BILL 37

An Act to Amend An Act to Incorporate The New Brunswick Registered Barbers' Association

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:

1 Section 2 of An Act to Incorporate The New Brunswick Registered Barbers' Association, chapter 82 of the Acts of New Brunswick, 2007, is amended by adding the following definition in alphabetical order:

"barber pole" means a sign that is mechanical or not which is composed of a vertical cylinder or pole, with alternating stripes of any combination including red and white and blue, which run diagonally along the cylinder or pole, or any likeness thereof. (poteau de barbier)

2 Subsection 10(1) of the Act is amended

(a) in paragraph (d) by striking out the period at the end of the paragraph and substituting a semicolon;

(b) by adding after paragraph (d) the following:

(e) the display of a barber pole.

3 Section 23 of the Act is amended by adding after subsection (2) the following:

23(3) A person who violates subsection 14(1) or subsection 15(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

23(4) Where an offence under subsection (3) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category H offence multiplied by the number of days during which the offence continues.

23(5) A person who violates subsection 24(5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

23(6) Any penalty imposed under this Act, when recovered, shall be paid to the Association for its use.

4 Section 24 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

24(1) Nothing in this Act shall prohibit a member from holding a license issued under the provisions of the Cosmetology Act while holding a certificate of registration under this Act.

(b) by adding after subsection (4) the following:

24(5) Except as provided in this Act, no person or company shall use or display a barber pole as defined in this Act for the purpose of advertising hair services unless the establishment and personnel are registered under this Act.