BILL NO. 52

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003



Government Bill



Cosmetology Act
(amended)



The Honourable Angus MacIsaac
Minister of Education



First Reading: May 13, 2003

(Explanatory Notes)

Second Reading: May 20, 2003

Third Reading: May 22, 2003 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Subclause 1(1) repeals the definition of "Executive" and adds a definition of "Board".

Subclause 1(2) provides that a person practises cosmetology where that person engages in cosmetology for fee, gain or reward.

Clause 2 makes a wording change in Section 5 of the Act.

Clause 3 provides additional powers to the Association.

Clause 4 provides additional enforcement power.

Clause 5 changes the manner in which committee members are elected.

Clause 6 expands and clarifies the appeal procedure for examinations.

Clause 7 adds new provisions to the Act respecting complaints and discipline.

Clause 8

(a) provides the Provincial Examining and Licensing Committee with expanded powers of inspection;

(b) provides that no person shall obstruct the Committee in carrying out its duties;

(c) enables the Cosmetology Association to apply to court for an injunction in the event of a threatened or continuing violation of the Act or the by-laws respecting the practice of cosmetology; and

(d) adds provisions respecting a salon or school permit.

Clause 9 provides a general immunity clause and adds transitional provisions to the Act.

Clause 10 changes the term "Executive" to "Board" throughout the Act.

Clause 11 provides that the new clause 29B(b) comes into force on proclamation.

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An Act to Amend Chapter 5
of the Acts of 1995-96,
the Cosmetology Act

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:

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:

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

4 Chapter 5 is further amended by adding immediately after Section 10 the following Section:

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:

7 Sections 20 and 21 of Chapter 5 are repealed and the following Sections substituted:

8 Section 26 of Chapter 5 is repealed and the following Sections substituted:

9 Chapter 5 is further amended by adding immediately after Section 29 the following Sections:

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.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Updated May 23, 2003. Send comments to legc.office@gov.ns.ca.