Definitions

1   In this regulation:

"Act" means the Private Training Act;

"Branch" means the Private Training Institutions Branch of the ministry of the minister;

"British Columbia Electronic Identification" means an online account, with an identification and password, used to securely access online government services;

"category assignment assessment" means the assessment conducted by the registrar in accordance with Part 6 [Category Assignment] of the Fees and Student Tuition Protection Fund Regulation;

"certificate application date" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"certificate of good standing" means a document entitled "Certificate of Good Standing" issued by the Registrar of Companies;

"Class A program" means a program of instruction prescribed under section 10 (1) (a) [classes of programs requiring approval] of this regulation;

"Class B program" means a program of instruction prescribed under section 10 (1) (b) of this regulation;

"Class C program" means a program of instruction prescribed under section 10 (1) (c) of this regulation;

"company" has the same meaning as in section 1 (1) [definitions] of the Business Corporations Act;

"continuous intake model" means a student intake model in which there is continuous admission of students throughout a program of instruction;

"corporation" has the same meaning as in section 1 (1) of the Business Corporations Act;

"course outline" means an outline for a course that includes all of the following:

(a) the learning objectives of the course;

(b) a list of required course materials;

(c) a description of the method of evaluation used to assess a student's performance in the course;

(d) the requirements that a student must meet to complete the course;

(e) the teaching methods used in the course;

"curriculum" means a plan that sets out learning activities and how learning activities must be designed in order to meet the learning objectives of a program of instruction;

"employer provided program" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"extraprovincial company" has the same meaning as in section 1 (1) of the Business Corporations Act;

"extraprovincial non-share corporation" has the same meaning as in section 1 [definitions] of the Societies Act;

"federal regulator" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"firm" has the same meaning as in section 1 [definitions] of the Partnership Act;

"full time", in relation to an approved program of instruction, means

(a) instructional time of 20 or more hours of instruction per week, or

(b) if the program leads to employment in a career occupation regulated by the federal regulator, instructional time of 15 or more hours of instruction per week;

"health regulatory body" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"host organization" means a person that provides a work experience component;

"hour of instruction" means, in respect of an institution, an hour in which students of the institution receive instruction in a program of instruction, but does not include recesses, lunch periods or other scheduled breaks between classes;

"Indigenous institution" has the same meaning as in section 1 [definitions] of the Fees and Student Tuition Protection Fund Regulation;

"intermittent intake model" means a student intake model in which students are admitted into a program of instruction at particular times of the year;

"international student" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"language program" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"letter of acceptance" means a letter issued by an institution for the purposes of Immigration, Refugees and Citizenship Canada processing an international student's application for a study permit;

"limited partnership" means a limited partnership within the meaning of Part 3 of the Partnership Act;

"major shareholder" means a person who holds more than 50% of shares carrying the right to vote at general meetings of any of the following:

(a) a company;

(b) an extraprovincial company;

(c) a corporation, other than a company, an extraprovincial company, a society or an extraprovincial non-share corporation;

"method of delivery" includes the following:

(a) distance education;

(b) in-class instruction;

(c) a method that incorporates both distance education and in-class instruction;

"notice of dismissal" means a certified institution's written notice advising a student enrolled in an approved program of instruction that the student is dismissed from the program;

"notice of withdrawal" means a student's written notice advising a certified institution that the student is withdrawing from an approved program of instruction in which the student is enrolled;

"other signatory" has the same meaning as in the Fees and Student Tuition Protection Fund Regulation;

"part time", in relation to an approved program of instruction, means

(a) instructional time of less than 20 hours of instruction per week, or

(b) if the program leads to employment in a career occupation that is regulated by the federal regulator, instructional time of less than 15 hours of instruction per week;

"program outline" means an outline for a program of instruction that includes all of the following:

(a) the title of the program;

(b) the learning objectives of the program;

(c) a description of the method of evaluation used to assess a student, if there is an evaluation in addition to the one included in a course outline for a course that is part of the program;

(d) the requirements that a student must meet to complete the program;

(e) a list of the titles of the courses that are part of the program;

(f) the number of hours of instruction for each course that is part of the program;

(g) the number of hours of instruction for each work experience component of the program;

(h) in respect of career-related programs of instruction, the career occupation for which the program is intended to prepare a student;

(i) the admission requirements for the program;

"regulator" means

(a) the federal regulator,

(b) a health regulatory body, or

(c) a statutory regulatory body;

"related fees" means fees related to a program of instruction, including administrative fees, application fees, assessment fees and fees charged for course materials;

"related party", in respect of an institution, means a person who is related to the institution in that the institution could have direct or indirect control or influence over the person, or the person could have direct or indirect control or influence over the institution;

"senior educational administrator" means an individual employed or retained by a certified institution who

(a) has a degree, diploma or certificate, or comparable education or work experience, in adult education, and

(b) is responsible for the following:

(i) ensuring that the course outline, the curriculum and the program outline of an approved program of instruction are relevant to the program's learning objectives;

(ii) overseeing a performance evaluation process for instructors who provide an approved program of instruction;

"sexual misconduct" has the same meaning as in the Sexual Violence and Misconduct Policy Act;

"society" has the same meaning as in section 1 of the Societies Act;

"sole proprietorship" means a person who is engaged in the business of operating an institution and who is not associated in partnership with any other person or persons;

"statutory regulatory body" means a Provincial statutory body, other than a health regulatory body, that requires membership, accreditation, licensing or registration for an individual to be authorized to work in a career occupation regulated by the statutory body;

"student enrolment contract" has the same meaning as in section 1 of the Fees and Student Tuition Protection Fund Regulation;

"student intake model" means the following:

(a) a continuous intake model;

(b) an intermittent intake model;

"student policies" means all of the following:

(a) the student attendance policy required under section 40 (2) [student attendance compliance standards];

(b) the student dismissal policy required under section 47 (2) [student dismissal compliance standards];

(c) the student grade appeal policy required under section 43 (2) [grade appeal compliance standards];

(d) the work experience component policy required under section 41 (2) [work experience component compliance standards];

(d.1) the sexual misconduct policy required under section 48.1 [sexual misconduct policy compliance standards];

(e) the dispute resolution process required under section 62 (1) [dispute resolution process];

"study permit" means a study permit issued under the Immigration and Refugee Protection Act (Canada);

"teaching method" includes the following methods:

(a) teaching in a seminar format;

(b) teaching in a laboratory;

(c) teaching in a lecture format;

"tuition refund policy" means the policy established by a certified institution under section 28;

"work experience component" means a required part of an approved program of instruction that is provided by a host organization in which a student obtains practical skills relevant to the learning objectives of the program;

"work experience component monitoring" means monitoring by a certified institution of a student while the student participates in a work experience component by reviewing whether the student

(a) is attending the work experience component, and

(b) is meeting the learning objectives of the approved program of instruction.

[am. B.C. Regs. 153/2016, Sch. 2, s. 1 and Sch. 3, s. 1; 122/2021, Sch. 1, s. 1; 217/2021, Sch. s. 1.]

Provision of documents

2   In this regulation, if an institution must provide a document, or a copy of a document, to a student, the institution must provide the document or copy to the student

(a) in person,

(b) by email to the student's email address, or

(c) by registered mail to the student's mailing address in Canada.

Prescribed occupations

3   For the purposes of the definition of "career occupation" in section 1 [definitions] of the Act, the following occupations are prescribed:

(a) an occupation described in the current edition of the National Occupational Classification as follows:

(i) 4154 (professional occupations in religion);

(ii) 4217 (other religious occupations);

(iii) 5232 (other performers n.e.c.);

(iv) 6564 (other personal service occupations), other than feng shui practitioner, massager, masseur/masseuse and Reiki master;

(b) an occupation of driving motor vehicles that requires a driver to hold a class 1, 2, 3, 4, 1L, 2L, 3L or 4L driver's licence or an endorsement to operate a vehicle equipped with air brakes under the Motor Vehicle Act;

(c) the occupation of driver training instructor as defined in section 27.01 [definitions] of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

Career training program thresholds

4   For the purposes of

(a) section 2 (a) [certificate required to provide career training programs] of the Act, the tuition prescribed is $4 000, and

(b) section 2 (b) of the Act, the instructional time prescribed is 40 hours of instruction.

Application for certificate

5   (1) For the purposes of section 6 (a) [application for certificate] of the Act, if an institution applying for a registration certificate or a designation certificate does not hold a certificate on the institution's certificate application date, the institution's application must include the following information and records:

(a) if the institution is a company,

(i) the name of its major shareholder,

(ii) a copy of its central securities register maintained under section 111 [securities registers] of the Business Corporations Act, and

(iii) a certificate of good standing;

(b) if the institution is an extraprovincial company, the name of its major shareholder;

(c) if the institution is a corporation, other than a company, an extraprovincial company, a society or an extraprovincial non-share corporation, the name of its major shareholder;

(d) if the institution is a partnership within the meaning of the Partnership Act or under the laws of a jurisdiction other than British Columbia, other than a limited partnership, a signed copy of the partnership agreement;

(e) if the institution is a limited partnership, the names of its general partners;

(f) if the institution is a society or extraprovincial non-share corporation,

(i) the names of its directors as defined in section 1 of the Societies Act, and

(ii) a copy of the most recent annual report filed under section 73 (1) [society must file annual report] or 177 [registered extraprovincial non-share corporation must file annual report] of that Act, as the case may be;

(g) if the institution is a sole proprietorship, the full name of the proprietor;

(h) if the institution is an Indigenous institution, the legal name of the entity that operates the institution;

(i) evidence that the institution has a valid British Columbia Electronic Identification;

(j) evidence that the institution has obtained general liability insurance;

(k) a written declaration by a person who has the legal authority to act on behalf of the institution as to whether the institution, or an associated institution within the meaning of section 46 [associated institutions] of the Act,

(i) has suspended operations in any jurisdiction, or

(ii) has been closed or involved in an action in any jurisdiction respecting the closure of the institution;

(l) copies of the following:

(i) the institution's business licence, if the institution holds a business licence issued by a local government;

(ii) the institution's business plan;

(iii) the student enrolment contract used by the institution for approved programs of instruction and for programs of instruction that do not require approval;

(iv) a description of the institution's proposed dispute resolution process.

(2) For the purposes of subsection (1) (l) (ii), the institution's business plan must include the following:

(a) a description of the programs of instruction the institution provides or intends to provide;

(b) an analysis of the market for the programs of instruction the institution provides or intends to provide;

(c) a description of any agreements the institution has entered into, or intends to enter into, with another entity to provide a program of instruction, or part of a program of instruction, except as the agreement relates to a work experience component;

(d) the number of students the institution estimates will enroll in each program of instruction in each of the next 3 years;

(e) a description of the institution's student recruitment process;

(f) operational expenses the institution estimates it will incur in the next year;

(g) capital costs the institution estimates it will incur in the next 3 years;

(h) revenue sources of the institution the institution estimates it will have in the next 3 years;

(i) estimates of what the institution will earn from each revenue source during the next 3 fiscal years, including the total tuition the institution estimates it will earn in respect of programs of instruction that require approval;

(j) a copy of the institution's current balance sheet.

[am. B.C. Regs. 153/2016, Sch. 2, s. 2; 122/2021, Sch. 1, s. 2; 217/2021, Sch. s. 2.]

Application for certificate by institution holding certificate

6   For the purposes of section 6 (a) [application for certificate] of the Act, if an institution applying for a registration certificate or a designation certificate holds a certificate on the institution's certificate application date, the institution's application must include

(a) the information and records required under section 5 (1) of this regulation, except those required under section 5 (1) (a) (ii), (f) (ii) and (l), or

(b) the following information and records from a person who has the legal authority to act on behalf of the institution:

(i) identification of the information and records previously provided under section 5 (1) (a) (i) and (iii), (b) to (f) (i) and (g) to (k);

(ii) a written declaration that the information and records identified under subparagraph (i) continue to be accurate;

(iii) if there is any change in the information or records identified in subparagraph (i), updated information and records.

Requirements for issuance of registration or designation certificate

7   (1) Repealed. [B.C. Reg. 67/2018, s. 1 (a).]

(2) For the purposes of section 7 (1) (a) [registrar issues certificates] of the Act, the following requirements are prescribed for a registration certificate:

(a) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 3 (a).]

(b) the institution must pay any outstanding administrative penalties, fees, fines or payments to the fund;

(c) the institution must have a valid British Columbia Electronic Identification;

(d) the institution must have general liability insurance;

(e) if the institution holds a certificate, the institution must provide the financial statements required under section 51 [reporting requirements] and the student data report under section 53 [additional reporting requirements — student data reports];

(f) the institution must be fit and proper to provide a career training program;

(g) if the institution has continuously held a certificate under the Act for the last 2 years, the institution must have provided an approved program in at least one of those years.

(3) Subject to subsection (6), for the purposes of section 7 (1) (a) of the Act, the following requirements are prescribed for a designation certificate:

(a) the requirements prescribed under subsection (2) of this section;

(b) the institution must have continuously held a certificate under the Act for the last year;

(c) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 3 (b).]

(d) Repealed. [B.C. Reg. 67/2018, s. 1 (c).]

(e) the institution must have students enrolled in at least 50% of its approved programs of instruction or must have had students enrolled in at least 50% of its approved programs of instruction at one time in the one-year period that ends on the expiry date included in the institution's current certificate;

(f) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 3 (b).]

(4) The requirements set out in subsections (2) (f) and (g) and (3) (b) and (e) do not apply to an Indigenous institution.

(5) Repealed. [B.C. Reg. 67/2018, s. 1 (g).]

(6) If an institution applying for a registration certificate or a designation certificate does not hold a certificate on the institution's certificate application date, the institution, in addition to the requirements prescribed under subsections (2) and (3), must ensure that one of the following persons has participated in an orientation session provided by the registrar within 6 months of the institution's certificate application date:

(a) a person who has the legal authority to act on behalf of the institution;

(b) a senior educational administrator of the institution.

[am. B.C. Regs. 216/2016; 67/2018; 122/2021, Sch. 1, s. 3 and Sch. 2, s. 1, as am. by 217/2021, s. (b); 217/2021, Sch. s. 2.]

Requirements for issuance of interim designation certificate

8   For the purposes of section 7 (2) (a) [registrar issues certificates] of the Act, the following requirements are prescribed for an interim designation certificate:

(a) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 4.]

(b) the institution must pay any outstanding administrative penalties, fees, fines or payments to the fund;

(c) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 4.]

(d) the institution must have a valid British Columbia Electronic Identification;

(e) the institution must have general liability insurance;

(f) if the institution holds a certificate, the institution must provide the financial statements required under section 51 [reporting requirements] and the student data report under section 53 [additional reporting requirements — student data reports];

(g) the institution must be fit and proper to provide a career training program;

(h) if the institution has continuously held a certificate under the Act for the last 2 years, the institution must have provided an approved program in at least one of those years.

[am. B.C. Reg. 122/2021, Sch. 1, s. 4 and Sch. 2, s. 2.]

Certificate continuation application deadline

9   For the purposes of section 10 [continuation of certificate term if application made before deadline] of the Act, the deadline prescribed is 60 days before the expiry date included in the institution's current certificate.

[am. B.C. Reg. 122/2021, Sch. 1, s. 5.]

Classes of programs requiring approval

10   (1) Subject to subsection (2) of this section, for the purposes of section 11 (1) [requirement for approval] of the Act, the following classes of programs of instruction are prescribed as requiring approval:

(a) career training programs;

(b) career-related programs of instruction, other than career training programs, provided by an institution that holds an interim designation certificate or a designation certificate or is applying for a designation certificate, for which the tuition is equal to or greater than $1 000;

(c) language programs provided by an institution that holds an interim designation certificate or a designation certificate or is applying for a designation certificate.

(2) A class listed in subsection (1) does not include the following programs of instruction:

(a) a program of instruction that has been approved by the registrar;

(b) an employer provided program that is not provided to international students who require a study permit.

Approval process

11   (1) For the purposes of section 12 (3) (a) [program approval process] of the Act, the registrar must review the information and records listed in section 12 of this regulation submitted by an institution to decide whether a program of instruction is in a class prescribed under section 10 of this regulation as requiring approval.

(2) For the purposes of section 12 (3) (b) of the Act, when deciding whether to approve a program of instruction, the registrar must do both of the following:

(a) review all the information and records listed in section 13 [information and records required for decision whether to approve program of instruction] of this regulation submitted by an institution;

(b) take into account the considerations set out in section 14 [considerations for approval] of this regulation.

Information and records required for decision whether program of instruction requires approval

12   For the purposes of section 12 (2) (a) [program approval process] of the Act, an institution must submit the following information and records to the registrar in respect of a program of instruction:

(a) the amount of tuition and related fees for the program;

(b) the number of hours of instruction of the program;

(c) the number of weeks of the program during which students enrolled in the institution receive instruction;

(d) the program outline;

(e) the location where the institution provides, or from which the institution provides, the program.

Information and records required for decision whether to approve program of instruction

13   (1) For the purposes of section 12 (2) (a) [program approval process] of the Act, an institution must submit the following additional information and records to the registrar in respect of the program of instruction:

(a) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 6 (a).]

(b) the student intake model;

(c) if the student intake model is an intermittent model, the number of intakes throughout the program;

(d) the maximum number of students that may be admitted to the program;

(e) a course outline for each course that is part of the program and the order in which courses will be provided;

(f) a list of equipment and facilities the institution uses to provide the program;

(g) a description of the method of delivery for the program;

(h) a description of the course materials provided to students enrolled in the program, including the language of the materials;

(i) the language of instruction of the program;

(j) whether the program is offered as a full time program, a part time program or both;

(k) if the program includes a work experience component,

(i) the institution's written work experience component policy,

(ii) a list of all of the host organizations that will provide work experience components to students, and

(iii) a description of the activities that the students will undertake during work experience components;

(l) if the institution has entered into, or intends to enter into, an agreement with another entity to provide the program, or part of the program, except as the agreement relates to a work experience component, a copy of the agreement;

(m) if the program of instruction is a Class A program, the credential that will be granted for the program;

(n) if the program of instruction is a Class A program or a Class B program, whether the program leads to employment in a career occupation regulated by a regulator and, if so, the name of the regulator;

(o) if the program of instruction is a Class A program offered at an institution that holds an interim designation certificate or a designation certificate, subject to subsection (3), an evaluation of the program.

(2) For the purposes of subsection (1) (o), an evaluation must

(a) be conducted by an individual who

(i) has expertise in career occupations that are relevant to the program of instruction, and

(ii) is not a related party and receives no benefit from the institution other than the payment for the evaluation, and

(b) subject to subsection (3), set out the evaluator's opinion about the following:

(i) whether a proposed program of instruction, including the course outlines, the curriculum and the program outline, is appropriate to enable students to meet the learning objectives of the program;

(ii) all of the considerations listed in section 14 (1) (a) to (e);

(iii) the location where the institution provides the program of instruction, based on at least one site visit to the location;

(iv) any other matter that the evaluator considers relevant in respect of the approval of the program of instruction.

(3) The registrar may

(a) waive the requirement under subsection (1) (o) for an evaluation of a program, or

(b) waive a requirement that the evaluation include the evaluator's opinion about one or more of the matters referred to in subsection (2) (b) (i) to (iii).

[am. B.C. Reg. 122/2021, Sch. 1, s. 6.]

Considerations for approval

14   (1) The registrar must take into account the following considerations when deciding whether to approve a program of instruction:

(a) whether the title of the program is consistent with the learning objectives of the program;

(a.1) whether the learning objectives of the program are relevant to the career occupation for which the program is intended to prepare the student;

(b) whether the program leads to a credential;

(c) whether the following are appropriate to enable students to meet the learning objectives of the program:

(i) the admission requirements for the program;

(ii) the student intake model;

(iii) the maximum number of students that may be admitted to the program;

(iv) the course outlines and the program outline;

(v) subject to subsection (2), the equipment and facilities the institution uses to provide the program;

(vi) the method of delivery for the program;

(vii) the order in which courses are provided;

(viii) the number of hours of instruction of the program;

(d) whether the course materials are relevant to the program and in the language in which the program is provided or in a language appropriate for the program;

(e) if the program includes a work experience component, whether the institution has a written work experience component policy that meets the work experience component standard prescribed under section 41 (2) and (3) [work experience component compliance standards];

(f) whether the institution has entered into, or intends to enter into, an agreement with another entity to provide the program, or part of the program, except as the agreement relates to a work experience component;

(g) if the program is a Class A program offered by an institution that holds an interim designation certificate or a designation certificate, the evaluation, if any, of the program under section 13 (1) (o);

(h) any information or records required by the registrar under section 12 (2) (b) [program approval process] of the Act.

(2) If an institution does not hold a certificate at the time the registrar is deciding, under subsection (1), whether to approve a program of instruction, the registrar must inspect the equipment and facilities referred to in subsection (1) (c) (v).

[am. B.C. Reg. 122/2021, Sch. 1, s. 7.]

Definitions for this Part and interpretation

15   (1) In this Part:

"clinical placement" means a type of work experience component

(a) that is part of an approved program of instruction that leads to employment in a career occupation in the health field,

(b) in which no more than 12 students are supervised by one instructor, and

(c) that, subject to subsection (2), consists of not more than 50% of the hours of instruction of an approved program of instruction;

"cooperative placement" means a type of work experience component

(a) that, subject to subsection (2), consists of not more than 50% of the hours of instruction of an approved program of instruction, and

(b) subject to subsection (3) for which a student is paid;

"effective contract date" means, in relation to a student enrolment contract, the later of the following dates:

(a) the date the student, or other signatory, signs the student enrolment contract;

(b) the date a person who has the legal authority to act on behalf of the certified institution signs the student enrolment contract;

"grade appeal process" means the process set out in a policy established under section 43 [grade appeal compliance standards];

"practicum" means a type of work experience component

(a) that, subject to subsection (2), consists of not more than 20% of the hours of instruction of an approved program of instruction, and

(b) for which a student is not paid;

"preceptor" means an individual who is qualified to practise in the health field and who provides support and learning experiences to students;

"preceptorship" means a type of work experience component

(a) in which one student is supervised by one preceptor, and

(b) that, subject to subsection (2), consists of not more than 10% of the hours of instruction of an approved program of instruction.

(2) A work experience component may consist of more than the percentage of hours of instruction referred to in the applicable definition in subsection (1) if the work experience component is part of a program of instruction that leads to employment in a career occupation that is regulated by a regulator and the regulator requires

(a) a higher percentage of hours of instruction, or

(b) a higher number of hours of instruction resulting in a higher percentage of hours of instruction.

(3) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 8 (b).]

[am. B.C. Reg. 122/2021, Sch. 1, s. 8.]

Prescribed compliance standards

16   For the purposes of the definition of "compliance standards" in section 1 of the Act, the compliance standards set out in this Part are prescribed for certified institutions.

General compliance standards

17   (1) The general compliance standards set out in this section are prescribed for a certified institution.

(2) A certified institution must do all of the following:

(a) clearly identify in its publications, including on its website, if the institution has a website, whether a program of instruction provided by the institution has been approved by the registrar;

(b) in its records and publications, including on its website, if the institution has a website, use the title of an approved program of instruction that has been approved by the registrar as the title of the program of instruction;

(c) have a current organizational chart;

(d) ensure that each staff member's title accurately reflects all of the member's main job duties;

(e) maintain a valid British Columbia Electronic Identification;

(f) if the institution has a website, provide a link on that website to the website of the Branch;

(g) ensure that the equipment and facilities the institution uses to provide a program enable students to meet the learning objectives of the program;

(h) provide students with notice, in accordance with subsection (4), of an inspection to be conducted under section 29 of the Act, other than an unscheduled inspection;

(i) if the institution offers to provide a Class A or Class B program, include the following information, in relation to each Class A or Class B program, on its website, if the institution has a website:

(i) the admission requirements for the program;

(ii) the amount of tuition and related fees for the program;

(iii) whether the program leads to employment in a career occupation regulated by a regulator;

(iv) if the program leads to employment in a career occupation regulated by a regulator, a link to the website of the regulator;

(v) the career occupations for which the program is intended to prepare students;

(j) ensure that the information in its publications and its website, if the institution has a website, is accurate and current;

(k) if the institution has a website, include on the website the institution's tuition refund policy;

(l) ensure that it does not offer a program that requires approval until the information and records in relation to the program have been submitted to the registrar under section 12;

(m) ensure that any offer of a program that requires approval but that has not yet been approved states that approval is required and has not yet been received.

(3) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 9 (c).]

(4) A notice referred to in subsection (2) (h)

(a) must, within 24 hours after the institution receives notice of the inspection, be posted in a prominent place at the location where the inspection is to be conducted, and

(b) must contain the date, time and location of the inspection and the website of the Branch.

[am. B.C. Regs. 153/2016, Sch. 4, s. 1; 122/2021, Sch. 1, s. 9.]

Additional general compliance standards — approved programs of instruction

18   (1) In addition to the other general compliance standards prescribed under this Division, the general compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must do all of the following in relation to an approved program of instruction:

(a) maintain admission requirements

(i) that are applied consistently to all students applying to be enrolled in the program, and

(ii) that make it likely that a student who meets those requirements will meet the learning objectives of the program;

(a.1) ensure that the title of a program is consistent with the learning objectives of the program;

(a.2) ensure that the learning objectives of a program are relevant to the career occupation for which the program is intended to prepare students;

(b) maintain course outlines, a curriculum and a program outline that enable students to meet the learning objectives of the program;

(c) ensure that the following enable students to meet the learning objectives of the program:

(i) the number of hours of instruction of the program;

(ii) the number of students enrolled in the program;

(iii) the method of delivery for the program;

(iv) the order in which courses are provided;

(v) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 10 (b).]

(vi) the student intake model;

(d) ensure that students are provided with a copy of the course outline on the first day of a course;

(e) ensure that the course materials provided to students are relevant to the program;

(f) if the instructional time of the program is equal to or greater than 40 hours of instruction, ensure that students receive a written evaluation on a regular basis and at least once before 30% of the hours of instruction of the program have been provided;

(g) ensure that students are provided with copies of the student policies of the institution before the start date of the program;

(h) ensure that the teaching methods used in the program are appropriate to enable students to meet the learning objectives of the program;

(i) apply all of its student policies consistently to all students;

(j) ensure that the institution provides over 50% of the hours of instruction of the program, except as they relate to a work experience component;

(k) in relation to Class A programs and Class B programs, ensure that course materials are in the language in which the program is provided;

(l) in relation to Class A programs and Class B programs leading to employment in a career occupation that is regulated by a regulator, maintain evidence that the institution meets the regulator's requirements;

(m) in relation to Class C programs, ensure that course materials are in a language appropriate to the program.

(3) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 10 (d).]

(4) A certified institution must not compel a student to purchase required course materials from a specific source.

[am. B.C. Reg. 122/2021, Sch. 1, s. 10.]

Additional general compliance standards — program advisory committee

19   (1) In this section, "program advisory committee" means a committee that

(a) consists of at least the following:

(i) individuals who

(A) have experience in career occupations that are relevant to approved career training programs of instruction, and

(B) are not related parties;

(ii) one staff member of the institution, who is the secretary of the committee, and

(b) makes recommendations to the institution in respect of an approved career training program of instruction, or in respect of a group of related approved career training programs, to ensure that programs of instruction reflect current practice in those career occupations.

(2) Subject to subsection (3), in addition to the other general compliance standards prescribed under this Division, a certified institution that holds an interim designation certificate or a designation certificate in relation to Class A programs must

(a) establish a program advisory committee for each approved career training program of instruction, or for a group of related approved career training programs, provided by the institution,

(b) ensure that each committee meets on a regular basis and, at a minimum, once every 2 years, and

(c) keep written records of each committee meeting for at least 4 years after the date of the committee meeting.

(3) This standard does not apply to a certified institution in relation to an approved program of instruction that leads to employment in a career occupation regulated by the federal regulator.

[am. B.C. Reg. 122/2021, Sch. 1, s. 11.]

Staffing and instructor compliance standards

20   (1) In this section, "qualified instructor" means an instructor who meets the requirements set out in this Division.

(2) A certified institution must have adequate staffing and an adequate number of qualified instructors to provide approved programs of instruction.

(3) Without limiting subsection (2), a certified institution that holds an interim designation certificate or a designation certificate must have a senior educational administrator.

[am. B.C. Reg. 122/2021, Sch. 1, s. 12.]

Instructor qualification compliance standards

21   (1) In addition to the other staffing and instructor compliance standards prescribed under this Division, the instructor qualification compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) Subject to subsection (3), a certified institution must ensure all of the following in relation to an instructor of an approved program of instruction:

(a) the instructor of an academic course, other than a language course or an Indigenous culture course, must have a relevant post-secondary degree in the subject area of the course;

(b) the instructor of a vocational or practical course must have

(i) a certificate, diploma or post-secondary degree relevant to the subject matter of the course and 2 years of work experience in a career occupation relevant to the subject matter of the course, or

(ii) 10 years of work experience in a career occupation relevant to the subject matter of the course;

(c) the instructor of a language course, other than an Indigenous language course, must have one of the following:

(i) a post-secondary degree in language instruction;

(ii) a certificate or diploma in language instruction and 2 years of work experience teaching a language;

(iii) 10 years of work experience teaching a language;

(iv) a certificate or diploma in language instruction and a post-secondary degree;

(d) if the institution holds an interim designation certificate or a designation certificate,

(i) each instructor must undergo a written performance evaluation every 2 years, and

(ii) those performance evaluations must be undertaken by or caused to be undertaken by a senior educational administrator;

(e) the institution must keep a record for each instructor, for at least 2 years after the date the instructor ceased to be an instructor at the institution, that includes the following:

(i) evidence that the instructor meets the required qualifications prescribed under this Division;

(ii) a copy of each performance evaluation required under paragraph (d) (i), if applicable.

(3) Subsection (2) (a), (b) and (c) does not apply in relation to an instructor of a course that is part of an approved program of instruction that leads to employment in a career occupation that is regulated by a regulator if the regulator has requirements in respect of qualifications for instructors.

[am. B.C. Regs. 122/2021, Sch. 1, s. 13; 217/2021, Sch. s. 3.]

Instructor compliance standards — exceptions

22   (1) Subject to subsection (2), despite the instructor compliance standards prescribed under this Division, a certified institution may employ or retain, for a course that is part of an approved program of instruction, a substitute instructor who does not meet the requirements set out in this Division if no more than 10% of the hours of instruction of the program are taught by substitute instructors who are not qualified instructors.

(2) Subsection (1) does not apply in relation to an approved program of instruction that leads to employment in a career occupation that is regulated by a regulator if the regulator has requirements in respect of qualifications for instructors.

Senior educational administrator compliance standards

22.1   A certified institution must keep a record for each senior educational administrator, for a period of at least 2 years after the date the person ceased to be a senior educational administrator at the institution, that includes evidence that the person meets the requirements set out in this regulation.

[en. B.C. Reg. 122/2021, Sch. 1, s. 14.]

Requirement for student enrolment contract

23   (1) The student enrolment contract compliance standards set out in this section are prescribed for a certified institution.

(2) Subject to subsection (3), a certified institution must enter into a written student enrolment contract with a student on or before the start date of a program of instruction in which the student is enrolled.

(3) Subsection (2) does not apply in relation to a certified institution in relation to an employer provided program.

(4) A certified institution must ensure that a student enrolment contract sets out accurate information about the program of instruction.

[am. B.C. Reg. 122/2021, Sch. 1, s. 15.]

Form and content of student enrolment contract

24   (1) In addition to other student enrolment contract compliance standards prescribed under this Division, the student enrolment contract compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must ensure that a student enrolment contract

(a) is written in a clear and comprehensible manner and in not less than 10 point type,

(b) is for a term not longer than 18 months, and

(c) includes the information set out in subsections (3) to (6).

(2.1) If a program in which a student is enrolling requires more than 18 months to complete, a certified institution may enter into a subsequent student enrolment contract with the student, but only after 30% of the hours of instruction of the program have been provided.

(3) For the purposes of subsection (2) (c), a student enrolment contract must include all of the following information in relation to the institution and the student:

(a) if the institution is not an individual, the full legal name and the operating name the institution uses;

(b) if the institution is an individual, the full name and the operating name the institution uses;

(c) a mailing address, telephone number, email address and, if applicable, fax number for the location where the institution provides, or from which the institution provides, the program of instruction;

(d) whether the certified institution holds a registration certificate, an interim designation certificate or a designation certificate;

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

(f) if the student is an international student, the student's mailing address in Canada, if the student has a mailing address in Canada;

(g) if the student has a personal education number, that number;

(h) the student's date of birth and gender.

(4) For the purposes of subsection (2) (c), a student enrolment contract must include all of the following information in relation to programs of instruction:

(a) the title of the program in which the student is enrolling;

(b) the program outline of the program in which the student is enrolling;

(c) the number of hours of instruction of the program that will be provided during the term of the student enrolment contract;

(d) the start date and end date of the program or the part of the program of instruction that will be provided during the term of the student enrolment contract;

(e) the number of weeks of the program during which students receive instruction;

(f) the language in which the program will be provided;

(g) the method of delivery of the program;

(h) if applicable, a description of the course materials and technological resources required to meet the learning objectives of the program that are not provided by the institution;

(i) if applicable, information about the work experience component of the program, including

(i) the requirements for participation in the work experience component,

(ii) an estimate of the costs, if any, for a student to complete the work experience component,

(iii) the geographic area or region of the Province where the work experience component will be provided,

(iv) the date or dates on which the institution plans to provide the work experience component, and

(v) the number of hours of instruction of the work experience component;

(j) the credential granted on completion of the program;

(k) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 16 (b).]

(l) the amount of tuition for the program that is payable during the term of the student enrolment contract.

(5) For the purposes of subsection (2) (c), a student enrolment contract must include all of the following additional information:

(a) a list of all related fees applicable to the program of instruction;

(b) a list of any other mandatory fees the institution may require a student to pay other than in respect of an approved program of instruction;

(c) the method of payment by which the student must pay tuition and other fees listed in subsections (4) (l) and (5) (a) and (b);

(d) the institution's tuition refund policy;

(e) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 16 (d).]

(f) if the program of instruction leads to employment in a career occupation that is regulated by a regulator, the requirements of the regulator for employment in the career occupation.

(6) A certified institution must include the following 3 statements in a student enrolment contract:

"Please be advised that under section 61 of the Private Training Act, the Registrar is authorized to collect, use and disclose personal information in accordance with the Registrar's regulatory duties under that Act. Accordingly, this institution is authorized to disclose your personal information to the Registrar for regulatory purposes."

"I consent to the sharing, in accordance with applicable Provincial privacy legislation, of my enrolment and reporting information between [insert name of institution] and Immigration, Refugees and Citizenship Canada, as necessary, for the purposes of the International Student Program."

"This institution is certified by the Private Training Institutions Branch (PTIB). Certified institutions must comply with regulatory requirements relating to, among other things, student enrolment contracts, tuition refunds and instructor qualifications. For more information about PTIB, go to www.privatetraininginstitutions.gov.bc.ca."

(7) A student enrolment contract must be dated and signed by

(a) the student or other signatory, and

(b) a person who has the legal authority to act on behalf of the institution.

(8) A certified institution must, as soon as practicable, provide to the student a copy of the signed student enrolment contract.

[am. B.C. Reg. 122/2021, Sch. 1, s. 16.]

Student enrolment contract compliance standards — specified institutions

25   (1) The student enrolment contract compliance standards set out in this section are prescribed for a certified institution in relation to programs of instruction that, subject to subsection (2), do not require approval.

(2) The programs of instruction in subsection (1) do not include programs of instruction that have been approved by the registrar.

(3) A certified institution must include the following information in the student enrolment contract:

(a) a statement that the program of instruction does not require approval under the Act;

(b) a statement that a student may not file a claim against the fund with the trustee in respect of the program of instruction;

(c) an explanation of a student's rights in relation to a refund of tuition for the program of instruction;

(d) the start date of the program;

(e) the amount of tuition and related fees for the program.

[am. B.C. Reg. 122/2021, Sch. 1, s. 17.]

Repealed

26   Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 18.]

Fee and tuition compliance standards for approved programs

27   The fee and tuition compliance standards set out in this Division are prescribed for a certified institution in relation to an approved program of instruction, other than an employer provided program.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Tuition refund policy

28   A certified institution must establish a written tuition refund policy that complies with this Division.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

When tuition can be accepted

29   A certified institution must not accept any tuition or related fees payable for an approved program of instruction unless the institution has first provided the student with a copy of the institution's tuition refund policy.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

General rules in relation to fees

30   (1) A certified institution must not charge an application fee, for an approved program of instruction, that is greater than the following applicable amount:

(a) in the case of an international student, $1 000;

(b) in the case of any other student, $250.

(2) A certified institution must not charge a student an assessment fee, for an approved program of instruction, that is greater than $250.

(3) A certified institution

(a) must not charge a student for an initial letter of acceptance in relation to an approved program of instruction, and

(b) may charge a student a fee for one or more additional letters of acceptance in relation to an approved program of instruction if the fee or fees charged for all additional letters of acceptance do not, in total, exceed $250.

(4) Subject to sections 31 to 34, a certified institution is not required to refund related fees paid by or on behalf of a student in relation to an approved program of instruction.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Full refund of tuition and related fees — all students

31   Despite anything in this Division, a certified institution must, if all of the following apply, refund all of the tuition and all related fees paid to the institution by or on behalf of a student for an approved program of instruction:

(a) the student is enrolled in the program without having met the admission requirements for the program;

(b) the student did not misrepresent the student's knowledge or skills when applying for admission;

(c) the registrar orders the institution to refund the tuition and related fees.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Full refund of tuition and specified fees — all students

32   (1) Without limiting section 31 and despite anything else in this Division, a certified institution must, in either of the following circumstances, refund all of the tuition and all related fees, other than application fees, paid to the institution by or on behalf of a student for an approved program of instruction:

(a) if the institution receives a notice of withdrawal from the student no later than 7 days after the student, or other signatory, signs the student enrolment contract and before the start date of the program set out in the student enrolment contract;

(b) subject to subsection (2), if all of the following apply:

(i) the student is attending the program;

(ii) the student does not attend a work experience component of the program;

(iii) the institution does not provide all of the hours of instruction of the work experience component of the program before the date that is 30 days after the end date set out in the student enrolment contract.

(2) Subsection (1) does not apply if the registrar determines that the institution was prevented, by circumstances beyond its control, from providing all of the hours of instruction of the work experience component of the program by the deadline referred to in subsection (1) (b) (iii).

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Full refund of tuition and specified fees — international students

33   Without limiting sections 31 and 32 and despite anything else in this Division, a certified institution must, if all of the following apply, refund all of the tuition and all related fees, other than application fees, paid to the institution by or on behalf of an international student for an approved program of instruction, other than a program provided solely through distance education:

(a) the international student is refused a study permit in relation to the program;

(b) the international student has not requested an additional letter of acceptance for the same program for which the study permit was refused;

(c) the international student delivers to the institution a copy of the refusal of the study permit before the date on which 30% of the hours of instruction of the program would have been provided to the student had the student started the program on the later of the following:

(i) the start date of the program set out in the last letter of acceptance issued to the student by the institution;

(ii) the start date of the program set out in the student enrolment contract.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Refund of fees for course materials — all students

34   Without limiting sections 31 to 33, a certified institution must refund fees charged for course materials paid by or on behalf of a student enrolled in an approved program of instruction if the student does not receive the course materials and any of the following apply in relation to the program:

(a) the student provides a notice of withdrawal to the institution;

(b) the institution provides a notice of dismissal to the student;

(c) the student does not attend any of the first 30% of the hours of instruction of the program.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Partial refunds or recovery of tuition

35   (1) In this section, "completed", in relation to an approved program of instruction provided solely through distance education, means that a student has received an evaluation of the student's performance for a specified percentage of the hours of instruction of the program.

(2) A certified institution may retain up to 50% of the amount of tuition paid by or on behalf of a student in relation to an approved program of instruction, other than a program provided solely through distance education, if the student does not attend any of the first 30% of the hours of instruction of the program.

(3) A certified institution may, in the following circumstances, retain or recover, as the case may be, up to 50% of the amount of tuition paid or payable under a student enrolment contract in relation to an approved program of instruction, other than a program provided solely through distance education:

(a) the institution receives a notice of withdrawal from the student after the date on which more than 10%, but less than 30%, of the hours of instruction of the program have been provided;

(b) the institution provides a notice of dismissal to the student and, on the date the notice is delivered to the student, the institution has provided more than 10%, but less than 30%, of the hours of instruction of the program.

(4) A certified institution may, if both of the following apply, retain or recover, as the case may be, up to 50% of the tuition paid or payable under a student enrolment contract in relation to an approved program of instruction provided solely through distance education:

(a) the institution receives a notice of withdrawal from the student or provides a notice of dismissal to the student;

(b) on the date the notice is received or delivered, as the case may be, the student has completed more than 30%, but less than 50%, of the program.

(5) A certified institution may, in the following circumstances, retain or recover, as the case may be, up to 30% of the tuition paid or payable under a student enrolment contract in relation to an approved program of instruction, other than a program provided solely through distance education:

(a) the institution receives a notice of withdrawal from the student after the start date of the program set out in the student enrolment contract but on or before the date on which 10% of the hours of instruction of the program have been provided;

(b) the institution provides a notice of dismissal to the student and, on the date the notice is delivered to the student, the institution has provided no more than 10% of the hours of instruction of the program.

(6) A certified institution may, if both of the following apply, retain or recover, as the case may be, up to 30% of the tuition paid or payable under a student enrolment contract in relation to an approved program of instruction provided solely through distance education:

(a) the institution receives a notice of withdrawal from the student or provides a notice of dismissal to the student;

(b) on the date the notice is received or delivered, as the case may be, the student has completed no more than 30% of the program.

(7) A certified institution may retain or recover, as the case may be, up to 20% of the tuition, to a maximum of $1 300, paid or payable in relation to an approved program of instruction if the institution receives a notice of withdrawal from the student less than 30 days before the later of the following:

(a) the start date of the program set out in the last letter of acceptance issued to the student by the institution;

(b) the start date of the program set out in the student enrolment contract.

(8) A certified institution may retain or recover, as the case may be, up to 10% of the tuition, to a maximum of $1 000, paid or payable in relation to an approved program of instruction if the institution receives a notice of withdrawal from the student at least 30 days before the later of the following:

(a) the start date of the program set out in the last letter of acceptance issued to the student by the institution;

(b) the start date of the program set out in the student enrolment contract.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

When and how refunds to be made

36   A certified institution required under this Division to refund an amount of tuition or a fee in relation to an approved program of instruction must pay the amount to the student or other person who paid the tuition or fee within 30 days after the following applicable date:

(a) the date the institution receives a notice of withdrawal from the student;

(b) the date the institution provides a notice of dismissal to the student;

(c) the date the registrar orders, under section 31, the institution to refund the amount of tuition and related fees;

(d) the date that is 30 days after the end date set out in the student enrolment contract if the institution contravenes section 32 (1) (b) (iii);

(e) the date the student delivers to the institution a copy of a refusal to issue the study permit;

(f) the date on which the first 30% of the hours of instruction are provided, if the student does not attend any of the first 30% of the hours of instruction.

[en. B.C. Reg. 122/2021, Sch. 1, s. 19.]

Fee and tuition compliance standards — programs that do not require approval

36.1   (1) The fee and tuition compliance standards set out in this section are prescribed for a certified institution in relation to a program of instruction, other than a program provided solely through distance education, to which all of the following apply:

(a) the program does not require approval;

(b) the program is not an employer provided program;

(c) the amount of tuition for the program is $4 000 or more.

(2) A certified institution must, if both of the following apply, refund all of the tuition and all related fees, other than application fees, paid to the institution by or on behalf of a student enrolled in a program of instruction that does not require approval:

(a) the student does not attend any of the program;

(b) the institution receives from the student a notice of withdrawal or a copy of a refusal of a study permit no later than 30 days after the later of the following:

(i) the start date of the program set out in the last letter of acceptance issued to the student by the institution;

(ii) the start date of the program set out in the student enrolment contract.

(3) A refund under subsection (2) must be paid to the student or other person who paid the tuition or fee within 30 days of the date the institution receives the notice of withdrawal or copy of the refusal, as applicable.

[en. B.C. Reg. 122/2021, Sch. 1, s. 20.]

Student record compliance standards

37   (1) The student record compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must keep a current student record for each student enrolled in an approved program of instruction.

(3) A certified institution must include the following in a student record:

(a) subject to subsection (5), a copy of the signed student enrolment contract;

(b) subject to subsection (5), evidence of payments for, and, if applicable, refunds of, tuition and related fees;

(c) if applicable, a copy of a complaint made by the student to the institution in relation to an approved program of instruction of the institution, and all documents in relation to the complaint and the student's participation in the dispute resolution process;

(d) subject to subsection (5) and if applicable, copies of a notice of withdrawal or a notice of dismissal and documents in relation to the withdrawal or dismissal;

(e) if the student is an international student who has been issued a study permit, a copy of the letter of acceptance and a copy of the study permit;

(f) the student's transcripts issued by the institution;

(g) evidence that the student has met the admission requirements for the approved program of instruction;

(h) a copy of the attendance record for the student;

(i) if applicable, documents in relation to a student's participation in the grade appeal process;

(j) if applicable, a copy of the credential granted to the student.

(4) In addition to the student record compliance standards prescribed under this Division, a certified institution, in relation to Class A programs and Class B programs, must ensure that a student record includes the following if the student participates in a work experience component:

(a) a copy of the agreement described in section 41 (4) [work experience component compliance standards];

(b) evidence that the student has met the requirements for participation in the work experience component;

(c) a copy of the evaluation of the student's performance in the work experience component.

(5) Subsection (3) (a), (b) and (d) does not apply to a certified institution in relation to a student who is enrolled in an employer provided program.

[am. B.C. Reg. 122/2021, Sch. 1, s. 21.]

Student record compliance standards — retention of student records

38   (1) In addition to the student record compliance standards prescribed under this Division, the student record compliance standards in this section are prescribed for certified institutions in respect of the retention of student records.

(2) A certified institution must retain, in relation to Class A programs, a student record for at least 8 years after the following date, whichever is applicable:

(a) the date the student completes the program;

(b) the date the institution receives from the student a notice of withdrawal;

(c) the date the institution provides a notice of dismissal to the student.

(3) A certified institution in relation to Class B programs and Class C programs must retain a student record for at least 3 years after the following date, whichever is applicable:

(a) the date the student completes the program;

(b) the date the institution receives from the student a notice of withdrawal;

(c) the date the institution provides a notice of dismissal to the student.

(4) If a certified institution retains a student record, or part of a student record, in electronic format, the student record must be

(a) in a format so that copies of the student record can be made,

(b) backed up at least once per month,

(c) stored in a secure manner,

(d) in a format that is not proprietary software, and

(e) accessible, on request, by the registrar.

(5) If a certified institution retains a student record, or any part of a student record, in paper format, the student record must be stored securely in a location that is accessible, on request, by the registrar.

(6) On request by a student, a certified institution must, at a reasonable cost, provide the student with a copy of that student's record.

[am. B.C. Reg. 122/2021, Sch. 1, s. 22.]

Archived student record compliance standards

39   (1) In this section, "archived student record" means

(a) in relation to an employer provided program,

(i) the student's transcript issued by the institution, and

(ii) if applicable, a copy of the credential granted to the student by the institution, and

(b) in relation to any other program of instruction,

(i) a copy of the signed student enrolment contract,

(ii) the student's transcript issued by the institution, and

(iii) if applicable, a copy of the credential granted to the student by the institution.

(2) The archived student record compliance standards set out in this section are prescribed for certified institutions in relation to Class A programs, other than programs of instruction that lead to employment in a career occupation regulated by the federal regulator.

(3) A certified institution must label an archived student record by student name and, if the student has a personal education number, by personal education number.

(4) A certified institution

(a) must enter into an agreement with a third party, and

(b) may enter into the agreement only with a third party that is approved in writing by the minister.

(5) A certified institution must provide an archived student record, if the record includes a transcript issued by the institution, to the third party referred to in subsection (4) within 60 days of the following dates, whichever is applicable:

(a) the end date of the student enrolment contract;

(b) the date the institution receives from the student a notice of withdrawal;

(c) the date the institution provides a notice of dismissal to the student.

(6) A certified institution must ensure that the agreement referred to in subsection (4) includes provisions in respect of both of the following:

(a) storage of an archived student record in a secure manner for 25 years after the date the record is provided under subsection (5);

(b) on request by the registrar, access to archived student records by the registrar.

[am. B.C. Reg. 122/2021, Sch. 1, s. 22.]

Student attendance compliance standards

40   (1) The student attendance compliance standards set out in this section are prescribed for a certified institution in relation to an approved program of instruction.

(2) A certified institution must establish a written student attendance policy that includes all of the following:

(a) minimum attendance requirements for students;

(b) consequences for a student who does not meet the minimum attendance requirements;

(c) a process for a student to report an absence.

(3) A certified institution must ensure that the policy required under subsection (2) is fair and reasonable.

(4) A certified institution must

(a) ensure that an attendance record is created and maintained for each student that includes the number of hours of instruction the student attended each day in an approved program of instruction,

(b) update the attendance records at the end of every week in which hours of instruction have been provided, and

(c) ensure that the attendance records show separately the number of hours each student attended each day in a work experience component of an approved program of instruction.

Work experience component compliance standards

41   (1) The work experience component compliance standards set out in this section are prescribed for a certified institution in relation to Class A programs and Class B programs.

(2) A certified institution must establish a written work experience component policy that includes all of the following:

(a) the process by which a student is placed in a work experience component;

(b) the process by which a student in a work experience component is evaluated;

(c) the intervals at which work experience monitoring of a student will be undertaken;

(d) the requirements for participation in a work experience component;

(e) the number of hours of instruction of the work experience component;

(f) identification of the work experience component as a clinical placement, cooperative placement, practicum or preceptorship.

(3) A certified institution must ensure that the policy required under subsection (2) is fair and reasonable.

(4) A certified institution that provides an approved program of instruction with a work experience component must enter into a written agreement with both the host organization and the student in respect of the work experience component that includes a description of all of the following:

(a) the responsibilities of the host organization;

(b) the responsibilities of the institution;

(c) the responsibilities of the student;

(d) the activities that the student will undertake during the work experience component.

(5) A certified institution must provide a copy of the agreement referred to in subsection (4) to the student before the start date of the work experience component.

(6) A certified institution must ensure that a work experience component

(a) is under the supervision of a person who is employed or retained by the host organization and who is qualified in a career occupation that is relevant to the program of instruction in which the student is enrolled,

(b) includes work experience activities that are directly related to the learning objectives of the program of instruction in which the student is enrolled or meets the requirements of a regulator,

(c) consists of no more than the hours of instruction referred to in section 15 [definitions for this Part and interpretation] for the applicable type of work experience component,

(d) includes at least one written evaluation of the student, and

(e) is provided before the end date of the program of instruction.

(7) A certified institution must undertake regular work experience component monitoring of a student.

Prior learning assessment compliance standards

42   (1) In this section, "prior learning assessment process" means a process established by a certified institution in which the institution assesses whether a student's prior education or experience is equivalent to a part of a program of instruction.

(2) The prior learning assessment compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(3) A certified institution that has established a prior learning assessment process must ensure that the process is fair and reasonable.

(4) Subject to subsection (5), a prior learning assessment process may not deem a student's prior education or experience to be equivalent to a part of a program of instruction that is greater than 50% of the hours of instruction of the program.

(5) Subsection (4) does not apply in relation to the following:

(a) a student for whom the registrar appoints a person to provide a comparable program of instruction under section 18 [program completion if institution ceased to hold certificate] of the Act;

(b) subject to the agreement of the regulator, a student in a program of instruction that leads to employment in a career occupation regulated by a regulator.

[am. B.C. Reg. 122/2021, Sch. 1, s. 23.]

Grade appeal compliance standards

43   (1) The grade appeal compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must establish a written student grade appeal policy to enable a student to appeal a grade received in a course that is part of an approved program of instruction.

(3) A certified institution must ensure that the policy required under subsection (2) is fair and reasonable.

Credential compliance standards

44   As soon as practicable after a student meets the requirements of the applicable approved program of instruction,

(a) a certified institution in relation to a Class A program must grant a career training credential, and

(b) a certified institution in relation to a Class B program or Class C program must grant a credential other than a career training credential.

Student support service compliance standards

45   (1) The student support service compliance standards set out in this section are prescribed for a certified institution.

(2) A certified institution must establish a written policy that promotes the respectful and fair treatment of students.

(3) A certified institution that holds an interim designation certificate or a designation certificate must designate one or more individuals who are responsible for ensuring students have access to all of the following, as applicable:

(a) information about the student enrolment contract used by the institution;

(b) the student policies of the institution;

(c) the program outline for each approved program of instruction;

(d) information about housing that is available to students;

(e) information about transportation services that are available to students;

(f) information about medical insurance, the Pharmacare program and similar government health care programs that are available to students;

(g) information about child care services that are available to students;

(h) information about community services and cultural services, such as family support services, addiction services and services for immigrants, that are available to students;

(i) information about academic support, such as tutoring services, literacy support services and library services, that is available to students;

(j) information about employment resources, including resources in relation to preparing a resume, that are available to students.

Student withdrawal compliance standards

46   (1) The student withdrawal compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must allow a student to withdraw from an approved program of instruction in which the student is enrolled if the student delivers to the institution a notice of withdrawal, or a copy of a refusal of a study permit, by email, by registered mail or in person.

Student dismissal compliance standards

47   (1) The student dismissal compliance standards set out in this section are prescribed for a certified institution in relation to approved programs of instruction.

(2) A certified institution must establish a written student dismissal policy for dismissals from an approved program of instruction.

(3) A certified institution must ensure that the policy required under subsection (2)

(a) is fair and reasonable,

(b) sets out what constitutes reasonable grounds to dismiss a student, and

(c) includes the process by which a student may be dismissed.

Repealed

48   Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 24.]

Sexual misconduct policy compliance standards

48.1   (1) The sexual misconduct policy compliance standards set out in this section are prescribed for a certified institution.

(2) A certified institution must establish a written sexual misconduct policy.

(3) A certified institution must ensure that the policy required under subsection (2)

(a) addresses sexual misconduct, including sexual misconduct prevention and responses to sexual misconduct,

(b) sets out procedures for the following:

(i) making a complaint of sexual misconduct involving a student;

(ii) making a report of sexual misconduct involving a student;

(iii) responding to a complaint of sexual misconduct involving a student;

(iv) responding to a report of sexual misconduct involving a student, and

(c) is posted on the institution's website, if the institution has a website or, if the institution does not have a website, is made otherwise publicly available.

[en. B.C. Reg. 153/2016, Sch. 3, s. 2; am. B.C. Reg. 122/2021, Sch. 1, s. 25.]

Statement of rights compliance standards

48.2   (1) The statement of rights compliance standards set out in this section are prescribed for a certified institution.

(2) A certified institution must establish a statement that advises students of their rights in relation to the institution, including but not limited to the following rights, to the extent the right applies to a program of instruction:

(a) the right to a written student enrolment contract;

(b) the right to the following:

(i) in relation to a program of instruction that requires approval, a copy of the institution's tuition refund policy;

(ii) in relation to a program of instruction that does not require approval, an explanation of when and how an institution is required to refund tuition or fees;

(c) the right to be advised of the amount of tuition and of each related fee payable for a program;

(d) the right to be advised of the requirements for a student to participate in a work experience component of a program, including the geographic area or region of the Province where the work experience component will be provided;

(e) the right to file a claim against the Student Tuition Protection Fund if either of the following applies:

(i) the institution ceased to hold a certificate before the student completed an approved program of instruction in which the student was enrolled at the institution;

(ii) the institution misled the student regarding a significant aspect of an approved program of instruction in which that student was enrolled at the institution.

(3) A certified institution must make the statement of rights available in every language in which instruction of an approved program is provided at a location at which the certified institution operates.

(4) A certified institution must post, in a prominent place at each location at which the certified institution operates, a copy of the statement of rights in every language in which instruction of an approved program is provided at that location.

(5) Together with a copy of a signed student enrolment contract provided to a student under section 24 (8), a certified institution must provide the student with a copy of the statement of rights in every language in which instruction of an approved program will be provided under the student enrolment contract.

[en. B.C. Reg. 122/2021, Sch. 1, s. 26.]

Definitions for this Part

49   In this Part:

"chartered professional accountant member" has the same meaning as in section 1 of the Chartered Professional Accountants Act;

"generally accepted accounting principles" means the principles recommended in the CPA Canada Handbooks;

"notice to reader" has the same meaning as in the CPA Canada Handbooks;

"review engagement" has the same meaning as in the CPA Canada Handbooks.

[am. B.C. Reg. 122/2021, Sch. 2, s. 3.]

Prescribed reporting requirements

50   For the purposes of section 13 (f) [additional requirements for certified institutions] of the Act, the reporting requirements set out in this Part are prescribed for a certified institution.

Reporting requirements

51   (1) A certified institution must submit to the registrar, no later than 5 months after the end of the institution's fiscal year, financial statements for that fiscal year.

(2) The financial statements required under subsection (1) must meet the requirements set out in section 52.

(3) The financial statements required under subsection (1) must

(a) include the following:

(i) a balance sheet;

(ii) an income statement;

(iii) a cash flow statement,

(b) be prepared by a chartered professional accountant member in good standing

(i) using the accrual basis of accounting, and

(ii) in accordance with generally accepted accounting principles,

(c) be comparative, and

(d) report the following:

(i) amounts due from related parties, with notes regarding collectability;

(ii) amounts due to related parties, with notes regarding repayment terms and interest rates;

(iii) tuition revenue from approved programs of instruction separately from other tuition revenue;

(iv) cash and cash equivalents, including marketable securities;

(v) tuition accounts receivable from approved programs of instruction, net of allowances for doubtful accounts;

(vi) unearned tuition revenue from approved programs of instruction separately from unearned revenue from other sources.

(4) If certified institutions are carried on by or through more than one individual, corporation, firm, syndicate or association, or any combination of them under common control or direction, the institutions must submit consolidated financial statements as well as financial statements for each institution.

Required financial statements

52   (1) The following certified institutions must submit to the registrar a notice to reader with that institution's financial statements:

(a) Repealed. [B.C. Reg. 122/2021, Sch. 2, s. 4 (a).]

(b) a certified institution that, in the institution's previous fiscal year,

(i) had annual tuition revenue of $500 000 or less, and

(ii) was assigned to category 1 or category 2 in the most recent category assignment assessment;

(c) a certified institution that,

(i) in the institution's previous fiscal year, had annual tuition revenue of $500 000 or less, and

(ii) was assigned to category 3 in its most recent category assignment assessment under section 31 (a) of the Fees and Student Tuition Protection Fund Regulation.

(2) The following certified institutions must submit to the registrar, with that institution's financial statements, a review engagement:

(a) a certified institution that,

(i) in the institution's previous fiscal year, had annual tuition revenue of $500 000 or less, and

(ii) was assigned to category 3 in its most recent category assignment assessment other than under section 31 (a) of the Fees and Student Tuition Protection Fund Regulation;

(b) a certified institution that,

(i) in the institution's previous fiscal year, had annual tuition revenue of greater than $500 000 but no more than $1 000 000, and

(ii) was assigned to category 3 in its most recent category assignment assessment;

(c) a certified institution that,

(i) in the institution's previous fiscal year, had annual tuition revenue of greater than $500 000 but no more than $5 000 000, and

(ii) was assigned to category 1 or category 2 in its most recent category assignment assessment.

(3)-(4) Repealed. [B.C. Reg. 122/2021, Sch. 2, s. 4 (e).]

(5) The following certified institutions must submit audited financial statements to the registrar:

(a) a certified institution that,

(i) in the institution's previous fiscal year, had annual tuition revenue of greater than $1 000 000 but no more than $5 000 000, and

(ii) was assigned to category 3 in its most recent category assignment assessment;

(b) a certified institution that, in the institution's previous fiscal year, had annual tuition revenue of greater than $5 000 000.

[am. B.C. Reg. 122/2021, Sch. 2, s. 4.]

Additional reporting requirements — student data reports

53   A certified institution must submit to the registrar, no later than 60 days before the expiry date included in the institution's current certificate, a student data report for each student who was enrolled in, or completed, an approved program of instruction in the institution's previous fiscal year that includes the following information:

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

(b) if the student has a personal education number, that number;

(c) the student's date of birth and gender;

(d) the title of the program of instruction in which the student was enrolled;

(e) whether the student was enrolled full time or part time in the program of instruction;

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

(g) whether the student delivered to the institution a notice of withdrawal after the start date of the approved program of instruction and, if so, the date the notice was received by the institution;

(h) whether the institution provided a notice of dismissal to the student after the start date of the approved program of instruction and, if so, the date the institution provided the notice to the student;

(i) whether the student was granted a credential for the approved program of instruction and, if so, the date the credential was granted;

(j) if the student is an international student,

(i) the citizenship of the student,

(ii) whether the student has a study permit, or

(iii) whether the student has a permit, visa or other written authorization to study in Canada other than a study permit.

[am. B.C. Reg. 122/2021, Sch. 1, s. 27.]

Additional reporting requirements — specified certified institutions

54   (1) In addition to other reporting requirements prescribed under this Part, a certified institution that holds an interim designation certificate or a designation certificate must, in relation to Class A programs, submit to the registrar, no later than 60 days before the expiry date included in the institution's current certificate, the additional information set out in subsection (2) for the institution's previous fiscal year in the student data report for each student.

(2) Subject to subsection (3), the following additional information is required under subsection (1):

(a) whether the student

(i) completed an approved program of instruction and was granted a credential and, if so, the date the credential was granted, and

(ii) obtained employment in a career occupation related to the credential within 6 months after being granted the credential;

(a.1) if the student obtained employment as contemplated by paragraph (a) (ii), the student's job title;

(b) whether the student

(i) completed an approved program of instruction leading to employment in a career occupation that is regulated by the federal regulator or a health regulatory body and was granted a credential and, if so, the date the credential was granted, and

(ii) is registered, licensed, certified or otherwise recognized by the federal regulator or a health regulatory body within 6 months after being granted the credential;

(c) whether the student

(i) completed an approved program of instruction and was granted a credential and, if so, the date the credential was granted, and

(ii) subject to subsection (3), obtained employment in a career occupation that is not related to the credential within 6 months after being granted the credential;

(d) whether the student

(i) completed an approved program of instruction and was granted a credential and, if so, the date the credential was granted, and

(ii) is enrolled in further training or a post-secondary institution within 6 months after being granted the credential.

(3) If a student is an international student, the following additional information is required instead of the information listed in subsection (2):

(a) Repealed. [B.C. Reg. 35/2019, s. 2 (a).]

(b) whether the student returned to the student's country of citizenship.

(c) Repealed. [B.C. Reg. 35/2019, s. 2 (a).]

(4) For the purposes of subsections (2) (a) (ii), (a.1), (b) (ii), (c) (ii) and (d) (ii) and (3) (b), the institution must use its best efforts to provide the required additional information.

[am. B.C. Regs. 35/2019, s. 2; 122/2021, Sch. 1, s. 28.]

Additional reporting requirements

55   (1) In addition to the other reporting requirements prescribed under this Part and subject to subsection (2), a certified institution must submit to the registrar, as soon as practicable, the following information:

(a) if the institution is a company, a change in its shareholders, as defined in section 1 (1) of the Business Corporations Act, who hold more than 10% of shares carrying the right to vote at general meetings, other than a change in its major shareholder;

(b) if the institution is an extraprovincial company, a change in its shareholders, as defined in section 374 of the Business Corporations Act, who hold more than 10% of shares carrying the right to vote at general meetings, other than a change in its major shareholder;

(c) if the institution is a corporation other than a company, an extraprovincial company, a society or an extraprovincial non-share corporation, a change in its shareholders, as defined in section 1 (1) of the Business Corporations Act, who hold more than 10% of shares carrying the right to vote at general meetings, other than a change in its major shareholder;

(d) if the institution is a society or an extraprovincial society, a change to its directors as defined in section 1 of the Societies Act;

(e) in relation to an approved program of instruction that leads to employment in a career occupation regulated by a regulator, a copy of any correspondence from the regulator that requires an institution to take any action that may reasonably be expected to have an adverse effect on students.

(2) If a notice is required under section 56 (2) (g), a certified institution is not required to submit information under subsection (1) (a) (ii), (b) (ii) or (c) (ii) of this section.

[am. B.C. Regs. 153/2016, Sch. 2, s. 3; 35/2019, s. 3; 122/2021, Sch. 1, s. 29.]

Changes requiring notice

56   (1) In this section, "change of control" means

(a) in relation to a company, an extraprovincial company or a corporation, a change in its major shareholder, and

(b) in relation to a partnership within the meaning of the Partnership Act or under the laws of a jurisdiction other than British Columbia, a change or alteration in the membership of the firm.

(2) For the purposes of section 14 (1) (a) [certain changes require notice or consent] of the Act, the following classes of change are prescribed as requiring notification:

(a) a change in tuition or related fees of an approved program of instruction;

(b) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 30 (b).]

(c) a change from full time to part time or part time to full time in relation to an approved program of instruction;

(d) a change in an institution's fiscal year;

(e) a change in whether a program of instruction is provided by an institution;

(f) a change in the institution's address for service;

(g) a change of control;

(h) a change in the legal name or the operating name of the institution;

(i)-(j) Repealed. [B.C. Reg. 35/2019, s. 4.]

(k)-(l) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 30 (b).]

(m) in relation to approved programs of instruction, a change in the maximum number of students the institution admits to a program;

(n) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 30 (b).]

(o) in relation to an approved program of instruction, a change in the language of instruction;

(p) in relation to an approved program of instruction, a change in the number of hours of instruction for each course that is part of the program.

[am. B.C. Regs. 35/2019, s. 4; 122/2021, Sch. 1, s. 30.]

Changes requiring notice and consent

57   For the purposes of section 14 (1) (b) [certain changes require notice or consent] of the Act, the following classes of change are prescribed as requiring notification and consent:

(a) a change in the hours of instruction for an approved program of instruction;

(b) a change in the method of delivery for an approved program of instruction;

(c) a change in the admission requirements for an approved program of instruction;

(d) a change in the location where the institution provides, or from which the institution provides, a program of instruction;

(e) a change in the program outline for an approved program of instruction in relation to any of the following:

(i) the title of the program;

(ii) the learning objectives of the program;

(iii) Repealed. [B.C. Reg. 122/2021, Sch. 1, s. 31 (b).]

(iv) the number of hours of instruction for a work experience component of the program;

(v) in respect of career-related programs of instruction, the career occupation for which the program prepares a student.

[am. B.C. Reg. 122/2021, Sch. 1, s. 31.]

Notice of change

58   For the purposes of section 14 (2) (a) of the Act, a certified institution must notify the registrar in writing,

(a) if a change is of a class prescribed under section 56 [changes requiring notice], other than section 56 (2) (d) or (g), at least 14 days before implementing the change,

(b) if a change is of a class prescribed under section 56 (2) (d), at least 60 days before implementing the change, and

(c) if a change is of a class prescribed under section 56 (2) (g), at least 7 days before implementing the change.

[am. B.C. Reg. 122/2021, Sch. 1, s. 32.]

Change application information and consideration

59   (1) For the purposes of section 14 (2) (b) [certain changes require notice or consent] of the Act, a certified institution must submit to the registrar a description of a proposed change, including any adverse effects the change may reasonably be expected to have on students enrolled in an approved program of instruction, and what steps the institution proposes to take to address the adverse effects, if applicable.

(2) The registrar must consider the information and records submitted under subsection (1) when deciding whether to consent under section 14 (3) of the Act to a change.

Surrender of certificate

60   (1) For the purposes of section 15 (1) [surrender of certificate] of the Act, a certified institution must notify the registrar in writing at least 14 days before surrendering a certificate.

(2) The notice under subsection (1) must include the following information:

(a) if the institution is not an individual, the full legal name and the operating name the institution uses;

(b) if the institution is an individual, the full name and the operating name the institution uses;

(c) the addresses for each location in relation to which the institution intends to surrender a certificate.

Online directory

60.01   (1) For the purposes of section 17 (1) (f) [online directory of institutions] of the Act, the following information is prescribed:

(a) the address of the location where the institution provides, or from which the institution provides, a program of instruction;

(b) a telephone number, an email address, a fax number, if any, and a website address, if any, for the institution;

(c) whether the institution has requested a reconsideration of a decision under section 47 [reconsideration on request or on registrar's initiative] of the Act or commenced an appeal under section 50 [appeal to commissioner] of the Act and the outcome of the reconsideration or appeal, if applicable.

(2) Information referred to in section 17 (1) (e) and (3) of the Act must be published in the online directory for a period of at least 2 years and not longer than 5 years.

(3) The registrar must take into account the following considerations when deciding whether to remove information from the online directory:

(a) whether the information is related to a matter of public interest;

(b) whether the information is related to the provision of a program of instruction by the institution.

[en. B.C. Reg. 153/2016, Sch. 4, s. 2.]

Comparable program of instruction

61   For the purposes of section 18 (3) [program completion if institution ceased to hold certificate] of the Act, a former certified institution must, within 48 hours of ceasing to hold any certificate, transfer to the registrar the student records for all students enrolled in an approved program of instruction at the institution.

Dispute resolution process

62   (1) For the purposes of section 19 [dispute resolution process for student complaints] of the Act, a dispute resolution process established by a certified institution must

(a) be established in writing,

(b) require a student complaint to be made in writing,

(c) identify, by title,

(i) the individual responsible for making the determination in respect of a student complaint,

(ii) the individual responsible for the reconsideration, if any, of the determination referred to in subparagraph (i), and

(iii) if the individual referred to in subparagraph (i) or (ii) is absent or named in the complaint, the individual responsible for making the determination or for the reconsideration, as applicable, in respect of the student complaint,

(d) describe, in detail, how a student complaint is to be handled from initiation through the final resolution of the complaint,

(e) authorize a student who makes a complaint to be represented by an agent or a lawyer,

(e.1) require a student complaint to be finally resolved within 30 days after the date on which the complaint is made,

(f) require the reasons for the determination and the reconsideration of that determination, if any, to

(i) be in writing,

(ii) be given to a student within 30 days after the date on which the student makes the complaint, and

(iii) advise a student of the student's right to make a claim under section 23 (1) (b) of the Act and the time within which the claim must be filed, and

(g) ensure that a student who makes or who is otherwise involved in respect of a complaint is protected from retaliation by the institution as a result of making, or being otherwise involved in respect of, the complaint.

(2) A certified institution must ensure that the dispute resolution process is fair and reasonable.

(3) A certified institution must not impose a fee in relation to a student complaint.

[am. B.C. Reg. 122/2021, Sch. 1, s. 33.]

Prescribed government programs

63   For the purposes of section 29 (b) (ii) [inspections] of the Act, the following government programs are prescribed:

(a) the Education Quality Assurance designation;

(b) StudentAid BC.