Accountability Regulations (N.S. Reg. 105/2014) (just regulations regs langaccred.htm)
N.S. Reg. 105/2014
Nova Scotia — Regulations
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Language School Accreditation and Accountability Regulations
made under
Section 24 of the
Language Schools Act
S.N.S. 2013, c. 5
N.S. Reg. 105/2014 (effective July 8, 2014)
as amended to N.S. Reg. 180/2015 (effective April 1, 2015)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Citation
Definitions
Approved accreditation agencies
Offer of admission
Student contracts
Cancellation of student contract
Information provided before student contract signed
Student contract to be given to student
Attendance register
Student records
Filing complaint with Director
Review by Senior Executive Director
Reports to Director
Notice respecting premises, equipment and facilities
Records to Director if language school no longer registered
Application for registration or renewal
Application fee for registration and renewal
Certificate of registration—form and expiry
Criteria for renewal of registration
Form A—Language School Certificate of Registration
Citation
1 These regulations may be cited as the Language School Accreditation and Accountability
Regulations .
Definitions
2 In these regulations,
“Act” means the Language Schools Act ;
“accredited program” means a language program accredited by an organization
listed in
Section 3;
“complaint” means a written complaint to the Director under
Section 14 of the
Act;
“registered school” means a language school that is registered under the Act;
“summary report” means a report on an accredited program after it is provided by a
registered school.
Approved accreditation agencies
3 The bodies listed in the following table are approved as accreditation agencies for
language schools and language programs for the purposes of subclause 6(e)(
v) of the
Act:
Accredited Agencies
Date approved
Languages Canada
date regulations in force
Offer of admission
4 A registered school must not make an offer of admission to a foreign national without
providing the student with a copy of the school’s policies, rules and regulations,
including the refund policy, payment
schedule and attendance policy.
Student contracts
(1) A registered school must not start instruction for an international student until a
student contract for the student is entered into.
(2) A student contract, as required for each international student under clause 12(
b) of
the Act, may be in the form of a group contract for several students if the Director
is satisfied that the accredited program is the same for each international student in
the group.
(3) An operator must ensure that a student contract includes at least all of the
following information in the body of the student contract, or on a separate sheet
that is annexed to and forms part of the student contract:
(
a) school’s name, address, telephone and fax number;
(
b) international student’s name, address and telephone number;
(
c) all of the following information about the accredited program:
(
i) the name of the program,
(ii) the start and end date for the program,
(iii) the equipment to be provided to the international student in respect of
the program,
(iv) the requirements for completing the program, including passing
grade and the attendance;
(
d) a statement that the international student has received the information
required by
Section 7;
(
e) a payment
schedule for fees;
(
f) a statement that the international student has been advised of the
prerequisites for admission to the program and that the student meets those
prerequisites;
(
g) a statement that the student contract is subject to the Act and regulations
made under the Act, together with information on how to access the laws;
(
h) a statement of consent, signed by the international student, for sharing their
personal information with all of the following:
(
i) the Private Career College Division at the Department of Labour and
Advanced Education;
(ii) the federal Department of Citizenship and Immigration, and
(iii) the Canada Border Services Agency;
(
i) the date the student contract begins;
(
j) a statement that a program completion certificate will be issued by the
school no later than 30 days after the student has successfully completed all
program requirements if the student’s account is in good standing;
(
k) the school’s refund policy.
(4) A student contract must be signed by both of the following:
(
a) an authorized agent of the school;
(
b) the international student or, if the student is a minor, the student’s
recognized custodian as specified in the Custodianship Declaration required
by the federal Department of Citizenship and Immigration.
Cancellation of student contract
6 A student contract is deemed to be cancelled in any of the following circumstances:
(
a) notice is given by the international student as required by the refund policy;
(
b) the registered school dismisses the international student in accordance with
its policies.
Information provided before student contract signed
7 In addition to a copy of the policies and procedures required by subclause 6(e)(iii) of the
Act, as required by clause 12(
c) of the Act, before an international student enters into a
student contract with a registered school, the operator of the school must provide the
student with at least all of the following information:
(
a) an outline of the content of the accredited program;
(
b) the total estimated cost of the accredited program to a student, with the cost
of each of the following listed separately:
(
i) the tuition fee,
(ii) total cost of instructional materials, textbooks and equipment,
(iii) other fees associated with the program;
(
c) where the student can access a copy of the Act and the regulations made
under the Act.
Student contract to be given to student
8 An operator must provide each international student with a signed original of their
student contract before the accredited program’s start date.
Attendance register
(1) An operator must maintain an attendance register for each accredited program
showing the attendance record of each international student in the program.
(2) When requested, an operator must provide the Director with a copy of an
attendance register.
Student records
(1) An operator must keep a file at the school’s place of business for each international
student enrolled in an accredited program that includes at least all of the following
information for the student:
(
a) a copy of a government-issued photo identification;
(
b) a copy of all permits issued to the student by the federal Department of
Citizenship and Immigration;
(
c) any language proficiency testing results;
(
d) evidence of health insurance coverage;
(
e) performance evaluations;
(
f) attendance records;
(
g) records of complaints;
(
h) financial transaction records;
(
i) correspondence;
(
j) a copy of the signed student contract;
(
k) a copy of any request for a refund, and associated records;
(
l) any final transcripts.
(2) Except as provided in
Section 15 for a language school that is no longer registered,
an operator must retain copies of all final transcripts for 5 years after the
international student has completed or left the accredited program, and all other
information required by subsection (1) for at least 1 year after the student has
completed or left the program.
(3) On completion of an accredited program, an operator must submit to the Director a
copy of all of the following for each international student enrolled in the program:
(
a) their government-issued identification;
(
b) any transcripts, in a form acceptable to the Director.
(4) An operator must not keep an international student’s original passport, visa, study
permit or travel documents.
Filing complaint with Director
(1) A complaint must include all of the following:
(
a) the details of the dispute;
(
b) the resolution sought.
(2) A complaint must be filed
(
a) if the complainant is a student, no later than 90 days after the date of the last
class attended; or
(
b) if the complainant is not a student, as soon as practicable.
(3) The disclosure of the complaint required by clause 14(4)(
b) of the Act must be
provided no later than 7 days after the complaint is received.
(4) Any written response to a complaint by an operator must be submitted to the
Director no later than 7 days after the disclosure of the complaint is received.
Review by Senior Executive Director
12 A review by the Senior Executive Director requested in writing by an affected party
under
Section 15 of the Act, may be requested by filing a a notice with the Senior
Executive Director that includes all of the following:
(
a) an identification of the decision or administrative sanction that the party is
requesting a review of;
(
b) the resolution sought.
Reports to Director
(1) A registered school’s financial statements required to be provided annually under
clause 12(
e) of the Act must be provided to the Director, in a form acceptable to
the Director, no later than 90 days after the date of the school’s fiscal year end.
(2) A
summary report of the completion of each international student’s accredited
program is also required as reporting documentation required to be provided by an
operator under clause 12(
e) of the Act and must be provided quarterly and include
at least all of the following for each student:
(
a) full name;
(
b) date of birth;
(
c) start and end dates of the accredited program attended;
(
d) any final transcripts.
Notice respecting premises, equipment and facilities
14 At the request of the Director, an operator must provide the Director with written notice
that the premises, equipment, and other facilities used in the delivery of an accredited
program comply with industry standards and with all applicable building, fire, health,
sanitary and safety laws.
Records to Director if language school no longer registered
15 An operator must immediately send the Director all of their remaining original
international student files and any other information requested by the Director if any of
the following occur:
(
a) the operator’s certificate of registration has expired and the operator has not
applied for re-registration 30 days after the expiry date;
(
b) the operator’s certificate of registration is revoked, suspended or not
renewed by the Director, and 1 of the following also applies:
(
i) the time for filing a review under subsection 15(2) of the Act has
expired,
(ii) a review was conducted under
Section 15 of the Act and the Senior
Executive Director confirmed the Director’s decision to cancel,
suspend or not renew the certificate of registration.
Application for registration or renewal
(1) An application for registration or renewal of registration must be in a form
provided by the Director and submitted to the Director together with the fee in
Section 17.
(2) The Director may decline an application for registration or renewal of registration
if the application is incomplete, and may request additional information or that
changes be made to the application submitted if the Director considers it necessary
before considering the application.
Application fee for registration and renewal
17 The application fee required by clause 6(
f) of the Act for registering a language school or
renewing the registration of a language school is $618.00.
Section 17 amended: N.S. Reg. 180/2015.
Certificate of registration—form and expiry
(1) A certificate of registration must be in Form A.
(2) A certificate of registration issued to a school under the Act is valid for 2 years,
unless it is suspended or revoked earlier by the Director.
Criteria for renewal of registration
19 An operator applying for renewal of a registration must meet all of the requirements for
registration in
Section 3 of the Language Schools General Regulations made under the
Act, and all of the following criteria:
(
a) the operator must not have done any of the following within the previous 5
years:
(
i) failed to comply with a condition on a certificate of registration,
(ii) failed to comply with an order or directive of the Director,
(iii) been convicted of an offence under the Act or a regulation made
pursuant to the Act;
(
b) the operator must not have had a certificate of registration for a language
school or its equivalent denied, suspended or cancelled in another province
or territory.
________________________________________________________________
Form A—Language School Certificate of Registration
under the Language Schools Act , S.N.S. 2013, c. 5
This certificate of registration is issued under the Language Schools Act and its regulations to
(name of school)
to operate a language school for international students in the Province of Nova Scotia at the
following campuses:
The holder of this certificate must comply with the Language Schools Act and its regulations,
and all of the following conditions and restrictions:
1. the school’s premises, equipment and any other facilities used in the delivery of an
accredited program must comply with industry standards and with all applicable
building, fire, health, sanitary and safety laws
2. (list any other conditions/restrictions)
This certificate was issued on __________________, 20___, and expires on
__________________, 20____, unless revoked by the Director.
This certificate may not be transferred or assigned.
______________________________________
Director, Private Career Colleges Division
Department of Labour and Advanced Education
Legislative History
Reference Tables
Language School Accreditation and Accountability Regulations
N.S. Reg. 105/2014
Language Schools Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Language School Accreditation and Accountability Regulations made under the Language Schools Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
105/2014
Jul 8, 2014
date filed
Jul 25, 2014
180/2015
Apr 1, 2015
date specified
Apr 8, 2015
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
Provision affected
How affected
17......................................................
am. 180/2015
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections
Note
Effective
date
Original text does not include clauses 5(3)(i), (
j) and (k). Original clauses 5(3)(l), (
m) and (
n) relettered as (i), (
j) and (
k) respectively for the purposes of this consolidation.
Incorrect reference to subclause 6(e)(
c) of the Act changed to subclause 6(e)(
v) in
Section 3.
The reference to the Department of Labour and Advanced Education in subclause 5(3)(h)(
i) and Form A should be read as a reference to the Department of Advanced Educationin accordance with O.I.C. 2021-208 under the Public Service Act , R.S.N.S. 1989, c. 376.
Aug 31, 2021
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.