Definitions

1   In this regulation:

"Act" means the Private Training Act;

"application date", in relation to a certificate, means the date on which the registrar receives the application for the certificate;

"category" means a category to which an institution is assigned by the registrar in accordance with Part 6 [Category Assignment];

"certificate term" means the period that

(a) starts on the date a certificate is issued under section 7 [registrar issues certificates] of the Act, and

(b) ends on the later of the following:

(i) the expiry date included in the certificate;

(ii) the date the certificate ceases to be valid under section 10 [continuation of certificate term if renewal application made before deadline] of the Act;

"change of control" has the same meaning as in section 56 (1) [changes requiring notice] of the Private Training Regulation;

"classification society" has the same meaning as in section 2 of the Classed Ships Inspection Regulations, 1988 (Canada);

"employer provided program" means a program of instruction in which all the students enrolled are funded by one employer or by one other third party;

"extended term", in relation to a certificate, means the period that

(a) starts on the expiry date included in the certificate on the date that certificate is issued under section 7 [registrar issues certificates] of the Act, and

(b) ends on the date the certificate ceases to be valid under section 10 [continuation of certificate term if application made before deadline] of the Act;

"federal regulator" means any of the following:

(a) a person who accredits or licenses the persons described in section 4.9 (a) of the Aeronautics Act (Canada);

(b) a person, classification society or other organization who may issue a Canadian maritime document, within the meaning of the Canada Shipping Act, 2001;

"flat rate fee" means the fee payable under section 7 [flat rate fees];

"graduated fee" means the fee payable under section 8, 9 or 10 [graduated fees];

"health regulatory body" means a college designated under the Health Professions Act;

"Indigenous institution" means an institution that is operated by one or more of the following:

(a) a first nation;

(b) a treaty first nation;

(c) the Nisg̱a'a Nation;

(d) the Westbank First Nation;

(e) the shíshálh Nation;

(f) a society within the meaning of the Societies Act

(i) that has as one of its purposes the provision of post-secondary education to Indigenous persons, and

(ii) of which the majority of the directors are Indigenous persons;

(g) a corporation incorporated under the Canada Not-for-profit Corporations Act

(i) that has as one of its purposes the provision of post-secondary education to Indigenous persons, and

(ii) of which the majority of the directors are Indigenous persons;

"Indigenous institution class" means the class of institution established under section 2 (c) [classes of institutions];

"international student" means a student who is not a Canadian citizen or permanent resident of Canada;

"language institution class" means the class of institutions established under section 2 (b);

"language program" means a program of instruction that has as its learning objective that students gain or improve proficiency in a language, and

(a) for which the tuition is equal to or greater than $4 000, or

(b) the period of time that begins on the start date and ends on the end date of the program of instruction is longer than 6 months;

"original term", in relation to a certificate, means the period that

(a) starts on the date the certificate is issued under section 7 [registrar issues certificates] of the Act, and

(b) ends on the expiry date included in the certificate;

"other signatory" means, in relation to a student enrolment contract, a student's parent or legal guardian, if the student is under the age of 19;

"period of continuous certification or registration", in relation to an institution that holds a certificate, means the number of years, as at the date on which the certificate is issued, for which the institution continuously

(a) held a certificate under the Act, or

(b) was registered under the former Act;

"regulatory body institution class" means the class of institutions established under section 2 (a);

"student enrolment contract" means a contract entered into by an institution and a student, or other signatory, under which the institution provides all or part of a program of instruction to a student.

[am. B.C. Regs. 140/2016, App. 2; 123/2021, s. 1; 123/2024, Sch., s. 4.]

Classes of institutions

2   The following classes of certified institutions are established for the purposes of this regulation and the Private Training Regulation:

(a) the regulatory body institution class consisting of institutions to which one of the following applies:

(i) the only approved programs of instruction the institution provides or intends to provide are approved programs of instruction that lead to employment in a career occupation regulated by the federal regulator;

(ii) the only approved programs of instruction the institution provides or intends to provide are approved programs of instruction that lead to employment in a career occupation regulated by a health regulatory body;

(b) the language institution class consisting of institutions at which the only approved programs of instruction the institution provides or intends to provide are one or both of the following:

(i) an approved language program

(A) that is assessed by a body that is independent of the institution, and

(B) with respect to which the institution meets the standards of the body;

(ii) a career training program that leads to employment in language instruction;

(c) the Indigenous institution class consisting of Indigenous institutions.

(d) Repealed. [B.C. Reg. 123/2021, s. 2 (b).]

[am. B.C. Reg. 123/2021, s. 2.]

Application fees

3   (1) For the purposes of section 6 (c) [application fees] of the Act, the fees set out in this section are prescribed.

(2) If an institution applying for a registration certificate or designation certificate does not hold a certificate on the application date for the registration certificate or designation certificate, the institution must submit a fee in the amount of $3 300.

(3) If an institution applying for a registration certificate holds a designation certificate or interim designation certificate on the application date for the registration certificate, the institution must submit a fee in the amount of $500.

(4) If an institution applying for a designation certificate holds a registration certificate on the application date for the designation certificate, the institution must submit a fee in the amount of $500.

[am. B.C. Reg. 123/2021, s. 3.]

Repealed

4   Repealed. [B.C. Reg. 123/2021, s. 4.]

Program approval fees

5   (1) For the purposes of section 12 (2) (c) [program approval fee] of the Act, the fees set out in this section are prescribed.

(2) An institution applying for a certificate, or a certified institution that intends to provide a new program of instruction, must submit a fee in the amount of

(a) $900 if the application or new program of instruction relates to a career training program prescribed as a Class A program under the Private Training Regulation, or

(b) $500 if the application or new program of instruction relates to

(i) a career-related program of instruction prescribed as a Class B program under the Private Training Regulation, or

(ii) a language program prescribed as a Class C program under the Private Training Regulation.

(3) An institution must submit the fees referred to in subsection (2) when the institution submits the required information and records under section 13 [information and records required for decision whether to approve program of instruction] of the Private Training Regulation.

(4) An institution applying for a certificate, or a certified institution that intends to provide a new program of instruction, must submit a fee in the amount of $150 if the application or new program of instruction relates to a program of instruction for which the registrar's approval is not required.

(5) An institution must submit the fee referred to in subsection (4) within 30 days after receiving notice from the registrar that the program of instruction does not require approval.

[am. B.C. Reg. 123/2021, s. 5.]

Fees for certified institutions

6   For the purposes of section 13 (h) [certified institution fees] of the Act, the flat rate fees and graduated fees set out in this Division are prescribed for each certificate term.

Flat rate fees

7   (1) Subject to subsection (2), if a certified institution that is issued a new certificate held a certificate on the application date for the new certificate, the institution must pay a flat rate fee in the amount determined by the following formula:

(2) If the certificate held by the certified institution on the application date referred to in subsection (1) had a term that was extended under section 10 [continuation of certificate term] of the Act, the institution must pay a flat rate fee in the amount determined by adding

(a) the amount payable under subsection (1), and

(b) the amount determined by the following formula:

(3) If a certified institution that is issued a new certificate did not hold a certificate on the application date for the new certificate, the institution must pay a flat rate fee in the amount determined by multiplying $108.34 by the number of months in the original term of the new certificate.

[en. B.C. Reg. 123/2021, s. 6.]

Graduated fees for category 1 or 2 institutions if certificate has 12-month term

8   (1) If a certified institution that is issued a new certificate is assigned to category 1 or 2 and the new certificate has or is deemed to have an original term of 12 months, the institution must pay a graduated fee in the amount determined by the following formula:

(2) For the purposes of subsection (1), a new certificate is deemed to have an original term of 12 months if

(a) the certified institution held a certificate on the application date for the new certificate,

(b) the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

(c) the number of months in the original term of the new certificate is less than 12 months.

(3) If the certified institution did not hold a certificate on the application date for the new certificate, the institution's annual tuition revenue for the purposes of the formula in subsection (1) is the total tuition revenue the institution estimates it will earn, in respect of approved programs of instruction, during the original term of the new certificate.

[en. B.C. Reg. 123/2021, s. 6.]

Graduated fees for category 1 or 2 institutions if certificate has other than 12-month term

9   If a certified institution that is issued a new certificate is assigned to category 1 or 2 and the new certificate has an original term of other than 12 months, the institution must pay a graduated fee in the amount determined by

(a) determining the fee the institution would have been required to pay under section 8 had the institution been issued a new certificate with an original term of 12 months,

(b) dividing the number of months in the original term of the new certificate by 12, and

(c) multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

[en. B.C. Reg. 123/2021, s. 6.]

Graduated fees for category 3 institutions if certificate has 12-month term

10   (1) If a certified institution that is issued a new certificate is assigned to category 3 and the new certificate has or is deemed to have an original term of 12 months, the institution must pay a graduated fee in the amount determined by the following formula:

(2) For the purposes of subsection (1), a new certificate is deemed to have an original term of 12 months if

(a) the certified institution held a certificate on the application date for the new certificate,

(b) the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

(c) the number of months in the original term of the new certificate is less than 12 months.

(3) If the certified institution did not hold a certificate on the application date for the new certificate, the institution's annual tuition revenue for the purposes of the formula in subsection (1) is the total tuition revenue the institution estimates it will earn, in respect of approved programs of instruction, during the original term of the new certificate.

[en. B.C. Reg. 123/2021, s. 6.]

Graduated fees for category 3 institutions if certificate has other than 12-month term

10.1   If a certified institution that is issued a new certificate is assigned to category 3 and the new certificate has an original term of other than 12 months, the institution must pay a graduated fee in the amount determined by

(a) calculating the fee the institution would have been required to pay under section 10 had the institution been issued a new certificate with an original term of 12 months,

(b) dividing the number of months in the original term of the new certificate by 12, and

(c) multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

[en. B.C. Reg. 123/2021, s. 6.]

Inspection fees

11   (1) In this section:

"designation review" means an inspection under section 29 (b) or (c) [inspections] of the Act that is conducted during each of the following intervals in respect of a certified institution that holds one or more designation certificates:

(a) within 7 years after the date on which the first designation certificate is issued to the institution;

(b) within 7 years after conducting the inspection referred to in paragraph (a) of this subsection;

(c) within each successive 7 year period after conducting an inspection referred to in paragraph (b) of this subsection;

"follow-up inspection" means an inspection under section 29 (b) or (c) of the Act that is conducted in respect of a certified institution after an initial inspection indicates that the institution may not be complying with an enactment or requirement referred to in section 29 (b) of the Act.

(2) For the purposes of section 13 (h) [certified institution fees] of the Act, the inspection fees set out in this section are prescribed.

(3) The inspection fee payable by a certified institution for a designation review is the amount equal to the sum of $1 500 and the following, as applicable:

(a) for the first day of the inspection, $1 750 for each inspector who conducts all or part of the inspection on that day;

(b) for the second and each subsequent day of the inspection, $750 for each inspector who conducts all or part of the inspection on those days.

(3.1) The inspection fee payable by a certified institution for a follow-up inspection is the amount determined in accordance with the following hourly rates for each inspector who conducts all or part of the follow-up inspection:

(a) $100 per hour, if the inspector is an employee of the ministry;

(b) $200 per hour, if the inspector is not

(i) an employee of the ministry, or

(ii) a consultant with expertise in accounting, including in financial audits;

(c) $300 per hour, if the inspector is a consultant with expertise in accounting, including in financial audits.

(4) An institution must pay a fee payable under this section within 30 days of receiving notice from the registrar of the requirement to make the payment.

[am. B.C. Reg. 123/2021, s. 8.]

Fees for changes requiring notice or consent

12   (1) For the purposes of section 14 (2) (d) [change fees] of the Act, the fees set out in this section are prescribed.

(1.1) The fees payable by a certified institution in relation to the changes set out in the following paragraphs of section 56 (2) of the Private Training Regulation are as follows:

(a) $500 for a change set out in paragraph (d) [change in fiscal year];

(b) $100 for a change set out in paragraph (e) [change in whether program of instruction is provided];

(c) $1 000 for a change set out in paragraph (g) [change of control];

(d) $200 for a change set out in paragraph (h) [change in legal name or operating name].

(1.2) The fees payable by a certified institution in relation to the changes set out in the following paragraphs of section 57 of the Private Training Regulation are as follows:

(a) $250 for a change set out in

(i) paragraph (a) [change in hours of instruction],

(ii) paragraph (b) [change in method of delivery], or

(iii) paragraph (c) [change in admission requirements];

(b) $500 for a change set out in paragraph (d) [change in location], if the change relates to a location where or from which the institution provides approved programs of instruction;

(c) $200 for a change set out in paragraph (d) [change in location], if the change relates to a location where or from which the only programs of instruction provided by the institution are programs of instruction for which the registrar's approval is not required;

(d) $250 for a change set out in paragraph (e) [change in program outline].

(2) A fee payable under this section must be included with the notification required under section 14 (2) (a) of the Act.

[am. B.C. Reg. 123/2021, s. 9.]

Fees for reconsideration, appeal and review

13   For the purposes of the following sections of the Act, the prescribed fee payable by an institution is $100:

(a) section 47 (4) (b) [reconsideration fee];

(b) section 50 (2) (b) [appeal fee];

(c) section 54 (3) (b) [review of administrative penalty fee].

Matters registrar must consider

14   The registrar must consider the following in determining whether an institution is required to give security under section 7 (1) (c) [security] of the Act:

(a) whether any of the institution's certificates have been suspended within the previous 2 years;

(b) the institution's category rating for each criterion assessed under Part 6 [Category Assignment] of this regulation;

(c) the length of time for which the institution has been certified under the Act;

(d) whether the institution has had a change of control within the previous year;

(e) if the institution has never held a certificate, the institution's balance sheet, as submitted with the institution's business plan under section 5 (2) (j) [application for certificate] of the Private Training Regulation;

(f) the financial statements submitted under section 51 (1) [reporting requirements] of the Private Training Regulation for any of the institution's 3 previous fiscal years;

(g) current or updated information relating to the institution's financial viability, as requested by the registrar;

(h) whether the institution is in the Indigenous institution class;

(i) other information available to the registrar that the registrar considers relevant.

[en. B.C. Reg. 123/2021, s. 10.]

Acceptable types of security

14.1   The following are acceptable types of security:

(a) an irrevocable letter of credit issued by a savings institution;

(b) a surety bond issued by a person who is authorized under the Financial Institutions Act to carry on insurance business;

(c) cash derived directly from an instrument described in paragraph (a).

[en. B.C. Reg. 123/2021, s. 10.]

Maximum amount of security

14.2   The maximum amount of security that the registrar may require is $100 000.

[en. B.C. Reg. 123/2021, s. 10.]

Certified institution payments to fund

15   For the purposes of section 22 [payments to fund] of the Act, the payments set out in this Division are prescribed.

Application to institutions in Indigenous institution class

15.1   This Division, except section 20 [payments to fund for institutions in Indigenous institution class], does not apply to a certified institution in the Indigenous institution class.

[en. B.C. Reg. 123/2021, s. 11.]

Payments to fund for category 1 and 2 institutions if certificate has 12-month term

16   (1) Subject to the payment reduction, if any, required under section 19 [payment reduction for category 1 and 2 institutions with low debt ratio], if a certified institution that is issued a new certificate is assigned to category 1 or 2 and the new certificate has or is deemed to have an original term of 12 months, the institution must pay to the fund the amount determined by the following formula:

(2) For the purposes of subsection (1), a new certificate is deemed to have an original term of 12 months if

(a) the certified institution held a certificate on the application date for the new certificate,

(b) the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

(c) the number of months in the original term of the new certificate is less than 12 months.

[en. B.C. Reg. 123/2021, s. 11.]

Payments to fund for category 1 and 2 institutions if certificate has other than 12-month term

17   Subject to the payment reduction, if any, required under section 19 [payment reduction for category 1 and 2 institutions with low debt ratio], if a certified institution that is issued a new certificate is assigned to category 1 or 2 and the new certificate has an original term of other than 12 months, the institution must pay to the fund the amount determined by

(a) determining the amount the institution would have been required to pay under section 16 had the institution been issued a new certificate with an original term of 12 months,

(b) dividing the number of months in the original term of the new certificate by 12, and

(c) multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

[en. B.C. Reg. 123/2021, s. 11.]

Payments to fund for category 3 institutions if certificate has 12-month term

18   (1) If a certified institution that is issued a new certificate is assigned to category 3 and the new certificate has or is deemed to have an original term of 12 months, the institution must pay to the fund the amount determined by the following formula:

(2) For the purposes of subsection (1), a new certificate is deemed to have an original term of 12 months if

(a) the certified institution held a certificate on the application date for the new certificate,

(b) the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

(c) the number of months in the original term of the new certificate is less than 12 months.

(3) If the certified institution did not hold a certificate on the application date for the new certificate, the institution's annual tuition revenue for the purposes of the formula in subsection (1) is the total tuition revenue the institution estimates it will earn, in respect of approved programs of instruction, during the original term of the new certificate.

[en. B.C. Reg. 123/2021, s. 11.]

Payments to fund for category 3 institutions if certificate has other than 12-month term

18.1   If a certified institution that is issued a new certificate is assigned to category 3 and the new certificate has an original term of other than 12 months, the institution must pay to the fund the amount determined by

(a) determining the amount the institution would have been required to pay under section 18 had the institution been issued a new certificate with an original term of 12 months,

(b) dividing the number of months in the original term of the new certificate by 12, and

(c) multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

[en. B.C. Reg. 123/2021, s. 11.]

Payment reduction for category 1 and 2 institutions with low debt ratio

19   (1) In this section:

"current ratio" means the number determined by dividing an institution's current assets by the institution's current liabilities, as indicated in the institution's most recent financial statements provided to the registrar;

"debt ratio" means the number determined by dividing an institution's total liabilities by the institution's total assets, as indicated in the institution's most recent financial statements provided to the registrar.

(2) If a certified institution to which section 16 [payments to fund for category 1 and 2 institutions if certificate has 12-month term] or 17 [payments to fund for category 1 and 2 institutions if certificate has other than 12-month term] applies has a debt ratio of less than 0.2, the amount payable by the institution under that section must be reduced by the amount determined by the following formula:

[en. B.C. Reg. 123/2021, s. 11.]

Payments to fund for institutions in Indigenous institution class

20   A certified institution that is in the Indigenous institution class must pay to the fund $10 per certificate term.

[am. B.C. Reg. 123/2021, s. 12.]

Filing a claim

21   (1) For the purposes of section 23 (2) [filing a claim] of the Act, a claimant must submit the following information to the trustee:

(a) the operating name the institution uses;

(b) the location where the institution provides, or from which the institution provides, the program of instruction the student was enrolled in;

(c) the student's full legal name, usual first name, mailing address, telephone number and email address;

(d) the student's date of birth;

(e) the name of the approved program of instruction the student was enrolled in;

(f) the start date and end date of the program of instruction as set out in the student enrolment contract;

(g) whether the student

(i) is attending the program of instruction,

(ii) has withdrawn from the program of instruction,

(iii) was dismissed from the program of instruction, or

(iv) has completed the program of instruction;

(h) whether the student received a tuition refund and, if so, the amount of the refund;

(i) if available, a copy of the student enrolment contract signed by the student, or other signatory, and the institution;

(j) if applicable, the student's application number from StudentAid BC;

(k) if available, evidence that the student, or another person on behalf of the student, paid tuition to the institution.

(2) For the purposes of section 23 (1) (b) of the Act, in addition to the information required under subsection (1), a claimant must submit the following information to the trustee:

(a) a description of the circumstances that gave rise to the claim;

(b) a description of the steps the student took under the dispute resolution process;

(c) all records or other things that are relevant to the claim.

(3) Unless otherwise permitted by the trustee of the fund, the length of the information submitted under subsection (2) must not exceed a total of 50 pages.

[am. B.C. Reg. 123/2021, s. 13.]

Claim on grounds institution ceased to hold certificate

22   (1) As soon as practicable after a student files a claim against the fund on the grounds referred to in section 23 (1) (a) [institution ceased to hold any certificate] of the Act, the trustee of the fund must give a summary of the claim to the institution to which the claim relates.

(2) An institution may give to the trustee, within 7 days of receiving a summary of a claim, a response to the claim that includes all records or other things that are relevant to the claim and in the institution's possession or control.

(3) The trustee may, at the request of an institution or on the trustee's own initiative, extend the time for responses under this section.

(4) The trustee must give written reasons for the trustee's decision in relation to a claim to

(a) the claimant,

(b) the institution against which the claim is made, and

(c) the registrar.

[am. B.C. Reg. 123/2021, s. 14.]

Claim on grounds certified institution misled student

23   (1) As soon as practicable after a student files a claim against the fund on the grounds referred to in section 23 (1) (b) [certified institution misled student] of the Act, the trustee of the fund must give to the institution to which the claim relates

(a) a copy of the claim, and

(b) all available records and other things that the trustee considers relevant to the claim.

(2) An institution may give to the trustee, within 15 days of receiving the copy of the claim and records or other things referred to in subsection (1), a response to the claim that includes all records or other things that are relevant to the claim and in the institution's possession or control.

(2.1) Unless otherwise permitted by the trustee of the fund, the length of a response given under subsection (2) must not exceed a total of 50 pages.

(3) If an institution gives a response in accordance with subsection (2), the trustee must give the institution's response under that subsection to the claimant within 15 days of receiving the institution's response.

(4) A claimant may give a reply to an institution's response to the trustee within 15 days of receiving the response.

(5) If a claimant replies to an institution's response in accordance with subsection (4), the trustee must give the claimant's reply to the institution within 15 days of receiving the reply.

(6) The trustee may, at the request of a claimant or an institution or on the trustee's own initiative, extend the time for responses and submissions under this section.

(7) The trustee must give written reasons for the trustee's decision in relation to a claim to

(a) the claimant,

(b) the institution against which the claim was made, and

(c) the registrar.

[am. B.C. Reg. 123/2021, s. 15.]

Adjudication procedures

24   The trustee may, in adjudicating a claim, do any of the following:

(a) delay or adjourn consideration of the claim for the time and on the terms the trustee considers appropriate;

(b) consolidate the consideration of the claim with any other claim.

Payments from fund

25   (1) For the purposes of section 25 (1) [payments from fund] of the Act, the trustee may make a payment from the fund, or authorize the administrator of the fund to make a payment from the fund, in accordance with this section.

(2) The trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, costs incurred by the trustee in administering the fund.

(3) If the trustee decides under section 24 (4) [authority of trustee in dealing with claims] of the Act that payment should be made from the fund in relation to an approved claim under section 23 (1) (a) [institution ceased to hold any certificate] of the Act, the trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, all or a portion of the tuition paid by the claimant, or on behalf of the claimant, in the following order of priority:

(a) to the person appointed under section 18 (2) [program completion if institution ceased to hold certificate] of the Act;

(b) to the government;

(c) to the claimant.

(4) If the trustee decides under section 24 (4) of the Act that payment should be made from the fund in relation to an approved claim under section 23 (1) (b) [certified institution misled student] of the Act, the trustee may pay from the fund, or authorize the administrator of the fund to pay from the fund, all or a portion of the tuition paid by the claimant, or on behalf of the claimant, in the following order of priority:

(a) to the government;

(b) to the claimant.

Repayment of money by institution to fund

26   For the purposes of section 27 (1) (a) [repayment of money by institution after payment] of the Act, an institution must pay the amount set out in the notice within 15 days of receiving notice from the trustee of the requirement to make the payment.

Prescribed provisions of Act

27   (1) An institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $1 000 for each contravention:

(a) section 2 [certificate required to provide career training programs];

(b) section 11 (1) [requirement for approval];

(c) section 39 [prohibition on granting credentials];

(d) section 41 (1) [prohibition on false or misleading representations about certificates];

(e) section 41 (2) [prohibition on false, deceiving or misleading advertising or representation];

(f) section 42 (1) [prohibition on false or misleading information].

(2) A certified institution that contravenes section 14 (1) (b) [implementation of change that requires notification and consent] of the Act is liable to an administrative penalty of $500 for each contravention.

(3) A certified institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $250 for each contravention:

(a) section 7 (5) (a) [failure to post certificate at location];

(b) section 7 (5) (b) [failure to post certificate on website];

(c) section 19 [failure to establish dispute resolution for student complaints].

(4) An institution that fails to comply with a compliance order is liable to an administrative penalty of $1 000.

[am. B.C. Reg. 123/2021, s. 16.]

Prescribed provisions of regulations

28   (1) A certified institution that contravenes any of the following provisions of this regulation is liable to an administrative penalty of $250 for each contravention:

(a) section 11 (4) [payment of inspection fee];

(b) section 46 [manner and time for making payments].

(2) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $1 000 for each contravention:

(a) section 21 (2) (a) [instructor qualification — academic course];

(b) section 21 (2) (b) [instructor qualification — vocational or practical course];

(c) section 21 (2) (c) [instructor qualification — language course];

(d) section 21 (3) [instructor qualifications required by regulator];

(e) section 58 (c) [notice of change].

(3) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $750 for each contravention:

(a) section 23 (2) [written student enrolment contract];

(b) section 24 (3) [content of student enrolment contract];

(c) section 24 (6) [provision of signed student enrolment contract];

(d) section 28 (1) [fee compliance standards];

(e) section 30 (2) [when institution may accept tuition];

(f) section 35 [fee and tuition refund payment compliance standards];

(g) section 41 (6) [work experience component compliance standards].

(4) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $500 for each contravention:

(a) section 18 (2) (f) [student evaluation];

(b) section 44 [credentials compliance standards];

(c) section 53 [additional reporting requirements — student data report];

(d) section 54 [additional reporting requirements — specified certified institutions].

(5) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $250 for each contravention:

(a) section 21 (2) (d) [performance evaluation];

(b) section 37 (2) [current student record];

(c) section 38 [retention of student records];

(d) section 39 [archived student record compliance standards];

(e) section 40 [student attendance compliance standards].

Continuing contraventions

29   If a contravention under section 33 (1) (a) [determination of administrative penalties] of the Act continues for, or occurs on, 2 or more consecutive days, separate administrative penalties, each not exceeding the administrative penalty for the contravention, may be imposed for each day the contravention continues or occurs.

Automatic assignment of Indigenous institution to category 1

30   The registrar must assign an institution in the Indigenous institution class to category 1.

[am. B.C. Reg. 123/2021, s. 17.]

Automatic assignment to category 3

31   The registrar must assign an institution that is issued a certificate, other than an institution in the Indigenous institution class, to category 3 if, on the date the certificate is issued,

(a) the institution has a period of continuous certification or registration of less than 2 years, or

(b) the registrar has, within the previous 2 years, suspended a certificate held by the institution.

[en. B.C. Reg. 123/2021, s. 18.]

Purposes of category assessment under Division 2

31.1   The category ratings and assessments in this Division must be conducted for the following purposes:

(a) in relation to an institution that is applying for a registration certificate, determining the security payable by the institution under Part 3 [Security];

(b) in relation to an institution that is issued a registration certificate or interim designation certificate, other than an institution to which section 30 [automatic assignment of Indigenous institution to category 1] or 31 [automatic assignment to category 3] applies,

(i) identifying the applicable provisions in Division 3 [Fees for Certified Institutions] of Part 2 [Fees] under which the graduated fee payable by the institution must be determined,

(ii) identifying the applicable provisions in Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] under which the amount payable to the fund by the institution must be determined, and

(iii) identifying the applicable provisions in section 52 [required financial statements] of the Private Training Regulation under which the institution must submit records.

[en. B.C. Reg. 123/2021, s. 20.]

Category assignment framework for Division 2

32   (1) For the purposes of assigning an institution to a category under this Division, the registrar must first determine a result for the institution in respect of each of the following criteria:

(a) the student withdrawal criterion under section 34 [determining result for student withdrawal criterion];

(b) the compliance orders criterion under section 35 [determining result for compliance orders criterion];

(c) the administrative penalties criterion under section 35.1 [determining result for administrative penalties criterion];

(d) the claims against the fund criterion under section 36 [determining result for claims against fund criterion];

(e) the current ratio criterion under section 37 [determining result for current ratio criterion];

(f) the months of working capital criterion under section 38 [determining result for months of working capital criterion];

(g) the change in revenue criterion under section 39 [determining result for change in revenue criterion];

(h) the profit margin criterion under section 40 [determining result for profit margin criterion];

(i) the true trust criterion under section 41 [determining result for true trust criterion];

(j) the change of control criterion under section 41.1 [determining result for change of control criterion].

(2) After determining an institution's result for an assessment criterion referred to in subsection (1) and column 1 of Table 4 in the Schedule, the registrar must do the following:

(a) if the result is within the range or is the amount set out opposite in column 2, assign a category 1 rating for the assessment criterion;

(b) if the result is within the range or is the amount set out opposite in column 3, assign a category 2 rating for the assessment criterion;

(c) if the result is within the range or is the amount set out opposite in column 4, assign a category 3 rating for the assessment criterion;

(d) if the registrar is unable to determine the result, assign a category 1 rating for the assessment criterion.

(3) After assigning category ratings to an institution for the assessment criteria referred to in subsection (1), the registrar must assign the institution

(a) to category 1 if the institution has 7 or more category 1 ratings for the assessment criteria,

(b) to category 2 if the institution has 5 or 6 category 1 ratings for the assessment criteria, and

(c) to category 3 if the institution has 4 or less category 1 ratings for the assessment criteria.

[en. B.C. Reg. 123/2021, s. 21.]

Repealed

33   Repealed. [B.C. Reg. 123/2021, s. 22.]

Determining result for student withdrawal criterion

34   (1) Subject to subsection (2), an institution's result for the student withdrawal criterion is the percentage determined by the following formula:

(2) The registrar must assign a category 1 rating for the student withdrawal criterion in an assessment if there are fewer than 10 students enrolled in an approved program of instruction.

[am. B.C. Reg. 123/2021, s. 23.]

Determining result for compliance orders criterion

35   An institution's result for the compliance orders criterion is the number of compliance orders issued to the institution during the institution's previous fiscal year.

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for administrative penalties criterion

35.1   An institution's result for the administrative penalties criterion is the number of administrative penalties imposed on the institution during the institution's previous fiscal year.

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for claims against fund criterion

36   An institution's result for the claims against the fund criterion is the percentage determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for current ratio criterion

37   An institution's result for the current ratio criterion is the number determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for months of working capital criterion

38   An institution's result for the months of working capital criterion is the number determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for change in revenue criterion

39   An institution's result for the change in revenue criterion is the percentage determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for profit margin criterion

40   An institution's result for the profit margin criterion is the percentage determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for true trust criterion

41   An institution's result for the true trust criterion is the amount determined by the following formula:

[en. B.C. Reg. 123/2021, s. 24.]

Determining result for change of control criterion

41.1   An institution's result for the change of control criterion

(a) is 1 if the institution has not had a change of control within the previous 2 years, or

(b) is 2 if the institution has had a change of control within the previous 2 years.

[en. B.C. Reg. 123/2021, s. 25.]

Purposes of category assessment under Division 3

41.2   The category ratings and assessments in this Division must be conducted for the following purposes:

(a) in relation to an institution that is applying for a designation certificate, determining the security payable by the institution under Part 3 [Security];

(b) in relation to an institution that is issued a designation certificate, other than an institution to which section 30 [automatic assignment of Indigenous institution to category 1] or 31 [automatic assignment to category 3] applies,

(i) identifying the applicable provisions in Division 3 [Fees for Certified Institutions] of Part 2 [Fees] under which the graduated fee payable by the institution must be determined,

(ii) identifying the applicable provisions in Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] under which the amount payable to the fund by the institution must be determined, and

(iii) identifying the applicable provisions in section 52 [required financial statements] of the Private Training Regulation under which the institution must submit records.

[en. B.C. Reg. 123/2021, s. 27.]

Category assessment framework for Division 3

42   (1) For the purposes of assigning an institution to a category under this Division, the registrar must first determine a result for an institution in respect of the following criteria:

(a) each of the criteria under Division 2 [Category Assessments in Relation to Registration Certificates and Interim Designation Certificate];

(b) the StudentAid BC support criterion under section 43 [determining result for StudentAid BC criterion];

(c) the international student enrolment criterion under section 44 [determining result for international student enrolment criterion].

(2) After determining an institution's result for an assessment criterion referred to in subsection (1) and column 1 of Table 4 in the Schedule, the registrar must do the following:

(a) if the result is within the range or is the amount set out opposite in column 2, assign a category 1 rating for the assessment criterion;

(b) if the result is within the range or is the amount set out opposite in column 3, assign a category 2 rating for the assessment criterion;

(c) if the result is within the range or is the amount set out opposite in column 4, assign a category 3 rating for the assessment criterion;

(d) if the registrar is unable to determine the result, assign a category 1 rating for the assessment criterion.

(3) After assigning category ratings to an institution for the assessment criterion referred to in subsection (1), the registrar must assign the institution

(a) to category 1 if the institution has 8 or more category 1 ratings for the assessment criteria,

(b) to category 2 if the institution has 6 or 7 category 1 ratings for the assessment criteria, and

(c) to category 3 if the institution has 5 or less category 1 ratings for the assessment criteria.

[en. B.C. Reg. 123/2021, s. 28.]

Determining result for StudentAid BC criterion

43   An institution's result for the StudentAid BC Support criterion is the percentage determined by the following formula:

[en. B.C. Reg. 123/2021, s. 29.]

Determining result for international student enrolment criterion

44   An institution's result for the international student enrolment criterion is the percentage determined by the following formula:

[en. B.C. Reg. 123/2021, s. 29.]

Repealed

45   Repealed. [B.C. Reg. 123/2021, s. 30.]

Manner and time for making payments

46   (1) The fees payable under Division 3 [Fees for Certified Institutions] of Part 2 [Fees] and the payments to the fund under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] must be paid in the form set out in this section.

(2) Unless subsection (3) applies, a fee or payment referred to in subsection (1) must be paid

(a) by lump sum payment within 30 days after receiving notice from the registrar of the requirement to make the payment, or

(b) by equal monthly instalments on or before the 15th day of each month following the month in which the institution receives notice from the registrar of the requirement to make the payment.

(3) A fee or payment referred to in subsection (1) that relates to a new certificate must be paid by lump sum payment within 30 days after receiving notice from the registrar of the requirement to make the payment if

(a) the certificate held by the institution on the application date for the new certificate had a term that was extended under section 10 [continuation of certificate term] of the Act, or

(b) the new certificate has an original term of 6 months or less.

[am. B.C. Reg. 123/2021, s. 31.]

Methods of payment

47   (1) Subsection (1.1) applies in relation to the following:

(a) fees payable under Part 2 [Fees];

(b) payments required under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund];

(c) payments required under section 26 [repayment of money by institution to fund];

(d) payment of administrative penalties under the Act.

(1.1) An institution that is required to pay a fee or make a payment referred to in subsection (1) must pay the fee or make the payment by way of

(a) a cheque payable to the Minister of Finance, or

(b) an electronic transfer of funds.

(1.2) In addition to the methods referred to in subsection (1.1), an institution that is a certified institution may pay the fee or make the payment by way of a credit card.

(2) Monthly payments under this Part must be paid by pre-authorized debit.

[am. B.C. Reg. 123/2021, s. 32.]