Private Vocational Training Amendment Act, 2025

PRIVATE VOCATIONAL TRAINING AMENDMENT ACT, 2025 Chapter 17 HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cP‑24 1 The Private Vocational Training Act is amended by this Act. 2 The following is added before the enacting clause: Preamble WHEREAS the Government of Alberta recognizes the important role that private vocational training institutions play in Alberta’s adult learning system; WHEREAS private vocational training institutions are a key driver of workforce development that enables Albertans to acquire the skills, knowledge and competencies needed to succeed in the workforce and to contribute to Alberta’s economy; WHEREAS private vocational training institutions may offer creative, innovative and diverse learning approaches and have the flexibility to respond to the needs of Alberta’s employers and labour market; WHEREAS high‑quality private vocational training inspires consumer and employer confidence; WHEREAS transparency respecting private vocational training, licensing and program standards will allow prospective students to make informed decisions about investments in their education and supports learner pathways to employment and further learning; and WHEREAS the quality of private vocational training is enhanced when the Government of Alberta encourages private vocational training institutions to be responsive to labour market needs and ensures that licensed programs meet relevant standards; 3 The enacting clause is amended by adding “THEREFORE” before “HER MAJESTY”. 4 The following heading is added before section 1: Part 1 Interpretation 5 Section 1 is amended (a) by adding the following before clause (b): (a.1) “campus” means (i) a single premises at which a registrant provides vocational training, or (ii) 2 or more premises at which a registrant provides vocational training and that the Director considers, because the premises are close to each other, to be one single campus; (a.2) “change in control” means a transfer of the shares of a corporation that would be sufficient to allow the person acquiring the shares to make a change to the corporation’s board of directors; (b) in clause (c) by adding “appointed under section 3(1)” after “Training”; (c) by adding the following after clause (c): (c.1) “Fund” means the Student Protection Fund established in section 3.3; (d) by repealing clause (e) and substituting the following: (e) “instructor” means a person who holds the qualifications prescribed by the regulations and who is authorized by a registrant to provide vocational training; (e) by repealing clause (g); (f) by adding the following after clause (h): (h.1) “record” means a record in any form in which information is contained or stored, including information in any written, graphic, electronic, digital, photographic, audio or other medium, and includes textbooks, lesson plans, student assignments, instructional materials, student contracts, attendance records, testing materials, correspondence with students, financial files, books of account, invoices and receipts; (h.2) “registrant” means a person registered under section 10.2(2)(a); (h.3) “registration” means a registration to provide vocational training under section 10.2; (h.4) “registration certificate” means a registration certificate issued under section 10.2(5); (g) in clause (i) by adding “with a registrant” after “contract”; (h) by repealing clauses (j) and (k) and substituting the following: (j) “student contract” means an agreement made in accordance with the regulations between a registrant and a person respecting the provision of vocational training to that person; (k) “vocation” means an occupation, calling, trade or pursuit that is a vocation as prescribed in the regulations; (i) in clause (l) by striking out “by correspondence” and substituting “in‑person, online or by a combination of in‑person and online”. 6 The following is added after section 1: Act prevails 1.1 Any waiver or release of a person’s rights, benefits or protections under this Act or the regulations is void. 7 The following is added after section 2: Guiding principles 2.1 This Act is to be interpreted in accordance with the following principles: (a) vocational training should align with Alberta’s labour market needs and provide the skills and knowledge required by employers; (b) Albertans should have access to a broad range of specialized vocational training opportunities; (c) students should be treated fairly, honestly and ethically and should be protected as consumers; (d) vocational training should be delivered in a manner that protects student and public safety. 8 The following heading is added before section 3: Part 2 Administration 9 The following is added after section 3: Protection from proceedings and compulsory testimony 3.1 (1) In this section, (a) “action” means action as defined in the Alberta Evidence Act ; (b) “court” means court as defined in the Alberta Evidence Act ; (c) “exempted person” means each of the following: (i) the Minister; (ii) the Director; (iii) an inspector or other employee appointed in accordance with section 3(1); (iv) a person engaged by the Director under section 3(2); (v) a person authorized by the Director under section 3(3). (2) No action may be commenced against an exempted person for anything done or omitted to be done in good faith in the performance or intended performance of the exempted person’s powers, duties and functions under this Act. (3) Subject to subsection (4), an exempted person may not be compelled to give evidence or to produce documents in a court or action about the exempted person’s reasons for reaching a conclusion or making a decision in the exempted person’s exercise of powers or performance of duties and functions under this Act. (4) An exempted person must (a) comply with the requirements of the Alberta Rules of Court (AR 124/2020) respecting a Notice to Obtain Record of Proceedings in a judicial review, and (b) provide any documents and evidence required by a court for (i) a judicial review, or (ii) an appeal of a stop order. (5) Subsections (2) to (4) do not operate to restrict or abrogate from an immunity or protection that is otherwise provided by law to an exempted person. Student contracts 3.2 Before providing vocational training to a person, a registrant must enter into a student contract with the person in accordance with the regulations. Student Protection Fund 3.3 (1) The Student Protection Fund is established. (2) The purpose of the Fund is to ensure that students receive a refund of fees for vocational training in accordance with this Act and the regulations. (3) The Fund must be held and administered by the Minister in accordance with this Act and the regulations. (4) Each registrant must pay into the Fund in accordance with the regulations. (5) Registrants may be charged interest, penalties and other fees for late or missed payments in accordance with the regulations. (6) Income earned by the Fund accrues to and becomes part of the Fund. (7) Payments from the Fund may be made for the purpose of the Fund in accordance with the regulations. (8) The Minister must maintain a separate accounting record of the Fund. Fees 3.4 The Director may, in accordance with the regulations, if any, charge fees relating to the administration of this Act or the regulations. 10 The following is added before section 11: Part 3 Registration Registration required 10.1 (1) No person shall provide or offer or purport to provide or offer vocational training unless the person is a registrant and holds a registration certificate. (2) If the Director determines that a person is providing or offering or purporting to provide or offer vocational training contrary to subsection (1), the Director may apply to the Court for an order (a) restraining that person from continuing to provide or offer vocational training, (b) requiring that person not to purport to be a registrant while the person is not registered or does not hold a registration certificate, and (c) granting any relief that may be required to ensure compliance with this Act or the regulations. Application and registration 10.2 (1) A person who wishes to provide vocational training may apply to the Director, in a form and manner acceptable to the Director, for registration in accordance with this section and the regulations. (2) The Director may, in accordance with the regulations, (a) register or refuse to register a person who applies for registration, and (b) impose conditions on a registration under clause (a). (3) The Director may at any time impose or cancel a condition on a registration. (4) If an applicant under this section intends to provide vocational training at more than one campus, the Director may (a) register the applicant to provide vocational training at multiple campuses, or (b) require the applicant to apply for registration for each campus separately. (5) The Director must issue (a) a registration certificate to each person the Director registers under subsection (2)(a), and (b) a replacement registration certificate to the registrant each time the Director (i) imposes or cancels a condition on the registrant’s registration under subsection (3), or (ii) imposes or cancels a condition when reinstating a registration under section 17.01. (6) Each registrant must comply with the conditions stated on the most recent registration certificate issued to the registrant. Registration certificate 10.3 (1) Each registration certificate must state (a) the conditions on the registration, if any, and (b) any information required by the regulations. (2) Each registrant must post a copy of the registration certificate in accordance with the regulations. (3) A person must not knowingly (a) cover or deface a posted registration certificate, or (b) without the written permission of the Director, remove a posted registration certificate. Registration not transferrable 10.4 (1) A registration is not transferrable. (2) Unless the Director’s approval is received prior to a change in control of a corporate registrant, the registrant’s registration is suspended. (3) If a registration is suspended under subsection (2), during the suspension the registrant may not provide or offer to provide vocational training. Recruiters 10.5 (1) In this section, (a) “recruitment” means any of the following: (i) marketing, promoting or advertising a registrant or the registrant’s programs of instruction to the public; (ii) recruiting or soliciting individuals to enrol as students in a registrant’s programs of instruction; (iii) facilitating or administering the enrolment of individuals as students; (b) “third‑party recruiter” means a person, other than a registrant or an employee of a registrant, that is engaged in recruitment for or on behalf of a registrant, including a person who receives compensation from a registrant in relation to recruitment. (2) A registrant that hires or retains a third‑party recruiter for one or more of the registrant’s programs of instruction must comply with the requirements in the regulations. Publication of information 10.6 The Director may publish or require a registrant to publish information about the registrant in accordance with the regulations. 11 Section 11 is repealed and the following is substituted: Part 4 Licence Licence required 11 (1) No person shall provide or offer or purport to provide or offer vocational training unless the person is a registrant and holds a licence for the vocational training program being provided or offered. (2) If the Director determines that a person is providing or offering or purporting to provide or offer a vocational training program contrary to subsection (1), the Director may apply to the Court for an order (a) restraining the person from continuing to provide or offer vocational training, (b) requiring that person not to purport to hold a licence while the person does not hold a licence, and (c) granting any relief that may be required to ensure compliance with this Act or the regulations. 12 Section 12 is amended (a) in subsection (1) by striking out “person” and substituting “registrant”; (b) in subsection (2) by striking out “the applicant” and substituting “an applicant under subsection (1)”; (c) in subsection (3) by striking out “licensee” and substituting “registrant”; (d) in subsection (4) by striking out “cancel a condition or add a condition restricting the number of students that may be enrolled in a program of instruction” and substituting “impose or cancel a condition on the licence”; (e) by adding the following after subsection (4): (4.1) The Director must issue a replacement licence to the registrant each time the Director (a) imposes or cancels a condition on a registrant’s licence under subsection (4), (b) cancels a licence under section 17(1) insofar as it relates to one or more, but not all, of the programs of instruction stated on the licence, or (c) imposes or cancels a condition when reinstating a licence under section 17.01. (f) by repealing subsection (5) and substituting the following: (5) A registrant must comply with the conditions stated on the most recent licence issued to the registrant. 13 Section 13 is repealed and the following is substituted: Licence to provide vocational training 13 (1) Each licence must state (a) the conditions on the licence, if any, and (b) any information required by the regulations. (2) Each registrant must post a copy of the licence in accordance with the regulations. (3) A person must not knowingly (a) cover or deface a posted licence, or (b) without the written permission of the Director, remove a posted licence. Licence not transferrable 13.1 (1) A licence is not transferrable. (2) Unless the Director’s approval is received prior to a change in control of a corporate registrant, each of the registrant’s licences are suspended. (3) If a licence is suspended under subsection (2), during the suspension the registrant may not provide or offer to provide the programs of instruction authorized by the licence. 14 The following heading is added before section 15: Part 5 Enforcement 15 Section 15 is amended (a) by repealing subsection (1); (b) by repealing subsection (2) and substituting the following: (2) For the purpose of determining whether this Act, the regulations, a student contract, a condition on a registration or licence or an order issued under section 16 or 20 are being complied with, an inspector may do one or more of the following: (a) enter a campus or a place other than a private dwelling at which a registrant keeps records relating to a program of instruction; (b) require the production of records, examine them and make copies of them; (c) temporarily remove a record for the purpose of making copies of it; (d) remove and retain a record where the inspector is of the opinion that removal and retention of the record is necessary to preserve or protect it; (e) perform tests, take photographs, make recordings and observe instructors; (f) question any person. (2.1) During a registrant’s normal business hours, the registrant must provide access to an inspector to allow the inspector to do anything permitted under subsection (2). (c) in subsection (3)(b) by adding “subject to subsection (2)(d),” before “make”; (d) by repealing subsection (4) and substituting the following: (4) If a person refuses to allow an inspector to exercise any powers under this section or interferes or attempts to interfere with the inspector in the exercise of those powers, the Director may apply to the Court for one or both of the following: (a) an order restraining that person from preventing or interfering in any manner with the inspector in the exercise of those powers; (b) an order directing that person to produce records in accordance with subsection (2)(b). 16 Section 16 is amended (a) in subsection (1) (i) by striking out “a licence” and substituting “a condition on a registration or licence”; (ii) by striking out “licensee” and substituting “registrant”; (b) in subsection (2) by striking out “licensee” wherever it occurs and substituting “registrant”. 17 Section 17 is amended (a) in subsection (1) (i) in clause (c) by striking out “licensee” and substituting “registrant”; (ii) by repealing clause (d) and substituting the following: (d) this Act, the regulations, a student contract, a condition on a registration or licence or an order made under section 16 or 20 is not being complied with, (iii) by striking out “to the licensee, cancel or suspend the licence” and substituting “to the registrant, suspend or cancel the registrant’s registration or licence”; (b) by adding the following after subsection (1): (1.1) If a registration is suspended or cancelled under subsection (1), (a) in the case of a suspension, during the suspension the registrant may not provide or offer to provide vocational training, or (b) in the case of a cancellation, (i) the registration is of no further force and effect and cannot be reinstated, (ii) the former registrant may not provide or offer to provide vocational training, and (iii) the former registrant must remove all registration certificates posted under section 10.3(2) and all licences posted under section 13(2). (1.2) If a licence is suspended or cancelled under subsection (1), (a) in the case of a suspension, insofar as it relates to one or more programs of instruction, during the suspension the registrant may provide or offer to provide only the programs of instruction that are not suspended, if any, or (b) in the case of a cancellation, (i) the licence, insofar as it relates to the cancelled programs of instruction, is of no further force and effect and cannot be reinstated, (ii) the registrant may provide or offer to provide only the programs of instruction that have not been cancelled, if any, and (iii) the registrant must post a replacement licence issued by the Director, if any. (c) in subsection (2) by striking out “licensee” and substituting “registrant”; (d) in subsection (4)(a) (i) by striking out “No person shall” and substituting “A person must not knowingly”; (ii) by striking out “up, mutilate”. 18 The following is added after section 17: Reinstating registration or licence 17.01 The Director may reinstate, with or without conditions, a registration or licence suspended under section 10.4(2), 13.1(2) or 17(1), as the case may be, if the Director is of the opinion that (a) the registrant has complied with any orders made by the Director in respect of the registration or licence, (b) the registrant has complied or will comply with this Act, the regulations, student contracts and any existing conditions on the registration or licence, (c) it is in the interest of students enrolled in the registrant’s programs of instruction to reinstate the registration or licence, and (d) it is in the public interest to reinstate the registration or licence. 19 Section 17.1 is amended (a) in subsections (1) and (2) by striking out “licensee” wherever it occurs and substituting “registrant”; (b) in subsection (3) (i) by striking out “licensee has fulfilled the licensee’s” and substituting “registrant has fulfilled the registrant’s”; (ii) by striking out “to the licensee” and substituting “to the registrant”. 20 Section 20 is amended (a) in subsection (1) (i) by striking out “licensee” and substituting “registrant”; (ii) in clause (a) by striking out “a licence” and substituting “a condition on a registration or licence”; (iii) in clause (b) by striking out “licensee” and substituting “registrant”; (b) in subsection (5) by striking out “2 days” and substituting “10 days”; (c) in subsection (6) by repealing clauses (a) to (c) and substituting the following: (a) determine whether it was reasonable for the Director to issue the stop order, (b) only consider the following evidence: (i) the stop order and its terms; (ii) the reasons given for issuing the stop order, if any; (iii) the records and evidence the Director considered before issuing the stop order, including any records or evidence the person subject to the stop order provided to the Director, if any, and (c) confirm, amend or set aside the stop order. 21 Section 20.1 is repealed. 22 Section 21 is amended (a) by striking out “served” and substituting “delivered”; (b) in clause (a) by striking out “service on” and substituting “delivery to”; (c) in clause (b) by adding “or delivery” after “mail” wherever it occurs; (d) by adding the following after clause (b): (b.1) by electronic means to the email address or addresses a person provided to the Director for that purpose, 23 Section 22 is amended by striking out “a licence” and substituting “a condition on a registration or licence”. 24 Section 23 is repealed and the following is substituted: Enforcement by the Court 23 (1) The Director may apply to the Court for an order requiring a person to comply with an order made under section 16 or 20. (2) The Director may make an application under subsection (1) (a) whether or not another remedy is provided under this Act or the regulations, and (b) whether or not the person has been prosecuted under this Act or the regulations. (3) The Court may grant an order under subsection (1) if the Court is satisfied that the person has not complied or is likely not to comply with the order made under section 16 or 20. Interim injunctions 23.1 (1) On application by the Director, the Court may, if it considers it necessary in the circumstances, issue an interim injunction granting the relief that the Court considers appropriate pending the determination of an application made under section 10.1(2), 11(2), 15(4) or 23(1). (2) In considering the interim injunction, the Court (a) must give greater weight to compliance with this Act than to the continued provision of vocational training by a registrant, (b) must presume that the balance of convenience favours the enforcement of this Act, (c) must not require the Director to post a bond or give an undertaking as to damages, and (d) must not require the Director to establish that irreparable harm will be done if the interim injunction is not issued. (3) The application for an interim injunction may be made ex parte if the Court considers it appropriate in the circumstances. Judicial review 23.2 (1) A person may apply for judicial review in respect of the following decisions of the Director: (a) a refusal to register a person under section 10.2(2); (b) a condition imposed on a registration under section 10.2(2) or (3); (c) a refusal to issue a licence under section 12(2); (d) a condition imposed on a licence under section 12(4); (e) an order made under section 16; (f) the cancellation or suspension of a registration or licence under section 17; (g) a decision not to reinstate a registration or licence or a condition added to a registration or licence under section 17.01. (2) Where a decision of the Director is the subject of an application for judicial review, the application must be filed with the Court and served not more than 90 days after the date of the decision. Part 6 Directives, Guidelines, Standards and Regulations Director’s directives and guidelines 23.3 (1) The Director may issue directives and guidelines respecting the interpretation or application of this Act or the regulations. (2) The Director must make the directives and guidelines publicly available in a manner the Director considers appropriate. (3) The Regulations Act does not apply to directives and guidelines issued under this section. Standard nomenclature and program standards 23.4 The Director may set standard nomenclature for credentials and standards for programs of instruction in accordance with the regulations. 25 Section 24 is amended (a) in clause (a) by striking out “criteria to be used to determine if” and substituting “whether”; (b) by adding the following after clause (a): (a.1) respecting student contracts; (a.2) respecting the Fund, including (i) the holding and administration of the Fund, (ii) payment into and from the Fund, and (iii) the charging of interest, penalties and other fees for late or missed payments into the Fund; (a.3) respecting the registration of persons under this Act, including (i) applications for registration including restrictions on the number of persons that may be registered, (ii) the criteria that a person must meet before the Director may register the person, (iii) conditions that may be imposed on a registration, and (iv) requirements to maintain a registration in good standing; (a.4) respecting the content and posting of registration certificates; (c) by repealing clause (b) and substituting the following: (b) respecting the licensing of persons under this Act, including (i) applications for a licence including restrictions on the number of licences that may be issued, (ii) the criteria that a person must meet before the Director may issue a licence to a person, (iii) conditions that may be imposed on a licence, and (iv) requirements to maintain a licence in good standing; (b.1) respecting the content and posting of licences; (b.2) respecting third‑party recruiters and recruitment referred to in section 10.5; (d) in clauses (j) and (k) by striking out “licensees” and substituting “registrants”; (e) by repealing clause (l) and substituting the following: (l) respecting the reports that must be filed with the Director by registrants; (f) in clauses (m) and (n) by striking out “licensees” and substituting “registrants”; (g) by adding the following after clause (n): (n.1) respecting the publication of information about registrants; (n.2) respecting the publication of information by registrants; (h) by adding the following after clause (o): (p) respecting fees relating to the administration of this Act and the regulations; (q) respecting standard nomenclature for credentials and the required quality and standards for programs of instruction; (r) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out purposes of this Act. 26 The following is added after section 24: Part 7 Transitional Transitional 25 A person who was a licensee under this Act immediately before the coming into force of this section is deemed to (a) be registered under this Act without conditions, (b) hold a registration certificate without conditions and to have posted the registration certificate as required in section 10.3(2) until the Director issues the person a registration certificate, and (c) hold each licence with the same conditions on the licence that the person held immediately before the coming into force of this section. Amends SA 2021 cS‑7.88 27 (1) The Skilled Trades and Apprenticeship Education Act is amended by this section. (2) Section 1(o) is amended by striking out “the holder of a licence issued under” and substituting “a registrant as defined in”. 28 This Act comes into force on Proclamation.