Accountability Regulations (N.S. Reg. 105/2014) (just regulations regs langaccred.htm)

N.S. Reg. 105/2014

Nova Scotia — Regulations

Accountability Regulations (N.S. Reg. 105/2014) (just regulations regs langaccred.htm)

N.S. Reg. 105/2014

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 105/2014
Date2014-01-01
Typeregulation
Volume / chapterjust regulations regs langaccred.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifierbb05efe0a37c2483c2a302957c8cef594088434e

Source file is stored in the law ingest library (htm).