (m) thereof and substituting therefor the following clauses:
(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 13.1, 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.
The Act is further amended by adding thereto immediately after section 13 thereof the following section:
Terms and conditions of exemption.
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.
Section 14 of the Act is amended
(a) by adding thereto immediately after the word "himself in the 1st line thereof, the words "or herself; and
(b) by striking out the word "trade" in the 2nd line thereof and substituting therefor the word "vocation".
Subsection 16(3) of the Act is repealed.
Section 17 of the Act is repealed and the following section is substituted therefor:
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.
This Act comes into force on the day it receives the royal assent.