Private Career Training Institutions Agency Bylaws

In these Bylaws, unless the context otherwise requires:
"Agency" means the Private Career Training Institutions Agency (PCTIA) as described in the relevant sections of the Private Career Training Institutions Act of the Province of British Columbia from time to time in force and all amendments to it.

"Board" means the Private Career Training Institutions Agency Board as described in the relevant sections of the Private Career Training Institutions Act of the Province of British Columbia from time to time in force and all amendments to it.

"PCTI Act" means the Private Career Training Institutions Act of the Province of British Columbia from time to time in force and all amendments to it.

"Registrar" means the registrar appointed under section 5 (5) of the Private Career Training Institutions Act.

"Regulation" means the Regulation established under the Private Career Training Institutions Act
The definitions in the PCTI Act shall be the definitions for the purposes of these Bylaws.

PART II: FORMALITIES

Formalities

The mailing address of the Head Office of PCTIA shall be 300‐5172 Kingsway, Burnaby, BC, V5H 2E8. All letters of appeal or time‐sensitive information requested by the Agency or the Registrar must be delivered to the Head Office via registered mail or courier.
The execution of documents required to be in writing shall be in accordance with the PCTI Act. Documents of the Agency shall be properly executed if witnessed by the signatures of the Chairperson of the Board or as otherwise directed by the Board.
The Board shall ensure that all necessary books and records of the Agency required under these the Bylaws or any applicable statute of law are regularly and properly kept. Such books and records shall be kept in the custody of the Registrar. Access shall be determined from time to time, according to Agency policy.

PART III: THE BOARD

Board Composition

Following the appointment of an initial Board by the Minister as per section 4 (1) of the Act, the Agency shall elect 4 Board members who shall serve three‐year terms commencing October 1, 2006, and 3 Board members who shall serve three year terms commencing April 2, 2009. Thereafter elections for the Board will be held at 18month intervals.
The Board shall consist of 10 members in total. Pursuant to section 4 (2) (b) of the Act, 3 Board members shall be appointed by the Minister. The remaining 7 Board members shall be elected by active registered institutions in good standing as follows:
1. 5 elected Board members representing institutions whose main campuses are located in the Lower Mainland region (Metro Vancouver and Fraser Valley); and
2. 2 elected Board members representing institutions whose main campuses are located elsewhere in British Columbia.
Board member positions are designated regionally and the number of seats per region is relative to the total number of registered Agency members.

Terms of Office

Each Board member will be elected for a term of 3 years.
No Board member shall be eligible to serve for more than 2 consecutive terms.

Nominations for Board Elections

Nominating Committee

The Board shall establish a Nominating Committee for the purpose of recruiting, identifying, evaluating and nominating candidates for election to the Board. The Nominating Committee shall consist of 3 members appointed by the Board Chairperson from among those Board members whose positions are not up for election. In addition, the Registrar shall be an ex‐ officio member of the Nominating Committee
The members of the Nominating Committee shall select a Chairperson from among the three committee members.
Two voting members of the Nominating Committee shall constitute a quorum.
Members of the Nominating Committee shall be permitted to participate and vote by teleconferencing.
Meetings of the Nominating Committee shall be held in‐camera. The Chairperson of the Nominating Committee may invite other persons to attend in‐camera meetings.
With respect to any conflict of interest arising during meetings of the Nominating Committee, members shall adhere to these Bylaws.

Nomination Process

The Nominating Committee will consider candidates for election to the Board. In considering candidates, the Nominating Committee will ensure that the collective mix of skills and experience of the nominees supports the Board’s ability to govern the Agency and to meet government, consumer, and industry needs.
The Nominating Committee shall prepare a list of nominees who are eligible for election to the Board. In preparing the list of nominees, the Nominating Committee shall consider a variety of factors including:
1. A candidate’s overall competence, his or her knowledge and experience in the industry, as well as the skills and the value he or she could bring to the business of the Agency, including his or her financial expertise, legal expertise, marketing expertise, partnership development experience, or previous board experience;
2. Regional representation on the Board; and
3. A mix of institutions as regards a mix of registered and accredited institutions, and as regards size of institution and type of programming
As per section 6(4) of the PCTI Act, nominees to the Board must represent an institution whose registration and/or accreditation has been in good standing with the Agency for a period of at least two year
A registered institution is permitted to recommend only 1 candidate for consideration by the Nominating Committee. To recommend an individual for consideration by the Nominating Committee, the registered institution must submit the name of the candidate to the Registrar, together with biographical information and background material sufficient for the Nominating Committee to evaluate the nominee.
Candidates recommended for election must be an owner or an employee of a registered institution, but not necessarily of the registered institution nominating the person.
No more than 1 owner or employee of any registered institution may serve on the Board at any given time.

Election Process

All active registered institutions in good standing are eligible to participate in the election of the Board.
The Agency shall communicate with each of its members regarding elections through the member’s designated PCTIA voting representative as identified by the institution on their Registration Application form and updated as required on the Verification of Registration Information form. In addition, all election information shall be posted on the Agency’s website.
Each registered institution, through its designated representative, is eligible to submit a single ballot, and may cast a vote for as many seats as are open in both regions. In order to submit a ballot, registered institutions must be in good standing at the time of ballot distribution, and must have provided the Agency with the name and email address for their designated voting representative.
Board members are elected by a mail ballot vote of active registered institutions in good standing. A printed ballot will be sent to the designated voter for each active registered institution, together with full instructions for marking and returning by the required date
In cases where more than one regional Board member is to be elected, the nominees receiving the highest number of votes will be declared elected.
If any vacancy remains unfilled after the first ballot, as may happen if there are two or more nominees, the names of all nominees remain on the ballot and the balloting will be repeated for that vacancy as many times as necessary to obtain a majority vote for a single candidate.
Balloting will be dispensed with if there is only one nominee for a regional vacancy, and the nominee will be declared elected by acclamation in respect of that Region.

Resignation or Removal of a Board Member

A Board member may resign upon giving written notice, addressed and delivered to the Chairperson, with a copy to the Registrar.
A Board member who ceases to own or be an employee of a registered institution shall cease to be a member of the Board.
A Board member who represents an institution that ceases to be a registered institution shall cease to be a Board member
A Board member who fails to attend 2 consecutive Board meetings without offering in writing good and valid reasons acceptable to the Board shall cease to be a Board member.
Notwithstanding sections 7.2) through 7.4) herein, a Board member may be removed from office at any time by a special resolution of the members of the Board passed by a two‐thirds majority vote of members present in person or by proxy and entitled to vote, provided that:
1. Before the Board members act in accordance with section 7.5), a notice of special resolution for removal shall be provided to the Board members, accompanied by a brief statement of the reason or reasons for the proposed removal; and
2. The Board member who is the subject of the proposed resolution for removal shall be given an opportunity to be heard at the meeting before the special resolution is put to a vote.
Vacancies on the Board resulting from the resignation or removal of a Board member will normally be filled at the next regularly scheduled election, although a by‐election to fill one or more vacancies may be called for at the discretion of the Board.

Meetings of the Board

Regular meetings of the Board will be held on a bi‐monthly basis unless otherwise ordered by the Chairperson.
The meetings of the Board and its committees shall be governed by the PCTI Act and the relevant sections of these Bylaws. Where the Act and Bylaws are silent, the latest edition of Robert’s Rules of Order shall govern.
A quorum for Board meetings shall be a majority of current members of the Board.
If 30 minutes after the time appointed for the meeting of the Board there shall be no quorum present, then the meeting shall stand adjourned to a date fixed by the Chairperson. The names of the Board members present at the expiration of the said thirty minutes shall be recorded.
At all meetings of the Board, any Board member, senior administrator or designated representative may speak to any matter before the Board, but only Board members may move, second, or vote on any motion.
A resolution of the Board may be passed by a telephone, facsimile or email poll, providing a majority support of the Board is received.
Meetings of the Board, unless in‐camera, are open to the public. The following matters shall be considered at in‐camera meetings, unless otherwise directed by the Board:
1. The conduct, discipline, suspension, appeal and all other matters relating to specific registered institutions;
2. Matters relating to the acquisition, disposition, or security of real property, where it is in the interest of the Board to maintain confidentiality or protect the privacy of a registered institution or individual;
3. Matters of a contractual or financial nature where it is in the interest of the Board to maintain confidentiality;
4. All personnel matters relating to salaries, conditions of employment, or discipline; and
5. Matters where Board liability may arise and legal opinions respecting the liability or interest of the Board.
Notice, with agenda, of regular meetings shall normally be distributed to members of the Board 7 calendar days prior to the meeting.
Minutes of regular meetings, as approved by the Board, shall be posted on the Agency web site.

Election of Board officers

The officers of the Board will include a Chairperson and a Vice‐Chairperson, elected for 1 ‐year terms.
The election of officers will occur on the occasion of the first meeting of the initial Board appointed by the Minister, and thereafter on the occasion of the annual general meeting.
The Registrar will call the inaugural Board meeting and annual general meetings to order and call for nominations for the position of Chairperson. When the Chairperson of the Board has been elected, he or she will take the chair and accept nominations for the position of Vice‐ Chairperson.

Board Committees

The Board shall have the following standing committees:
1. Finance, Personnel and Student Training Completion Fund Committee;
2. Bylaw, Policy and Quality Assurance Committee; and
3. Nominating Committee.
The Board shall establish additional committees as may be required from time to time. The appointment of Board members to committees will be in accordance with these Bylaw or as per Board policy.

Annual General Meeting

The regular meeting of the Board held in June of each year shall be known as the annual general meeting.
At each annual general meeting, the minutes of the previous annual general meeting must be read and approved and the audited financial statements for the PCTIA’s past fiscal year, as well as the audited statements for the Student Training Completion Fund, must be received.
A majority of current members of the Board, as well as those other members who are in attendance, shall constitute quorum for the annual general meeting.

Board Policies

Conflict of interest

Every Board member and others designated by the Board who are, in any way, directly or indirectly interested in a proposed contract, transaction, or student complaint being considered by the Agency shall disclose to the Board the nature of the financial or other interest:
1. At the Board meeting at which a proposed contract, transaction, or student complaint is first considered;
2. Where the Board member was not at the time of the meeting interested in a proposed contract, transaction or student complaint, at the first meeting after the Board member becomes interested; or
3. At the first meeting after the relevant facts regarding the potential conflict come to the Board member’s knowledge.
Board members who have disclosed a conflict of interest shall abstain from voting on the approval of the proposed contract or transaction.
A Board member who has disclosed a conflict of interest shall not be counted in the quorum for the purposes of voting on the proposed contract or transaction. This does not preclude the Board member from participating in discussion.
Where a contract or transaction or proposed contract or transaction is one that, in the ordinary course of the Agency’s business, would not require resolution by the Board, a Board member shall disclose the nature of his/her interest forthwith after the Board member becomes aware of the contract or transaction or proposed contract or transaction.
A sufficient disclosure of interest for the purpose of section 12.4) shall be a general notice in writing filed with the Registrar and read into the minutes of a meeting of the Board to the effect that the individual is a Board member or officer of a specified corporation or firm, or holds a specified office or possesses property, together with a brief statement of the nature of the conflict of interest or duty.
A Board member should not request and shall not be provided access to information on competitor institutions beyond that which is available to the public on the Agency’s web‐site.
These provisions regarding conflict of interest apply to the Board and all committees of the Board.
Any Board member may request a determination by the Board as to whether he or she has a conflict of interest. If the Board, by a majority of those present and entitled to vote (except for these purposes the Board member making the request) determines that there is no conflict, then the Board member may vote and be counted in the quorum for the purposes of voting a proposed contract or transaction and no disclosure pursuant to a conflict shall be required. If the Board as constituted as aforesaid determines that there is a conflict of interest, then the Board member shall comply with this By‐law.

Appointment of an Auditor

Pursuant to section 5(3) of the PCTI Act, the Board shall appoint an auditor qualified under section 205 of the Business Corporations Act.
Within 90 calendar days of the end of the fiscal year of the Agency, the Board shall submit to the Minister in a form approved by the Minister, a financial report of the operation of the Student Training Completion Fund as of the end of the preceding fiscal year prepared by the appointed auditor.

Annual Report

Within 90 calendar days of the end of the fiscal year of the Agency, the Board must submit to the Minister, and post on the Agency website, an Annual Report which provides information related to the business of the Agency during that year.

Strategic Plan

Within 90 calendar days of the end of the fiscal year of the Agency, the Board must submit to the Minister, and post on the Agency website, a Strategic Plan for the upcoming year.

PART IV: REGISTRATION

Requirement to Register

As per section 7(1) of the PCTI Act, a person must not provide or offer to provide career training unless the person is a registered institution. “Career training” means training or instruction in the skill and knowledge required for employment in an occupation defined in the Regulation for which:
1. The tuition charged is greater than or equal to $1,000; and
2. The instructional time is greater than or equal to 40 hours.
If an institution is required to register because it plans to offer to deliver one or more career training programs that exceed the time and cost thresholds set out in the Regulation, then all of its training and instruction in the skill and knowledge required for employment in an occupation comes under the regulatory scope of the Agency.
The Registrar shall grant registration as a registered institution to each person who applies to the Agency for registration, satisfies the Registrar that the person meets registration requirements under the PCTI Act, the Regulation and these Bylaws, and who pays the fees set by these Bylaws.
The Agency will provide to each applicant for registration an information package which will include written notice that a list of registered institutions seeking accreditation will be posted and maintained on the Agency’s website and that notice of all suspensions and cancellations of the registration or accreditation of the institution, including notice or any outstanding applications for reconsideration or appeal, will be published on the Agency’s website for a period of five years following such suspension or cancellation.

Categories of Institutions

A main campus is the primary location of an institution to be registered with the Agency. This campus is required to fulfill all applicable registration requirements.
A branch campus is any location of an institution other than the main, but under the same corporate structure as the main campus, that:
1. Is permanent in nature;
2. Has a separate student body;
3. Has a resident administration;
4. Offers a full program leading to a certificate or a diploma; and
5. Is geographically separate from the main campus such that students may not easily avail themselves of the educational and administrative services of the main campus
A branch campus may offer programs different from those offered at the main campus. A branch should have a significant amount of responsibility for administrative control, academic affairs, and student and financial services to respond to student needs on a day‐to‐day basis but should depend on the main campus for general management and academic and budgetary guidance.
A learning site is a location contiguous to a main or branch campus where educational services are conducted. The geographical location of the learning site is set up in such a way that students can easily avail themselves of the educational and administrative services of a main or branch campus.
A satellite is a site geographically separate from a main or branch campus that is used intermittently for the delivery of courses or programs. It is not a permanent site, and does not provide the educational and administrative services of a main or branch campus.

Applications for Registration

Attendance at Workshop

The institution’s owner, senior education officer or appropriate management team representative(s) must attend an Agency registration workshop within 6 months prior to submitting an application for registration

Required Information

After attending the registration workshop, an institution may submit an application for registration by completing the Agency’s Registration Application Package. The Registration Application Package may be obtained from the Agency’s web site or at the registration workshop.
The Registration Application Package must be submitted to the Registrar within 6 months after workshop attendance. The application package must include:
1. All application forms, completed as required;
2. All required attachments; and
3. The non‐refundable registration application fee(s.)
Institutions must provide the following items to the Agency in their application for registration:
1. Legal and operating names of the institution;
2. Legal status of institution (sole proprietor, partnership, society, corporation) along with the following information:
  1. Sole proprietorships or partnerships must provide evidence of registration with the Registrar of Companies;
  2. Incorporated institutions must provide copies of the securities register and directors register;
  3. Partnerships or franchise owners must submit a signed copy of the partnership or franchise agreement; and
  4. Societies must provide a list of their Board of Directors;
3. Addresses for the head office, the main campus and all other operating sites, categorized as main, branch, learning site and satellite as defined in the Bylaws;
4. Telephone, facsimile, and email contact information as well as website addresses for all campuses and other operating sites;
5. Names and personal contact information (addresses, email, telephone) of all principals, shareholders, or owners;
6. Name and qualifications of the senior educational and/or administrative officer;
7. Declaration as to whether or not any of the principals, shareholders, owners, or officers of the institution have previously been involved in bankruptcy proceedings or the closure of a private career training institution;
8. Copy of current business license;
9. Balance sheet and pro‐forma budget for the next fiscal year, indicating the start and end dates for the institution’s fiscal year;
10. Copies of Program Information Forms and required attachments as provided by the Agency for each career training and short‐duration program offering ,with tuition expressed in Canadian dollars;
11. Sample copy of student enrolment contract as described in these Bylaws;
12. Registration application fees;
13. A copy of a signed contract between the institution and a vendor acceptable to the Agency, confirming that the vendor is capable of providing secure off‐site storage and access to the files for a period of 55 years after they have been stored with the vendor;
14. Evidence from the institution’s insurer that the institution has purchased commercial general liability insurance to protect their facilities, officers and employees against claims due to accidents incurred by students while attending the institution or another required location;
15. Evidence from the institution’s insurer that the institution has purchased liability insurance to protect work‐sites against claims due to accidents incurred by students while attending a work‐experience placement; and
16. Legal signature or electronic facsimile.

Site Visit

Institutions applying for registration must provide an opportunity for 1 or more representatives appointed by the Agency to make a site visit.

Requests for Additional Information

The Agency may request any additional information necessary to enable the Registrar to review an application for registration, and the applicant or registered institution must provide the information requested.

Compliance with Basic Education Standards

The Board must, in addition to providing consumer protection to the students and prospective students of registered institutions, establish basic education standards for registered institutions. Accordingly, institutions applying for registration must meet the basic education standards as set out in these Bylaws.

Expiry of Application

Applications for registration will expire 6 months from the original date of application if the institution has not yet successfully completed the requirements for registration. In the event an application for registration expires, the registration application fees shall not be refunded.

Reapplying for Registration

Persons whose applications for registration have expired or whose registration has been cancelled may not reapply for registration for a period of at least 1 calendar year.

Denial of Registration

The Registrar may deny a new registration on the basis of the information obtained under the requirements of these Bylaws or the PCTI Act if the Registrar determines that the registration of the institution would not be in the public interest.

PART V: REQUIREMENTS FOR REGISTERED INSTITUTIONS

Registration Certificates

Each main and branch location of a registered institution must publicly display a valid registration certificate. If an institution’s registration is cancelled, all registration certificates must be promptly returned to the Agency and all representations of registration by the institution must cease.

Compliance with Basic Education Standards

By applying for and receiving registration, an institution accepts the obligation to demonstrate continuous compliance with the basic education standards. While the Agency employs its own fact‐finding methods to determine an institution’s compliance, such as regular visits by inspectors, the onus rests with the institution to establish that it meets the following basic education standards:
1. Mission: Purpose and Objectives
  1. Every institution must have a mission statement which specifies its purpose for existing. The mission statement must be expressed in terms readily understandable to a prospective student, parents, the public and other educational institutions.
  2. The mission statement must be posted in the institution, and included in the student handbook, employee handbook, and school calendar (where these documents are available).
  3. The mission statement must be supported by clearly defined education goals which are specific, measurable, attainable, realistic and timely. These goals should be reasonable for the program(s) of instruction, mode of delivery, and resources of the institution.
  4. A registered institution’s primary educational goal must be to prepare students for entrance or advancement in one or more occupations requiring technical or career oriented competencies and skills. Educational goals must be career oriented and provide graduates with the necessary competencies, skills, and level of education for employment in their fields of study.
  5. An institution must ensure that all required courses are available to enable students to complete their programs of study.
2. Financial Stability
  1. Through the provision of annual financial statements provided to Agency, the institution shall demonstrate it has adequate revenues and assets to meet its responsibilities, to ensure continuity of service, and to accomplish its mission. Budgetary practices should reflect a balanced application of resources to operations; the amount of expenses and debt must not burden the educational objectives of the institution. The proportion of the budget allocated to instructional programs must be adequate and the financial profile of the institution must support the intent of its objectives.
  2. Institutions shall not transfer unearned tuition deposits out of the institution.
3. Organization
  1. Each institution shall have an organizational chart identifying the names and position titles of officers and/or board members and outlining the organization’s reporting structure.
  2. Each institution shall have a qualified on‐site administrator at the main campus and at all branches.
  3. The institution shall provide evidence that there is adequate administrative capacity to effectively deliver the programs offered by the institution including an appropriately qualified senior educational administrator who is responsible for maintaining programs and evaluating instructors. At least one person at the institution, preferably the senior educational administrator, shall have completed an instructor diploma program or its equivalent.
  4. Institutions shall have on file appropriate evidence of qualifications of all educational staff in the form of copies of degrees, diplomas, certificates or transcripts
4. Records
  1. The following files shall be maintained on‐site:
    - Complete student records as described in the Student Record section of these Bylaws; and
    - Complete human resource records including current resumes and up‐to‐ date copies of credentials of its instructors/faculty.
  2. All basic records and reports pertaining to students shall be safely protected.
5. Admissions and Recruiting
  1. Institutions shall have admission policies which shall conform to the institution’s mission, shall be publicly stated, and shall be administered as written
  2. Minimum program admission requirements as approved by the Agency on a Program Information Form may not be waived by either the institution or the student
  3. An institution shall ensure that any person or entity engaged in admissions or recruitment activities on its behalf is communicating current and accurate information regarding courses and programs, services, tuition, terms, and operating policies.
  4. Representatives of an institution shall use only those titles which accurately reflect their actual duties and responsibilities. Recruitment and enrollment personnel may not be designated as counselors.
6. Faculty Qualifications
  1. The institution shall demonstrate to the Agency that it has a sufficient number of qualified instructors/faculty to provide appropriate instructional services to each student.
  2. Instructors should be appropriately qualified (education and related work experience) to teach the subject matter assigned.
  3. The institution has clear, consistent procedures to evaluate faculty performance.
  4. The minimum requirements for full‐ and part‐time instructors teaching in the subject areas below are as follows:
  5. Instructors teaching courses not referenced in section 20.1) f) iv) above must demonstrate competence in the assigned field, such as academic, career or vocational training and credentials, related work experience, licensure, or certification. The burden is on the institution to demonstrate and justify the qualifications of the instructors to teach their assigned courses.
7. Educational Program Objectives, Curricula, and Materials
  1. The institution has clearly stated educational program objectives and offers up‐ to‐date curriculum that is supported by appropriate instructional materials and appropriate technology.
  2. Educational programs shall evidence a well‐organized sequence of subjects leading to an occupational objective. There shall be a detailed syllabus on file for each course in each curriculum that is available to each student enrolled in the program. Required instructional components shall include:
    - Well‐defined instructional objectives;
    - The selection and use of appropriate learning materials;
    - Appropriate modes of instructional delivery;
    - The use of appropriate assessment strategies; and
    - The use of appropriate experiences.
  3. For institutions offering programs in which provincial or national certification, licensing or registration is mandatory (or where an industry‐approved educational / training standard exists) in order to become employed in a specific career field, curriculums must contain the necessary course work to afford students the opportunity to obtain the minimum skills and competencies in order to become certified, licensed, or registered in that career field.
  4. Institutions offering courses or programs requiring approval by the governing body of a trade or profession for entry into that trade or profession must provide evidence that, for the licensed or certified component of the curriculum, they have met the requirement, and/or have the approval or conditional approval, of that body.
  5. The institution shall demonstrate that it has ownership or usage rights for all curriculum resources for at least the duration of the program.
8. Credentials
  - Credential means a formal qualification that includes an evaluative component and results in transcript credit, not just a certificate of attendance.
9. Facilities and Institutional Resources
  
  The institution shall provide:
  - A description of the physical plant and facilities, including any branch campus, learning site, or satellite operations;
  - Evidence that the facilities are appropriate to support its program offerings and delivery methods;
  - A safety policy that demonstrates a commitment to ensuring a safe environment for students, instructors and employees;
  - A description of program delivery methods (i.e. co‐op placements, distance learning, computer‐assisted instruction, lectures, labs, tutorials, continuous intake,) used in the delivery of the institution’s programs, and demonstrate that the delivery methods are appropriate for the programs being delivered by the institution;
  - A description of the institution’s learning resources including libraries, laboratories, computer facilities/technology, along with evidence that these learning resources are appropriate for the delivery of the institution’s programs and that students have adequate access to these resources; and
  - A description of specialized equipment used in program delivery and evidence that this equipment is both appropriate for the program delivery and that students have adequate access to it
10. Student Grade / Dispute Resolution
  1. The institution shall have a student dispute resolution policy and be able to demonstrate to the Agency that it has adequate procedures for addressing student complaints and grade appeals and is responsible for demonstrating that it follows those procedures when resolving student disputes.
  2. Each institution shall maintain a file of all written complaints received by the institution and this file is to be made available to the Agency upon request.
Institutions registered as of June 1, 2009 will be given a 12‐month grace period from the date of their next registration renewal in which to demonstrate that they meet the basic education standards described above.
The Agency shall assign the appropriate National Occupational Classification (NOC) and Category of Instructional Program (CIP) code to each program registered.

Contract Requirements

A registered institution must enter into a written student enrolment contract with each student prior to the commencement of his/her program of instruction. The maximum duration for a student enrolment contract is eighteen (18) consecutive* months. In cases where a student is applying for a multi‐year program, notwithstanding the above, an institution is permitted to have a student enter into a contract of up to twelve (12) months duration for the first year, and subsequent years of study are to be encompassed in separate enrolment agreements of up to a maximum of twelve (12) months duration each.

*consecutive is defined as no single interruption of study greater than four (4) consecutive weeks.

Full career training programs

Contracts for students enrolling in full careertraining programs (career training of 40 hours or more in duration and of $1000 or greater in tuition as defined in the PCTI Act), must contain the following information:
1. Institution Information
  1. Legal and operating name of the institution;
  2. Institution contact information, including main address, telephone, fax and email address of the school for students;
  3. Location of campus being attended (if different from main institution address); and
  4. Institution’s Agency registration number and disclosure as regards whether the institution is registered or accredited with the Agency.
2. Student Information
  1. Name including entire legal given name;
  2. Previous name (if applicable);
  3. Full mailing address including street, city, province / state, postal code, and country;
  4. Telephone number;
  5. Main email address and secondary email address;
  6. Date of birth; and
  7. Gender.
3. Program Information
  1. Name of program student is enrolling in;
  2. Commencement and completion dates for program;
  3. Program duration expressed both in total hours and in months or portions thereof;
  4. Language of instruction;
  5. Method of delivery, i.e. site‐based or distance learning; and
  6. Credential to be awarded upon completion, i.e. Certificate or Diploma.
4. Admission Requirements
  1. Minimum admission requirements for the program; and
  2. Statement confirming the student has represented to the institution that they meet the admission requirements.
5. Tuition and Fees
  1. Total amount of tuition due under the contract, as well as any agent’s fees, discounts, scholarship amounts that went toward tuition;
  2. Itemized list of all other fees such as administrative fees, text books, materials, consumables, etc.;
  3. All fees and tuition stated in Canadian dollars; and
  4. Terms and conditions of payment (e.g. method of payment, charges for late or insufficient payment, fee deferrals, student loans, etc.)
6. Registration / Application Fee
  1. A registered institution may require a prospective student to pay a one‐time non‐refundable registration/application fee of not more than $250.00 for domestic students or $350.00 for international students, before the student’s program begins.
  2. A registered institution must not require or accept payment of registration or application fees for supplementary or subsequent contracts for the same student in the same program.
7. Prior Learning/ Portfolio Assessment Fee
  1. An institution must not require or accept payment of prior learning / portfolio fees for supplementary / subsequent contracts for the same student in the same program.
8. Refund Policy
  1. All institutions must have their Tuition and Fees Refund Policy described in full within the student enrolment contract.
9. Signatures
  1. Confirmation that the student has read, understood, and agreed to the terms and conditions of the contract;
  2. Signature of the student (or parent or legal guardian if the student is under the age of 19);
  3. Signature of authorized signatory for the institution; and
  4. If there is a requirement under law for the signature of a person, that requirement is satisfied by an electronic signature (Electronic Transaction Act.)
10. Appendices
  1. The contract must include a signed copy of the Agency Statement which shall be attached to the contract as Appendix “A”; and
  2. The contract must include a signed Authorization for Indirect Collection of Personal Information which shall be attached to the enrolment contract as Appendix “B”.
Student contracts for full career‐training programs are to be maintained as described in the Student Records and Student Record Archives sections of the Bylaws.

Short Duration Programs

Contracts for students enrolling in a short‐duration program (career training / NOC coded programs of less than 40 hours / duration or less than $1000/tuition), must include the following information:
1. Institution information as described in 19.2) a) above;
2. Student contact information as described in 19.2) b) i) – v) above;
3. Program name;
4. Tuition and fee information, as described in 19.2) e) above;
5. Duration of program in total hours and months (or portion thereof);
6. Start and end dates of the program; and
7. Receipt signed by the institution for all fees paid.
Student contracts for short‐duration programs are not required to be archived following the completion of the program.

Corporate Training Contracts

Contracts or invoices for corporate training should include the following information:
1. Legal and operating name of institution;
2. Name of organization / corporation purchasing training;
3. Training program name(s);
4. Duration of program(s) in total hours and months (or portions thereof);
5. Tuition and other fees payable for program; and
6. List of, or number of participants covered within the contract.

Admission Requirements

Minimum program admission requirements as approved on a registered institution’s Program Information Form cannot be waived by either the institution or the student.

Student Records and Archives

Current Records

A registered institution is required to maintain a student file for each student enrolled in a full career‐training program as described in section 21.2). The student file must contain the following student records:
1. Student enrolment contract compliant with the Bylaws;
2. Evidence of the student having met all admission requirements or entrance examinations;
3. Financial records including payment and refund records;
4. Attendance records;
5. A copy of the student’s transcript and certificate(s) and/or diploma(s) awarded;
6. Documentation of any student disputes, grade appeals, or dismissal information; and
7. Copies of valid study permits where required for international students.
Student files must be maintained in a secure storage medium in a secure location.
Student files maintained in a digital format must be reconciled at scheduled times and printed copies placed in the student file. All digital forms must be backed up in a format independent of proprietary software (e.g. PDF, RTF, TXT) and a copy kept off site
Student files are not required to be maintained for short‐duration or corporate training programs once the program has been completed.

Archived Records

Except as otherwise provided herein, an institution must maintain hard‐copy full student records for a minimum of 7 years that is accessible to the Agency upon request.
1. For full career training programs, these should include the enrolment contract, results of any entrance examinations, evidence of having met admission requirements, the student’s transcripts, and financial records including payment records, any refund, student dispute and/or dismissal information and a copy of any study permits where applicable.
2. A full student record is not required for students registering in a short‐program (career training programs of less than 40 hours/ duration or less than $1000/tuition) or for corporate training programs.
Upon request, current and former students should have free and reasonable access to their student records.
Upon request, copies of student records should be made available to current and former students at a fair and reasonable cost.
Registered institutions must be able to provide a copy of a signed contract with a vendor acceptable to the Agency, providing secure redundant off‐site storage of the institution’s student records for students in full career‐training programs, which shall be available to the institution and to the Agency, for a period of 55 years from the date of submission to the vendor.
Stored with the vendor within 30 days of the completion of a student’s full career‐training program of study or the withdrawal or dismissal of the student, the student record must at a minimum include the student’s enrolment contract, a transcript of marks, and if issued, a copy of the certificate or diploma
For multi‐year programs, the stored record must contain a copy of the current transcript and student contract for each program year. Upon completion of a multi‐year program, the stored record must also include a copy of the certificate or diploma, if issued.

Institutional Policies

Notwithstanding any other section of these Bylaws, an institution must have a written policy and procedure:
1. Governing admissions for each of its programs that is fair, reasonable, and appropriate to the area of training provided;
2. Governing student attendance;
3. Governing tuition and fees and the refund of tuition and fees;
4. For student dispute resolution that is a fair, timely, reasonable and effective process for handling students’ complaints and academic appeals;
5. Governing the dismissal of students that is fair, reasonable and effective;
6. Governing the use and disclosure of a student’s personal information, which policy must comply with the British Columbia Personal Information and Protection of Privacy Act
For students in full career‐training programs, an institution must, prior to the execution of the student enrolment contract, provide a student with copies of its:
1. Dispute Resolution / Grade Appeal Policy;
2. Dismissal Policy;
3. Admissions Policy;
4. Privacy Policy;
5. Attendance Policy;
6. Tuition Refund Policy; and>
7. Program Outline.
If the program of study includes a practicum, preceptorship, clinical placement or co‐op education component, an institution must have a Work Experience Policy, and must provide a copy to applicants whose programs include any of these components.

Tuition and Fee Refund Policy

The tuition and fee refund policy is subject to the minimum requirements set out herein. In the event that the terms of this policy conflict with or are silent on a matter addressed in these Bylaws, the Bylaws will prevail.
An institution may adopt a tuition and fee refund policy which is more generous than the minimum requirements set out herein
A student may be entitled to a refund of tuition fees paid to an institution in the event that:
1. The student provides written notice to the institution that he or she is withdrawing from the program; or
2. The institution provides written notice to the student advising that the student has been dismissed from the program
The written notice of withdrawal or dismissal may be delivered in any manner provided that a receipt or other verification is available that indicates the date on which the notice is delivered.
The notice of withdrawal or dismissal is deemed to be effective from the date it is delivered.
The refund entitlement to which a student is entitled is calculated on the total tuition fees due under the contract. Where total tuition fees have not yet been collected, the institution is not responsible for refunding more than has been collected to date and a student may be required to make up for monies due under the contract.
If the institution has received fees in excess of the amount it is entitled to under the student contract, the excess amounts must be refunded.
Refund policy for students:
1. Refunds before the program of study begins:
  1. If written notice of withdrawal is received by the institution less than 7 calendar days after the contract is made, and before the commencement of the period of instruction specified in the contract, the institution may retain the lesser of 10% of the total tuition and fees due under the contract or $250.00.
  2. Subject to subsection 24. 11) a) i), if written notice of withdrawal is received by the institution 30 calendar days or more before the commencement of the period of instruction specified in the contract, the institution may retain the lesser of 10% of the total tuition and fees due under the contract, or $750.00.
  3. Subject to subsection 24.11)a) i), if written notice of withdrawal is received by the institution less than 30 calendar days before the commencement of the period of instruction specified in the contract, the institution may retain the lesser of 20% of the total tuition and fees due under the contract, or $1000.00.
2. Refunds after the program of study starts:
  1. If written notice of withdrawal is received by the institution or a student is dismissed before 10% of the period of instruction specified in the contract has elapsed, the institution may retain 30% of the tuition and fees due under the contract.
  2. If written notice of withdrawal is received by the institution, or a student is dismissed, after 10% and before 30% of the period of instruction specified in the contract has elapsed, the institution may retain 50% of the tuition and fees due under the contract.
  3. If a student withdraws or is dismissed after 30% of the period of instruction specified in the contract has elapsed, no refund is required.
Where a student is deemed not to have met the institutional and/or program specific minimum requirements for admission through no misrepresentation or fault of their own, the institution must refund all tuition and fees paid under the contract, less the applicable non‐ refundable student application or registration fee.
Where a student withdraws or is dismissed from their program they are entitled to 100% refund of any as‐yet to be received consumables that have been pre‐paid.
Where a student withdraws or is dismissed from their program after receiving technical equipment from the institution free of charge:
1. The student must return the equipment unopened or as issued within 14 calendar days; and
2. If the student fails to return the equipment as set out above, the institution may deduct the reasonable cost of the equipment from any amount to be refunded to the student.
Refunds owing to students must be paid within 30 calendar days of the institution receiving written notification of withdrawal and all required supporting documentation, or within 30 calendar days of an institution’s written notice of dismissal.
Where the delivery of the program of study is through home study or distance education, refunds must be based on the percent of the program of study completed at the rates as set out in the Refund Policy for Students section of these Bylaws.

International Students

An international student is a person who is not a Canadian citizen or a permanent resident or who has been determined under the Immigration and Refugee Protection Act to be a Convention Refugee. (Also see Work‐Experience – International Students.)
International students require a Study Permit to study in Canada unless they are taking a course or program with a duration of 6 months or less, are a minor child already in Canada whose parents are not “visitors” in Canada, or are a family or staff member of a foreign representative to Canada accredited by the Department of Foreign Affairs and International Trade
In order to meet the requirements of section R219 of the Immigration and Refugee Protection Regulations, international students are required to provide a Letter of Acceptance with their Study Permit application. The following items must be included in all Letters of Acceptance from registered institutions:
1. Full name, date of birth and mailing address of the student;
2. The course of study for which the student was accepted;
3. The estimated duration or date of completion of the course;
4. Date on which the selected course of study begins;
5. The last date on which the student may register for a selected course;
6. The academic year of study that the student will be entering;
7. Whether the course of study is full‐time or part‐time;
8. The total tuition fee for the program of study;
9. The institution’s tuition refund policy, stated in full;
10. Any conditions related to the acceptance or registration, such as academic prerequisites, completion of a previous degree, proof of language competence, etc;
11. Clear identification of the educational institution, normally confirmed through its letterhead;
12. Address of the campus the student will attend; and
13. Where applicable, licensing information for private institutions normally confirmed through letterhead.
In cases where the program is jointly offered by more than one institution, the Letter of Acceptance should be issued by the institution that will be granting the diploma or certificate (or, where a diploma or certificate is granted jointly by more than one institution, the Letter of Acceptance should be issued by the institution at which students will begin their studies.) The Letter should note that the program of study includes courses/sessions (specify which semesters/courses) given at another institution (specify institution name, type, i.e. college, technical institute, etc., and location). An example of a standard Letter of Acceptance can be found at the Citizenship and Immigration Canada website.
If an international student’s Study Permit application has not been completed by the start date identified in the institution’s Letter of Acceptance and the student so notifies the institution, at the request of the student the institution may issue a second Letter of Acceptance for a later start date. In such a circumstance, the institution may charge the student an additional $200 administrative fee and retain the balance of the prepaid tuition fees pending the outcome of the Study Permit application. Should a student fail to so advise the institution, the institution’s refund policy for students will apply.
An institution may retain the lesser of 10% of the total fees due under the contract or $400.00 for international students who are denied Study Permit authorization from Citizenship and Immigration Canada. Students denied a Study Permit must provide the institution with a copy of the denial letter prior to the program start date as set out in the institution’s most recently issued Letter of Acceptance. Should a student fail to so advise the institution, or choose to withdraw for other reasons, the refund policy set out in Bylaw 24(11) will apply. Refunds owing to students must be paid within 30 calendar days of the institutions receiving a copy of the Study Permit denial letter

Program Requirements

The following requirements apply to all programs, irrespective of the credential offered:
1. Program Length
  1. The length of the program offered by the institution shall be appropriate to enable students to achieve the program objectives and to ensure the knowledge and skills necessary for initial employment in the field for which training is provided; and
  2. Institutions that have or apply for programs that appear to be significantly shorter or longer than comparable programs will be required to justify the appropriateness of program length.
2. Program Organization
  1. There are detailed and organized instructional outlines and course syllabi showing a scope and sequence of subject matter sufficient to achieve the announced program objectives for every program; and
  2. Programs are organized to include the appropriate number of lecture hours and, as applicable, the appropriate number of laboratory, shop and/or work‐ experience hours necessary to achieve the program objectives.
3. Instructional Materials and Equipment
  1. Instructional materials are sufficiently comprehensive and reflect current occupational knowledge and practice;
  2. Instructional equipment is similar to that found in common occupational practice and includes teaching devices and supplemental instructional aides appropriate to the subject;
  3. Sufficient equipment and learning stations are provided to allow each student adequate scheduled time for practice; and
  4. All machinery and equipment is properly maintained and provided with proper safety devices, which are in working order and used whenever the machinery and equipment are operated.

Adding or Amending Programs

Before offering new programs or existing programs that, in the opinion of the Agency, have undergone substantial change, a registered institution must submit an updated Program Information Form and required attachments to the Agency for acceptance.
Registered institutions must have received the Agency’s signed official program approval letter before advertising or offering new or changed programs.
If the institution intends to deliver the program in a language other than English, the institution must provide evidence that all examinations (including third‐party licensing examinations) and instructional materials are available in the proposed language of instruction.
Applications for new or revised programs will expire if outstanding requirements have not been met within 6 months from the date additional information has been requested.
If a registered institution advertises and/or operates new programs or existing programs that have been significantly changed without prior acceptance from the Agency, the Registrar may do one or more of the following :
1. Require that a Program Information Form and required attachments be submitted immediately along with the fee as required under the Bylaws;
2. Assess a late fee of $500.00 per program for advertising and/or operating an unapproved or significantly changed program; and / or
3. Suspend or cancel the registration of the institution.

Distance Education

Distance education is a formal process in which instruction within a program or course of study occurs when the student and instructor are not in the same location. Where a registered institution provides distance education, the institution must ensure that:
1. Only appropriate programs or courses of study are taught using distance education methodologies;
2. Assessment measures are in place for admissions, student progress, and student achievement; and
3. Appropriate resources and services are available to support student success.
An institution offering any distance education programs must have an appropriately qualified distance education administrator or team of administrators designated to knowledgeably and effectively oversee the institution’s distance education programs or courses of study, and to ensure that they meet the objectives and mission of the institution.
The institution is responsible for the quality of the programs or courses of study offered through distance education methods and the achievement of expected and acceptable outcomes, irrespective of any contractual arrangements, partnerships, or consortia entered into with third parties for the provision of components of a distance education program or course of study.
Programs and courses of study offered through distance education must be appropriate for delivery through this method and must facilitate delivery of course content such that students may reasonably be expected to achieve the learning outcomes.
A registered institution must identify observable, measurable, and achievable student performance outcomes so that programs or courses of study offered through distance education methods can be compared to programs or courses of study with similar subject matter and objectives, whether offered by distance education methods or residential means.
A registered institution must demonstrate that the content and the length of a distance education program or course of study are comparable to residential programs.
The programs and courses of study must provide for timely and meaningful interaction between students and faculty, and among students.
An institution offering distance education programs must:
1. Establish and adhere to clear policies on ownership of instructional materials and protection of copyright;
2. Establish admission requirements for distance education programs and courses of study that assess whether students have the skills, competencies, and access to technology necessary to succeed in a distance education environment prior to their enrollment in the program or course of study;
3. Employ faculty who have the qualifications and the experience to teach using distance education methods;
4. Have clear, consistent policies, measures, and procedures to evaluate the performance and needs of faculty members, and to assess faculty effectiveness in distance education programs or courses of study;
5. Ensure that the faculty provide opportunities and means for timely and meaningful interaction with students appropriate to the learning environment;
6. Provide orientation to the distance education environment for students enrolled in distance education programs or courses of study; and
7. Ensure that faculty and staff respond in a timely manner to student questions and concerns, both academic and administrative.
Institutions seeking to add or modify a distance education program or course must receive Agency approval prior to implementation by submitting a fully documented Program Information Form.

Work Experience

If an institution’s programs include any type of work experience (i.e. practicum, preceptorship, clinical placement or co‐op education), the institution must request the prior approval of the work placement experience from the Agency. In doing so, the institution must provide its policy regarding work experience and evidence to show that work experience placements are in appropriate facilities, are clearly connected to learning outcomes, and that an acceptable process is in place for joint assessment of the student by the instructor/ facilitator and the employer or host organization.
The following definitions and conditions apply to programs that contain a practicum, preceptorship, clinical placement or co‐op work experience, and institutions are limited to using the following titles to describe work experience:
1. Practicum:
  1. A supervised and mandatory portion (required for graduation) of the educational program emphasizing the practical application of the previously learned theory, methods, skills, professionalism, orientation and ethics in a specialized area of study.
  2. Students must be supervised and evaluated by the employer or host organization and monitored by their instructor/institution while engaged in productive work (not merely observing) where no remuneration is received.
2. Preceptorship:
  1. A required (for graduation from an educational program) and unpaid final work experience in which the student performs actual or other professional procedures in a real life setting under the immediate supervision of a single fully qualified practitioner.
  2. The fully qualified practitioner must agree to supervise, support and evaluate the student in an environment that is safe for both the student and clients and approved by the employer of the fully qualified practitioner.
3. Clinical placement:
  1. A required (for graduation from an educational program) and unpaid part of an educational program in a real‐life setting (hospital, clinic, lab, etc.) where a student performs actual clinical procedures on real patients/clients under the direct supervision of an instructor, and where the instructor/student ratio does not exceed 1:8.
4. Co‐op Education:
  1. A required and competitively paid work period within a program of study that alternates periods of study with periods of employment in a formalized sequence beginning with and ending with an academic term.
Institutions seeking Agency approval of programs that include any of the types of work experience listed above must provide written evidence that a work component is required for successful completion of the course of study, as well as details of the work to be performed, and the specific number of hours per term or semester. Work experience must be an integral part of the required program of study, and must not exceed 50 percent of the total program of study. Additionally, the work must be performed for and evaluated (becoming part of the student’s institutional record) under the supervision of a person qualified in the appropriate field and monitored by the institution for progress and performance.

Work Experience – International Students

Citizenship and Immigration Canada will consider applications for approval to work from international students who hold a study permit and who are attending a private career college if the institution provides written evidence that a paid work experience is required for successful completion of the program of study. However, as per Citizenship and Immigration Canada’s Foreign Workers Manual Section 5.37, approval is restricted to foreign students "whose intended employment forms an essential and integral part of their course of study in Canada and this employment has been certified as such by a responsible academic official of the training institution and where the employment practicum does not form more than 50 percent of the total program of study".
As per the requirements of Citizenship and Immigration Canada, to be eligible for a work permit under a co‐op program, a foreign student must meet the following conditions:
1. Have a valid study permit;
2. The intended employment must be an essential part of the program of study in Canada;
3. The employment must be part of the career training program, certified by a letter from a responsible educational administrator of the institution; and
4. The co‐op employment must not form more than 50% of the total program of study.

Advertising

An institution must not engage in advertising or make a representation that is false, deceptive or misleading. Deceptive advertising includes but is not limited to an oral, written, internet, visual, descriptive or other representation that has the capability, tendency or effect of deceiving or misleading a consumer.
An institution must use the operating name under which it is registered by the Agency in all advertising.
Information published must be accurate and factual and reflect the current status of the institution, the services offered and/or the benefits promised
An institution shall not guarantee an employment position, income or eligibility for a work permit to any student or prospective student.
An institution must not advertise an instructional program in a location or section of a publication devoted to employment without clearly identifying that the advertisement is for a career‐training program.
An institution is permitted to use Agency logos as follows:
1. In written, published, and internet advertising, an institution must use the PCTIA logo appropriate to its status as either a registered or an accredited institution. The PCTIA corporate logo may not be used in institutional advertisements; and
2. On internet advertising, the institution must provide a hyperlink from the appropriate PCTIA logo, to the Agency’s website address http://www.pctia.bc.ca.
An institution must maintain and make available to the Agency, upon request, all material relating to each advertisement, whether written or oral, which has been distributed or transmitted by the institution by any means including publication, radio, television or internet. Such material will include, but is not limited to:
1. The text of the advertisement;
2. A record of the period of time during which the advertisement was distributed or transmitted;
3. A signed copy of any testimonial or endorsement referred to in the advertisement;
4. Documents evidencing recognition by a regulatory body, government or other entity if such is claimed in the advertisement;
5. A written statement from another post‐secondary institution confirming the existence of an articulation agreement between the institution and that other institution whereby the second institution recognizes, for credit, courses provided by the institution, if such recognition is referred to in the advertisement; and
6. The English translation of the text of any advertisement not distributed or transmitted in English.

Operational Changes to Institution

Substantial Change in Registered Institution

An institution must apply to the Agency for and receive prior approval before implementing a "substantive change" as described below. In considering such applications, the Agency will determine whether the substantive change adversely affects the capacity of the institution to continue to meet the basic education standards.
The following changes to an institution to constitute a substantive change requiring Agency approval:
1. A change of mission or educational goals;
2. A change of ownership as defined herein;
3. A substantive change to the curriculum content;
4. A substantial increase in the amount of time required for the successful completion of a program;
5. A change of location (move or relocation);
6. A change of name;
7. The addition of a new career training program;
8. A significant departure in the method of delivery of the institution’s programs, including distance education modalities;
9. The addition of a location;
10. Entering into teach‐out agreements;
11. A change in institution’s Contact Person; and
12. A change in institution’s Senior Education Officer.
Failure to apply for and obtain Agency approval prior to implementing a substantive change may result in assessment of a late fee of $500.00 and the suspension or cancellation of registration.

Change of Ownership of a Registered Institution

A change of ownership is any transaction or combination of transactions that would result in a change of control of an institution. Control is the ability to direct or cause the direction of the actions of an institution. A change of ownership may include, but is not limited to:
1. The sale of all, or substantially all, of an institution’s assets;
2. The sale or assignment of the controlling interest of the voting stock of a corporation that owns the institution or that controls the institution through one or more subsidiaries, whether the sale or assignment is directed to persons who have not previously owned such stock or between existing stockholders;
3. The merger or consolidation of the institution with one or more other institutions or the merger or consolidation of the corporation that owns or controls the institution with one or more other corporations; or
4. An independent corporation owning a school that becomes a subsidiary of another corporation with different ownership.
Public Companies: The Agency recognizes that defining control of companies with stock that is publicly traded may involve other considerations. The general definition of a change of ownership still applies, but in applying that definition to public companies that control accredited institutions, the Agency will consider a change of ownership to occur if a person or other entity:
1. Acquires 25% or more of the voting stock of the corporation and has the ability to exercise control over its management and operations; or
2. Holds more than 25% of the voting stock and sells stock such that the person or other entity then holds less than 25% and loses the ability to exercise control over management and operations.
A person will be considered to have the ability to exercise control over management and operations if the person is a member of the board of directors, has the ability to elect or designate members of the board, or is a member of senior management.
An institution that is registered by but not accredited with the Agency must, at least 30 calendar days before the event, notify the Registrar 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 Registrar in writing:
1. If the institution is a corporation and a transfer of a controlling interest in it will occur; or
2. If the institution is not a corporation and a transfer of ownership or sale of assets will occur:
If a change of ownership occurs where an organization with a history of successfully operating schools and where those schools have been in good standing with the Agency for a period of at least two years, submission may be made to the Registrar requesting that the newly purchased institution be given the same class rating as the organization’s previous schools, provided that the school is active and not suspended or cancelled at the time of purchase.
On receipt of notification under section 30.4) the Registrar must review the status of the institution to ensure that the institution continues to meet the requirements of the Act, the Regulation and the Bylaws.
A full review of the institution will be undertaken within the first year of a change of ownership to ensure that the registration requirements are being met.

TeachOut Plan

An institution that intends to close or that, in the Agency’s judgment, may lack sufficient financial resources for the proper operation of the institution and the discharge of obligations to students, may be required to submit a comprehensive teach‐out plan. The teach‐out plan must contain, at a minimum, the following items:
1. A listing by name of all students in all programs, with their estimated graduation dates and their contact information;
2. The status of unearned tuition, all current refunds due and account balances;
3. A disposition of all student records, including educational, billing, accounting and student loan records, in an accessible location;
4. An explanation, accompanied by appropriate documentation and timelines, of how the institution would notify students in the event of closure;
5. A demonstration that the delivery of training and services to students will not be materially disrupted and that obligations to students will be met; and
6. A proposed teach‐out agreement with one or more institutions in reasonable geographic proximity which currently offer programs similar to those offered at the institution or which would be capable of conducting the teach‐out.
If an institution enters into a teach‐out agreement, or is required by the Agency to submit a proposed teach‐out agreement as part of a teach‐out plan, the agreement must be approved by the Agency prior to implementation.

Cessation of operation

An institution that intends to cease operations must advise the Registrar at least seven (7) working days prior to the cessation of business, and the institution must take such steps as the Registrar may require.

Reporting Requirements

By November 30th of each year, an institution is required to provide an Annual Enrolment Report using the prescribed web‐based system and containing the following information for the previous twelve months for each program registered:
1. Total number of registrants;
2. Total number of withdrawals or dismissals (attrition); and
3. Total number of graduates.

Maintaining Eligibility for Registration

In order for an institution to maintain its eligibility for registration, the institution must:
1. Comply on a continuous basis with the basic education standards;
2. Operate on a continuous basis training students in accordance with its primary goals, (with the exception of any regularly scheduled breaks, vacation periods, or approved changes of location);
3. Fulfill all reporting requirements;
4. Maintain compliance with all applicable local, provincial and federal requirements;
5. Pay the fees set out in the Regulation and the Bylaws; and
6. Attend a registration workshop at least every 3 years.
Institutions registered on or before June 1, 2009 must attend a registration workshop within 6‐months of its next renewal date
Failure by a registered institution to maintain continued compliance with all Agency standards and requirements will lead to the Agency taking appropriate action, which may include:
1. Conducting additional site visits with additional costs charged to the institution
2. Assigning additional conditions of registration;
3. Assessing late fees;
4. Requiring the attendance at a registration workshop;
5. Suspension of registration; or
6. Cancellation of registration.

Cancellation and Suspension of Registration

The Registrar may have an institution inspected and may appoint inspectors for the purposes of determining whether:
1. It is appropriate to suspend or cancel a registration or change the terms and conditions attached to a suspension; or
2. An institution has failed to comply with the Act, the Regulation, the Bylaws or the terms and conditions attached to a suspension.
The institution must pay all the costs of an inspection under this Bylaw, as determined by the Agency.
The institution may be required to make or reverse changes at the discretion of the Registrar as a result of the findings of an inspection.
If the Registrar suspends or cancels the registration of a registered institution under section 8 of the PCTI Act, the following information shall be published on the Agency’s website for a period of 5 years following such suspension or cancellation:
1. The name of the institution whose registration has been suspended or cancelled;
2. The date of the suspension or cancellation;
3. The reason or reasons for the suspension or cancellation;
4. In the case of suspension, any conditions attached to the suspension, the period of suspension and the date of reinstatement; and
5. Whether there is any outstanding application for reconsideration or appeal of the suspension or cancellation.
If the reason for the suspension or cancellation is, in whole or in part, for any non‐compliance with the PCTI Act or Bylaws which could directly and negatively impact on students, then the entry for that suspension or cancellation shall be highlighted in bold print and the reasons for the suspension or cancellation shall be given with sufficient particularity so as to clearly identify the potential for negative impact on students. Non‐compliance with the PCTI Act or Bylaws which could directly and negatively impact on students includes, but is not limited to, failing to contribute to the Student Training Completion Fund, engaging in false or misleading advertising and not meeting contractual obligations in student enrolment contracts.
When an institution has not had any enrolments or graduates for 12 consecutive months, the Registrar may, at his/her discretion, cancel the registration of the institution. In such circumstances, the institution may be required to show cause why the program approval should not be cancelled.

PART VI: CLAIMS AGAINST THE STUDENT TRAINING COMPLETION FUND

Student Training Completion Fund

Payments to Fund

Institutions must, as per section 14(1) of the PCTI Act, make payments to the Student Training Completion Fund at the times and in the amounts required by the Regulation.
Where an institution closes, to make a claim against the fund a person must, within 12 months of the closure of the institution:
1. Complete and submit a Student Training Completion Fund Claim Form as provided by the Agency; and
2. Provide the Agency with any documents or other information required by the Agency.

Payment to teachout institutions

Institutions undertaking to train out students who have been affected by the closure of another registered institution may be eligible recipients of the unearned tuition refund payable to the student. To ensure eligibility, the receiving institution must:
1. Determine that the student meets the admission criteria for the train‐out institution’s program;
2. By means of reviewing the student’s transcript or through prior learning assessment, determine the time required for the student to complete the program; and;
3. Enter into an enrolment contract with the student wherein the train‐out institution undertakes to complete the student’s training for no more money than was agreed to on the student’s original contract. A copy of the signed train‐out contract must be provided to the Agency
On finding that payment should be made from the fund in respect of a claim, in circumstances where the student has entered into an enrolment contract for train‐out, the Board shall authorize payment be made to the payment maker who, in turn, shall assign the refund payment to the train‐out institution.
In circumstances where the payment maker prepaid 100 percent of the tuition to the original institution and the train‐out institution receives assignment of a refund payment calculated as at the date of closure of the original institution, the train‐out institution may not charge any additional tuition fees to the student.
In cases where the payment maker did not prepay 100 percent of the tuition under the original contract, the train‐out institution shall credit the value of the Student Training Completion Fund tuition refund against the tuition charged on the train‐out institution’s contract. The responsibility for collecting the balance of the tuition rests with the train‐out institution. However, in no case should the total value of the tuition in the train‐out contract exceed the total value of the original enrolment contract.
Student Training Completion Fund refunds are restricted to “tuition” which means the sum of the fees a payment maker must pay to an institution in respect to training or instruction. Tuition does not include administrative fees or fees charged for textbooks or other course materials, including equipment and uniforms. Accordingly, train‐out institutions may charge payment makers for these fees.

PART VII: STUDENT COMPLAINTS

Complaints Against a Registered Institution

Section 15 of the PCTI Act authorizes the Board to refund a portion of the tuition fees a student has paid to a registered institution that, in the opinion of the Board, has misled a student regarding the institution or any aspect of its operations.
For purposes of this Part:
1. "Complainant" means a "claimant" as defined in the Act, and who has filed a formal complaint with the Agency using the Complaint Against Institution Form;
2. "Complaint" means any specific concern that a Claimant has regarding the provision of training or instruction or any other services provided by an institution;
3. "Complaint Against Institution Form" means the Agency’s complaint against institutions form.
4. "Misled" includes, but is not limited to, any oral, written, visual, descriptive, or other representation (including non‐disclosure), made to a Complainant by an institution which is materially different from the actual services or instruction provided by the institution to the Complainant
Complainants must attempt to resolve concerns and complaints through the institution’s internal dispute resolution process, before submitting a Complaint to the Agency. The Agency’s usual practice is not to accept a Complaint where a Complainant has not exhausted the internal remedies available under the institution’s dispute resolution policy. The Agency will also not accept a Complaint that is already being pursued by the Complainant in another forum. However, if there is substantial, credible evidence that indicates systemic problems with a registered institution’s dispute resolution process, including excessive delay, the Agency may, at its discretion, choose to accept a Complaint immediately.
An individual may make an inquiry regarding complaint procedures or about issues or concerns that could be considered complaints; however, the Agency’s response and its obligations to meet the specific timelines outlined in these procedures will begin only after a Complainant submits a Complaint as described in section 35.2) by filling out the Complaint Against Institution Form.
A Complaint shall be filed with the Agency within 6 months of the date upon which the event complained about occurred or upon which the Complainant should reasonably have been expected to know about the matters in issue in the Complaint.
A Complaint shall be prepared on the Complaint Against Institutions Form, signed by the Complainant, and submitted by the Complainant to the Agency’s Registrar.
The Complaint Against Institution Form completed by the Complainant shall include:
1. The Complainant’s name and contact information;
2. The name of the institution against which the Complaint is being made;
3. Documentary evidence that the Complainant has exhausted the remedies available under the institution’s Dispute Resolution Policy;
4. A statement describing the complaint in the clearest possible terms;
5. The section of the PCTI Act, the Regulation, the Bylaws, the institution’s policies, or the enrollment contract (if any) alleged to have been violated and the time frame in which the significant lack of compliance is alleged to have occurred;
6. A clear and concise written description of the evidence upon which the allegation of being misled is based, including relevant facts and documents which support the allegation that the institution is in significant violation of the standards referenced in the Complaint; .
7. The resolution requested by the Complainant;
8. A description of the action taken by the institution to the date of the Complaint and a copy of the institution’s response to the Complainant (if any) as a result of the prescribed Institution Dispute Resolution Policy;
9. An acknowledgement that Agency staff may send a copy of the Complaint to the institution; and
10. Full disclosure by the Complainant about any other external channels which the Complainant is pursuing, including legal action.
The Agency shall not accept Complaints which are not submitted in writing or which are anonymous. The complaint review procedure is available to Complainants but the Agency will not act on Complaints submitted on behalf of another individual or Complaints forwarded to the Agency by a third party.
Complaints may be submitted in English, French, or in the published language of instruction for the complainant’s contracted program of study
Documents or other information relating to a Complaint, investigation or resolution of a Complaint will be treated in confidence and shall not be disclosed to persons not involved in the matter unless disclosure is necessary to process the Complaint, or during the investigation of the Complaint.
The Agency will acknowledge receipt of the Complaint within 15 business days of receipt.
The Board may authorize a person to exercise the powers of the Board under section 16 (2) of the Act.
Within 30 business days after acknowledging receipt of the Complaint, the Agency shall review the Complaint and may recommend dismissal to the Board if any of the following apply:
1. The Complaint or that part of the Complaint is not within the jurisdiction of the Agency;
2. The acts or omissions alleged in the Complaint or that part of the Complaint do not contravene the PCTIA Act, Regulation or Bylaws; or
3. There is inadequate documentation to raise questions concerning the institution’s compliance with Agency standards;
If the Complaint is not dismissed pursuant to section 35.13, a copy of the Complaint will be forwarded to the institution, and the institution will be asked to respond within 15 business days, including providing all relevant documentation in the institution’s possession, custody or control.
Following receipt of the institution’s response to the complaint, the Agency will send a copy of the institution’s response to the Complainant along with a request for submissions on the institution’s response within 15 business days.
Upon a request from the Complainant, the institution or the Agency, the time for responses and submissions may be extended by the Agency.
Upon reviewing the Complaint, the institution’s response and the Complainant’s reply (if any), the Agency will prepare a factual summary and may suggest a recommended resolution to the Board’s Finance Personnel and Student Training Completion Fund Committee, or such other Committee as the Board may designate to address these matters (the “Committee”).
If the Committee considers that further information or investigation is necessary, it may:
(a) Request the Complainant or institution to provide more information; and/or
(b) Require a hearing be convened to obtain more information; and/or
(c) Take any other investigatory steps it considers appropriate
Should the Committee consider an oral hearing necessary, the Registrar shall provide notice of the hearing in accordance with section 8 of the PCTIA Act. With respect to such hearing:
1. Each party shall be treated fairly and shall be given a fair opportunity to present its case;
2. The parties may offer such evidence as is relevant and material to the dispute and may be required to provide such evidence under oath as the Committee deems necessary;
3. The Committee may be guided by the rules of evidence applicable in a court of law but conformity with the rules of evidence is not required; and
4. The Committee shall determine the admissibility, relevance, materiality and weight of the evidence offered and may exclude evidence that the Committee considers inappropriate.
Upon completion of the Committee’s investigation including any hearing, the Committee shall report to the Board.
Upon receipt of the Committee’s report, the Board shall make a decision on the Complaint and may:
(a) Dismiss the Complaint in whole or in part;
(b) Propose a resolution to the Complainant and/or the institution;
(c) Determine that the Complaint warrants further investigation, in which case the Board will make every effort to expedite the investigation; however, the time require to conduct the investigation may very considerably depending on the circumstances and nature of the Complaint;
(d) Conclude that, in its opinion, the Complaint is justified in that the Complainant has been misled regarding the institution or any aspect of its operations, in which case the Board may authorize payments to be made from the Student Training Completion Fund (the “fund”) to refund a portion of the tuition fees the Complainant paid to the institution; or
(e) Make any other decision the Board is authorized to make.
The Board’s decision shall be communicated to the Complainant and the institution.
If the Board authorizes payments from the Fund to a Complainant on the grounds that the registered institution misled the student regarding the institution or its operations, the registered institution will have a period of 30 business days from the date the institution is notified of the Board’s decision in which to reimburse the Fund for the tuition refund paid to the Complainant from the Fund.
If the Board authorizes payments from the Fund to a Complainant on the grounds that the registered institution misled the student regarding the institution or its operations, the Board may authorize payments to be made to the Agency from the Fund to pay for those costs described in section 15(c) of the Act.
Individual Complaints will be retained in the Agency’s files. Should a number of individual Complaints suggest a pattern of concern which may evidence a significant lack of compliance that was not evident from any one individual Complaint, the Board may renew its consideration of the matter for whatever action may be appropriate.

PART VIII: ACCREDITATION

General

Participation in the process of accreditation is voluntary on the part of a registered institution. By applying for and receiving accreditation, an institution accepts the obligation to demonstrate continuous compliance with the Agency’s standards of quality for accredited institutions, for continually striving to improve itself, and for meeting or exceeding a series of performance‐based outcomes. In addition to meeting or exceeding the standards of quality, accredited institutions must continue to fulfill the requirements of a registered institution.

Eligibility for Accreditation

Before the Agency will accept an institution’s application for accreditation, the institution must demonstrate that it meets the following eligibility criteria:
1. The institution must have actively operated in good standing as a registered institution for a period of a year or more in British Columbia, or for a similar period of time as a government‐regulated institution in another province or territory in Canada or in the United States;
2. At the time of application, the institution must have been training students continuously (except for regularly scheduled breaks and vacation periods) for the preceding year;
3. The institution must have a sufficient number of students enrolled in each program and a sufficient number of graduates from a majority of its programs to enable the Agency to assess the educational effectiveness of those programs;
4. The institution must be financially sound with sufficient resources for its proper operation and for the discharge of its obligations to students; and
5. The institution’s on‐site educational director or appropriate management team representative(s) must attend an Agency accreditation workshop within six months prior to submitting an application for accreditation (initial application or five‐year review).

Accreditation Standards of Quality

One of the objects of the Agency is to establish standards of quality that must be met by accredited institutions. There are a number of assumptions which underpin the accreditation quality standards. They include that each institution:
1. Accepts responsibility for monitoring and reviewing its own effectiveness and improvement against the standards;
2. Operates within the legislative and regulatory framework of the Act, the Regulation and the Bylaws, as well as other pertinent federal, provincial and municipal enactments and bylaws;
3. Accepts responsibility for version and document control of all its policies, procedures, contracts, agreements and publications; and
4. Has a set of goals, objectives and performance indicators against which its effectiveness can be measured.

The standards of quality focus on evaluating the effectiveness and the continuous improvement of the institution relative to its own objectives and indicators and best national and international practice.
The fundamental precept for quality assurance is that each institution is responsible for the quality of its own education provision. Each institution must therefore develop its own approach to quality management, and be able to demonstrate that its processes are appropriate and effective.
The standards of quality are grouped under seven headings relating to different dimensions of instructional activity. Each standard is a statement of quality practice. In addition to the information required in each of the seven areas, it is expected that institutions will identify their own additional evidence and performance measures against which they will consider the effectiveness of the institution in achieving a quality learning environment.
The standards of quality seek to define, in broad functional terms, the standards against which institutions in the private career training sector operate in the interests of their students, stakeholders and in accordance with legislation. They are designed to be enabling rather than prescriptive. Wherever possible, they do not describe processes, but rather identify areas of activity where instructional quality must be addressed systematically. Institutions are expected to develop their own quality policies and processes to meet these standards.
Institutions preparing an Institutional Accreditation Report must provide information in a format that follows the standards of quality headings detailed below:
1. Mission Statement
  1. Standard of Quality
    - The institution has a clearly articulated statement of purpose and/or mission statement appropriate for a career training institution that demonstrates the extent to which the organization is committed to the dissemination of knowledge and skills through teaching
    - Every institution must have a mission which is its specific purpose for existing. This mission, together with a set of goals to accomplish it, must be summarized in the mission statement. The mission statement must include an institutional commitment to providing quality education programs, and be expressed in terms readily understandable to a prospective student, parents, the public and other educational institutions.
    - The goals should be specific, measurable, attainable, realistic and timely. They should be devoted substantially to career‐related training and instruction, and should be reasonable for the program(s) of instruction, mode of delivery, and resources of the institution.
  2. The Institutional Accreditation Report shall include:
    - Evidence that the institution has a Mission Statement that is appropriate to its educational objectives; and
    - Evidence that the institution engages in and takes action on annual planning and goal setting.
2. Administrative Capacity
  1. Standard of Quality
    - The institution has appropriate documented quality systems, policies and evidence of their effective application.
    - Authorities and responsibilities for instructional quality are appropriate, and are clearly assigned in accordance with institutional policies.
    - Student records are safely stored or archived, with final records accessible for future reference.
    - Program Advisory Committee recommendations and improvements arising from accreditation audits are effectively managed.
  2. The Institutional Accreditation Report shall include:
    - An organization chart(s) identifying names and position titles of owners, officers and/or board members and outlining the organization’s reporting structure.
    - Copies of job descriptions and the number of employees by classification (instructors, administration and staff.)
    - The institution’s enrolment capacity by program (full‐time, part‐time, distance delivery.)
    - Demonstration that there is adequate administrative capacity to effectively deliver the programs offered by the institution. This must include an appropriately qualified senior educational administrator who has educational, teaching and management experience appropriate for the size and program mix of the institution, and who is responsible for maintaining programs and evaluating instructors.
3. Facilities and Institutional Resources
  1. Standard of Quality
    - An effective process is used to identify and allocate resources (including physical resources, equipment, laboratories, etc.) to achieve the outcomes of programs and courses of study and to implement, maintain and improve the institution’s quality management.
    - Effective measures and procedures are in place to meet the institution’s health and safety requirements.
  2. The Institutional Accreditation Report shall include:
    - A description (including floor plans and/or photographs) of the physical plant and facilities, including any branch campus, learning centre or satellite operations. In addition, the institution must demonstrate that the facilities are appropriate to deliver its program offerings.
    - A description of the institution’s commitment to ensuring a safe environment for students, instructors and employees. This should include evidence of compliance with local, provincial and national safety requirements (e.g., WorkSafe BC, Transport Canada, etc.).
    - A description of program delivery methods (i.e. co‐op placements, distance learning, computer‐assisted instruction, lectures, labs, tutorials, continuous intake) used in the delivery of the institution’s programs. In addition, the institution must demonstrate that the delivery methods are appropriate for the programs being delivered by the institution.
    - A description of the institution’s learning resources including libraries, laboratories, computer facilities/technology, etc. Evidence that these learning resources are appropriate for the delivery of the institution’s programs and students have adequate access to these resources.
    - A description of specialized equipment used in program delivery and evidence that this equipment is both appropriate for program delivery and students have adequate access to it.
4. Instructors/facilitators
  1. Standard of Quality
    - Instructor/facilitator qualifications and experience enable quality delivery of programs.
    - Appropriate instructor/facilitator development plans, based on identified needs, are implemented and outcomes are monitored to ensure effectiveness.
    - Standards and policies related to the hiring of instructional staff support pedagogical skills that are appropriate to the institution’s program offerings.
  2. The Institutional Accreditation Report shall include:
    - Demonstration by the institution that instructors/facilitators have an appropriate combination of education, occupational experience and teaching experience. The requirements for full‐ and part‐time instructors teaching in the referenced subject areas are as follows:
      - A bachelor’s degree in the assigned academic subject area is required for faculty members teaching general education and other academic courses that are part of a career‐training program.
      - For career programs, a degree/diploma/ certificate related to the field of instruction supplemented by 24 months of occupational experience in the field of instruction.
      - For designated or recognized trade programs, an appropriate trade qualification supplemented by 48 months of occupational experience in the field of instruction.
      - For all programs, institutions will need to provide evidence, by way of an annual performance review, that all regular* instructors have adequate instructional skills and any identified shortcomings or areas for development in instructional design, instructional delivery or educational outcomes must be addressed by the institution through appropriate professional development plans.
      - An institution may request an exception to the PCTIA minimum instructor requirements for a program by submitting supporting documentation, including Program Advisory Committee recommendations with rationale to the Registrar for approval.
      *Regular instructors include:
      ‐ Instructors employed or contracted on a full‐time basis;
      ‐ Part‐time instructors who are employed or contracted on a regular basis for more than two courses a year.
  3. Instructors teaching courses not referenced in section 20.1) f) iv) above must demonstrate competence in the assigned field, such as academic, career or vocational training and credentials, related work experience, licensure, or certification.
  4. The onus is on the institution in conjunction with their Program Advisory Committee to demonstrate and justify the qualifications of the instructors to teach their assigned courses.
5. Academic Policies and Student Services
  1. Standard of Quality
    - Prospective and continuing students receive effective information and guidance to assist with making informed decisions on their program of study.
    - Appropriate entry and selection criteria for each program of study are well publicized and applied consistently.
    - Systems are in place for ensuring the assessment of learning outcomes is fair, valid and consistently applied.
    - Student learning outcomes are accurately, effectively and fairly assessed.
    - Students receive accurate and timely advice on their learning progress.
    - Effective and appropriate policies and procedures enable students to appeal assessment outcomes.
    - Where applicable, the institution has effective procedures regarding credit transfer and recognition for prior learning.
    - The institution has effective policies and procedures, which are accessible, appropriate and fair, for resolving student complaints.
  2. The Institutional Accreditation Report shall include:
    - A description of the minimum admissions policies and requirements, and demonstration that these requirements are meaningful and ensure students have the basic knowledge, skills and abilities to be successful in the program of study. The policy must stipulate that if an applicant fails to meet the minimum admission requirements, they cannot be waived by either the institution or the student.
    - If prior learning assessment is used in the admission process, a description of how the process is used.
    - A description of student support services and policies that are in place to facilitate students’ success in their programs of study.
    - Demonstration by the institution that appropriate policies are in place regarding:
      - Meaningful written student assessments/evaluations at regular intervals (i.e. process in place to ensure students are assessed regularly by the instructor/facilitator, including assessment and feedback between student and instructor/facilitator prior to the final withdrawal date at which students are still eligible for a partial tuition fee refund);
      - Withdrawals or dismissals from a program of study;
      - Tuition refunds; and
      - Dispute resolution and appeal mechanisms.
    - A description of the institution’s student record retrieval and archiving systems, policies and procedures.
    - Copies of transfer / articulation arrangements and collaborative agreements with other institutions (if applicable).
6. Program Advisory Committee
  1. Standard of Quality
    - Each institution must have an independent Program Advisory Committee for each occupational program or each group of related occupational programs. The purpose of the Program Advisory Committee is to review the established curriculum of the program, instructional‐related program materials, equipment and facilities, minimum instructor qualification requirements, and student achievement outcomes as a means to provide the institution with an external review of its programs. Program Advisory Committees must be comprised of appropriately qualified representatives external to the institution who can provide a meaningful review of the institution’s programs and supporting resources and materials.
    - For each career program area, the institution must have a diverse Program Advisory Committee that includes representatives from the employment community, practitioners, and others from the field of education, regulators, etc. as appropriate. In all instances, Program Advisory Committee meetings must include at least three members in attendance who represent the employment community and/or practitioners from the program area.
    - At least one regularly scheduled meeting must be conducted annually. Written and detailed minutes must be maintained and include a description of all members in attendance (i.e., titles and affiliations); the date, time, and location of the meeting; and a comprehensive and clear description of the review of and commentary made by the institution representatives and the Program Advisory Committee members, including a description of the process used to enable Advisory Committee members to annually review the institution’s facilities and equipment.
    - Program Advisory Committee review and comment must include:
      - Review, at least annually, the established curriculum of the program and comment as to the appropriateness and adequacy of the program objectives, program length, curriculum content, learning resources, and the adequacy of facilities and equipment.
      - Review and comment, at least annually, on student graduation, graduate employment, and where required, provincial or national licensing examination outcomes of each program.
      - Review and comment on each proposed new program including the appropriateness of curriculum objectives, program length, and curriculum content prior to the Agency’s approval of the new program.
      - Review and comment on institution’s instructor qualification requirements for situations where the proposed minimum qualifications do not meet the normal PCTIA standard as described under section 38.6) d).
    - The institution must provide evidence that it gives consideration to Program Advisory Committee input. Evidence can take many forms, one such being the disclosure of the institution’s consideration recorded in Program Advisory Committee minutes, whereby an institution describes whether recommendations were implemented or not and explains the institution’s decisions.
    - Multiple affiliated institutions may use a single Program Advisory Committee to review the same established curriculums of a program area and student achievement outcomes across the system of institutions, however, the physical review of the institution’s learning resources, facilities, and equipment must be fulfilled via a review of each individual campus.
    - Program Advisory Committees for programs or courses offered via distance education must include at least one additional individual with experience in the delivery and administration of distance education programs who can review and comment on the institution’s distance education platform, methods, processes, procedures, and infrastructure in the context of the program/course content and objectives.
  2. The Institution Accreditation Report shall include:
    - Resumes for Program Advisory Committee members for each program area;
    - Copies of minutes from each Program Advisory Committee meeting; and
    - Evidence that the institution is considering, and where appropriate implementing, Program Advisory Committee recommendations as part of its annual planning and goal setting processes
7. Program Delivery
  1. Standard of Quality
    - An educationally sound, effective process is used for the development, approval, and review of programs and courses associated with the institution.
    - Stakeholders, including students and Program Advisory Committees, have appropriate opportunities to give feedback on programs and to be involved in the development and review of program outcomes.
    - The institution defines and implements effective teaching and learning practices that are educationally sound, and appropriate to the program of study and mode of delivery.
    - Program delivery undertaken in partnership with, or on behalf of or by another organization, meets the PCTIA quality standards.
    - Off‐site practical/workplace components are effective and integrated into the curriculums.
    - Clear criteria are used to select off‐site placements, and clearly identified roles and responsibilities for all parties are stated and agreed upon.
  2. The Institutional Accreditation Report shall include:
    - A description of the institution’s internal processes for developing and approving programs.
    - A list and brief description of programming currently offered (including length of program, course outlines, expected learning outcomes, credential awarded upon program completion.) Evidence that learning outcomes meet the requirements for the field of practice and the standards set by professional, accrediting and/or licensing body (where applicable).
    - A description of program consultation undertaken by the institution, including potential employers, instructors/facilitators, professional associations/licensing agencies (where applicable), experts in proposed field of study.
    - Demonstration that the appropriate organizations and individuals have been consulted.
    - Demonstration that there is external support for the program. In addition, the institution must provide an indication of how areas of concern (if any) will be addressed.
    - A description of the policy regarding work experience and evidence to show that work experience, field placements, etc. are in appropriate facilities, are clearly connected to learning outcomes (applied skills), and that an acceptable method is in place for joint assessment of the student by the instructor/facilitator and the employer
    - Evidence that appropriate arrangements have been made for work‐ experience placements.
    - Documentation of program approval by provincially recognized governing bodies (where applicable). In those cases where the provincially recognized governing body will not consider approval until the program has been running for a period of time, or where access to the discipline is difficult for the institution to obtain but the program will provide students entry into that discipline, the institution must demonstrate to the Agency that their students are, in fact, employable in the field for which they are trained or demonstrate that the institution has conditional approval from the recognized governing body to offer the program.
    - Demonstration that a policy is in place to ensure that each program remains current, is appropriate and provides quality training.

Application for Accreditation

Attendance at Workshop

The institution’s Senior Education Officer or appropriate management team representative(s) must attend a PCTIA accreditation workshop within 6 months prior to submitting an application for accreditation.

Required Information

After attending the accreditation workshop, an institution may submit an application for accreditation by completing the Agency’s Accreditation Application Package. The Accreditation Application Package may be obtained from the Agency’s web site and is distributed at the accreditation workshop.
The Accreditation Application Package must be submitted to the Registrar within 6 months after workshop attendance. The application must include:
1. The completed application form(s);
2. All required attachments; and
3. The application fee(s).
Upon receipt, applications for accreditation are forwarded to the Institution Officer assigned to the institution. Applications for accreditation will only be accepted if the institution is found to be in compliance with the requirements of a registered institution, as set out in the Act, the Regulation and these Bylaws.
Institutions seeking accreditation will be required to undergo an onsite‐inspection by an Institution Officer as part of the accreditation process. Upon receipt of an application for accreditation, the Institution Officer responsible for the application will contact the institution to arrange for an on‐site inspection.
If, as a result of the on‐site inspection the institution is found not to be in compliance with the Act, the Regulation or the Bylaws, or if additional conditions of registration are assigned, the application for accreditation will be rejected and the institution may not reapply for a period of one year.
Upon successful completion of an onsite inspection, the institution will be advised by the Institution Officer that the application for accreditation has been accepted and that the institution should proceed with the preparation of an Institutional Accreditation Report as described in the Accreditation Requirements – Standards of Quality section of the Bylaws.
An application for accreditation will expire 1 year from the original date of application if the institution has not yet successfully completed the requirements for accreditation. At the Registrar’s discretion, the application may remain active if the institution is in the final stages of the process and the on‐site visit by the accreditation team has been completed. Accreditation application fees are non‐refundable.
Institutions whose applications for accreditation have expired, who failed to attain accreditation, or whose accreditation has been cancelled may not reapply for accreditation for a period of at least one calendar year.
The Agency will publish and maintain on the Agency’s website a list of registered institutions which are seeking accreditation.
An institution may withdraw an application for accreditation before the Agency considers it. The withdrawal request must be in writing and sent to the attention of the Registrar. Fees associated with the withdrawn application will not be refunded except for an on‐site evaluation that did not occur. Expenses incurred by the Agency as a result of a cancellation of a scheduled on‐site evaluation will be borne by the institution.

Accreditation Teams

The Agency believes in the inherent utility of peer review in the accreditation of post‐ secondary institutions. For institutions applying for New Accreditation or undergoing a 5 Year Review of Accreditation, this is achieved through the appointment of an accreditation team that visits the institution, validates the Institutional Accreditation Report, and prepares an Audit Team report assessing the institution against the standards of quality established by these Bylaws.

The Registrar may, for the purpose of issuing or reviewing an accreditation certificate:
1. Constitute one or more external accreditation teams;
2. Appoint the members of those teams; and
3. Specify the duties of those teams.
  1. Accreditation team members must avoid any actual or perceived conflict of interest including that which might impair or impugn the independence, integrity or impartiality of the Agency. There must be no apprehension of bias, based on what a reasonable person might perceive.
  2. Team members must not reveal or divulge confidential information received in the course of their duties.
  3. Accreditation team members must be committed to the principles and practices of quality assurance in postsecondary education and be recognized by their peers for having a broad outlook, open mind and sound judgment. Individuals appointed in these capacities must possess the qualifications to engender the confidence of the Agency, applicants, the public, credentialing bodies, and other career training and post‐secondary institutions.
  4. The Agency will obtain from each prospective participant on an accreditation team, consent to the inclusion of his or her name and affiliations on a list of participants on accreditation teams to be published on the Agency website and in the Agency’s Annual Reports.

Review of Accreditation

Accreditation will be ongoing, subject to the conditions and requirements of the PCTI Act, the Regulation and these Bylaws. However, accredited institutions shall undergo a review of accreditation every 5 years which shall include:
1. The institution’s senior education officer or appropriate management team representative(s) attending a PCTIA accreditation workshop within 6‐months prior to the Five‐Year Review date;
2. Submission of an Institutional Accreditation Report; and
3. Hosting an on‐site accreditation review team.
An accreditation team will be appointed to visit an accredited institution and conduct a rigorous evaluation at least once in every 5‐year period. Accreditation teams will use information from the institution’s annual reports, Program Advisory Committee minutes, the Institutional Accreditation Report and on‐site visits in the preparation of the team’s report to the Agency.

PART IX: REQUIREMENTS FOR ACCREDITED INSTITUTIONS

General

By applying for and receiving accreditation, an institution accepts the obligation to demonstrate continuous compliance with the Agency’s standards of quality and to meet or exceed a series of performance‐based outcomes. While the Agency employs its own fact‐ finding methods to determine an institution’s compliance, such as annual site visits by staff and quinquennial on‐site evaluation team’s observations, the onus rests with the institution to establish that it is meeting the standards.

Maintaining Eligibility for Accreditation

In order for an institution to maintain its eligibility for accreditation, it must:
1. Comply on a continuous basis with the standards of quality;
2. Operate on a continuous basis training students in accordance with its primary goals, (with the exception of any regularly scheduled breaks, vacation periods, or approved changes of location);
3. Fulfill all reporting requirements;
4. Maintain compliance with all applicable local, provincial and federal requirements; and
5. Pay the fees set out in the Regulation and the Bylaws.
Failure by an institution to maintain continued compliance with all Agency standards and requirements will lead to the Agency taking appropriate action, which may include the assigning of additional conditions of accreditation, required attendance at an accreditation workshop, the suspension of accreditation and/or the cancellation of accreditation.

Advertising

Institutions may not use accreditation status, reports, or materials in a false or misleading manner. If this occurs, the Agency will require the institution to correct the false or misleading information and make public such information as it deems necessary to correct any false or misleading impression created by the institution

Accreditation Certificates

Each main and branch location of an accredited institution must publicly display a valid accreditation certificate and registration certificate.
If an accreditation certificate is revoked or cancelled, all accreditation certificates must be promptly returned to the Registrar and all representation of accreditation by the institution must cease.

Outcome Based Measures

Accredited institutions must meet a variety of outcome‐based measures. These measures may include, but are not limited to:
1. Student outcome surveys; and
2. Public reporting on an institution’s stated program outcomes (such as student employability in their field of study or meeting a regulatory body’s criteria).
The Agency determines the rates of student graduation and graduate employment for accredited institutions from information collected in annual enrolment reporting and graduate follow‐up surveys undertaken by PCTIA.
As part of its annual review of accreditation, an institution must demonstrate that it satisfies a series of outcome‐based measures. Where an individual institution’s outcomes are less than the industry average as calculated annually by PCTIA, the institution must demonstrate with supporting documentation, the successful achievement of its students by taking into account additional factors the institution relates to measuring academic success. These factors may include internal improvements made to an institution as well as external factors (e.g., market conditions, student demographics, etc.) reasonably related to student achievement.
Outcomes‐based measures include, but are not limited to:
1. Enrolment Outcomes (as per the Agency’s Annual Enrolment Reporting);
2. Third‐party professional / licensing examination results and industry or employer feedback (where available.);
3. Graduate student satisfaction surveys, and
4. Graduate Job Placement Outcomes.
An institution must also demonstrate, on an annual basis, evidence that it is meeting its stated program outcomes as described in its program materials.

Operational Changes to Accredited Institutions

Change of ownership of accredited institution

Where a change in the ownership of an accredited institution results in a change of control as defined in section 30.4), the institution must obtain approval for a transfer of accreditation to the new owner prior to the change of ownership. In such a case, the Agency reviews a proposed transfer of accreditation to determine whether there is a substantial likelihood that the institution will remain in compliance with the standards of quality after the ownership change. If the institution fails to obtain the Agency’s approval prior to the change of ownership, the accreditation of the institution will not transfer. Consummation of a change of ownership without the Agency’s prior approval will result in withdrawal of accreditation of the institution effective as of the date of the ownership change.
An institution that is accredited must, at least sixty (60) calendar days before a change in ownership, notify the Registrar in writing 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 Registrar, if the institution:
1. Is a corporation and a transfer of a controlling interest in it will occur; or
2. Is not a corporation and a transfer of ownership and / or assets will occur.
A proposed transfer of accreditation will be approved only if it is determined that the proposed new owners and managers have the capability to own and operate an institution in accordance with the Agency’s standards of quality, that the financial structure of the institution will remain sound with sufficient resources for the operation of the institution and the discharge of obligations to students, and that the institution will otherwise remain in continuous compliance with the accreditation standards of quality.
A full review of the institution will be undertaken within the first 6‐months of a change of ownership to ensure that the standards of quality are being met.

New or Revised Programs

Before a new program is offered by an accredited institution, the following must be submitted to, and approved by the Agency using the template provided by the Agency including all necessary attachments and information:
1. Evidence that an appropriate Program Advisory Committee has been established or is in place for the program to be offered;
2. Evidence that the proposed new program has been reviewed by the Program Advisory Committee;
3. A description of the proposed program, including:
  1. Program Title;
  2. Program Description
  3. Program Duration (in total hours and months or portion thereof);
  4. Admission Requirements;
  5. Learning Objectives / Outcomes;
  6. Student Progress Assessment Methods;
  7. Course Outlines (including pre‐ and co‐requisites for courses);
  8. Equipment and Other Resource Requirements;
  9. Work‐Placement Arrangements (if applicable);
  10. Credential Awarded upon Completion;
4. Identification of delivery method proposed for the program (on‐site / distance learning, fixed / continuous‐intake, etc.);
5. Demonstration that the appropriate learning resources are in place to deliver the program;
6. Evidence from the institution’s Program Advisory Committee that learning outcomes meet the requirements for employment in the field of practice and the standards set by professional, accrediting and/or licensing body (where applicable.);
7. Qualifications and experience of the program instructors/facilitators; and
8. If the institution intends to deliver the program in a language other than English, evidence that all examinations (including third‐party licensing examinations) and instructional materials are available in the proposed language of instruction.
If the proposed program change is a substantial departure from existing programs, requires special facilities or equipment, or for other reasons determined by the Agency, a site visit that includes an external subject specialist may be required
If an accredited institution advertises and/or operates new unapproved programs or existing programs that have been significantly changed without Agency approval, the Registrar may do one or more of the following:
1. Notify the Student Services Branch, Ministry of Advanced Education, of the unapproved program;
2. Require that a completed Accredited Institution New Program Checklist and Information Form and required attachments be submitted immediately along with the required fee;
3. Assess a supplementary fee of $500.00 per program for advertising and/or operating an unapproved or significantly changed program; and/or
4. Suspend or revoke the accreditation of the institution.

Reporting Requirements for Accredited Institutions

An accredited institution shall fulfill the annual reporting requirements of registered institutions.

Annual Enrolment Reports

On or before November 30 of each year, an accredited institution must submit to the Agency an Annual Enrolment Report using the prescribed web‐based system. The Annual Enrolment Report shall contain the following information for the previous 12 month period in respect of each program registered:
1. Total number of registrants;
2. Total number of withdrawals or dismissals (attrition);
3. Total number of graduates;
4. Total number of full and part‐time placements in training‐related jobs for each program offering, as at six (6) months after graduation;
5. Total number of full and part‐time job placements in all jobs as at six months after graduation; and
6. Total number of graduates as at six months after graduation who are continuing their education in full‐time studies.

Annual Accreditation Reports

An institution accredited with the Agency must, on or before the anniversary date of its accreditation, submit an Annual Accreditation Report to the Agency to demonstrate that it is maintaining the accreditation standards of quality established by the Bylaws. The Annual Accreditation Report shall provide:
1. Description of the institution’s annual planning activities including an update on its goals and objectives;
2. Description of any changes in operating location that occurred during the year;
3. Notification of changes in instructional administration and/or instructional staff, including verification that new appointees meet or exceed the minimum instructor qualifications for the program(s) in which they teach; as well as professional development activities engaged in during the year;
4. Summary of Program Advisory Committee meetings, participant composition, recommendations, and actions taken by the institution;
5. Description of consequential changes in existing approved programs or new approved programs introduced during the year, including any changes in admissions requirements;
6. Evidence that the institution has met and/or adhered to any conditions of accreditation assigned by the Registrar; an
7. Notification of any changes to the minimum qualifications of instructors, by program, and an explanation for them.
A representative of the Agency will conduct an on‐site visit of each accredited institution annually and will provide an Annual Accreditation Compliance Report of each visit to the Registrar.

Denial, Suspension, or Cancellation of Accreditation

The Registrar may deny, suspend, or cancel the accreditation of an institution on the basis of the information obtained under the requirements of these Bylaws if:
1. The institution has not met the standards of quality set out in these Bylaws; or
2. The Registrar determines that the accreditation of the institution would not be in the interests of students or prospective students of the institution.
If the Registrar suspends or cancels the accreditation of an accredited institution under section 9 of the PCTI Act, the following information shall be published on the Agency’s website for a period of 5 years following the suspension or cancellation:
1. The name of the institution whose accreditation has been suspended or cancelled;
2. The date of the suspension or cancellation;
3. The reason or reasons for the suspension or cancellation;
4. In the case of suspension, any conditions attached to the suspension, the period of suspension and the date of any reinstatement; and
5. Whether there is any outstanding application for reconsideration or appeal of the suspension or cancellation.
If the reason for the suspension or cancellation is, in whole or in part, for any non‐compliance with the PCTI Act that could directly or negatively impact on students, then the entry for that suspension or cancellation shall be highlighted in bold print and the reason or reasons for the suspension or cancellation shall be given with sufficient particularity so as to clearly identify the potential for negative impact on students. Non‐compliance with the PCTI Act that could directly and negatively impact on students includes, but is not limited to, failing to contribute to the Student Training Completion Fund, engaging in false or misleading advertising and not meeting contractual obligations in student enrolment contracts.

PART X: FINANCIAL REPORTING AND FEES PAYABLE TO THE AGENCY

Financial Reporting

Registered and accredited institutions must provide the Agency with the following information each year:
1. Within 6 months following the institution’s fiscal year end, financial statements for the fiscal year just ended prepared on a comparative basis and in accordance with Canadian generally accepted accounting principles and to include a Statement of Financial Position (Balance Sheet), a Statement of Operations (Income Statement) and a Statement of Cash Flows. These statements must be prepared by a licensed, independent Chartered Accountant (CA), Certified Management Accountant (CMA) or Certified General Accountant (CGA).
2. Legal entities that own or operate more than one institution must submit consolidated financial statements in addition to individual statements for each registered institution it controls.
3. The financial statements must include an Auditor’s Report, a Review Engagement Report, or a Notice to Reader communication prepared by a licensed independent accountant (CA, CMA, or CGA).
Specific Financial Statement Presentations Requirements
1. Balance Sheets must be prepared in accordance with the following requirements:
  1. Tuition (including contract training revenue) accounts receivable must be disclosed separately from other receivables;
  2. Accounts receivable or loans receivable from related parties must be disclosed separately;
  3. Unearned tuition must be disclosed; and
  4. Accounts payable or loans payable to related parties must be disclosed separately.
2. Income Statements shall disclose tuition revenue (including contract training revenue) separately from other revenue.

In order to validate the monthly contributions paid to the Student Training Completion Fund and to the Agency, institutions whose annual tuition revenue (including contract training revenue) exceeds $500,000.00 must also provide a Review Engagement Report on Tuition Received, prepared by a licensed independent accountant (CA, CMA, or CGA) which reports the tuition received in the year inclusive of contract training revenue. This report should be worded as follows:

REVIEW ENGAGEMENT REPORT ON TUITION RECEIVED

To: Private Career Training Institutions Agency

At the request of [name of institution], I/we have reviewed the tuition received (including contract training revenue) of [name of institution] for the year ended [fiscal year end of institution] calculated in accordance with Part 1, Section 1 "tuition" of the Private Career Training Institutions Regulation

The [name of institution] reports that tuition received (including contract training revenue) by the [name of institution] for the fiscal year ended [fiscal year of institution] of $________.

My/our review consisted of enquiry, analytical procedures and discussion related to information provided to me/us by the [legal form of institution – company, society, etc.] A review does not constitute an audit and consequently I/we do not express an audit opinion on the tuition received.

Based on my/our review, nothing has come to my/our attention that causes me/us to believe that the tuition received is not, in all material respects, as reported above.

Signed:	___________________
City:	___________________
Date:	___________________

If requested by the Registrar, at his/her sole determination, an audit report in respect of tuition received may be required, prepared by a licensed independent accountant (CA, CMA, or CGA.)

AUDITOR’S REPORT ON TUITION RECEIVED

To: Private Career Training Institutions Agency

At the request of [name of institution], I/we have audited the tuition received (including contract training revenue) by [name of institution] for the fiscal year ended [fiscal year end of institution] calculated in accordance with Part 1, Section 1 "tuition" of the Private Career Training Institutions Regulation.

The [name of institution] reports that tuition received (including contract training revenue) by the [name of institution] for the fiscal year ended [fiscal year end of institution] of $ __________.

This financial information is the responsibility of management of [name of institution.} My/our responsibility is to express an opinion on this financial information based on our audit.

I/we conduct my/our audit in accordance with Canadian generally accepted auditing standards. Those standards require that I/we plan and perform an audit to obtain reasonable assurance whether the financial information is free of material misstatement. An audit includes examination, on a test basis, evidence supporting the amounts and disclosures in the financial information. An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall presentation of the financial information.

In my/our opinion, this financial information presents fairly, in all material respects, the tuition received by [name of institution] for the fiscal year ended [fiscal year end of institution.]

Signed:	___________________
City:	___________________
Date:	___________________

Fees Payable to the Agency

Classes of Institutions
1. For the purposes of assessing fees payable to the Agency, the Board has established the following three classes of institutions:
  1. Probationary institutions: which are assessed the highest rate of contribution and include (but are not limited to):
    - Institutions that have been registered for less than 2 years;
    - Registered or accredited institutions that are not in “good standing” with the Agency by virtue of having had their registration and/or accreditation suspended in the previous 2 years; and
    - Registered institutions whose accreditation has been cancelled by the Agency in the previous 2 years.
  2. Registered institutions: which are assessed a reduced rate of contribution and include (but are not limited to): Registered institutions that have been in "good standing" with the Agency for a minimum of 2 years.
  3. Accredited institutions: which are assessed the lowest rate of contribution and include (but are not limited to): Accredited institutions in “good standing” with the Agency.
2. An institution is in “good standing” with the Agency if it has had no suspensions or cancellations of registration or accreditation for the past 2 years.

Fees Payable to the Agency

Fees payable to the Agency include fixed annual fees based on the previous year’s total tuition revenue received (including contract training revenue), one‐twelfth (1/12) of which is to be paid to the Agency each month, as well as a sum equal to a percentage of tuition received (including contract training revenue) as established by the Board on an annual basis for each class of institution, and which must be paid to the Agency on or before the 15th day of the month following receipt of the tuition payment
To facilitate timely and accurate monthly payments, institutions are to use the password‐ protected secure web application provided by the Agency, to report the sum of all tuition and contract training revenue that payment makers have made to the institution in the preceding month. Institutions are still to report a zero sum for months when no tuition or contract revenue was received.

FIXED annual fees based on the institution’s previous fiscal year’s total tuition revenue received:

INSTITUTION REVENUE RECEIVED			FIXED ANNUAL FEE
Over		$10,000,000	$15,300.00
$7,500,000	to	$10,000,000	$13,200.00
$5,000,000	to	$7,499,999	$11,100.00
$2,500,000	to	$4,999,999	$9,000.00
$1,000,000	to	$2,499,999	$6,900.00
$700,000	to	$999,999	$4,800.00
$350,000	to	$699,999	$3,600.00
$100,000	to	$349,999	$2,400.00
$50,000	to	$99,999	$1,800.00
$25,000	to	$49,999	$1,200.00*
Under		$25,000	$600.00

* Minimum fixed annual fee for a newly registered institution.

Annual adjustments of the fixed annual fee will be made 8 months following the end of an institution’s fiscal year and will remain in effect for a 12‐month period.

A late payment fee of $50.00 will be charged for institutions that do not pay the monthly portion of their fixed annual fees as described in section 51.2) a).
Other Fees Include:
1. Registration application fee
  
  Main Campus $2,000.00
  
  Branch Campus 1,000.00
2. Accreditation application fee
  
  Main Campus 2,500.00
  
  Branch Campus 1,000.00
3. Registration workshop fee
  
  Institution’s initial participant 100.00
  
  Each additional participant from institution in same workshop 50.00
4. Accreditation workshop fee
  
  Institution’s initial participant 100.00
  
  Each additional participant from institution in same workshop 50.00
5. New registered career program application fee * 250.00 per program
6. New accredited career program application fee * 500.00 per program
7. Substantive registered career program modification fee * 100.00 per program
8. Substantive accredited career program modification fee * 200.00 per program
9. New registered short‐duration program application fee ** 100.00 per program
10. New accredited short‐duration program application fee ** 200.00 per program
11. Application for a change of location of a main or branch campus 500.00
12. Application for a change of name 250.00
13. Application for a change of ownership 1,000.00
14. Initial fee for 5‐Year Review of Accreditation 1,000.00
15. Late fee 500.00
  1. Late fees will apply to all reports and responses to on‐site evaluation reports and any other Agency directed reports or responses that have a specific deadline.
  2. The late processing fee is assessed and due the day following the due date of a report, application, or response.
  3. Continued failure to pay fees in accordance with established requirements may constitute reason for suspension or cancellation of registration or accreditation.
16. On‐site accreditation evaluation fees: In addition to the accreditation application fee or the initial fee for the 5‐Year review of accreditation, the institution will be assessed an on‐site evaluation fee as required at a rate of:
  1. $1,200.00 per member for day one; plus
  2. $350.00 per member for each day thereafter.
  3. Members of an Accreditation Team may include: Team Leader, Agency Representative and Subject Matter Specialists as required.
17. Compliance and Site Visit Fees
  1. The Agency reserves the right to initiate compliance audits and / or special on‐site visits because of unusual circumstances or failure by an institution to meet its obligations to the Agency.
  2. Refusal of an institution to respond to or cooperate with such requests shall be grounds for suspension of an institution’s registration or accreditation.
  3. Expenses associated with site visits will be charged to the institution if the Agency determines that the institution is not in compliance with the Act, the Regulation, or these Bylaws. The agency will incur the expenses otherwise.
18. In cases where the Registrar appoints inspectors, an institution will be billed all costs associated with that inspection, including but not limited to those associated with the site visit.
*A full career training program is defined as one or more courses resulting in a certificate or a diploma where, as per section 3 of the Regulation, "the tuition charged for the program is greater than or equal to $1,000, and the time devoted to training or instruction is greater than or equal to 40 hours". Areas of concentration or specialization available to students enrolled in a common

**A short‐duration program is defined as one whose duration and cost do not constitute a full career training program as defined above.

Administrative Charges
1. Administrative charges are non‐refundable fees paid by an applicant or a student that are not factored into the calculation of an institution’s training revenue. These include the following:
  1. Application Processing Fee: Each new student who applies for admission to an institution may be charged a one‐time application/registration fee, not exceeding $250.00 for domestic students or $350.00 for international students.
  2. Admissions Testing and Assessment Fee: Each new student who applies for admission to an institution may be charged a one‐time admissions testing and assessment fee, not exceeding $250.00.

PART XI: GENERAL ADMINISTRATION AND OPERATION OF THE AGENCY

Operational Policies and Procedures

The operations of the Agency are governed by means of operational policies and procedures.
Agency policy means those resolutions of the Board intended to govern the operations of the Agency and duly passed or amended according to the relevant sections of these Bylaws.
The Registrar is responsible for developing procedures for the effective administration and operation of the Agency, and for carrying out his or her responsibilities under the Act.

Appeals to the Registrar and the Board

A person who is affected by a decision specified in section 10 (1) of the PCTI Act, may request reconsideration in writing to the Registrar. The fully‐documented request must be made within 30 days of the decision, and directed to Agency’s Head Office to the attention of the Registrar.
If dissatisfied with a decision of the Registrar under section 10 (2) of the PCTI Act, a person who is affected by the decision may, as per section 10 (3) of the Act, commence an appeal to the Board by filing a notice of appeal within 30 calendar days of receiving the written notice of that decision. The Appeal shall be directed to the Agency’s Head Office to the attention of the Board Chairperson.
While no particular form will be required, a Notice of Appeal shall contain the following:
1. Identification of the appellant;
2. Identification of the decision appealed from;
3. Description of relief sought on appeal; and
4. Advice as regards whether the appellant wishes to proceed by way of written submission only or whether it wishes to have an oral hearing.
Upon receipt of a notice of appeal, the Chairperson of the Board shall:
1. Establish a panel consisting of 3 members of the Board to consider the appeal; and
2. Appoint 1 of the members as the chairperson of the panel.
Panel members should not display bias or the appearance of bias, or offer preferential treatment to any party in an appeal, hearing or review. A reasonable apprehension of bias exists when a reasonably well‐informed person could have a reasonable perception that the existence of a personal attitude, interest (either pecuniary or non‐pecuniary), relationship or association could impair the member’s ability to discharge his/her duties to the panel fairly, impartially or without bias.
A member should not participate in any panel proceeding where a member has (or has had within the last 24 months) a significant or close personal, professional or business relationship with a party, a party’s representative or witness.
If a member reasonably believes another member has a real or apparent conflict of interest with respect to a proceeding to which the latter member has been assigned, the member holding the reasonable belief should bring the matter to the attention of the latter member. In the event this does not resolve the matter, the member holding the reasonable belief must bring the matter to the attention of the Chairperson of the Board. The Chairperson of the Board, in consultation with the potentially conflicted member, will determine whether the appeal panel should be reconstituted.
The panel may conduct an appeal in the manner it considers necessary and is not required to hold an oral hearing. If the panel decides to hold an oral hearing, the Chairperson of the panel will contact the parties to arrange a hearing date
The Registrar, upon advice that a panel has been named for an appeal, shall prepare a record of the evidence and communications to be considered in making the decision appealed from. The Registrar will provide sufficient copies of the record for each of the members of the panel and for the appellant and shall deliver the copies to the Chairperson of the panel within 7 calendar days from the designation of the members of the panel. The Chairperson of the panel shall deliver one copy of the record provided to the appellant forthwith.
The appeal shall be determined by the panel by review and consideration of the following:
1. The record prepared by the Registrar;
2. The notice of appeal;
3. Any further reply to the record of the Registrar which the appellant shall required to deliver within twenty‐one (21) days; and
4. Any comment, in writing, made by the Registrar in response to the reply under section 53.10) a) above.
In the event the panel decides to have the appeal determined on written submissions, no other material than that exchanged between the parties as provided in section 53.10) shall be considered by the panel.
In the event of an oral hearing of an appeal, the appellant may be represented by counsel, provided that notice of intention to be represented by counsel is given to the Chairperson of the panel not less than 14 days before the commencement of the hearing, or if the hearing is scheduled on notice less than 14 days, at the earliest opportunity. The Registrar may, at his or her discretion, be represented by counsel. If, in the discretion of the panel, it is necessary for the panel to have the assistance of counsel, the hearing may be adjourned in order for the appointment and attendance of such counsel.
Parties to an appeal shall deliver 5 complete sets of all documents that they intend to use at the hearing, other than those exchanged in the record of the Registrar. Upon delivery of such documents, the panel Chairperson shall deliver one set to the opposing party forthwith.
Following the format of a civil trial in the Courts of British Columbia, the hearing shall be subject to the discretion of the chairperson to adjust such format as the circumstances may require in order to provide a full and fair hearing of any appeal and to permit the parties an equitable opportunity to be heard.
The hearing of an appeal shall not require strict adherence to the rules of evidence, although they shall be used as a guide to the panel and the parties before it.
A record of the appeal shall be made in such manner as the chairperson of the panel directs.
The panel shall render its decision in an appeal in writing within 21 days from the close of the hearing of appeal.
As per section 10 (4) of the PCTI Act, the panel may do one or more of the following in respect of an appeal:
1. Dismiss the appeal;
2. Allow the appeal and give any directions that the panel considers appropriate in the circumstances;
3. Vary the decision appealed from; or
4. Set terms and conditions to which the order is subject.

PART XI: TRANSITIONAL PROVISIONS

Effective Date of Bylaws

These Bylaws shall come into force as follows:
Parts I, II, and III – Interpretation, Formalities, The Board: Immediately upon approval of the Bylaws.

Parts IV and V – Registration Requirements: Institutions that are registered as of June 1, 2009 will be given a 12‐month grace period from the date of their next registration renewal to meet the Basic Education Standards section of the Bylaws. All other changes in Parts IV and V will come into effect on June 1, 2009.

Parts VI and VII – Student Training Completion Fund and Student Complaints: June 1, 2009.

Parts VIII and IX – Accreditation Requirements: Institutions that are accredited as of June 1, 2009 will be given a 12‐month grace period from the date of their next registration renewal to meet the new Program Advisory Committee requirements. All other changes in parts VIII and IX will come into effect on June 1, 2009.

Part X – Financial Reporting and Fees Payable to the Agency: June 1, 2009
Institutions that apply for registration and / or accreditation on or after June 1, 2009 will be required to meet all Bylaw requirements as of their date of application.
Active institutions (not suspended or cancelled as of June 1, 2009) will be considered as being in "good standing" for the purposes of setting classes of institutions. All other factors that identify the class of institution will apply. If an institution is still suspended or cancelled as of June 1, 2009, they will be considered not to be in “good standing” for the purposes of PCTIA Act and these Bylaws.

Institution’s initial participant	100.00
Each additional participant from institution in same workshop	50.00

Main Campus	$2,000.00
Branch Campus	1,000.00

Main Campus	2,500.00
Branch Campus	1,000.00