The NSRBA Council has been hard at work over the last few months and with the help of the NBRBA has put together a draft bill for what we hope to be our new Registered Barbers’ Act.
The NSRBA will be calling a special meeting to present the Act to the members and vote on it. We will be notifying all members by mail once the date and location is determined. The details will also be posted on this website.
The NSRBA intends to present this draft bill to the Nova Scotia Legislative Assembly
Below is the Draft Bill in its entirety
AN ACT TO INCORPORATE THE
NOVA SCOTIA REGISTERED BARBERS’ ASSOCIATION
1 This Act may be cited as the “Registered Barbers’ Act”.
2 The following definitions apply in this Act.
- (a) “apprentice” means a junior barber who has not obtained full license but has completed acourse of study and requires supervision. (apprenti)
- (b) “Association” means The Nova Scotia Registered Barbers’ Association. (association)
- (c) “barber” means a person who carries on business for remuneration in a barber shop as defined in section 22. (barbier)
- (d) “barber pole” means a sign that is mechanical or not which is composed of a vertical cylinder or pole, with alternating stripes of any combination including red and white and blue, which run diagonally along the cylinder or pole, or any likeness thereof. (poteau de barbier)
- (e) “Board” means the Board of Barber Examiners as appointed under section 17. (bureau)
- (f) “certificate of qualification” means a certificate issued by the Board to indicate thesuccessful completion of a specific category of barbering. (certificat de compétence)
- (g) “certificate of registration” means a certificate issued by the Association to permit amember to carry on the trade or practice of a barber. (certificat d’immatriculation)
- (h) “Council” means the board of directors. (Conseil)
- (i) “inspector” means a person authorized and appointed pursuant to the by-laws. (inspecteur)
- (j) “master barber” means a barber who has obtained the knowledge required to instruct or otherwise give advice and knowledge to all other category of barbers. (maître barbier)
- (k) “member” means a person or company holding registration under this Act. (membre)
- (l) “registered barber” means a barber who has completed a term of apprenticeship and granted full rights to practice without supervision. (barbier immatriculé)
- (i) a college as defined in the Community Colleges Act, or
- (ii) a private career college as defined in the Private
Career Colleges Regulation Act that is operated by a person who holds a valid certificate of registration issued pursuant to that Act,
where students receive occupational training in the practice of barbering;
(n) “student” means a person enrolled in an authorized school or indentured in a registered
barber shop. (étudiant)
3 The head office of the Association shall be at a place as determined by the by-laws.
4 The Nova Scotia Registered Barbers’ Association, incorporated by An Act to Incorporate the Nova Scotia Registered Barbers’ Association, chapter 390 Revised Statutes of Nova Scotia 1989, which Act was amended by chapter 4 Revised Statutes of Nova Scotia 2004, is hereby continued as a body corporate and politic without share capital under the name “The Nova Scotia Registered Barbers’ Association” and subject to the Act, has the capacity, rights, powers and privileges of a natural person.
5 The goals or objectives of the Association are
(a) to protect the public by establishing, maintaining and enforcing a standard of professional ethics and competence among the membership of the Association;
(b) to promote and contribute to the study and practice of barbering in Nova Scotia;
(c) to establish beneficial relationships with other groups or associations that have similar interests;
(d) to govern the membership of the Association in accordance with this Act and the by-laws, in order to serve and protect the public interest; and
(e) to establish, maintain, develop and enforce standards of qualification for the practice of barbers, including the required knowledge, skill, efficiency, proficiency and accountability.
6(1) The Association may
(a) acquire, hold, dispose of or otherwise deal with real and personal property for its purposes,
(b) enact such by-laws as may appear useful or necessary and in particular, but not limited to the generality of the aforegoing, regulate by by-law
(i) the powers, duties and qualifications of the officers or employees of the Association;
(ii) the qualifications of members entitled to vote at meetings of the Association, or to hold office therein;
(iii) the admission to membership of persons approved by the Board, the maintenance of a register of persons so admitted and authorized to practice as barbers under this Act, and the renewal of such registration;
(iv) the fees payable by any person upon being admitted as a member of the Association, renewal fees, examination fees and fees for the registration as a student barber and apprentice barber;
(v)the registration and qualification of schools for the instruction of the barber occupation as determined by the Board and the fee for such registration and annual renewals;
- (vi) the inspection of barber shops and schools;
- (vii) the investigation of any complaints that a member has displayed such
incompetence in his or her practice as to render it desirable in the public interest that his or her registration should be cancelled or suspended;
(viii) the conduct for hearings and production of evidence for the Board to suspend or cancel a registration;
(ix)the fees payable to members of the Council or committees as established for mileage and expenses as authorized; and
(x) any other matter that the Council of the Association may from time to time consider a requirement for a by-law to exist.
6(2) All by-laws shall be made at an annual meeting or a special general meeting specifically called for such by-laws.
6(3) The Association shall not make any by-law or regulation dealing with the opening and closing hours of any barber shop or school or the fees charged for services at any barber shop or school registered by virtue of this Act.
PUBLIC ACCESS TO BY-LAWS AND RULES
7 All the by-laws and rules of the Association or the Council or Board shall be available for inspection by any person at the head office of the Association at all reasonable times during business hours, free of charge.
COUNCIL OF THE ASSOCIATION
8(1) There shall be a Council of the Association comprised of seven members, who shall be Canadian citizens, and who shall have resided and carried on or been employed in the trade or practice of a barber in the Province of Nova Scotia for at least five years.
8(2) The Council of the Association shall consist of the President, Vice President, Registrar, Secretary-Treasurer and three directors.
8(3) The executive members of the Association shall consist of the President, Vice President, Registrar, and Secretary-Treasurer.
8(4) The President, Vice President, Registrar, Secretary-Treasurer and three directors shall be elected by the Association, in the manner provided by the by-laws of the Association, at the annual meeting and shall hold office for one year and shall be eligible for re-election for further periods of one year each.
8(5) If a vacancy occurs in the Council it may be filled by unanimous vote of the remaining members of the Council.
8(6) The Secretary-Treasurer shall before taking office furnish a bond with such sureties as may be approved by the Council conditioned upon the faithful performance of their duties and the premium of such bond shall be paid out of the funds of the Association.
9(1) The President may call a meeting of the Council at such time and place as he or she may determine and shall call a meeting of the Council when requested to do so by a majority of the members of the Council.
9(2) Any four members of the Council shall form a quorum.
10(1) The Council of the Association shall have the power to make regulations not inconsistent with this Act concerning the following matters:
(a) the holding and conduct of examinations of candidates for registration as apprentices and barbers under this Act;
(b) the prescribing of subjects upon which candidates for registration as apprentices and barbers shall be examined, and any further qualifications of any such candidates;
(c) the prescribing of the matters in which registered students shall be instructed, the manner of such instruction and the duties to be performed by registered students while engaged as such;
(d) the conditions in which schools shall be registered and the minimum standards that each school shall be required to maintain;
(e) the display of a barber pole.
(f) any other matter that the Council of the Association may from time to time consider a requirement for a regulation to exist.
10(2) The Council shall have the power to appoint special committees for the purpose of carrying out its objectives, and such committees may be appointed for a specific period of time or may be made standing committees to sit at the pleasure of the Council.
10(3) The Council of the Association may exempt any member from the payment of fees, or the payment of annual fees, and the Council may make a regulation by resolution to this effect.
10(4) The Council of the Association may suspend any one or combination of fees for any period as it deems fit by making a regulation by resolution to that effect, with any conditions it may wish to impose.
11(1) The Registrar shall keep a register, provided by the Council, in accordance with the provisions of this Act and the by-laws of the Association, and the Registrar shall enter in the register the names, addresses, registration numbers, qualifications and any other information that the Council may determine necessary of all members of the Association.
11(2) The register shall be subject to public inspection to the extent of confirming the validity of a member’s registration and information of a personal nature, including but not limited to a member’s address, date of birth or social insurance number, shall not be made public record.
11(3) Any member whose name has been removed from the register shall thereafter not be entitled to any rights or privileges conferred by the provisions of this Act unless and until he or she has been re-admitted as a member of the Association and his or her name again entered upon the said register.
11(4) The Council by by-law may determine reasons that a member may be removed from the register, and the conditions for re-admission, and such by-laws shall not be inconsistent with any provision of this Act.
11(5) In all cases where proof of registration under this Act is required to be made, and the name of a person does not appear in a copy of the register, a certified copy under the hand of the Secretary-Treasurer of the entry of the name of such person on the register shall be prima facie evidence that such person is registered under the provisions of this Act.
11(6) The absence of the name of any person from a copy of the register certified in accordance with subsection (5) shall be prima facie evidence that such person is not registered according to the provisions of this Act.
CERTIFICATE OF REGISTRATION
12(1) The Registrar shall issue a certificate of registration on behalf of the Association to each member of the Association, and such certificate shall bear the seal of the Association and be signed by hand or electronically by the President or Vice President and the Registrar.
12(2) A certificate of registration issued by the Association that bears the seal of the Association and the signatures either by hand or electronically of the President or Vice President and the Registrar shall be prima facie evidence of registration under the provisions of this Act.
12(3) Each person who was, immediately before the coming into force of this Act, the holder of a valid certificate of registration issued by the Association shall be issued a certificate of registration under this Act.
12(4) Each person who at the time of the coming into force of this Act is performing the services of a barber but not registered as such in the Province of Nova Scotia and can show proof of experience of not less than five years shall be issued a certificate of registration upon payment of the prescribed fee.
12(5) Any person who is refused a certificate of registration after providing proof as required in subsection (4) shall have the right to appeal to a Judge of The Supreme Court of Nova Scotia whose decision shall be final.
12(6) Any person who is licensed or registered in another jurisdiction and becomes a resident of Nova Scotia after this Act comes into force shall be eligible for a certificate of registration under this Act without examination, provided that
(a) the person has received training as a barber in a school or barber shop and has obtained a minimum of 1500 hours of instruction;
(b) the person has a certificate from the former jurisdiction in certified form that is printed in the english or french Language, or other language with a certified translation to english or french;
(c) the person otherwise complies with the Act and by-laws; and (d) the person pays the fees as prescribed by the by-laws.
13(1) A certificate of registration issued by the Association is valid for two years from the date of issue and shall be renewed by the Registrar upon application and payment of the prescribed fees.
13(2) A certificate of registration that is not renewed after 30 days shall be subject to removal from the register, until such time as payment of the annual fee has been remitted.
13(3) A certificate of registration issued pursuant to this Act shall be posted in a conspicuous location near the work station of the member to whom it is issued, and any renewal shall be attached to the original certificate to indicate to the public that the certificate is valid.
13(4) A member whose certificate of registration has been suspended or revoked shall immediately return his or her certificate of registration to the Registrar.
BARBER SHOPS AND INSPECTIONS
14(1) All persons who operate a premise or establishment where barbering services are offered shall hold a valid barber shop registration which shall be subject to annual renewals and conditions as prescribed by the by-laws.
14(2) Barber shop registrations are valid for one year and subject to annual renewal fees as prescribed by the by-laws of the Association.
14(3) For the purpose of ensuring compliance with this Act or the by-laws, an inspector, or the Registrar acting as an inspector, may at any reasonable time and upon producing proof of appointment,
- (a) enter any building or real property in the area for which he or she has the responsibility of conducting inspections,
- (b) require to be produced for inspection or for the purpose of obtaining copies or extracts, any documents or objects relevant to the inspection,
- (c) conduct tests, make inquiries and take samples, measurements, photographs or video recordings that the inspector considers necessary,
- (d) perform any other duty or power prescribed by a by-law or regulation.
14(4) An inspector, where a copy can be made, shall return a document removed under subsection (3)(b) as soon as possible after the copy has been made.
14(5) A copy of a document certified by an inspector to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document itself.
14(6) An inspector, shall upon completion of an investigation, report in writing to the Registrar who shall forthwith provide a copy of the report to the member.
14(7) No person shall obstruct, or cause to be obstructed, an inspector while the inspector is performing duties under this Act.
14(8) A inspector may request the assistance of a peace officer for the purpose of this section.
MEMBERSHIP AND DESIGNATION
15(1) All practicing barbers in the Province of Nova Scotia are required to be members of the Association, and shall be issued a certificate of registration upon payment of the fees prescribed by the by-laws of the Association.
15(2) Each person who shall comply with the provisions of this Act and the by-laws of the Association and be approved by the Board may become a member of the Association.
15(3) Every member of the Association shall be entitled to take and use the title “registered barber” or “master barber” or any abbreviation thereof as the individual case may be to the member, and no person who is not a member of the Association shall take or use the titles contained herein to represent such non member as being a registered barber.
ANNUAL AND SPECIAL GENERAL MEETINGS
16(1) There shall be an annual meeting of the Association at such time and place as fixed in accordance with the by-laws.
16(2) A special general meeting of the Association shall be held at such time and place as the Council may determine.
16(3) A special general meeting of the Association shall be held within 30 days after any request to do so, made in writing to the Council and signed by not less than 20% of the members of the Association, is lodged with the Secretary-Treasurer.
16(4.1) The Secretary-Treasurer shall give notice of the annual meeting to each member of the Association by whatever means is approved by Council at least twenty-one days before the meeting is to be held.
16(4.2) The Secretary-Treasurer shall give notice of any special general meeting to each member of the Association by whatever means is approved by Council at least twenty-one days before the meeting is to be held stating the business to be considered at the meeting.
16(4.3) The accidental omission to give notice of the annual meeting or special general meeting to any member or the non-receipt of the notice by any member does not invalidate anything done at the meeting.
16(5) The members present at the annual meeting or any special general meetings shall form a quorum of the Association.
BOARD OF BARBER EXAMINERS
17(1) There shall be a Board of Barber Examiners, appointed by the Council of the Association, consisting of such numbers as may be determined by by-law, who shall be master barbers, to examine such persons as from time to time shall apply to be examined and registered as apprentices, barbers and master barbers under this Act.
17(2) The term of office for the Board shall be two year appointments, and each examiner shall be permitted to one additional two year appointment, after which such examiner shall not be eligible for re-appointment until he or she has at least one full term off the Board.
17(3) All appointments to the Board shall be made at the annual meeting, on odd numbered years, and all appointments expire at the same time.
17(4) If a vacancy occurs on the Board it shall be filled by the Council without delay, upon a unanimous resolution of a nominee, and the person so appointed shall have his or her appointment expire at the same time as the person who he or she has replaced.
17(5) The fees or remuneration payable to any examiner shall be paid from the funds of the Association in accordance with the regulation established by the Council of the Association.
18(1) The Board shall appoint amongst itself a chief examiner who shall serve as its chairman. 18(2) The chief examiner shall
- (a) ensure that any examination conducted adheres to the provisions of the Act and by-laws,
- (b) call the meetings of the Board, and
- (c) determine the examination dates.
18(3) The Registrar shall be the secretary of the Board, and shall not act in any official capacity as an examiner, and shall not have any vote or decision making with regards to examinations, conduct of candidates or results.
19(1) There shall be examinations held by virtue of the provisions of this Act for the following categories:
- (a) registered apprentices,
- (b) registered barbers, and
- (c) master barbers.
19(2) Examination may be written, practical, oral, any one, all or combination thereof.
19(3) The Board shall meet at least twice in every year for the purpose of examining candidates for registration under this Act and due notice of all such examinations shall be given by whatever means is approved by the Council.
19(4) If an applicant fails to pass an examination conducted under this Act, the applicant shall continue to practice under his or her current status of registration and shall be permitted to be examined in the phase that he or she failed after a minimum of three months.
19(5) An application for re-examination shall be to the Board and must be accompanied by the required fees and should the applicant still be unsuccessful after a re-examination, he or she must wait six months for another re-examination and continue to practice in his or her current registration classification.
19(6) The Board shall report to the Council when a candidate has passed the prescribed examination, following which the Registrar shall sign and issue a certificate of qualification under the name of the Board in a respective category and the Council shall issue a certificate of registration with the Association to each successful candidate upon report from the Board.
19(7) The most recent certificate of qualification shall be posted in a conspicuous location near the work station of the member to whom it is issued to indicate what level of barber the member has obtained and a certificate of qualification is not a registration and therefore has no expiration date.
20(1) Any person is entitled to receive a registration as a registered student provided that he or she
(a) is not less than fifteen years of age;
(b) has a minimum of grade 9 education or equivalent;
(c) has been approved to attend a school registered by the Association for the instruction of barbering or indentured to a registered barber in a registered barber shop under either a registered barber or master barber; and
(d) has paid the fees as prescribed by the Association.
20(2) Any person is entitled to receive a registration as a registered apprentice provided that he or she
(a) is not less than sixteen years of age;
(b) has a minimum of grade 9 education or equivalent;
(c) has passed an examination conducted by the Board to determine fitness to practice as a registered apprentice;
(d) has been previously registered as a registered student and graduated from a school of barbering registered by the Association or completed a course of study in a barber shop authorized by the Association and received a certificate of attainment from the authorized barber shop on the prescribed form; and
(e) has paid the fees as prescribed by the Association.
20(3) No registered student or registered apprentice may independently practice barbering but may, as a student or apprentice, do any or all of the acts constituting the practice of barbering under the immediate supervision of a registered barber or master barber.
20(4) No barber shall employ or have associated with him or her at one time more than one apprentice.
20(5) Any person is entitled to receive a registration as a registered barber provided that he or she
(a) is not less than eighteen years of age;
(b) has a minimum of grade 12 education or equivalent;
(c) has passed an examination conducted by the Board to determine fitness to practice as a registered barber;
(d) has been employed in a registered barber shop for a minimum two years as a registered apprentice acquiring 1500 hours of practical experience under a registered barber or master barber; and
(e) has paid the fees as prescribed by the Association.
20(6) Any person is entitled to receive a registration as a master barber provided that he or she (a) is not less than twenty years of age;
(b) has a minimum of grade 12 education or equivalent;
(c) has passed an examination conducted by the Board to determine fitness to practice as a master barber;
(d) has been employed in a registered barber shop for a minimum five years as a registered barber acquiring 10 000 hours of practical experience as a registered barber;
(e) has taken an instructional technique course in adult learning from a school registered or approved by the Association and obtained a certificate of attainment thereof; and
(f) has paid the fees as prescribed by the Association.
21(1) Instructors for schools authorized by virtue of this Act shall hold a certificate of registration in the Association in the category of master barber.
21(2) No owner or instructor of a school registered by virtue of this Act may be elected to the Council of the Association or appointed to the Board of Barber Examiners, but may vote at any meeting of the Association.
21(3) If an instructor ceases to be employed in a school, he or she may still hold a certificate of registration as a master barber and is eligible for election to the Council or appointment to the Board, but shall be required to resign such position, upon employment or association with the operation of a registered school in any capacity whatsoever.
22(1) In this Act and in any by-laws made there under the expression “barber shop” shall be taken to mean and include all premises or part thereof wherein is carried on the business of shaving, cutting, clipping with scissors, clippers or other appliance, singeing, shampooing, conditioning, blow-drying, curling with curling iron, braiding, waxing; and massaging the neck, shoulders and scalp.
22(2) This Act shall not apply to establishments where the services in subsection (1) are rendered incidentally to the business of waving or dressing the hair or performing manicuring, pedicuring of nails, or where the application of cosmetic preparations or artificial light are applied.
22(3) In this Act the occupation of a barber shall include any one or all of the following services performed on any person: shaving, cutting, clipping with scissors, clippers or other appliance, singeing, shampooing, conditioning, blow-drying, curling with curling iron, braiding, waxing; and massaging the neck, shoulders and scalp.
OFFENCES AND ENFORCEMENT
23(1) Every person who, not being registered under this Act, carries on business or holds himself or herself out as carrying on business as a barber, or who advertises or uses or affixes any prefix to his or her name signifying that he or she is qualified to carry on business as a barber shall be guilty of an offence punishable under Summary Proceedings Act as a category “H” offence
23(2) Any information alleging an offence under this Act may be laid in accordance with the Summary Proceedings Act in the name of the Association on oath or solemn affirmation of the Registrar or of a person authorized by the Council.
23(3) A person who violates or fails to comply with subsection 14(1) or (7) or subsection 15(1) or (3) or subsection 20(3) or subsection 24(4) commits an offence punishable under Summary Proceedings Act as a category H offence.
23(4) Where an offence under subsection (1) or (3) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Summary Proceedings Act for a category H offence multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Summary Proceedings Act for a category H offence multiplied by the number of days during which the offence continues.
23(5) A prosecution for an offence under this Act shall be commenced within one year after the time it is alleged to have been committed.
23(6) Any penalty imposed under this Act, when recovered, shall be paid to the Association for its use.
24(1) A member of the Association while carrying on the trade or practice of a barber as defined in this Act shall not be subject to the provisions of the Cosmetology Act.
24(2) A member of the Cosmetology Association of Nova Scotia shall be issued a certificate of registration without examination provided he or she holds a valid certified hairstylist licence, and pays the fees prescribed by by-law.
24(3) A member of the Cosmetology Association of Nova Scotia shall be granted registration as a barber shop proprietor without inspection provided he or she holds a valid Salon Proprietor licence, and pays the fees prescribed by by-law.
24(4) Except as provided in this Act, no person or company shall use or display a barber pole as defined in this Act for the purpose of advertising barbering services unless the establishment and personnel are registered under this Act.
24(5) Nothing in this Act applies to or prevents:
(a) the carrying on of any occupation, calling or profession authorized by an Act of the Province; or
(b) the practice of cosmetology by a member of the Cosmetology Association of Nova Scotia pursuant to the Cosmetology Act.
25(1) No action lies against members, officers or directors of the Association, the Council, or any committees of the Association or its employees or agents for anything done in good faith under the provisions of this Act or the by-laws or for the neglect or default in the performance or exercise in good faith of any duty or power.
25(2) No member shall be personally liable for any debt of the Association beyond the amount of that member’s unpaid dues, fees or other amounts for which a member may become liable under this Act or the by-laws.
25(3) A resolution, report, recommendation, decision, finding or order of the Council or Board or any committee of the Council or of the Association in writing signed by all directors or persons entitled to vote on such resolution, report, recommendation, decision, finding or order, or signed counterparts thereof, is as valid as if passed, enacted, determined or made at a meeting of the Council or Board or such committee.
26(1) Nothing in the Act shall affect the power and duties, tenure of office or terms of remuneration of any director or officer of the Association or any committee appointed before the commencement of the Act, or any legal proceedings or remedy in respect of any such thing, right, title or interest.
26(2) Until repealed, altered or amended pursuant to the Act, any by-law or rule made or fees prescribed by The Nova Scotia Registered Barbers’ Association shall, not-withstanding any conflict with the Act, continue in force and have effect as if made under this Act.
AMENDMENTS AND REPEALS
27 An Act to Incorporate the Nova Scotia Registered Barbers’ Association, chapter 390 of the Revised Statutes of Nova Scotia, 1989 is repealed.
28 An Act to Provide for the Protection of Health, chapter 4 of the Revised Statutes of Nova Scotia, 2004 is amended by repealing subsection 117.
29 30 31
Nova Scotia Regulation 32/57, is repealed. Order in Council 1999-328, is repealed. Nova Scotia Regulation 70/99, is repealed.
An Act Respecting Cosmetology, chapter 39 of the Act of 2012 is amended in subparagraph 2(e)(i) by striking out “shaving”; and
in subparagraph 2(e)(v) by striking out “shaving”.