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THE MINISTRY OF TRAINING,COLLEGES AND UNIVERSITIESPRIVATE CAREER COLLEGES ACT, 2005TRAINING MANUAL
TABLE OF CONTENTSIntroduction . 5Module 1: Registration and Student Protection . 61.1 Overview of Changes . 61.2 New Registration System . 6Prescreening and Exemptions. 6Registration and Renewal of Registration . 7Guidelines . 7Public Interest Criteria. 8Other Criteria that Applicants Must Meet . 8Insurance . 9Renewal of Registration . 9Registration Information for Career Colleges (RICC). 10Registering New Campuses. 111.3 Student Contracts . 121.4 Fee Collection. 12Submitting List of Fees . 12Compulsory and Optional Fees . 13International Student Fees . 13Collecting Fees Before Contract is Signed. 131.5 Fee Refunds . 14Refund of Fees . 14Full Refunds . 14Partial Refunds Before a Program Begins . 15Partial Refunds After a Program Begins. 151.6 Transcripts . 181.7 Student Complaint Procedure. 181.8 Expulsion Policy. 191.9 Student File Requirements . 191.10 Statement of Students’ Rights and Responsibilities . 201.11 International Students. 21Fee Collection for International Students . 21Trust Account . 22Fee Refunds for International Students. 221.12 Advertising Guidelines . 231.13 Summary of Changes: Registration and Student Protection . 23Compliance Dates . 241.14 Commonly Asked Questions . 24Module 2: Quality and Accountability . 312.1 Overview of Changes . 31Policy Directives . 312.2 Program Approval. 31Vocational Programs . 31National Occupational Classification (NOC) . 32Non-Profit and Religious Institutions . 32Additional Vocational Programs . 32Programs less than 1000 or 40 hours . 33Credentials Framework and Program Standards . 33MTCU - Private Institutions Branch: PCCA Training Manual2
Student Credentials . 34Program Approval Process. 34Third Party Program Assessors. 35Student Admission Requirements . 37Instructor Qualifications . 37Evaluation of Students . 382.3 Program Changes. 392.4 Key Performance Indicators . 392.5 Operation of a College. 40Keeping the Ministry Informed. 40Record-keeping Requirements. 412.6 Summary of Changes: Quality and Accountability. 42Compliance Dates . 432.7 Commonly Asked Questions . 43Module 3: Training Completion Assurance Fund . 473.1 Overview of Changes . 47Build-up Period: September 18, 2006 – December 31, 2008. 47TCAF Goes Live: January 1, 2009 and on . 473.2 Advisory Board . 483.3 Financial Security . 49PCCs with Revenues that Exceed 25 Million . 493.4 Premiums, Surcharges and Levies. 50Founding Premiums . 50Initial Annual Premiums. 51Annual Premiums . 51Founding Surcharges . 51Premium Surcharges. 52Levies . 523.5 Audit & Financial Viability Test . 533.6 Training Completion and Claims. 53Training Completion . 53Claims . 543.7 Summary of Changes . 55Compliance Dates . 563.8 Commonly Asked Questions . 56Module 4: Compliance . 594.1 Overview of Changes . 594.2 Compliance Strategy . 594.3 Meeting with Students And Inspections. 604.4 Appeals. 61Appeals to Registration Decisions. 614.5 Commonly Asked Questions . 62Appendices . 63Appendix A . 64How to Access ServiceOntario Private Career College Forms . 64Appendix B . 65Fees for Private Career Colleges . 65Appendix C . 66Student Transcript Checklist . 66Appendix D . 673MTCU - Private Institutions Branch: PCCA Training Manual
Student Complaint Procedure Checklist. 67Appendix E . 68Advertising Content and Records Check List . 68Appendix F. 70Fact Sheets that PCCs Need . 70MTCU - Private Institutions Branch: PCCA Training Manual4
IntroductionOn September 18 2006, the new Private Career Colleges Act, 2005 (PCCA) was proclaimed.The primary goals of the new Act are to protect students, improve quality and strengthen theaccountability of all institutions that make up the PCC sector.The Act outlines new requirements for registration, program approvals, fee collection, tuition feerefunds, student contracts, financial security, instructional staff, advertising and compliancemeasures. Currently there are two regulations made under the Act, a General Regulation (O.Reg.415/06) and a Training Completion Assurance Fund Regulation (O. Reg.414/06). Copies ofthe new Act and regulations are available from Ontario e-Laws www.e-laws.gov.on.ca.Implementation of the Act requires currently registered PCCs to make changes to theiroperations in order to become compliant with the new Act. Some organizations that previouslywere exempt will now have to register as PCCs and become compliant with the new Act andregulations. This Manual has been developed to support the training provided by the PrivateInstitutions Branch of the Ministry of Training, Colleges and Universities (the Ministry) to thePCC sector. It contains descriptions of the changes and new requirements, and the necessaryinformation for the PCC to use in order to take steps to ensure compliance with the new Act andregulations. The Appendices contain job-aids to assist PCCs in meeting the requirements. Allpresently registered PCCs should review the entire manual, as well as the Act and regulations,in order to assure themselves that they are in compliance with the requirements of the new Act.Further, for organizations that must now register or are renewing a registration, a review of thisdocument will provide the information necessary to begin the process of successfully registeringor renewing registration.The Private Career Colleges Act, 2005 covers four main areas:1.2.3.4.Registration and Student ProtectionQuality and AccountabilityTraining Completion Assurance FundComplianceThis manual has been organized in a similar manner in order to provide a comprehensive guideto the new Act’s requirements and obligations of organizations that provide vocationalprograms.This manual is provided for your information and convenience only.It is not a legal document. For further information and the exact wording please refer tothe Private Career Colleges Act, 2005 and regulations.MTCU - Private Institutions Branch: PCCA Training Manual5
Module 1: Registration and Student Protection1.1 Overview of ChangesAll organizations that offer vocational programs must be registered under the new Act. Thepurpose of registration is to ensure that there is an acceptable level of student protection, qualityand accountability in the PCC sector in order to protect the quality of learning for all students.The new Act enhances registration processes and establishes new minimum standards for allPCCs, while requiring a broader range of organizations and programs to be registered orapproved by the Superintendent of Private Career Colleges. The new Act requires all institutionsthat provide instruction in the skills and knowledge required in order to get a job in a particularvocation to be registered under the Act and their programs to be approved. Exemptions fromregistration are allowed for certain institutions and certain programs do not require approval.PCCs are required to provide evidence that they are in compliance with the following studentprotection provisions at the time of registration or renewal of registration: Liability insuranceStudent contractsFee collectionRefund policyTranscripts Student complaint procedureTrust accountsAdvertising requirementsInternational students1.2 New Registration SystemPrescreening and ExemptionsReference:PCCA – Section 1O. Reg. 415/06 - Sections 2, 7- 9PCCA Fact Sheet #1 – Exemptions Under the ActPrivate Career College Pre-Screening FormIt is the responsibility of all institutions, agencies, organizations or entities involved in vocationaleducation to ensure their compliance with the Act. All institutions that provide instruction in theskills and knowledge required in order to get a job in a particular vocation must be registeredunder the Act and their programs must be approved.Not all institutions and vocational programs require registration or approval. If organizationshave any questions about institutional or program exemptions they should consult their programconsultant and/or submit a fully completed Private Career College Pre-Screening Form. Incompleting this form, organizations are asked to provide the Private Institutions Branch (PIB)6MTCU - Private Institutions Branch: PCCA Training Manual
with comprehensive information regarding the programs offered by the organization. TheBranch will then provide the organization with the necessary directions on which programsrequire the approval of the Superintendent, which programs are exempt or if the entire institutionis exempt. A copy of the Private Career College Pre-Sscreening Form is available on theServiceOntario website at www.serviceontario.ca. Appendix A of this document has directionson how to access the Private Career College forms feature of ServiceOntario. Refer to thePCCA Fact Sheet # 1: Exemptions Under the Act for more information on exemptions.Registration and Renewal of RegistrationGuidelinesReference:PCCA – Part IVO. Reg. 415/06 – Section 3Application for Registration and GuidelinesInstructions on how to register a PCC and a new campus of an existing PCC are provided in theguidelines issued by the Private Institutions Branch. The guidelines are posted on theServiceOntario website along with the forms. The regulations provide the detailed requirementsfor registration while the guidelines outline the procedures that an applicant must follow in orderto register a PCC. The guidelines should be used by all applicants to assist with the accuratecompletion of the forms. The Private Institutions Branch will not consider an application forregistration until all of the required information has been received. Incomplete applications willbe returned and will be treated as new applications if they are resubmitted.In order to register, a PCC must submit an Application for Registration to Operate a PrivateCareer College. This form is available from the ServiceOntario website. Payment of all feesassociated with a registration must accompany the application for registration. Appendix Bprovides details on these fees.The Act sets out a number of criteria that applicants must satisfy in order to be registered tooperate a private career college or to have a registration renewed.MTCU - Private Institutions Branch: PCCA Training Manual7
If an institution, agency or entity is not registered, it is not allowed to: Operate as a PCCSay it is a PCCMake use the term “private career college” or any derivation or abbreviationof the term in advertisingAdvertise a PCCAdvertise the delivery of a vocational programOffer or provide a vocational program for a feeCharge or collect a fee for a vocational programSolicit students to enrol in a vocational programGrant a credential that is set out in the credentials frameworkPursue a court action to enforce a student contractPublic Interest CriteriaReference:O. Reg. 415/06 – Section 4When making a decision regarding the registration of an institution, the Superintendent isrequired to consider the public interest. The following criteria will be considered: Is there sufficient and complete information to properly assess the quality of the proposedvocational program?Does the employment of graduates in an occupation or regulated profession that is thesubject 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, theinstitution would not be allowed to operate in Ontario.Other Criteria that Applicants Must MeetReference:PCCA – Section 14In order to register a PCC, the Superintendent must also be satisfied that: The applicant will operate in compliance with the Act and regulationsThe proposed vocational programs will meet the requirements of the Act and regulationsThe applicant can be expected to be financially responsible in operating the PCCMTCU - Private Institutions Branch: PCCA Training Manual8
The past conduct of the applicant provides grounds for the belief that the PCC will operate inaccordance with the law and with integrity and honestyThe applicant is not carrying on activities that are or would be in contravention of the Act orregulationsInsuranceReference:O. Reg. 415/06 – Section 5As a function of good business practice, many private career colleges purchase liabilityinsurance. The new Act formalizes this process by making it a requirement that all registeredprivate career colleges purchase adequate liability insurance prior to being registered.Insurance coverage must be sufficient to compensate a PCC for any damages to its buildings orequipment, and protect the college and its officers, employees, agents and any volunteers in theevent that students make a claim with respect to accidents that occur or personal injuries thatare suffered while attending the PCC. This would include accidents that occur off-campus ifattendance at such places is required as part of a vocational program.The amount of coverage required will vary. Your insurance company will be in the best positionto tell you what coverage is right for your business. The PCC’s insurer must submit anattestation letter that the PCC has purchased commercial general liability insurance to cover alltheir campuses and the terms of the insurance comply with the requirements listed above. Thisletter must be included with the application for registration.Registered PCCs have until November 18, 2006 to ensure they have adequate insurancein place.Renewal of RegistrationReference:O. Reg. 415/06 – Sections 3 and 49Renewal of Registration GuidelinesEach registered private career college is required to renew its registration annually. Under theformer Regulation 939, registration expired every December 31. Under the new Act, renewal ofregistration will be staggered. The Superintendent has provided new renewal dates to allregistered PCCs for the 2007 renewal cycle.MTCU - Private Institutions Branch: PCCA Training Manual9
Renewal of Registration - Timing Applications for renewal are to be submitted within 180 days following aPCC’s fiscal year-endAfter 180 days, late applications for renewal will be accepted for a further 60daysA PCC must pay a late fee equivalent to 50% of the total cost of renewal fora late application for renewalIf an application for renewal is not received within 240 days from a PCC’sfiscal year-end (180 days 60 days), the registration will expireSimilar to the old Act, the new Act allows a registration to continue pending consideration of anapplication for renewal that is received before the registration’s expiry date. A notice thatrenewal of registration is required will be sent to all PCCs informing them of the information theyare required to submit to the ministry. Appendix B should be consulted for information on thefees associated with renewal of registration.Registration Information for Career Colleges (RICC)The RICC application system contains checklists and guided screens to enable registeredPCCs to update registration information and to provide new information. In order to use theRICC system, PCC users must meet the following criteria: Must have received notification that renewal of registration is requiredMust have previously been registered with MTCUMust have a valid PCC ID and passwordMust have a valid email addressThe RICC application can be accessed via a Web browser. It supports most current browsersincluding Internet Explorer, Mozilla Firefox, Netscape Navigator, Opera and Safari. RICC isdesigned to be quick, easy and intuitive for users. If you can use the Internet, you can useRICC. On-line help is available for each screen of the application.MTCU - Private Institutions Branch: PCCA Training Manual10
Registering New CampusesReference:Act – Section 14 (3)Application for Registration of a Campus of a Private Career College and GuidelinesRegistering a New CampusAn Application for Registration of a Campus of a Private Career College can befound on the ServiceOntario website. The following information is required: Completed Application for the Registration of a Campus of a PrivateCareer CollegeAn up-to-date corporation profile report, if requiredA Master Business Licence, if not a corporationAn original pro forma financial statementEvidence of additional financial security to cover the new locationEvidence of fire inspection at the location specified in the applicationEvidence of health inspection (if required)Evidence of adequate liability insuranceA floor plan of the new facilityVerification that transcripts meet the requirements of the PCCA and O.Reg. 415/06A copy of the student complaint procedure and dismissal policy for thenew campusA two-page Application for Program Approval for each vocational programto be offered at the new campus, accompanied by the relevantappendices (less information is required than for the initial approval ofeach program)All fees required by the MinisterPCCs with multiple locations will no longer be required to register each campus as a separatePCC. Starting with its first renewal of registration under the new Act, multi-campus PCCs will beconsidered a single PCC. If a PCC wishes to open a new campus, it should submit anApplication for Registration of a Campus of a Private Career College. Each campus must beregistered and operated under the same ownership. A franchise is not a campus and mustbe registered as a new PCC.Guidelines for registering new campuses of existing PCCs are available with the forms on theServiceOntario website.MTCU - Private Institutions Branch: PCCA Training Manual11
1.3 Student ContractsReference:O. Reg. 415/06 – Sections 20-23Ministry sample Enrolment ContractStudent contracts used for enrolling students in a vocational program must include the termsspecified in the regulation. These terms are mandatory and excluding them from studentcontracts will mean that a PCC is in non-compliance and may be subject to penalties. Contractsthat do not contain all of the required terms can also be voided at the student’s discretion. ThePCC would then be required to provide a full refund of fees paid by the student. The Ministryhas 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 underthe Act), you must use a different contract. PCCs may not include references to the PrivateCareer Colleges Act, 2005 and regulations, including reference to the PCC’s registered statusunder the Act, the Statement of Student Rights and Responsibilities issued by theSuperintendent 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 studentleaves the PCC.1.4 Fee CollectionReference:O. Reg. 415/06 – Sections 43-44Submitting List of FeesA list of all fees that are to be charged to students while attending your PCC must be submittedto the Superintendent at the time of application for program approval. This includes all fees inrelation to the vocational program and any other fee for any other service you may be providingto students or potential students. Some fees in relation to a vocational program may be paid to athird party (e.g., books or examination fees). A PCC should identify when this is the case in theirapplication for program approval. The fee will be published on the ServiceOntario website butany fees not paid directly to the PCC should not be included in the student contract.PCCs with programs that were approved prior to the proclamation of the PCCA were notrequired to submit all fees with their applications for program approval. These institutions arenow required to submit all fees they are charging that are not currently listed on theServiceOntario website to the Superintendent. The fees will be reviewed and PCCs will benotified of the Superintendent's decision regarding the applicability of the new refund policy.New applications for program approval must include a list of all fees charged to students whoenrol in the program.MTCU - Private Institutions Branch: PCCA Training Manual12
Compulsory and Optional FeesAs part of the program approval process, the Superintendent will determine what compulsoryand optional fees apply to the vocational program and ar
Institutions Branch of the Ministry of Training, Colleges and Universities (the Ministry) to the PCC sector. It contains descriptions of the changes and new requirements, and the necessary information for the PCC to use in order to take steps to ensure compliance with the new Act and regulations.
