Bill 116 - An Act to Amend An Act to Incorporate The New Brunswick Registered Barbers’ Association

BILL 116

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:

“demonstrator” means a person who is licensed in another jurisdiction as a barber or manufacturers’ representative who is temporarily in the Province to work in the barber occupation for demonstration purposes. (démonstrateur)

2 Subsection 8(4) of the Act is repealed and the following is substituted:

8( 4) The members of the Council shall be elected by the Association in the manner provided by the by-laws of the Association.

3 Subsection 10(1) of the Act is repealed and the following is substituted:

10( 1) The Council may enact such rules and regulations consistent with this Act as may appear useful or necessary and, in particular, without limiting the generality of the foregoing, regulate by rules and regulations:

(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.

4 Section 14 of the Act is amended by adding after subsection (7) the following:

14( 8) Upon the ex parte application of an inspector, a judge of The Court of Queen’s Bench of New Brunswick may issue a warrant authorizing the inspector to enter a building, receptacle or place and search for and examine or remove any thing described in the warrant if the judge is satisfied on information by oath or solemn affirmation that the inspector has been properly appointed and that there are reasonable grounds for believing that:

(a) the member being investigated has committed an act of professional misconduct, is incompetent or incapacitated, and

(b) there is in a building, receptacle or place any thing that will provide evidence in respect of the matter being investigated.

14( 9) An inspector entering and searching a place under the authority of a warrant issued under subsection (8) may be assisted by other persons and may enter a place by force.

14( 10) An inspector entering and searching a place under the authority of a warrant issued under subsection (8) shall produce identification and a copy of the warrant, upon request, to any person at that place.

14( 11) A person conducting an entry or search under the authority of a warrant issued under subsection (8) who finds anything not described in the warrant that the person believes on reasonable grounds will provide evidence in respect of the matter being investigated may seize and remove that thing.

5 Section 15 of the Act is amended by adding after subsection (1) the following:

15( 1.1) All persons who come to the Province to work in the barber occupation as a demonstrator must obtain a temporary certificate of registration under this Act.

15( 1.2) The temporary certificate of registration is valid for 90 days and is subject to the conditions as imposed by the by-laws and rules of the Association.

6 Subsection 19(3) of the Act is amended by striking out “and due notice of all such examinations shall be given by advertisement in one or more public newspapers”.

7 Subsection 20(4) of the Act is amended by striking out “one apprentice” and substituting “two apprentices”.

8 Section 23 of the Act is amended

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

23( 1.1) For the purpose of this Act, proof of the performance of one act in the practice of barbering on one occasion is sufficient to establish that a person has engaged in the practice of barbering, unless the act is being performed in the practice of cosmetology by a member of the Cosmetology Association of New Brunswick pursuant to the Cosmetology Act.

23( 1.2) For the purpose of this Act, a person practises barbering where that person engages in barbering for fee, gain or expectation of reward or remuneration.

(b) in subsection (4), in the portion preceding paragraph (a), by striking out “subsection (1) or (3)” and substituting “this Act”;

23( 5.1) The prosecution of an offence under this Act shall be conducted by the Registrar or a person authorized by the Council, unless the Attorney General or an agent of the Attorney General intervenes.

9 Section 25 of the Act is amended by adding after subsection (2) the following:

25( 2.1) A member who is liable to the Association for outstanding dues, fees or other amounts may be sued by the Association in the Small Claims Court of New Brunswick, under the Small Claims Act.