4th Session, 61st General Assembly
61 Elizabeth II, 2012
The Honourable Marilyn More
Minister of Labour and Advanced Education
First Reading: November 6, 2012 (LINK TO BILL AS INTRODUCED)
Second Reading: November 13, 2012
Third Reading: November 23, 2012
Royal Assent: December 6, 2012
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Cosmetology Act.
2 In this Act,
(a) "Association" means the Cosmetology Association of Nova Scotia;
(b) "Board" means the Board of Directors of the Association;
(c) "by-laws" means a resolution of the Board passed by two thirds of the voting members present at a meeting of the Association at which such resolution is presented;
(d) "cosmetologist" means a person who is licensed pursuant to this Act to practise cosmetology and includes a person who holds a specific licence or a temporary licence;
(e) "cosmetology" means
(v) the removal of hair by the act of waxing, shaving, sugaring, tweezing or using cosmetic preparations, creams, oils or similar preparations or compounds or by any other act prescribed by the regulations, or
(g) "Executive Director" means the Executive Director of the Association;
(h) "former Act" means Chapter 5 of the Acts of 1995-1996, the Cosmetology Act;
(i) "licence" means a licence to practise cosmetology issued in accordance with this Act and the by-laws and includes a specific or a temporary licence;
(j) "master cosmetologist" means a person who meets the requirements for becoming a master cosmetologist as set out in the by-laws;
(k) "master cosmetologist instructor" means a person who meets the requirements for becoming a master cosmetologist instructor as set out in the by-laws;
(l) "member" means a person who is registered in the Register as holding a valid licence or permit;
(m) "Minister" means the Minister of Labour and Advanced Education;
(n) "passing score" means such score as is from time to time prescribed by the by-laws as being required to pass the Board cosmetology examinations;
(o) "permit" means a permit issued in accordance with this Act and the by-laws permitting cosmetology services to be practised in a certain fixed place or on a mobile basis;
(p) "Register" means the register of members of the Association;
(q) "salon" means a place where cosmetology is practised on a permanent or ongoing basis and includes a room in a school where practical instruction and training is given or a room in a private residence;
(r) "school" means
(s) "specific licence" means a licence issued pursuant to this Act and limited to one or more practice areas;
(t) "temporary licence" means a temporary licence issued pursuant to this Act.
3 (1) For the purpose of this Act, a person practises cosmetology if that person engages in cosmetology for fee, gain, or expectation of reward or remuneration.
(2) No person shall practise cosmetology in any capacity or hold himself, herself or itself out as being entitled to practise cosmetology in any capacity unless that person is licensed to do so pursuant to this Act.
(3) A person who holds a permit or a licence is required to be a member of the Association.
4 A person to whom this Act applies shall comply with all applicable provisions of this Act, the regulations and the by-laws including any standards or policies established, adopted or incorporated by reference.
5 (1) This Act does not apply to
(a) a person registered to practise medicine pursuant to the Medical Act;
(b) a person registered to practise nursing pursuant to the Registered Nurses Act or the Licensed Practical Nurses Act;
(c) a person registered to practise dentistry or dental surgery pursuant to the Dental Act;
(d) a person registered as a dispensing optician pursuant to the Dispensing Opticians Act;
(e) a person registered as a chiropractor pursuant to the Chiropractic Act;
(f) a person registered as a pharmacist pursuant to the Pharmacy Act;
(g) a person registered as a dental technologist pursuant to the Dental Technicians Act;
(h) a person licensed in the practice of denturism pursuant to the Denturist Act;
(i) a person registered as a physiotherapist pursuant to the Physiotherapy Act;
(j) a person registered as an occupational therapist pursuant to the Occupational Therapists Act;
(k) a person who is a massage therapist;
(l) a person who is a reflexology practitioner;
(m) a person who is a personal care worker pursuant to the Homes for Special Care Act;
(n) a homemaker providing services pursuant to the Homemakers' Services Act;
(o) a barber practising barbering pursuant to the Registered Barbers Act; or
(p) any other person exempted by the regulations.
(2) Notwithstanding subsection 3(2), nothing in this Act prohibits a person from engaging in the activities of a cosmetologist if the activity is necessarily incidental to that person's occupation or profession.
6 The Cosmetology Association of Nova Scotia created by the former Act is hereby continued as a body corporate.
7 The objects of the Association are to
(a) ensure public safety and minimize the risk to the public and those engaged in the practice of cosmetology;
(b) establish, maintain and develop standards of sanitation, hygiene and inspection for salons, schools and other premises where cosmetology is practised;
(c) establish, maintain and develop standards for qualification and entry into the practice of cosmetology;
(d) establish, maintain and develop standards for curriculum and occupational training requirements for the cosmetology industry;
(e) regulate the practice of cosmetology and govern its members in accordance with this Act, the regulations and the by-laws;
(f) promote the interests of the cosmetology industry to government and the general public; and
(g) administer this Act and perform such other duties and exercise such other powers as are imposed or conferred on the Association by or under any Act.
8 In addition to any other power conferred by this or any other Act, the Association may do such things as it considers appropriate to advance the objects of the Association and, without limiting the generality of the foregoing, may
(a) purchase, take in, lease, exchange, hire, construct and otherwise acquire and hold, sell, mortgage, hypothecate, lease out or otherwise deal with any real or personal property;
(b) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, warrants and other negotiable and transferable instruments;
(c) engage such agents, employees, consultants, contractors and professional or other services as it considers necessary and expedient;
(d) expend the money of the Association in the advancement of its objects in such manner as it considers expedient;
(e) establish and maintain such offices and agencies it considers expedient;
(f) invest and deal with any money and funds of the Association that are not immediately required in such manner as it considers expedient;
(g) improve, manage, develop, exchange, dispose of, turn to account or otherwise deal with the real or personal property of the Association;
(h) borrow money for the use of the Association on its credit, limit or increase the amount to be borrowed, issue bonds, debentures, debenture stock and other securities on the credit of the Association and pledge or sell such securities for such sums or at such prices as it considers expedient;
(i) enter into and carry out agreements beneficial to the operation of the Association on such terms and conditions as it considers advisable; and
(j) do such things as are incidental or necessary to the exercise of the powers referred to in clauses (a) to (i).
9 (1) There shall be a Board of Directors of the Association consisting of nine directors elected by the Association members at the annual meeting.
(2) Every member in good standing is eligible to be nominated as and vote for a director in accordance with the by-laws.
(3) Directors shall be elected for a term of office in accordance with the by-laws.
(4) The Board shall elect from amongst its directors a Chair in accordance with the by-laws.
10 The directors shall be
(a) paid such remuneration; and
(b) reimbursed for such reasonable expenses necessarily incurred in the performance of their duties,
as the Board determines in accordance with the by-laws.
11 The Board may exercise all the powers and shall perform all the duties of the Association with respect to any matters that the Association may in the by-laws delegate to it.
12 (1) The Board may appoint such committees as it considers necessary to assist in carrying out its duties pursuant to the Act.
(2) The Board may appoint
(a) a Discipline Committee;
(b) a Review Committee;
(c) standing Committees; and
(d) ad hoc committees.
(3) The committees shall perform such functions as are set out in this Act and in the by-laws.
(4) The committees shall follow the procedures set out in the by-laws.
(5) Committee members shall be
(a) paid such remuneration; and
(b) reimbursed for such reasonable expenses necessarily incurred in the performance of their duties,
as the Board determines in accordance with the by-laws.
13 (1) The Board shall appoint an Executive Director and determine the term of office and the duties of the Executive Director.
(2) The Executive Director has, subject to the control and direction of the Board, charge of the conduct of the business of the Association.
(3) The Executive Director may delegate any function assigned to the Executive Director by this Act and the by-laws.
(4) The Board may designate a person to act in the place of the Executive Director due to the absence or the incapacity of the Executive Director.
(5) The Executive Director is a non-voting member of the Board.
14 The Board may authorize the hiring or engaging of any staff, consultants or contractors to conduct the business of the Association and may set the terms of employment of such persons.
15 (1) There must be an annual general meeting of the Association at such time and place as set out in the by-laws.
(2) The by-laws must prescribe the form and content of the notice of annual meeting.
(3) Special meetings of the Association may be held at such time and place and upon such notice as prescribed in the by-laws.
(4) The auditor shall be recommended by the Board but is subject to the approval of the Association at the annual meeting.
(5) An annual report as prescribed in the by-laws, including the audited financial statements, must be distributed at or before the annual meeting for review by the members.
16 (1) At the request of the Minister, the Board shall prepare and submit to the Minister a report of the activities and operation of the Board during the preceding fiscal year.
(2) The report must include the audited financial statements and any other information the Minister requests.
17 (1) Subject to the approval of the Minister, the Board may make by-laws, not inconsistent with this Act,
(a) respecting the holding of an annual general meeting and special meetings of the Association, including the notice for such meetings, the time, place and content of such meetings, the quorum, the procedures to be followed and the manner of voting;
(b) respecting remuneration and expenses payable to persons sitting on the Board and any committees established for the purpose of attending to the business of the Association;
(c) establishing the eligibility criteria for election to the Board;
(d) establishing the timing and the manner of election to the Board;
(e) respecting the term of office of directors and members of Board committees, the manner in which vacancies may be filled and the manner for removing directors and committee members;
(f) respecting the election of the Board Chair;
(g) prescribing the role of the Board Chair, the Board and its committees;
(h) respecting the powers delegated to the Board by the Association;
(i) respecting the holding of Board meetings, including required meetings, the notice of such meetings, the quorum and procedure to be followed and the manner of voting;
(j) respecting the establishment of, and quorum for, committees as appointed by the Board and providing for the holding and conduct of meetings of such committees;
(k) respecting the functions of committees;
(l) providing for the audit of the Association;
(m) providing for the establishment of the fiscal year of the Association;
(n) respecting the content and form of the annual report;
(o) prescribing the criteria and qualifications required by members to obtain a licence and become members of the Association;
(p) prescribing the form of licences;
(q) prescribing the form of the Register and the information to be maintained on the Register;
(r) prescribing membership categories;
(s) regulating the practice of cosmetology;
(t) prescribing the hours of school training required to apply for a licence;
(u) prescribing the criteria required and the process for obtaining a school permit;
(v) prescribing the form and content of examinations;
(w) prescribing the actions inspectors may take and the sanctions inspectors may impose;
(x) establishing complaint and disciplinary processes;
(y) prescribing the type of information, including sanctions, to be disclosed to the public and to other licensing bodies in respect of a disciplinary proceeding;
(z) prescribing application forms and processes;
(za) prescribing requirements for licences and permits and the renewal and re-issuance thereof;
(zb) prescribing penalties for late licence and permit renewal applications;
(zc) respecting member retraining and continuing occupational training requirements;
(zd) respecting school curriculum and programming;
(ze) prescribing requirements for a master cosmetologist instructor licence and for a specific master cosmetologist instructor licence;
(zf) prescribing the form and content of examinations;
(zg) prescribing the passing score for examinations;
(zh) establishing processes to appeal an examination score that falls below the passing score;
(zi) respecting the qualifications, duties, remuneration and expenses for examiners;
(zj) establishing the form of inspector report including recommended actions and sanctions;
(zk) respecting the qualifications, duties, remuneration and expenses of inspectors;
(zl) establishing standards of practice;
(zm) establishing standards for sanitation and hygiene for premises and equipment of salons, schools and other premises where cosmetology is practised;
(zn) establishing the form of undertaking required by the Act;
(zo) prescribing the procedures for filing, processing and disposing of a complaint, including notice of date, time and place of hearing or submission filing dates for paper reviews;
(zp) prescribing the procedures for filing, processing and disposing of an appeal, including notice of date, time and place of hearing or submission filing dates for paper reviews;
(zq) respecting evidence of satisfactory previous school training;
(zr) establishing practice areas for specific licences;
(zs) establishing examination appeal procedures;
(zt) prescribing the method of notifying parties of a decision;
(zu) establishing and approving a code of ethics and professional conduct;
(zv) respecting the delegation of the Executive Director's functions;
(zw) respecting proof that a licence held from another province of Canada is sufficient to obtain a Provincial licence in the same capacity;
(zx) governing such other matters as the Board considers necessary or advisable for the effective discharge of its function or the exercise of its powers;
(zy) respecting all other things necessary or advisable for the administration of the affairs of the Association.
(2) The Board may make by-laws not inconsistent with this Act respecting the fees payable by applicants and members of the Association.
(3) All by-laws of the Board must be available during regular business hours for inspection by any person, free of charge.
18 For the purpose of Section 17, the Association may establish, adopt or incorporate by reference into the by-laws any standards or policies to be adhered to in the practice of cosmetology if
(a) the by-laws clearly identify the standard or policy being established, adopted or incorporated by reference; and
(b) a copy of the standard or policy
(a) prescribing any act to be used for the provision of hair care;
(b) prescribing any act to be used for the removal of hair;
(c) prescribing any act to be used for the provision of skin care;
(d) prescribing any act to be used for the provision of nail care;
(e) exempting persons or classes of persons from the application of this Act;
(f) exempting an act from the application of this Act;
(g) prescribing a service to be included in the definition of cosmetology;
(h) respecting the content of Board reports of activities and operations for the Minister;
(i) defining any word or expression used but not defined in this Act;
(j) further defining any word or expression defined in this Act;
(k) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
23 (1) The Executive Director shall issue a licence in a form prescribed by the by-laws to a person who meets the criteria as set out in this Act and the by-laws authorizing persons to practise cosmetology in the Province.
(a) has been trained as a student in cosmetology in a school, for no less than the prescribed number of hours of theory and practical instruction set out in the by-laws, under the supervision of a master cosmetologist instructor; or
(2) Subject to verification by the Executive Director, an applicant referred to in subsection (1) must provide proof as required by the by-laws that the licence held from another jurisdiction is sufficient to obtain a Provincial licence in the same capacity.
(c) shall provide an undertaking in the form prescribed by the by-laws, requiring the person to ensure that all cosmetologists employed or otherwise engaged by the person at the salon will fulfil their professional responsibilities pursuant to this Act; and
35 (1) Unless otherwise authorized in writing by the Executive Director, every licence and permit holder shall display the licence and permit in a place clearly visible to the public at the location where cosmetology is practised.
(2) Unless otherwise provided in this Act, any licence or permit issued by the Executive Director remains in force until the end of the calendar year in which it was issued and may be renewed by following the process set out in the by-laws.
(3) Where a person does not renew a licence or permit within two months of its expiry date, the person's name shall be removed from the Register and the licence or permit may not be renewed until such time as the person has paid to the Association the annual renewal fees and any penalties for each year or part thereof from the date of expiry of the licence or permit to the date of renewal, and continues to meet the licence or permit requirements.
(4) Where the licence of any person has lapsed for a period of three years or more, the Board may, before issuing to that person a licence or renewal, require that person to complete such training, examination or period of work service under the supervision of another cosmetologist as may be prescribed by the by-laws.
(3) Each examiner shall be paid such remuneration and reimbursed for such reasonable and necessary expenses incurred by the examiner in the performance of the examiner's duties as the Board determines.
(4) Where a person fails to attain a passing score on an examination, that person may, within 30 days of receipt of the examination results, appeal in writing to the Board by following the procedures prescribed by the by-laws.
(7) A person who fails three times to attain a passing score on an examination may not apply to be examined again until such time as the person satisfies the Board that the person has enrolled in an exam preparation course offered or approved by the Board.
40 (1) The Board may authorize the hiring or engaging of qualified persons as inspectors to perform the duties and functions conferred by this Act, including the inspection of any premises and equipment in the Province where cosmetology is practised.
(3) An Inspector shall prepare and submit to the Board a report for each inspection containing any necessary recommendations made to the Executive Director for appropriate action or sanction as set out in the by-laws.
(4) Notwithstanding clause (1)(b), an inspector may not enter a private dwelling place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling place except
(iii) a person has prevented the inspector from doing anything set out in Section 41 or denied the inspector access to any thing, as a result of which the inspector is unable to do anything set out in Section 41,
(iv) there are reasonable grounds to believe that a person may prevent an inspector from doing anything set out in Section 41, or may deny the inspector access to any thing as a result of which the inspector may be unable to do anything set out in Section 41,
(v) it is unpractical, because of the remoteness of the premises to be inspected or because of any other reason, for the inspector to obtain an order under this Section without delay if access is denied, or
(vi) there are reasonable grounds to believe that an attempt by the inspector to do anything set out in Section 41 without the order might defeat the purpose of that Section or cause an adverse effect,
(2) The period of time referred to in subsection (1) may not extend beyond 30 days after the date on which the order is made, but the order may be renewed for any reason set out in subsection (1) for one or more periods, each of which must not be more than 30 days.
(a) "complaint" means a notice in writing made pursuant to subsection 47(1) indicating the possible violation of this Act, the regulations or the by-laws, by a member or other person and may include violations such as
(d) "professional misconduct" includes such conduct or acts relevant to the practice of cosmetology that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional and, without limiting the generality of the foregoing, includes
(2) Where a member ceases to be licensed or hold a valid permit for any reason, the member remains subject to the jurisdiction of the Board for the purpose of the disciplinary process if the subject-matter of the complaint arises out of the person's conduct while licensed or while holding a valid permit.
50 (1) Following an investigation or the receipt of an inspector's report, the Discipline Committee shall advise the respondent of the findings in writing and provide an opportunity for the respondent to respond to the findings in accordance with this Section.
(7) Notwithstanding subsection (6), the Discipline Committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (6) and may make directions it considers necessary to ensure that a party is not prejudiced.
(4) A complainant or respondent may appeal a decision of the Discipline Committee to the Review Committee in accordance with the by-laws no later than 30 days after service of the Discipline Committee decision.
(10) Notwithstanding subsection (9), the Review Committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (9) and may make directions it considers necessary to ensure that a party is not prejudiced.
(11) The Review Committee may, by order, confirm, vary, or reverse the decision appealed from or make any decision the Executive Director or Discipline Committee was empowered to make pursuant to this Act.
54 (1) All complaints received or under investigation, all information gathered in the course of the disciplinary process and all proceedings and decisions of the Executive Director, the Discipline Committee, and the Review Committee that are not open to or available to the public in accordance with this Act, the regulations or the by-laws must be kept confidential by any person who possesses such information.
(a) a Discipline Committee or a Review Committee may direct the Executive Director to disclose to law enforcement authorities any information about possible criminal activity on the part of a member that is obtained during an investigation pursuant to this Act;
(c) a Discipline Committee or a Review Committee may direct the Executive Director to disclose information with respect to the complaint to an extra-provincial cosmetology regulatory body if it is relevant and concerns the fitness of the member for membership in the extra-provincial cosmetology regulatory body; and
(3) Where information sought to be disclosed under subsection (2) includes a member's personal health information, or treatment provided by any health provider, such information must not be disclosed.
(4) A witness in any legal proceeding, whether a party thereto or not, is excused from answering any question as to any proceedings of the Discipline Committee or the Review Committee, and is excused from producing any report, statement, memorandum, recommendation, document or information prepared for purposes of the Association, including any information gathered in the course of an investigation, or produced for the Discipline Committee or the Review Committee.
(6) Unless otherwise determined by a court of competent jurisdiction, a decision of the Discipline Committee or the Review Committee is not admissible in a civil proceeding other than an appeal or review pursuant to this Act.
(7) The Discipline Committee or the Review Committee may impose a publication ban on any or all parts of proceedings conducted by the committee, or the decision rendered by the committee, if the committee considers it appropriate.
(3) The record on appeal from the findings of the Review Committee consist of a copy of the entire record of the proceedings, the decision of the Review Committee and the evidence before the committee certified by the chair of the Review Committee.
(4) The Nova Scotia Civil Procedure Rules governing appeals to the Nova Scotia Court of Appeal that are not inconsistent with this Act apply mutatis mutandis to appeals to the Court of Appeal pursuant to this Section.
(5) Where a matter is appealed to the Nova Scotia Court of Appeal pursuant to this Section, the decision of the Review Committee takes effect immediately unless the Court of Appeal grants a stay of the order being appealed.
56 (1) Where the licence of a person has been suspended or revoked for a period of more than 90 days, that person may apply to the Executive Director for re-licensing after 90 days from the date of the suspension or revocation.
57 (1) Where a permit has been suspended or revoked for a period of more than 90 days, the person who holds or held the permit may apply to the Executive Director to have the permit re-issued after 90 days from the date of the suspension or revocation.
(2) Where an applicant satisfies the Executive Director that the matters that resulted in the suspension or revocation of the permit have been resolved or rectified, the Executive Director may issue a permit to the applicant.
58 (1) Upon re-issuing a licence or a permit, the Executive Director shall issue the licence or permit as it existed, including any conditions or restrictions, prior to being suspended or revoked, if the criteria for issuing the licence or permit are met.
(b) where registering bodies in other Canadian cosmetology jurisdictions have previously been informed of the suspension or revocation, notify such registering bodies of the lifting of such suspension or revocation; and
(5) In a prosecution of an offence contrary to this Act, the regulations or the by-laws, the onus to prove that a person accused of an offence has the right to use a designation protected by this Act is on the person accused.
(6) Where a contravention of the Act, the regulations or the by-laws by a person continues for more than one day, the offender is guilty of a separate offence for each day that the contravention continues.
62 (1) In the event of a threatened or a continuing contravention of this Act, the regulations or the by-laws, the Association may file an application to be heard by a judge of the Nova Scotia Supreme Court for an injunction to restrain the person from continuing or committing the contravention and, where the judge considers it to be just, the judge may grant such injunction.
(2) A judge may, on motion, grant an interim injunction pending the hearing of an application for an injunction pursuant to subsection (1) if the judge is satisfied that there is reason to believe that a person is likely to commit or is continuing to commit a contravention of this Act, the regulations or the by-laws.
(3) No member of the Board, the Executive Director, any committee member, an inspector or any officer or employee of the Association is personally liable for any of the debts or liabilities of the Association unless such person expressly agrees to be liable.
64 On the coming into force of this Act, the Board shall issue a cosmetologist licence to each person holding a junior cosmetologist licence issued pursuant to the former Act, and the person's registration status shall be changed accordingly in the Register.
65 (1) Every person holding a valid cosmetologist licence, specific licence or temporary licence in any capacity pursuant to the former Act, immediately before the coming into force of this Act, is deemed to be a cosmetologist licensed in the same capacity pursuant to this Act until the licence expires, is suspended or is revoked.
(2) Every person holding a valid salon permit pursuant to the former Act, immediately before the coming into force of this Act, is deemed to be a salon permit holder pursuant to this Act until the permit expires, is suspended or is revoked.
(3) Every person holding a valid school permit pursuant to the former Act, immediately before the coming into force of this Act, is deemed to be a school permit holder pursuant to this Act until the permit expires, is suspended or is revoked.
(4) Every member in good standing of the Association pursuant to the former Act, immediately before the coming into force of this Act, is deemed to be a member in the same membership category pursuant to this Act until the membership expires or is suspended or revoked.
(5) Every student enrolled in a course of study in cosmetology in the Province, immediately before the coming into force of this Act, must apply for a student permit within 30 days of the coming into force of this Act.
(2) During the 60-day period after the coming into force of this Act, the Association shall hold elections for a new Board under this Act, and the new Board takes office upon the expiry of the 60-day period.
(3) Notwithstanding anything else in this Act, the Provincial Examining and Licensing Committee established under the former Act is continued for 60 days after the coming into force of this Act and is then dissolved.
67 Notwithstanding Sections 13 and 14 of this Act, the Executive Director and any staff, consultants or contractors hired by the Association under the former Act shall continue their duties as determined by the Board.