The Trade Schools Regulation Act

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1 The Trade Schools Regulation Act being Chapter 268 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Registration necessary 4 Agents of trade schools 5 Application for registration 6 Renewal of registration 7 Certificate of registration 8 Inspection of schools 9 Cancellation of certificate of registration 10 Offences and penalties 11 Court proceedings 12 Regulations 13 Scope of Act 14 Appointment of officials

3 CHAPTER 268 An Act to regulate Trade Schools Short title 1 This Act may be cited as The Trade Schools Regulation Act. 1939, c.92, s.1; R.S.S. 1940, c.268, s.1. Interpretation 2 In this Act, unless the context otherwise requires, the expression: Minister 1. Minister means the member of the Executive Council for the time being charged with the administration of this Act; Trade 2. Trade means the skill and knowledge requisite for or intended for use in an industrial or commercial occupation, calling or vocation, and without derogating from the generality of the foregoing includes the construction, building, repair and operation of aeroplanes, automobiles, steam engines, boilers, internal combustion engines, machinery of all kinds, bricklaying, building, carpentry, the work of a stonemason, plastering, plumbing, the fabrication of iron and steel, aviation, mining, lumbering, barbering, beauty culture, hairdressing, dressmaking, millinery, stenography, typewriting, bookkeeping, accountancy, clerical work, and any other occupation, calling or vocation designated as a trade by the regulations; Trade school 3. Trade school means a school or place wherein any trade is taught or purported to be taught or whereby any course of study of a trade by correspondence is organized, promoted, carried on, taught or purported to be taught, but does not include a school, place or course of study by correspondence kept or operated by the University of Saskatchewan, the trustees of a school district established pursuant to The School Act or The Secondary Education Act, a vocational education committee established under The Vocational Education Act, a department of the Government of Canada or Saskatchewan or an aviation club operated under the auspices or supervision of such department. 1939, c.92, s.2; R.S.S. 1940, c.268, s.2. Registration necessary 3 No person shall keep or operate a trade school unless he is registered pursuant to this Act. 1939, c.92, s.3; R.S.S. 1940, c.268, s.3. Agents of trade schools 4(1) No person shall hold himself out as an agent of a trade school kept or operated in the province or canvass or receive, take or solicit contracts for the purchase or sale of a course of study by correspondence of such a trade school, unless the person keeping or operating the trade school is registered under this Act. (2) No person shall hold himself out as an agent of a trade school kept or operated outside the province or canvass or receive, take or solicit contracts for the purchase or sale of a course of study by correspondence of such a trade school unless he is registered as an agent of the trade school under this Act.

4 4 c. 268 TRADE SCHOOLS (3) Every person registered as an agent of a trade school shall, when so canvassing or soliciting, carry with him the certificate of registration issued to him under section 7 and, upon the request of any person, produce the certificate for inspection. 1939, c.92, s.4; R.S.S. 1940, c.268, s.4. Application for registration 5(1) Applications for registration as keeper or operator of a trade school or as agent of a trade school shall be made to the minister. (2) Every application shall be in writing and shall be in the form and shall contain the particulars prescribed by the minister. 1939, c.92, s.5 redrawn; R.S.S. 1940, c.268, s.5. Renewal of registration 6 Every registration shall expire on the thirty-first day of December in the year of registration, and any person registered may, at any time in the month of December, make application to the minister for the renewal of his registration in the same manner as is hereinafter provided for first registration. 1939, c.92, s.6; R.S.S. 1940, c.268, s.6. Certificate of registration 7 When an applicant for registration or for renewal of registration complies with the requirements of the minister and satisfies him that the trade school is provided with competent instructors and sufficient equipment for the teaching of any specified trade or trades, and is furnishing or is prepared to furnish proper instruction in such trade or trades at reasonable rates, the minister may cause the applicant to be registered as the keeper or operator of a trade school for the teaching of the specified trade or trades, or may cause the applicant to be registered as agent of a trade school, and may issue a certificate of registration accordingly. 1939, c.92, s.7; R.S.S. 1940, c.268, s.7. Inspection of schools 8(1) The minister or any person authorized by him may, at any time during which a trade school is being kept or operated, enter the school, inspect the same, the premises in or on which it is operated, the equipment used therein and the method of instruction given thereat, request any information respecting the school or the operation thereof and inspect the business books and records, and all circulars, pamphlets and other material used for advertising the school and the instruction afforded thereat. (2) A person who obstructs the minister or any person acting under his authority in making an inspection or who refuses or neglects to give any information or produce any business book or record upon demand shall be guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100 and in default of payment to imprisonment for a term of not more than two months. 1939, c.92, s.8; R.S.S. 1940, c.268, s.8.

5 TRADE SCHOOLS c Cancellation of certificate of registration 9 If, as the result of an inspection of a trade school, or upon being otherwise credibly informed, the minister is satisfied that a trade school in respect of which registration has been made under this Act is insufficiently provided with desirable equipment and means of instruction, or that the educational or physical welfare of the students is insufficiently provided for or that the charges made for the instruction given are unreasonable, or that any regulation made pursuant to this Act is not observed therein, he may cancel the certificate of registration, and thereupon the registration and the certificate thereof shall be null and void. 1939, c.92, s.9; R.S.S. 1940, c.268, s.9. Offences and penalties 10(1) A person who: (a) keeps or operates a trade school when he is not registered as the keeper or operator thereof; or (b) keeps or operates a trade school for the purpose at giving instruction in a trade not specified in his certificate of registration; or (c) enters into a contract for the furnishing of instruction in a trade other than in the form set out in the application for registration or in a form which has been approved by the minister; (d) fails to comply with any regulation made by the Lieutenant Governor in Council under the provisions of this Act; shall be guilty of an offence and shall, in addition to any other liability, be liable on summary conviction, if a corporation to a fine of not less than $100 nor more than $500, and if a natural person to a fine of not less than $50 nor more than $250 and in default of payment to imprisonment for a term of not more than three months. (2) A person who violates section 4 shall be guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100 and in default of payment to imprisonment for a term of not more than three months. (3) The minister may cancel a certificate of registration issued under this Act when the holder of the certificate has been convicted of an infraction of any of the provisions of this Act or the regulations thereunder, and upon such cancellation the registration and the certificate thereof shall be null and void. 1939, c.92, s.10; R.S.S. 1940, c.268, s.10. Court proceedings 11 A person who is not registered as the keeper or operator of a trade school as required by this Act shall not be capable of maintaining any action or other proceeding in any court in Saskatchewan in respect of a contract made in whole or in part within Saskatchewan, or against any person domiciled in Saskatchewan, in the course of or in connection with business carried on by a trade school. 1939, c.92, s.11; R.S.S. 1940, c.268, s.11.

6 6 c. 268 TRADE SCHOOLS Regulations 12 The Lieutenant Governor in Council may from time to time make regulations: (a) prescribing the security to be provided by the keeper or operator of a trade school for the due performance of his contracts; (b) prescribing the accommodation and equipment necessary for trade schools and the means of instruction to be used; (c) prescribing the minimum number of hours of instruction in a trade which shall constitute a course of instruction in that trade; (d) prescribing the maximum and minimum fees which shall be paid for a course of instruction in a trade; (e) prescribing the terms and conditions upon which money paid for or on account of instruction in a trade school shall be either retained by the payee or be repayable to the payer; (f) prescribing the terms and conditions upon which an agent of a trade school may be registered; (g) prohibiting the use within the province of advertising relating to a trade school which may tend to mislead, and requiring the discontinuance of any advertisement or means of advertisement by the keeper or operator of a trade school; (h) regulating the selling or offering for sale of any course of instruction offered by a trade school; (i) designating any calling or vocation as a trade within the meaning of this Act; (j) prescribing the fees payable on applications for registration or renewal of registration; (k) governing examinations of students of trade schools for certificates of competency; the persons who shall sit as examiners and the issue of certificates of competency; (l) providing for the making of annual returns and the furnishing of information to the minister by keepers and operators of trade schools; (m) prescribing the amount which may be asked, charged or received from the public for any article produced entirely or in part in a trade school, or for the material used by or for the services of any employee or student in a trade school; (n) limiting the number or extent of articles which may be produced or the extent to which services may be rendered in a trade school so that it may not compete unfairly with the production or provision of similar articles or services in any factory or shop; (o) fixing the times during which the public may obtain services in a trade school; (p) generally as to the conduct, operation and management of trade schools or any of them. 1939, c.92, s.12; R.S.S. 1940, c.268, s.12.

7 TRADE SCHOOLS c Scope of Act 13(1) The provisions of this Act and the regulations shall be in addition to and shall not derogate from the provisions of any other Act of the Legislature, and no examination held or certificate or other document granted pursuant to this Act or the regulations shall be deemed to be a compliance with the provisions of any other Act respecting examinations to be held or certificates or documents to be granted thereunder. (2) Subject to the provisions of subsection (1), if any conflict arises between the provisions of this Act and the regulations and the provisions of any other Act of the Legislature, the provisions of this Act and the regulations shall govern. 1939, c.92, s.13; R.S.S. 1940, c.268, s.13. Appointment of officials 14 For the purpose of carrying out the provisions of this Act the Public Service Commission may appoint such officials as are considered necessary or expedient. 1939, c.92, s.14; R.S.S. 1940, c.268, s.14.

8 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER

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