Definitions

1  (1)  In this Act:

"commission" means the Private Post-Secondary Education Commission continued under section 2;

"executive director" means the person appointed by the commission under section 3 (1) (d);

"institution" means a person who provides or intends to provide post-secondary education;

"post-secondary education" means training or instruction that is

(a) provided to persons who are 17 years of age or older, or

(b) provided to persons under 17 years of age and is designated by regulation of the minister to be post-secondary education,

but does not include training or instruction that

(c) is provided by

(i)  a school as defined in the School Act,

(i.1)  a francophone education authority as defined in the School Act,

(ii)  an independent school, as defined in the Independent School Act, other than an independent school which offers to persons 17 years of age or older

(A)  courses for which high school graduation is a prerequisite, or

(B)  job training courses that are not part of or ancillary to the requirements for high school graduation,

(iii)  an institution as defined in the College and Institute Act, the open university established under the Open Learning Agency Act, Royal Roads University, Simon Fraser University, the Technical University of British Columbia, The University of British Columbia, the University of Northern British Columbia, the University of Victoria, Trinity Western University or the Seminary of Christ the King,

(iii.1)  a person designated by the executive director and to whom a consent under section 4 of the Degree Authorization Act is given to grant or confer a degree, or

(iv)  a professional organization established by an Act, if the training or instruction is part of professional requirements or is provided for professional development,

(d) in the opinion of the executive director, is provided solely for recreational purposes,

(e) is designated by regulation of the minister not to be post-secondary education, or

(f) is provided by a post-secondary institution established in Canada that is funded in whole or in part by the government of Canada or of a province and is a public institution designated for the purpose of this paragraph by order of the executive director.

(2)  The executive director must not designate a person under paragraph (c) (iii.1) of the definition of post-secondary education in subsection (1) if the person provides training or instruction that does not lead to a degree.

 Commission continued

2  (1)  The Private Post-Secondary Education Commission is continued as a corporation.

(2)  The commission is responsible for

(a) consumer protection in respect of registered institutions, and

(b) ensuring that standards of integrity and educational competence are met by accredited institutions

providing private post-secondary education in British Columbia.

(3)  The commission consists of not more than 15 members appointed by the minister.

(4)  The minister must designate one member as chair and may also designate a vice chair.

(5)  Each member must be appointed for a term of not longer than 3 years.

(6)  A member may be reappointed for a further term but may not be a member for more than 6 consecutive years.

(7)  Each member of the commission is entitled to be reimbursed by the commission for reasonable travelling and other out of pocket expenses necessarily incurred in the discharge of the member's duties and may be paid remuneration by the commission at a rate determined by the minister.

 Duties and powers of commission

3  (1)  Subject to the regulations, the commission

(a) may issue directives to one or more institutions, or applicable to a class of institutions, respecting any aspect of its or their operation,

(b) must establish criteria for accreditation of institutions that do not conflict with standards set out in the regulations,

(c) may require an institution to submit such information related to its operations as the commission considers necessary to determine that the prescribed standards and the commission's criteria are being met, and

(d) must appoint an executive director and may specify duties and responsibilities of the position in addition to those provided by this Act.

(2)  The commission must determine the remuneration and other terms and conditions of employment of the executive director.

(3)  The commission may appoint or employ employees it considers necessary to carry on its business and operations and may define the duties of these employees and, subject to the regulations, determine their remuneration and other terms and conditions of their employment and provide a system of organization to carry out the business of the commission.

(4)  The Public Service Act and the Public Service Labour Relations Act do not apply to the commission and its employees.

(5)  The commission may delegate to the executive director some or all of its powers or responsibilities under sections 3 (1) (c) and (3), 5 (2), 16 and 23.

(6)  Despite subsection (1) (a), the minister may, by order, rescind a directive issued by the commission and may specify that the order is effective on the date the directive was issued by the commission.

 Examination and evaluation

4  (1)  The executive director may designate one or more employees of the commission as an examiner.

(2)  The executive director or a person designated as an examiner may at any reasonable time do any of the following:

(a) enter any building used in the operation of an institution for the purposes of conducting an examination and evaluation;

(b) examine any record of an institution relating to its operation or administration;

(c) examine the achievement of students and examine and assess teachers, programs, operations and administration of the institution.

(3)  An examiner must report the results of an examination to the executive director.

 Registration required

5  (1)  An institution must not provide or offer to provide post-secondary education unless it is registered.

(2)  The commission may, with the approval of the minister, exempt an institution from the requirement to be registered.

(3)  If the registration of an institution is suspended under section 7 (3) or (4) (d) (ii), the institution, during the period of the suspension,

(a) may continue to provide post-secondary education, subject to the conditions the executive director may specify under section 7 (4) (d) (ii), to students enrolled and in good standing at the institution on the date the suspension is issued, and

(b) must not enroll, provide post-secondary education to, or offer to enroll or provide post-secondary education to, students other than those described in paragraph (a).

 Application for registration

6  (1)  Subject to the regulations, every application for registration or renewal of registration must be made in the prescribed form to the executive director and must be accompanied by

(a) evidence of

(i)  a bond, or

(ii)  if required by the executive director, another form of security satisfactory to the executive director,

in an amount satisfactory to the executive director,

(b) any information required by the regulations in the prescribed form,

(c) any information required by the commission, and

(d) the prescribed fee.

(2)  If an applicant carries on, or intends to carry on, business at more than one location in British Columbia, an application for registration or renewal of registration must be made for each location.

 Registration certificate

7  (1)  On application by an institution, the executive director must, subject to subsections (3) and (4), issue a registration certificate or a renewal of a registration certificate if the executive director is satisfied that the institution

(a) meets the requirements of this Act, the regulations and any applicable directives issued by the commission, and

(b) has complied with all other

(i)  enactments of British Columbia, and

(ii)  bylaws made under the authority of the Community Charter, the Local Government Act or the Vancouver Charter

that apply to the premises and equipment used by the institution or that apply to any housing supplied to the students.

(2)  The executive director may set terms or conditions for granting or continuing a registration certificate.

(3)  The executive director may suspend, revoke or refuse registration if an institution is in breach of this Act, the regulations, a directive issued by the commission or terms or conditions set under subsection (2).

(4)  If the executive director considers that the financial responsibility or past conduct of

(a) an applicant or person registered, or

(b) if the applicant or person registered is a corporation, its officers or directors

is such that it would not be in the public interest for the applicant or person to be registered or continue to be registered, the executive director may,

(c) if the application is made under section 6, refuse to register or to renew registration, or

(d) if a person is registered,

(i)  cancel the registration, or

(ii)  suspend the registration for the period of time and subject to the conditions that the executive director considers necessary.

 Term of registration

8  (1)  A registration certificate expires at midnight on the day before the first anniversary of the day it came into effect.

(2)  [Not in force see Supplement]

(3)  An institution referred to in subsection (2) must not use any term or representation in its promotional literature or advertising that expresses or implies approval or recognition by the commission or the government.

 Change of ownership of registered institution that is not accredited

9  (1)  An institution that is registered but not accredited under this Act must, at least 14 days before the event, notify the executive director in writing, if the institution

(a) is a corporation and a transfer of a controlling interest in it will occur, or

(b) is not a corporation and a transfer of ownership will occur,

of the name and address of the person to whom the transfer will be made, and must promptly supply any additional information requested by the executive director.

(2)  On receipt of notification under subsection (1), the executive director must review the registration of the institution to ensure that the institution continues to meet the requirements of this Act, the regulations and any applicable directives issued by the commission.

 Change of operation

10  (1)  An institution registered under this Act must notify the executive director in writing not later than 14 days after

(a) any change in the teaching staff at the institution if it is an accredited institution,

(b) relocation of the institution,

(c) a change in the equipment used at the institution that will materially affect the content or delivery of a course, or

(d) a material change in the course content of the post-secondary education provided by the institution.

(2)  On receipt of notification under subsection (1), the executive director may direct the institution to reverse the change described in the notice or to make further changes in accordance with the executive director's directions.

 Accreditation available

11  An institution registered under this Act may apply for accreditation.

 Application for accreditation

12  (1)  Every application for accreditation must be made in the prescribed form to the executive director and be accompanied by

(a) any additional information required by the commission,

(b) the prescribed application fee, and

(c) a deposit towards the costs of carrying out the accreditation, in an amount determined by the executive director.

(2)  If an applicant carries on, or intends to carry on, business at more than one location in British Columbia, an application for accreditation must be made for each location.

(3)  The applicant must pay all fair and reasonable costs incurred by the commission as a result of the application for accreditation and, on receipt of a statement of expenses from the commission, must promptly pay the amount, less the deposit paid under subsection (1).

 Accreditation teams

13  (1)  The executive director may, for the purposes of issuing, reviewing or renewing an accreditation certificate,

(a) constitute one or more external accreditation teams,

(b) appoint the members of those teams,

(c) specify the duties of those teams, and

(d) provide for remuneration of and payment or reimbursement of expenses to members of the teams.

(2)  The executive director may specify that an accreditation team constituted under subsection (1) has the powers specified in section 4 (2) for a person designated as an examiner.

 Accreditation certificate

14  (1)  On application by an institution for accreditation or renewal of accreditation, and on the approval of the investigating accreditation team, the executive director must issue an accreditation certificate if the executive director is satisfied that the institution and the education provided by it meet the standards set out in the regulations and the criteria for accreditation established by the commission.

(2)  The executive director may set terms or conditions that must be met before an accreditation certificate will be granted or continued.

(3)  The executive director may suspend, revoke or refuse accreditation if an institution is in breach of this Act, the regulations or a directive issued by the commission.

(4)  An institution that holds a valid accreditation certificate must, in all promotional literature and advertising, use one of the following phrases:

(a) "Accredited by the Private Post-Secondary Education Commission of the Province of British Columbia";

(b) "Certified by the Private Post-Secondary Education Commission of the Province of British Columbia".

(5)  An institution referred to in subsection (4) must not use any other term or representation in its promotional literature or advertising that expresses or implies approval or recognition by the commission or the government.

 Annual report

15  On or before the anniversary of its accreditation, an accredited institution must submit an annual report to the executive director in the form and manner and providing the information required by the executive director.

 Accreditation term

16  The term of accreditation for an institution must be determined by the commission but must not be longer than 5 years.

 Renewal

17  An applicant for renewal of accreditation must apply to the executive director 6 months before the expiry of its accreditation certificate.

 Change of ownership of accredited institution

18  (1)  An institution that is accredited under this Act must, at least 90 days before the event, notify the executive director in writing, if the institution

(a) is a corporation and a transfer of a controlling interest in it will occur, or

(b) is not a corporation and a transfer of ownership will occur,

of the name and address of the person to whom the transfer will be made, and must promptly supply any additional information requested by the executive director.

(2)  On receipt of notification under subsection (1), the executive director must review the accreditation of the institution to ensure that the institution continues to meet the requirements of this Act, the regulations and the criteria of the commission for accreditation.

 Investigation

19  (1)  On receipt of notification under section 9, 10 or 18, the executive director may have the institution investigated and, in the case of an accredited institution, may appoint an accreditation team.

(2)  The institution must pay all the costs of an investigation under this section, as determined by the commission, including the costs of an accreditation team if one is appointed to investigate.

 Response or withdrawal of application for accreditation

20  An applicant may, within 30 days after receiving the written report of the accreditation team, respond to the report, and may choose to withdraw its application before a decision is made by the executive director.

 Notice in writing

21  The executive director must provide a copy of a decision made under section 7 or 14 to the applicant for or holder of the registration or accreditation to which the decision relates.

 Right to appeal

22  (1)  An institution whose application for registration or accreditation is refused or whose registration or accreditation is revoked or suspended may, not more than 30 days after the date it receives written notice of the decision of the executive director, appeal to the commission.

(2)  The commencing of an appeal constitutes a stay of the decision being appealed from unless the commission or the panel hearing the appeal otherwise orders.

(3)  The chair of the commission

(a) may establish a panel consisting of 3 or 5 members of the commission to hear an appeal, and

(b) must appoint one of the members as the chair of the panel.

(4)  The commission must establish the procedure to be followed in hearing an appeal from a decision of the executive director.

(5)  The commission or a panel may confirm, reverse or vary the decision being appealed from.

 Additional duties and powers of the commission

23  The commission,

(a) subject to the regulations, may establish alternate requirements to those set out in section 6 (2) or 12 (2) if, in the opinion of the commission, extreme hardship would result in the particular circumstances of an institution and the welfare of the students would not be jeopardized,

(b) must collect, and provide within a reasonable time, all information requested by the minister, and

(c) must maintain a list of institutions registered or accredited in British Columbia and must make this list available to the public.

 Annual report to minister

24  Within 90 days of its fiscal year end, the commission must submit to the minister in a form approved by the minister

(a) a report of the commission on its operations for the preceding fiscal year,

(b) a financial report of the commission as of the end of the preceding fiscal year prepared by an auditor authorized to be an auditor of a company under section 205 of the Business Corporations Act, and

(c) such other information as may be required by the minister.

 Accreditation report

25  In addition to being presented to the executive director, the written report of an accreditation team must be disclosed to the applicant and must be provided, on request, to the commission, the minister or a court, but must not be made available to any other person.

 Confidentiality

26  Commission members, contractors and employees of the commission and members of accreditation teams must maintain confidentiality regarding all information obtained from applicants and must not disclose information to another person unless

(a) the disclosure is required by or under an enactment of British Columbia or Canada,

(b) the disclosure is to counsel in respect of a proceeding or is given in evidence in a proceeding,

(c) the institution to which the information relates consents in writing to the disclosure, or

(d) the disclosure is to

(i)  members of the commission,

(ii)  the executive director or other employees of the commission, or

(iii)  persons who are engaged by the commission, and are designated by the executive director.

 Certificate of registration or accreditation

27  (1)  An institution must display its current registration certificate and, if applicable, its accreditation certificate in a location where it can be readily observed by its students and the public.

(2)  If the registration or accreditation of an institution expires, is revoked or is suspended, the institution must promptly return all relevant certificates to the executive director.

 Tuition refunds

28  (1)  If

(a) an institution is not registered with the commission, or

(b) in the opinion of the executive director a student was misled as a result of a representation made by an institution or its agent regarding the institution or any aspect of its operations,

on the request of the student, the institution must refund the total fees paid by the student within 30 days of the date of the request and must not retain any portion as an administration or other type of fee.

(2)  A refund required to be made under subsection (1) is recoverable as a simple contract debt.

(3)  A letter purporting to be signed by the executive director stating that, at the date the fees were paid, the institution was not registered under this Act is evidence of that fact and is admissible without proof of the signature of the person who signed it.

 Employment service

29  An institution must not request or accept compensation for offering or finding employment or providing information about employment.

 Goods or services of students

30  (1)  An institution must, before selling or permitting to be sold to the public goods or services of any student of the institution, apply to and obtain from the executive director written authorization to do so.

(2)  If, in the opinion of the executive director, the sale will be in the best interests of the students of that institution, the executive director may authorize, in writing, the sale.

 Cessation of operation

31  An institution that ceases to operate must advise the executive director within 7 days of the cessation of business, and the institution must take such steps as the executive director may require to preserve its student transcripts.

 Injunctive relief

32  (1)  The commission may apply to the Supreme Court for an interim or permanent injunction restraining a person or institution from contravening this Act.

(2)  In an application under subsection (1) for an interim injunction

(a) the court must give greater weight, importance and the balance of convenience to the enforcement of this Act than to the continued operation of the institution,

(b) the commission is not to be required to post a bond or give an undertaking as to damages, and

(c) the commission need not establish that irreparable harm will be done if the interim injunction is not issued.

(3)  Despite any other Act, an appeal to the Court of Appeal does not operate as a stay of an interim or permanent injunction issued under this section.

 Actions against commission

33  (1)  An action for damages does not lie and may not be instituted against a member of the commission or an officer or employee of the commission for anything said or done or omitted to be said or done by him or her in the performance or intended performance of a duty or the exercise of a power or for any alleged neglect or default in the performance or intended performance of the duty or the exercise of the power.

(2)  Subsection (1) does not provide a defence if

(a) the member, officer or employee has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or

(b) the cause of action is libel or slander.

(3)  Subsection (1) does not absolve the commission from vicarious liability arising out of a tort committed by a member, officer or employee of the commission for which the commission would have been liable had subsection (1) not been in force.

 False advertising

34  An institution must not engage in advertising or make a representation that is false, deceptive or misleading.

 Penalties

35  (1)  Section 5 of the Offence Act does not apply to this Act or the regulations.

(2)  A person or institution commits an offence if the person or institution does any of the following:

(a) contravenes section 5, 27, 28, 29, 30, 31 or 34;

(b) provides false or misleading information to the commission or the public;

(c) fails to provide information within a reasonable time to persons authorized under sections 6 and 7;

(d) fails to maintain confidentiality as required by section 26;

(e) provides post-secondary education at a location for which a valid registration certificate has not been obtained;

(f) contravenes the regulations;

(g) contravenes a directive.

(3)  An accredited institution commits an offence if it fails to obtain a certificate of accreditation for each location where the institution provides post-secondary education.

(4)  A person or institution that commits an offence under subsection (2) or (3) is liable to a fine of not more than $25 000.

(5)  If a corporation commits an offence, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence even though the corporation is convicted.

 Powers of minister

36  (1)  The minister may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the minister may make regulations respecting the following:

(a) the requirements to be met by institutions seeking registration or renewal of registration;

(b) the fee to be paid by an institution on application for registration or accreditation, including the penalty to be paid for late filing of an application for renewal;

(c) standards for accreditation under this Act;

(d) information that must be supplied by an institution, the persons to whom the information must be supplied and the circumstances in which the information must be supplied;

(e) the circumstances under which the commission may exempt an institution from all or part of section 6 or section 12 (2).

(3)  The minister may prescribe different fees for different classes of institutions established by a regulation under subsection (2) (b).

(4)  A regulation under subsection (2) (d) may empower the commission to set additional requirements for disclosure of information by institutions.

(5)  The minister may appoint and remove commission members.

(6)  The minister may order the commission to investigate any matter to which this Act applies, and, in so doing, the commission has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

(7)  The minister may require the commission to provide further information or a report.

 Commission funding

37  (1)  Fees and penalties prescribed by the minister under section 36 (2) (b) and (3) and the deposit and costs referred to in section 12 are payable to and must be retained by the commission for use in carrying out its duties, powers and functions under this Act.

(2)  Subsection (1) applies despite section 12 of the Financial Administration Act.