June 30, 2023

Particulars of Notice of Contravention

These particulars are posted following the issuance of an administrative penalty by the Superintendent of Private Career Colleges pursuant to s. 39 (1) of the Act 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 On review, an administrative penalty may be upheld, rescinded or reduced.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 3, 2022

Sean Gibson, Sole proprietor
o/a The Barber Centre, “La Barberia” or “Barberia”
447 King Street East
Hamilton, Ontario L8N 1C5

Description

Private Career Colleges Act, 2005, s. 8 (1) Prohibition against providing vocational programs:

The Superintendent believes that Mr. Gibson offers and has provided an unapproved vocational program.

Mr. Gibson offers the provision of a “Barber Training” program that is within the meaning of vocational program for the purposes of the Act. The offering or providing of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 8 (1) of the Act.

Base penalty of $1,000, tripled per s. 51 (2) of O. Reg. 415/06.

Original amount

$3,000
per successive day

Description

Private Career Colleges Act, 2005, s. 11 (2) Restrictions on advertising and soliciting:

The Superintendent believes that Mr. Gibson advertises the provision of an unapproved vocational program.

Mr. Gibson advertises the provision of a “Barber Training” program through several Instagram accounts and a website operated for The Barber Centre, his sole proprietorship. The advertising of a vocational program while not registered and the program not approved by the Superintendent is a contravention of section 11 (2) of the Act.

Base penalty of $1,000, tripled per s. 51 (2) of O. Reg. 415/06.

Original amount

$3,000
per successive day

Description

Private Career Colleges Act, 2005, s. 46 (1) Superintendent’s Orders:

The Superintendent believes that Mr. Gibson has failed to comply with an order of the Superintendent.

On October 15, 2019, the Superintendent ordered Mr. Gibson to restrain from contravening the Private Career Colleges Act, 2005 sections 8 (1) and 11 (2). As noted above, Mr. Gibson has contravened sections 8 (1) and 11 (2) of the Act, thereby failing to comply with the Superintendent’s Order of October 15, 2019.

Base penalty of $1,000, doubled per s. 51 (2) of O. Reg. 415/06.

Original amount

$2,000
per successive day

Total

$8,000
per day

Daily Penalty before review requested

Subsection 51 (3) of Ontario Regulation 415/06 provides that if one or more of the above noted contraventions continues for two or more successive days, the administrative monetary penalty provided in the table above for that contravention will accumulate daily until compliance with the Act and its Regulations is reported. After 9 days of accrual a review of the penalty was requested.

Amount of penalty at time of review request:
9 days × $8,000 per day = $72,000 total penalty

Review Decision

The balance of evidence indicates that, despite extensive education and progressive compliance measures employed by the office of the Superintendent, Mr. Gibson:

  1. Offered or provided a Barber program for a fee without being registered under the Act or having the provision of the vocational program approved by the Superintendent, thus contravening s. 8 (1) of the Act
  2. Advertised the provision of a Barber program without being registered under the Act or having the provision of the vocational program approved by the Superintendent, thus contravening s. 11 (2) of the Act; and
  3. Failed to comply with an order of the Superintendent that was issued to you on October 15, 2019, thus contravening s. 46 (1) of the Act.

$72,000 upheld