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The Private Vocational Institutions Act

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S.M. 2019, c. 10

Bill 13, 4th Session, 41st Legislature

The Private Vocational Institutions Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act replaces The Private Vocational Institutions Act, introduced in 2002.

The responsibilities of those persons who own and control private vocational institutions (referred to as "registrants"), and of the institutions themselves, are clarified.

A program of instruction offered by a private vocational institution is subject to the Act if the fees charged and the program length meet the criteria set by regulation.

The director of private vocational institutions is continued. The director's compliance and enforcement powers are expanded to include the ability to impose terms and conditions on registrations and program approvals, issue compliance orders and impose administrative penalties.

Appeals from decisions of the director are now heard by an appeal board formed for the purpose of each appeal. The penalty provisions are also modernized.

Measures designed to protect students, such as the Training Completion Fund and the requirement for sexual violence policies, are continued.

(Assented to June 3, 2019)

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"director" means the director of private vocational institutions appointed under section 17. (« directeur »)

"former Act" means The Private Vocational Institutions Act, S.M. 2002, c. 23. (« loi antérieure »)

"fund" means the Training Completion Fund continued under section 10. (« Fonds »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"person" means an individual, association, partnership, corporation or unincorporated organization. (« personne »)

"prescribed" means prescribed by a regulation.

"private vocational institution" means, subject to section 2, an institution, school, agency or other entity located in Manitoba that provides a program of instruction to students in Manitoba

(a) by classroom instruction; or

(b) through correspondence or other means, including the Internet, that do not require a student's physical attendance at a particular premises. (« établissement d'enseignement professionnel privé »)

"program of instruction" means a course or series of courses of instruction and training in the skill and knowledge required for employment in a vocation

(a) for which the total amount of fees, including application, administrative, tuition and other fees, charged to a student exceeds the prescribed amount; or

(b) that consists of at least the prescribed minimum number of hours of instruction and training. (« programme d'enseignement »)

"registrant" means a person registered under this Act to operate a private vocational institution. (« exploitant inscrit »)

"sexual violence" means any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. (« violence à caractère sexuel »)

"student" means an individual who has been accepted for enrolment in a program of instruction provided by a private vocational institution. (« élève »)

"vocation" means a prescribed vocation. (« métier »)

Reference to "Act" includes regulations

1(2)        A reference to "this Act" includes the regulations made under this Act.

Non-application of this Act

2           This Act does not apply to the following:

(a) a university or college, as defined in The Advanced Education Administration Act;

(b) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;

(c) a public school or private school, as defined in The Education Administration Act;

(d) an institution, school, agency or other entity or any class of them exempted by the regulations.

PART 2

REGISTRATION AND PROGRAM APPROVALS

REGISTRATION

Registration required

3(1)        A person must not operate, or hold themselves out as operating, a private vocational institution unless the person is registered.

Applications for registration or renewals of registration

3(2)        A person applying to be registered to operate a private vocational institution or to renew their registration must

(a) apply to the director in the form and manner approved by the director; and

(b) provide the information or records requested by the director.

Approval of registration

4(1)        The director may approve an applicant's registration or the renewal of their registration if the director is reasonably satisfied that

(a) the applicant will operate their private vocational institution in compliance with this Act;

(b) each program of instruction provided or to be provided by the institution meets or is likely to meet the requirements of this Act;

(c) the premises used or to be used to provide each program are suitable for the purpose;

(d) having regard to the applicant's financial position, the applicant will be financially responsible in operating their institution;

(e) the past conduct of the applicant, or if the applicant is a corporation, its officers or directors, does not give reasonable grounds to believe that the institution will not be operated in accordance with the law and with honesty and integrity; and

(f) the applicant has paid the prescribed fee and provided the requested information and the prescribed security.

Director may inspect premises

4(2)        As part of the registration process, the director may inspect the premises used or to be used to provide a program of instruction.

Terms and conditions on registration

4(3)        A registration is subject to the prescribed terms and conditions and any other terms and conditions that are imposed by the director at the time the registration is issued or at any time after that.

Compliance with terms and conditions

4(4)        A registrant must comply with the terms and conditions on the registrant's registration.

Certificate of registration

5(1)        The director must issue a certificate of registration to a registrant upon registering them to operate a private vocational institution or renewing such a registration.

Registration period

5(2)        Subject to the payment of the prescribed fee, a registration or the renewal of a registration is valid for a period of three years from the date it is issued or for a shorter period as specified by the director in the certificate of registration.

Continuance pending renewal

5(3)        Subject to section 31, a registration is deemed to continue if, before it expires, the registrant applies to renew it and pays the prescribed fee.

Registration not transferable

6           A registration is not transferable.

Duties of registrant

7(1)        A registrant must operate their private vocational institution in accordance with this Act.

Registrant must comply with obligations

7(2)        The registrant is responsible for complying with the obligations imposed on their institution under this Act.

PROGRAMS OF INSTRUCTION

Programs must be approved

8(1)        A private vocational institution must not provide a program of instruction unless the program is approved by the director.

Application for program approval

8(2)        To obtain the approval of a program, an institution must

(a) apply to the director at the time and in the form and manner approved by the director;

(b) provide the information or records requested by the director; and

(c) pay the prescribed fee.

Approval of programs of instruction

8(3)        The director may approve a program if the director is reasonably satisfied that

(a) the program provides the skill and knowledge required for employment in an applicable vocation or vocations;

(b) if there are recognized training standards related to employment in an applicable vocation, the program meets the requirements of those standards;

(c) there is reasonable demand for graduates of the program in the labour market in which the graduates are expected to participate;

(d) the premises to be used to provide the program are suitable for the purpose;

(e) the equipment, facilities, teaching materials and other aspects of the program learning environment are adequate and appropriate; and

(f) those engaged to provide instruction and training in the program have appropriate qualifications.

Assessment of proposed programs

8(4)        When assessing an application made under this section, the director may require that the institution have employers or industrial associations who have been approved by the director assess the institution's proposed program and give the results of the assessment to the director.

Terms and conditions on approval

8(5)        The approval of a program of instruction is subject to the prescribed terms and conditions and any other terms and conditions that are imposed by the director at the time the approval is issued or at any time after that.

Program measures and objectives

8(6)        For certainty, in imposing terms and conditions on a program's approval, the director may establish performance measures for the program and standards and performance objectives that the program must meet.

Compliance with terms and conditions

8(7)        An institution must comply with any term or condition imposed on the approval of a program.

Changes to approved programs

9           A private vocational institution must not make a substantial change to an approved program of instruction without the further approval of the director, and sections 8 and 31 apply with necessary changes to the approval of a substantial change.

PART 3

STUDENT PROTECTIONS

TRAINING COMPLETION FUND

Training Completion Fund continued

10(1)       The Training Completion Fund established under the former Act is continued.

Control and supervision of fund

10(2)       The fund is under the control and supervision of the minister, and is to be deposited with the Minister of Finance and held in trust in a separate account in the Consolidated Fund.

Contributions to the fund

10(3)       The fund is to consist of

(a) amounts that private vocational institutions pay under subsection (4);

(b) any proceeds of securities that are forfeited by registrants; and

(c) income earned on investments of the fund.

Payments by private vocational institutions

10(4)       An institution must pay the amount prescribed for the purposes of the fund to the Minister of Finance in the prescribed time and manner.

Use of fund

11(1)       The fund may be used only

(a) to refund tuition fees or to pay for students to complete their program of instruction if

(i) the private vocational institution in which the students are enrolled, or the registrant who operates it, becomes insolvent,

(ii) the registrant's registration is cancelled or not renewed, or

(iii) the students are unable to complete their program of instruction because of the cancellation of the program; and

(b) to pay for administering and auditing the fund.

Payments from fund

11(2)       Amounts to be paid out of the fund are subject to the regulations and are to be paid by the Minister of Finance on requisition of the minister.

Insufficient amount in fund

11(3)       The minister must not requisition amounts in excess of the balance available in the fund, and if the balance is insufficient to fully pay the amount necessary, the balance is to be paid to or on behalf of students on a pro rata basis.

Investment of excess money

11(4)       If the balance in the fund is more than the amount that is required for immediate purposes, the Minister of Finance may invest the excess.

Annual report on fund

12(1)       The minister must annually prepare and publish a report that includes a financial statement for the fund for the preceding year. The report may be combined with the annual report of the minister's department.

Audit of fund

12(2)       The fund is subject to audit by the Auditor General.

SEXUAL VIOLENCE POLICIES

Sexual violence policy

13(1)       In accordance with this section, a private vocational institution must adopt and implement a policy that

(a) raises awareness of sexual violence, including sexual violence through the use of social media or other forms of digital communications;

(b) addresses issues related to consent in respect to persons engaging in sexual activities;

(c) includes provisions respecting the prevention and reporting of incidents of sexual violence;

(d) addresses training on the issues of sexual violence; and

(e) establishes complaint procedures and response protocols for incidents of sexual violence.

Development and content of policy

13(2)       In respect of an institution's sexual violence policy, the institution must ensure that

(a) the policy is

(i) developed in consultation with the students,

(ii) culturally sensitive and reflects the perspectives of those most vulnerable to sexual violence, and

(iii) easily accessible to students and others in the institution's educational community;

(b) students and others in the institution's educational community are informed of the services and procedures that are in place under the policy to prevent and respond to sexual violence;

(c) the institution's activities under the policy and the results of those activities are reported to the public; and

(d) the policy and the institution's activities related to the policy comply with the regulations made under clause 42(1)(r).

Four-year review

13(3)        Within four years after an institution first adopts its sexual violence policy, and within each subsequent four-year period after that, the institution must undertake a comprehensive review of the policy that includes consultations with students.

OTHER PROTECTIONS

Information to students and prospective students

14          A private vocational institution must ensure that the prescribed information about its programs of instruction, its fees, including application, administrative, tuition and other fees charged to students, and its tuition refund policy is made available to students and prospective students in the prescribed manner.

False advertising

15          A private vocational institution must not engage in advertising, or make a representation, that is false, deceptive or misleading.

Initial 7-day period for student to rescind contract

16(1)       A student who enters into a contract with a private vocational institution in respect of a program of instruction may rescind the contract by giving written notice to the institution within seven days after entering into the contract.

Address for notice

16(2)       A notice under subsection (1) must be given to the institution at the address shown in the contract.

Method of giving notice

16(3)       A student may give notice of rescinding a contract to an institution by personal delivery or by registered mail, fax, e-mail or any other method by which the student can obtain confirmation of delivery of the notice.

Effective date of cancellation

16(4)       A notice rescinding a contract that is given otherwise than by personal delivery is deemed to be given when sent.

Effect of rescission

16(5)       If a student rescinds a contract under this section,

(a) every obligation of the student under the contract is extinguished; and

(b) as soon as practicable after the contract is rescinded,

(i) the student must return to the institution any goods received under the contract, and

(ii) the institution must, in the prescribed manner, return any money received or realized in respect of the rescinded contract.

Application

16(6)       For certainty, this section applies before or after a student begins a program of instruction.

PART 4

ADMINISTRATION AND ENFORCEMENT

DIRECTOR

Appointment of director

17(1)       The minister must appoint a person as the director of private vocational institutions to administer this Act.

Director may delegate

17(2)       The director may delegate to any person, in writing, any of the powers, duties or functions of the director under this Act, other than the power to review an inspector's order under section 27 or to issue an administrative penalty under section 28.

Limitations

17(3)       A delegation is subject to the limitations and conditions set out in the delegation.

Director retains powers and duties

17(4)       The director may continue to exercise a power or perform a duty or function that the director has delegated.

Public registry

18          The director must maintain a public registry containing the prescribed information respecting registrants, private vocational institutions and the programs of instruction provided by private vocational institutions.

Forms

19          The director may approve forms for use in the administration of this Act and may require them to be used.

Director may require records

20(1)       The director may require a registrant or a private vocational institution to provide records or copies of records that they are required to make and maintain under this Act for the purpose of

(a) determining compliance with this Act;

(b) verifying the accuracy or completeness of a record, report or other information that the registrant or institution is required to make public or provide to the director; or

(c) performing any other duty or function that the director considers necessary or advisable in the administration or enforcement of this Act.

Duty to provide records

20(2)       A registrant or institution required to provide records or copies of records under subsection (1) must do so in a form and manner satisfactory to the director.

EVALUATIONS OF PROGRAMS

Evaluation of programs

21(1)       The director may evaluate a program of instruction provided by a private vocational institution to determine if the program, and the manner in which it is provided, continues to meet the requirements of subsection 8(3).

Evaluations

21(2)       In carrying out an evaluation, the director may

(a) exercise any of the powers of an inspector under section 23;

(b) observe the manner in which instruction and training are being provided to students;

(c) conduct interviews or surveys of students, prospective students, instructors and other staff on the institution's premises, or require the institution to provide the names and contact information of students, instructors and staff, both current and former, for the purpose of conducting off-site interviews or surveys;

(d) require the institution to have employers or industry associations who have been approved by the director to evaluate the program and give the results of those evaluations to the director; and

(e) take any other steps the director considers necessary to evaluate the program.

Evaluations to be public

21(3)       Subject to the regulations, the director must make the results of an evaluation available to the public.

INSPECTORS AND INSPECTIONS

Appointment of inspectors

22(1)       The minister may appoint any person as an inspector for the purpose of administering and enforcing this Act, subject to any terms or conditions the minister considers necessary.

Designating inspectors

22(2)       The minister may, on any terms or conditions as the minister may specify, designate a person or class of persons employed by the government as inspectors for the purpose of administering and enforcing this Act.

Identification

22(3)       An inspector carrying out an inspection under this Act must show their identification if requested to do so.

Inspections

23(1)       For the purpose of determining if this Act is being complied with, an inspector may

(a) enter and inspect any premises, other than a private dwelling, the inspector reasonably believes to be used by

(i) a registrant to operate a private vocational institution,

(ii) an institution to provide a program of instruction, or

(iii) a person to keep or maintain records or things relating to the administration and enforcement of this Act;

(b) inspect equipment, facilities, teaching materials and other aspects of the learning environment of an institution;

(c) take photographs or other images of a premises, or of any thing located at or in it;

(d) require any record or other thing to be produced for examination, auditing or copying; and

(e) on providing a receipt, remove a record or thing relevant to the inspection.

Assistance

23(2)       An inspector may be accompanied by one or more persons who may assist the inspector in carrying out the inspection.

Authority to enter private dwelling

23(3)       An inspector may not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant.

Warrant to enter and inspect private dwelling

23(4)       On application by an inspector, a justice may, at any time, issue a warrant authorizing the inspector and any other person named in the warrant to enter and inspect a private dwelling if the justice is satisfied that there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) entry to the dwelling has been refused or will be refused.

Application without notice

23(5)       A warrant under this section may be issued upon application without notice.

Interpretation: "registrant"

23(6)       In this section, "registrant" includes a person whose registration has been suspended or cancelled.

Assistance to be given

24(1)       The owner or person in charge of the premises being inspected or having custody or control of the relevant records or things must

(a) produce or make available to the inspector conducting an inspection any records and things that the inspector requires for the inspection;

(b) provide any assistance or additional information, including personal information, that the inspector reasonably requires to perform the inspection; and

(c) answer any questions related to the purpose of the inspection that are asked of them by the inspector.

Electronic records

24(2)       In order to inspect records that may be accessed electronically at the place being inspected, the inspector may require the person in charge of the premises or the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

Inspector may make copies

24(3)       An inspector may use equipment at the place being inspected to make copies of relevant records and may remove the copies from the place of inspection for further examination.

Admissibility of copies

24(4)       A copy of a record made under subsection (3) and certified to be a true copy by the inspector is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.

Obstruction prohibited

25          A person must not

(a) obstruct an inspector;

(b) withhold or conceal from an inspector any record or thing relevant to an inspection; or

(c) destroy any record or thing relevant to an inspection.

ORDERS

Order to remedy contravention

26(1)       An inspector may issue an order under this section if the inspector has reasonable grounds to believe that a person has contravened or failed to comply with this Act.

Requirements of order

26(2)       An order must be in writing and must

(a) name the person to whom it is directed;

(b) state the reason for the order;

(c) inform the person what must be done to comply with the order;

(d) specify the time period within which the person must comply with the order;

(e) inform the person that they may be required to pay an administrative penalty if they fail to comply with the order;

(f) inform the person that they may, in writing, request a review by the director under section 27;

(g) state the address for filing such a request for a review;

(h) be dated the day the order is made; and

(i) be given to or served on the person.

Duty to comply

26(3)       A person to whom an order is directed must comply with it within the specified time period, unless the person requests the director to review the order under section 27.

Requesting review by director

27(1)       A person named in an order made under section 26 may request the director to review the order. The request must be made in writing and must include the person's name and address and the reasons for requesting the review.

Time limit for requesting review

27(2)       If a request for review is not received by the director within 14 days after the order is given or served, the order is final.

No hearing required

27(3)       The director is not required to hold a hearing when a request for review is made, but the director must give the person requesting the review the opportunity to make written submissions.

Stay pending review

27(4)       A request for review operates as a stay of the order pending the outcome of the review.

Administrative penalty

28(1)       The director may issue a notice in writing requiring a person to pay an administrative penalty if

(a) the director is of the opinion that the person failed to comply with an order made under section 26 within the time period specified in the order;

(b) the order stated that an administrative penalty may be imposed if the person failed to comply with the order; and

(c) the director is of the opinion that requiring the person to pay an administrative penalty is in the public interest.

Amount of penalty

28(2)       An administrative penalty may not exceed the amount determined in accordance with the regulations.

When penalty may be imposed

28(3)       A notice of administrative penalty may be issued

(a) in the case of an order that is subject to review under section 27, only after the period for requesting a review expires; or

(b) in the case of an order that is subject to appeal under section 32, only after

(i) the period for appealing the order expires, or

(ii) if an appeal is filed, a final determination of the appeal is made.

Notice

28(4)       A notice of administrative penalty must set out

(a) the name of the person required to pay the penalty;

(b) a description of the order that the person failed to comply with;

(c) the amount of the penalty, determined in accordance with the regulations;

(d) when and how the penalty must be paid; and

(e) a description of the person's right to appeal the penalty under section 32.

Serving the notice

28(5)       A notice of administrative penalty must be given or served on the person required to pay the penalty.

Payment

29(1)       A person required to pay an administrative penalty must pay the amount of the penalty within 30 days

(a) after the notice is given to or served on the person; or

(b) if the penalty is appealed under section 32, after the appeal is decided, if the penalty is upheld on appeal.

Disposition of penalty amounts

29(2)       Amounts received or collected by the director in respect of administrative penalties are to be transferred to the Consolidated Fund as directed by the Minister of Finance.

Debt due to government

29(3)       The amount of the penalty is a debt due to the government if it is not paid within the time required under subsection (1).

Certificate registered in court

29(4)       The director may certify a debt referred to in subsection (3), or any part of such a debt that has not been paid. The certificate may be registered in the Court of Queen's Bench and may be enforced as if it were a judgment of the court.

No offence to be charged if penalty is paid

29(5)       A person who pays an administrative penalty under this section for failing to comply with an order may not be charged with an offence respecting that failure, unless the failure continues after the penalty is paid.

Public disclosure of orders and administrative penalties

30          The director may issue public reports disclosing details of orders and administrative penalties made under this Act. This disclosure may include personal information.

Decisions of Director

Decisions of director

31(1)       In administering this Act, the director may decide to

(a) impose, vary or rescind, on the director's own initiative — or, on request of a registrant, to refuse to impose, vary or rescind — a term or condition on

(i) a registration, or

(ii) the approval of a program of instruction;

(b) refuse to issue or renew a registration or to suspend or cancel a registration, if the director is reasonably satisfied that

(i) the requirements of subsection 4(1) are not or are no longer met,

(ii) the registrant is in breach of a term or condition of the registration, or

(iii) the registrant has failed to comply with a provision of this Act;

(c) refuse to approve a proposed program of instruction, or to suspend or cancel such an approval, if the director is reasonably satisfied that,

(i) the program does not meet, or no longer meets, the requirements of subsection 8(3),

(ii) the program is in breach of a term or condition or has failed to meet a standard or performance objective that it is required to meet, or

(iii) in the case of a program approved previously, no student has been enrolled in the program in the 24 months preceding the director's decision; or

(d) under section 27, confirm an order or rescind or vary an order in any manner the director considers appropriate.

Notice of decision

31(2)       The director must give an applicant, registrant or person who is subject to a decision

(a) a copy of the decision, with written reasons; and

(b) a notice that the person may appeal the decision in accordance with section 32.

Decision to suspend or cancel

31(3)       A decision to suspend or cancel a registrant's registration or the approval of a program of instruction

(a) is subject to the prescribed terms and conditions, and any other terms and conditions specified by the director and set out in the notice given under subsection (2); and

(b) takes effect 14 days after being given to the registrant, unless the notice states it takes effect later.

Decisions with immediate effect

31(4)       Despite any other provision of this Act, the director may decide to immediately suspend a registrant's registration or the approval of a program of instruction if the director is of the opinion that it is necessary to do so for the immediate protection of students or prospective students, and such a decision takes effect immediately upon being given to the registrant or private vocational institution.

APPEALS

Decisions and orders that may be appealed

32(1)       A person who is given a notice of an administrative penalty under section 28 or a notice of a decision under section 31 may appeal the decision to the appeal board.

Decisions that are not subject to appeal

32(2)       Despite subsection (1), no appeal lies from

(a) a refusal to register an applicant who has failed to pay a prescribed fee, provide required information or post the prescribed security; or

(b) a decision to suspend or cancel, or to refuse to renew, the registration of an applicant who has failed to pay an administrative penalty by the date specified in subsection 29(1).

Grounds for appealing

32(3)       An appeal may be made on the following grounds:

(a) in the case of a decision to impose an administrative penalty under section 28, that

(i) the amount of the penalty was not determined in accordance with the regulations, or

(ii) the penalty is not justified in the public interest;

(b) in the case of the director's decision under

(i) clauses 31(1)(a) to (c), that the decision was unreasonable, or

(ii) clause 31(1)(d), that the finding of non-compliance with this Act was incorrect.

How to appeal

32(4)       An appeal must be made by filing a notice of appeal with the minister within 14 days after being given a copy of the director's decision. As soon as practicable after filing the notice, the person appealing must serve a copy of it on the director.

Director is party to appeal

32(5)       The director is a party to the appeal.

Appeal stays order

32(6)       If appealed, the following decisions are stayed pending the outcome of the appeal:

(a) a decision to suspend or cancel the registration of a registrant;

(b) a decision to impose a term or condition on a registration or a program of instruction, or to vary or rescind such a term or condition;

(c) a decision to suspend or cancel the approval of a program of instruction;

(d) a decision on the review of an order.

Minister to appoint appeal board

33(1)       Within 30 days after a notice of appeal is filed under subsection 32(4), the minister must appoint an appeal board and give it a copy of the notice.

Composition of appeal board

33(2)       An appeal board must consist of at least three but not more than five members, and the minister must designate one of the members of the board as its chair.

Remuneration and expenses

33(3)       The minister may determine the amount of any remuneration and reimbursement for expenses that may be paid to members of the appeal board.

Notice of hearing date

33(4)       On receiving a notice of appeal, the appeal board must

(a) fix a date, time and place for hearing the appeal; and

(b) give written notice of the hearing to the appellant and the director at least five days before the hearing date.

Right to be heard

33(5)       At the hearing, the appeal board must give the parties an opportunity to be heard, to present evidence and to make presentations.

Decision of appeal board

33(6)       An appeal board may, by order,

(a) confirm, vary or rescind the director's decision; or

(b) refer the matter back to the director for further consideration in accordance with the appeal board's direction.

Notice of appeal board decision

33(7)       The appeal board must notify the appellant and the director in writing of its decision.

Decision is final

33(8)       The decision of the appeal board is final.

PART 5

GENERAL

REPORTING

Annual public reporting

34(1)       A private vocational institution must, in accordance with the regulations, publish an annual performance report that includes the prescribed information.

Annual reporting to the director

34(2)       An institution must provide, at the time and in the form and manner that the director requires,

(a) an annual report containing

(i) audited financial statements for the institution for its preceding fiscal year, and

(ii) information respecting any performance measures that apply to the institution's programs of instruction; and

(b) any other information respecting the institution or its registrant that the director requests.

Prior notice of change in location

35(1)       A private vocational institution must not change the premises used to provide a program of instruction without giving prior written notice to the director.

Notice of material changes

35(2)       An institution must, within five days after the event, notify the director in writing of

(a) any change in its address for service;

(b) in the case of the institution or its registrant being

(i) a corporation, any change in the officers or directors or in the shareholders holding more than 10% of the voting shares of the corporation, or

(ii) a partnership, any change of the members in the partnership; or

(c) the occurrence of any other prescribed event.

Service

36(1)       A notice, order or other document under this Act is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by registered mail, fax, e-mail or any other method by which the sender can obtain confirmation of delivery to the intended recipient.

Deemed receipt

36(2)       Except as provided in section 16, a notice, order or other document sent by registered mail or other service that provides confirmation of delivery is deemed to be given or served five days after the day it was sent.

No actions by unregistered institutions

37(1)       No person who owns or operates a private vocational institution and who is not a registrant, and no private vocational institution that is operated by a person other than a registrant, is capable of maintaining a proceeding in a court in Manitoba in respect of a contract made in whole or in part within Manitoba, or against a person resident in Manitoba, in the course of, or in connection with, the conduct or operation of the private vocational institution.

Interpretation: contract

37(2)        For the purposes of subsection (1), "contract" means a contract entered into by or on behalf of a person receiving instruction or training.

Protection from legal action

38          No action or proceeding may be brought against the minister, the director, an inspector, a member of an appeal board or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

PART 6

OFFENCES AND PENALTIES

Offences

39(1)       A person who does any of the following is guilty of an offence:

(a) contravenes a provision of this Act;

(b) contravenes a provision of the regulations, the contravention of which is stated in the regulations to be an offence;

(c) fails to comply with an order issued under this Act;

(d) gives false information in an application made under this Act.

Continuing offence

39(2)       When a contravention of this Act or a failure to comply continues for more than one day, the person is guilty of a separate offence for each day the offence continues.

Liability of corporate officers and directors

39(3)       If a corporation is guilty of an offence under this Act, an officer or director of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Time limit for prosecution

39(4)       A prosecution for an offence under this Act may not be commenced later than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of the director. The certificate of the director as to the day on which the evidence came to their knowledge is evidence of that date.

Penalties

40(1)       A person who is guilty of an offence under this Act is liable on conviction,

(a) in the case of an individual, to a fine of not more than $10,000 or imprisonment for a term not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $100,000.

Other penalties

40(2)       In addition to a fine or other penalty, the judge may require the convicted person to pay damages or make restitution to any person who suffers loss or damages as a consequence of the commission of the offence, in such amount as the judge considers appropriate.

Convicted person must still comply with order

41          A conviction for the offence of failing to comply with an order does not relieve the person convicted from complying with the order, and the convicting judge may, in addition to imposing a fine, order the person to do any work or action to comply with the order in respect of which the person was convicted, within the time specified in the order.

PART 7

REGULATIONS

Regulations

42(1)       The minister may make regulations

Financial Matters

(a) prescribing the fees payable under this Act, including fees for applications, renewals and late payments, or a method of determining them;

(b) respecting security to be provided by a person applying to be registered and to be maintained by a registrant, including

(i) the terms, conditions and amount of a bond or other security, and

(ii) the forfeiture of a bond or other security and the payment of the proceeds into the fund;

(c) prescribing the maximum fees that may be paid or received for a program of instruction, and that may be charged for the materials used by or the services supplied to a student, and requiring that materials be provided to a student when payment is made;

(d) prescribing the terms and conditions on which money paid for or on account of a program of instruction is to be retained by the private vocational institution or refunded to the payer;

(e) prescribing the percentage of student tuition required to be paid into the fund under subsection 10(4), and the time when those amounts are to be paid;

(f) respecting payments out of the fund and the administration of the fund generally;

(g) prescribing the interest or a method of determining the interest payable on a failure to pay a fee or amount owing under this Act;

Records and Information

(h) respecting the public registry to be maintained by the director under section 18, including the information to be kept in the registry and information to be publicly available in the registry;

(i) respecting records, including the form and content of records and the manner in which they must be maintained;

(j) respecting information that a private vocational institution must provide students and prospective students, including the time when and the manner in which the information is to be provided;

(k) respecting information that a private vocational institution and a registrant are required to make publicly available, including requirements respecting the posting of certificates of registration;

(l) respecting information that a private vocational institution and a registrant must provide to the director, including information respecting enrolment and performance measures;

(m) respecting access by students to their personal information, as defined in The Freedom of Information and Protection of Privacy Act, in records that are in the custody or under the control of a private vocational institution;

(n) respecting the protection of personal information, as defined in The Freedom of Information and Protection of Privacy Act, in records that are in the custody or under the control of a private vocational institution;

Operations

(o) respecting minimum requirements to be met by prospective students for admission to a private vocational institution;

(p) respecting the terms and conditions that must be included in a contract entered into between a private vocational institution and a student or other individual who contracts with a private vocational institution to receive instruction or training in a vocation;

(q) prescribing the certificates, diplomas or other documents that a student is to receive from a private vocational institution when the student successfully completes a program of instruction;

(r) in respect of a sexual violence policy that must be adopted and implemented by a private vocational institution,

(i) respecting issues that must be addressed and content that must be included in the policy,

(ii) governing processes that must be followed and consultations that must be carried out in updating the policy, and

(iii) governing the form, manner and frequency in which the activities engaged in and the results achieved under the policy are to be reported to the public;

General

(s) governing the conduct, operation and management of private vocational institutions;

(t) for the purpose of subsection 28(2), prescribing the penalty amount, or the method of determining the penalty amount, which must not exceed $5,000;

(u) prescribing anything referred to in this Act as being prescribed;

(v) defining any word or phrase used but not defined in this Act;

(w) respecting any other matter the minister considers necessary or advisable to carry out the purposes of this Act.

Application

42(2)       A regulation made under this section may be general or particular in its application.

PART 8

TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Registrations under former Act

43(1)        A person who, immediately before the coming into force of this Act, was a registrant under the former Act is deemed to be a registrant under this Act, and unless the person's registration is sooner cancelled or suspended, the registration is valid until the day it would have expired under the former Act.

Program approvals under former Act

43(2)        A program of instruction that was approved under the former Act is deemed to have been approved under this Act.

Repeal

44          The Private Vocational Institutions Act, S.M. 2002, c. 23, is repealed.

C.C.S.M. reference

45          This Act may be referred to as chapter P137 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

46          This Act comes into force on a day to be fixed by proclamation.