(Consolidated up to 119/2009)

ALBERTA REGULATION 384/2003

Income and Employment Supports Act

TRAINING PROVIDER REGULATION

Table of Contents

                1       Definitions

                2       Approval of training programs

                3       Tuition‑funded programs

                4       Duties of training providers

                5       Training provider records

                6       Withdrawal

                7       Acceptable attendance

                8       Acceptable progress

                9       Refunds

             9.1       No refund payable

              10       Financial security

              11       Expiry

              12       Coming into force

Definitions

1(1)  In this Regulation,

                                 (a)    “academic term” means a period of study in an approved training program of not more than 6 months within an academic year;

                                 (b)    “academic year” means a period of study in an approved training program of a minimum 9 months but not more than 12 months;

                                 (c)    “acceptable attendance” means acceptable attendance in accordance with section 7;

                                 (d)    “acceptable progress” means acceptable progress in accordance with section 8;

                                 (e)    “approved training program” means a program that has been approved by the Director under section 2;

                                  (f)    “books and supplies” means such books and supplies as are essential to the successful completion of an approved training program, but does not include computer hardware;

                                 (g)    “Department” means the Department of Employment and Immigration;

                                 (h)    “learner start date” means the first day of the academic year of the approved training program in which the full‑time learner is enrolled;

                                  (i)    “learner with a disability” means a learner who because of chronic or permanent physiological or psychological loss of function is limited in his or her ability to perform activities necessary to participate in training;

                                  (j)    “learner withdrawal date” means the date determined in accordance with section 6;

                                 (k)    “mandatory fees” means flat‑rate charges incurred by all the learners in an approved training program for libraries, technology, laboratories and any other facilities the use of which is necessary to both assist in instruction and program completion, but does not include tuition fees and fees for health and dental benefits;

                                  (l)    “prescribed fees” means mandatory fees and student association fees;

                                (m)    “student association fees” means the fees that are payable to a students association for student association activities but effective August 1, 2004 do not include fees for health and dental benefits;

                                 (n)    “tuition‑funded program” means an approved training program whereby the training provider charges tuition fees and other prescribed fees to learners accepted for enrolment in the program, which fees are paid by the Department on behalf of learners, up to a total funding allocation prescribed by the Director.

(2)  For the purpose of this Regulation, a full‑time learner is a person who

                                 (a)    subject to clauses (b) to (f), enrolls in not less than 60% of an approved training program for full‑time learners;

                                 (b)    for learners in the Literacy, Adult Basic Education, and English as a Second Language programs, enrolls in an approved training program for not less than 20 hours per week;

                                 (c)    for learners in an upgrading program at the Grade 10 to 12 level that is intended to prepare learners for further academic or technical training or employment, enrolls in not less than 18 hours per week per academic term;

                                 (d)    for learners in an integrated training program approved under section 2, enrolls in not less than 25 hours per week in the integrated training program;

                                 (e)    for learners in an occupational training program approved under section 2, meets the requirements established by the training provider and accepted by the Department;

                                  (f)    for learners with a disability eligible to receive training benefits under section 12 of the Act, enrolls in not less than 40% of an approved training program for full‑time learners.

AR 384/2003 s1;35/2007;68/2008

Approval of training programs

2  The Director may approve a training program offered by a person if

                                 (a)    the person has, at the request of the Director, applied in the form and manner provided by the Director and within the time specified by the Director, for the approval of a proposed training program;

                                 (b)    the person has the capacity to carry out the following, in circumstances where the Director determines it is necessary:

                                           (i)    provide assessment services as required by the Director;

                                          (ii)    provide service management services as required by the Director;

                                         (iii)    provide adequate instruction in the proposed training program;

                                         (iv)    monitor and report on the progress of learners as required by the Director,

                                                 (A)    while the learners are enrolled in the proposed training program, and

                                                  (B)    after the learners have completed the proposed training program;

                                 (c)    in the opinion of the Director, the person can or is reasonably likely to be able to meet performance expectations established by the Director;

                                 (d)    there are employment opportunities for graduates of the proposed training program or the program will prepare the learner for further training leading to employment;

                                 (e)    the person is able to provide financial security in a form acceptable to the Director, if required by the Director;

                                  (f)    the tuition fees and mandatory fees to be charged for the program are at levels acceptable to the Director;

                                 (g)    the person has demonstrated that it has met the requirements of any certification or accreditation process required by the Director;

                                 (h)    in the case of a person offering vocational training that requires licensing under the Private Vocational Schools Act, the person is so licensed;

                                  (i)    the person agrees in writing to comply with

                                           (i)    this Regulation and other enactments relating to policies governing the proposed training program, and

                                          (ii)    any terms or conditions of approval for the proposed training program.

AR 384/2003 s2;119/2009

Tuition‑funded programs

3(1)  In the case of a tuition‑funded program, the Minister may determine from time to time the total funding allocation for a training provider or the total number of learners that may be accepted into approved training programs.

(2)  A training provider shall not exceed any maximum funding allocation or accept more than the number of learners approved by the Minister.

AR 384/2003 s3;41/2005

Duties of training providers

4(1)  A training provider shall, if applicable,

                                 (a)    use the funds granted to a learner in accordance with any terms or conditions of approval for the approved training program,

                                 (b)    ensure that income support payments provided under Part 2, Division 1, of the Act or assistance under the Grants, Donations and Loans Regulation (AR 315/83) payable to full‑time learners are distributed only to the eligible learner and only if the learner to whom the funds are payable continues to meet the eligibility requirements of the Act and this Regulation or under the Grants, Donations and Loans Regulation,

                                 (c)    return to the Director all payments referred to in clause (b) that have not been distributed within 5 days after the date determined by the Director,

                                 (d)    ensure that learners are enrolled in the approved training programs for which they are eligible and have been approved, and monitor their continuing eligibility,

                                 (e)    charge tuition fees and prescribed fees and the cost of books and supplies within any funding limits approved by the Director for the approved training program,

                                  (f)    charge only the tuition fees and prescribed fees that have been approved for the approved training program, and no other program related fees,

                                 (g)    charge the same tuition fees and prescribed fees and charge the same prices for books and supplies to learners as are charged to other students in the same program,

                                 (h)    charge comparable tuition fees and prescribed fees and charge comparable prices for books and supplies to learners as are charged to other students in comparable programs delivered by the training provider,

                                  (i)    ensure that the premises at which the approved training program will be provided comply with the municipal zoning bylaws and applicable municipal and provincial public health, safety, fire and building standards,

                                  (j)    ensure that instructors have the qualifications to teach the approved training program,

                                 (k)    maintain the requirements of any certification or accreditation process required as a condition of the approval of the approved training program,

                                  (l)    notify the Director, within the time and in the form and manner determined by the Director, about

                                           (i)    learners who have withdrawn, or are considered to have withdrawn in accordance with section 6 from an approved training program,

                                          (ii)    learners who have been expelled by the training provider,

                                         (iii)    learners who have not met the acceptable attendance standards, and

                                         (iv)    learners who have not met the acceptable progress standards,

                                (m)    at the request of the Director, provide confirmation of any changes in enrolment,

                                 (n)    monitor and report, as the Director requires, on further training taken and employment achieved by learners, at such intervals and for such period following completion of their approved training program, as the Director requires,

                                 (o)    for each approved training program, continue to meet the performance expectations required by the Director,

                                 (p)    for each approved training program, maintain the amount of financial security required in the approval of the training program, and

                                 (q)    use the forms and electronic systems determined by the Director.

(2)  Repealed AR 41/2005 s3.

AR 384/2003 s4;41/2005

Training provider records

5(1)  A training provider must maintain records for each learner in an approved training program, in the form and manner determined by the Director, containing the information required by the Director, if the information is necessary to administer an approved training program including, without limitation, the following:

                                 (a)    records of all income support payments and payment of training benefits distributed to learners by the training provider;

                                 (b)    tuition fees and prescribed fees paid on behalf of learners;

                                 (c)    records of learner attendance, withdrawal or expulsion;

                                 (d)    learner progress records;

                                 (e)    records regarding further training taken and employment achieved by a learner after completion of an approved training program.

(2)  A training provider must retain the records at such place and for such period as is determined by the Director and may only dispose of the records in accordance with the standards and procedures determined by the Director.

(3)  A training provider must ensure that the personal information that it collects with respect to learners in an approved training program under the Act or this Regulation is used and disclosed by it only for the purpose of providing the approved training program unless the collection, use or disclosure of the information for some other purpose is authorized by law, including the Freedom of Information and Protection of Privacy Act.

(4)  On reasonable notice and at reasonable times, a training provider must allow the Director or persons authorized by the Director to enter the premises where the records are kept and to inspect them.

Withdrawal

6   A learner is considered to have withdrawn from an approved training program on the earliest of the following dates:

                                 (a)    the day the learner notifies the training provider or the Director that he or she is withdrawing or has withdrawn;

                                 (b)    the day the learner is expelled by the training provider;

                                 (c)    the day the learner ceases to meet the requirements for acceptable attendance;

                                 (d)    the day the learner ceases to meet the requirements for acceptable progress;

                                 (e)    the day the learner completes the program, if it is earlier than the scheduled completion date.

Acceptable attendance

7(1)  Subject to subsection (5), a full‑time learner meets the requirements for acceptable attendance if the learner is present for all scheduled training in each academic term except for the absences set out in subsection (2).

(2)  A full‑time learner must not be absent for more than 5 days on which classes are scheduled without having provided to the training provider, at the time the reason for the absence arises, a verified or verifiable medical or equivalent reason that in the opinion of the training provider excuses the absence.

(3)  The full‑time learner may provide the reason under subsection (2) as soon as practicable if the learner can demonstrate to the training provider that he or she was not reasonably able to provide it when it arose.

(4)  A full‑time learner may not be absent from classes for more than 3 consecutive weeks for any reason.

(5)  A full‑time learner participating in off site distance programs meets the requirements for acceptable attendance, if the learner meets the requirements determined by the Director for the particular program.

Acceptable progress

8(1)  A full‑time learner meets the requirements for acceptable progress if the learner, unless otherwise determined by the Director, passes all courses in which the learner must be enrolled to be a full‑time learner and demonstrates the essential competencies needed to successfully complete the program and to progress to the next level of training or to become employed.

(2)  A part‑time learner meets the requirements for acceptable progress if the learner, unless otherwise determined by the Director, passes all courses in which the learner is enrolled and demonstrates the essential competencies needed to successfully complete the courses and to progress to the next level of training or to become employed.

Refunds

9(1)  Training providers must in accordance with this section refund to the Minister of Employment and Immigration funds paid under a tuition‑funded program to the training provider.

(2)  Refunds of tuition fees and prescribed fees for a full‑time learner must be calculated in accordance with the following:

                                 (a)    100% of the academic term tuition fees and prescribed fees for a learner who was accepted and enrolled in an approved training program and whose funding application has been approved by the Department, but who never attended the program, less an administration fee;

                                 (b)    75% of the academic term tuition fees and mandatory fees for a learner if the time period between the learner start date and the learner withdrawal date is at least 1% and not more than 20% of the academic term;

                                 (c)    40% of the academic term tuition fees and mandatory fees for a learner if the time period between the learner start date and the learner withdrawal date is at least 21% and not more than 40% of the academic term;

                                 (d)    no refunds shall be paid when the time period between the learner start date and the learner withdrawal date is 41% or more of the academic term.

(3)  The refund of tuition fees and prescribed fees must be paid to the Minister by the training provider within 90 days from the scheduled commencement date of the academic term from which the learner withdrew.

(4)  For the purposes of this section, a full‑time learner is no longer enrolled in an approved training program once the learner has withdrawn or is deemed to have withdrawn from the program in accordance with section 6.

(5)  The amount of administration fee referred to in subsection (2)(a) that a training provider may charge cannot exceed $50 per academic year per learner.

AR 384/2003 s9;35/2007;68/2008

No refund payable

9.1   Notwithstanding any other provision in this Regulation, no refund is payable in respect of a learner who successfully completes all of the requirements of an approved training program before the last scheduled day on which the approved training program is to be completed.

AR 119/2009 s3

Financial security

10(1)  If the Director requires, a training provider must provide the Minister with financial security in a form and amount that is acceptable to the Director.

(2)  The Director may declare any security that has been provided by the training provider under subsection (1) to be forfeited to the Crown in right of Alberta if

                                 (a)    the training provider is unable to provide or complete an approved training program, or

                                 (b)    the training provider is required to make refunds under section 9 and the training provider is unable or refuses to make the refund.

Expiry

11   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2010.

Coming into force

12  This Regulation comes into force on January 1, 2004.