I'm Anu Garuna.

PCC Compliance Monitoring

The modernization of regulatory frameworks - as it relates to statistical trendlines and recidivism rates - illustrates the importance of compliance monitoring through educational efforts first and punitive sanctions last, with relevance to correcting habitual behaviour and process'. In a 2021 audit, it was established that the "Ministry inspectors and investigators cannot easily verify that instructors in the private career colleges providing commercial truck driving programs meet the standard of having a Class A licence for at least five years, partly due to a lack of clarity on the type of documents each college should have available to meet Ministry of Transportation (MTO) standards. This poses a risk that the private career colleges may be employing unqualified instructors who do not meet MTO standards" (Source: Office of the Auditor General of Ontario. (2021, December). Value-for-Money Audit: Private Career Colleges Oversight).

In modern day compliance monitoring, we assist to bridge the gaps between knowledge, accountability, and corrective measures during the full life-cycle of examinations. As a trucker with winter driving experience from northern Ontario to the rockies of British Colombia, I know far to well the importance of understanding commercial vehicle operations in conditions where skillsets are stress-tested and consequences of human error are unforgiving. In a trucker's career, quality of life and livelihood are a direct result of PCC standards as it relates to the Ontario Ministry of Transportation’s Mandatory Entry Level Training (MELT) mandate.

If you are in violation of S. 49 (2) Private Career Colleges Act, 2005 (“Act”) and are being subjected to a Compliance Order, you can ask for consideration to be aided by a third-party Compliance Monitor to help you get back onto the right lane.



k+

North-American Trucking Mileage

0 Yrs+

Investigative Experience



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Education

2020
University of Toronto, Criminology & Socio-legal Studies
Honours B.A.
2020 University of Toronto, Criminology & Socio-legal Studies Honours B.A.
2020
Ceritified Fraud Examiner (CFE)
Association of Certified Fraud Examiners
2020 Ceritified Fraud Examiner (CFE) Association of Certified Fraud Examiners
2015
(ACZ) Commercial Truck License
Province of Ontario
2015 (ACZ) Commercial Truck License Province of Ontario
2013
Sheridan College, Investigations & Intelligence
Honours Diploma
2013 Sheridan College, Investigations & Intelligence Honours Diploma

Services

Exhibits

- The period of time covered by the report;

- The nature and scope of all inquiries and examinations that resulted in the findings;

- A statement as to whether or not the PCC and its owners, directors, operators, managers, employees, instructors and students cooperated with the Compliance Monitor’s inquiries and examinations, including any details of non-cooperation;

- Findings relating to subject matters of the report; and

- Copies of any documents, photographs or other things that tend to support or explain findings; (Source: Ministry of Training, Colleges AND Universities. (2010, June 8). Fact Sheet #8 - Compliance Monitors.
).

Reporting


On-going Support

It is paramount we take into consideration the cultural and language barriers which may inadvertently lead to acts of non-compliance or bad faith amongst stakeholders.

As part of our mission statement - Garuna Inc., as it relates to monitoring compliance, is committed to liase with the Ministry and Private Career College(s) to address any communication failure through cultural lines and to allow for a safer Ontario.

Garuna Inc., as it relates to reporting, will work to ensure that the PCC's whom have slipped offtrack, will be strategically aided back onto the right track.

FAQ

The Act gives the Superintendent and his/her delegates (i.e., analysts/inspectors) the powers to enter and inspect a registered private career college’s premises to ensure it is complying with the conditions of its registration and the requirements of the Act and its regulations. As of June 2021, the Ministry had eight analysts/inspectors (thereafter, inspectors), which has remained unchanged since before the onset of the pandemic in early 2020 (Source: Office of the Auditor General of Ontario. (2021, December). Value-for-Money Audit: Private Career Colleges Oversight).

When the Superintendent has grounds for concern about a registered private career college’s (PCC) capacity or willingness to operate in compliance with the Private Career Colleges Act, 2005 (“PCCA, 2005”) and regulations, there are a range of options available in the PCCA, 2005 to address these concerns. One option open to the Superintendent is to add a condition to the PCC’s registration. One such condition that has been used in some cases is requiring that a Compliance Monitor be paid for by the PCC to oversee and report to the Superintendent on the PCC’s operations with a view to assessing the PCC’s compliance in particular areas. The wording of such a registration condition will vary according to the circumstances of the situation and will be assessed on a case by case basis. In general, however, where a Compliance Monitor is required as a condition of registration the PCC must retain a Compliance Monitor that is approved by the Superintendent.

Pursuant to section 15 of the PCCA, 2005, a registration or renewal of a registration may be made subject to conditions specified by the Superintendent or prescribed by regulation. In addition, the Superintendent may at any time, at the written request of the registrant or on his or her own initiative, add a condition to a registration or change or remove a condition of a registration that he or she had previously specified (Source: Ministry of Training, Colleges AND Universities. (2010, June 8). Fact Sheet #8 - Compliance Monitors.).

It is important to note that the Compliance Monitor has no authority (emphasis added) to make decisions regarding a PCC’s operation. The monitor may only report findings to the Superintendent as result of inquiries and examinations (Source: Ministry of Training, Colleges AND Universities. (2010, June 8). Fact Sheet #8 - Compliance Monitors.).

Where a Compliance Monitor is required as a condition of registration the PCC will be given an appropriate period of time to select a Compliance Monitor for consideration by the Superintendent. The PCC should submit sufficient information to the Superintendent to allow the proposed Compliance Monitor’s qualifications to be assessed. Once approved, the Compliance Monitor will be paid by the PCC to work on either a full or part time basis, and will report directly to the Superintendent according to terms set out in the registration condition (Source: Ministry of Training, Colleges AND Universities. (2010, June 8). Fact Sheet #8 - Compliance Monitors.).

Any person seeking the Superintendent’s approval to act as a Compliance Monitor must meet all of the following qualifications:

A. EXPERIENCE IN REGULATORY COMPLIANCE ✔️

A Compliance Monitor must have a minimum of three years of recent full time work experience in a field or profession in which over 80% of the work was directly related to enforcement, investigations, inspections, auditing or other direct regulatory compliance functions.

B. KNOWLEDGE OF THE PCCA, 2005 AND THE PCC SECTOR ✔️

A Compliance Monitor must demonstrate either existing, adequate knowledge and understanding of the PCC sector and the PCCA, 2005, or an ability to easily and effectively acquire same.

C. ACCEPTABLE COMPLIANCE HISTORY ✔️

A Compliance Monitor must not have any prior history of serious non-compliance with the PCCA, 2005 or regulations. Examples of serious non-compliance would include being a manager, owner or director of an organization that was issued one or more Notices of Contravention or Orders under the PCCA, 2005 for items 1.1 through 1.12 listed in Table 1 of O. Reg. 415/06, or that was refused registration or proposed for revocation or suspension of its registration.

D. NO CONFLICT OF INTEREST ✔️

A Compliance Monitor must have an “arm’s length” relationship with the PCC, as defined by the Canada Revenue Agency. In addition, a Compliance Monitor may not have any actual or perceived conflict of interest with the PCC for which he/she seeks to act as a Compliance Monitor.

E. ACCEPTABLE TO THE SUPERINTENDENT ✔️

Any person seeking to act as a Compliance Monitor must also be acceptable to the Superintendent. To be acceptable to the Superintendent, the Compliance Monitor must be able to demonstrate to the Superintendent that, having due regard to the specific concerns giving rise to the need for a Compliance Monitor in the specific case in question, the Compliance Monitor has the necessary knowledge, skills and abilities to complete the required work to the satisfaction of the Superintendent within the time frames specified in the condition added to the PCC’s registration (Source: Ministry of Training, Colleges AND Universities. (2010, June 8). Fact Sheet #8 - Compliance Monitors.).

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contact@garunatruck.com

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