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Volume 51, No. 23

B.C. Reg. 350/2008

The British Columbia Gazette,

Part II

December 2, 2008

B.C. Reg. 350/2008, deposited November 28, 2008, pursuant to the MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2008 [Section 146] and the PRIVATE CAREER TRAINING INSTITUTIONS ACT [Section 25]. Order in Council 821/2008, approved and ordered November 27, 2008.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) effective on the date of deposit of this order, sections 106, 107 and 108 (

a) of the Miscellaneous Statutes Amendment Act (No. 2) , 2008 , S.B.C. 2008, c. 42, are brought into force, and

(

b) effective on June 1, 2009,

(

i) sections 104, 105, 108 (

b) and (

c) and 109 to 111 of the Miscellaneous Statutes Amendment Act (No. 2) , 2008 , S.B.C. 2008, c. 42, are brought into force, and

(ii) the Private Career Training Institutions Regulation, B.C. Reg. 466/2004, is amended as set out in the attached schedule.

— M. COELL, Minister of Advanced Education and Labour Market Development ; S. BOND, Presiding Member of the Executive Council.

Schedule

Section 2 (1) of the Private Career Training Institutions Regulation, B.C. Reg. 466/2004, is amended by striking out "2001" and substituting "2006".

Section 4 is amended by repealing subsections (1), (3) and (4) and substituting the following:

(3) At the time of registration, an institution that has not previously been registered or deemed to be registered under the Act must pay to the board the sum of $2

Section 5 is repealed and the following substituted:

Student training completion fund — ongoing contributions

(1) In this section, "institution in good standing" means an institution that has not, during a specified period, been subject to a suspension or cancellation under

section 8 (4) or 9 (2) of the Act.

(2) For the purposes of

section 14 (1) of the Act, a registered institution must pay to the board the following amounts:

(

a) unless paragraph (

b) or (

c) applies, a sum equal to 1% of the tuition paid to the registered institution under each student enrollment contract during the previous month;

(

b) if the registered institution has been an institution in good standing for at least a 2-year period ending on the day referred to in subsection (4), a sum equal to 0.75% of the tuition paid to the registered institution under each student enrollment contract during the previous month, unless paragraph (

c) applies;

(

c) if the registered institution has been an institution in good standing for at least a 5-year period ending on the day referred to in subsection (4), a sum equal to 0.5% of the tuition paid to the registered institution under each student enrollment contract during the previous month.

(3) For the purposes of

section 14 (1) of the Act, an accredited institution must pay to the board the following amounts:

(

a) unless paragraph (

b) or (

c) applies, a sum equal to 0.5% of the tuition paid to the accredited institution under each student enrollment contract during the previous month;

(

b) if the accredited institution has been subject to a suspension or cancellation under

section 9 (2) of the Act and two years have not passed since the date of the suspension or cancellation, a sum equal to 1% of the tuition paid to the accredited institution under each student enrollment contract during the previous month;

(

c) if the accredited institution has been an institution in good standing for at least a 5-year period ending on the day referred to in subsection (4), a sum equal to 0.4% of the tuition paid to the accredited institution under each student enrollment contract during the previous month.

(4) Payments under subsections (2) and (3) must be made on or before the 15th day of the month following receipt of tuition payment.

Part 2 is amended by adding the following section:

Student training completion fund — payment after refund

5.1

(1) For the purposes of

section 14 (1) of the Act, a registered institution must pay to the board, in addition to any payment made under

section 4 or 5, a sum equal to the amount the board has authorized to be paid from the fund to a student on the grounds that the registered institution misled the student regarding the institution or an aspect of its operations.

(2) Payment under subsection (1) must be made by the registered institution within 30 days of receiving notice from the board of the requirement to make the payment.

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