HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) repealed
2004 c30 s3;
(b) “Court”
means the Court of Queen’s Bench;
(c) “Director”
means the Director of Private Vocational Training;
(d) “inspector”
means a person appointed under section 3(1) as an inspector and includes the
Director or a person whose services are engaged under section 3(2);
(e) “instructor”
means a person who is authorized by a licensee to provide vocational training;
(f) “licence”
means a licence issued under section 12;
(g) “licensee”
means the holder of a licence;
(h) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(i) “student”
means a person who has entered into a student contract;
(j) “student
contract” means an agreement between a licensee and a student respecting the
provision of vocational training;
(k) “vocation”
means an occupation, calling, trade or pursuit that is determined, in
accordance with the regulations, to be a vocation;
(l) “vocational training” means a program of
instruction in a vocation and includes instruction provided by correspondence.
RSA 2000 cP‑24
s1;2004 c30 s3;2007 c38 s3
Application of Act
2 This Act does not apply to
(a) a
vocation,
(b) vocational
training, or
(c) an
institution that provides vocational training
that is exempt under the regulations from the operation of
this Act.
RSA 1980 cP‑17
s2;RSA 1980 cL‑1.1 s180;1981 c75 s14;
1983 cD‑11.1 s15;1988 cL‑1.2 s207;1990 c1 s3
Director, staff, etc.
3(1) In accordance with the Public Service Act, there may be appointed a Director of Private
Vocational Training, inspectors and other employees necessary for the
administration of this Act.
(2) The
Director may engage the services of persons who are not employees of the
Government and who have special technical skills or knowledge to act as
inspectors or to advise the Director on matters that are under the Director’s
administration.
(3) The
Director may authorize in writing
(a) an
employee of the Government under the administration of the Minister, or
(b) a
person engaged under subsection (2)
to do any act or thing
required or permitted to be done by the Director under this Act or the
regulations.
(4) A
written authorization made under subsection (3) may be
(a) general
or applicable to a particular case, and
(b) conditional
or unconditional.
(5) A
written authorization made under subsection (3)
(a) purporting
to be signed by the Director, and
(b) stating
that the person named in it is authorized under this section to do the act or
thing set out in the written authorization,
or a copy of it, shall be admitted in evidence as proof, in
the absence of evidence to the contrary, of that person’s authorization to do
the act or thing without proof of the signature or official character of the
person appearing to have signed the written authorization.
RSA 2000 cP‑24
s3;2007 c38 s4
4 to 10 Repealed 2004 c30 s3.
Licence required
11 No person shall provide vocational training to
students unless the person is a licensee or is an instructor.
RSA 1980 cP‑17
s11;1990 c1 s3
Application and licence
12(1) A person who wishes to provide vocational
training to students shall apply to the Director, in the form prescribed by the
Director, for a licence.
(2) The
Director may, in accordance with the regulations, issue or refuse to issue a
licence in respect of one or more programs of instruction that the applicant
wishes to provide.
(3) A
licence authorizes the licensee to provide only the programs of instruction
that are stated on the licence.
(4) The
Director may issue a licence with or without conditions and may, at any time,
cancel a condition or add a condition restricting the number of students that
may be enrolled in a program of instruction.
(5) A
licensee must comply with the conditions stated on the licence.
(6) Repealed 2007 c38 s5.
RSA 2000 cP‑24
s12;2007 c38 s5.
Licence to operate
school
13(1) A licence shall state
(a) repealed
2007 c38 s6,
(b) the
name of the licensee,
(c) the
programs of instruction that the licensee is authorized by the licence to
provide,
(d) the
premises at which each program of instruction will be provided, or if a program
of instruction will not be provided at premises, the business address of the
licensee, and
(e) repealed
2007 c38 s6,
(f) the
conditions to which the licence is subject, if any.
(2) A
licensee shall post a copy of the licence in a prominent place at the premises
at which each program of instruction authorized by the licence is provided.
(3) No
person shall
(a) cover
up, mutilate or deface a licence, or
(b) without
the written permission of the Director, remove a licence,
posted under subsection (2).
RSA 2000 cP‑24
s13;2007 c38 s6
14 Repealed 2007 c38 s7.
Powers
of inspector
15(1) In this section, “records” means textbooks,
lesson plans, equipment, student assignments, instructional materials, student
contracts, attendance records, financial files and books of account.
(2) An
inspector may, on reasonable notice, at any reasonable time and for the purpose
of determining whether this Act, the regulations, a licence or a student
contract is being complied with,
(a) enter
any premises at which vocational training is provided or any premises at which
a licensee keeps records relating to a program of instruction, other than a
private dwelling,
(b) require
the production of any records and examine them, make copies of them or remove
them temporarily for the purpose of making copies, and
(c) perform
tests, take photographs, make recordings and observe instructors.
(3) An
inspector who removes any records under subsection (2) shall
(a) give
to the person from whom the records were taken a receipt for the records, and
(b) make
copies of the records and return them to the person from whom they were taken
within a reasonable time after removing them.
(4) If
a person refuses to allow an inspector to exercise any powers under this section or interferes or attempts
to interfere with the inspector in the exercise of those powers, the Director
may apply to the Court by originating notice for an order restraining that
person from preventing or interfering in any manner with the inspector in the
exercise of those powers.
(5) An application under subsection (4) may be made
ex parte, if the Court considers it proper to do so.
RSA 1980 cP‑17
s16;1990 c1 s3
Order of Director
16(1) If the Director has reason to believe that this
Act, the regulations, a licence or a student contract is not being complied
with, the Director may in writing order a refund of fees for vocational
training or order a licensee to take the measures specified in the order within
the time specified in the order.
(2) If the Director has reason to believe that the
financial position of a licensee may be inadequate, the Director may in writing
order the licensee to make and furnish to the Director full and correct
statements showing the financial position of the licensee and may require the
statements to be made on oath or verified by statutory declaration.
RSA 1980 cP‑17
s17;1990 c1 s3;1997 c18 s25
Suspension or
cancellation of licence
17(1) If the Director is of the opinion that
(a) vocational
training is not being provided in a competent manner,
(b) the
premises at which vocational training is provided are unsuitable,
(c) the
financial resources of a licensee are inadequate for the continued effective
provision of a program of instruction, or
(d) this
Act, the regulations, a licence, a student contract, an order made under
section 16 or a stop order made under section 20 is not being complied with,
the Director may, on
30 days’ notice in writing to the licensee, cancel or suspend the licence
insofar as it relates to one or more programs of instruction.
(2) On
receiving a notice under subsection (1), the licensee shall forthwith provide
to the Director a list of the names and addresses of the students registered in
a program of instruction affected by the notice.
(3) On
a notice being given under subsection (1), the Director shall
(a) post
a notice of the cancellation or suspension in a prominent place at the premises
at which a program of instruction that is affected by the notice is provided,
or
(b) if
a program of instruction that is affected by the notice is not provided at
premises, on receiving the list referred to in subsection (2), notify in
writing those persons shown on the list of the cancellation or suspension of
the licence.
(4) No
person shall
(a) cover
up, mutilate or deface a notice posted under subsection (3)(a), or
(b) without the written permission of the
Director, remove a notice posted under subsection (3)(a).
RSA 2000 cP‑24
s17;2007 c38 s8
Request for
cancellation of licence
17.1(1) A licensee may request cancellation of a licence insofar as
it relates to one or more programs of instruction by submitting a written
request to the Director.
(2) If a licensee requests that a
licence be cancelled in respect of a program of instruction, the licensee shall
provide to the Director a list of the names and addresses of the students
registered in that program of instruction.
(3) If the Director is satisfied that
the licensee has fulfilled the licensee’s obligations under the student
contracts with the students registered in a program of instruction, the
Director may, on notice in writing to the licensee, cancel the licence insofar
as it relates to that program of instruction.
2007 c38 s9
18 and 19 Repealed 2004 c30 s3.
Stop
orders
20(1) The Director may issue a stop order directing a
licensee to cease the activity specified in the stop order within the time
specified in the stop order if the Director has reason to believe that
(a) this
Act, the regulations, a licence, a student contract or an order made under
section 16 is not being complied with, or
(b) the
financial resources of the licensee are inadequate for the continued effective
provision of a program of instruction.
(2) A
stop order
(a) shall
set out the reasons for which it was made, and
(b) may
specify a period of time that the stop order remains in force.
(3) The
Director shall cause a copy of the stop order to be served on the person to
whom it is issued within 48 hours of the stop order being made.
(4) A
person to whom a stop order is issued may appeal the making of the stop order
by filing an originating notice with the Court within 15 days after being
served with the stop order.
(5) The
Court may hear an application made under this section not less than 2 days
after the originating notice has been served on the Director.
(6) On
an appeal under subsection (4), the Court shall
(a) inquire
into all matters leading to the making of the stop order,
(b) determine
whether, in its opinion, there were sufficient grounds for the making of the
stop order, and
(c) confirm, amend or revoke the stop order.
RSA 1980 cP‑17
s22;1990 c1 s3
Service of documents
21 An order, stop order or notice made or given
under this Act may be served
(a) by
personal service on the person to whom it is made,
(b) by
any form of mail for which the addressee or a person on behalf of the addressee
is required to acknowledge receipt of the mail by providing a signature,
(c) by
posting it in a prominent place at the premises at which a program of
instruction that is affected by the order, stop order or notice is provided, or
(d) as directed by a judge of the Court.
RSA 2000 cP‑24 s21;2007
c38 s10
Offences
22 A person who contravenes this Act, the
regulations, a licence or a stop order is guilty of an offence and liable to a
fine of not more than $2000, and in the case of a continuing offence, to a
further fine of not more than $500 for each day or part of a day during which
the offence continues after the first day.
RSA 1980 cP‑17 s24
Enforcement of stop
order
23 If a person does not comply with a stop order,
the Director may, whether or not that person has been prosecuted under this
Act, apply to the Court by originating notice for an order of the Court
directing that person to comply with the stop order.
RSA 1980 cP‑17 s25
Regulations
24 The Lieutenant Governor in Council may make
regulations
(a) prescribing
criteria to be used to determine if an occupation, calling, trade or pursuit is
a vocation;
(b) respecting
the licensing of persons under this Act, describing the criteria that must be
met to enable the Director to issue a licence and prescribing restrictions on
the number of licences that may be issued;
(c) respecting
the enrolment of students;
(d) respecting
premises at which vocational training may be provided;
(e) respecting
the provision of vocational training by correspondence;
(f) respecting
qualifications of instructors;
(g) respecting
examinations;
(h) respecting
certificates, diplomas or other documents that may be issued to students;
(i) respecting
fees for vocational training and refunds of fees;
(j) respecting
the security to be given by licensees and the forfeiture of the security;
(k) respecting
the records that must be kept by licensees;
(l) respecting
the returns that must be filed with the Director by licensees;
(m) respecting
advertising by licensees and the consequences of false or misleading
advertising;
(n) respecting
the mediation of disputes between licensees and students;
(o) exempting a vocation, vocational training or
an institution that provides vocational training from the operation of this Act
or any part of this Act.
RSA 2000 cP‑24
s24;2007 c38 s11
