3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003
The Honourable Angus MacIsaac
Minister of Education
First Reading: May 13, 2003 (LINK TO BILL AS INTRODUCED)
Second Reading: May 20, 2003
Third Reading: May 22, 2003 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 22, 2003
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, as amended by Chapter 16 of the Acts of 2002, is further amended by
(a) adding immediately after clause (a) the following clause:
(aa) "Board" means the Board of Directors of the Association;
and
(b) striking out clause (e).
(2) Section 2 of Chapter 5, as amended by Chapter 16 of the Acts of 2002, is further amended by adding immediately after subsection (4) the following subsection:
(5) For the purpose of this Act, a person practises cosmetology where that person engages in cosmetology for fee, gain or hope of reward.
2 (1) Subsection 5(4) of Chapter 5 is amended by adding "hope of" immediately after "or" in the third line.
(2) Subsection 5(7) of Chapter 5, as enacted by Chapter 16 of the Acts of 2002, is amended by adding "hope of" immediately after "or" in the fourth line.
3 Subsection 10(1) of Chapter 5, as amended by Chapter 16 of the Acts of 2002, is further amended by adding immediately after clause (b) the following clauses:
(ba) employ an Executive Director and such other staff that the Board determines are appropriate;
(bb) subject to the approval of the Governor in Council, make by-laws not inconsistent with this Act respecting
(i) a Code of Ethics and Professional Conduct,
(ii) disciplinary procedures,
(iii) committees, including the election of committee members, the length of term of office of committee members and the fees, salaries and travel expenses of committee members,
(iv) inspections;
4 Chapter 5 is further amended by adding immediately after Section 10 the following Section:
10A The Committee, and any person authorized in writing by the Committee, the Registrar, the Executive Director, the Discipline Committee and the Hearing Committee have all the powers necessary to carry out their duties and functions pursuant to this Act and the by-laws.
5 (1) Subsection 12(2) of Chapter 5, as amended by Chapter 16 of the Acts of 2002, is further amended by
(a) adding ", one of whom shall be a hairdresser and one of whom shall be an esthetician" immediately after "Council" in the second line of clause (a); and
(b) adding ", four of whom shall be hairdressers and two of whom shall be estheticians" immediately after "Association" in the second line of clause (b).
(2) Subsection 12(4) of Chapter 5 is amended by striking out "at an annual general meeting from a list provided by the Executive" in the second and third lines.
6 Subsection 15(5) of Chapter 5 is repealed and the following subsections substituted:
(5) Any person who fails to pass the examination set by the Committee may, within thirty days of receipt of the results of the examination, appeal to the Committee and the Committee shall review the results and may uphold, vary or reverse the result.
(6) Where a person who has brought an appeal under subsection (5) is not satisfied with the result, or if the Committee does not make a decision within thirty days of receipt of the appeal, the Committee shall refer the appeal to the Board and the Board may
(a) uphold, vary or reverse the result; or
(b) remit the matter back to the Committee for re-examination or reconsideration.
7 Sections 20 and 21 of Chapter 5 are repealed and the following Sections substituted:
20 The objects of the disciplinary process are the protection of the public and the preservation of the integrity of the practice of cosmetology.
21 In Sections 21A to 21L,
(a) "complaint" means a notice in writing to the Association from any person authorized under this Act indicating possible professional misconduct of a licensed cosmetologist;
(b) "disciplinary process" means the process described in Sections 21A to 21L and the by-laws;
(c) "professional misconduct" means the following conduct or acts or failures to act by a licensed cosmetologist relevant to the practice of cosmetology that make the licensed cosmetologist unfit to have a licence by reason of
(i) failing to uphold the Code of Ethics and Professional Misconduct,
(ii) habitual drunkenness,
(iii) addiction to habit forming drugs,
(iv) gross incompetence,
(v) disease,
(vi) failure or neglect to keep the licensed cosmetologist's or a salon or school permit holder's place of business in a clean and sanitary condition,
(vii) failure to comply with the regulations under the Health Act,
(viii) conviction of an indictable offence under the Criminal Code (Canada), or
(ix) failing to maintain the Association's standards for cosmetology;
(d) "respondent" means a licensed cosmetologist against whom a complaint is made.
21A (1) The Board shall appoint a Discipline Committee comprised of such licensed cosmetologists as determined by the Board.
(2) The Board shall appoint a Chair and a Vice-chair of the Discipline Committee.
(3) The Vice-chair shall act as Chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting, the Board may, for the purpose of such meeting, appoint a member of the Discipline Committee as Chair of the Discipline Committee.
(5) Failure of one or more Discipline Committee members to receive any notice of a meeting does not invalidate the proceedings of the Discipline Committee and nothing precludes the members from waiving notice of meetings.
(6) All Discipline Committee decisions require the vote of a majority of the Discipline Committee.
(7) Where a proceeding is commenced before the Discipline Committee and the term of office of any person sitting on the Discipline Committee expires, that person may remain a member of the Discipline Committee until the proceeding is concluded.
21B (1) A complaint may be initiated by
(a) a licensed cosmetologist;
(b) any body corporate or association; or
(c) any other person.
(2) A complaint shall be signed by the complainant and submitted to the Executive Director.
21C Within thirty days of receipt of a complaint, the Executive Director shall either informally resolve the complaint and take no further action or forward the complaint to the Discipline Committee.
21D (1) Where the Discipline Committee receives a complaint from the Executive Director pursuant to Section 21C, the Discipline Committee shall conduct an investigation, which may include a preliminary investigation, to gather facts from the complainant and the respondent, including meeting with the complainant and the respondent together if the Discipline Committee wishes, and take such steps as the Discipline Committee considers necessary to investigate the complaint.
(2) The Discipline Committee shall, after reviewing all the facts,
(a) dismiss the complaint, if the Discipline Committee determines that the complaint is not within the jurisdiction of the Association or is otherwise incapable of substantiation or is frivolous or vexatious; or
(b) refer the complaint to the Hearing Committee, if the Discipline Committee determines that the matters pertaining to the complaint warrants a hearing.
(3) The Discipline Committee shall provide an oral and written explanation of the Discipline Committee's decision to the complainant and the respondent and report the decision to the Board and the Board shall strike a Hearing Committee to undertake a hearing.
21E (1) The Board shall appoint a Hearing Committee comprised of two members of the Committee and one senior licensed cosmetologist.
(2) The Board shall appoint a Chair and a Vice-chair of the Hearing Committee.
(3) The Vice-chair shall act as Chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting or a hearing, the Board may, for the purpose of such meeting or hearing, appoint a member of the Committee as chair of the Hearing Committee.
(5) Any two members on the Hearing Committee constitute a quorum.
(6) No person on the Hearing Committee may concurrently serve on the Discipline Committee.
(7) Failure of one Hearing Committee member to receive any notice of a meeting does not invalidate the proceedings of the Hearing Committee and nothing precludes Hearing Committee members from waiving notice of meetings.
(8) All Hearing Committee decisions require the vote of a majority of the Hearing Committee.
(9) Where a proceeding is commenced before the Hearing Committee, and the term of office of any person sitting on the Hearing Committee expires, that person may remain a member of the Hearing Committee until the proceeding is concluded.
21F Where the Discipline Committee refers a complaint to the Hearing Committee, the Executive Director shall notify, in writing, the complainant and the respondent of the place, time and date of the hearing.
21G In a proceeding before the Hearing Committee, the parties may be represented by counsel.
21H (1) Where the Hearing Committee finds professional misconduct, the Hearing Committee may
(a) reprimand the respondent;
(b) fine the respondent in an amount not exceeding two hundred dollars;
(c) impose conditions on the right to practise cosmetology, including requiring the respondent to
(i) obtain medical treatment,
(ii) obtain psychological counseling,
(iii) obtain drug or alcohol counseling or treatment,
(iv) engage in continuing education or upgrading programs to the satisfaction of the Committee, including take examinations administered by the Committee,
(v) make arrangements to pay any fine or costs ordered;
(vi) suspend the respondent's cosmetology licence for a term not exceeding six months; or
(vii) revoke the respondent's cosmetology licence.
(2) The Hearing Committee may assess costs against the respondent for all or part of the costs of the investigation by the Discipline Committee and the proceedings before the Hearing Committee, including the cost of counsel for the Association.
21I Any person whose licence has been either suspended for more than ninety days or revoked may, after the expiration of ninety days, apply to the Committee to have the licence re-issued upon proof satisfactory to the Committee that the person is a fit and proper person to hold the licence and is otherwise qualified under this Act.
21J Any person whose licence is suspended or revoked, or any person who feels aggrieved or is affected by any order or decision of the Hearing Committee, may appeal to a judge of the Supreme Court of Nova Scotia at any time within three months from the date of the suspension, revocation, order or decision and the judge may make an order varying, confirming or reversing, either in whole or in part, the suspension, revocation, order or decision appealed from.
21K The Executive Director shall report all complaints and decisions to the Board and the Board shall report the same to the Association at the annual general meeting with the names of the respondent removed for complaints that have been dismissed.
21L The Executive Director shall place a notice of the suspension or revocation of a licence in the Association newsletter and, in the case of a revocation of a licence, the Hearing Committee may order a publication of a notice of revocation in a newspaper circulating in the community where the respondent resides and may order that the cost of the publication be recovered as part of any costs awarded against the respondent.
8 Section 26 of Chapter 5 is repealed and the following Sections substituted:
26 (1) The Committee, or any person authorized in writing by the Committee, for the purpose of ascertaining whether the requirements of this Act or any other laws respecting the conduct of the practice of cosmetology are being properly carried out, may, from time to time,
(a) enter and inspect during business hours all places in which, and equipment and materials with which, cosmetology is practised or where any sign, card or other device is displayed or any advertisement circulated indicates that cosmetology is being practised;
(b) require the production of a book, payroll or record and inspect and make a copy of or extract from it and remove it temporarily to make copies;
(c) inquire into matters that relate to whether the requirements of this Act or any other laws respecting the conduct of the practice of cosmetology are being properly carried out.
(2) No person shall obstruct the Committee or a person authorized by the Committee in exercising the powers conferred on the Committee or that person by this Section.
26A (1) In the event of a threatened or continuing violation of this Act or any other laws respecting the conduct of the practice of cosmetology, the Association may apply to a judge for an injunction to restrain the person from continuing or committing the violation and the judge, where the judge deems it to be just, may grant such an injunction.
(2) A judge may, on application, grant an interim injunction pending the hearing of an application for an injunction pursuant to subsection (1) if the judge is satisfied that there is reason to believe that a person is likely to commit or is continuing to commit a violation of this Act or any other laws respecting the conduct of the practice of cosmetology.
(3) A judge may make such orders as to costs as the judge considers appropriate in any proceedings pursuant to this Section.
26B Notwithstanding Section 6, no person shall own or operate a salon or school, where the salon or school is a place where cosmetology is practised, unless that person holds a permit issued pursuant to Section 26D.
26C A person who wishes to apply for a salon permit or a school permit shall
(a) satisfy the Committee, by providing to the Committee an undertaking prescribed by the Committee, that the person will ensure that all cosmetologists employed or otherwise engaged by the person at the place will fulfill their professional responsibilities under this Act and the by-laws;
(b) if the person is applying for a permit for a salon or school that is a private career college within the meaning of the Private Career Colleges Regulation Act, satisfy the Committee that, by providing a copy of the registration of the college under the Private Career Colleges Regulation Act, a certificate of registration has been issued pursuant to that Act that applies to the college; and
(c) pay to the Association the fee prescribed in the by-laws.
26D Where a person meets the requirements of Section 26C, the Committee shall issue a salon permit or a school permit in such form as may be determined by the Committee, signifying that the person may own or operate a salon or school, as the case may be, in the Province.
26E For the purpose of subsection 17(2), "licence" includes a permit issued under Section 26D.
26F Sections 21A to 21L apply mutatis mutandis to a holder of a salon permit or a school permit as if the holder of a permit were a licensed cosmetologist, subject to the following:
(a) the reference to "professional misconduct" in clause 21(c) shall not mean the definition provided in that clause, but shall be read to mean failing to ensure that all cosmetologists employed or otherwise engaged by the holder of a salon permit or school permit fulfill their professional responsibilities under this Act and by-laws;
(b) the reference to "licensed cosmetologists"in subsection 21A(1) does not include holders of a salon permit or school permit;
(c) the reference to a "licensed cosmetologist" in clause 21B(1)(a), includes a holder of a salon permit or a holder of a school permit; and
(d) the reference to "licensed cosmetologist"in subsection 21E(1) does not include holders of a salon permit or school permit.
26G A salon or school permit issued by the Association to a person after the coming into force of this Act, excluding a permit issued under subsection 28(2), is deemed to have been issued under Section 26D.
9 Chapter 5 is further amended by adding immediately after Section 29 the following Sections:
29A (1) No action for damages lies against the Committee, any person authorized in writing by the Committee, the Registrar, the Executive Director, any committee, including the Discipline Committee and the Hearing Committee, or any member, officer or employee of the Association,
(a) for any act or failure to act or any proceeding initiated or taken in good faith in carrying out their duties or obligations under this Act or the by-laws; or
(b) for any decision, order or resolution made or enforced in good faith under this Act or the by-laws.
(2) No action lies against any person for the disclosure of any information or document pursuant to this Act or the by-laws, provided the disclosure is made in good faith.
29B Notwithstanding anything contained in this Act,
(a) the amendments made by the Association on November 14, 1999, to the by-laws of the Association are deemed to have been made on November 2, 2002, pursuant to this Act as amended by Chapter 16 of the Acts of 2002; and
(b) a person may be admitted to the study of cosmetology in a public school on or before September 1, 2005, and may be issued a student card and entitled to write the Provincial cosmetology exam for the cosmetology program to which the student was admitted.
10 Chapter 5, as amended by Chapter 16 of the Acts of 2002, is further amended by striking out "Executive" or "Executive of the Association" wherever it appears and substituting in each case "Board".
11 Clause 29B(b) of Chapter 5, as enacted by Section 9, comes into force on such day as the Governor in Council orders and declares by proclamation.