12.1. The Minister may refuse to issue a permit if the applicant, one of the applicant’s directors or shareholders or an officer of the institution has a judicial record relevant to the abilities and conduct required to operate an educational institution.
The Minister may establish a committee of experts to advise the Minister on how to assess the relevance of a judicial record to the abilities and conduct required to operate an educational institution. The committee is made up of persons appointed by the Minister who have relevant interest, expertise or experience.
For the purposes of this section,
(1) “shareholder” means a natural person who, directly or indirectly, holds voting shares of a legal person not listed on a stock exchange; and
(2) “judicial record” means
(a) a conviction for a criminal or penal offence committed in Canada or elsewhere, unless a pardon has been obtained for that offence;
(b) a charge still pending for a criminal or penal offence committed in Canada or elsewhere; and
(c) a court order subsisting against a person in Canada or elsewhere.