An Act to Incorporate The
WHEREAS, The New Brunswick Registered Barbers' Association prays that it be enacted as hereinafter set forth;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
SHORT TITLE
1 This Act may be cited as the "Registered Barbers' Act".
DEFINITIONS
2 The following definitions apply in this Act.
"apprentice" means a junior barber who has not obtained full license but has completed a course of study and requires supervision. (apprenti)
"Association" means The New Brunswick Registered Barbers' Association. (Association)
"barber" means a person who carries on business for remuneration in a barber shop as defined in section 22. (barbier)
"Board" means the Board of Barber Examiners as appointed under section 17. (Bureau)
"certificate of qualification" means a certificate issued by the Board to indicate the successful completion of a specific category of barbering. (certificat de compétence)
"certificate of registration" means a certificate issued by the Association to permit a member to carry on the trade or practice of a barber. (certificat d'immatriculation)
"Council" means the board of directors. (conseil)
"master barber" means a barber who has obtained the knowledge required to instruct or otherwise give advice and knowledge to all other categories of barbers. (maître barbier)
"member" means a person or company holding registration under this Act. (membre)
"registered barber" means a barber who has completed a term of apprenticeship and granted full rights to practice without supervision. (barbier immatriculé)
"student" means a person enrolled in an authorized school or indentured in a registered barber shop. (étudiant)
HEAD OFFICE
3 The head office of the Association shall be in The City of Saint John.
ASSOCIATION CONTINUED
4 The New Brunswick Registered Barbers' Association, incorporated by An Act to Incorporate The New Brunswick Registered Barbers' Association, chapter 60 of 7 Elizabeth II, 1958, which Act was repealed by An Act to Incorporate the Cosmetology Association of New Brunswick, chapter 48 of the Acts of New Brunswick, 1998, is hereby continued as a body corporate and politic without share capital under the name "The New Brunswick Registered Barbers' Association" and subject to the Act, has the capacity, rights, powers and privileges of a natural person.
OBJECTIVES
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
(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 barbering, including the required knowledge, skill, efficiency, proficiency and accountability.
BY-LAWS
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 annual renewal of such registration,
(iv) the fees payable by any person upon being admitted as a member of the Association, annual 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 kilometrage 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 7 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 New Brunswick for at least 5 years.
8(2) The Council of the Association shall consist of the President, Vice President, Registrar, Secretary-Treasurer and 3 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 3 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 4 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.
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.
REGISTRAR
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 readmitted as a member of the Association and his or her name again entered upon the said register.
11(4) Any member who has been removed from the register for more than 6 months and still continues to be employed or engaged in the services of a barber, shall be considered not to be registered and shall be subject to subsection 23(1) of this Act.
11(5) The Council by by-law may determine reasons that a member may be removed from the register, and the conditions for readmission, and such by-laws shall not be inconsistent with any provision of this Act.
11(6) 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(7) The absence of the name of any person from a copy of the register certified in accordance with subsection (6) 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 New Brunswick and can show proof of experience of not less then 5 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 Court of
Queen's Bench of
12(6) Any person
who is licensed or registered in another jurisdiction and becomes a resident of
(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 one year from the date of issue and shall be renewed annually by the Registrar upon application and payment of the prescribed fees.
13(2) A certificate of registration that is not renewed after 90 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.
REGISTRATION OF BARBER SHOP
14(1) All premises that carry on the trade of a barber shall be registered as a barber shop and subject to inspection by the Board without advanced notice.
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.
MEMBERSHIP AND DESIGNATION
15(1) All
practicing barbers in the
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 MEEETINGS
16(1) The annual meeting of the Association shall be held on the second Monday of September of each year at such time and place as the Council may determine.
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) Written notice of the annual meeting or any special general meetings of the Association shall be sent by the Secretary-Treasurer at least 14 days before such meeting by regular mail, postage paid, to the last address shown on the register.
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 2 year appointments, and each examiner shall be permitted to one additional 2 year appointment, after which such examiner shall not be eligible for reappointment 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 chairperson.
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 a 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 advertisement in one or more public newspapers.
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 3 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 6 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.
EDUCATION
20(1) Any person is entitled to receive a registration as a registered student provided that he or she
(a) is not less than 15 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 16 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 18 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 of 2 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 20 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 of 2 years as a registered barber acquiring 4500 hours of practical experience under a registered barber or master barber;
(e) has taken an instructional technique course from a school registered 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.
OCCUPATION AND PREMISES DEFINED
22(1) In this Act and in any by-laws made thereunder 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, colouring, bleaching and tinting the hair; 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, creams, 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, colouring, bleaching and tinting the hair; 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 Part II of the Provincial Offences Procedure Act as a category H offence.
23(2) Any information alleging an offence under this Act may be laid in accordance with the Provincial Offences Procedure Act in the name of the Association on oath or solemn affirmation of the Registrar or of a person authorized by the Council.
EXCLUSIONS
24(1) A member of the Association shall not be considered a cosmetologist under the provisions of the Cosmetology Act.
24(2) 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(3) A member of the Cosmetology Association of New Brunswick 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(4) A member of the Cosmetology Association of New Brunswick shall be granted registration as a barber shop without inspection provided he or she holds a valid Salon Proprietor licence, and pays the fees prescribed by by-law.
GENERAL
25 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.
TRANSITIONAL
26(1) Nothing in the Act shall affect the powers 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 New Brunswick Registered Barbers' Association shall, notwithstanding any conflict with the Act, continue in force and have effect as if made under the Act.
AMENDMENTS
27 An Act to Incorporate the Cosmetology Association of New Brunswick, chapter 48 of the Acts of New Brunswick, 1998 is amended
(a) by repealing paragraph 2(1)(b); and
(b) by repealing subsection 7(3).