BILL NO. 87

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Government Bill

Cosmetology Act
(amended)

The Honourable Jane S. Purves
Minister of Education

First Reading: November 9, 2001

(Explanatory Notes)

Second Reading: November 13, 2001

Third Reading: May 28, 2002 (WITH COMMITTEE AMENDMENTS)

Subclause 1(1)

(a) expands the definition of cosmetology by

(i) including within the definition, in addition to the present reference to the massaging, cleansing and beautifying of the scalp, face, neck, arms or legs, a reference to the massaging, cleansing and beautifying of other parts of the body,

(ii) including in the definition a reference to mechanical process, in addition to the present references to application or appliance, as a method by which the massaging, cleansing and beautifying is done, and

(iii) including in the definition a reference to oils, in addition to the present references to cosmetic preparations, creams or similar preparations or compounds, as a substance that is used in massaging, cleansing or beautifying;

and

(b) adds a new definition to the Cosmetology Act.

Subclause 1(2) repeals a provision that provided that, for the purpose of the Act, a person practises cosmetology where that person engages in cosmetology for fee, gain or reward and replaces it with a new provision.

Clauses 2 and 3 add new provisions to the Cosmetology Act.

Clause 4 adds to the by-law making powers of the Cosmetology Association of Nova Scotia.

Clause 5 increases from three to six the number of licensed cosmetologists that are elected to the Provincial Examining and Licensing Board by the membership of the Cosmetology Association of Nova Scotia.

Clause 6 adds a further requirement that must be met by an applicant for a licence.

Clause 7 corrects a spelling error.

Clause 8 adds a new provision to the Act.

Clause 9 provides that these amendments come into force upon proclamation.

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 2(1) of Chapter 5 of the Acts of 1995-96, the Cosmetology Act, is amended by

(a) striking out "or legs" in the fourth line of subclause (d)(ii) and substituting ", legs or other parts of the body";

(b) adding "process," immediately after "mechanical" in the fifth line of subclause (d)(ii);

(c) adding ", oils" immediately after "creams" in the seventh line of subclause (d)(ii); and

(d) adding immediately after clause (h) the following clause:

(ha) "recognized school" means a community college governed by the Community Colleges Act or a private career college within the meaning of the Private Career Colleges Regulation Act and operated by a person who holds a certificate of registration issued pursuant to the Act that applies to the college;

(2) Subsection 2(2) of Chapter 5 is repealed and the following subsection substituted:

(2) Nothing in this Act permits any person to engage in the profession of physiotherapy or the profession of massage therapy or to hold oneself out as qualified to do so.

2 (1) Section 5 of Chapter 5 is amended by adding immediately after subsection (2) the following subsections:

(2A) A course of study in cosmetology may only be given or conducted by a recognized school.

(2B) No person shall be admitted to a course of study in cosmetology unless that person holds a student card issued pursuant to this Act permitting that person to study cosmetology in a recognized school.

(2C) A person does not violate subsection (1) by reason only of taking a course of study in cosmetology at a recognized school and engaging in any activity that such person is required to engage in as a result of being a student in the course.

(2) Section 5 of Chapter 5 is further amended by adding immediately after subsection (6) the following subsections:

(7) Notwithstanding anything contained in this Section, nothing in this Section prohibits a person from engaging in cosmetology if that person is not doing so for fee, gain or reward.

(8) A person is deemed to be practising cosmetology if that person is engaged in cosmetology in a place where any sign, card or other device is displayed indicating that cosmetology is being practised at that place.

3 Section 6 of Chapter 5 is amended by adding immediately after subsection (2) the following subsections:

(3) Every person who operates a place of business where cosmetology is practised may only employ, or be associated with, in the business of cosmetology persons who are licensed pursuant to this Act.

(4) A person is deemed to be operating a place where cosmetology is practised if any sign, card or other device is displayed indicating that cosmetology is being practised at that place unless it is established, on a balance of probabilities, that cosmetology is not being practised at that place.

4 Clause 10(1)(c) of Chapter 5 is amended by adding ", respecting the qualifications a person must have in order to hold a student card, designating which persons may issue student cards and the curriculum required in order to satisfy Sections 13 and 16" immediately after "held" in the fifth line.

5 Clause 12(2)(b) of Chapter 5 is amended by striking out "three" in the first line and substituting "six".

6 Subsection 13(1) of Chapter 5 is amended by adding immediately after clause (a) the following clause:

(aa) satisfying the Committee that the person has completed the educational requirements prescribed by the by-laws;

7 Subsection 15(1) of Chapter 5 is amended by striking out "Commitee" in the third line and substituting "Committee".

8 Section 18 of Chapter 5 is amended by adding "(1)" immediately after the Section number and adding the following subsection:

(2) No person who is licensed to practise cosmetology in the capacity of a junior cosmetologist shall practise cosmetology except under the direct supervision of a person who is licensed to practise cosmetology in the capacity of a master cosmetologist or master cosmetologist instructor and in a recognized school or in a place of business that may be operated as a place of business where cosmetology is practised.

9 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.