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The Private Vocational Institutions Act

S.M. 2019, c. 10

Bill 13, 4th Session, 41st Legislature

The Private Vocational Institutions Act

THE PRIVATE VOCATIONAL INSTITUTIONS ACT
PART 1
INTRODUCTORY PROVISIONS
1 (1) Definitions
(2) Reference to "Act" includes regulations
2 Non-application of this Act
PART 2
REGISTRATION AND PROGRAM APPROVALS
REGISTRATION
3 (1) Registration required
(2) Applications for registration or renewals of registration
4 (1) Approval of registration
(2) Director may inspect premises
(3) Terms and conditions on registration
(4) Compliance with terms and conditions
5 (1) Certificate of registration
(2) Registration period
(3) Continuance pending renewal
6 Registration not transferable
7 (1) Duties of registrant
(2) Registrant must comply with obligations
PROGRAMS OF INSTRUCTION
8 (1) Programs must be approved
(2) Application for program approval
(3) Approval of programs of instruction
(4) Assessment of proposed programs
(5) Terms and conditions on approval
(6) Program measures and objectives
(7) Compliance with terms and conditions
9 Changes to approved programs
PART 3
STUDENT PROTECTIONS
TRAINING COMPLETION FUND
10 (1) Training Completion Fund continued
(2) Control and supervision of fund
(3) Contributions to the fund
(4) Payments by private vocational institutions
11 (1) Use of fund
(2) Payments from fund
(3) Insufficient amount in fund
(4) Investment of excess money
12 (1) Annual report on fund
(2) Audit of fund
SEXUAL VIOLENCE POLICIES
13 (1) Sexual violence policy
(2) Development and content of policy
(3) Four-year review
OTHER PROTECTIONS
14 Information to students and prospective students
15 False advertising
16 (1) Initial 7-day period for student to rescind contract
(2) Address for notice
(3) Method of giving notice
(4) Effective date of cancellation
(5) Effect of rescission
(6) Application
PART 4
ADMINISTRATION AND ENFORCEMENT
DIRECTOR
17 (1) Appointment of director
(2) Director may delegate
(3) Limitations
(4) Director retains powers and duties
18 Public registry
19 Forms
20 (1) Director may require records
(2) Duty to provide records
EVALUATIONS OF PROGRAMS
21 (1) Evaluation of programs
(2) Evaluations
(3) Evaluations to be public
INSPECTORS AND INSPECTIONS
22 (1) Appointment of inspectors
(2) Designating inspectors
(3) Identification
23 (1) Inspections
(2) Assistance
(3) Authority to enter private dwelling
(4) Warrant to enter and inspect private dwelling
(5) Application without notice
(6) Interpretation: "registrant"
24 (1) Assistance to be given
(2) Electronic records
(3) Inspector may make copies
(4) Admissibility of copies
25 Obstruction prohibited
ORDERS
26 (1) Order to remedy contravention
(2) Requirements of order
(3) Duty to comply
27 (1) Requesting review by director
(2) Time limit for requesting review
(3) No hearing required
(4) Stay pending review
28 (1) Administrative penalty
(2) Amount of penalty
(3) When penalty may be imposed
(4) Notice
(5) Serving the notice
29 (1) Payment
(2) Disposition of penalty amounts
(3) Debt due to government
(4) Certificate registered in court
(5) No offence to be charged if penalty is paid
30 Public disclosure of orders and administrative penalties
Decisions of Director
31 (1) Decisions of director
(2) Notice of decision
(3) Decision to suspend or cancel
(4) Decisions with immediate effect
APPEALS
32 (1) Decisions and orders that may be appealed
(2) Decisions that are not subject to appeal
(3) Grounds for appealing
(4) How to appeal
(5) Director is party to appeal
(6) Appeal stays order
33 (1) Minister to appoint appeal board
(2) Composition of appeal board
(3) Remuneration and expenses
(4) Notice of hearing date
(5) Right to be heard
(6) Decision of appeal board
(7) Notice of appeal board decision
(8) Decision is final
PART 5
GENERAL
REPORTING
34 (1) Annual public reporting
(2) Annual reporting to the director
35 (1) Prior notice of change in location
(2) Notice of material changes
36 (1) Service
(2) Deemed receipt
37 (1) No actions by unregistered institutions
(2) Interpretation: contract
38 Protection from legal action
PART 6
OFFENCES AND PENALTIES
39 (1) Offences
(2) Continuing offence
(3) Liability of corporate officers and directors
(4) Time limit for prosecution
40 (1) Penalties
(2) Other penalties
41 Convicted person must still comply with order
PART 7
REGULATIONS
42 (1) Regulations
Financial Matters
Records and Information
Operations
General
(2) Application
PART 8
TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
43 (1) Registrations under former Act
(2) Program approvals under former Act
44 Repeal
45 C.C.S.M. reference
46 Coming into force