Part 8 — General
254 Enforcement by Court
provides a course, a program of study or a learning and teaching
resource that is prohibited under section 18, the Minister may apply
to the Court of King's Bench for an order directing the board, or
the employee, as the case may be, to desist from offering or
providing that course, program of study or learning and teaching
resource.
(2) Where under this Act or the regulations
(a) the Minister or a board is empowered to make an order or a
direction to a person
(i) to do an act or thing, or
(ii) to cease doing an act or thing,
and that person does not comply with that order or direction,
or
(b) the approval of the Minister or a board is required in order
for a person to carry on an activity or do a thing and that
person carries on that activity or does the thing without
obtaining or after the withdrawal of that approval,
the Minister or the board that exercised that power or did not grant
or withdrew that approval may apply to the Court of King's Bench
for either or both of the orders referred to in subsection (3).
(3) Where subsection (2) applies, the Court may make either or
both of the following orders:
(a) an order directing the person to whom the order or directi on
referred to in subsection (2)(a) was given to comply with the
order or direction;
(b) an order directing the person that carried on the activity or
thing referred to in subsection (2)(b) without the required
approval to desist from carrying on the activity or thing.
(4) The Court may grant an order under this section
(a) on the terms or conditions t hat the Court considers proper in
the circumstances, and
(b) notwithstanding that the respondent to the application has or
has not been prosecuted under this Act in respect of the
matter that is the subject of the application.
2012 cE-0.3 s254;AR 217/2022