Bill 44 - An Act to Amend An Act to Incorporate the Cosmetology Association of New Brunswick

BILL 44

An Act to Amend An Act to Incorporate the Cosmetology Association of New Brunswick

WHEREAS the Cosmetology Association of New Brunswick wishes to make certain amendments to the Cosmetology Act; and

WHEREAS the Cosmetology Association of New Brunswick 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An Act to Incorporate the Cosmetology Association of New Brunswick, chapter 48 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

2(1) The following definitions apply in this Act, unless the context otherwise requires.

“aesthetician” means a member who is licensed pursuant to this Act to carry out any of the following services:

(a) manicuring, pedicuring or artificial enhancements of the nails of a person;

(b) massaging for relaxation only;

(c) cleansing, exfoliating or beautifying of the body or the face of a person either by hand or by the use of any mechanical application or appliance or by the use of cosmetic preparations, creams, antiseptics, tonics, lotions, with artificial light or similar preparations or compounds on any person;

(d) any depilatory applications, including waxing, sugaring and tweezing, but excluding the use of laser and needles; and

(e) any other act prescribed by the by-laws. (esthéticien or esthéticienne)

“Association” means the Cosmetology Association of New Brunswick. (Association)

“Board of Directors” means the Board of Directors of the Association. (Conseil d’administration)

“by-laws” means the by-laws of the Association. (règlements administratifs)

“certified cosmetologist instructor” means a member who has obtained the necessary qualifications as set out in the by-laws to provide instruction and education within a specified field of cosmetology. (instructeur agréé en cosmétologie or instructrice agréée en cosmétologie)

“Committee” means the Provincial Examining and Licensing Committee established pursuant to this Act. (Comité)

“cosmetologist” means a member who is licensed pursuant to this Act to practise cosmetology. (cosmétologue)

“cosmetology” means the work and services carried out by aestheticians, certified cosmetologist instructors, hairstylists, nail technicians, make-up artists, technical cutting stylists or specific cosmetologists. (cosmétologie)

“hairstylist” means a member who is licensed pursuant to this Act to carry out any of the following services:

(a) cutting of the hair with scissors, razors, thinning shears, clippers, trimmers or other appliances;

(b) clipping, bleaching, coloring, tinting, dressing, drying, curling, waving or permanently waving, chemical texturing, straightening and chemical straightening, cleansing, styling or the performance of similar work upon the hair of any person, either by hand or by the use of any thermal or mechanical application or appliances;

(d) shampooing of the hair, conditioning of the hair, and performing of scalp treatments, on any person;

(e) massaging, for relaxation only, of the scalp, neck and shoulders, of a person; and

(f) any other act prescribed by the by-laws. (coiffeur-styliste or coiffeuse-stylist)

“licence” means a licence in good standing issued by the Association pursuant to this Act and the by-laws. (permis)

“make-up artist” means a member who is licensed pursuant to this Act to carry out any of the following services:

(a) beautifying of the face and neck of a person by applying make-up, either by hand or by the use of any mechanical application or appliance; and

(b) any other act prescribed by the by-laws. (maquilleur or maquilleuse)

“member” means a person who is registered with the Association and who holds a valid licence, and for the purposes of disciplinary action or investigation under the Act or by-laws, includes a person whose membership has been suspended, revoked, expired or resigned. (membre)

“nail technician” means a member who is licensed pursuant to this Act to carry out any of the following services:

(a) manicuring, pedicuring or artificial enhancements of the nails of a person;

(b) massaging, for relaxation only, of the arms, legs, hand or feet of a person;

(c) cleansing or beautifying of the arms, legs, hands and feet of a person, either by hand or by the use of any mechanical application or appliance or by the use of cosmetic preparations, creams, artificial light or similar preparations or compounds on any person; and

(d) any other act prescribed by the by-laws. (technicien de l’ongle or technicienne de l’ongle)

“permit” means a permit to operate a salon or a school. (license d’exploitation)

“Provincial Office” means the Provincial Office of the Association. (bureau provincial)

“Registrar” means the Registrar of the Association. (registraire)

“salon” means a place of business at which cosmetology services are offered to the public for fee, gain or reward or at which a sign or advertisement is posted indicating the offering of such services. (salon)

“specific cosmetologist” means a member who holds a licence allowing only a defined scope of cosmetology practice, which defined scope may be prescribed by by-law. (cosmétologue à domaine restreint)

“technical cutting stylist” means a member who is licensed pursuant to this Act to carry out any of the following services:

(a) cutting of the hair with scissors, razors, thinning shears, clippers, trimmers, or other appliances;

(b) shampooing of the hair, conditioning of the hair, and performing of scalp treatments, on any person;

(d) preparation and application of wigs and artificial hair pieces;

(e) drying, by the use of thermal applications or mechanical device for styling the hair on any person; and

(f) any other act prescribed by the by-laws. (styliste en coupe technique)

2(2) For the purpose of this Act, a person practises cosmetology where that person engages in cosmetology for fee, gain or expectation of reward or remuneration.

2 Section 6 of the Act is repealed and the following is substituted:

6 A person may be granted a licence to practise cosmetology in one or more of the following capacities:

(a) an aesthetician;

(b) a certified cosmetologist instructor;

(d) a make-up artist;

(e) a nail technician;

(f) a specific cosmetologist;

(g) a technical cutting stylist; and

(h) any other licence category as prescribed by the by-laws.

3 Section 7 of the Act is repealed and the following is substituted.

7(1) Subject to subsection (2), no person shall practise cosmetology in any capacity or hold themselves out as being entitled to practise cosmetology in any capacity unless that person is registered to practise cosmetology in that capacity under this Act or the by-laws.

7(2) Any person who is enrolled as a student at an approved cosmetology school and who is duly registered as a student with the Association may perform the tasks, duties and functions constituting part of the course of study, subject to any terms, conditions or limitations as may be prescribed by the by-laws.

4 Subsection 8(3) of the Act is repealed and the following is substituted:

8(3) All persons who operate a premise or establishment where cosmetology services are offered shall hold a valid salon permit which shall be subject to annual renewals and conditions as prescribed by the by-laws.

5 The Act is amended by adding after section 8 the following:

8.1(1) No person other than a licensed cosmetologist shall be entitled to use the title “cosmetologist”, or any words or letters indicative of such designation.

8.1(2) No person other than a licensed aesthetician shall be entitled to use the title “aesthetician”, or any words or letters indicative of such designation.

8.1(3) No person other than a licensed hairstylist shall be entitled to use the title “hairstylist” or “hairdresser”, or any words or letters indicative of such designations.

8.1(4) No person other than a licensed make-up artist and a licensed aesthetician shall be entitled to use the title “make-up artist”, or any words or letters indicative of such designation.

8.1(5) No person other than a licensed nail technician and a licensed aesthetician shall be entitled to use the title “nail technician”, or any words or letters indicative of such designation.

8.1(6) No person other than a licensed technical cutting stylist and a licensed hairstylist shall be entitled to use the title “technical cutting stylist”, or any words or letters indicative of such designation.

8.2(1) A member of the Association shall not be considered a barber under the provisions of the Registered Barbers’ Act, chapter 82 of the Acts of New Brunswick, 2007.

8.2(2) A member of the Association, while carrying on the trade or practice of cosmetology as defined under this Act, shall not be subject to the provisions of the Registered Barbers’ Act, chapter 82 of the Acts of New Brunswick, 2007.

6 Subsection 9(2) of the Act is repealed and the following is substituted:

9(2) The Board of Directors shall be composed of nine members, including officers, elected at large at the annual meeting.

7 Section 10 of the French version of the Act is amended by striking out “administrateurs” and substituting “dirigeants”.

8 Section 14 of the Act is repealed.

9 Section 15 of the Act is repealed.

10 Paragraph 17(g) of the Act is amended by adding “, amendment or revocation of the member’s licence or any permit” after “suspension”.

11 Subsection 25(1) of the Act is repealed and the following is substituted:

25(1) All certificates or licences issued pursuant to this Act or the by-laws shall be posted and kept posted in a conspicuous place in the premises where the person named therein practises cosmetology.

12 Section 26 of the Act is repealed and the following is substituted:

26(1) Subject to subsection (2), the Committee may amend, suspend or revoke any licence or permit upon the passing of a resolution by the Committee declaring that the holder of a licence or permit is, in the opinion of the Committee, unfit to have a licence or permit by reason of

(a) failure or neglect to keep the person’s place of business in a clean and sanitary condition;

(b) failure to comply with regulations made pursuant to Provincial and Federal statutes which apply to maintaining a public place;

(d) failure to maintain the standards of the practice of cosmetology due to incompetence or incapacity.

26(2) Prior to a licence or permit being amended, suspended or revoked pursuant to subsection (1), the holder of a licence or permit shall be

(a) notified, in writing, by personal service or registered mail, of the reasons for the amending, suspension or revocation; and

(b) permitted to make full answer and defence to all allegations made against that person and to have witnesses examined and cross examined by counsel on behalf of that person.