BILL NO. 109
3rd Session, 61st General Assembly
60 Elizabeth II, 2011
Safe Body Art Act
CHAPTER 44 OF THE ACTS OF 2011
The Honourable Maureen MacDonald
Minister of Health and Wellness
First Reading: November 23, 2011 (LINK TO BILL AS INTRODUCED)
Second Reading: November 28, 2011
Third Reading: December 12, 2011
Royal Assent: December 15, 2011
Be it enacted by the Governor and Assembly as follows:
(f) "dwelling" means a building or a portion of a building that is occupied and used as a residence and includes a house, condominium, apartment, cottage, mobile home, trailer or boat that is occupied and used as a residence;
6 The Minister may engage, upon such terms and conditions as the Minister considers necessary, the services of such professional or technical persons to assist in the efficient carrying out of the intent and purpose of this Act and the regulations.
(a) the past conduct of the applicant or permit holder affords reasonable grounds to believe that the operation of the body art facility would not be carried out in accordance with this Act and the regulations;
(b) the applicant or permit holder does not have or will not have available all premises, facilities and equipment necessary to operate a body art facility in accordance with this Act and the regulations;
9 The Administrator or a public health inspector may request a medical officer to investigate, under this Act or the Health Protection Act, whether a risk to human health, a health hazard within the meaning of the Health Protection Act or a communicable disease or a disease or condition prescribed by the regulations exists or may exist.
10 (1) Where an applicant or permit holder has received notification that the Administrator has refused to grant or renew a permit or has suspended or revoked a permit, the applicant or permit holder may appeal to the Minister, by notice in writing, stating concisely the reasons for the appeal.
15 It is a condition of a permit that a body art facility must have appropriate maintenance, cleaning, sterilization and sanitation programs to control physical, chemical and biological contamination of equipment, surfaces and tools used for body art services, as required by this Act and the regulations.
16 (1) No person who is infected with a communicable disease or a disease or condition prescribed by the regulations or is known to be a carrier of a communicable disease shall participate in any way in body art services, except as prescribed by the regulations.
(2) It is a condition of a permit that no person who is infected with a communicable disease or a disease or condition prescribed by the regulations or is known to be a carrier of a communicable disease participate in any way in body art services, except as prescribed by the regulations.
17 (1) Subject to subsection (2), the Administrator or a public health inspector may, at any reasonable time, for the purpose of carrying out the Administrator's or inspector's duties, under this Act or the regulations enter without a warrant any premises if there are reasonable and probable grounds to believe the premises are a body art facility, and may
18 (1) Where the Administrator or a public health inspector removes documents or records from premises for the purpose of clause 17(1)(d) and makes a copy or extract of them or any part of them, the Administrator or public health inspector shall give a receipt to the occupier for the documents or records removed.
(3) A copy or extract of any document or record related to an inspection, examination, test or inquiry, purporting to be certified by the Administrator or a public health inspector, is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, designation, authority or signature of the person purporting to have certified the copy.
19 The Administrator or public health inspector may be accompanied by a medical officer or other persons for any purpose referred to in subsection 17(1) and the medical officer or those other persons may carry out inspections, examinations, tests and inquiries and take samples or do such other things as directed by the Administrator or public health inspector.
20 An owner or occupier of premises and any employees or agents of the owner or occupier shall give all reasonable assistance to the Administrator or a public health inspector to enable the Administrator or public health inspector to exercise powers or carry out duties and functions under this Act and the regulations, and shall furnish the Administrator or public health inspector with such information that the Administrator or public health inspector reasonably requires for any purpose referred to in subsection 17(1).
(2) For greater certainty, a refusal of consent to enter a dwelling is not and shall not be considered to be hindering or obstructing within the meaning of subsection (1), except where a warrant has been obtained pursuant to the Summary Proceedings Act.
22 No person shall knowingly make a false or misleading statement, either orally or in writing, to the Administrator or a public health inspector while the Administrator or the public health inspector is exercising powers or carrying out duties or functions under this Act or the regulations.
23 Where the Administrator or a public health inspector is empowered, authorized or required by any of the provisions of this Act or the regulations to do any act, matter or thing, the Administrator or public health inspector may use such force as is reasonably necessary.
24 The Administrator or a public health inspector may, in the performance of duties under this Act, call for the assistance of any constable, police officer or other peace officer and, where called for such assistance, it is the duty of the constable, police officer or peace officer to render assistance.
25 The Administrator, a public health inspector, a medical officer or another person performing a duty or exercising a power under this Act is immune from liability for performing the duty or exercising the power in good faith.
26 The production by the Administrator or a public health inspector of a certificate or identification signifying appointment, purporting to be signed by the Minister, is admissible as evidence as proof of appointment without further proof of the signature or authority of the Minister.
27 (1) In a prosecution for a violation of this Act or the regulations it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
(2) Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the violation of this Act or the regulations is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted.
(3) Unless otherwise provided in this Act, no person shall be convicted of an offence under this Act or the regulations if the person establishes that the person exercised all due diligence to prevent the commission of the offence.
29 (1) Where a person is convicted of an offence pursuant to this Act, in addition to any other punishment that may be imposed pursuant to this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order requiring the offender to comply with such conditions as the court considers appropriate and just, in the circumstances for securing the offender's good conduct and for preventing the offender from repeating the same offence or committing other offences.
(2) An order made pursuant to subsection (1) comes into force on the day on which it is made or on such other day as the court may order and may not continue in force for more than three years after that day.
31 (1) Where the provisions of any Act or any by-law or regulation of a regional municipality, town, municipality of a county or district or other local body are in conflict with this Act or the regulations, this Act and the regulations prevail to the extent of the conflict.
(2) Notwithstanding subsection (1), a by-law or regulation described in subsection (1) may impose or prescribe higher or more stringent standards or requirements than those provided for by this Act or the regulations if an enactment authorizes the by-law or regulation to impose or prescribe such standards or requirements.
32 (1) The information, records of interviews, reports, statements, notes, memoranda or other data or material prepared by or supplied to or received by the Administrator, a public health inspector or a medical officer providing assistance, in connection with research, studies or evaluations relating to morbidity, mortality or the cause, prevention, treatment or incidence of disease, or prepared by, supplied to or received by any person engaged in such research or study with the approval of the Minister, are privileged and are not admissible in evidence in any court or before any tribunal, board or agency except as and to the extent that the Minister directs.
(2) Nothing in this Section prevents the publication of reports or statistical compilations relating to research or studies that do not identify individual cases or sources of information or religious affiliations.
(3) The Administrator, a public health inspector or a medical officer who has provided assistance may not be compelled to give evidence in court or in proceedings of a judicial nature concerning knowledge of any of the matters referred to in subsection (1) gained in the exercise of a power or duty under this Act except as and to the extent that the Minister directs.
(4) Notwithstanding subsections (1) and (3), where a judge of the Supreme Court of Nova Scotia is satisfied, upon application, that it is in the public interest to do so, the judge may order the disclosure of any information or the giving of any evidence for the purpose of an inquiry authorized by the Governor in Council pursuant to the Public Inquiries Act.
(d) providing for the exemption from this Act or the regulations, or any part thereof, of any person or any class of persons or of any body art facility or any type or class of body art facility and prescribing the terms and conditions of the exemption;
(s) incorporating or adopting by reference, in whole or in part, a written standard, rule, regulation, guideline, code or document as it reads on a prescribed day or as it is amended from time to time;
34 Schedule B of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 30 of the Acts of 2002 and amended by Chapter 4 of the Acts of 2004 and Chapter 32 of the Acts of 2007, is further amended by adding immediately after "Retail Business Designated Day Closing Act" the following:
(iii) failing to ensure that all cosmetologists employed or otherwise engaged by the holder of a salon permit or school permit comply with the Safe Body Art Act and the regulations made pursuant to that Act;
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