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BILL NO. 54

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                An Act Respecting Cosmetology




                          CHAPTER 5
                       ACTS OF 1995-96




                 
                                                               
                                                               
             The Honourable John D. S. MacEachern
              Minister of Education and Culture


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                 An Act Respecting Cosmetology



         Be it enacted by the Governor and Assembly as follows:


         1    This Act may be cited as the Cosmetology Act.


         2    (1)  In this Act,

                   (a)  "Association" means the Cosmetology
              Association of Nova Scotia;

                   (b)  "by-laws" means the by-laws of the
              Association;

                   (c)  "Committee" means the Provincial Examining
              and Licensing Committee established pursuant to this
              Act;

                   (d)  "cosmetology" means

                        (i)  the cutting, bleaching, colouring, dressing,
                   curling, waving or permanently waving, cleansing
                   or the performance of similar work upon the hair
                   of any person either by hand or by the use of any
                   mechanical application or appliances,

                        (ii) the manicuring or pedicuring of the nails
                   of a person or the massaging, cleansing or
                   beautifying of the scalp, face, neck, arms or legs of
                   a person either by hand or by the use of any
                   mechanical application or appliance or by the use
                   of cosmetic preparations, creams or similar
                   preparations or compounds;

                   (e)  "Executive" means the Executive of the
              Association;

                   (f)  "licensed cosmetologist" means a person who
              is licensed pursuant to this Act;

                   (g)  "Minister" means the Minister of Education
              and Culture;

                   (h)  "Provincial Office" means the Provincial
              Office of the Association;

                   (i)  "Registrar" means the Registrar of the
              Association.

              (2)  For the purpose of this Act, a person practises
cosmetology where that person engages in cosmetology for fee,
gain or reward.

              (3)  Nothing in this Act extends to or permits the use of
x-rays by any person.


         3    The Minister is responsible for the general supervision
and management of this Act.


         4    A person may be licensed to practise cosmetology in
one or more of the following capacities:

              (a)  a specific cosmetologist;

              (b)  a junior cosmetologist;

              (c)  a general cosmetologist;

              (d)  a master cosmetologist;

              (e)  a master cosmetologist instructor.


         5    (1)  Subject to this Section, no person shall practise
cosmetology in any capacity or hold out as being entitled to
practise cosmetology in any capacity unless that person holds
a licence issued pursuant to this Act permitting that person to
practise cosmetology in that capacity.

              (2)  Each person who was, immediately before the
coming into force of this Act, the holder of a certificate issued
pursuant to the Hairdressers Act is and is deemed to be, during
the two years immediately after this Act comes into force, the
holder of a licence issued pursuant to this Act permitting that
person to carry on for two years immediately after this Act
comes into force the same activity as that person was permitted
to do by the certificate.

              (3)  Nothing in this Act restricts or prevents any person
permitted to carry on the trade or business of a barber under
the Registered Barbers Act from carrying on such business as
permitted by that Act.

              (4)  Notwithstanding anything contained in the
Registered Barbers Act, any licensed cosmetologist may engage
in the occupation of haircutting for gain or reward.

              (5)  Nothing in this Section prohibits a person from
engaging in cosmetology if that person is engaging in
cosmetology as an activity that is necessarily incidental to that
person carrying on an occupation or profession.

              (6)  Nothing in this Section prohibits a person from
practising cosmetology in the Province where that person is
licensed to practise cosmetology by or pursuant to an
enactment of another province if that enactment permits a
person licensed pursuant to this Act to carry on, in that other
province, the same activity as that person is permitted to carry
on in the Province by reason of being licensed pursuant to this
Act.


         6    (1)  No person shall operate a place of business where
cosmetology is practised unless that person holds a licence to
practise as a general cosmetologist or employs at that place a
person who holds such a licence.

              (2)  No person shall practise cosmetology in a
residence unless the practice is carried on in a room or rooms
that are used exclusively for the practice of cosmetology.


         7    There is hereby established a body corporate to be
known as the Cosmetology Association of Nova Scotia.


         8    The membership of the Association consists of every
licensed cosmetologist.


         9    There shall be an Executive of the Association which
shall be composed of such persons who are elected or
appointed in such manner as prescribed in the by-laws and that
has such powers and shall perform such duties as are conferred
or imposed on it by this Act or the by-laws.


         10   (1)  Subject to subsection (2), the Association may
exercise such powers as are necessary or conducive to
attaining the purpose of this Act and, without restricting the
generality of the foregoing, may

                   (a)  invest in such securities as are authorized by
              law for the investment of trust funds any money of the
              Association not required to defray expenses incurred
              pursuant to this Act and any income derived from the
              investments is part of the income of the Association;

                   (b)  acquire and take by purchase, donation,
              devise, bequest or otherwise, real and personal
              property and hold, enjoy, sell, mortgage, exchange,
              lease, let, improve and develop the same and erect and
              maintain buildings and structures;

                   (c)  subject to the approval of the Governor in
              Council, make by-laws not inconsistent with this Act
              respecting qualifications for membership in the
              Association and the conditions under which such
              membership is held, respecting qualifications required
              for a licence to practise cosmetology in any capacity,
              fees, the conduct of meetings, the composition and
              powers of the Executive and the internal management
              of the Association.

              (2)  Except as provided in this Act, neither the
Association nor the Committee may, by by-law or otherwise,
regulate, govern, increase or in any manner interfere with the
prices charged for services provided in the practice of
cosmetology or the opening and closing hours of any
establishment that is carried on for the purpose of the practice
of cosmetology.


         11   The Provincial Office of the Association shall be
located in either Halifax or Dartmouth or at such other place
in the Province as may, from time to time, be determined by the
by-laws or by a resolution of the Association.


         12   (1)  There shall be an examining and licensing
committee in cosmetology to be known as the Provincial
Examining and Licensing Committee.

              (2)  The Committee consists of

                   (a)  two licensed cosmetologists appointed by the
              Governor in Council; and

                   (b)  three licensed cosmetologists elected by the
              membership of the Association.

              (3)  The members of the Committee appointed by the
Governor in Council pursuant to clause (2)(a) hold office for
such period of time as the Governor in Council determines.

              (4)  The members of the Committee referred to in clause
(2)(b) shall be elected at an annual general meeting from a list
provided by the Executive in the manner provided in the by-laws.

              (5)  The members of the Committee elected by the
membership of the Association pursuant to subsection (4) must
be master cosmetologists who are not owners of schools of
cosmetology or instructors in schools of cosmetology.

              (6)  The members of the Committee elected by the
membership pursuant to subsection (4) hold office for such
length of time as may be provided in the by-laws or for such
length of time, not to exceed three years, as the membership
determine at the time they are elected, and each member elected
by the membership is eligible for re-election.

              (7)  In the event of the death or resignation or the
termination of office of any member of the Committee appointed
by the Governor in Council pursuant to clause (2)(a), a
successor shall be appointed by the Governor in Council as
soon as practicable.

              (8)  The Association shall pay to all members of the
Committee such fees, salaries and travelling expenses as may
be fixed by the by-laws.

              (9)  Notwithstanding anything contained in this
Section, the remaining members of the Committee may appoint
a substitute member to the Committee from a list provided by
the Executive

                   (a)  if a member is ill, to act during the term of
              such illness;

                   (b)  if a member dies, resigns or leaves the
              Province, to act until a successor is appointed or
              elected in accordance with this Act or the by-laws.

              (10) Where additional members are required for
examination purposes, the Committee may appoint additional
members conditional upon the approval of the Executive.

              (11) The members of the Committee appointed
pursuant to clause (2)(a) may serve as examiners.


         13   (1)  Any person who desires to apply for a licence to
practise cosmetology in one or more capacities may do so by

                   (a)  satisfying the Committee that the person is
              over seventeen years of age;

                   (b)  satisfying the Committee, by passing the
              examinations held pursuant to this Act, that the person
              possesses the required skills and knowledge to
              properly perform all the duties pertaining to the
              practice of cosmetology and to observe the proper
              rules of sanitation and hygiene in connection with the
              practice of cosmetology; and

                   (c)  paying to the Association the fee prescribed by
              the by-laws.

              (2)  Before submitting to an examination held pursuant
to this Act, a student shall provide evidence satisfactory to the
Committee that the student has been trained as a student in
cosmetology, in a registered school, for not less than one
thousand two hundred and fifty hours of theory and practical
instructions under the supervision of a master cosmetology
instructor.


         14   For examination purposes, the Committee may delegate
a minimum number of members to attend and carry out
examinations with at least one member of the Committee
appointed by the Governor in Council being invited to attend
as may be provided in the by-laws.


         15   (1)  The Committee shall hold examinations in
cosmetology at least three times a year, throughout the
Province, at such times and places as the Committee determines
and every person who has applied for a licence pursuant to this
Act shall receive at least thirty days' notice of the time and
place of the examination.

              (2)  The examinations shall be oral, written and
practical demonstration.

              (3)  The scope of the examinations and the method of
procedure shall be prescribed by the Committee with a view to
testing the ability in cosmetology of the person applying for the
licence pursuant to this Act and that person's knowledge of the
sanitary regulations in connection with the practice of
cosmetology, the antiseptic preparation and sterilization of
tools and appliances and the protection of the public from
infectious and contagious diseases.

              (4)  The Committee shall accept input as to the scope
of the examinations and the methods of procedure from the
Executive or a committee of the Executive consisting of
instructors and licensed salon owners as may be prescribed by
the by-laws.

              (5)  Any person who fails to pass the examinations
prescribed by the Committee may, within thirty days of receipt
of the results of the examinations, appeal to the Executive and
the Executive may take such action with respect to the appeal
as the Executive considers appropriate.


         16   (1)  Upon any person meeting the requirements set out
in Section 13, the Committee shall issue to that person a licence
in such form as may be determined by the Committee, signifying
that that person is entitled to practise cosmetology in the
Province in one or more of those capacities that are set out in
the licence.

              (2)  The Committee shall issue a specific licence to
practise cosmetology in a certain capacity, as the same is, from
time to time, fixed and defined in the by-laws, upon the person
applying for the licence

                   (a)  satisfying the Committee, by passing the
              examinations as provided for by this Act, that the
              person possesses the requisite skill and knowledge
              properly to perform all the duties in the practice of
              cosmetology in that capacity and to observe the proper
              rules of sanitation and hygiene in connection with the
              practice of cosmetology in that capacity; and

                   (b)  paying to the Association the fee as prescribed
              in the by-laws.


         17   (1)  The holder of any licence issued pursuant to this
Act shall keep the licence and a list of prices posted at all times
in a conspicuous place where the person practises cosmetology.

              (2)  Any licence issued by the Committee, except as
provided in this Act, remains in force until the termination of
the calendar year in which the licence is issued, but may be
renewed from year to year, on payment to the Association of the
renewal fee as prescribed in the by-laws.

              (3)  Where any person fails to renew a licence within
two months of the date of the expiry of the licence, the person's
name shall be removed from the register and the licence shall
not be renewed nor shall such person be registered, until such
time as the person has paid to the Provincial Office the annual
renewal fees and penalties for each year or portion thereof
from the date of expiry to the date of renewal.

              (4)  Where the licence of any person has lapsed for a
period of three years or more, the Committee shall, before
issuing to that person a licence or renewal, require that person
to be examined by the Committee in the ordinary manner and
on the ordinary terms as provided in this Act, in lieu of payment
of the renewal fees.

              (5)  A person whose name has been removed from the
register of members may, at the person's option, in lieu of
payment of fees, submit to an examination by the Committee in
the ordinary manner and on the ordinary terms provided in this
Act.


         18   Every proprietor, manager and instructor in any
premises where cosmetology is practised shall require every
person who is a student to display a card in a conspicuous
place indicating that such person is a student.


         19   Every instructor in cosmetology in any registered
school of cosmetology shall hold a current master cosmetology
instructor licence or interim cosmetology instructor's licence as
may be provided for in the by-laws.


         20   (1)  Subject to subsection (2), the Committee may
amend, suspend or revoke any licence upon the passing of a
resolution by the Committee declaring that the holder of a
licence is, in the opinion of the Committee, unfit to have a
licence by reason of

                   (a)  habitual drunkenness;

                   (b)  addiction to habit-forming drugs;

                   (c)  gross incompetence;

                   (d)  disease;

                   (e)  failure or neglect to keep the person's place of
              business in a clean and sanitary condition;

                   (f)  failure to comply with regulations made
              pursuant to the Health Act; or

                   (g)  conviction for an indictable offence under the
              Criminal Code (Canada).

              (2)  Prior to a licence being amended, suspended or
revoked pursuant to subsection (1), the holder of the licence
shall be

                   (a)  notified, in writing, by personal service or
              registered mail, of the reasons for the suspension or
              revocation;

                   (b)  given a public hearing in the locality in which
              the person resides; and

                   (c)  permitted to make full answer and defence to
              all allegations made against that person and to have
              witnesses examined and cross-examined by counsel on
              behalf of the person.

              (3)  Any person whose licence has been either
suspended for more than ninety days or revoked may, after the
expiration of ninety days, apply to the Committee to have the
licence re-issued upon proof satisfactory to the Committee that
the person is a fit and proper person to hold the licence and is
otherwise qualified under this Act.


         21   Any person whose licence is suspended or revoked, or
any person who feels aggrieved or is affected by any order or
decision of the Committee, may appeal to a judge of the
Supreme Court of Nova Scotia at any time within three months
from the date of the suspension, revocation, order or decision
and the judge may make an order varying, confirming or
reversing, either in whole or in part, the suspension, revoca-
tion, order or decision appealed from.


         22   (1)  All notices and documents required by or for the
purpose of this Act, when sent by mail, shall be deemed to have
been received at the time when the letter containing the same
would be delivered in the ordinary mail and, in proving such
sending, it is sufficient to prove that the letter containing the
notice and documents was properly addressed and mailed.

              (2)  Such notices and documents, when sent to the
Committee or the Association, shall be deemed to be properly
addressed if addressed to the Committee or the Association, as
the case may be, and, when sent to the person registered
pursuant to this Act, is deemed to be properly addressed if
addressed to the person according to the person's address
indicated in the register of the Association.


         23   (1)  The Provincial Office shall keep a register in which
shall be entered the names and addresses of all persons to
whom licences are issued pursuant to this Act. 

              (2)  The register shall be kept at the Provincial Office
and shall at all reasonable times be open to public inspection.

              (3)  The Executive may appoint a Registrar and fix the
duties of that office and remuneration for the person holding it.

              (4)  The Registrar holds office at the pleasure of the
Executive.

              (5)  The Committee shall file, at the Provincial Office,
for the information of the public and members of the
Association information relating to

                   (a)  the course of study and training to be followed
              by students;

                   (b)  particulars, at the Committee's discretion, with
              respect to the subject-matter and nature of
              examinations for licences;

                   (c)  particulars with respect to the standards for
              the premises, accommodations, facilities and
              equipment of cosmetology establishments and for the
              inspection thereof; and

                   (d)  periodic reports with respect to the duties,
              responsibilities, practises and procedures of the
              Committee.


         24   All moneys arising from fees under this Act shall be
applied, in accordance with such by-laws or regulations as may
be made by the Association, towards defraying its expenses
incurred pursuant to this Act.


         25   The Association shall, when required to do so by the
Minister, transmit to the Minister a certified return of the
affairs of the Association, under the seal of the Association, in
such form as may, from time to time, be required.


         26   The Committee, or any person or persons authorized in
writing by the Committee, may, from time to time, enter and
inspect during business hours all places where cosmetology is
practised, or where any sign, card or other device is displayed
indicating that cosmetology is being practised, for the purpose
of ascertaining whether the requirements of this Act or any
other laws respecting the conduct of the practice of
cosmetology are being properly carried out.


         27   (1)  Any person who violates this Act or is guilty of an
offence is liable, on summary conviction, to a fine of not more
than five hundred dollars for a first offence and not more than
one thousand dollars for a second or subsequent offence and,
in default of payment, to imprisonment for a first offence for a
term not exceeding fourteen days and for a second or
subsequent offence to imprisonment for a term not exceeding
thirty days.

              (2)  No prosecution under this Act shall be instituted
without the consent of the Minister of Justice.


         28   (1)  The Committee shall issue, according to the
applicant's qualifications, a licence to each qualified
cosmetologist lawfully and actively engaged in the practice of
cosmetology immediately prior to the coming into force of this
Act, if a request for the licence is made within two years of the
coming into force of this Act.

              (2)  The Committee shall issue a salon and school
permit to each salon and school owner or operator lawfully and
actively operating a place of business where cosmetology is
practised immediately prior to the coming into force of this Act,
if a request for the permit is made within two years of the
coming into force of this Act.


         29   (1)  All the property and rights of the Association of
Nova Scotia Hairdressers are vested in the Association.

              (2)  All the obligations of the Association of Nova
Scotia Hairdressers are the obligations of the Association.

              (3)  The Association of Nova Scotia Hairdressers is
dissolved.


         30   Chapter 191 of the Revised Statutes, 1989, the
Hairdressers Act, is repealed.


         31   This Act comes into force on such day as the Governor
in Council orders and declares by proclamation.