140_2016 Fees and Student Tuition Protection Fund Regulation B.C.

starts on the date a certificate is issued under section 7 [registrar issues certificates] of the Act, and

ends on the later of the following:

starts on the expiry date included in the certificate on the date that certificate is issued under section 7 [registrar issues certificates] of the Act, and

ends on the date the certificate ceases to be valid under section 10 [continuation of certificate term if application made before deadline] of the Act;

a person who accredits or licenses the persons described in section 4.9 (a) of the Aeronautics Act (Canada);

a person, classification society or other organization who may issue a Canadian maritime document, within the meaning of the Canada Shipping Act, 2001;

a first nation;

a treaty first nation;

the Nisg̱a'a Nation;

the Westbank First Nation;

the shíshálh Nation;

a society within the meaning of the Societies Act

a corporation incorporated under the Canada Not-for-profit Corporations Act

for which the tuition is equal to or greater than $4 000, or

the period of time that begins on the start date and ends on the end date of the program of instruction is longer than 6 months;

starts on the date the certificate is issued under section 7 [registrar issues certificates] of the Act, and

ends on the expiry date included in the certificate;

held a certificate under the Act, or

was registered under the former Act;

the regulatory body institution class consisting of institutions to which one of the following applies:

the language institution class consisting of institutions at which the only approved programs of instruction the institution provides or intends to provide are one or both of the following:

the Indigenous institution class consisting of Indigenous institutions.

Repealed. [B.C. Reg. 123/2021, s. 2 (b).]

$2 000 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

$1 000 if the application or new program of instruction relates to

the amount payable under subsection (1), and

the amount determined by the following formula:

the certified institution held a certificate on the application date for the new certificate,

the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

the number of months in the original term of the new certificate is less than 12 months.

determining the fee the institution would have been required to pay under section 8 had the institution been issued a new certificate with an original term of 12 months,

dividing the number of months in the original term of the new certificate by 12, and

multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

the certified institution held a certificate on the application date for the new certificate,

the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

the number of months in the original term of the new certificate is less than 12 months.

calculating the fee the institution would have been required to pay under section 10 had the institution been issued a new certificate with an original term of 12 months,

dividing the number of months in the original term of the new certificate by 12, and

multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

within 7 years after the date on which the first designation certificate is issued to the institution;

within 7 years after conducting the inspection referred to in paragraph (a) of this subsection;

within each successive 7 year period after conducting an inspection referred to in paragraph (b) of this subsection;

for the first day of the inspection, $2 500 for each inspector who conducts all or part of the inspection on that day;

for the second and each subsequent day of the inspection, $1 000 for each inspector who conducts all or part of the inspection on those days.

$100 per hour, if the inspector is an employee of the ministry;

$200 per hour, if the inspector is not

$300 per hour, if the inspector is a consultant with expertise in accounting, including in financial audits.

$100 for a change set out in any of the following:

$750 for a change set out in paragraph (d) [change in fiscal year];

$4 500 for a change set out in paragraph (g) [change of control];

$400 for a change set out in paragraph (h) [change in legal name or operating name].

$400 for a change set out in

$900 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;

$250 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;

$400 for a change set out in paragraph (e) [change in program outline].

section 47 (4) (b) [reconsideration fee];

section 50 (2) (b) [appeal fee];

section 54 (3) (b) [review of administrative penalty fee].

whether any of the institution's certificates have been suspended within the previous 2 years;

the institution's category rating for each criterion assessed under Part 6 [Category Assignment] of this regulation;

the length of time for which the institution has been certified under the Act;

whether the institution has had a change of control within the previous year;

if the institution has never held a certificate, the institution's balance sheet, as submitted with the institution's business plan under section 5 (2) (j) [application for certificate] of the Private Training Regulation;

the financial statements submitted under section 51 (1) [required financial statements] of the Private Training Regulation for any of the institution's 3 previous fiscal years;

current or updated information relating to the institution's financial viability, as requested by the registrar;

whether the institution is in the Indigenous institution class;

other information available to the registrar that the registrar considers relevant.

an irrevocable letter of credit issued by a savings institution;

a surety bond issued by a person who is authorized under the Financial Institutions Act to carry on insurance business;

cash derived directly from an instrument described in paragraph (a).

the certified institution held a certificate on the application date for the new certificate,

the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

the number of months in the original term of the new certificate is less than 12 months.

determining the amount the institution would have been required to pay under section 16 had the institution been issued a new certificate with an original term of 12 months,

dividing the number of months in the original term of the new certificate by 12, and

multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

the certified institution held a certificate on the application date for the new certificate,

the certificate held on the application date had an original term that was extended under section 10 [continuation of certificate term] of the Act, and

the number of months in the original term of the new certificate is less than 12 months.

determining the amount the institution would have been required to pay under section 18 had the institution been issued a new certificate with an original term of 12 months,

dividing the number of months in the original term of the new certificate by 12, and

multiplying the amount determined under paragraph (a) by the number determined under paragraph (b).

the operating name the institution uses;

the location where the institution provides, or from which the institution provides, the program of instruction the student was enrolled in;

the student's full legal name, usual first name, mailing address, telephone number and email address;

the student's date of birth;

the name of the approved program of instruction the student was enrolled in;

the start date and end date of the program of instruction as set out in the student enrolment contract;

whether the student

whether the student received a tuition refund and, if so, the amount of the refund;

if available, a copy of the student enrolment contract signed by the student, or other signatory, and the institution;

if applicable, the student's application number from StudentAid BC;

if available, evidence that the student, or another person on behalf of the student, paid tuition to the institution.

a description of the circumstances that gave rise to the claim;

a description of the steps the student took under the dispute resolution process;

all records or other things that are relevant to the claim.

the claimant,

the institution against which the claim is made, and

the registrar.

a copy of the claim, and

all available records and other things that the trustee considers relevant to the claim.

the claimant,

the institution against which the claim was made, and

the registrar.

delay or adjourn consideration of the claim for the time and on the terms the trustee considers appropriate;

consolidate the consideration of the claim with any other claim.

to the person appointed under section 18 (2) [program completion if institution ceased to hold certificate] of the Act;

to the government;

to the claimant.

to the government;

to the claimant.

section 2 [certificate required to provide career training programs];

section 11 (1) [requirement for approval];

section 13 (c) [comply with conditions attached to institution's certificate];

section 39 [prohibition on granting credentials];

section 41 (1) [prohibition on false or misleading representations about certificates];

section 41 (2) [prohibition on false, deceiving or misleading advertising or representation];

section 42 (1) [prohibition on false or misleading information].

section 7 (5) (a) [failure to post certificate at location];

section 7 (5) (b) [failure to post certificate on website];

section 19 [failure to establish dispute resolution for student complaints].

section 11 (4) [payment of inspection fee];

section 46 [manner and time for making payments].

section 18.1 (2) [limit on distance education];

section 21 (2) (a) [instructor qualification — academic course];

section 21 (2) (b) [instructor qualification — vocational or practical course];

section 21 (2) (c) [instructor qualification — language course];

section 21 (3) [instructor qualifications required by regulator];

section 24 (2) (b) [term of student enrolment contract];

section 36 [when and how refunds to be made];

section 41 (6) [work experience component compliance standards];

section 62.1 [prohibited advertising and representations].

section 23 (2) [written student enrolment contract];

section 24 (2) (c) [content of student enrolment contract];

section 24 (8) [provision of signed student enrolment contract];

section 28 [tuition refund policy];

section 29 (1) [when tuition can be accepted].

section 18 (2) (f) [student evaluation];

section 37 [student record compliance standards];

section 44 [credential compliance standards];

section 51 (1) [required financial statements];

section 53 [additional reporting requirements — student data report].

section 17 (2) (a), (f), (i) or (k) [post information on website];

section 17 (4) (a) (ii) [post inspection notice on website];

section 21 (2) (d) [performance evaluation];

section 38 [student record compliance standards — retention of student records];

section 39 [archived student record compliance standards];

section 40 [student attendance compliance standards];

section 48.1 (3) (c) [post sexual misconduct policy on website];

section 48.2 (4) [post statement of rights in prominent place];

section 62 (1) (a.1) [post dispute resolution process on website].

the institution has a period of continuous certification or registration of less than 2 years, or

the registrar has, within the previous 2 years, suspended a certificate held by the institution.

in relation to an institution that is applying for a registration certificate, determining the security payable by the institution under Part 3 [Security];

in relation to an institution that is issued a registration certificate or interim designation certificate, other than an institution to which section 30 [automatic assignment of Indigenous institution to category 1] or 31 [automatic assignment to category 3] applies,

the student withdrawal criterion under section 34 [determining result for student withdrawal criterion];

the compliance orders criterion under section 35 [determining result for compliance orders criterion];

the administrative penalties criterion under section 35.1 [determining result for administrative penalties criterion];

the claims against the fund criterion under section 36 [determining result for claims against fund criterion];

the current ratio criterion under section 37 [determining result for current ratio criterion];

the months of working capital criterion under section 38 [determining result for months of working capital criterion];

the change in revenue criterion under section 39 [determining result for change in revenue criterion];

the profit margin criterion under section 40 [determining result for profit margin criterion];

the true trust criterion under section 41 [determining result for true trust criterion];

the change of control criterion under section 41.1 [determining result for change of control criterion].

if the result is within the range or is the amount set out opposite in column 2, assign a category 1 rating for the assessment criterion;

if the result is within the range or is the amount set out opposite in column 3, assign a category 2 rating for the assessment criterion;

if the result is within the range or is the amount set out opposite in column 4, assign a category 3 rating for the assessment criterion;

if the registrar is unable to determine the result, assign a category 1 rating for the assessment criterion.

to category 1 if the institution has 7 or more category 1 ratings for the assessment criteria,

to category 2 if the institution has 5 or 6 category 1 ratings for the assessment criteria, and

to category 3 if the institution has 4 or less category 1 ratings for the assessment criteria.

1, if the institution has not had a change of control within the previous 5 years;

2, if the institution has had a change of control within the previous 5 years but not within the previous 2 years;

3, if the institution has had a change of control within the previous 2 years.

in relation to an institution that is applying for a designation certificate, determining the security payable by the institution under Part 3 [Security];

in relation to an institution that is issued a designation certificate, other than an institution to which section 30 [automatic assignment of Indigenous institution to category 1] or 31 [automatic assignment to category 3] applies,

each of the criteria under Division 2 [Category Assessments in Relation to Registration Certificates and Interim Designation Certificate];

the StudentAid BC support criterion under section 43 [determining result for StudentAid BC criterion];

the international student enrolment criterion under section 44 [determining result for international student enrolment criterion].

if the result is within the range or is the amount set out opposite in column 2, assign a category 1 rating for the assessment criterion;

if the result is within the range or is the amount set out opposite in column 3, assign a category 2 rating for the assessment criterion;

if the result is within the range or is the amount set out opposite in column 4, assign a category 3 rating for the assessment criterion;

if the registrar is unable to determine the result, assign a category 1 rating for the assessment criterion.

to category 1 if the institution has 8 or more category 1 ratings for the assessment criteria,

to category 2 if the institution has 6 or 7 category 1 ratings for the assessment criteria, and

to category 3 if the institution has 5 or less category 1 ratings for the assessment criteria.

by lump sum payment within 30 days after receiving notice from the registrar of the requirement to make the payment, or

by equal monthly instalments 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.

the certificate held by the institution on the application date for the new certificate had a term that was extended under section 10 [continuation of certificate term] of the Act, or

the new certificate has an original term of 6 months or less.

fees payable under Part 2 [Fees];

payments required under Division 1 [Payments to Fund] of Part 4 [Student Tuition Protection Fund];

payments required under section 26 [repayment of money by institution to fund];

payment of administrative penalties under the Act.

a cheque payable to the Minister of Finance, or

an electronic transfer of funds.