BILL 115

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

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 Subsection 2(1) of an Act to Incorporate the Cosmetology Association of New Brunswick, chapter 48 of the Acts of New Brunswick, 1998, is amended

(a)  in paragraph (c) of the definition “aesthetician” by adding “facials,” after “cosmetic preparations,”;

(b)  in the definition “hairstylist”

( i) in the English version

( A) in paragraph (a) by striking out “appliances” and substituting “piece of equipment”;

( B) in paragraph (b) by striking out “appliances” and substituting “piece of equipment”;

( ii) by repealing paragraph (d) and substituting the following:

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

(c)  in paragraph (a) of the English version of the definition “make-up artist” by striking out “appliance” and substituting “piece of equipment”;

(d)  in the definition “technical cutting stylist”

( i) in paragraph (a) of the English version by striking out “appliance” and substituting “piece of equipment”;

( ii) by repealing paragraph (b) and substituting the following:

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

(e)  by adding the following definitions in alphabetical order:

“master cosmetologist” means a licensed cosmetologist who has obtained enhanced training and experience and who may gain certain rights and privileges. (maître cosmétologue)

“mobile cosmetologist” means a person who may provide cosmetology services to the public at more than one location. (cosmétologue mobile)

2 Section 8 of the Act is amended by adding after subsection (3) the following:

8( 4) No person shall work for compensation or offer services to the public with the expectation of remuneration in the areas of practice defined as cosmetology without a valid cosmetology licence issued under this Act.

3 Section 8.1 of the Act is amended by adding after subsection (6) the following:

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

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

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

4 Section 9 of the Act is amended

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

9( 1) There shall be a Board of Directors of the Association, elected by the members of the Association by such means as shall be provided for in the by-laws.

(b)  by adding after subsection (1) the following:

9( 1.1) The Board of Directors shall exercise such powers and authorities as shall be defined by this Act and the by-laws and policies made thereunder.

(c)  in subsection (2) by striking out “, elected at large at the annual meeting”;

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

9( 4) Members of the Board of Directors, including officers, shall hold office for a term of office to be fixed by the by-laws.

9( 5) In the event of a vacancy on the Board of Directors caused by the death, resignation or removal for cause of any member thereof, the Board of Directors shall name a replacement to serve the remainder of that member’s term.

5 The Act is amended by adding after section 10 the following:

10.1 No action lies against any officer, director or employee of the Association for any act or omission made in the good faith execution of their duties under this Act.

6 Section 17 of the Act is amended

(a)  by repealing paragraph (c) and substituting the following:

(c)  the composition, powers, duties, election, remuneration and term of office of the Board of Directors and the officers and committees thereof;

(b)  by repealing paragraph (h) and substituting the following:

(h)  the approval of standing policies of the Association;

(c)  by repealing paragraph (k) and substituting the following:

(k)  the approval of financial policies of the Association, including but not limited to the establishment and regulation of membership fees, and the appointment of auditors;

(d)  by repealing paragraph (l) and substituting the following:

(l)  all other matters incidental to the objects of the Association and this Act.

7 Subsection 18(8) of the Act is repealed.

8 Subsection 19(2) of the Act is amended by striking out “, in a registered school,”.

9 Section 25 of the Act is amended

(a)  in subsection (1) by striking out “certificates or”;

(b)  in subsection (2) by striking out “remains in force for 364 days from the date of issue or renewal and”;

(c)  in subsection (3) by striking out “three months” and substituting “30 days”.

10 Paragraph 26(2)(a) of the Act is repealed and the following is substituted:

(a)  given notice, in writing, by personal service or registered mail, of the allegations made against that person and the date of the disciplinary hearing; and

11 Section 30 of the Act is amended

(a)  by renumbering the section as subsection 30(1);

(b)  by adding after subsection (1) the following:

30( 2) Nothing in subsection (1) shall be interpreted so as to add, expand or amend any ground for judicial review of a decision of the Association beyond those already provided for in statute or common law.

12 The Act is amended by adding after section 32 the following:

32.1( 1) During the time when any emergency declaration under the Emergency Measures Act is in effect in all or part of the Province, the Board of Directors may:

(a)  vary the location, frequency or timing of any examination to be provided to any member or prospective member;

(b)  extend or waive any notice period for doing any thing under this Act;

(c)  waive or vary requirements for any meeting of the Board of Directors, the membership or committees thereof;

(d)  extend the term of any member of the Board of Directors to a period no more than 60 days beyond the termination of the emergency declaration.

32.1( 2) Any decision by the Board of Directors to exercise its discretion under this section shall be communicated to all members as soon as practicable by publication on the Association website or in a display advertisement in at least one daily newspaper distributed electronically throughout the Province.

13 Section 34 of the Act is repealed.