REVISED STATUTES, 1989
1 This Act may be cited as the Registered Barbers Act. R.S., c. 390, s. 1.
(b) "barbershop" includes all premises or part thereof wherein is carried on the business of shaving, or cutting, clipping, singeing or shampooing the hair or scalp, but does not include establishments where the foregoing services are rendered incidentally to the business of waving or dressing the hair, which establishments are commonly known as beauty shops or beauty parlours;
(b) do all such matters and things as will advance and protect the interests of the members of the Association in the trade and business of barbers, and protect the interest of the public in all matters relating thereto;
(c) do all such matters and things as are calculated to give the public a greater appreciation of the usefulness and competency of the members of the Association in the carrying on of their trade and business as barbers. R.S., c. 390, s. 5.
(b) enter into any contract with any other person, firm or corporation relating to the borrowing of money for the purposes of carrying out any of the objects of the Association and give security for any moneys so borrowed on any of the real or personal property of the Association by way of mortgage, pledge, charge or otherwise howsoever;
(e) fix the fees payable by any person upon being admitted as a member of the Association, annual fees, examination fees, fees payable for a certificate of registration and fees for registration as a registered apprentice;
(f) assess its members for any ordinary, special or extraordinary expenditures that may be deemed necessary or expedient to further any of the objects of the Association, and such assessment may be made in the manner provided by the by-laws of the Association;
(2) No by-law shall have any force or effect unless and until approved by the Governor in Council and no by-law shall be submitted to the Governor in Council unless and until it has been adopted by the Association at an annual or special meeting of the members of the Association, by a two-thirds majority vote of the members present at such meeting, and no by-law shall be amended, varied or repealed at any such meeting unless written notice of the intention to deal with the same, and a copy of every such proposed amendment, variation or repeal shall have first been given by the Secretary to each member of the Association at least fourteen days before the holding of such meeting, said notice and copy to be mailed to the member, postage prepaid, addressed to the last address of each member as shown on the register. R.S., c. 390, s. 6; revision corrected.
7 (1) There shall be paid to the estate of every deceased member out of the funds of the Association upon receipt by the Treasurer of proof of the death of such member satisfactory to the Treasurer, a death benefit in the amount of fifty dollars.
8 Any person who has complied with the by-laws of the Association, relating to the training, qualification, examination and admission of members, shall be eligible to become a member of the Association. R.S., c. 390, s. 8.
9 (1) Every person who, on the twenty-eighth day of March, 1942, was carrying on the trade of a barber in the Province may apply to the Association for membership in the Association, and upon it appearing from such application that such person possesses the qualifications, training and experience prescribed by the by-laws of the Association, shall upon payment of the fee prescribed therefor be entitled to be registered as a member of the Association in the manner prescribed by the by-laws.
(2) Any person who, on the twenty-eighth day of March, 1942, was carrying on the trade of a barber in the Province may, upon application to the Secretary of the Association, be granted a certificate of exemption from registration pursuant to this Act and the proper officer of the Association shall enter in a book to be kept for that purpose the name of every person applying for such certificate with the address at which that person resides and the address at which that person carries on business.
(4) Every person who, not being the holder of a certificate of registration or of exemption pursuant to this Act, carries on trade or business as a barber in a city or incorporated town having a population, according to the latest decennial census, exceeding five thousand, shall be liable to a penalty not exceeding one hundred dollars and in default of payment thereof to imprisonment for a period not exceeding two months.
10 Any person who becomes a resident of the Province and who is a duly registered member of an association of barbers of any province, or any other part of the British Commonwealth of Nations, or of the United States similarly constituted to this Association and which grants reciprocal privileges of membership therein, may, upon application to the Council, be admitted to membership in the Association on producing a certificate of membership in such other association. R.S., c. 390, s. 10.
11 No person who is suffering from tuberculosis or any other contagious or infectious disease shall be registered as a member of the Association and every person, applying for membership therein, shall furnish such medical certificate of freedom therefrom as the by-laws of the Association may prescribe. R.S., c. 390, s. 11.
12 Any member who is guilty of any violation of any provision respecting sanitation in barbershops and premises or sanitary precautions to be observed by barbers pursuant to the Health Protection Act or of the regulations made thereunder, or of the by-laws of any municipal corporation shall be forthwith dealt with by the Association as by the by-laws in such cases provided. R.S., c. 390, s. 12; 2004, c. 4, s. 117.
13 Every member of the Association shall be entitled to take and use the title "registered barber" and no person who is not a member of the Association shall take or use the title "registered barber" or any abbreviation thereof calculated to represent such non-member as being a registered barber, and any person who violates this Section shall be liable to a penalty of not more than twenty dollars, and such penalty shall be recoverable pursuant to the Summary Proceedings Act. R.S., c. 390, s. 13.
(3) No registered apprentice may independently practise barbering, but may, as an apprentice, do any or all of the acts constituting the practice of barbering under the immediate personal supervision of a registered barber or a barber holding a certificate of exemption.
(5) Nothing in this Section shall prevent any person, being an instructor or student, from doing any or all of the acts constituting the practice of barbering in a trade school registered pursuant to the Trade Schools Regulation Act. R.S., c. 390, s. 14.
(a) has practised as a registered apprentice under the immediate supervision of a registered barber, or of a barber holding a certificate of exemption, or has successfully completed the course of study in a trade school registered pursuant to the Trade Schools Regulation Act, in which barbering is taught;
(2) If such applicant fails to pass such examination the applicant may continue to practise as a registered apprentice as hereinbefore provided and may after three months again apply for another examination.
(4) Every person who holds a certificate of registration shall annually, on or before the fifteenth day of December, apply to the Registrar for a renewal thereof for the next ensuing year, and such renewal shall be granted upon payment of the annual fees prescribed by the by-laws.
(5) If any person holding a certificate of registration fails to pay the annual fees prescribed by the by-laws within three months of the date upon which such fees become payable, the Registrar, after issuing ten days notice by registered mail, addressed to the last known address of such person on the register, shall cause the name of such person to be struck off the register and such person shall thereupon cease to be deemed to be a member and his certificate of registration shall be deemed to have been revoked, provided that such person shall at any time within two years thereafter, upon paying such annual fees and any arrears thereof, be entitled to be reinstated as a member and to have a certificate of registration reissued to him.
(6) If an application is made two years after the name of such person is struck off the register, then such person shall only be entitled to be reinstated as a member and to have his certificate of registration reissued to him upon complying with the terms prescribed by the Council.
(7) A certificate purporting to be under the hand of the Registrar and bearing the seal of the Association shall be prima facie evidence in any court or elsewhere of the issuance of a certificate of registration or of the non-issuance thereof.
(8) No person shall wilfully have or attempt to have himself granted a certificate of registration or to be registered as a member or enrolled as a registered apprentice by making or producing or causing to be made or produced any false or fraudulent representation or declaration. R.S., c. 390, s. 15.
16 (1) There shall be a Board of Examiners consisting of such number of persons as may be determined by by-law, to examine such persons as from time to time apply to be examined and registered as apprentices or barbers pursuant to this Act.
(3) Every examiner appointed by the Minister of Advanced Education and Job Training shall be appointed for three years and must have practised the trade of barbering for at least ten years prior to his appointment.
(7) The Board of Examiners shall have power to examine such candidates, and upon their report to the Council that any candidate has passed the prescribed examinations, the Registrar shall sign and issue the requisite certificate.
18 (1) The Council may, upon application in writing to the Secretary by any member of the Association who at the time of making such application is carrying on the trade of a barber in the Province, who has attained the age of sixty-five years or who has satisfied the Council that he is unable to carry on the trade of a barber regularly due to ill health, grant to such member an honorary membership in the Association and issue a certificate to that effect.
(3) The Association, at any general meeting thereof, may, in recognition of the services to the Association of any person, elect such person as an honorary member of the Association and cause to be issued to such person a certificate to that effect, but such person shall not by reason of honorary membership have the right to carry on the trade of a barber in the Province nor hold any elective office in the Association nor be liable to pay any fees or assessments but shall be entitled to attend any meeting of the Association. R.S., c. 390, s. 18.
19 There shall be a Council of the Association of seven members, who shall be British subjects, and who shall have resided and carried on, or been employed in, the trade or business of a barber in the Province for at least five years. R.S., c. 390, s. 19.
(2) The President may call a meeting of the Council at such time and place as the President may determine and shall call a meeting of the Council when requested in writing by a majority of the members of the Council so to do. R.S., c. 390, s. 20.
21 The members of the Council shall be elected at the annual meeting of the Association, by sealed ballot, in the manner provided by the by-laws of the Association and shall hold office until their successors are duly elected. R.S., c. 390, s. 21.
24 (1) The President, Vice-president, Registrar, Secretary and Treasurer, shall be elected by the Association at the annual meeting and shall hold office for the period of one year and shall be eligible for re-election for further periods of one year each.
(2) The President and Vice-president shall be elected from among the persons elected as members of the Council and the Registrar, Secretary and Treasurer may be elected from among the members of the Association.
(3) The Secretary and 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 for such bond shall be paid out of the funds of the Association. R.S., c. 390, s. 24.
27 A special general meeting of the Association shall be held within thirty days after any request so to do, made in writing to the Council, signed by not less than twenty per cent of the members of the Association is lodged with the Secretary. R.S., c. 390, s. 27.
28 (1) Written notice of the annual general meeting and of any special general meeting of the Association shall be given by the Secretary at least fourteen days before the meeting is held to each member of the Association by mailing the same to each member, postage prepaid, at the member's last address as shown on the register.
29 (1) The Registrar shall issue to each member of the Association a certificate of membership, which shall be signed by the President or Vice-president and by the Registrar and shall bear the seal of the Association.
(4) Any member whose name has been removed from the register shall thereafter not be entitled to any of the rights or privileges conferred by this Act unless and until the member has been re-admitted as a member of the Association and the member's name again entered upon the register. R.S., c. 390, s. 29.