An Act respecting The Ontario Barber Association — Private Bill PR44 (39th Parliament, 2nd Session)

Bill PR44, 39-2

Ontario — Bills

2ND SESSION, 39TH LEGISLATURE, ONTARIO 60 ELIZABETH II, 2011 Bill Pr44

An Act respecting The Ontario Barber Association Ms DiNovo Private Bill 1st Reading February 24, 2011 2nd Reading 3rd Reading Royal Assent Printed by the Legislative Assembly of Ontario

EXPLANATORY NOTE The purpose of the Bill is set out in the

Preamble.

Bill Pr44 2011

An Act respecting The Ontario Barber Association

Preamble The Ontario Barber Associa tion has applied for special legislation to enable it to govern and discipline its mem- bers and to grant to its members the exclusive right to use the designations “registered student barber”, “registered apprentice barber”, “registe red barber” and “registered master barber”. The applicant represents that it is a corpo- ration. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows:

Definitions 1.

In this Act, “Association” means The Ontario Barber Association; “barber” means a person who performs any of the follow- ing services on a person for remuneration in a barber shop: shaving, cutting hair, clipping with scissors, clip- pers or other appliance, shampooing and dry shaving; “barber shop” includes all premises or parts of premises where the services of shaving, cutting hair, clipping with scissors, clippers or other appliances, shampooing and dry shaving are provided, but does not include an establishment where such se rvices are provided inci- dentally to the business of waving or dressing the hair or performing manicures or pedicures, or where cos- metic preparations, creams or artificial lighteners are applied; “board” means the board of directors of the Association.

Association continued 2.

(1) The Ontario Barber Association is continued as a corporation without share capital. Members of association

(2) The Association is composed of its registered members. Continuation of present board

(3) The members of the board of the Association and the officers of the Association in office immediately be- fore this Act comes into force are continued in office until their successors are appointed or elected under this Act. Letters patent revoked

(4) The letters patent of the Association are hereby revoked, but the revocation does not affect the rights or obligations of the Association or any by-law, resolution or appointment of the A ssociation except to the extent that the by-law, resolution or appointment is inconsistent with this Act. Special Act corporation

(5) The Association is deemed to be a corporation in- corporated by a special Act. Objects 3. The objects of the Association are, (

a) to establish, maintain and enforce a standard of professional ethics and competence among its members; (

b) to promote and contribute to the study and practice of barbering in Ontario; (

c) to establish beneficial relationships with other groups or associations that have similar interests; (

d) to govern the membership of the Association in accordance with this Act and the by-laws; and (

e) to establish, maintain, develop and enforce stan- dards of qualification among its members for the practice of barbering, including standards regard- ing the knowledge, skill, efficiency, proficiency and accountability of barbers. Powers 4. The Association has the capacity and the rights, powers and privileges of a natural person. Board of directors 5.

(1) The affairs of the Association shall be managed by its board of directors. Elections

(2) The manner of electing the members of the board, the notice to the electors of th e time and place of holding elections, the nomination of candidates, the qualifications of candidates and of voters, the presiding officers at elec- tions, the taking and counting of votes, the filling of va- cancies on the board and other necessary details relating to the election of members to the board of directors shall be as set out in the by-laws. Term of office

(3) The term of office for a member of the board is one year and a member may be re-elected for further periods of one year each.

ONTARIO BARBER ASSOCIATION ACT, 2011 2 Meetings

(4) The time and place for meetings of the board or of the Association, the manner of calling meetings, the cir- cumstances in which a meeting is required to be held, the conduct of a meeting and the quorum required for a meet- ing shall be as set out in the by-laws. Committees

(5) The board may appoint special committees for the purpose of carrying out its objects and a special commit- tee shall operate in accordance with any relevant by-laws. Validity of instruments

(6) A written resolution, report, recommendation, deci- sion, finding or order of the board or any committee of the board that is signed by all directors or persons entitled to vote on the resolution, report, recommendation, decision, finding or order, is as valid as if passed, enacted, deter- mined or made at a meeting of the board or committee. By-laws 6.

(1) The board may pass by-laws regarding such matters as are necessary to conduct the business and carry out the objects of the Association. Same

(2) Without restricting the generality of subsection (1), the board may pass by-laws, (

a) governing admission to the Association and regis- tration as a member, and the renewal of such regis- tration; (

b) regulating and governing the conduct of members of the Association in the practice of their business or profession, by prescribing a code of ethics, rules of professional conduct and standards of practice; (

c) providing for the suspension, expulsion or other penalty for professional misconduct, incapacity or incompetence or for contravention of the by-laws; (

d) governing the investigation of complaints against a member; (

e) recognizing schools and barbering courses that provide the training required to become a regis- tered member of the Association; (

f) governing the holding and conduct of examinations of candidates for registration as registered appren- tice barbers, registered ba rbers and registered mas- ter barbers under this Act; (

g) governing the powers, duties and qualifications of officers or employees of the Association and of members of the board, and governing their election or appointment; (

h) respecting the maintenan ce of a register of persons admitted as members of the Association and pre- scribing reasons for which a member may be re- moved from the register and the conditions for re- admission; (

i) respecting the application of the funds of the Asso- ciation and the acquisition or disposition of real or personal property; (

j) providing for the reimbursement of members of the board of directors for necessary expenses incurred in relation to the business of the Association; and (

k) prescribing fees payable to the Association, requir- ing that a fee be paid or exempting a member from the payment of a fee. Public access

(3) The by-laws shall be open for examination by the public at the head office of the Association during normal working hours. Membership and registration 7.

(1) The Association shall grant membership in the Association in one of the following classes of member- ship to any individual who applies for it in accordance with the by-laws and meets the requirements established by this Act and by the Association for registration in the applicable class: 1. Registered student barber. 2. Registered apprentice barber. 3. Registered barber. 4. Registered master barber. Registered student barber

(2) The requirements for registration as a registered student barber are that the candidate, (

a) is at least 15 years of age; (

b) has successfully completed grade 9 in Ontario or has achieved an equivalent level of education; and (

c) is enrolled in a barbering course recognized by the Association or apprentices under a registered bar- ber or registered master barber in a barber shop. Registered apprentice barber

(3) The requirements for registration as a registered apprentice barber are that the candidate, (

a) is at least 16 years of age; (

b) has successfully completed grade 9 in Ontario or has achieved an equivalent level of education; (

c) has successfully completed, (

i) a barbering course recognized by the Associa- tion, or (ii) an apprenticeship unde r a registered barber or master barber in a barber shop; and (

d) has successfully passed an examination conducted by the Association for qua lification as a registered apprentice barber. Registered barber

(4) The requirements for registration as a registered barber are that the candidate,

ONTARIO BARBER ASSOCIATION ACT, 2011 3 (

a) is at least 18 years of age; (

b) has successfully completed grade 12 in Ontario or has achieved an equivalent level of education; (

c) has been employed in a barber shop as a registered apprentice barber for at l east one year and in the course of such employment has acquired at least 1,500 hours of practical experience under the su- pervision of a registered barber or registered master barber; and (

d) has successfully passed an examination conducted by the Association for qua lification as a registered barber. Registered master barber

(5) The requirements for registration as a registered master barber are that the candidate, (

a) is at least 20 years of age; (

b) has successfully completed grade 12 in Ontario or has achieved an equivalent level of education; (

c) has been employed in a barber shop as a registered barber for at least two y ears and in the course of such employment has acquired at least 4,500 hours of practical experience; (

d) has successfully passed an examination conducted by the Association for qua lification as a registered master barber; and (

e) has taken at least one course on a specialized bar- bering technique from a school recognized by the Association. Practising barbers

(6) A person who is a practising barber in Ontario on the day this Act comes into force and who has five or more years of experience as a barber is entitled to be reg- istered as, (

a) a registered barber, upon proof of such experience; or (

b) a master barber, upon proof of such experience and upon successfully passing an examination con- ducted by the Association for qualification as a registered master barber. Same

(7) A person who is a practising barber in Ontario on the day this Act comes into force and who has less than five years of experience as a barber is entitled to be regis- tered as a registered apprentice barber, registered barber or registered master barber upon successfully passing the appropriate examination conducted by the Association. Barbers from other jurisdictions

(8) A person who was a barber in a jurisdiction other than Ontario and who becomes a resident of Ontario is entitled to be registered as a registered barber upon proof that he or she, (

a) has received training as a barber in a school or bar- ber shop and has obtained at least 1,500 hours of practical experience; or (

b) is licensed or registered as a barber in the other jurisdiction. Member of CIAO

(9) A person who is a member of the Cosmetology Industry Association of Ontario is entitled to be registered as a registered barber upon providing proof that he or she holds a valid certificate of qualification as a cosmetologist issued under the Apprenticeship and Certification Act, 1998 and upon paying the fee prescribed by by-law. Examiners Committee 8.

(1) The board of directors of the Association shall appoint an Examiners Committee, which shall be com- posed only of master barbers. Same

(2) The number of members on the Examiners Com- mittee, the manner of appointing them, the qualifications for membership on the committee, the term of office of members, the filling of vacancies and other necessary details shall be as set out in the by-laws. Chief examiner

(3) The Examiners Committee shall elect a chief exam- iner from amongst its members and that person shall also serve as the Committee’s chair. Duties of chief examiner

(4) The chief examiner shall, (

a) ensure that any examin ation conducted by the As- sociation adheres to the provisions of this Act and the by-laws; (

b) call the meetings of the Committee; and (

c) determine the examination dates. Examinations 9.

(1) The Examiners Committee shall meet at least twice each year to conduct exam inations of applicants for qualification as registered ap prentice barbers, registered barbers and registered master barbers. Tests

(2) Notice of examination days, eligibility for applica- tion or reapplication for an examination, the form and manner of an application or reapplication for examination and the conduct of the examinations and other necessary details shall be as set out in the by-laws. Results

(3) The Committee shall report to the board of direc- tors when a candidate has passed an examination. Certificate of registration 10. The Association shall issue to each registered member a certificate of registration indicating the class of the member’s registration. Registrar 11.

(1) The board shall appoint a registrar and the reg- istrar shall perform the functions assigned to him or her

ONTARIO BARBER ASSOCIATION ACT, 2011 4 by this Act and such other duties as may be assigned to him or her by the board. Register of members

(2) The registrar shall keep a register showing the names of all of the members of the Association in good standing and each member’s class of membership. Effect of membership

(3) Only those persons who names appear in the regis- ter are members entitled to the privileges of membership in the Association. Public access

(4) The register shall be open for examination by the public at the head office of the Association during normal working hours but no personal information, including a member’s address, date of birth or social insurance num- ber, shall be made public. Validity of registration

(5) A registration is valid for one year and shall be renewed annually by the registrar upon application and payment of the fees prescribed by by-law. Removal of registration

(6) If a person does not renew his or her registration within 90 days after its expiry, his or her name may be temporarily removed from the register until the annual fee is paid. Removal from register

(7) Any member who has been removed from the reg- ister for more than 6 months shall be considered not to be registered and shall be subject to subsection 13 (2). Appeals 12.

(1) A person who has been refused membership or a certificate of registration or who has been subject to a disciplinary sanction under the by-laws may appeal to the Divisional Court from the refusal or from the sanction. Record

(2) Upon being notified of an appeal to the Divisional Court under subsection (1), the registrar shall file in the Divisional Court a record of the proceeding being ap- pealed, including the documents received in evidence and the decision being appealed. Appeal on law or fact

(3) An appeal under this

section may be made on ques- tions of law or fact, or both. Powers of the court

(4) The court may confirm, vary or rescind the deci- sion being appealed, may exercise all the powers of the Association or of its board or any committee and may direct the Association, its board or committee to take any action that it is empowered to take, and, for such pur- poses, the court may substitute its opinion for that of the Association, its board or committee, or the court may re- fer the matter back for rehearing in whole or in part, in accordance with such directi ons as the court considers proper. Designation 13.

(1) Every member of th e Association may use the designation “registered student barber”, “registered ap- prentice barber”, “registered barber” or “registered master barber” as appropriate for his or her class of membership. Offence

(2) A person in Ontario who is not a registered mem- ber of the Association is guilty of an offence if the person, (

a) takes or uses the designation “registered student barber”, “registered apprentice barber”, “registered barber” or “registered master barber”, either alone or together with any other word, name, title, initial or description; or (

b) implies, suggests or holds out that he or she is a registered member of the Association. Evidence

(3) In every case where registration is an issue, the production of a copy of the register, certified by the regis- trar, is sufficient evidence of all persons who are regis- tered and their class of membership in lieu of the produc- tion of the original register, and a certificate attached to the copy of the register purporting to be signed by a per- son in the capacity as registrar is proof, without any fur- ther proof and in the absence of evidence to the contrary, that such a person is the registrar. Same

(4) The absence of the name of any person from a copy of the register produced under subsection (3) is proof, in the absence of evidence to the contrary, that the person is not a registered member of the Association. Right to practise as a barber 14. This Act does not affect or interfere with the right of any person who is not a member of the Association to practise as a barber in the Province of Ontario. Surplus 15.

Any surplus derived from carrying on the affairs and business of the Association shall be devoted and ap- plied solely in promoting and carrying out its objects and purposes and shall not be divided among its members. Commencement 16. This Act comes into force on the day it receives Royal Assent.

Short title 17. The

short title of this Act is the Ontario Barber Association Act, 2011.

Document details

Collection	Ontario — Bills
Citation	Bill PR44, 39-2
Type	bill
Volume / chapter	p39 s2 bill pr44 bill text 39 2 en pr044.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	b1e1894bd6929777dfb0a5dbad7e7bd3ce722a5b

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