First Session, 47th

General Assembly

61 Elizabeth II,

BILL 27

AN ACT TO REGULATE THE PERSONAL

SERVICES INDUSTRY

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE SUSAN

SULLIVAN

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would regulate the personal

services industry. The Bill would

restrict access to tanning and other

personal services to persons over the age of 19 years;

restrict access to tattooing and body

piercing to persons over the age of 16 years unless written consent of a parent

or guardian is given;

require registration of personal

services establishments and tanning facilities;

require personal services

establishments and tanning facilities to post signs and provide clients with

information relating to the nature of the procedures, health risks and

after-care; and

require personal services

establishments and tanning facilities to adhere to maintenance and sanitation

standards established by regulation to eliminate health hazards and prevent the

transmission of communicable disease.

A BILL

AN ACT TO REGULATE THE PERSONAL SERVICES

INDUSTRY

Analysis

Short title

Definitions

Access to personal services

Proof of age

Provision of information

Refusal to provide services

Signage

Temporary structure

Standards

Registration

Inspectors and others

Powers of inspectors re: compliance

Order of inspector

Contravention of Act suspected

Telewarrant

Disposition of documents

Protection from liability

Offence and penalty

Regulations

Consequential Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Personal

Services Act .

Definitions

In this Act

(a) "body piercing" means the penetration or

puncturing of the skin by a method for the purpose of inserting jewellery or

other objects in or through the body but does not include the piercing of the

ear lobe below the external auditory canal;

(b) "contamination" means the presence of an

infectious, chemical or physical agent on a body surface, inanimate object or

other surface;

(c) "communicable disease" means a

communicable disease as defined in the

Communicable Diseases Act ;

(d) "health hazard" means a condition or

circumstance that has or is likely to have an adverse effect on the health of a

person and includes a condition or circumstance that is unsanitary, prevents or

hinders the suppression of disease or facilitates the transmission of a

communicable disease;

(e) "inspector" means a person designated as

an inspector under

section 11 ;

(f) "minister" means the minister appointed

under the Executive Council Act

to administer this Act;

(g) "owner" means a person who owns a personal

services establishment or tanning facility and, for the purpose of this Act and

the regulations, includes a person who operates a personal services

establishment or a tanning facility;

(h) "personal services" means a service

intended to permanently or semi-permanently alter the body for cultural, artistic or expressive purpose including tanning,

body piercing, tattooing, branding, skin peeling, scarification, subdermal

implantation, tongue bifurcation, microdermal implantation and another service

or procedure designated as a personal service in the regulations;

(i) "personal services establishment" means a

premises at, on or in which personal services are offered, provided or performed

in exchange for compensation but does not include a tanning facility;

(j) "tanning equipment" means ultraviolet or

other lamps intended to induce skin tanning through the irradiation of a part of

the living human body with ultraviolet radiation and equipment containing lamps,

and includes ballasts, starters, reflectors, acrylic shields, timers and airflow

cooling systems;

(k) "tanning facility" means a location,

place, area, structure or establishment that provides customers with access to

tanning equipment in exchange for compensation;

(l) "tattooing" means a method of placing

indelible ink or other pigments into or under the skin or mucosa with needles or

other instruments used to puncture the skin, resulting in permanent colouration

of the skin or mucosa and includes micropigmentation and cosmetic tattooing; and

(m) "temporary structure" means a premise,

place or dwelling, whether fixed or mobile, established in conjunction with

fairs, circuses, concerts, festivals, civic events or another event lasting no

longer than 7 consecutive days.

Access to personal

services

(1) An owner or employee of a personal services establishment or tanning

facility shall not offer or provide the following personal services to a person

who is under the age of 19 years:

(

a) tanning;

(

b) subdermal implantation;

(

c) scarification;

(

d) branding;

(

e) skin peeling;

(

f) tongue bifurcation;

(

g) microdermal implantation; or

(

h) another personal service prescribed in the

regulations.

(2) An owner or employee of a personal

services establishment may offer or provide the following personal services to a

person who is 16 years of age or more, or to a person who is less than 16 years

of age with the written consent of his or her parent or guardian:

(

a) body piercing;

(

b) tattooing; or

(

c) another personal service prescribed in the

regulations.

Proof of age

(1) An owner or employee of a personal services establishment or tanning

facility shall require a person appearing to the owner or employee to be under

the age required by subsection 3(1) or (2) to provide proof of age.

(2) Where a person is required to provide

proof of age under subsection (1), that person shall present a form of

identification prescribed in the regulations.

(3) The owner or employee of a personal

services establishment or tanning facility shall not accept, as proof of age, a

form of proof other than that referred to in subsection (2).

(4) It is not a defence to a prosecution under

section

3 for the owner or other person to show that the

person under the age required by that

section appeared to be above that age.

(5) An owner or employee of a personal services establishment or a tanning

facility shall refuse to provide personal services or sell access to tanning

equipment to a person if it appears that the persons proof of age documentation

has been altered.

Provision of

information

(1) Before performing or providing a personal service, the owner or employee of

a personal services establishment or tanning facility shall disclose the

following information to each person requesting a personal service:

(

a) an explanation of the procedure requested;

(

b) potential health risks associated with the

requested procedure;

(

c) in the case of tattooing, that tattooing

is permanent and that removal of tattooing may not be complete and may leave

scarring;

(

d) in the case of body piercing, that

scarring may result;

(

e) after-care instructions, including, as

appropriate,

(

i) removal of bandages,

(ii) instructions for cleaning the site and

application of cleaning solutions, ointments and lotions,

(iii) activity restrictions,

(iv) signs and symptoms of infections, and

(

v) possible side effects;

(

f) a contact number for client questions; and

(

g) another matter prescribed by the

regulations.

(2) For the purpose of subsection (1),

disclosure means

(

a) posting the information and informing the

person requesting the service where the information is posted;

(

b) having the information printed, displaying

the printed information in an easily accessible location and informing the

person requesting the service where the information is displayed or may be

accessed; or

(

c) having the information printed and

directly handing a copy of the information to the person requesting the personal

service.

Refusal to provide

services

Where an owner or employee of a personal services establishment or tanning

facility has reason to believe that a person requesting personal services is so

under the influence of alcohol or another drug that he or she may not be capable

of fully understanding information provided to him or her under

section 5 , the owner or employee shall not perform the

personal service.

Signage

(1) The minister may direct that signs, in a form approved by the minister, be

posted or displayed at personal services establishments or tanning facilities

for the purpose of this Act and the regulations

(

a) in a manner that is visible and

unobstructed from view; and

(

b) that disclose information relating to the

sale of personal services or of access to tanning equipment and the associated

potential health hazards as may be prescribed by the regulations.

(2) It is an offence for an owner or employee

of a personal services establishment or tanning facility to fail to post or

display signs as directed and required under this Act and the regulations.

Temporary

structure

A person shall not operate a temporary structure as a personal services

establishment or tanning facility and a person shall not offer personal services

or access to tanning equipment from a temporary structure.

Standards

(1) The minister may establish health and safety standards applicable to a

personal services establishment or a tanning facility.

(2) A personal services establishment and a

tanning facility shall be constructed, maintained and operated in a way that no

condition exists that constitutes a health hazard.

(3) It is an offence for the owner or employee

of a personal services establishment or a tanning facility to fail to comply

with the applicable health and safety standard established by the minister under

subsection (1) or to operate a personal services establishment or tanning

facility in a manner that constitutes a violation of this Act or the

regulations.

Registration

(1) A personal services establishment or a tanning facility shall not operate

unless that establishment or facility is registered under this Act.

(2) Notwithstanding subsection (1), a personal

services establishment or tanning facility which is operating on the day that

this Act comes into force shall register as required by that subsection within

90 days of this Act coming into force, and may operate during that period.

(3) A personal services establishment or a

tanning facility shall apply for registration to the Government Service Centre,

and the minister responsible for that centre may issue a certificate of

registration.

(4) A personal services

establishment or a tanning facility which changes address shall notify the

Government Service Centre in writing of the change before commencing operations

at that new address.

Inspectors and

others

(1) The minister may designate persons or classes of persons to act as

inspectors for the purpose of this Act and the regulations.

(2) An inspector or other person exercising a

power or performing a duty or function under this Act is not liable for

exercising the power or performing the duty or function in good faith.

(3) A person shall not knowingly make a false

or misleading statement, either orally or in writing, to the inspector while he

or she is exercising powers or carrying out duties or functions under this Act

or the regulations.

Powers of

inspectors re: compliance

12 .

(1) An inspector may, at all reasonable times, for a purpose related to the

administration or enforcement of this Act or the regulations, inspect or examine

the premises, processes, books and records of a person that the inspector may

consider relevant for the purpose of determining compliance with this Act or the

regulations, and the inspector may, without a warrant,

(

a) enter any premises

(

i) which is a personal services establishment

or a tanning facility,

(ii) where any property, or books and records

are or may be kept, or

(iii) where anything is done or is suspected by

the inspector of being done in connection with a requirement of this Act or the

regulations;

(

b) make copies, extracts, photographs or

videos the inspector considers necessary;

(

c) require the owner or person in charge of a

premises to give the inspector all reasonable assistance, including the

production of books and records as requested by the inspector, and to answer all

proper questions relating to the administration or enforcement of this Act or

the regulations and, for that purpose, require the owner or person in charge to

attend at the premises with the inspector; and

(

d) require the owner or person in charge to

make available the means to generate and manipulate books and records that are

in machine readable or electronic form and any other means or information

necessary for the inspector to assess the books and records.

(2) Notwithstanding subsection (1), an

inspector shall not enter a dwelling-house without the consent of the occupant

except under the authority of a warrant issued under

section

14 .

Order of inspector

13 .

(1) Where an inspector finds that an owner or

employee of a personal services establishment or tanning facility is not in

compliance with a provision of this Act or the regulations, the inspector may

order the owner or employee to comply with the provision and may require the

order to be carried out immediately or within the period of time that the

inspector specifies.

(2) Notwithstanding subsection (1), where an inspector reasonably believes that

personal services are provided or performed in a way or under conditions that

pose an immediate health hazard, the inspector may, in writing, order the owner

or employee of a personal services establishment or tanning facility to

(

a) immediately stop all or a portion of the

personal services; and

(

b) before resuming operations, to take the

remedial measures specified in the inspector's order that are necessary to

ensure that the personal services can be performed or provided without further

risk to the health and safety of others.

(3) An order of an inspector issued under

subsection (2) shall

(

a) where required by an inspector, be posted

on the premises in a location that is visible to the public and unobstructed

from view; and

(

b) remain in effect until the remedial action

has been taken to the satisfaction of the inspector.

Contravention of

Act suspected

14 .

(1) Where, during the course of an inspection or examination under

section 12 , or otherwise where an inspector believes on

reasonable grounds that there has been a contravention of this Act or the

regulations, the inspector may, with a warrant issued under subsection (2),

seize and take away any of the books or records that may be required as evidence

of a contravention and may retain those documents until the time they are

required in a court proceeding.

(2) A provincial court judge who is satisfied

upon oath or affirmation there are reasonable grounds for believing there is in

or on a personal services establishment, tanning facility or premises anything

that may provide evidence with respect to a suspected offence under this Act or

the regulations, may issue a warrant authorizing an inspector to enter the

premises and to

(

a) search;

(

b) examine the contents of the premises and

make those inquiries that the inspector considers necessary; and

(

c) copy, extract, photograph, video, seize

and take away evidence, books and records

for the purpose of investigating the

suspected offence.

(3) The owner or person in charge of a

premises referred to in this

section or a person there shall not obstruct an

inspector in the carrying out of his or her duties under this

section as

authorized by the warrant.

Telewarrant

(1) Where, in the opinion of an inspector it would not be practical to appear

before a provincial court judge to apply for a warrant, the inspector may make

the application by telephone, facsimile or other means of telecommunication.

(2) Where the information on which an

application for a warrant is submitted by telephone, facsimile or other means of

telecommunication, the information shall be given under oath or affirmation, and

the oath or affirmation may be administered by telephone, facsimile or other

means of telecommunication.

(3) The information submitted by telephone,

facsimile or other means of communication shall include

(

a) a statement of the circumstances that make

it impracticable for the inspector to appear personally before a provincial

court judge; and

(

b) a statement of the inspectors grounds for

believing that a person has contravened this Act or that entry onto public or

private premises where a contravention of this Act is believed to occur has been

denied.

(4) The sworn or affirmed information

submitted by telephone, facsimile or other means of telecommunication by an

inspector shall specify the name of the person giving evidence, the facts

ascertained and the manner and location in which evidence was received, and a

record of that information shall be filed by the provincial court judge with the

clerk of the court over which the judge presides.

Disposition of

documents

(1) Where an inspector removes documents or records from a personal services

establishment or tanning facility for the purpose of

section 14 , and makes a copy or extract of them or a part of

them, the inspector shall give a receipt to the owner of the premises for the

documents or records removed.

(2) Where documents or records are removed

from premises, the documents or records shall be returned to the owner as soon

as the copies or extracts have been made.

(3) A copy or extract of a document or record

related to an inspection, examination, test or inquiry purporting to be

certified by the inspector is admissible in evidence in an action, proceeding or

prosecution as proof, in the absence of evidence to the contrary, of the

original without proof of appointment, designation, authority or signature of

the person purporting to have certified the copy.

Protection from

liability

(1) A person who reports to an inspector or peace officer a violation or

suspected violation of this Act or the regulations is not liable to a civil

action in respect of the allegation contained in the report or for anything done

in good faith to assist an inspector or peace officer in an inspection or

investigation.

(2) A person shall not dismiss, suspend,

discipline, demote, harass or otherwise disadvantage or penalize an individual

where

(

a) the individual, acting in good faith and

on the basis of reasonable belief, has disclosed to an inspector that another

person has contravened or is about to contravene a provision of this Act or the

regulations;

(

b) the individual, acting in good faith and

on the basis of reasonable belief, has done or stated an intention of doing an

act that is required to be done in order to avoid having a person contravene a

provision of this Act or the regulations;

(

c) the individual, acting in good faith and

on the basis of reasonable belief, has refused to do or stated an intention to

refuse to do

an act that is in contravention of this Act or the regulations; or

(

d) another person believes that the

individual will do

an act described in paragraph (a), (

b) or (c).

Offence and

penalty

(1) A person who contravenes this Act or the regulations or an order made under

this Act or the regulations or who fails to cooperate with an inspector or

comply with an order of an inspector is guilty of an offence and liable, on

summary conviction,

(

a) in the case of a person who is not an

owner of a personal services establishment or tanning facility,

(

i) for a first offence, to a fine of $50,

(ii) for a second offence, to a fine of $250,

and

(iii) for a third offence and for each

subsequent offence, to a fine of $500; and

(

b) in the case of a person who is an owner of

a personal services establishment or tanning facility,

(

i) for a first offence, to a fine of $500,

(ii) for a second offence, to a fine of $2,500,

and

(iii) for a third offence and for each

subsequent offence, to a fine of $5,000.

(2) Each contravention of this Act or the

regulations constitutes a new and separate offence.

(3) Where an offence under this Act or the

regulations is committed or continued on more than one day, the person who

committed the offence is liable to be convicted for a separate offence for each

day on which the offence is committed or continued.

(4) For the purpose of subsections (2) and

(3), a conviction for an offence more than one year after the date of the last

previous conviction shall be considered to be a conviction for a first offence.

(5) Where a person is convicted of an offence

under this Act or the regulations, in addition to another punishment that may be

imposed under this Act, the court may, having regard to the nature of the

offence and the circumstances surrounding its commission, make an order

requiring the offender to comply with those conditions that the court considers

appropriate and just in the circumstances for securing the offenders good

conduct and for preventing the offender from repeating the same offence or

committing other offences.

(6) With respect to an offence under this Act

or the regulations, a complaint may be made and a summons issued by means of a

ticket under the Provincial Offences Act.

Regulations

(1) The minister may make regulations

(

a) designating services or procedures as

personal services;

(

b) prescribing personal services for the

purpose of paragraph 3(1)(

h) or 3(2)(c);

(

c) prescribing the forms of identification

which may be required for proof of age;

(

d) prescribing the additional information

which may be required to be disclosed under

section 5;

(

e) prescribing the information which may be

required to be disclosed in signage required under

section 7;

(

f) respecting the registration of personal

services establishments or tanning facilities;

(

g) providing for the appointment or

designation of, and prescribing the duties and powers of, inspectors;

(

h) providing for the addition to or exemption

from this Act or the regulations or a part of them, of a class of personal

services or of a person or class of persons or of a personal services

the exemption;

(

i) prescribing the devices to be used in a

personal services establishment or tanning facility and the manner of using

those devices;

(

j) prescribing the facilities and equipment

to be provided and maintained at personal services establishments and tanning

facilities;

(

k) respecting the health and safety standards

applicable to personal services establishments or tanning facilities, including

standards respecting personal hygiene, equipment sterilization, sanitation,

measures to control the transmission of infectious microorganisms and to prevent

the transmission of communicable disease, and waste disposal;

(

l) prescribing the records to be made and

kept at personal services establishments or tanning facilities;

(

m) prescribing proof of age documentation; or

(

n) generally, to give effect to the purpose

of this Act.

(2) The minister may, in addition to or

instead of regulations made under this section, adopt by reference and

constitute as regulations the whole or part of provisions of a code adopted or

standards fixed with or without modification, and including amendments to the

code or standard of an organization acceptable to the minister.

(3) A certificate of the minister that a

document is a copy of a code or standard referred to in subsection (1) or an

extract from, a modification of, or an amendment to, a code or standard is

without further proof presumptive evidence of the content of that code,

standard, extract or amendment.

Consequential Amdt.

Section 2 of the Provincial Offences Ticket Regulations, 1999 is amended by adding

immediately after paragraph (

h) the following:

(h.1) a provision of the Personal Services Act or a regulation made under that Act;

Commencement

21. This Act, or a section, subsection, paragraph or

subparagraph of this Act, comes into force on a day or days to be proclaimed by

the Lieutenant-Governor in Council.

William E. Parsons, Queen's Printer