Statement of Students’ Rights and Responsibilities Reference O. Reg. 415/06 – Section 20 and PCCA Sections 32 and 54

The Superintendent of Private Career Colleges in Ontario has issued a Statement of Students’ Rights and Responsibilities that must be provided to every student at the time of entering into a written contract with a student.  A copy can be obtained from the Ministry website at:  www.edu.gov.on.ca/eng/general/private.html

Students have a right to:

• ·         A written contract
• ·         Proper fee collection practice
• ·         Have their goods and services sold by the PCC only in limited circumstances
• ·         Fee refunds as indicated in the fee refund policy
• ·         Access to transcripts for 25 years
• ·         Receive a copy of their credentials within 60 days
• ·         A student complaint procedure
• ·         Special protections if they are international students
• ·         Insurance coverage while they are in class or at an off-site placement
• ·         Qualified instructors
• ·         Timely evaluation of progress

PCC students have the following responsibilities:

• ·         Provide PCCs with written notice of important decisions and events (e.g., withdrawal from a program or filing a complaint) and keep copies of written communications with PCCs
• ·         Sign a written contract for the delivery of a vocational program
• ·         Keep all receipts issued by a PCC
• ·         Meet the admission requirements for a program before the program begins
• ·         Return any goods received under a contract in the same state they were in when they were supplied by the PCC within 10 days of withdrawing in order to get a refund for them
• ·         Request a full refund within a reasonable amount of time of finding out about a PCCs violation of the Act
• ·         Successfully complete the program and fulfill all contract obligations in order to receive a credential from the PCC
• ·         Go through the PCC’s student complaint procedure before filing a complaint with the Ministry
• ·         Immediately inform the appropriate official at the college if injured while attending a PCC

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, MPO and DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

Are you considering registering a Private Career College in Ontario? 

There are several considerations that are taken into account including public interest criteria and other criteria that applicants must meet in order to gain Ministry approval.

Public Interest Criteria – Reference O. Reg. 415/06 – Section 4

When making a decision regarding the registration of an institution, the Superintendent is required to consider the public interest. The following criteria will be considered:

• Is there sufficient and complete information to properly assess the quality of the proposed vocational program?
• Does the employment of graduates in an occupation or regulated profession that is the subject of the proposed vocational program normally require a university degree?
• Do the proposed programs jeopardize public health and/or safety?

If the Superintendent determines that it is not in the public interest to register an institution, the institution would not be allowed to operate in Ontario.

Other Criteria Applicants Must Meet – Reference PCCA – Section 14

In order to register a PCC, the Superintendent must also be satisfied that:

• The applicant will operate in compliance with the Act and regulations
• The proposed vocational programs will meet the requirements of the Act and regulations
• The applicant can be expected to be financially responsible in operating the PCC
• The past conduct of the applicant provides grounds for the belief that the PCC will operate in accordance  with the law and with integrity and honesty
• The applicant is not carrying on activities that are or would be in contravention of the Act or regulations

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

What are the fee collection guidelines a Private Career College in Ontario must adhere to?

Fee Collection – Reference O. Reg. 415/06 – Section 43 – 44

Submitting List of Fees

A list of all fees that are to be charged to students while attending your PCC must be submitted to the Superintendent at the time of application for program approval.  This includes all fees in relation to the vocational program and any other fee for any other service you may be providing to students or potential students.  Some fees in relation to a vocational program may be paid to a third party (e.g. books or examination fees).  A PCC should identify when this is the case in their application for program approval.  The fee will be published on the ServiceOntario website but any fees not paid directly to the PCC should not be included in the student contract. 

Compulsory and Optional Fees

As part of the program approval process, the Superintendent will determine what compulsory and optional fees apply to the vocational program and are subject to the refund policy as outlined in the regulation.  These amounts, exceptional options fees, will subsequently be published on the ServiceOntario website.  Private Career Colleges are prohibited from charging a compulsory fee that is more than the published amount or an optional fee that is more than the amount disclosed to the Superintendent.  PCCs are required to provide a full refund to students of any undisclosed fee that has been paid by students for the vocational program or a full refund of the difference between the amount published or disclosed and what fee has been paid by the student.

OSAP Fee Collection Guidelines

If you are approved for the purposes of student assistance, you must also comply with OSAP guidelines for fee collection.

International Student Fees

Any fees that are specific to international students will be included here. 

Collecting Fees before the Contract is Signed

PCCs may collect 20% of the total fees for the vocational program, to a maximum of $500. for application processing, admissions testing or applicant assessment before entering into a contract with a student for the provision of a vocational program.  Each Private Career College may establish its own payment policies under the PCC Act, 2005 and must include the payment schedule in the student contract.

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

An Example of Optional Fees that must be disclosed to the Ministry and Student

A student may require additional hours/days to complete their program outside the designated core number of weeks due to various circumstances.  In this instance where the Private Career College elects to charge the student a per diem per day the college must disclose that fee to a maximum number of days and document the total amount under “optional fees”. This must be submitted with the program application.  Without this disclosure the college cannot charge this fee to the student.

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

What are the fee refund guidelines a Private Career College in Ontario must adhere to?

Fee Collection – Reference O. Reg. 415/06 – Section 24 – 33

PCCA Fact Sheet #2 – Fee Collection & Refunds

Refund of Fees

Generally, a PCC is required to provide a student with a refund of fees paid for a vocational program minus an amount that is equal to 20% of the total fees for the program or $500, whichever is less, minus the fees paid for the portion of the program that has been delivered by the college. If the fees owed to the college include charges for other purposes, such as school-financed loans or a non-vocational program, the PCC cannot deduct monies owed from the refund for the fees paid for the vocational program.

In calculating a refund, a PCC may retain the cost of essential books and equipment that the student does not return to the PCC unopened or in the same condition as they received them within 10 days of withdrawing from or being expelled from a program.

Individual PCCs are expected to use their existing collection processes (except for the method of deductions referenced above) or the courts to recover money owing for a breach of contract for non-vocational program items.

Private career colleges must have refund policies that include the terms in sections 25-33 of O. Reg.415/06. These sections are summarized below.

Full Refunds

Full Refund at Student’s Request (requires the student to provide the PCC with a written demand for a refund):

• If the contract is rescinded within two days from the day the student signs the contract

• A PCC is still in operation but decides to discontinue the program before the student can complete the program

• A PCC collects fees for a vocational program from a student before the PCC is registered

• A PCC collects fees for a vocational program from a student before the program has been approved

• A PCC collects more than 20% of the total fees for a vocational program to a maximum of $500 for allowable application processing, admissions testing or applicant assessment from a student before the student enters into a contract or collects fees that are not allowable before the student enters into a contract

• If a student is expelled from a program in a manner that contravenes the PCC’s approved expulsion policy

• A total of more than 10% of the program is taught by instructors who do not meet the standards prescribed in the regulation

• If a person connected with the PCC makes false or misleading statements that constitute a fundamental breach of contract
• If the contract does not contain the components required under the regulation

In addition, if a PCC collects a fee for a vocational program that has not been disclosed to the Superintendent or collects a fee that is more than what has been disclosed to the Superintendent, the student is entitled to a full refund of the undisclosed fee or a refund of the difference between the disclosed fee and the collected fee.

Acceptable Methods of Written Notice

• E-mail

• Fax

• Registered mail/Courier

• Letter delivered in person

Partial Refunds Before a Program Begins

Partial Refunds when student does not commence the program (triggered whenever one of the following occurs: student provides the PCC with a written demand for a refund; student does not meet the admission requirements for the program before it commences; PCC cancels the contract):

A student withdrawing from a program before it begins, including students who have not met the admission requirements, would be entitled to receive a full refund of fees paid for the program minus 20% of the total fees for the program to a maximum of $500.

If a student does not attend a program during the first 14 days, the PCC can give the student written notice that it is cancelling the contract. The student is entitled to a full refund of fees paid less 20% of the total fees for the program (to a maximum of $500).

Partial Refunds After a Program Begins

Partial Refunds when students withdraw or are expelled after the program commences:

For programs that are shorter than 12 months, the period for calculating the refund is the total length of the program. For programs that are 12 months or longer, each program would be divided into twelve-month periods.

For the twelve-month period that the student is currently enrolled in, students are entitled to a refund of fees paid for the program for that period, except that a PCC is allowed to retain 20% of the total fees for the program or $500, whichever is less, plus the fees paid for the portion of the program that has been delivered.

If the student  withdraws or is expelled after six months have passed, the PCC is not obligated to provide any refund for that period. However, the student would be entitled to a full refund of fees paid for any subsequent 12-month period or shorter period if the total length of the program is less than 24 months.

In the case of distance education programs, students would be entitled to a refund until they have been evaluated on 50% of the total number of segments of the program that require an evaluation. No refund is payable if the student is evaluated on more than 50% of the total number of segments.

For programs that operate on a fixed number of hours that extend over an indeterminate duration, students would be entitled to a partial refund if they withdraw before half of the total number of hours are delivered. Only programs specifically approved by the Superintendent as non-continuous programs can use this method to calculate refunds. No refund is payable if more than half of the total number of hours are delivered.

Refunds have to be paid within 30 days after a student gives notice that he/she is withdrawing from the program or receives notice that they are being expelled. If a PCC cancels the contract, the PCC is required to provide a refund to the student within 45 days of the start of the program.

Refunds for international students are subject to additional requirements outlined in Section 1.11.

Examples of Refunds

Programs that are shorter than 12 months

Refund = fees paid for program – (total cost of program x 20%, to a maximum of $500) – fees earned by college for part of program that has been delivered

Example:

A student has paid in full for a 6-month program that costs $6,000 but withdraws at the end of the 2^nd month.

Refund to student = $6,000 – $500 – $2,000 = $3,500

A student who withdraws at the beginning of the 4^th month is entitled to no refund.

Programs that are 12 months or longer

Refund = fees paid for current 12-month period – (total cost of program x 20%, to a max. of $500) – fees earned by college for part of program that has been delivered in current 12-month period + fees paid for any subsequent periods

Examples

(1) A student has paid in full for an 18-month program that costs $18,000 and withdraws at the end of the 2^nd month. The cost for the 1^st period is $12,000 and the cost for the 2^nd period is $6,000.

Refund to student = $12,000 – $500 – $2,000 + $6,000 = $15,500

(2) A student who withdraws at the beginning of the 7^th month is entitled to no refund for the first 12-month period but is entitled to a full refund for the second period.

Refund to student = $6,000

(3) A student who withdraws at the end of the 14^th month has his or her refund calculated for the last six months only.

Refund to student = $6,000 – $500 – $2,000 = $3,500

(4) A student who withdraws at the beginning of the 16^th month is entitled to no refund.

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

What are the essential components that must be included in the Student Complaint Procedure for PCCs in Ontario?

Student Complaint Procedure Reference O. Reg. 415/06 – Section 36

 All PCCs are required to have a formal written student complaint procedure that conforms to the requirements set out in O. Reg. 415/06 by January 1, 2007.  Students must be provided with a copy of the procedure when they enter into a contract with a PCC.  

PCCs and students would continue to have access to the Ministry’s complaint process if they do not achieve a satisfactory resolution through the PCC’s student complaint procedure.  However, the internal PCC procedure would have to be completed before a student complaint could be filed with the Ministry and the student would have to submit a copy of the complaint record to the Superintendent.

 Does your Student Complaint Procedure have the following components?

• A statement that a student complaint must be made in writing
• The name, position and contact information (address, telephone number, fax number and email address) of the college official(s) who is designated to receive and make decisions about student complaints
• The process to be followed when a complaint is received, including that students will have an opportunity to make oral submissions and are entitled to have another person present throughout the complaint process and/or to make oral submissions on behalf of the student
• A description of how complaints, any submissions received and decisions will be recorded
• The maximum period of time between the date the complaint is submitted by a student and the date a decision will be made by the college
• A statement that the decision, including reasons that the decision is based on, will be delivered to students in writing
• A description of the procedure for reviewing the decision, including the name, position and contact information (address, telephone number, fax number and email address) of the college official or the third party who is responsible for making a decision about the review
• A statement that the college will maintain a record of every student complaint at the location where it originated for a period of at least three years from the date of the decision, including a copy of the student complaint, any submissions filed and the decision
• A statement that students will be provided with a copy of the complaint, any submissions filed and the decision made
• A statement that if the student is not satisfied they can refer the complaint to the Superintendent

 Keep in mind that any changes to the complaint procedure have to be reported to and approved by the Superintendent before the changes take place.  Private Career Colleges must maintain records of all complaints at the campus where the complaint originated for at least three years and provide students with a copy of the complaint record.  The records must include a copy of the complaint, any submission files with respect to the complaint and the decision made on the complaint.

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

What are the essential elements of documentation that must be included in the student files for PCCs in Ontario?

Student File Requirements Reference O. Reg. 415/06 – Section 45

All Private Career Colleges in Ontario have a requirement for their student files to be maintained and available to Ministry officials upon request.

Under the PCCA, student files must contain the following information and documents

• Full name
• Sex
• Date of birth
• Residential address and permanent address
• Residential and permanent phone numbers and cell phone number, if applicable
• Email address, if applicable
• Results of any academic evaluations by the PCC
• Copy of a contract signed by the student and PCC
• Verification that student has met admission requirements
• If the student has withdrawn or been expelled from the program, copies of the withdrawal or expulsion letter, refund calculation and refund cheque
• Copies of receipts issued to students for the payment of fees

If your institution is approved for student assistance purposes, you must also comply with any additional requirements for student files related to that approval.

Keep in mind that student files must be kept in a locked cabinet.  It’s also a good idea to self “audit” your student files.  Set up the files in a logical and methodical order so all documentation is easily found within the student file.  Create a checklist and ensure the file is complete and accurate.

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

Why should I register a Private Career College in Ontario?

If an institution is not registered, it is not allowed to:

•  Say it is a PCC or operate as one
• Make use of the term “Private Career College” or any derivation or abbreviation of the term in advertising
• Advertise or otherwise solicit students to enroll in a vocation program
• Charge or collect a fee for a vocational program
• Provide a vocational program for a fee
• Grant a credential that is set out in the credentials framework
• Enforce, through the courts, a student contract

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”.  The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706

What are the compliance areas a Private Career College in Ontario must adhere to when it comes to student contracts?

Student Contracts – Reference O. Reg. 415/06 – Section 20 – 23

Student contracts used for enrolling students in a vocational program must include the terms specified in the regulation. These terms are mandatory and excluding them from student contracts will mean that a PCC is in non-compliance and may be subject to penalties.

Contracts that do not contain all of the required terms can also be voided at the student’s discretion. The PCC would then be required to provide a full refund of fees paid by the student. The Ministry has provided PCCs with the sample contract that can be adapted for their use.

If you are offering non-vocational programs (i.e., programs that do not require approval under the Act), you must use a different contract.   PCCs may not include references to the Private Career Colleges Act, 2005 and regulations, including reference to the PCC’s registered status under the Act, the Statement of Student Rights and Responsibilities issued by the Superintendent or the Consent to Disclose Personal Information as outlined in the regulation.

PCCs are required to retain copies of student contracts for at least three years after the student leave the PCC.

Extracted from “The Ministry of Training, Colleges and Universities Private Career Colleges Act, 2005 Training Manual”. The Private Career Colleges Act, 2005 covers four main areas: Registration and Student Protection; Quality and Accountability; Training Completion Assurance Fund; Compliance

Consult with jerry@businessassessmentsolutions.com ~ www.businessassessmentsolutions.com

Jerry Bishop MBA, FCIP, CTDP, DiSC® Certified – Private Career College Consultant

Principal & Chief Inspiration Officer ~ Business Assessment Solutions Inc.

Toronto Area – (905) 906-3706