Bill 41 - An Act to Amend the Private Occupational Training Act

BILL 41

An Act to Amend the Private Occupational Training Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the French version of the Private Occupational Training Act, chapter P-16.1 of the Revised Statutes, 1973, is amended in the definition « organisme de formation » by striking out “corporation” and substituting “personne morale”.

2 The heading “Person or organization to be registered” preceding section 2 of the Act is repealed.

3 Section 2 of the Act is repealed.

4 The heading “Person and training organization to be registered” preceding section 3 of the Act is repealed.

5 Section 3 of the Act is repealed.

6 The Act is amended by adding after section 3 the following:

Registration and authorization required

3.1( 1) No training organization shall provide or undertake to provide an occupational training program unless the training organization is registered under this Act and authorized to provide the occupational training program.

3.1( 2) No training organization shall enrol students or collect tuition fees from students for an occupational training program or any other fees from students unless the training organization is registered under this Act and authorized to provide the occupational training program.

3.1( 3) No person shall act as an agent, representative or salesperson of a training organization or canvass, receive, take or solicit contracts for the purchase or sale of an occupational training program unless the training organization providing the occupational training program is registered under this Act and is authorized to provide the occupational training program and the agent, representative or salesperson is authorized to act as an agent, representative or salesperson under subparagraph 6(3)(b)(ii).

3.1( 4) No person shall act as a teacher, instructor or training assistant of an occupational training program unless the training organization providing the occupational training program is registered under this Act and is authorized to provide the occupational training program and the teacher, instructor or training assistant is authorized to act as a teacher, instructor or training assistant under subparagraph 6(3)(b)(iii).

7 Section 4 of the Act is repealed and the following is substituted:

4( 1) A training organization may apply to the Minister to be registered under this Act in the form and the manner established by the Minister.

4( 2) An application under subsection (1) shall include the information prescribed by regulation and shall be accompanied by a security in a form acceptable to the Minister.

8 The Act is amended by adding after section 4 the following:

Application for modification of registration

4.1 A training organization registered under this Act shall, in the circumstances prescribed by regulation, apply to the Minister to modify its registration in accordance with the regulations.

9 Section 6 of the Act is repealed and the following is substituted:

6( 1) On receipt of an application for registration, the Minister may register a training organization.

6( 2) In addition to any requirements prescribed by regulation, the Minister may impose requirements for registration under this Act or for occupational training programs, including requirements with respect to teachers, instructors and training assistants.

6( 3) If the Minister registers a training organization, the Minister shall

(a) issue a certificate of registration to the training organization that includes

( i) the name of the training organization,

( ii) the business address of the training organization,

( iii) the contact information of the training organization,

( iv) the date the registration is issued, and

( v) the locations where the training organization is authorized to provide the occupational training programs, and

(b) establish, in writing, and provide to the training organization

( i) the occupational training programs the training organization is authorized to provide, subject to the regulations,

( ii) the names of persons who are authorized to act as agents, representatives and salespersons for the training organization,

( iii) the names of persons who are authorized to act as teachers, instructors and training assistants for the training organization, and

( iv) the requirements imposed on the training organization under subsection (2), if any.

6( 4) The Minister shall establish and maintain a registry of training organizations registered under this Act that is accessible to the public and that includes the information set out in subsection (3) and information on the results of inspections and any suspensions of registrations.

6( 5) With respect to the information, including personal information, referred to in subsection (4), the Minister may collect the information, use the information for the purposes of establishing and maintaining the registry and disclose the information to the public.

10 The Act is amended by adding after section 6.7 the following:

Student complaints

6.8 A student may make a complaint to the Minister against a training organization registered under this Act, and the complaint shall be dealt with in accordance with a procedure established by the Minister.

11 The Act is amended by adding before subsection 7(1) the following:

7( 0.1) The Minister may appoint in writing a person as an inspector for the purpose of ensuring compliance with this Act and the regulations.

12 Section 7 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “The Minister may” and substituting “An inspector may”;

( ii) by repealing paragraph (b) and substituting the following:

(b) to inspect the premises and equipment used by the training organization and any records or documents of the training organization, including materials used for instruction or for advertising the training organization, and

(b) by repealing subsection (2) and substituting the following:

7( 2) For the purposes of paragraph (1)(b), an inspector may require from a training organization the production of the records and documents of the training organization.

13 Section 8 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

8( 1) If the Minister is satisfied that a training organization has failed to comply with any provision of this Act or the regulations or has knowingly provided misleading or false information, the Minister may do any or all of the following:

(a) cancel or suspend the registration of the training organization;

(b) realize or negotiate any security provided by the training organization;

(d) impose conditions on the registration of the training organization; and

(e) issue a compliance order.

(b) in subsection (2) of the French version by striking out “de la garantie fournie, le Ministre dépose le montant réalisé sur la garantie, lequel est égal ou inférieur au montant de l’indemnité prévue à l’alinéa 6.41(5)a) ou b), pour qu’il soit porté” and substituting “du cautionnement fourni, le Ministre dépose la somme représentant le montant réalisé sur le cautionnement, lequel est égal ou inférieur au montant de l’indemnité prévue à l’alinéa 6.41(5)a) ou b), pour qu’elle soit portée”.

14 The Act is amended by adding after section 8 the following:

Compliance orders

8.1( 1) A compliance order issued under paragraph 8(1)(e) shall

(a) set out the provision of this Act or the regulations that the training organization failed to comply with and a description of that failure to comply,

(b) set out any action the training organization must take to remedy the failure, and

8.1( 2) A training organization shall comply with a compliance order.

Review of compliance orders

8.2( 1) A training organization may request a review of a compliance order in accordance with the regulations.

8.2( 2) Subject to the regulations, the Minister shall establish the procedure to be followed with respect to a review requested under subsection (1).

8.2( 3) On review, the Minister may confirm, vary or rescind the order.

8.2( 4) A decision of the Minister under subsection (3) is final.

Administrative penalties

8.3( 1) If a training organization fails to comply with a compliance order, the Minister may impose on the training organization an administrative penalty established by regulation to be paid to the Minister of Finance and Treasury Board within the time prescribed by regulation.

8.3( 2) A training organization referred to in subsection (1) who pays the administrative penalty shall be deemed to have contravened the provision of this Act or the regulations in respect of which the payment was made and shall not be charged with an offence in respect of the same incident that gave rise to the administrative penalty.

8.3( 3) If a training organization referred to in subsection (1) does not pay the administrative penalty within the time period prescribed by regulation, the training organization may be charged with an offence under this Act or the regulations in respect of the same incident that gave rise to the administrative penalty.

8.3( 4) Subject to subsection (3), a training organization charged with an offence under this Act or the regulations is not liable to an administrative penalty in respect of the same incident that gave rise to the charge.

8.3( 5) The Province may sue for and recover the amount payable as an administrative penalty in an action in any court as if the amount were a debt.

8.3( 6) The Province shall use any amount paid as administrative penalty for the purpose of educating the public on matters relating to private occupational training.

15 Subsection 9(2) of the Act is amended by striking out “section 2 or subsection 3(1) or 3(2)” and substituting “subsection 3.1(1), (2), (3) or (4)”.

16 The heading “Designates of the Minister” preceding section 10.1 of the Act is repealed.

17 Section 10.1 of the Act is repealed.

18 Section 11 of the Act is amended

(a) in paragraph (c) by striking out “tuition fees may be collected” and substituting “tuition fees and any other fees may be collected by a training organization”;

(b) by repealing paragraph (g);

(h) respecting the registration of a training organization under this Act and the modification, suspension and cancellation of the registration, including the requirements for registration and the modification, suspension and cancellation of the registration which may vary according to the occupational training program to be provided;

(d) by adding after paragraph (h) the following:

(h.1) respecting an application by a training organization for the registration, modification or cancellation of a registration under this Act, including the information to be provided and the circumstances in which an application may or shall be made;

(h.2) prescribing the circumstances in which a training organization shall apply to the Minister to modify its registration;

(h.3) respecting a review process for an application for registration, modification or cancellation of a registration that is rejected by the Minister;

(e) in paragraph (l) by striking out “and registered”;

(f) by adding after paragraph (q) the following:

(q.1) prescribing information to be retained by a training organization and the periods within which the information shall be retained;

(q.2) prescribing information to be provided to the Minister by a training organization;

(q.3) authorizing the Minister to establish the procedure to be followed with respect to the provision of information to the Minister by a training organization, including the form of the information and the periods within which the information shall be provided;

(g) by repealing paragraph (s.1);

(h) by adding after paragraph (t) the following:

(t.1) prescribing requirements for occupational training programs which may vary according to the occupational training program;

(t.2) prescribing requirements for teachers, instructors and training assistants which may vary according to the occupational training program;

(t.3) prescribing the credentials to be granted by a training organization which may vary according to the occupational training program;

(t.4) exempting an occupation from the application of this Act;

(t.5) prescribing minimum student support services to be offered by a training organization which may vary according to the type of training organization and minimum student protection policies to be established by a training organization;

(i) in paragraph (u) by striking out the period at the end of the paragraph and substituting a semicolon;

(j) by adding after paragraph (u) the following:

(v) respecting the minimum frequency of inspections under section 7;

(w) establishing the procedure to be followed with respect to the issuance of compliance orders;

(x) respecting requests for reviews of compliance orders;

(y) respecting reviews of compliance orders;

(z) respecting the establishment of administrative penalties, the calculation of administrative penalties and the amount of administrative penalties, including minimum and maximum amounts;

(aa) establishing the procedure to be followed with respect to the imposition of administrative penalties;

(bb) defining any word or expression used but not defined in this Act for the purposes of this Act, the regulations