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Volume 59, No. 10

141/2016

The British Columbia Gazette,

Part II

June 14, 2016

B.C. Reg. 141/2016 , deposited June 10, 2016, under the PRIVATE TRAINING ACT [section 67]. Order in Council 376/2016, approved and ordered June 9, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective September

1, 2016, the Private Training Transitional Regulation set out in the attached

Schedule

is made.

— A. WILKINSON, Minister of Advanced Education ; S. CADIEUX, Presiding Member of the Executive Council .

Schedule

PRIVATE TRAINING TRANSITIONAL REGULATION

Contents

Part 1 –

Definitions and

Interpretation

Definitions

Tuition revenue

Calculating number of months

Part 2 – Required Information and Program Approval

Additional information required by transitioned institutions

Fiscal year end on March 31, 2016

Program approval under former Act

Part 3 – Fees

Transitional fees

Transitional flat rate fees – fiscal year end between March 30, 2016 and September 1, 2016

Transitional flat rate fees – fiscal year end between August 31, 2016 and September 1, 2017

Transitional graduated fees – fiscal year end between March 30, 2016 and September 1, 2016

Transitional graduated fees – fiscal year end between August 31, 2016 and September 1, 2017

Transitional graduated fees – aboriginal institution class, language institution class and regulatory body institution class

Transitional graduated fees – category 3 institutions

Part 4 – Student Tuition Protection Fund

Transitional payments to fund

Transitional payments to fund – fiscal year end between March 30, 2016 and September 1, 2016

Transitional payments to fund – fiscal year end between August 31, 2016 and September 1, 2017

Transitional payments to fund – specified conditions

Transitional payments to fund – aboriginal institution class and post-program payment institution class

Transitional payments to fund – language institution class and regulatory body institution class

Transitional payments to fund – category 3 institutions

Continued claims against Student Tuition Protection Fund

Part 5 – Transitional Category Assignment

Transitional category assignment assessment

Part 6 – Payments

Manner and time for making payments

Methods of payment

Part 1 –

Definitions and

Interpretation

Definitions

1 In this regulation:

“aboriginal institution class” has the same meaning as in

section 1 of the Fees and Student Tuition Protection Fund

Regulation;

“Act” means the Private Training Act ;

“chartered professional accountant member” has the same meaning as in the Chartered Professional Accountants Act ;

“intermittent intake model” has the same meaning as in

section 1 of the Private Training Regulation;

“language institution class” has the same meaning as in

section 1 of the Fees and Student Tuition Protection Fund

Regulation;

“post-program payment institution class” has the same meaning as in

section 1 of the Fees and Student Tuition Protection Fund

Regulation;

“program outline” has the same meaning as in

section 1 of the Private Training Regulation;

“regulatory body institution class” has the same meaning as in

section 1 of the Fees and Student Tuition Protection Fund

Regulation;

“remaining certificate term” means the period that

(

a) starts on the date this

section comes into force, and

(

b) ends on the date the institution’s certificate expires as determined under

section 72 (4) [transition – registration and accreditation] of the Act;

“student enrolment contract” has the same meaning as in

section 1 of the Fees and Student Tuition Protection Fund

Regulation;

“student intake model” has the same meaning as

section 1 of the Private Training Regulation;

“transitioned institution” means the following:

(

a) an institution that is deemed under

section 72 (1) of the Act to hold a registration

certificate;

(

b) an institution that is deemed under

section 72 (2) of the Act to hold a designation

certificate;

“tuition revenue” means tuition revenue within the meaning of

section 2.

Tuition revenue

2 For the purposes of this regulation, tuition revenue is the following, as applicable:

(

a) in relation to a transitioned institution that, on the date this

section comes

into force, was never required to submit financial statements under Bylaw 39.5.1 of

the Private Career Training Institutions Agency established under the former Act,

as it reads on the date this

section comes into force, tuition revenue is either

(

i) the tuition revenue set out in the pro-forma budget required under Bylaw 17.5.9

of the Private Career Training Institutions Agency established under the former Act,

as it reads on the date this

section comes into force, for that fiscal year, or

(ii) if

(

A) the institution provides only programs of instruction that are not approved

programs of instructions or both programs of instruction that are not approved programs

of instruction and programs of instruction that require approval under the Act, and

(

B) on or before September 8, 2016, the institution submits to the registrar an

estimate of the total tuition revenue in respect of approved programs of instruction

the institution estimates it will earn in that fiscal year,

that total tuition revenue;

(

b) in relation to a transitioned institution that, on the date this

section comes

into force, has submitted, or was required to submit, financial statements for the

previous fiscal year under Bylaw 39.5.1 of the Private Career Training Institutions

Agency established under the former Act, as it reads on the date this

section comes

into force, tuition revenue is either

(

i) the institution’s total tuition revenue earned in the previous fiscal year,

(ii) if, on or before September 8, 2016, the institution submits to the registrar

the amount of the annual tuition revenue, within the meaning of

section 3 (2) of the

Act, reviewed by a chartered professional accountant member in good standing, that

annual tuition revenue.

Calculating number of months

3 For the purposes of calculating the number of months in a period of time in this

regulation, a month in which at least 25 days have elapsed once the period of time

is concluded must be included in the calculation.

Part 2 – Required Information and Program Approval

Additional information required by transitioned institutions

(1) A transitioned institution must submit the following information and records

to the registrar within 30 days of the date this

section comes into force:

(

a) a copy of the student enrolment contract used by the institution for approved

programs of instruction and for programs of instruction that do not require approval;

(

b) a description of the institution’s dispute resolution process;

(

c) whether the institution is in a class of certified institutions established

under

section 2 of the Fees and Student Tuition Protection Fund Regulation and, if

so, the institution must

(

i) specify which class, and

(ii) provide evidence that the institution is in the class specified under subparagraph (i);

(

d) a list of all the titles of the programs of instruction the institution provides.

(2) A transitioned institution must submit the following information and records

in respect of programs of instruction to the registrar within 30 days of the date

this

section comes into force:

(

a) in respect of each program of instruction,

(

i) the amount of tuition and related fees for the program,

(ii) the number of hours of instruction of the program,

(iii) the number of weeks of the program during which students enrolled in the

institution receive instruction,

(iv) the program outline, and

(

v) the location where the institution provides, or from which the institution

provides, the program of instruction;

(

b) in respect of an approved program of instruction

(

i) the student intake model,

(ii) if the student intake model is an intermittent intake model,

(

A) the number of intakes throughout the program, and

(

B) the maximum number of students admitted in each intake,

(iii) the maximum number of students that are admitted to the program, and

(iv) if the program includes a work experience component, a list of all of the

host organizations that will provide work experience components to the institution’s

students.

Fiscal year end on March 31, 2016

5 Despite

section 51 (1) [reporting requirements] of the Private Training Regulation, a transitioned institution that has a fiscal

year end on March 31, 2016 must submit to the registrar financial statements for the

institution’s previous fiscal year on or before September 30, 2016.

Program approval under former Act

6 A program is deemed to be an approved program of instruction if,

(

a) on the date this

section comes into force, the program is approved under Bylaw 35.17

of the Private Career Training Institutions Agency established under the former Act,

as it reads on the date this

section comes into force, and

(

b) the program is a program of instruction that requires approval under the Act.

Part 3 – Fees

Transitional fees

7 For the purposes of

section 13 (h) [certified institution fees] of the Act, the transitional flat rate fees set out in sections 8 and 9 of this regulation

and the transitional graduated fees set out in sections 10 to 13 of this regulation

are prescribed in relation to the remaining certificate term of a transitioned institution.

Transitional flat rate fees – fiscal year end between March 30, 2016 and September

1, 2016

(1) This

section applies to a transitioned institution that has a fiscal year end

between March 30, 2016 and September 1, 2016.

(2) The transitional flat rate fees that a transitioned institution must pay are

(

a) the flat rate fee determined in accordance with subsection (3), and

(

b) the flat rate fee determined in accordance with subsection (5).

(3) For the purposes of subsection (2) (a), the flat rate fee is determined by

multiplying the number of months in the period that starts on the date this

section

comes into force and ends on the date that is 7 months after the institution’s fiscal

year end for the 2015/2016 fiscal year by the monthly flat rate set out in column 2

of Table 2 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

opposite the institution’s annual tuition revenue in column 1.

(4) For the purposes of applying Table 2 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (3) of this section, the institution’s

annual tuition revenue is the institution’s applicable tuition revenue.

(5) For the purposes of subsection (2) (b), the flat rate fee is determined by

multiplying the number of months in the period that starts on the date that is 7 months

and one day after the institution’s fiscal year end for the 2015/2016 fiscal year

and ends on the date the remaining certificate term ends by the monthly flat rate

set out in column 2 of Table 2 of the

Schedule to the Fees and Student Tuition Protection

Fund Regulation opposite the institution’s annual tuition revenue in column 1.

Transitional flat rate fees – fiscal year end between August 31, 2016 and September

1, 2017

(1) This

section applies to a transitioned institution that has a fiscal year end

between August 31, 2016 and September 1, 2017 but does not apply to a transitioned

institution to which

section 8 applies.

(2) The transitional flat rate fee that a transitioned institution must pay is

the amount determined by multiplying the number of months in the remaining certificate

term by the monthly flat rate set out in column 2 of Table 2 of the

Schedule to the

Fees and Student Tuition Protection Fund Regulation opposite the institution’s annual

tuition revenue in column 1.

(3) For the purposes of applying Table 2 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (2), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

Transitional graduated fees – fiscal year end between March 30, 2016 and September

1, 2016

(1) This

section applies to a transitioned institution that has a fiscal year end

between March 30, 2016 and September 1, 2016.

(2) Subject to sections 12 and 13, the transitional graduated fees that a transitioned

institution must pay are

(

a) the graduated fee determined in accordance with subsection (3), and

(

b) the graduated fee determined in accordance with subsection (5).

(3) For the purposes of subsection (2) (a), the graduated fee is determined as

follows:

graduated fee =

TR × GFP

× M

where

the institution’s tuition revenue for the 2014/2015 fiscal year;

GFP

the percentage of the institution’s annual tuition revenue set out in column 3

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of graduated fees opposite the applicable description of the institution

in column 1 and the applicable number of certificate or registration years in column

the number of months in the period that starts on the date this

section comes into

force and ends on the date that is 7 months after the date of the institution’s 2015/2016

fiscal year end.

(4) For the purposes of applying Table 3 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (3), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

(5) For the purposes of subsection (2) (b), the graduated fee is determined as

follows:

graduated fee =

TR × GFP

× M

where

the institution’s annual tuition revenue;

GFP

the percentage of the institution’s annual tuition revenue set out in column 3

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of graduated fees opposite the applicable description of the institution

in column 1 and the applicable number of certificate or registration years in column

the number of months in the period that starts on the date that is 7 months and

one day after the date of the institution’s 2015/2016 fiscal year end and ends on

the date that the remaining certificate term ends.

Transitional graduated fees – fiscal year end between August 31, 2016 and September

1, 2017

(1) This

section applies to a transitioned institution that has a fiscal year end

between August 31, 2016 and September 1, 2017 but does not apply to a transitioned

institution to which

section 10 applies.

(2) Subject to sections 12 and 13, the graduated fee that a transitioned institution

must pay is determined as follows:

graduated fee =

TR × GFP

× M

where

the institution’s tuition revenue;

GFP

the percentage of the institution’s annual tuition revenue set out in column 3

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of graduated fees opposite the applicable description of the institution

in column 1 and the applicable number of certificate or registration years in column

the number of months in the remaining certificate term.

(3) For the purposes of applying Table 3 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (2), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

Transitional graduated fees – aboriginal institution class, language institution

class and regulatory body institution class

(1) This

section applies to a transitioned institution in the aboriginal institution

class, the language institution class or the regulatory body institution class.

(2) Subject to subsection (3) and

section 13, the transitional graduated fees

that a transitioned institution in the aboriginal institution class, the language

institution class or the regulatory body institution class must pay is determined

in accordance with

section 10 or 11, as applicable.

(3) For the purposes of applying the formulas set out in sections 10 and 11 in

subsection (2), the “ GFP ” is as follows:

(a) 0.2% in relation to an institution in the aboriginal institution class;

(b) 0.2% in relation to an institution in the language institution class or the

regulatory body institution class if, on the date this

section comes into force, the

institution has held a certificate under the Act or was registered under the former

Act for less than 2 years;

(c) 0.2% in relation to an institution in the language institution class or in

the regulatory body institution class if, on the date this

section comes into force,

the institution

(

i) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and

(ii) is assigned to category 1 or category 2 in a category assignment assessment

under

Part 5 [Transitional Category Assignment] .

Transitional graduated fees – category 3 institutions

(1) The transitional graduated fee that a transitioned institution that is assigned

to category 3 in a category assignment assessment under

Part 5 [Transitional Category Assignment] must pay is determined in accordance with

section 10 or 11, as applicable.

(2) For the purposes of applying the formulas set out in sections 10 and 11 in

subsection (1), the “GFP” is 1.04%.

(3) This

section does not apply to a transitioned institution in the language

institution class or the regulatory body institution class if, on the date this

section

comes into force, the institution has held a certificate under the Act or was registered

under the former Act for less than 2 years.

Part 4 – Student Tuition Protection Fund

Transitional payments to fund

14 For the purposes of

section 22 [payments to fund] of the Act, the payments set out in this Part are prescribed in relation to the remaining

certificate term of a transitioned institution.

Transitional payments to fund – fiscal year end between March 30, 2016 and September

1, 2016

(1) This

section applies to a transitioned institution that has a fiscal year end

between March 30, 2016 and September 1, 2016.

(2) Subject to sections 17 to 20, a transitioned institution must pay to the fund

(

a) the amount determined in accordance with subsection (3), and

(

b) the amount determined in accordance with subsection (5).

(3) For the purposes of subsection (2) (a), the amount is determined as follows:

payment to fund =

TR × P

× M

where

the institution’s tuition revenue for the 2014/2015 fiscal year;

the percentage of the institution’s annual tuition revenue set out in column 4

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of payments to the fund opposite the applicable description of the institution

in column 1 and the applicable number of certificate or registration years in column

the number of months in the period that starts on the date this

section comes into

force and ends on the date that is 7 months after the date of the institution’s 2015/2016

fiscal year end.

(4) For the purposes of applying Table 3 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (3), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

(5) For the purposes of subsection (2) (b), the transitional graduated fee is

determined as follows:

payment to fund =

TR × P

× M

where

the institution’s annual tuition revenue;

the percentage of the institution’s annual tuition revenue set out in column 4

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of payments to the fund opposite the applicable description of the institution

in column 1 of that table and the applicable number of certificate or registration

years in column 2 of that table;

the number of months in the period that starts on the date that is 7 months and

one day after the end of the institution’s 2015/2016 fiscal year end and ends on the

date that the remaining certificate term ends.

Transitional payments to fund – fiscal year end between August 31, 2016 and September

1, 2017

(1) This

section applies to a transitioned institution that has a fiscal year end

between August 31, 2016 and September 1, 2017 but does not apply to a transitioned

institution to which

section 15 applies.

(2) Subject to sections 17 to 20, a transitioned institution must pay to the fund

an amount determined as follows:

payment to fund =

TR × P

× M

where

the institution’s tuition revenue;

the percentage of the institution’s annual tuition revenue set out in column 4

of Table 3 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

in respect of payments to the fund opposite the applicable description of the institution

in column 1 and the applicable number of certificate or registration years in column

the number of months in the remaining certificate term.

(3) For the purposes of applying Table 3 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (2), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

Transitional payments to fund – specified conditions

(1) In this section:

“current ratio” has the same meaning as in

section 19 (1) [payments to fund – specified conditions] of the Fees and Student Tuition Protection Fund Regulation;

“debt ratio” has the same meaning as in

section 19 (1) of the Fees and Student Tuition Protection

Fund Regulation.

(2) A transitioned institution must pay to the fund the amounts determined under

section 15 or 16, as applicable, minus the greater of the following applicable amounts:

(a) 2.5% if the institution’s most recent financial statements provided to the

registrar, or to the former registrar, show a debt ratio of less than 0.2;

(b) 5% if

(

i) the institution’s most recent financial statements provided to the registrar

show a debt ratio of less than 0.2, and

(ii) the institution’s 3-year average current ratio is 1.2 or more.

(3) This

section does not apply to an institution in the aboriginal institution

class, the post-program payment institution class or the post-program payment institution

class and any other class.

Transitional payments to fund – aboriginal institution class and post-program payment

institution class

18 A certified institution that is in the aboriginal institution class, the post-program

payment institution class or the post-program payment institution class and any other

class must pay to the fund $10 for the remaining certificate term.

Transitional payments to fund – language institution class and regulatory body

institution class

(1) This

section applies to a transitioned institution in the language institution

class or the regulatory body institution class.

(2) Subject to subsection (3) and

section 20, a transitioned institution in the

language institution class or the regulatory body institution class must pay to the

fund an amount that is determined in accordance with

section 15 or 16, as applicable.

(3) For the purposes of applying the formulas set out in sections 15 and 16 in

subsection (2) of this section, the “ P ” is as follows:

(a) 0.35% in relation to an institution in the language institution class or the

regulatory body institution class if, on the date this

section comes into force, the

institution has held a certificate under the Act or was registered under the former

Act for less than 2 years;

(b) 0.35% in relation to an institution in the language institution class or in

the regulatory body institution class if, on the date this

section comes into force,

the institution

(

i) continuously held a certificate under the Act or was registered under the

former Act for 2 or more years, and

(ii) is assigned to category 1 or category 2 in a category assignment assessment

under

Part 5 [Transitional Category Assignment] .

Transitional payments to fund – category 3 institutions

(1) A transitioned institution that is assigned to category 3 in a category assignment

assessment under

Part 5 [Transitional Category Assignment] must pay to the fund an amount that is determined in accordance with

section 15 or

16, as applicable.

(2) For the purposes of applying the formulas set out in sections 15 and 16 in

subsection (1), the “P” is 1%.

(3) This

section does not apply to a transitioned institution in the language

institution class or the regulatory body institution class if, on the date this

section

comes into force, the institution has held a certificate under the Act or was registered

under the former Act for less than 2 years.

Continued claims against Student Tuition Protection Fund

(1) If, on the date this

section comes into force,

(

a) a student is enrolled in a program of instruction under the former Act in

relation to which the board under the former Act was authorized to make payments from

the fund to the student, and

(

b) the program is not an approved program of instruction under the Act,

the student may file a claim under the Act and, subject to subsection (2) of this

section, Division 2 [Student Tuition Protection Fund] of

Part 3 [Consumer Protection] of the Act applies to the claim.

(2) For the purposes of subsection (1),

(

a) a student may file a claim on the grounds referred to in

section 23 (1) (a)

[claims against fund] of the Act only if the institution ceased operations, and

(

b) a student may file a claim on the grounds referred to in

section 23 (1) (

b) of the Act even if the institution is not a certified institution.

Part 5 – Transitional Category Assignment

Transitional category assignment assessment

(1) This

section applies for the purposes of determining the transitional graduated

fees referred to in

Part 3 [Fees] and the payments to the fund referred to in

Part 4 [Student Tuition Protection Fund] .

(2) Subject to subsections (3) and (4), the registrar must in September 2016 and

again for the purposes of sections 10 (2) (

b) and 15 (2) (b)

(

a) conduct an assessment

(

i) in accordance with sections 32 (3), (4) and (5) and 33 to 41 of the Fees and

Student Tuition Protection Fund Regulation, of an institution that is deemed under

section 72 (1) of the Act to hold a registration certificate, and

(ii) in accordance with

section 42 (3), (4) and (5) of the Fees and Student Tuition

Protection Fund Regulation, of an institution that is deemed to hold a designation

certificate by

section 72 (2) of the Act, and

(

b) assign the transitioned institution to a category.

(3) The registrar must assign a transitioned institution in the aboriginal institution

class to category 1.

(4) The registrar must assign a transitioned institution to category 3 if, on

the date this

section comes into force,

(

a) the institution continuously held a certificate under the Act or was registered

under the former Act for 2 years or less, or

(

b) the registrar has suspended any of the institution’s certificates under the

Act or the former registrar suspended the registration of the institution under the

former Act within the past 2 years.

Part 6 – Payments

Manner and time for making payments

(1) The transitional fees payable and the transitional payments to the fund payable

under this regulation must be paid in the form set out in this section.

(2) Unless subsection (3) applies, the fee or payment payable under subsection

(1) must be paid in the form of

(

a) a lump sum payment payable within 30 days of receiving notice from the registrar

of the requirement to make the payment, or

(

b) monthly payments,

(

i) in the case of transitional flat rate fees, in the amount set out in column

2 of Table 2 of the

Schedule to the Fees and Student Tuition Protection Fund Regulation

opposite the institution’s annual tuition revenue in column 1,

(ii) in the case of transitional graduated fees, in equal monthly instalments,

and

(iii) in the case of transitional payments to the fund, in equal monthly instalments

payable on or before the 15th day of each month following the month in which the

institution receives notice from the registrar of the requirement to make the payment.

(3) If a fee payable or a payment to the fund payable is determined by using a

number of months in the applicable formula that is 1, 2 or 3, the fee or payment must

be paid in the form of a lump sum payment payable within 30 days of receiving notice

from the registrar of the requirement to make the payment.

(4) For the purposes of applying Table 2 of the

Schedule to the Fees and Student

Tuition Protection Fund Regulation in subsection (2), the institution’s annual tuition

revenue is the institution’s applicable tuition revenue.

Methods of payment

(1) Subject to subsection (2),

(

a) the fees payable under this regulation, and

(

b) the payments to the fund under this regulation

must be paid by

(

c) cheque, payable to the Minister of Finance,

(

d) credit card, or

(

e) electronic funds transfer.

(2) Monthly payments under this regulation must be paid by pre-authorized debit.

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