Regulation 939
Under the Private Career Colleges Act.
Retention
and Payment of Fees (Regulation 939)
20.
A private career college may charge a registration fee that
shall not exceed 100 per cent of the total cost of the course of instruction or
$100, whichever is the lesser, and such registration fee shall be applied to
the total cost of the course of instruction. R.R.O. 1990, Reg. 939, s. 20; O.
Reg. 68/03, s. 1.
21.
(1) Subject to section 16 and subsection 17 (5)
of the Act,
(a) where a person has contracted for a course of instruction at a private career college twenty-one days or more prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college at least twenty-one days prior to the commencement date of the course of instruction, of his or her intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person, except for the registration fee referred to in section 20;
(b) where a person has contracted for a course of instruction at a private career college twenty-one days or more prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college less than twenty-one days prior to the commencement date of the course of instruction, of the person’s intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except,
(i) the registration fee under section 20, and
(ii) 10 per cent of the fees for the whole course of instruction;
(c) where a person has contracted for a course of instruction at a private career college less than twenty-one days prior to the commencement date of the course of instruction and gives notice in writing either delivered personally or by registered mail to the private career college at any time prior to the commencement date of the course of instruction, of the person’s intention not to commence the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except,
(i) the registration fee under section 20, and
(ii) 10 per cent of the fees for the whole course of instruction;
(d) subject to subsection (4), where a person has contracted for a course of instruction at a private career college and gives notice in writing either delivered personally or by registered mail to the private career college after the commencement date of the course of instruction of the person’s intention to cease taking the course of instruction, the private career college shall refund any money paid for or on account of the fees by or on behalf of the person except,
(i) the registration fee under section 20,
(ii) the proportion of the fees for the course of instruction that the part of the course of instruction supplied and serviced up to the time of receipt of the notice bears to the course of instruction, and
(iii) 10 per cent of the difference between the fees for the course of instruction and the proportion of the fees that the part of the course of instruction supplied and serviced up to the time of receipt of the notice bears to the course of instruction; and
(e) where a private career college has supplied equipment to a person that is in addition to the integral and essential equipment supplied with the written material for a course of instruction and the private career college receives from the person a notice under clause (a), (b), (c) or (d), the private career college may make a charge not exceeding the retail cost to the private career college, for the additional equipment or for the use thereof, as the case may be, except where the person returns all the additional equipment to the private career college unopened or as issued, within ten days of the receipt of the additional equipment by the person. R.R.O. 1990, Reg. 939, s. 21 (1); O. Reg. 68/03, s. 1.
(2)
The maximum amount a private career college may retain under clause (1) (c) is
$200. R.R.O. 1990, Reg. 939, s. 21 (2); O. Reg. 68/03, s. 1.
(3)
Where a private career college receives a proper notice under clause (1) (a),
(b), (c) or (d), the private career college shall acknowledge receipt of the
notice and provide the student with a statement of any money retained by the
private career college. R.R.O. 1990, Reg. 939, s. 21 (3); O. Reg. 68/03, s. 1.
(4)
Where a private career college has supplied and serviced two-thirds or more of
a course of instruction and has not received a proper notice under clause (1)
(d) before that date, the private career college shall not be obliged to refund
any money paid for or on account of the fees by or on behalf of a person who
has contracted for such course of instruction. R.R.O. 1990, Reg. 939, s. 21
(4); O. Reg. 68/03, s. 1.
22.
Where a person has contracted for a course at a
private career college and does not give notice in writing by registered mail
to the private career college prior to the commencement date of the course of
instruction that is not by way of correspondence of the person’s intention not
to commence the course of instruction and does not attend the first five
consecutive days of the course of instruction, the contract is voidable at the
option of the private career college, and the private career college shall
refund any money paid for or on account of the fees by or on behalf of the
person, except,
(a) the registration fee provided for in section 20; and
(b) 10 per cent of the fees for the course of instruction. R.R.O. 1990, Reg. 939, s. 22; O. Reg. 68/03, s. 1.
23.
(1) Where a person has contracted for a course of instruction that is not
by way of correspondence at a private career college and exercises his or her
option to void the contract under section 18 prior to the date upon which the
first class is held in respect of any subject of the course of instruction, the
private career college shall, except as provided in clause 21 (1) (e), refund
any money paid by or on behalf of the student for or on account of fees for the
course of instruction, including the registration fee under section 20. R.R.O.
1990, Reg. 939, s. 23 (1); O. Reg. 68/03, s. 1.
(2)
Where a person has contracted for a course of instruction that is not by way of
correspondence at a private career college and fails to exercise his or her
option to void a contract under section 18 prior to the date upon which the
first class is held, clauses 21 (1) (d) and (e) shall apply in respect of any
subsequent exercise of the option even though the student may not have
participated in the course of instruction, except that the owner of the private
career college is not entitled to retain the registration fee under section 20.
R.R.O. 1990, Reg. 939, s. 23 2); O. Reg. 68/03, s. 1.
(3)
Where a person has contracted for a correspondence course at a private career
college and exercises his or her option to void the contract under section 18
before returning a part of the course of instruction for the purpose of
marking, and even though one or more lessons may have been delivered by the
private career college to the person, the private career college shall, except
as provided in clause 21 (1) (c), refund any money paid by or on behalf of the
student for or on account of fees for the course of instruction including the
registration fee under section 20. R.R.O. 1990, Reg. 939, s. 23 (3); O. Reg.
68/03, s. 1.
(4)
Where a person has contracted for a correspondence course at a private career
college and exercises his or her option to void a contract under section 18
after part of the course of instruction has been supplied and serviced, clauses
21 (1) (d) and (e) shall apply except that the owner of the private career
college is not entitled to retain the registration fee under section 20. R.R.O.
1990, Reg. 939, s. 23 (4); O. Reg. 68/03, s. 1.
24.
Where a private career college is required to refund any money under
sections 21, 22 or 23, the private career college shall refund the money to the
person entitled within thirty days of the receipt by the private career college
of the notice referred to in section 18, 21 or 22, as the case may be. R.R.O.
1990, Reg. 939, s. 24; O. Reg. 68/03, s. 1.
25.
(1) Where a private career college has after the commencement date of a
course of instruction dismissed a student due to academic failure,
contravention of a career college regulation, misconduct or failure to pay the
required fees under a written contract for a course of instruction and the
private career college has satisfied the Superintendent that the dismissal was
for good cause, the private career college shall refund any money paid for or
on account of the fees by or on behalf of the student except,
(a) the registration fee under section 20;
(b) the proportion of the fees for the course of instruction that the part of the course of instruction supplied and serviced to the date of dismissal bears to the course of instruction; and
(c) 10 per cent of the difference between the fees for the course of instruction and the proportion of the fees that the part of the course of instruction supplied and serviced to the date of dismissal bears to the course of instruction. R.R.O. 1990, Reg. 939, s. 25 (1); O. Reg. 68/03, s. 1.
(2)
Where a private career college has dismissed a student under subsection (1),
the private career college may retain, in addition to the money referred to in
subsection (1), an amount required to repair or replace any property of the
private career college that has been damaged or destroyed as a direct result of
the action or conduct of the dismissed student and the private career college
has satisfied the Superintendent that such damage or destruction was caused by
the wilful action of such student. R.R.O. 1990, Reg. 939, s. 25 (2); O. Reg.
68/03, s. 1.
A
PRIVATE CAREER COLLLEGE IS PROHIBITED BY LAW FROM GUARANTEEING A POSITION TO
ANY STUDENT OR PROSPECTIVE STUDENT