Section 1 definition of "aboriginal institution", paragraph (f) (part) BEFORE amended by BC Reg 140/2016, effective November 28, 2016.
Section 1 definitions of "aboriginal", "aboriginal institution", "aboriginal institution class", "certificate application date", "extended certificate term", "number of certificate or registration years", "original certificate term" and "post-program payment institution class" BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
"aboriginal" means relating to the Indian, Inuit or Métis peoples of Canada;
"aboriginal institution" means an institution that is operated by one or more of the following:
(d) the Westbank First Nation;
(f) a society within the meaning of the Societies Act
(i) that has as one of its purposes providing post-secondary education to aboriginal persons, and
(ii) of which the majority of the directors are aboriginal persons;
(g) a corporation incorporated under the Canada Not-for-profit Corporations Act
(i) that has as one of its purposes providing post-secondary education to aboriginal persons, and
(ii) of which the majority of the directors are aboriginal persons;
"aboriginal institution class" means the class established under section 2 (c) [classes of institutions];
"certificate application date" means the date the registrar receives an institution's application for a certificate;
"extended certificate term" means the period that
(a) starts on the expiry date included in a certificate issued under section 7 of the Act, and
(b) ends on the date the certificate ceases to be valid under section 10 of the Act;
"number of certificate or registration years" means the number of years an institution continuously held a certificate under the Act or was registered under the former Act on the date the institution's certificate is issued;
"original certificate term" means the period that
(a) starts on the date a certificate is issued under section 7 of the Act, and
(b) ends on the expiry date included in the certificate;
"post-program payment institution class" means the class of institutions established under section 2 (d);
Section 1 definitions of "application date", "change of control", "extended term", "Indigenous institution", "Indigenous institution class", "original term" and "period of continuous certification or registration" were added by BC Reg 123/2021, effective September 1, 2021.
Section 1 definition of "Indigenous institution", paragraph (e) BEFORE amended by BC Reg 123/2024, effective June 10, 2024.
Section 1 definition of "employer provided program" BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
"employer provided program" means a program of instruction in which all the students enrolled are funded by one employer or by one other third party;
Section 2 (c) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(c) the aboriginal institution class consisting of aboriginal institutions;
Section 2 (d) BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
(d) the post-program payment institution class consisting of institutions at which the only approved programs of instruction the institution provides or intends to provide are employer provided programs and the tuition is paid after the students have completed the program.
Section 3 (2) and (3) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(2) The fee payable by an institution
(a) applying for a registration certificate is $2 450, if the institution does not hold a registration certificate, and
(b) applying for a designation certificate is $2 600, if the institution does not hold an interim designation certificate or a designation certificate.
(3) An institution that is required to pay a fee under subsection (2) must pay $1 000 for each additional location, if the institution provides or intends to provide a program of instruction at more than one location.
Section 3 (4) was added by BC Reg 123/2021, effective September 1, 2021.
Section 3 (2), (3) and (4) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(2) If an institution applying for a registration certificate or designation certificate does not hold a certificate on the application date for the registration certificate or designation certificate, the institution must submit a fee in the amount of $3 300.
(3) If an institution applying for a registration certificate holds a designation certificate or interim designation certificate on the application date for the registration certificate, the institution must submit a fee in the amount of $500.
(4) If an institution applying for a designation certificate holds a registration certificate on the application date for the designation certificate, the institution must submit a fee in the amount of $500.
Section 4 BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
Certification fees
4 (1) For the purposes of section 7 (1) (d) [registrar issues certificates] of the Act, the fees set out in this section are prescribed.
(2) The fee payable by an institution is the fee set out in column 2 of Table 1 of the Schedule opposite the institution's annual tuition revenue in column 1.
Section 5 (2) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(2) The fee payable by an institution is
(a) $500 in relation to the following:
(ii) in the case of an institution that is applying for a designation certificate or that holds an interim designation certificate or a designation certificate, language programs, and
(b) $200 in relation to career-related programs of instruction, that are not career training programs for which the tuition is equal to or greater than $1 000, if the institution
(i) holds an interim designation certificate or a designation certificate, or
(ii) is applying for a designation certificate.
Section 5 (3) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(3) An institution must pay the fees payable under this section when the institution submits the required information and records under section 13 [information and records required for decision whether to approve program of instruction] of the Private Training Regulation.
Section 5 (4) and (5) were added by BC Reg 123/2021, effective September 1, 2021.
Section 5 (2) (a) and (b) (part) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(a) $900 if the application or new program of instruction relates to a career training program prescribed as a Class A program under the Private Training Regulation, or
(b) $500 if the application or new program of instruction relates to
Section 5 (4) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(4) An institution applying for a certificate, or a certified institution that intends to provide a new program of instruction, must submit a fee in the amount of $150 if the application or new program of instruction relates to a program of instruction for which the registrar's approval is not required.
Section 7 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Flat rate fees
7 (1) Subject to subsection (2), the flat rate fee that a certified institution that holds a certificate on the institution's certificate application date must pay is the amount determined by multiplying the number of months in the original certificate term by the monthly flat rate fee set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1.
(2) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act, the flat rate fee that the institution must pay is determined as follows:
| flat rate fee = (ECM x MFRF) + (M x MFRF) | |||
| where | |||
| ECM | = | the number of months of the extended certificate term of the previous certificate; | |
| MFRF | = | the monthly flat rate fee set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(3) The flat rate fee that a certified institution that does not hold a certificate on the institution's certificate application date must pay is the amount determined by multiplying the number of months in the original certificate term by $76.42.
Section 8 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Graduated fees — 12-month certificate term
8 (1) Subject to section 10 [graduated fees — category 3 institutions] and this section, the graduated fee that a certified institution that is issued a certificate with a term of 12 months must pay is determined as follows:
| graduated fee = ATR x GFP | |||
| where | |||
| ATR | = | 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 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 2. | |
(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).
(3) If, on the date the institution's certificate is issued, a certified institution in the regulatory body institution class or the language institution class
(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and
(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],
the applicable percentage for the purposes of determining the graduated fee under subsection (1) is 0.2%.
(4) A certified institution in the aboriginal institution class that is issued a certificate with a term of 12 months must pay a graduated fee that is determined by multiplying the institution's annual tuition revenue by 0.2%.
Section 9 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Graduated fees — certificate term other than 12 months
9 (1) Subject to section 10 and this section, the graduated fee that a certified institution that is issued a certificate with a certificate term of other than 12 months must pay is determined as follows:
| graduated fee = | (ATR x GFP)̱ 12 | x M |
| where | |||
| ATR | = | 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 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 2; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).
(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or in the language institution class
(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and
(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],
the applicable percentage for the purposes of determining the graduated fee under subsection (1) is the percentage set out in column 3 of item 2 of Table 3 of the Schedule.
(4) The graduated fee that a certified institution in the aboriginal institution class that is issued a certificate with a term of other than 12 months must pay is determined as follows:
| graduated fee = | (ATR x 0.2%)̱ 12 | x M |
| where | |||
| ATR | = | the institution's annual tuition revenue; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(5) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the graduated fee that the institution must pay is determined in accordance with section 8 of this regulation as if the certificate term were 12 months.
Section 10 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Graduated fees — category 3 institutions
10 (1) The graduated fee that a certified institution that
(a) is assigned to category 3 by the registrar in accordance with Part 6 [Category Assignment], and
(b) was issued a certificate with a certificate term of 12 months
must pay is 1.04% of the institution's annual tuition revenue.
(2) Subject to subsection (3), the graduated fee that a certified institution that
(a) is assigned to category 3 by the registrar in accordance with Part 6, and
(b) was issued a certificate with a certificate term of other than 12 months
must pay is determined as follows:
| graduated fee = | (ATR x 1.04%)̱ 12 | x M |
| where | |||
| ATR | = | the institution's annual tuition revenue; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(3) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the graduated fee that the institution must pay is determined in accordance with subsection (1) of this section as if the certificate term were 12 months.
(4) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the graduated fee under subsection (1).
(5) This section does not apply to an institution that is in the language institution class or the regulatory body institution class if the institution has continuously held a certificate under the Act or was registered under the former Act for 2 years or less.
Section 10 (1) (part) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
| percentage | = | (a) | 0.26% in the case of an institution that | ||
| (i) | is in the language institution class or regulatory body institution class, and | ||||
| (ii) | has a period of continuous certification or registration of less than 2 years, or | ||||
| (b) | 1.352% in any other case. | ||||
Section 11 (1), (2) and (3) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(1) For the purposes of section 13 (h) [certified institution fees] of the Act, the inspection fee set out in subsection (2) of this section is prescribed for certified institutions.
(2) If an inspection under section 29 (b) [compliance inspections] of the Act indicates that an institution may not be complying with the Act, the regulations under the Act or the requirements of other government programs prescribed by the Private Training Regulation and a follow-up inspection under section 29 (b) is required, the institution must pay an inspection fee of
(a) $100 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is an employee of the ministry,
(b) $200 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is not an employee of the ministry and is not a consultant with expertise in accounting, including in financial audits, and
(c) $300 per hour for each inspector who conducts all or part of the follow-up inspection if the inspector is a consultant with expertise in accounting, including in financial audits.
(3) In addition to the inspection fees prescribed under subsection (2), a certified institution that holds a designation certificate must pay an inspection fee in an amount equal to the total of $1 750 per inspector plus $1 500 for the following inspections:
(a) an inspection that is conducted within one year of the date the first designation certificate is issued to the institution;
(b) a subsequent inspection that is conducted within 7 years of the inspection referred to in paragraph (a) or within 7 years of the most recent inspection.
Section 11 (3.1) was added by BC Reg 123/2021, effective September 1, 2021.
Section 11 (3) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(3) The inspection fee payable by a certified institution for a designation review is the amount equal to the sum of $2 500 and the following, as applicable:
(a) for the first day of the inspection, $1 750 for each inspector who conducts all or part of the inspection on that day;
(b) for the second and each subsequent day of the inspection, $750 for each inspector who conducts all or part of the inspection on those days.
Section 12 (1) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
Fees for changes requiring notice or consent
12 (1) For the purposes of section 14 (2) (d) [change fees] of the Act, the following fees are prescribed:
(a) the fee payable by a certified institution in relation to a change set out in section 56 (2) (g) [change of control] of the Private Training Regulation is $1 500;
(b) in relation to a change set out in section 57 [changes requiring notice and consent] of the Private Training Regulation, unless paragraph (b) or (c) of this subsection applies,
(i) the fee payable by a certified institution that holds a registration certificate is $100, and
(ii) the fee payable by a certified institution that holds an interim designation certificate or a designation certificate is $200;
(c) the fee payable by a certified institution in relation to a change set out in section 57 (d) [change in location] of the Private Training Regulation is $500;
(d) the fee payable by a certified institution in relation to a change set out in section 57 (e) [change in program outline] of the Private Training Regulation is $200.
(2) The fee payable under subsection (1) must be included with the notification required under the Act.
Section 12 (1.1) and (1.2) were added by BC Reg 123/2021, effective September 1, 2021.
Section 12 (2) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(2) The fee payable under subsection (1) must be included with the notification required under the Act.
Section 12 (1.1) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(1.1) The fees payable by a certified institution in relation to the changes set out in the following paragraphs of section 56 (2) of the Private Training Regulation are as follows:
(a) $500 for a change set out in paragraph (d) [change in fiscal year];
(b) $100 for a change set out in paragraph (e) [change in whether program of instruction is provided];
(c) $1 000 for a change set out in paragraph (g) [change of control];
(d) $200 for a change set out in paragraph (h) [change in legal name or operating name].
Section 12 (1.2) (a) (part), (b), (c) and (d) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(a) $250 for a change set out in
(b) $500 for a change set out in paragraph (d) [change in location], if the change relates to a location where or from which the institution provides approved programs of instruction;
(c) $200 for a change set out in paragraph (d) [change in location], if the change relates to a location where or from which the only programs of instruction provided by the institution are programs of instruction for which the registrar's approval is not required;
(d) $250 for a change set out in paragraph (e) [change in program outline].
Part 3 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Security
14 (1) The registrar must take into account the following considerations when determining whether security is required under section 7 (1) (c) [security] of the Act:
(a) whether 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;
(b) how long the institution has been certified under the Act or was registered under the former Act;
(c) the category to which the institution is assigned by the registrar in accordance with Part 6 [Category Assignment];
(d) if the institution holds a certificate, the amount of unearned tuition revenue reported in the financial statements submitted to the registrar under section 51 (1) [reporting requirements] of the Private Training Regulation;
(e) if the institution does not hold a certificate, the institution's balance sheet submitted as part of the institution's business plan under section 5 (2) (j) [application for certificate] of the Private Training Regulation;
(f) whether the institution is in the aboriginal institution class;
(g) whether the institution is in the post-program payment institution class.
(2) The following types of security are acceptable:
(a) an irrevocable letter of credit issued by a savings institution;
(b) a surety bond issued by a person authorized under the Financial Institutions Act to carry on insurance business;
(c) cash, if it is derived directly from an instrument described in paragraph (a).
(3) The maximum amount of security that may be required is $100 000.
Part 3, section 14.1 and 14.2 were enacted by BC Reg 123/2021, effective September 1, 2021.
Section 16 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Payments to fund — 12-month certificate term
16 (1) Subject to sections 18 to 20 and this section, a certified institution that is issued a certificate with a term of 12 months must pay to the fund an amount that is determined as follows:
| payment to fund = ATR x P | |||
| where | |||
| ATR | = | the institution's annual tuition revenue; | |
| P | = | the percentage of the institution's annual tuition revenue set out in column 4 of Table 3 of the Schedule 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 2. | |
(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).
(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or the language institution class
(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and
(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],
the applicable percentage for the purposes of determining the amount of the payment to the fund under subsection (1) is the percentage set out in column 4 of item 2 of Table 3 of the Schedule.
Section 17 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Payments to fund — certificate term other than 12 months
17 (1) Subject to sections 18 to 20 and this section, a certified institution that is issued a certificate with a certificate term of other than 12 months must pay to the fund an amount that is determined as follows:
| payment to fund = | (ATR x P)̱ 12 | x M |
| where | |||
| ATR | = | the institution's annual tuition revenue; | |
| P | = | the percentage of the institution's annual tuition revenue set out in column 4 of Table 3 of the Schedule 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 2; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(2) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).
(3) If, on the date the institution's certificate is issued, an institution in the regulatory body institution class or the language institution class
(a) continuously held a certificate under the Act or was registered under the former Act for 2 or more years, and
(b) is assigned to category 1 or category 2 by the registrar in accordance with Part 6 [Category Assignment],
the applicable percentage for the purposes of determining the amount of the payment to the fund under subsection (1) is the percentage set out in column 4 of item 2 of Table 3 of the Schedule.
(4) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the amount that the institution must pay to the fund is determined in accordance with section 16 of this regulation as if the certificate term were 12 months.
Section 18 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Payments to fund — category 3 institutions
18 (1) A certified institution that
(a) is assigned to category 3 by the registrar in accordance with Part 6 [Category Assignment], and
(b) was issued a certificate with a certificate term of 12 months
must pay to the fund an amount that is 1% of the institution's annual tuition revenue.
(2) Subject to subsection (3), a certified institution that
(a) is assigned to category 3 by the registrar in accordance with Part 6, and
(b) was issued a certificate with a certificate term of other than 12 months
must pay to the fund an amount that is determined as follows:
| payment to fund = | (ATR x 1%)̱ 12 | x M |
| where | |||
| ATR | = | the institution's annual tuition revenue; | |
| M | = | the number of months of the original certificate term of the current certificate. |
(3) If the certificate term of the certificate a certified institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act and the institution is issued a certificate with a term of less than 12 months, the amount that the institution must pay to the fund is determined in accordance with subsection (1) of this section as if the certificate term were 12 months.
(4) If an institution does not hold a certificate on the institution's certificate application date, the total tuition revenue the institution estimates it will earn in respect of approved programs of instruction in the institution's current fiscal year in respect of the certificate term must be substituted for the institution's annual tuition revenue for the purposes of determining the amount of the payment to the fund under subsection (1).
(5) This section does not apply to the following:
(a) an institution that is in the language institution class or the regulatory body institution class if the institution has continuously held a certificate under the Act or was registered under the former Act for 2 years or less;
(b) an institution that is in the post-program payment institution class.
Section 19 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Payments to fund — specified conditions
"current ratio" means an institution's current assets in the institution's previous fiscal year divided by the institution's current liabilities in that fiscal year;
"debt ratio" means an institution's total liabilities in the institution's previous fiscal year divided by the institution's total assets in that fiscal year.
(2) A certified institution must pay to the fund the amounts determined under sections 16 (1) and (3) and 17 (1) and (3), 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 show a debt ratio of less than 0.2;
(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 or the post-program payment institution class.
Section 22 (1) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(1) If a claim was filed on the grounds referred to in section 23 (1) (a) [institution ceased to hold any certificate] of the Act, the trustee must, within 15 days of receiving the claim, give a summary of the claim to the institution.
Section 23 (1) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(1) If a claim was filed on the grounds referred to in section 23 (1) (b) [certified institution misled student] of the Act, the trustee must, within 15 days of receiving the claim, give to the institution a copy of the claim and all records or other things that are relevant to the claim provided by the claimant to the trustee.
Section 23 (2.1) was added by BC Reg 123/2021, effective September 1, 2021.
Section 27 (2) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(2) A certified institution that contravenes any of the following provisions of the Act is liable to an administrative penalty of $500 for each contravention:
(a) section 14 (1) (b) [implementation of change that requires notification and consent];
(b) section 19 [failure to establish dispute resolution process for student complaints].
Section 27 (3) (c) was added by BC Reg 123/2021, effective September 1, 2021.
Section 28 (2) to (5) BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
(2) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $1 000 for each contravention:
(a) section 21 (2) (a) [instructor qualification — academic course];
(b) section 21 (2) (b) [instructor qualification — vocational or practical course];
(c) section 21 (2) (c) [instructor qualification — language course];
(d) section 21 (3) [instructor qualifications required by regulator];
(e) section 58 (c) [notice of change].
(3) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $750 for each contravention:
(a) section 23 (2) [written student enrolment contract];
(b) section 24 (3) [content of student enrolment contract];
(c) section 24 (6) [provision of signed student enrolment contract];
(d) section 28 (1) [fee compliance standards];
(e) section 30 (2) [when institution may accept tuition];
(f) section 35 [fee and tuition refund payment compliance standards];
(g) section 41 (6) [work experience component compliance standards].
(4) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $500 for each contravention:
(a) section 18 (2) (f) [student evaluation];
(b) section 44 [credentials compliance standards];
(c) section 53 [additional reporting requirements — student data report];
(d) section 54 [additional reporting requirements — specified certified institutions].
(5) A certified institution that contravenes any of the following provisions of the Private Training Regulation is liable to an administrative penalty of $250 for each contravention:
(a) section 21 (2) (d) [performance evaluation];
(b) section 37 (2) [current student record];
(c) section 38 [retention of student records];
(d) section 39 [archived student record compliance standards];
Section 31 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Automatic assignment to category 3
31 Subject to section 30, the registrar must assign an institution to category 3 if on the date the certificate is issued
(a) the institution has 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, Division 2 heading BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Division 2 — Registration Certificate or Interim Designation Certificate
Section 32 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Category assignment framework
32 (1) Subject to sections 30 [automatic assignment to category 1] and 31 [automatic assignment to category 3],
(a) for the purposes of section 14 (1) (c) [security], this section applies to an institution that is applying for a registration certificate, and
(b) for the purposes of sections 8 to 10 [graduated fees] and Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund] of this regulation and section 52 [required financial statements] of the Private Training Regulation, this section applies to an institution that holds a registration certificate or an interim designation certificate.
(a) conduct an assessment in respect of an institution in accordance with this section, and
(b) assign an institution to a category.
(3) Subject to subsection (4), in conducting an assessment under this section, the registrar must
(a) determine a score for each assessment criterion referred to in sections 33 to 41, and
(b) determine the category rating for each assessment criterion by comparing the scores determined under paragraph (a) of this subsection with the applicable column of Table 4 of the Schedule opposite the assessment criterion in column 1.
(4) If the registrar is unable to determine a score for an assessment criterion in accordance with the applicable section, the category rating for the assessment criterion is a category 1 rating.
(5) After conducting an assessment under subsection (2), the registrar must assign the institution
(a) to category 1 if the institution has 5 or more category 1 ratings for the assessment criteria,
(b) to category 3 if the institution has 5 or more category 3 ratings for the assessment criteria, and
Section 33 BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
Change in student enrolment
33 (1) The score for the change in student enrolment criterion is determined as follows:
| PCSE = 100 × [(SPFY - PFYSE) / PFYSE] | |||
| where | |||
| PCSE | = | the percentage of change in student enrolment; | |
| SPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year; | |
| PFYSE | = | the number of students enrolled in approved programs of instruction during the fiscal year prior to the institution's previous fiscal year. |
(2) The score determined under subsection (1) may be a positive or negative percentage.
Section 34 (1) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(1) Subject to subsection (2), the score for the student withdrawal criterion is determined as follows:
| percentage of student withdrawal = 100 × (SWPFY / SEPFY) | |||
| where | |||
| SWPFY | = | the number of students who withdrew from approved programs of instruction after the start date of the approved program of instruction during the institution's previous fiscal year; | |
| SEPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year. | |
Section 35 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Administrative penalties and compliance orders
35 (1) Subject to subsection (2), the score for the compliance orders and administrative penalties criterion is the number of compliance orders issued under section 32 [compliance orders] of the Act and of administrative penalties imposed under section 33 [determination of administrative penalties] of the Act in respect of the institution during the institution's previous fiscal year.
(2) A contravention of a provision of the Act or the regulations that results in both a compliance order being issued and an administrative penalty being imposed is to be counted as one to establish the number under subsection (1) to determine the score to be used in the assessment.
Section 36 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Claims against fund
36 The score for the claims against the fund criterion is determined as follows:
| PC = 100 x (NCPFY / SEPFY) | |||
| where | |||
| PC | = | the percentage of approved claims against the fund in relation to total students enrolled; | |
| NCPFY | = | the number of claims against the fund filed by students of the institution approved by the trustee under section 24 [authority of trustee in dealing with claims] of the Act during the institution's previous fiscal year; | |
| SEPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year. | |
Section 41.1 BEFORE re-enacted by BC Reg 207/2024, effective January 1, 2025.
Determining result for change of control criterion
41.1 An institution's result for the change of control criterion
(a) is 1 if the institution has not had a change of control within the previous 2 years, or
(b) is 2 if the institution has had a change of control within the previous 2 years.
[en. B.C. Reg. 123/2021, s. 25.]
Section 42 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Category assignment framework
42 (1) Subject to sections 30 [automatic assignment to category 1] and 31 [automatic assignment to category 3],
(a) for the purposes of section 14 (1) (c) [security], this section applies to an institution that is applying for a designation certificate, and
(b) for the purposes of sections 8 to 10 [graduated fees] of this regulation and section 52 [required financial statements] of the Private Training Regulation, this section applies to an institution that holds a designation certificate.
(a) conduct an assessment in accordance with this section, and
(b) assign an institution to a category.
(3) Subject to subsection (4), in conducting an assessment under this section, the registrar must
(a) determine a score for each assessment criterion referred to in sections 33 to 41 and 43 to 45, and
(b) determine the category rating for each assessment criterion by comparing the score determined under paragraph (a) of this subsection with the applicable column of Table 4 of the Schedule opposite the assessment criterion in column 1.
(4) If the registrar is unable to determine a score for an assessment criterion in accordance with the applicable section, the category rating for the assessment criterion is a category 1 rating.
(5) After conducting an assessment under subsection (2), the registrar must assign an institution
(a) to category 1 if the institution has 7 or more category 1 ratings for the assessment criteria,
(b) to category 3 if the institution has 7 or more category 3 ratings for the assessment criteria, and
Section 43 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
StudentAid BC support
43 The score for the StudentAid BC support criterion is determined as follows:
| PSPFY = 100 × (CSS / SEPFY) | |||
| where | |||
| PSPFY | = | the percentage of students receiving StudentAid BC funding at the institution in the institution's previous fiscal year; | |
| CSS | = | the number of students who started or who are continuing in an approved program of instruction in the institution's previous fiscal year who received StudentAid BC funding in their student enrolment contract term; | |
| SEPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year. | |
Section 44 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
International student enrolment
44 The score for the international student enrolment criterion is determined as follows:
| PISSC = 100 × (NISSC / SEPFY) | |||
| where | |||
| PISSC | = | the percentage of international students with citizenship from one country; | |
| NISSC | = | the number of international students with citizenship from one country that is the largest group of international students with citizenship from one country; | |
| SEPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year. | |
Section 45 BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
Employment or further education
45 (1) The score for the employment or further education criterion is determined as follows:
| PSE = 100 × [(NSRE + NSNRE + NSPSI) / SEPFY] | |||
| where | |||
| PSE | = | the percentage of students in employment or further education; | |
| NSRE | = | the number of students who obtained employment in a career occupation related to the student's credential within 6 months after being granted a credential; | |
| NSNRE | = | the number of students employed in a career occupation that is not related to the student's career training credential within 6 months after being granted a credential; | |
| NSPSI | = | the number of students enrolled in further training or a post-secondary institution within 6 months after being granted a credential; | |
| SEPFY | = | the number of students enrolled in approved programs of instruction during the institution's previous fiscal year. | |
(2) International students must be excluded when determining the score under subsection (1).
Section 46 (2) and (3) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(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
(i) in the case of flat rate fees, in the amount set out in column 2 of Table 2 of the Schedule opposite the institution's annual tuition revenue in column 1 or set out in section 7 (3), as applicable,
(ii) in the case of graduated fees, in equal monthly instalments, and
(iii) in the case of 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) The fee or payment payable under subsection (1) must be 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 if
(a) the certificate term of the certificate an institution held immediately before the current certificate was extended under section 10 [continuation of certificate term] of the Act, or
(b) the original certificate term of a certificate is 6 months or less.
Section 47 (1) BEFORE amended by BC Reg 123/2021, effective September 1, 2021.
(1) Subject to subsection (2),
(a) the fees payable under Part 2 [Fees],
(b) the payments to the fund under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund],
(c) the payments required under section 26 [repayment of money by institution to fund], and
(d) the payment of administrative penalties under the Act
must be paid by
(e) cheque, payable to the Minister of Finance,
(g) electronic funds transfer.
Section 47 (1.1) and (1.2) were added by BC Reg 123/2021, effective September 1, 2021.
Schedule Table 1 BEFORE repealed by BC Reg 123/2021, effective September 1, 2021.
Table 1 — Certification Fees
| Item | Column 1 Institution's Annual Tuition Revenue ($) | Column 2 Certification Fee ($) |
| 1 | 0 | 83 |
| 2 | 1 to 24 999 | 33 |
| 3 | 25 000 to 49 999 | 83 |
| 4 | 50 000 to 99 999 | 132 |
| 5 | 100 000 to 349 999 | 199 |
| 6 | 350 000 to 699 999 | 315 |
| 7 | 700 000 to 999 999 | 420 |
| 8 | 1 000 000 to 2 499 999 | 639 |
| 9 | 2 500 000 to 4 999 999 | 855 |
| 10 | 5 000 000 to 7 499 999 | 1 071 |
| 11 | 7 500 000 to 10 000 000 | 1 295 |
| 12 | Greater than 10 000 000 | 1 577 |
Schedule Table 2 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Table 2 — Flat Rate Fees
| Item | Column 1 Institution's Annual Tuition Revenue ($) | Column 2 Monthly Flat Rate Fees ($) |
| 1 | Less than 25 000 | 30.58 |
| 2 | 25 000 to 49 999 | 76.42 |
| 3 | 50 000 to 99 999 | 122.25 |
| 4 | 100 000 to 349 999 | 183.33 |
| 5 | 350 000 to 699 999 | 290.33 |
| 6 | 700 000 to 999 999 | 385.83 |
| 7 | 1 000 000 to 2 499 999 | 588.33 |
| 8 | 2 500 000 to 4 999 999 | 787.08 |
| 9 | 5 000 000 to 7 499 999 | 985.75 |
| 10 | 7 500 000 to 10 000 000 | 1 192.08 |
| 11 | Greater than 10 000 000 | 1 451.92 |
Schedule Table 2 BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
Table 2 — Flat Rate Fees
| Item | Column 1 Institution's Annual Tuition Revenue | Column 2 Monthly Flat Rate Fee |
| 1 | Less than $25 000 | $108.34 |
| 2 | $25 000 to $49 999 | $108.34 |
| 3 | $50 000 to $99 999 | $173.23 |
| 4 | $100 000 to $349 999 | $259.89 |
| 5 | $350 000 to $699 999 | $411.55 |
| 6 | $700 000 to $999 999 | $546.43 |
| 7 | $1 000 000 to $2 499 999 | $834.05 |
| 8 | $2 500 000 to $4 999 999 | $1 115.83 |
| 9 | $5 000 000 to $7 499 999 | $1 397.50 |
| 10 | $7 500 000 to $10 000 000 | $1 690.00 |
| 11 | Greater than $10 000 000 | $2 058.34 |
Schedule Table 2.1 BEFORE amended by BC Reg 207/2024, effective January 1, 2025.
Table 2.1 — Graduated Fees for Category 1 or 2 Institutions
| Item | Column 1 Description of Certified Institution | Column 2 Period of Continuous Certification or Registration | Column 3 Percentage of Annual Tuition Review | |
| Category 1 | Category 2 | |||
| 1 | Institution in Indigenous institution class | zero or more years | 0.2% | not applicable |
| 2 | Institution in language institution class or regulatory body institution class | 2 or more years | 0.26% | 0.3% |
| 3 | Institution that holds registration certificate, other than institution in Indigenous institution class, language institution class or regulatory body institution class | 2 or more years but less than 5 years | 0.71% | 0.819% |
| 5 or more years but less than 11 years | 0.585% | 0.675% | ||
| 11 or more years | 0.52% | 0.6% | ||
| 4 | Institution that holds interim designation certificate or designation certification, other than institution in Indigenous institution class, language institution class or regulatory body institution class | 2 or more years but less than 5 years | 0.385% | 0.444% |
| 5 or more years but less than 11 years | 0.325% | 0.375% | ||
| 11 or more years | 0.26% | 0.3% | ||
Schedule Table 3 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Table 3 — Graduated Fees and Payments to Fund
| Item | Column 1 Institution | Column 2 Number of Certificate or Registration Years | Column 3 Graduated Fees — Percentage of Annual Tuition Revenue (%) | Column 4 Payment to Fund — Percentage of Annual Tuition Revenue (%) |
| 1 | All institutions other than an institution in the aboriginal institution class, the language institution class or the regulatory body institution class | less than 2 years | 1.04 | 1 |
| 2 | Institution in the language institution class or the regulatory body institution class | less than 2 years | 0.2 | 0.35 |
| 3 | Institution that holds a registration certificate | 2 or more years but less than 5 years | 0.546 | 0.75 |
| 4 | Institution that holds a registration certificate | 5 or more years but less than 11 years | 0.45 | 0.5 |
| 5 | Institution that holds a registration certificate | 11 or more years | 0.4 | 0.475 |
| 6 | Institution that holds an interim designation or designation certificate | 2 or more years but less than 5 years | 0.296 | 0.45 |
| 7 | Institution that holds an interim designation or designation certificate | 5 or more years but less than 11 years | 0.25 | 0.4 |
| 8 | Institution that holds an interim designation or designation certificate | 11 or more years | 0.2 | 0.35 |
Schedule Table 4 BEFORE re-enacted by BC Reg 123/2021, effective September 1, 2021.
Table 4 — Category Assignment
| Item | Column 1 Assessment Criteria | Column 2 Category 1 | Column 3 Category 2 | Column 4 Category 3 |
| 1 | Change in student enrolment | more than -10% | -10% to -30% | less than -30% |
| 2 | Student withdrawal | less than 3% | 3% to 13% | more than 13% |
| 3 | Compliance orders and administrative penalties | zero | 1 to 3 | more than 3 |
| 4 | Claims against the fund | zero | 2% or less | more than 2% |
| 5 | Current ratio | more than 1.5 | 1 to 1.4 | less than 1 |
| 6 | Months of working capital | more than 1.5 | 1.25 to 1.5 | less than 1.25 |
| 7 | Change in revenue | more than -10% | -10% to -30% | less than -30% |
| 8 | Profit margin | more than 1% | 0% to 1% | less than 0% |
| 9 | True trust | more than zero | zero | less than zero |
| 10 | StudentAid BC support | 50% or less | 51% to 70% | more than 70% |
| 11 | International student enrolment | less than 70% | n/a | 70% or more |
| 12 | Employment or further education | more than 80% | 60% to 80% | less than 60% |