SECTION
OF THE PCC ACT REGULATIONS PERTAINING TO THE RETENTIONAND
REPAYMENT OF FEES 20. A Private Career College may
charge a registration fee that shall not exceed
100 percent of the total cost of the course of
instruction or $100, which ever 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.
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 ore 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 percent 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 percent 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 and for or on account of
the fees by or on behalf of the person except,
i. The registration fee under
section 20, and
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 percent of the difference between the
fees for the course of instruction 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.
- (2) The maximum amount a Private
Career College may retain under clause (1) (c)
is $200.
- (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
- (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
obligated 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. s21.
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 percent of the fees for the course of instruction.
R.R.O. 1990, Reg. 939, s.22.
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.
-(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
(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.
-(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.
-(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.24.
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.
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 school regulation, misconduct or failure
to pay the required fees under 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
supplies and serviced to the date of dismissal
bears to the course of instruction; and
c) 10 percent 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
-(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 willful action of such student. R.R.O. 1990,
Reg. 939, s. 25