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A student who quits or stops taking a program of
instruction may be entitled to a refund of tuition only if
the student terminates this contract in writing. The
termination of this contract and the amount of a refund are
governed by the Private Vocational Schools Regulation.
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THE PRIVATE VOCATIONAL SCHOOLS ACT
RETENTION AND REPAYMENT OF FEES
(Extract - Alberta Regulations 66/94)
Termination
of Student Contracts
(1) A student or a licensee may terminate a student
contract by giving written notice to the other party.
(2) A student who wishes to terminate a student contract
must
(a) give the written notice to a person who works for
the licensee at the business address of the licensee set
out in the student contract or to the instructor of the
vocational training,or (b) send the written notice by
certified mail to the mailing address of the licensee
set out in the student contract.
(3) A licensee who wishes to terminate a student
contract must
(a) give the written notice to the student, or
(b) send the written notice by certified mail to the
mailing address of the student set out in the student
contract.
(4) A student contract is terminated,
(a) if the written notice to terminate is given to a
person under subsection (2)(a) or (3)(a), when the
person receives the notice, or
(b) if the written notice is sent by certified mail, 7
days after the notice is mailed.
Registration Fee
(1)Subject to subsection (2), a licensee may require
a student to pay a registration fee before the
student's vocational training has commenced.
(2) A licensee must not require or accept payment of
a registration fee in respect of a person until that
person has signed a student contract.
(3) The maximum registration fee is $150.
(4) A licensee who receives a registration fee must
credit the fee to unpaid tuition if the student
commences to vocational training.
(5) A licensee must not require or accept payment of
any amount for tuition before the vocational
training commences except for a registration fee.
Cooling Off Period
Notwithstanding any other provision in this
Regulation, if a student terminates a student
contract on or before the 4th day after signing the
contract, the licensee must refund any tuition or
other fee paid by or on behalf of the student.
Refund of Fees - Before Training Commences
(1) If a student terminates a student contract
for vocational training before the vocational
training has commenced, the licensee is entitled
to any registration fee paid by or on behalf of
the student.
(2) If
(a) a licensee terminates a student contract
before the vocational training has commenced, or
(b) the vocational training does not commence by
the date the training was to have commenced
under the student contract, the licensee must
refund any registration fee that has been paid
by or on behalf of the student.
Refund of Fees - After Training Commences
(1) If either party terminates a student
contract for a program of instruction after the
program of instruction has commenced, the
licensee is entitled to the following amounts of
tuition:
(a) when 10% or less of the program of
instruction has been provided, 25% of the
student's tuition;
(b) when more than 10% but 50% or less of the
program of instruction has been provided, 60% of
the student's tuition;
(c) when more than 50% of the program of
instruction has been provided, 100% of the
student's tuition.
(2) If a licensee has received tuition in excess
of the amount that the licensee is entitled to
under subsection (1), the licensee must refund
the excess.
Refund of Fees - Correspondence
Courses
(1) In this section, "cost of a lesson" is
the amount obtained by dividing the tuition
for a correspondence course by the number of
lessons in the course.
(2) If either party terminates a student
contract for a correspondence course after
the correspondence course has commenced, the
licensee is entitled to
(a) the cost of lessons that have been
supplied, marked and returned to the stduent
by the effective date of the termination,
and
(b) the lesser of
(i) the cost of the lessons that have been
supplied but have not been marked and
returned to the student by the effective
date of the termination, up to a maximum of
3 lessons, and
(ii) 15% of the cost of the lessons that
have not been supplied, marked and returned
to the student by the effective date of the
termination.
If a licensee has received tuition in excess
of the amount that the licensee is entitled
to under subsection (2), the licensee must
refund the excess.
Abandonment
(1) For the purpose of this section, a
licensee abandons the provision of
vocational training under its license if
the license stops providing the
vocational training before it is
complete and
(a) there are student contracts for the
vocational training that have not been
terminated, or
(b) all student contracts for the
vocational training have been terminated
and one or more of the contracts were,
in the Director's opinion, terminated by
the licensee so that the licensee would
not be required to provide vocational
training.
(2) Notwithstanding sections 19 to 21,
if a licensee abandons the provision of
vocational training under its license,
the license must refund all tuition that
has been paid in respect of the
vocational training.
(3) This section does not require the
refund of tuition in respect of a
student whose contract is terminated
(a) by the student before the licensee
abandons the provision of vocational
training, or
(b) by the licensee before the licensee
abandons the provision of vocational
training if the termination was made
because the student was expelled or for
non-payment of fees.
Cancellation
of License
(1) Notwithstanding sections 19 to
21, if a licensee's license is
canceled, the licensee must refund
all tuition that has been paid in
respect of the vocational training
provided under that license.
(2) This section does not require
the refund of tuition in respect of
a student whose student contract is
terminated.
(a) by the student before the
license is canceled, or
(b) by the licensee before the
license is canceled if the
termination was made because the
student was expelled for non-payment
of fees.
False of Misleading
Information
Notwithstanding sections 19 to
21, if in the opinion of the
Director a student was induced
to enter into a student contract
by false or misleading
information provided by the
licensee or the licensee's
authorized representative, the
licensee must refund all tuition
that has been paid by or on
behalf of the student.
Payment of Refunds
(1) Subject to subsection
(2), a refund of a student's
tuition must be paid to the
student.
(2) If a licensee receives
payment of a student's
tuition from a government,
agency or person other than
the student, any refund of
the student's tuition msut
be paid to the government,
agency or other person.
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