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Private Career Colleges General Regulations
made under Section 38 of the
Private Career Colleges Act
S.N.S. 1998, c. 23
O.I.C. 2016-76 (March 29, 2016), N.S. Reg. 56/2016
Citation
1 These regulations may be cited as the Private Career Colleges General Regulations.
Definition
2 In these regulations,
“Act” means the Private Career Colleges Act;
“operational regulations” means the Private Career Colleges Operational Regulations made under the Act;
“third-party sponsor” means a third-party sponsor as defined in the operational regulations.
Surety Bonds
Amounts prescribed for surety bonds
3 (1) Subject to the minimum and maximum in subsection (3), the amount of a surety bond required by clause 6(2)(l) or 15C(c) of the Act to be posted by an operator is the sum of the amounts calculated in accordance with subsection (2) for all occupational-training programs offered by the college.
(2) To determine the sum under subsection (1), the portion of the surety bond for each occupational-training program is calculated in accordance with the formula SP × T, in which
(a) for a surety bond required under clause 6(1)(l) of the Act for an applicant for registration of a private career college,
(i) SP is the projected number of student places in the program, and
(ii) T is the total tuition fee per student proposed for the program; and
(b) for a surety bond required by clause 15C(c) of the Act to be maintained by an operator in full force and effect,
(i) SP is the number of students approved by the Director to be enrolled in the program, and
(ii) T is the total tuition fee per student for the program.
(3) The amount of a surety bond must be at least $10 000 but no more than $75 000.
Surety bond for additional location
4 (1) The Director, in the Director’s sole discretion, may require an additional surety bond for any additional location of a private career college.
(2) The amount of an additional surety bond must be calculated in accordance with subsection 3(1) or [3](2), except that the maximum amount required for the additional surety bond is $35 000 and there is no required minimum amount.
Proceeds of surety bond payable to student or third-party sponsor
5 Proceeds realized from the release of all or a portion of an operator’s surety bond under subclause 18(5)(b)(v) of the Act are payable only to a student of the college or a third-party sponsor of a student of the college.
Accessing surety bond
6 If, after receiving an order from the Director, an operator fails to immediately pay the total amount owing to any student or third-party sponsor under a student contract, the Director may access the surety bond posted by the operator.
Proportional payment from surety bond proceeds
7 If the aggregate of all valid claims made against a surety bond exceeds the amount recovered under the surety bond, the claimants must be paid on a proportional basis.
Fees
Fees payable to Minister of Finance and Treasury Board
8 All application fees prescribed in Section 9 and fees payable into the Fund under Section 10 are payable to the Minister of Finance and Treasury Board.
Application fees
9 (1) Application fees payable by an applicant for a certificate of registration or by an operator are as set out in the following table:
Type of Application
Fee
Application for certificate of registration
• main location
• plus, for each additional location
$3000.00
$250.00
Application to add additional location to current certificate of registration, per additional location
$250.00
Application to amend certificate of registration on change of operator
$20.00
Application for certificate of approval
$750.00
Application to renew certificate of approval (except as provided in subsection (2) for the first renewal of a certificate of approval after Chapter 25 of the Acts of 2015 comes into force)
$750.00
Application for approval of amended occupational-training program
$50.00
Application to register instructor or instructor assistant
$40.00
Application to amend registration of instructor or instructor assistant
$20.00
(2) Fees for applications to renew certificates of approval referred to in Section 21 of Chapter 25 of the Acts of 2015 must be reduced proportionally according to the respective lengths of the initial staggered renewal periods during the transition from a 1-year to a 5-year approval period for occupational-training programs.
Fees payable into Fund
10 (1) In this Section, “intake” means an intake as defined in the operational regulations.
(2) Each operator must remit a fee to the Director in an amount calculated in accordance with subsection (4) to be deposited into the Fund.
(3) The Director must deposit all fees paid under subsection (2) into the Fund.
(4) The fee that an operator must pay into the fund is calculated as 1% of the total tuition liability for all intakes during the previous month.
(5) An operator must pay their fee into the fund in full no later than the 15th day of each month.
Notice when Fund payments in arrears
11 (1) On determining that an operator’s fee payments into the Fund are in arrears, the Director must give notice to the operator stating that if the total outstanding amount is not paid within 10 days after the date the operator receives the notice, the Director may issue a compliance order under Section 26 of the Act or revoke or suspend the operator’s certificate of registration under Section 14 of the Act.
(2) The provisions in the operational regulations respecting methods of notification and deemed receipt apply to a notice by the Director under this Section.
Fund payments not transferable
12 (1) Payments made into the Fund are not transferable and any transaction purporting to transfer the payments is void.
(2) If the majority ownership interest in a private career 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 must begin payments as if the college were newly registered.
Fund payments not refundable
13 Payments made into the Fund are not refundable.
No vested right or interest in Fund deposits
14 No vested right or interest in money deposited in the Fund is created or implied for an operator, either at any time during the operation of the Fund or at any future time after the Fund is dissolved.
Fund administration expenses
15 In any year, payments made by the Minister under clause 33(5)(c) of the Act for the expenses of administering and auditing the Fund must not exceed 10% of the Fund balance.
Fund exempt from fees and taxes
16 The Fund is exempt from all licence fees and income, franchise, privilege, occupation, or other taxes levied or assessed by the Province or by any municipality of the Province.