signal orders, notices and financial
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Ministry of Training, Colleges and Universities Office of the Superintendent Private Career Colleges Branch 77 Wellesley Street West Box 977 Toronto ON M7A 1N3
Ministère de la Formation et des Collèges et Universités Bureau du Suprintendent Direction des colleges privés d'enseignement professionnel 77, rue Wellesley Ouest Boîte 977 Toronto ON M7A 1N3
Particulars of Notice of Contravention and Review Decision
S. 49 (1) Private Career Colleges Act, 2005 (“Act”)
November 28, 2014
These particulars are posted following the issuance of an administrative penalty for which a
review was requested. Penalties may be reviewed upon request within 15 days of receipt of a
Notice of Contravention. The review decision is made considering not only the information
originally available at the time the Notice of Contravention was issued, but also any new
information not previously available that may have been supplied in support of the request for a
review. On review, an administrative penalty may be upheld, rescinded or reduced. A review
decision is final.
Original service date: December 17, 2012
Sasa Ristic operating as Signal Truck & Forklift Driving School 1380 Fuller Crescent Windsor, ON N8W 5S2
Description: Original Amount:
Review Decision:
PCCA, 2005, s. 11
Restrictions on advertising and soliciting
$2,000 per day
(doubled for second contravention)
Penalty of $2,000 per day is upheld. The penalty accumulated form December 17, 2012 to January 2, 2013 (inclusive).
The balance of the evidence indicates that Sasa Ristic, operating as Signal Truck & Forklift Driving School, was advertising an unregistered private career college and an unapproved AZ Truck Driving program.
Sasa Ristic was registered as a private career college prior to the expiry of its registration on August 28, 2010. Sasa Ristic has also been subject to previous enforcement action by the Superintendent for failure to comply with section 11 of the Act: a Restraining Order issued on May 30, 2011, and a Notice of Contravention issued on May 30, 2011. As such, evidence indicates that Sasa Ristic was aware of the requirements
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Description: Original Amount:
Review Decision:
to register and obtain program approval prior to advertising unapproved vocational programs.
Original penalty: $34,000 Penalty following review: $34,000
PCCA, 2005, s. 7 (1)
Prohibition against operating a private career college.
$2,000 per day
(doubled for second contravention)
Penalty of $2,000 per day is upheld. The penalty accumulated from December 17, 2012 to January 2, 2013 (inclusive).
The balance of the evidence indicates that Sasa Ristic, operating as Signal Truck & Forklift Driving School, was operating an unregistered private career college.
As Sasa Ristic was previously registered as a private career college and subject to prior enforcement action, including penalties for contravening subsection 7 (1) of the Act, evidence indicates that the School was aware of the requirements to register with the Superintendent prior to operating a private career college.
Original penalty: $34,000 Penalty following review: $34,000
PCCA, 2005, s. 8 (1)
Prohibition against offering or providing unapproved vocational programs.
$3,000 per day
(tripled for third contravention)
Penalty of $3,000 per day is upheld. The penalty accumulated from December 17, 2012 to January 2, 2013 (inclusive).
The balance of the evidence indicates that Sasa Ristic, operating as Signal Truck & Forklift Driving School, was offering an unapproved AZ Truck Driving program.
As set out under subsection 9 (2) of Ontario Regulation 415/06, AZ truck training is not exempt from program approval because Policy Directive #5 – Tractor-Trailer (AZ) Driver Program Approval Requirements, issued by the Superintendent on August 13, 2010, requires all AZ truck driver programs provided by private career colleges to be 200 hours in duration or more.
As Sasa Ristic was previously registered as a private career college and subject to prior enforcement action, including penalties for contravening subsection 8 (1) of the Act, evidence indicates that the School was aware of the requirements to register and obtain program approval prior to offering unapproved vocational programs.
Original penalty: $51,000
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Description: Original Amount:
Review Decision:
Penalty following review: $51,000
PCCA, 2005, s. 46
Failure to comply with an order of the Superintendent
$2,000 (one time penalty)
(doubled for second contravention)
One time penalty of $2,000 per day is upheld.
Evidence indicates that Sasa Ristic, operating as Signal Truck & Forklift Driving School, failed to comply with the Restraining Order issued by the Superintendent on May 30, 2011, after providing written confirmation of compliance on June 28, 2011 in response to the Order. By advertising an unapproved vocational program and an unregistered private career college, the School failed to comply with the requirements of the May 30th, 2011 Restraining Order.
Evidence also indicates that Sasa Ristic, operating as Signal Truck & Forklift Driving School, failed to comply with the Restraining Order issued by the Superintendent on October 18, 2011. The Restraining Order required Sasa Ristic to stop contravening sections 7, 8 (1) and 9 (1) of the Act. Given the findings above that Sasa Ristic, operating as Signal Truck & Forklift Driving School, has contravened sections 7 (1) and 8 (1) of the Act, the School failed to comply with the requirements of the October 18, 2011 Restraining Order.
Original penalty: $2,000 Penalty following review: $2,000
Total: Total penalties following review: $121,000
The penalty will resume accumulating daily from date of decision (November 26, 2014) until the Ministry receives written confirmation of compliance with the Act and its regulations.
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Ministry of Training, Colleges and Universities
Office of the Superintendent
Private Career Colleges Branch 77 Wellesley Street West Box 977 Toronto ON M7A 1N3
Ministère de la Formation et des Collèges et Universités
Bureau du Surintendent
Direction des colleges privés d'enseignement professionnel 77, rue Wellesley Ouest Boîte 977 Toronto ON M7A 1N3
Particulars of Notice of Contravention and Review Decision
S. 49 (1) Private Career Colleges Act, 2005 (“Act”)
October 3, 2013
These particulars are posted following the issuance of an administrative penalty for which a
review was requested. Penalties may be reviewed upon request within 15 days of receipt of a
Notice of Contravention. The review decision is made considering not only the information
originally available at the time the Notice of Contravention was issued, but also any new
information not previously available that may have been supplied in support of the request for a
review. On review, an administrative penalty may be upheld, rescinded or reduced. A review
decision is final.
Original service date: October 18, 2011
Sasha Ristic
Operating as Signal Truck & Forklift Driving School
1380 Fuller Crescent
Windsor, Ontario
N8W 5S2
Description: Original Amount:
Review Decision:
Act, s. 8 (1) - Prohibition against
providing vocational programs
On September 7, 2011, a Designate of
the Superintendent (“Designate”)
received an e-mail which contained
copies of signed receipts issued by
Sasha Ristic of Signal Truck & Forklift
$2,000 per day
Penalty of $2,000 per day is upheld
from October 18, 2011 to October 27,
2011 (inclusive).
The balance of evidence available
indicates that Signal Driving School
was providing an unapproved Truck
Driver (AZ) program. This program is
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Description: Original Amount:
Review Decision:
Training (“School”). Both receipts were
issued on August 26, 2011 for A class
driver training which combined, totaled
$1,298.
On September 13, 2011, the Designate
spoke with the student who received
these receipts who confirmed their
authenticity. The student stated that Mr.
Ristic told him that: he could get an A
class licence in 2-3 weeks and would
receive unlimited training for $3,000;
that he received training from Mr. Ristic
between August 8 and August 25; and
that classes were generally delivered
between Monday-Friday for 1 hour per
day.
On September 15, 2011 the Designate
phoned Mr. Ristic and spoke with him
about the tractor trailer training he was
providing. Mr. Ristic acknowledged that
he had trained students during the
month of August, but refused to provide
the Designate with contact information
for those students.
As the School’s A class licence training
cost over $1,000 and was required by
the Superintendent’s policy directive to
be at least 200 hours in duration, it was
being offered and provided in
contravention of section 8 (1) of the Act.
intended to train students to enter an
occupation included in National
Occupational Code 7411- Truck
Drivers.
Evidence supports that Signal Driving
School was aware of the legislative
requirements to register and obtain
program approval prior to advertising or
offering a vocational program.
As Signal Driving School was a
registered private career college from
October 2008 to August 2010, evidence
indicates that the School was aware of
the requirement to register and obtain
program approval prior to advertising
and/or providing a vocational program.
Evidence indicates that, after voluntarily
ceasing its registration as a private
career college, the School intended to
continue its operations without having
to comply with the Act.
Original penalty: $20,000 Penalty following review: $20,000
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Description: Original Amount:
Review Decision:
Act, s. 9 – Prohibition against charging
fee
On September 7, 2011 a Designate
received signed receipts totaling $1,298
for A class licence training dated August
26, 2011 issued by the School to a
former student, who confirmed that he
was issued those receipts by Mr. Ristic.
Mr. Ristic has acknowledged that he
provided A class licence training to this
student.
By charging fees for an unapproved A
class licence training program, Mr. Ristic
was contravening section 9 of the Act.
$2,000 per day
Penalty of $2,000 per day is upheld
from October 18, 2011 to October 27,
2011 (inclusive).
The balance of evidence available
indicates that Sasha Ristic o/a Signal
Driving School was operating as an
unregistered private career college,
including advertising and providing an
unapproved vocational program and
enrolling students in the unapproved
program for a fee.
Original penalty: $20,000 Penalty following review: $20,000
Act, s. 7 – Prohibition against operating
a private career college
On September 7, 2011 a Designate
received signed receipts totaling $1,298
for A class licence training dated August
26, 2011 issued by the School to a
former student, who confirmed that he
was issued those receipts by Mr. Ristic.
Mr. Ristic has acknowledged that he
provided A class licence training to this
student and others during the month of
August.
The School also had a listing on
yellowpages.ca which provided an
address and phone number for the
School.
By publicizing the School, enrolling
students into a vocational program,
$2,000 per day
Penalty of $2,000 per day is upheld
from October 18, 2011 to October 27,
2011 (inclusive).
The balance of evidence available
indicates that Sasha Ristic o/a
Signal Driving School was charging a
fee to students for the
provision of an unapproved vocational
program.
Original penalty: $20,000 Penalty following review: $20,000
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Description: Original Amount:
Review Decision:
providing a vocational program,
charging fees for a vocational program,
and issuing receipts, Mr. Ristic was
operating an unregistered private career
college in contravention of section 7 of
the Act.
Failure to comply with an order of the
Superintendent made under s. 46 of the
Act
On May 30, 2011 a Restraining Order
was issued against Sasha Ristic known
as Signal Driving School by the
Superintendent of Private Career
Colleges. The order required Mr. Ristic
to stop offering and providing
unapproved vocational programs in
contravention of section 8 of the Act,
and to stop operating a private career
college in contravention of section 7 of
the Act.
However, evidence was obtained that
shows Mr. Ristic has operated an
unregistered private career college, and
provided unapproved vocational
programs after May 30, 2011.
$1,000 per day
Penalty of $1,000 per day is upheld
from October 18, 2011 to
October 27, 2011 (inclusive).
The balance of evidence available
indicates that Sasha Ristic o/a Signal
Driving School failed to comply with a
Restraining Order issued by the
Superintendent on May 30, 2011, which
required the School to stop offering an
unapproved vocational program.
Evidence supports that the School
continued to provide this
unapproved program after receiving the
May 30th Restraining Order.
Original penalty: $10,000 Penalty following review: $10,000
Act, s. 38 (6) – Inquiries and
examinations, Duty to Assist
Between September 15 and September
16, 2011 a Designate contacted Sasha
Ristic to request contact information for
students who had received training from
the School during the month of August.
$1,000 (one-time)
One-time penalty of $1,000 is upheld.
The balance of evidence available
indicates that Sasha Ristic o/a
Signal Driving School failed to assist a
Designate of the Superintendent who
was requesting information using his
authorities under subsection 38 (6) of
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Description: Original Amount:
Review Decision:
The Designate advised Mr. Ristic twice
that the Designate was making inquiries
using the powers provided by section 38
of the Act, which required Mr. Ristic to
provide accurate and fulsome responses
to the Designate’s questions, and to
provide the Designate with any
information which was requested.
Although Mr. Ristic acknowledged that
he understood the requirements of
section 38 of the Act he refused to
provide the Designate with the
requested information.
Therefore, Mr. Ristic failed to assist a
Designate in the manner which was
specified by that Designate in
contravention of section 38 (6) of the
Act.
the Act. Evidence also indicates that
the School was aware of the
requirements under section 38 of the
Act.
Original penalty: $1,000 Penalty following review: $1,000
Total Original Penalties: $61,000 Total Penalties Following Review: $61,000
Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Office of the Superintendent Bureau du Surintendent Private Career Colleges Branch Direction des colleges 77 Wellesley Street West privés d'enseignement professionnel Box 977 77, rue Wellesley Ouest Toronto ON M7A 1N3 Boîte 977 Toronto ON M7A 1N3
3rd PARTICULARS OF A RESTRAINING ORDER
S. 49 (2) Private Career Colleges Act, 2005 (“Act”) December 17, 2012
These particulars are posted following the issuance of a Restraining Order against an
unregistered private career college by the Superintendent of Private Career Colleges pursuant
to s. 46 (1) of the Act.
Original service date: December 17, 2012
Sasa Ristic
Known as Signal
And Signal Truck & Forklift Driving School
And Signal Driving School
1160 Central Ave
Windsor Ontario
N8Y 4B4
And
1380 Fuller Crescent
Windsor, Ontario
N8W 5S2
Contraventions
The Superintendent has ordered Sasa Ristic known as Signal to stop:
A. Advertising an unapproved vocational program contrary to s. 11 of the Act;
B. Offering an unapproved vocational program contrary to s. 8(1) of the Act; and
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C. Operating an unregistered private career college contrary to s. 7 of the Act.
Required Actions
By December 19, 2012, Sasa Ristic known as Signal is required by the Superintendent to
provide written confirmation, together with all available supporting evidence, confirming that he:
A. Has stopped advertising an unapproved vocational program;
B. Has stopped providing an unapproved vocational program; and
C. Has stopped operating an unregistered private career college.
Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Office of the Superintendent Bureau du Surintendent Private Career Colleges Branch Direction des colleges 9th Floor, Mowat Block privés d'enseignement professionnel 900 Bay Street 9e étage, édifice Mowat Toronto ON M7A 1L2 900, rue Bay Toronto ON M7A 1L2
RESTRAINING ORDER By Email ([email protected]) and by Courier May 30, 2011 Sasha Ristic Known as Signal Driving School 2679 Howard Ave Windsor Ontario N8X 3X2 And 1160 Central Ave Windsor Ontario N8Y 4B4 Dear Mr. Ristic: This is a Restraining Order issued under s. 46 (1) of the Private Career Colleges Act, 2005 (“Act”). As the Superintendent of Private Career Colleges, I believe that you have contravened the Act and/or regulations, and I order you to stop contravening the following provisions of the Act and/or regulations:
Advertising an unregistered private career college and unapproved vocational programs that require approval, in contravention of section 11 of the Act;
Operating an unregistered private career college and holding yourself out as the operator of a private career college, in contravention of section 7 of the Act; and
Providing unapproved vocational programs that require approval, in contravention of section 8(1) of the Act.
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Detailed reasons in support of my decision to issue this order are found in Schedule “A”, attached. Failure to comply with this order may result in any or all of the following, further enforcement actions: Application for an order from the Superior Court of Justice; The issuance of further Administrative Monetary Penalties; and/or Prosecution for offences under the Act. Upon conviction by a court,
o A corporation is subject to a fine of up to $250,000; o An individual is subject to a fine of up to $100,000, a prison term of up
to one year, or both; and o An officer or director of a corporation who concurs in the commission of
the offence, is subject to a fine of up to $25,000, a prison term of up to one year, or both.
You must provide written, signed confirmation, together with all available supporting evidence, that the steps outlined below have been taken. This written confirmation must be delivered by June 1, 2011 by registered mail or courier to my attention and confirm that you:
Have stopped advertising an unregistered private career college and unapproved vocational programs that require approval;
Have stopped operating an unregistered private career college and holding yourself out as the operator of a private career college; and
Have stopped providing unapproved vocational programs that require approval.
As noted above, the applicable legislation is the Private Career Colleges Act, 2005 and the regulations made thereunder. The legislation and regulations are available at www.e-laws.gov.on.ca. If you are unable to access any relevant information on e-laws, you may contact our offices at (416) 314-0500 to request that a copy of the legislation and regulations be sent to you. Pursuant to sections 49(2) and 49(6) of the Act, this order is published on the Ministry of Training, Colleges and Universities’ website. Kindly govern yourself accordingly, ORIGINAL SIGNED BY Allan Scott Superintendent of Private Career Colleges
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Schedule “A”
Detailed Reasons and Findings Contravention of section 11 of the Act - Restrictions on advertising and soliciting On May 20, 2011, a Designate of the Superintendent reviewed the website belonging to Signal Driving School (“School”), http://www.signalwindsor.com and found it to be advertising an “ACZ Professional Driving Course”. The cost and duration of the course were not listed on the website, but a phone number (519-991-4444) and address (2679 Howard Ave, Windsor, ON N8X3X2) were. The “services” page of the website contains the statement “Note: NOT A VOCATIONAL PROGRAM - This program does not require approval under Private Career Colleges Act, 2005”. The Designate proceeded to phone the School at 519-991-4444 and spoke with Sasha, who identified himself as being the School’s operator. The Designate asked about the School’s AZ program. Sasha stated that the course costs $2,950 and includes air brake training, unlimited in truck training, and unlimited use of the truck for road tests. Given the “unlimited” nature of the truck training, the Designate came to the reasonable conclusion that the school’s AZ program exceeds the duration exemption of under 40 hours as per section 9 (1) of Ontario Regulation 415/06 made under the Act. The Designate then asked if this course was reduced in cost. Sasha advised that it is currently 60% off which translates to a total cost of $1,180 which exceeds the cost exemption of under $1,000 as per section 9 (1) of Ontario Regulation 415/06 made under the Act. The Designate also asked if the School is still located on Windsor Ave. Sasha advised that the School is moving to 1160 Central Ave, Windsor Ontario. The ACZ Professional Driving Course corresponds to National Occupational Classification (NOC) code 7411 - Truck Drivers. Based on the evidence gathered this course fits the definition of a vocational program requiring approval of the Superintendent according to the Act. Since this program is not approved, advertising of same is prohibited in accordance with Section 11 of the Act. Contravention of section 8(1) of the Act - Prohibition against providing vocational programs On May 20, 2011, a Designate of the Superintendent reviewed the website belonging to Signal Driving School (“School”), http://www.signalwindsor.com and found it to be advertising an “ACZ Professional Driving Course”. The cost and duration of the course were not listed on the website, but a phone number (519-991-4444) and address (2679 Howard Ave, Windsor, ON N8X3X2) were. The
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“services” page of the website contains the statement “Note: NOT A VOCATIONAL PROGRAM - This program does not require approval under Private Career Colleges Act, 2005”. The Designate proceeded to phone the School at 519-991-4444 and spoke with Sasha, who identified himself as being the School’s operator. The Designate asked about the School’s AZ program. Sasha stated that the course costs $2,950 and includes air brake training, unlimited in truck training, and unlimited use of the truck for road tests. Given the “unlimited” nature of the truck training, the Designate came to the reasonable conclusion that the school’s AZ program exceeds the duration exemption of under 40 hours as per section 9 (1) of Ontario Regulation 415/06 made under the Act. The Designate then asked if this course was reduced in cost. Sasha advised that it is currently 60% off which translates to a total cost of $1,180 which exceeds the cost exemption of under $1,000 as per section 9 (1) of Ontario Regulation 415/06 made under the Act. The Designate also asked if the School is still located on Windsor Ave. Sasha advised that the School is moving to 1160 Central Ave, Windsor Ontario. The Designate also spoke with Sasha about the delivery of the program and the number of students currently enrolled. Sasha advised that the classes are very small, and are done is groups of 2-3. He stated that he has 2-3 students right now. The Designate also asked how payments could be made. Sasha said that $1,000 must be paid up front, but that the remaining fees could be paid in instalments. By providing an unapproved vocational program, the School is acting in contravention of section 8 (1) of the Act. Contravention of section 7 of the Act - Prohibition against operating a private career college
Under section 7(2) of the Act, no person shall hold themselves out as the operator of a private career college unless the person is registered. Under the Act, if an institution provides one or more vocational programs to students for a fee they are by definition a private career college. The following evidence has formed the basis for the Designates reasonable belief that Sasha Ristic is holding himself out to be the operator of a private career college:
the evidence offered in the previous section clearly indicates that the School is advertising and offering vocational programs for a fee;
the website http://www.signalwindsor.com provides the School’s address, phone number and e-mail address;
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during a May 20, 2011 conversation with a Designate, Sasha advised that he is the School’s operator;
during a May 20, 2011 conversation with a Designate, Sasha advised that the School if offering and providing vocational programs;
According to ONBIS, the business name Signal Driving School was registered to Sasha Ristic as a sole proprietor on March 24, 2005. The registration expired on May 20, 2011.
By advertising unapproved vocational programs, offering or providing vocational programs, and stating that he is the operator of an unregistered private career college, Sasha Ristic has held himself out to be the operator of a private career college in contravention of section 7 of the Act. Previous Efforts to Obtain Compliance Had No Effect On October 31, 2008, Sasha Ristic registered as a private career college with the business name Signal Driving School. On August 28, 2010, Sasha Ristic’s registration expired due to the fact that he did not submit an application for renewal. On September 10, 2010, the Manager of the Private Career Colleges Branch’s Registration Unit sent a letter to Sasha Ristic advising of the expiry, and instructing him to, among other things, stop advertising, offering, or providing vocational programs. On October 25, 2010, the Private Career Colleges branch received a letter from Sasha Ristic in which he claimed that he is not providing vocational training that requires approval under the Act. On February 21, 2011, Sasha Ristic sent an e-mail to a Designate in which he described several courses that he intended to offer to ask if they require approval under the Act. Each course was 8 hours in duration, and no AZ program was listed On February 24, 2011, a Designate sent an e-mail to Sasha Ristic confirming that the programs about which he had enquired do not require approval, but also stated that Mr. Ristic must not offer any vocational programs. On March 7, 2011, a Designate received a tip that the School has been holding itself out to be a private career college. Despite having been previously registered and receiving several communications from the Ministry regarding their legal obligations, the School was found to be operating in contravention of the Act.
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Tractor-Trailer (AZ) Driver Training Standard As of August 13, 2010, Tractor-Trailer training schools that offer vocational programs leading to the AZ driver licensing must adhere to the Superintendent's Policy Directive #5 and Tractor-Trailer (AZ) Driver Training Standard that prescribes program standards for training programs leading to AZ driver licensing. Both documents are available on the Ministry’s public website at: http://www.tcu.gov.on.ca/pepg/audiences/pcc/superintendent.html Pursuant to section 53 (1) of the Private Career Colleges Act, 2005, the Superintendent has the authority to override the 40 hours of exemption through issuing a policy directive that prescribes program duration. In order to offer Tractor-Trailer AZ driver training at a private institution in Ontario, you must be registered as a private career college and have your program approved by the Superintendent. Policy Directive #5 requires a Tractor-Trailer AZ driver programs to include at least 200 hours of instruction and be in compliance with the standards set out by the Ministry. All future PCC operators must adopt the required Tractor-Trailer (AZ) Driver Training Standard by August 31, 2011 Legal and Operating Entities According to ONBIS, the business name Signal Driving School was registered to Sasha Ristic as a sole proprietor on March 24, 2005. The registration expired on May 20, 2011. When Sasha Ristic was registered as a private career college, the business name on file was “Signal Driving School”.
Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Office of the Superintendent Bureau du Surintendent Private Career Colleges Branch Direction des colleges 9th Floor, Mowat Block privés d'enseignement professionnel 900 Bay Street 9e étage, édifice Mowat Toronto ON M7A 1L2 900, rue Bay Toronto ON M7A 1L2
RESTRAINING ORDER By Email ([email protected]) and by Courier October 18, 2011 Sasha Ristic Known as Signal Truck & Forklift Driving School And Signal Truck & Forklift Training 1160 Central Ave Windsor Ontario N8Y 4B4 And 1380 Fuller Crescent Windsor, Ontario N8W 5S2
Dear Mr. Ristic:
PART I – EXECUTIVE SUMMARY
[1] This is a Restraining Order issued under s. 46(1) of the Private Career
Colleges Act, 2005 (“Act”). As the Superintendent of Private Career Colleges, I
believe that you have contravened the Act and/or regulations, and I order you to
stop contravening the Act and/or regulations. In particular, I order that you stop:
A. Providing unapproved vocational programs, contrary to s. 8(1) of the Act;
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B. Collecting fees from students without first becoming a registered Private
Career College and having your vocational programs approved, contrary to s.
9 of the Act; and
C. Operating an unregistered Private Career College, contrary to s. 7 of the Act;
Detailed reasons in support of my decision to issue this Order are found in PART
III – DETAILED FINDINGS AND REASONS FOR DECISION, attached.
PART II – REQUIRED ACTIONS, PUBLICATION AND CONSEQUENCES
What you must do:
[2] You must provide signed confirmation, together with all available
supporting evidence, that the steps outlined below have been taken. This written
confirmation must be delivered by October 24, 2011 by registered mail or courier
to my attention and confirm that you:
A. Have stopped providing unapproved vocational programs;
B. Have stopped charging fees for unapproved vocational programs; and
C. Have stopped operating an unregistered Private Career College.
What may happen if you do not fully comply:
[3] Failure to comply with this order may result in any or all of the following,
further enforcement actions:
Application for an order from the Superior Court of Justice;
The issuance of further Administrative Monetary Penalties; and/or
Prosecution for offences under the Act. Upon conviction by a court:
o A corporation is subject to a fine of up to $250,000;
o An individual is subject to a fine of up to $100,000, a prison term of up
to one year, or both; and
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o An officer or director of a corporation who concurs in the commission of
the offence, is subject to a fine of up to $25,000, a prison term of up to
one year, or both.
Applicable legislation:
[4] As noted above, the applicable legislation is the Private Career Colleges
Act, 2005 and the regulations made thereunder. The legislation and regulations
are available at www.e-laws.gov.on.ca. If you are unable to access any relevant
information on e-laws, you may contact our offices at (416) 314-0500 to request
that a copy of the legislation and regulations be sent to you.
This Order is being [or may be] published:
[5] Pursuant to sections 49(2) and 49(6) of the Act, this Order is published on
the Ministry of Training, Colleges and Universities’ website.
Kindly govern yourself accordingly,
ORIGINAL SIGNED BY
Bradley Fauteux
Superintendent of Private Career Colleges (Acting)