Advertising rules for career colleges
Learn how registered career colleges must advertise their businesses and programs.
Overview
Career colleges and vocational programs are overseen by the Superintendent of Career Colleges.
Part V of Ontario Regulation 415/06 of the Ontario Career Colleges Act, 2005, outlines the advertising requirements that every career college must follow unless they are exempt from registration.
Career colleges must not advertise until they have met the following conditions:
- be registered under the Ontario Career Colleges Act, 2005
- have the vocational programs approved by the superintendent
Learn about exemptions from registration.
Definition of advertisement
An advertisement (ad) is any communication aimed at prospective students that promotes a career college or its programs. An ad can be in any language, written or oral, and distributed or transmitted by any means including by publication, radio, television, or the internet.
This includes any promotional items that may be viewed by prospective students such as:
- course catalogues
- publications that contain policies or disclosures
- marketing materials
- career college website and its social media channel(s)
- content/posts on others’ websites and social media sites
- mailings such as bulletins, brochures, or flyers
- classified ads (including internet classified sites)
- news releases
- posters
- signs
- electronic notices
- business cards
- stationery
- kiosks or other displays
Social media
Content subject to the requirements of the Act
Advertising material developed and controlled by a registered career college posted to social media pages to promote the institution and its programs is considered advertising.
Content not subject to the requirements of the Act
Social media content that does not intend to advertise vocational programs or the career college. For example, posting photos of a student social event, notices regarding hours of operation or staff recruitment.
Operating name
A career college or program ad must contain the business name (also known as the “operating name”) that is registered under the Business Names Act with the Ministry of Public and Business Service Delivery and Procurement. If a career college does not have a registered business name, it must use its legal or corporate name in the ad.
Use of the term “college” or “institute”
Career colleges must apply for approval from the Minister of Colleges and Universities before registering the names “college” or “institute” with the Ministry of Public and Business Service Delivery.
To apply for approval:
- log in to the Program Approval and Registration Information System (PARIS) website
- find and complete a Business Name Approval form on the PARIS website
If you do not have a PARIS log in, contact pcc@ontario.ca.
Consumer Protection Act
All advertising must also meet the requirements of the Consumer Protection Act, 2002.
The Consumer Protection Act bans companies from engaging in an unfair practice, which is defined as a false, misleading or deceptive representation. See Section 14 for a list of examples.
Career colleges should also ensure that their advertising does not breach any other applicable legislation (such as the federal Competition Act or Trademarks Act).
Advertising outside Ontario
Any ad that promotes a career college operating in Ontario to an audience outside of Ontario must follow the advertising requirements of the Ontario Career Colleges Act, 2005.
Developing ad content
Information in ads, such as details of the facilities, instructors and career college history must be factual.
Languages other than English or French
The ad must clearly state the language of instruction used to deliver the program if the program will not be taught in English or French.
If an ad will be published or broadcast in a language other than English or French, career colleges must obtain a translation of the text that an official translator has prepared. An official translator is a person whose primary employment is translation or who has trained as a translator.
Statistics
Statistics used in ads, must be based on verifiable sources of information.
This includes statistics such as:
- job opportunities
- salary levels
- graduation rates
- other key performance indicators (KPIs)
Note: Every career college must publish KPI data on its website. This includes Ontario Student Assistance Program (OSAP) default rates if the program is OSAP approved.
Read about the policy directive on key performance indicators.
Required use of the word “registered” or “approved”
A career college cannot advertise the business until it is registered under the Ontario Career Colleges Act, 2005and its program is approved by the superintendent.
When a career college is registered and its program is approved under the Act, the following rules apply:
- If an ad refers to a career college’s registration status under the Act, it must use the following wording: “Registered as a career college under the Ontario Career Colleges Act, 2005.”
- If an ad refers to the approval of a vocational program by the superintendent, it must use the following wording: “Approved as a vocational program under the Ontario Career Colleges Act, 2005.”
- If an ad promotes both vocational and non-vocational programs, it must clearly identify the non-vocational programs by using the following wording: “This program does not require approval under the Ontario Career Colleges Act, 2005.”
- If an ad promotes only non-vocational programs, it must use the following wording:“This program does not require approval under the Ontario Career Colleges Act, 2005.”
Read the definitions of vocational and non-vocational programs.
Ontario trademarks
Career colleges cannot use these trademarks or any imitations in their ads or logos:
- the Ontario logo (stylised trillium)
- any other official identifiers of the Government of Ontario
- These are protected under the federal Trademarks Act.
Testimonial or endorsement
A testimonial, endorsement or representation of opinion must provide current factual information about the career college, the program, statistics or job opportunities.
Every person providing a testimonial or endorsement must consent to its use.
The record of consent must:
- be kept and stored at the career college
- be signed and dated
- identify the intended uses for the testimonial (for example, printed material, website statement, poster)
Reviews on other websites
A career college can include or post links to sources for online reviews.
If a career college wants to reproduce a review found online for the career college’s use they must contact the author or reviewer to:
- confirm the reviewer’s identity
- confirm the review’s authenticity
- get permission to reproduce the review
Status recognition from external organizations
If an ad refers to recognition from an external organization such as:
- a regulatory body or professional association
- the eligibility of graduates to write a professional or entry-to-practice exam
- recognition by a government body for a specific purpose, including foreign governments
- credit recognition from another institution
The ad must clearly identify the:
- name of the organization
- specific program or campus location that received the recognition
The career college must retain documents that support the recognition status.
Misleading statements and images
An ad, including social media content, that the career college creates or links to must:
- contain all pertinent details of an advertised offer clearly and understandably
- present important details in a way that is clearly visible and/or audible
An ad must not:
- omit relevant information in a manner that is deceptive
- include any graphics, images or videos that may misrepresent the career college or program
- contradict more prominent aspects of the message with disclaimers or footnotes
Examples of misleading advertising
Disguised advertising techniques
Presenting ads in a format that conceals the intent to sell a program or career college. For example, representing an ad for a program as a job advertisement.
Bait and switch
Promoting a program that is not available to entice students to enrol in another program.
Inappropriate comparative advertising
Unfairly discrediting, disparaging or attacking other programs or career colleges for competitive advantage.
A career college can list its key performance indicators (KPIs), published by the Ministry of Colleges and Universities, alongside other career colleges’ KPIs in an ad.
Superstitions and fears
Exploiting superstitions or playing upon fears to mislead the consumer. For example, telling students they will not find a job if they do not enrol in a program.
Price claims
Career colleges must not advertise:
- fees that are higher than those published on ServiceOntario
- discounts, bursaries or scholarships that are not real and verifiable
Career colleges can inform students of upcoming fee increases, but only approved fees can be included in the contract signed by the student.
Guarantee
Advertising in any form must not imply or offer:
- admission to or graduation from a program
- employment after successfully completing a program
- credit towards a credential from a public college or university
- the right for a student to enter Canada or receive a visa under the Immigration and Refugee Protection Act
Refunds for misrepresentation
A student is entitled to void the contract and seek a refund under Section 18 of Ontario Regulation 415/06 if a career college, or any of its representatives, used misleading statements, images, or videos to influence them to enrol.
The superintendent can review any dispute between a career college and a student about the validity of the request for a refund.
Recordkeeping
A career college must keep a record of ads, including those posted on social media:
- on site at each campus
- for one year from the date of the last publication or broadcast
The record can be kept in hard copy or electronic format.
Request for alternative location for records
The career college may request approval from the superintendent to keep the advertising record at its head office in Ontario or at a location where the career college’s agent, manager or administrator works.
Record contents
The record must include the following for each ad:
- the text of the ad, written or oral
- a copy of the image or video in a viewable format
- the period when the ad was published or broadcast
Supporting documentation (for example, a signed statement) is required to validate the information if any of the following are used in an ad:
- a testimonial or endorsement of the career college or program
- recognition of the career college or program by:
- a regulatory body, or government body
- an examination body or professional association
- another postsecondary institution
- statistics about the career college or program
- scholarships, bursaries and any other financial assistance provided by the career college
Languages other than English or French
If the ad is in a language other than English or French, the record must include the following:
- a translation of the text
- information about the translation company or the qualifications of the translator
Enforcement of advertising requirements
A new career college registration application must:
- include a copy of all ads proposed to promote the business and programs
- include any ads intended for markets outside of Ontario
- follow the requirements outlined above as found in Ontario Regulation 415/06
During routine ministry inspections and annual renewals of registration, registered career colleges must:
- confirm compliance with the advertising requirements
- make advertising records available for ministry staff to review (in hard copy or electronic format)
Non-compliance
A career college must immediately stop the publication or broadcast of an ad if the ministry finds it to be non-compliant with the advertising requirements. The superintendent may have additional requirements, such as publishing a correction or requiring pre-approval of ads in the future.
Failure to comply may also result in financial penalties, revocation or suspension of registration or refusal to renew a registration.