This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Private Career Colleges General Regulations
made under Section 37 of the
Private Career Colleges Regulation Act
S.N.S. 1998, c. 23
O.I.C. 1999-482 (October 6, 1999), N.S. Reg. 97/99
as amended up to O.I.C. 2011-110 (March 25, 2011, effective April 1, 2011), N.S. Reg. 122/2011
[Please note: Effective April 1, 2013, these regulations are amended by N.S. Reg. 148/2013 (O.I.C. 2013-105)]
1 These regulations may be cited as the Private Career Colleges General Regulations.
2 (1) These regulations apply to all occupations as defined by clause 2(l) of the Act, or as designated pursuant to clause 37(1)(h) of the Act.
(2) All training programs for occupations are required to be registered with the Department, unless otherwise exempted in these regulations.
3 Any organization, college, or other like entity offering a non-occupational training program is exempt from the Act.
4 In these regulations,
(a) “Act” means the Private Career Colleges Regulation Act;
(b) “apprenticeship trade” means any trade to which the Apprenticeship and Trades Qualification Act applies;
(c) “college” means a private career college, as defined in clause 2(p) of the Act, that is registered under the Act;
(d) “Fund Working Committee” means the committee established pursuant to Section 33;
(e) “Minister” means the Minister of Education;
(f) “program” means an occupational-training program approved pursuant to these regulations, unless the context otherwise requires;
(g) “security” means a surety bond or irrevocable letter of credit that is in full force and effect for the purpose of securing the performance of student contracts entered into by the operator and the fulfillment of the obligations imposed by these regulations, from a surety company or financial institution acceptable to the Minister;
(h) “third party sponsor” means a person, agency, association or corporation that has a written contract with a college to provide for a student to enroll in a program and that has paid the required fees on behalf of the student;
(i) “tuition refund policy” means the policy set out in Schedule “A”;
(j) “unearned tuition fees” means tuition fees collected by the college for training paid for but not received by a student.
5 (1) The use by an operator of any advertising that is capable of misleading the public is prohibited, and the Manager may order the operator to discontinue the use of any specified advertisement or means of advertisement relating to any college.
(2) An advertisement for a college shall include the name, address and telephone number of the college.
(3) No operator shall use the words “Registered under the Private Career Colleges Regulation Act, Province of Nova Scotia” in an advertisement unless
(a) the operator has a valid certificate of registration issued pursuant to the Act; and
(b) the program to which the advertisement refers has been registered with the Department.
(4) An advertisement shall not guarantee employment to a student or prospective student unless there is a written contract between the college and an employer as described in clause 20(a) of the Act.
6 (1) No person shall commence instruction in a college until a student contract has been executed.
(2) A separate student contract shall be executed for each program.
(3) Prior to a person signing a student contract, the operator shall provide the person with the following information:
(a) an outline of the content of the program;
(b) a breakdown of the duration of the program by subject;
(c) the total cost of the program to a student, indicating separately the tuition fee, total cost of instructional materials, textbooks and equipment, and other fees associated with the program;
(d) a copy of the college’s policies, rules and regulations, including the tuition refund policy, the complaint resolution policy required by Section 13, the payment Schedule described in subsection (4)(f), and the attendance policy.
(4) A student contract shall contain at least the following information in the body of the student contract, or on a separate sheet that is annexed to and forms part of the student contract:
(a) name, address, telephone and fax number of the college;
(b) name, address and telephone number of the student;
(c) name of the program;
(d) a statement that the student has received the information required by subsection (3);
(e) the commencement and completion date of the program;
(f) a payment schedule for tuition and other related fees;
(g) the equipment to be provided to the student in respect of the program;
(h) a statement that the student has been advised of the prerequisites for admission to the program and that the student meets those prerequisites;
(i) a statement that the student contract is subject to the Act and these regulations;
(j) where the college has not entered into a contract with an employer as described in clause 20(a) of the Act, a statement that completion of the program does not guarantee employment;
(k) a statement that financial assistance in the form of a loan may be available and it is the sole responsibility of the student to repay the loan;
(l) a statement setting out the requirements for completing the program, including passing grade and work term requirements and the attendance policy;
(m) a statement that the operator shall make employment statistics relating to the program available to the student;
(n) the date the student contract is entered into;
(o) the signature of the student;
(p) a statement that a diploma or certificate will be issued by the college no later than 30 days after a student has completed the program;
(q) tuition refund policy; and
(r) any other information that the operator considers necessary.
(5) A student contract is deemed to be cancelled when
(a) notice is given pursuant to Sections 3, 4 and 5 of the tuition refund policy; or
(b) a college dismisses a student pursuant to Section 8 of the tuition refund policy.
Student contract to be given to student
7 An operator shall ensure that every student has a fully executed original of their student contract prior to the program start date and in any case not later than the commencement of classes.
Prerequisite to entry
8 A person shall not be admitted to a program unless the person has
(a) successfully completed grade 12;
(b) passed the grade 12 equivalency GED test;
(c) achieved academic upgrading level 4;
(d) completed a standardized test verifying grade 12 level; or
(e) met any entrance requirements that have been prescribed by the appropriate professional, occupational or other association and that are recognized by the Minister.
Admittance of persons of compulsory school age
9 Despite Section 8, an operator may permit a person who is of compulsory school age, as prescribed by the Education Act, to attend or be admitted to a program if the prior written consent of the person’s parent or guardian has been submitted to the operator and the person is attending after school hours.
10 An operator shall maintain an attendance register for each program showing the attendance record of each student in the program and shall provide the Manager with a copy of the register when required pursuant to subsection 16(3) of the Act.
Payment of tuition fees
10A (1) No private career college may require or accept payment of a tuition fee for a program in fewer than 2 reasonably equal instalments.
(2) For each program, the dates on which the tuition instalments become due must be fixed so that they fall approximately at the beginning of each equal portion of the duration of the program, calculated in months, lessons or credits.
Section 10A added: O.I.C. 2002-363, N.S. Reg. 106/2002.
Student registration fee
11 (1) An operator may charge a student registration fee for each program in an amount not to exceed 5% of the tuition or $100, whichever is the lesser amount.
(2) A student registration fee paid by a student or a third party sponsor shall be credited to the tuition fee for the program.
Refund of student fees
12 (1) An operator shall, within 30 days of the execution of the student contract, refund to a student or third party sponsor, all amounts paid to the college by or on behalf of the student where, at the time the student contract was entered into,
(a) the private career college did not have a valid certificate of registration;
(b) the program contracted for had not been approved by the Manager; or
(c) the program instructors or instructor assistants had not been approved by the Manager.
(2) Where, in the opinion of the Manager, the operator has failed to fully deliver a program for which a student has contracted, the Manager may require the operator to
(a) refund unearned tuition fees and the cost of materials paid by a student or third party sponsor; or
(b) make up the deficiency in the program.
(3) All other refunds shall be as prescribed by the tuition refund policy.
(4) Nothing in this Section shall be construed as limiting in any way the rights and remedies that a student otherwise has with respect to an operator’s breach of contract with the student.
Complaint resolution policy
13 (1) An operator shall have a complaint resolution policy to ensure the proper and efficient resolution of all student complaints.
(2) A copy of the complaint resolution policy shall be forwarded to the Manager upon request.
(3) A complaint resolution policy shall set out
(a) the procedure respecting the making and receiving of a complaint;
(b) the college official to whom a complaint must be given;
(c) the process to be followed when a complaint is received;
(d) the manner in which a complaint and the resolution of the complaint will be recorded.
(4) An operator shall maintain a record of all complaints received and the resolution of those complaints and shall make the record available to the Manager for inspection.
14 (1) Where a student and an operator have been unable to resolve a dispute either on their own or with the assistance of the Department, the student or the operator may, with the consent of the other party, apply to the Minister for the appointment of a mediator by filing written notice setting out the details of the dispute with both the Minister and the other party.
(2) If the Minister appoints a mediator, the mediator shall endeavour to assist the parties to settle the dispute that is the subject of the mediation.
(3) Evidence arising from anything said, evidence of anything said or evidence of an admission or communication made in the course of mediation pursuant to this Section is not admissible in any action or proceeding, except with the consent of the mediator, the student and the operator.
Retention of student records
15 (1) An operator shall maintain a file with respect to each student including but not limited to
(d) attendance records;
(e) records of complaints;
(f) payment records;
(h) copies of certificates or diplomas; and
(i) a copy of the student contract.
(2) An operator shall keep a file maintained pursuant to subsection (1) for at least 1 year after the student has completed or left the program in which the student was enrolled, except that transcripts and copies of certificates or diplomas must be kept for 5 years after the student has completed or left the program.
(3) After the time specified in subsection (2), the transcripts and copies of certificates or diplomas shall be transferred to the Manager for retention, unless the Manager and the operator have made arrangements to retain them in a different manner.
(4) Where an operator’s certificate of registration expires and the operator has not applied for re-registration within 30 days of the expiry date, the operator shall, immediately upon the expiry of the 30-day period, forward to the Manager the remaining original student files and any other information that the Manager may request.
(5) Upon closure of a college, the operator of the college shall immediately forward to the Manager the remaining original student files and any other information that the Manager may request.
(6) Where an operator’s certificate of registration is not renewed or is cancelled or suspended, the operator shall,
(a) after the time for filing a notice of appeal pursuant to subsection 31(1) of the Act has expired; or
(b) where a hearing is held pursuant to subsection 31(3) of the Act and the Board has confirmed the Minister’s decision to not renew or to cancel or suspend the certificate of registration,
immediately forward to the manager the remaining original student files and any other information that the manager may request.
Student rendered services
16 No operator shall permit a student to perform services for any person in connection with a program unless
(a) the instructor considers the student fit to perform the service;
(b) the person for whom the service is performed signs a written acknowledgment that the service is to be performed by a student; and
(c) a price schedule is posted in accordance with Section 18.
Record of student-rendered services
17 An operator that offers services to the public shall
(a) maintain a record of services performed by students for the public; and
(b) provide a copy of the record to the Manager upon request.
Price schedule for public services
18 (1) An operator that offers services to the public shall
(a) maintain a price schedule for the services; and
(b) post the price schedule in a prominent place at the entrance of the college.
(2) The price schedule maintained pursuant to subsection (1) shall state that services are performed by students.
Expiry of certificate of registration
19 A certificate of registration issued pursuant to the Act shall expire on March 31 in each year.
20 An operator shall provide the Manager with written notice that the premises, equipment and other facilities used in the delivery of a program comply with industry standards and with all applicable building, fire, health, sanitary and safety laws respecting the premises.
Registration fees for college and programs
21 (1) The registration fee for a college shall be $571.68 and shall accompany the application.
(2) The registration fee for each program shall be $114.33 and shall accompany the application.
Section 21 replaced: O.I.C. 2011-110, N.S. Reg. 122/2011.
22 Where an operator has filed a renewal application and has paid the fees required pursuant to Section 21, the registration shall,
(a) where the Minister renews the certificate of registration, be continued;
(b) where the Minister refuses to renew the certificate of registration, be deemed to continue until
(i) the time for filing a notice of appeal pursuant to subsection 31(1) of the Act has expired, or
(ii) where a hearing is held pursuant to subsection 31(3) of the Act, the Board has rendered a decision.
23 A notice of appeal filed pursuant to subsection 31(1) of the Act shall be in Form “J”.
24 (1) An instructor in a college shall
(a) possess a bachelor’s degree from a Canadian university or an equivalent degree from a university outside of Canada in a subject directly related to the subject or vocation to be taught, and have 12 months’ actual occupational experience in the subject or vocation to be taught; or
(b) be a graduate of a program from a Nova Scotia Community College established under the Community College Act or an equivalent institution outside Nova Scotia in a subject directly related to the subject or vocation to be taught, and have 24 months’ actual occupational experience in the subject or vocation to be taught; or
(c) be a graduate of a program from a college, or a trade or vocational school registered in Nova Scotia, or an equivalent institution outside of Nova Scotia in a subject directly related to the subject or vocation to be taught, and have 24 months’ actual occupational experience in the subject or vocation to be taught; or
(d) be the holder of a Bachelor of Education degree or a valid Nova Scotia teacher’s licence and have 24 months’ actual occupational experience in the subject or vocation to be taught; or
(e) have 60 months’ occupational experience in the subject or vocation to be taught;
before being approved by the Manager for employment as an instructor at the college.
(2) The Minister may approve the employment of an instructor who does not have the qualifications prescribed if the Minister is satisfied that the person is otherwise qualified to instruct or meets the requirements stated in another Act or by another industry body.
(3) No operator shall employ an instructor who does not have the qualifications or experience prescribed in subsection (1) without obtaining the prior written approval of the Minister pursuant to subsection (2).
(4) In addition to the requirements of subsection (1), an instructor in an apprenticeship trade must hold the appropriate certificate of provincial/interprovincial qualification and have 2 years’ experience at the journeyperson level in the trade.
(5) An instructor who does not possess a minimum of 1 year teaching experience is required to
(a) enroll in an instructional methods or train-the-trainer program in their first year of employment and have completed the program within 3 years; and
(b) provide to the Manager written verification of enrollment and completion.
(6) A guest lecturer or workshop leader is not required to be approved if delivering program curriculum that is less than 8 hours in duration.
25 (1) An instructor assistant must possess at least one of the educational requirements or qualifications set out in clauses 24(1)(a), (b) and (c).
(2) An instructor assistant may assist students but shall not prepare, instruct or evaluate any program.
26 (1) No operator shall deliver, sell or offer for sale a program unless
(a) the operator has submitted to the Manager
(i) a description of the program,
(ii) a detailed outline of the program, and
(iii) the registration fee required pursuant to Section 21;
(b) a review of the curriculum of the program has been conducted in accordance with subsection 6(4) of the Act, and a report of the review in Form “C” is filed with the Manager and is acceptable to the Manager; and
(c) the program has been approved by the Manager and the Manager has notified the operator in writing that the registration of the program has been granted.
(2) Where the Manager does not approve a program based on the information filed pursuant to clauses 1(a) and (b), the Manager may request an additional review or additional information at the college’s expense.
(3) The Manager may require that a program be reviewed by appropriate professional, occupational or other associations.
(4) Despite subsection (1), no operator shall start a program unless an instructor has been approved by the Manager to instruct the program.
(5) No operator shall modify or alter any portion of a program without first obtaining the written approval of the Manager.
Change of ownership
27 For the purposes of the Act and these regulations, “change of ownership” means
(a) where the college is a corporation, any change of officers, directors or shareholders holding more than 50% of the voting shares of the corporation;
(b) where the college is a partnership, any change of partners;
(c) any change in the operation of the college resulting in a material difference from that described in the original application; and
(d) any proposed change of operator.
28 (1) An operator shall deposit and maintain with the Minister security in an amount equal to
(a) the product of the number of students enrolled in the college multiplied by the tuition fee per student; or
(b) in the case of a new college, the product of the number of student places multiplied by the tuition fee per student.
(2) Despite subsection (1), the amount of the security shall not be less than $10 000 or more than $75 000.
(3) The Manager may access the security if the operator fails to immediately pay any amount owing to any student or third party sponsor that arises out of a student contract or a contract with a third party sponsor, respectively.
(4) A student or third party sponsor who has a claim against an operator for failure to pay any amount described in subsection (3) may make a claim against the security by notifying the Manager in writing.
(5) Where the aggregate of all claims made against the security accessed pursuant to subsection (3) exceeds the amount recovered under the security, the claimants shall be paid on a proportional basis.
(6) The Minister may at any time, in the Minister’s absolute discretion, suspend or cancel the registration of any college whose operator does not keep the security in full force and effect.
Cancellation of bond
29 Where security in the form of a bond has been cancelled or an operator’s registration has been terminated and the bond has not been forfeited, the Manager may, 1 year following the termination of the registration to which the bond relates or 1 year after the cancellation of the bond, as the case may be, deliver the bond to the person bound by it.
Purpose of Fund
30 The purpose of the Fund is to provide for the completion of training of a student enrolled in a college who prepaid tuition and suffered loss as a result of the closure of the college, or withdrew from the college within 30 days prior to a student’s knowledge of college closure.
Administration and other fees
31 Annual payments for the expenses of administering and auditing the Fund made pursuant to clause 33(4)(c) of the Act shall not exceed 10% of the Fund balance.
32 The Fund shall be exempt from all license fees or income, franchise, privilege, occupation, or other taxes levied or assessed by the Province or by any municipality of the Province.
Fund Working Committee
33 The Minister shall establish the Fund Working Committee for the purpose of advising the Minister on the amount in the Fund, and making recommendations respecting the assessment process set out in Section 37.
34 The Minister shall, in consultation with the Fund Working Committee, following the initial 5 years and every 5 years thereafter, assess the state of the Fund, and may make changes to address Fund excess or Fund deficiencies.
35 The Minister may, in consultation with the Fund Working Committee, reduce the deposits whether by adjusting the schedule of payments or the amount, or both and may also entertain proposals from among the registrants with regard to disbursing surplus funds for such purposes as scholarships.
Claims against Fund
36 (1) An operator of a college shall, with respect to students enrolled in the college at the time of the college’s closure, immediately provide to the Minister
(a) the students’ names, addresses and telephone numbers;
(b) if any portion of the tuition was paid from the proceeds of a loan, the name and address of the lender and any Province or federal agency that guaranteed or reinsured the loan;
(c) programs in which the students are registered, including program start date, expected end date and the date the college closed; and
(d) any other information required by the Minister to determine eligibility for making claims against the Fund.
(2) The Minister shall notify the students referred to in subsection (1), within 30 days after the college’s closure, of their rights under the Fund and how to make a claim.
(3) A claim application shall be filed within 1 year of the notice served pursuant to subsection (2).
(4) A claim application filed after the time specified in subsection (3) will not be acknowledged, and the Minister shall be relieved of further duty or action on behalf of the claimant with respect to that application.
(5) No liability accrues to the Province from claims made against the Fund.
(6) A third party sponsor is eligible to make a claim against the Fund.
Deposits to Fund
37 (1) The Minister shall deposit in the Fund all money paid by operators in accordance with the assessment process set out in this Section pursuant to clause 33(2)(a) of the Act.
(2) The Fund shall be capitalized at no fixed amount for a period of 5 years.
(3) The fixed contribution rate for operators shall be determined by factoring the student’s tuition liability with a fixed rate of 1.0%.
(4) The total amount of the operator’s contribution shall be payable on the 15th day of each month for all intakes during the previous month.
(5) Where payments owed by an operator are determined by the Minister to be in arrears, the Minister shall give notice to the operator to remit all outstanding payments within 10 days of receipt of notice, and if the total outstanding amount is not paid within the prescribed time, the Minister may cancel or suspend the operator’s certificate of registration.
38 No payments made into the Fund by an operator are transferable.
39 No vested right or interest in deposited funds is created or implied for an operator, either at any time during the operation of the Fund or at any such future time that the Fund may be dissolved.
40 If the majority ownership interest in a college is conveyed through sale or other means into different ownership, all payments made to the date of transfer accrue to the Fund and the new operator shall commence payments under provisions applying to a new applicant.
Program summary report
41 An operator shall, within 30 days of a program completion date, submit to the Manager a program summary report, which shall contain the following information with respect to each student enrolled in a program or graduated student:
(a) the student’s
(i) full name,
(iii) date of birth,
(iv) residential address and permanent address, and
(v) residential telephone number and permanent telephone number;
(b) the program(s) the student was enrolled in;
(c) the enrollment date for each program;
(d) the completion or discontinuance date for each program;
(e) reasons for discontinuing the program;
(f) the academic or equivalent qualifications of the student at the time of enrollment for each program;
(g) any other information the Manager might require.
42 An operator shall provide to the Manager
(a) within 180 days after the end of the college’s fiscal year, a copy of the college’s financial statements for the previous fiscal year; and
(b) any other information, in a form satisfactory to the Manager, that the Manager may request.
43 An operator shall display a copy of these regulations in a prominent place at the entrance of the college.
Display of information
44 An operator shall display the certificate of registration of the college at the entrance to the college and, if applicable, on the Internet site home page, where it can be readily observed by the students and the public.
45 The Board shall meet at least once a year or when required to hear appeals pursuant to subsection 31(3) of the Act.
46 Notice required pursuant to these regulations shall be in writing and by
(a) mail, postage prepaid; or
(b) courier or other means of hand delivery.
Schedule “A” - Tuition Refund Policy
Private Career Colleges Regulation Act
1. Pursuant to Section 11 of the regulations, the operator of a Private Career College may charge a student registration fee for each program in an amount not to exceed 5% of the tuition or $100.00, whichever is the lesser amount.
2. Pursuant to Section 11 of the regulations, the student registration fee paid by a student or a third party sponsor shall be credited to the tuition fee for the program.
3. Where a student gives a Private Career College notice prior to the commencement date of a program of the student’s intention not to commence the program, the operator of the Private Career College shall refund to the student or third party sponsor all fees paid except the student registration fee referred to in Section 1.
4. Where a student gives a Private Career College notice after the commencement of a program, but within the first 20 school days, of the student’s intention to cease taking the program, the operator of the Private Career College shall refund to the student or third party sponsor all fees paid except
(a) the student registration fee referred to in Section 1; and
(b) the proportion of the tuition instalments paid that the part of the program taken to the date of termination bears to the part of the program that is covered by the paid instalments.
Clause 4(b) replaced: O.I.C. 2002-363, N.S. Reg. 106/2002.
5. Where a student gives a Private Career College notice after the first 20 school days have been completed of the student’s intention to cease taking the program, the operator of the Private Career College shall refund to the student or third party sponsor all fees paid except
(a) the student registration fee referred to in Section 1; and
(b) the proportion of the tuition instalments paid that the part of the program taken to the date of termination bears to the part of the program that is covered by the paid instalments; and
Clause 5(b) replaced: O.I.C. 2002-363, N.S. Reg. 106/2002.
(c) 10% of the difference between the tuition fee for the whole program and the amount calculated under clause (b).
6. Despite Section 5 where a student completes 2/3 or more of a program in accordance with the terms of a student contract, the operator of the Private Career College is not required to refund any fee or part thereof.
7. Where an operator of a Private Career College provides material to a student for a program and the Private Career College receives a notice under Sections 3, 4 or 5, or the operator dismisses a student, the operator of the Private Career College may charge the student for the material and deduct it from the amount of any refund otherwise payable in an amount not exceeding the cost to the Private Career College of the material, except where the student returns all of the material to the Private Career College unopened or as issued.
8. Where an operator of a Private Career College dismisses a student and the operator satisfies the Minister that the dismissal is for just cause, the operator of the Private Career College may retain a portion of the fees calculated in the following manner:
(a) the student registration fee referred to in Section 1;
(b) the proportion of the tuition instalments paid that the part of the program taken to the date of dismissal bears to the part of the program that is covered by the paid instalments; and
Clause 8(b) replaced: O.I.C. 2002-363, N.S. Reg. 106/2002.
(c) 10% of the difference between the tuition fee for the whole program and the amount calculated under clause (b).
9. All refunds are to be made 30 days after receiving notice in writing from the student or dismissal.
10. Pursuant to Section 45 of the regulations, notice shall be in writing and by
(a) mail, postage prepaid; or
(b) courier or other means of hand delivery.