BILL 23

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:

“inspector” means a person authorized and appointed pursuant to the by-laws. (inspecteur)

2                  Paragraph 6(1)(b) of the Act is amended

(a)          in subparagraph (iii) by striking out “annual” , and

(b)   in subparagraph (iv) by striking out “annual” and  substituting “renewal”

.

3                  Subsection 10(3) of the Act is amended by striking out “annual” and substituting “renewal”.

4                  Subsection 11(4) of the Act is repealed.

5                  Section 13 of the Act is amended

(a)   in subsection (1)

(i)      by striking out “one year” and substituting “two years”

, and

(ii)     by striking out “annually”

,

(b)   in subsection (2)

(i)      by striking out “90” and substituting “30”,

(ii)     by striking out “annual fee” and substituting “prescribed fees” and

(c)    by adding after subsection (3) the following:

13(4)          A member whose certificate of registration has been suspended or revoked shall immediately return his or her certificate of registration to the Registrar.

6                  The heading “REGISTRATION OF BARBER SHOP” preceding section 14 of the Act is repealed and the following is substituted:

BARBER SHOPS AND INSPECTIONS

7                  Section 14 of the Act is amended

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

14(1)          All persons who operate a premise or establishment where barbering services are offered shall hold a valid barber shop registration which shall be subject to annual renewals and conditions as prescribed by the by-laws.

(b)    by adding after subsection (2) the following:

14(3)          For the purpose of ensuring compliance with this Act or the by-laws, an inspector, or the Registrar acting as an inspector, may at any reasonable time and upon producing proof of appointment

(a)          enter any building or real property in the area for which he or she has the responsibility of conducting inspections,

(b)          require to be produced for inspection or for the purpose of obtaining copies or extracts, any documents or objects relevant to the inspection,

(c)          conduct tests, make inquiries and take samples, measurements, photographs or video recordings that the inspector considers necessary,

 and

(d)          perform any other duty or power prescribed by a by-law or regulation.

14(4)          A copy of a document certified by an inspector to be a true copy shall be received in evidence in any            proceeding to the same extent and shall have the same evidentiary value as the document itself.

14(5)          An inspector, shall upon completion of an investigation, report in writing to the Registrar who shall forthwith provide a copy of the report to the member.

14(6)          No person shall obstruct, or cause to be obstructed, an inspector while the inspector is performing duties under this Act.

14(7)          A inspector may request the assistance of a peace officer for the purpose of this section.

8 Section 16 of the Act is amended

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

16(1)          There shall be an annual meeting of the Association at such time and place as fixed in accordance with the by-laws.

(b)          by repealing subsection (4) and substituting the following:

16(4)          The Secretary-Treasurer shall give notice of the annual meeting to each member of the Association by whatever means is approved by Council at least twenty-one days before the meeting is to be held.

16(4.1)       The Secretary-Treasurer shall give notice of any special general meeting to each member of the Association by whatever means is approved by Council at least twenty-one days before the meeting is to be held stating the business to be considered at the meeting.

16(4.2)       The accidental omission to give notice of the annual meeting or special general meeting to any member or the non-receipt of the notice by any member does not invalidate anything done at the meeting.

9   Section 23 of the Act is amended

(a)          in subsection (1) by striking out “category H” and substituting “category E”,

(b)          by adding after subsection (2) the following:

23(3)          A person who violates or fails to comply with subsection 14(1) or (6) or subsection 15(1) or (3) or subsection 20(3) commits an offence punishable under Part II of the Provincial Offences Procedures Act as a category E offence.

23(4)          Where an offence under subsection (1) or (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 E 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 E offence multiplied by the number of days during which the offence continues.

23(5)          A prosecution for an offence under this Act shall be commenced within one year after the time it is alleged to have been committed.

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

10                Section 24 of the Act is amended by adding after subsection (4) the following:

24(5)          Nothing in this Act applies to or prevents:

(a)          the carrying on of any other occupation, calling or profession

authorized by an Act of the Province; or

(b)          the practice of cosmetology by a member of the Cosmetology Association of New Brunswick pursuant to the Cosmetology Act.

24(6)          Nothing in this Act shall be construed so as to alter

or in any way modify any provision of any of the Acts

referred to in subsection (5) or require a person to become

registered under this Act to perform any of the practices

referred to in paragraph 24(5)(b).

11                Section 25 of the Act is repealed and the following is substituted:

25(1)          No action lies against members, officers or directors of the Association, the Council, or any committees of the Association or its employees or agents for anything done in good faith under the provisions of this Act or the by-laws or for the neglect or default in the performance or exercise in good faith of any duty or power.

25(2)          No member shall be personally liable for any debt of the Association beyond the amount of that member’s unpaid dues, fees or other amounts for which a member may become liable under this Act or the by-laws.

25(3)          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.