these regulations (N.S. Reg. 32/1957) (just regulations regs rbabylaw.htm)
N.S. Reg. 32/1957
Nova Scotia — Regulations
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Part II .
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Nova Scotia Registered Barbers Association By-laws
made under
Section 6 of the
Registered Barbers Act
R.S.N.S. 1989, c. 390
N.S. Reg. 32/1957 (effective September 19, 1957)
amended to O.I.C. 1999-328 (effective June 16, 1999), N.S. Reg. 70/1999
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Registration
Duties of officers
Council and other officers how elected
Board of Examiners
Fees dues and assessments
Eligibility for membership
Prohibition to instruct an apprentice
Permitted to practice
Registration
1 Every person who on March 28th, 1942, was carrying on the trade of a barber in the
Province of Nova Scotia, may apply to the Association to be registered as a member of
the Association or for a certificate exempting such person from such registration.
2 Every other person who desires to become registered as a member of the Association or
as a registered apprentice may make application therefor to the Secretary of the
Association and upon complying with the Registered Barbers Act and [ of ] the[ ir ]
regulations and upon satisfactorily passing the required examinations and payment of the
proper fees prescribed therefor shall be registered as a member of the Association or as
an apprentice as the case may be.
3 Any applicant whose application to be registered as a member of the Association or as a
registered apprentice has been refused, may, after an interval of three months, again
apply to be so registered.
4 If any fee or assessment, payable by any member of the Association, is not paid within
sixty days after the date upon which the same is due and payable, the Secretary shall
forthwith send by registered mail to his address, as shown on the register of members, a
notice to the effect that unless the said fee of assessment is paid within fifteen days from
the date of such notice such member shall be suspended from membership in the
Association until such time as said fee or assessment is paid. If such fee or assessment is
not paid before the expiration of the said fifteen days such member shall stand suspended
from membership in the Association until such time as said fee or assessment is paid.
5 If any member of the Association is convicted by any court of competent jurisdiction of
any offence which, in the opinion of the Council, renders him unfit to be a member of
the Association, the Council may by unanimous vote of the members of the Council,
present at any regularly called meeting thereof, suspend such member from membership
in the Association. During the period of any such suspension such member shall not be
entitled to take or use the designation "Registered Barber". Any such suspension from
membership in the Association, under the provisions of this [these] by-laws, shall be
reported by the Council to the Association, at the next annual meeting at which such
member, on a three-fourths vote of the members present voting for expulsion, shall be
expelled. Any person expelled from membership in the Association under the provisions
of this [these] by-laws shall be entitled to be readmitted as a member of the Association
on the recommendation of the Council, provided that the members of the Association,
present at any regularly called meeting, vote in favour of such readmission on a three[-]fourths vote.
6 If any member of the Association violates any provision respecting sanitation in barber
shops and premises, or sanitary precautions to observed by barbers under the provisions
of the Health [Protection] Act, or of the regulations made thereunder, or of the by-laws
of any municipal corporation, the Council may by unanimous vote of the members of the
Council, present at any regularly called meeting thereof, suspend such member from
membership in the Association. During the period of any such suspension such member
shall not be entitled to take or use the designation "Registered Barber". Any such
suspension from membership in the Association, under the provisions of this by-law,
shall be reported by the Council to the Association at the next annual meeting, at which
such member, on a three-fourths vote of the members present voting for expulsion, shall
be expelled. Any person expelled from membership in the Association under the
provisions of this [these] by-laws shall be entitled to be readmitted as a member of the
Association on the recommendation of the Council, provided that the members of the
Association, present at any regularly called meeting, vote in favour of such readmission
on a three[-]fourths vote.
7 If any member of the Association violates any provision of the Act of incorporation of
the Association or any of these by-laws, the Council may, by unanimous vote of the
members of the Council, present at any regularly called meeting thereof, suspend such
member from membership in the Association. During the period of any such suspension
such member shall not be entitled to take or use the designation "Registered Barber".
Any such suspension from membership in the Association, under the provisions of this
by-law, shall be reported by the Council to the Association at the next annual meeting, or
at a meeting to be specially called for such purpose, at which such member, on a three-fourths vote of the members present voting for expulsion shall be expelled. Any
member so expelled may be readmitted as a member of the Association on the
recommendation of the Council, provided that the members of the Association, present
at any regularly called meeting, vote in favour of such readmission unanimously.
8 Upon it being proved to the satisfaction of the Council that any member of the
Association is suffering from tuberculosis, or any other contagious or infectious disease
which may be transmitted to or infect any other person in the normal practice of the trade
of barbering, the Council may
(1) direct the Registrar to remove such member from the Register;
(2) direct the Secretary to revoke such member's certificate of membership,
and such member shall surrender his certificate of membership to the Secretary.
9 Any member of the Association may tender his resignation as such member, which
resignation shall be in writing and shall be lodged with the Secretary. Where a member
resigns from the association, he has no further rights in the Association, but any dues or
assessments owing by him at the time of his resignation will continue to be payable and
may be collected in the same manner as if he had continued to be a member.
(1) No person entitled to carry on the trade of a barber in any place in the Province in
which such person is required to be a member of the Association or to hold a
certificate of exemption in order to carry on such trade shall employ for a period
exceeding ten days any other person to carry on such trade unless such person so
employed is a member of the Association or holds a certificate of exemption.
(2) No person shall in any place in the Province in which such person is required to be
a member of the Association or to hold a certificate of exemption in order to carry
on the trade of a barber [ shall ] as an employee of any other person carry on such
trade for a period exceeding ten days, unless such person is a member of the
Association.
(3) Any member of the Nova Scotia Registered Association, moving from one zone
within the Association to another, must apply to his zone Secretary for a transfer
card to be presented to the Secretary of the zone to which he has moved.
Duties of officers
11 The President shall preside and preserve order at all meetings of the Association and of
the Council. In his absence the Vice-President shall exercise the office of President. In
the absence of the President and Vice-President a chairman, who for the time being shall
be vested with the powers of the President, shall be elected by a majority of those
present.
12 The Secretary shall conduct the correspondence, notify members of the Association and
of the Council of all meetings to be held and record proceedings thereat. If for any cause
the Secretary is unable to perform his duties, the President shall appoint some member of
the Council, or of the Association, to act as Secretary "pro tempore".
13 The Treasurer shall receive the fees and other monies on behalf of the Association and
shall deposit the same in a chartered bank of Canada to the credit of the Association, and
shall disburse the same as the Council may direct, and shall keep correct accounts,
prepare a statement of income and expenditure for the year, and shall submit at the
annual meeting of the Association in the year such financial statement.
14 The Registrar shall keep a register of the members of the Association with their
addresses and shall issue certificates of membership to the members of the Association,
certificates of exemption and certificates of registration to apprentices entitled thereto,
and shall keep a record of the sections of the trade that every member of the Association
is qualified to practice or in which they may give instruction to an apprentice or in which
they may supervise another registered barber who has not passed the examination for a
section of the trade. Such certificates shall be in such form as the Council shall from
time to time determine.
15 In addition to the above mentioned duties the various officers of the Association shall
perform such other duties as the Council of the Association may from time to time
direct.
16 All cheques, drafts, bills of exchange and promissory notes, issued, drawn, made,
accepted or endorsed, on behalf of the Association, shall be signed by any two of the
following officers, namely, the President, Vice-President and the Treasurer. All other
documents required to be executed on behalf of the Association shall be executed in the
name of the Association, and shall be signed by the President, or, in his absence, the
Vice-President, or in the absence of both President and Vice-President any member of
the Council having been duly elected for that purpose, pursuant to a resolution of the
Council, and by the Secretary, and the seal of the Association shall be impressed thereon.
17 The President, Vice President, Secretary, Treasurer, Registrar, Sergeant at Arms and
each other member of Council shall be reimbursed by the Association for expenses
incurred in the normal performance of their duties
18 The order of business at the annual general meeting shall be as follows:
(
a) reading of minutes;
(
b) appointment by the Chairman of three scrutineers;
(
c) report of the Treasurer;
(
d) unfinished business;
(
e) new business;
(
f) election of Examining Board;
(
g) election of Council;
(
h) election of new officers.
Council and other officers how elected
19 The members of the Council shall be elected by sealed ballot at the annual meeting of
the Association. Each member of the Association present at such meeting may vote for
seven members of the Association to constitute the Council. The seven members who
secure the greatest number of votes shall constitute the Council.
20 If, by reason of two or more persons receiving the same number of votes, the seven
members of the Council are not clearly elected, the two or more members for whom an
equal number of votes have been cast shall be voted on again.
(1) Immediately after the election of the Council of the Association, the members of
the Association present at the annual meeting shall elect from among the members
of the Council a member to be President and a member to be Vice-President, each
to hold office for the ensuing year. Such officers shall be elected by sealed ballot.
(2) After the election of the President and Vice-President the members present at such
annual meeting shall elect from among the whole membership of the Association,
including the members elected to the Council, persons to hold the offices of
Registrar, Secretary and Treasurer of the Association for the ensuing year. The
election of such officers by sealed ballot may be dispensed with if the majority of
the members present shall decide.
(3) The Secretary and Treasurer shall before taking office furnish a bond with such
sureties as may be approved by the Council conditioned upon the faithful
performance of their duties and the premium for such bond shall be paid out of the
funds of the Association.
22 The Council may from time to time appoint such person as it may determine to inspect
barber shops and may determine the compensation to be paid to such inspector for
performing such work.
23 The Council may from time to time divide the Province into zones and may appoint an
Advisory Council in each zone.
Board of Examiners
(1) There shall be a Board of Examiners, consisting of five persons, of whom three
shall be appointed by the Minister of Labour and Workforce Development of the
Province and two by the Council of the Association. The persons appointed by the
Minister of Labour and Workforce Development shall hold office for three years
and those appointed by the Council shall hold office until the next annual meeting
of the Association until their successors are appointed. The members of the Board
appointed by the Council shall be members of the Association. The members
appointed by the Minister of Labour and Workforce Development must have
practised the trade of barbering for at least ten years prior to this appointment.
(2) The Board of Examiners shall meet at least twice in every year for the purpose of
examining candidates for registration under this Act. Due notice of all such
examinations shall be given by advertisement in one or more public newspapers
circulated throughout the Province. Any two members of the Board shall
constitute a quorum.
(3) Where it is desirable, in the opinion of the Board of Examiners, to conduct an
examination in any place in the Province of Nova Scotia other than the Halifax
Regional Municipality, the Board may designate two members of the Association
to conduct such examination. Such members shall supervise any written
examination prescribed by the Board and shall report to the Board upon the result
of any practical examination so prescribed. Upon receipt of the examination
papers from such members and upon receiving such report the Board may
determine the result of such examination.
25 It shall be the duty of the Examining Board to consider the qualifications of any
applicant to be registered as a member of the Association and to render a decision
thereon, and to notify the Secretary of such decision, and the Secretary shall forthwith
transmit such decision to the applicant.
26 Before rendering a decision that any applicant is entitled to be registered as a member of
the Association, the examining Board shall satisfy itself that the applicant fulfils the
following requirements:
(1) that he is free from all contagious and infectious diseases which may be
transmitted to or infect any other person in the normal practice of the trade
of barbering, as evidenced by a certificate of a qualified medical practitioner
dated not more than two weeks previous to the date of application;
(2) any other requirement which the Council may from time to time direct the
Examining Board to consider.
27 A majority decision of the Examining Board shall be final.
28 That the Examiners be reimbursed by the Association for expenses incurred in the
normal performance of their duties.
Fees dues and assessments
29 The annual fees payable by each member of the Association shall be $42.00 payable in
advance on or before the 15th day of December in each year. Such dues shall be payable
to the Secretary who may arrange with any member the payment of such dues by
instalments. When such dues are received by the Secretary, he shall promptly remit the
same to the Treasurer with a statement setting out the names of the persons paying the
same.
30 Each candidate for an examination either for registration as a member of the Association
or as an apprentice shall, with the application of such person, pay an admission fee of
$25.00 and in addition the following examination fee shall accompany the application:
(
a) for examination for registration as an apprentice ............... $10.00
(
b) for examination for registration as a barber ....................... $50.00
(
c) for examination in any one
section of the trade ................. $10.00
31 The Association may assess its members for any ordinary, special or extraordinary
expenditures for such amount as the Association, by resolution, may determine. Any
such resolution, passed at any regularly called meeting of the Association, fixing the
amount of such assessment and the terms of payment thereof, shall be binding on all
members of the Association. Notice, specifying that such assessment will be considered,
and if deemed advisable, levied, shall be included in the notice calling any meeting at
which such assessment is to be considered.
Eligibility for membership
32 Every person who was on December 31, 1998, carrying on the trade of barber in the
Province of Nova Scotia may apply to the Association for membership in the
Association, and upon it appearing from such application or it being otherwise
ascertained that such person possesses the qualifications, training and experience as
prescribed by these by-laws, shall upon payment of the fees prescribed be entitled to be
registered as a member of the Association and to practice any
section of the trade for
which they are qualified as prescribed by these by-laws, the Registered Barbers Act or
regulations under the Act.
Prohibition to instruct an apprentice
(1) A registered barber or barber holding a certificate of exemption may be prohibited
from instructing an apprentice, only after a motion to this effect has been approved,
by a two-thirds vote in favour of such prohibition, at any meeting of the Board of
Examiners.
(2) A registered barber or barber holding a certificate of exemption may be prohibited
from instructing an apprentice by reason of his failure to comply with the
Registered Barbers Act, regulations under the authority of the Act or the by-laws of
the Association.
(3) A registered barber or barber holding a certificate of exemption, prohibited from
instructing an apprentice, may after a period of three months apply to the Board of
Examiners for the withdrawal of said prohibition. At the next meeting of the
Examining Board following the receipt of such application, a motion to withdraw
the prohibition shall be presented. If said motion is approved by a two-thirds vote
in favour, the registered barber or barber holding a certificate of exemption may
again instruct an apprentice. If the motion is not approved by a two-thirds vote in
favour, the registered barber or barber hold a certificate of exemption will continue
to be prohibited from instructing an apprentice, but after a period of three months
may again apply to the Board of Examiners for the withdrawal of said prohibition.
Permitted to practice
(1) A registered barber will be permitted to practice only those sections of the trade on
the examinations for which they have achieved a mark of 70% or more, and will
not be permitted to practice those sections of the trade on the examinations for
which they have failed to achieve a mark of 70%, until such time as they are able
to successfully complete the examination for that
section of the trade.
(2) A registered barber will be permitted to practice a
section of the trade on the
examination for which they have failed to achieve a mark of 70%, only under the
immediate supervision of a registered barber who is qualified to practice that
section of the trade.
(3) A certificate of membership in the Nova Scotia Registered Barbers Association
will indicate in a manner prescribed by the Council of the Association the sections
of the trade that a registered barber is qualified to practice or in which they may
give instruction to an apprentice or in which they may supervise another registered
barber who has not qualified in any
section of the trade.
Legislative History
Reference Tables
Nova Scotia Registered Barbers Association By-laws
N.S. Reg. 32/1957
Registered Barbers Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Nova Scotia Registered Barbers Association By-laws made under the Registered Barbers Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
32/1957 1
Sep 19, 1957
date approved
unpublished 2
28/1959
Feb 10, 1959
date approved
unpublished 2
55/1966
Dec 29, 1966
date approved
unpublished 2
137/1972
Feb 29, 1972
date approved
unpublished 2
70/1999
Jun 16, 1999
date approved
Jul 2, 1999
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
5........................................................
am. 70/1999
6........................................................
am. 70/1999
8........................................................
am. 70/1999
14......................................................
am. 70/1999
17......................................................
rs . 70/1999
17(3)............................................
ad. 28/1959
24......................................................
am. 70/1999 (“Director of Technical Education” replaced throughout)
24(2)............................................
am. 70/1999
24(3)............................................
am. 70/1999
26(1).................................................
am. 70/1999
28......................................................
rs . 70/1999
29......................................................
fc. 28/1959; rs . 55/1966; fc. 137/1972
30......................................................
rs . 55/1966; fc. 70/1999
30(b)............................................
fc. 70/1999
30(c)............................................
ad. 70/1999
32......................................................
rs . 70/1999
33......................................................
ad. 28/1959 ; rs . 70/1999
34......................................................
ad. 70/1999
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections
Note
Effective
date
These are not considered to be regulations within the meaning of the Regulations Act .
Regulations in effect on April 1, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act .
The references to the Minister of Labour and Workforce Development in subsection 24(1) should be read as references to the Minister of Labour and Advanced Education in accordance with with Order in Council 2011-15 under the Public Service Act , R.S.N.S. 1989, c. 376.
Jan 11, 2011
The reference to the Department of Labour and Workforce Development in [provision] should be read as a reference to the Department of Labour, Skills and Immigration in accordance with O.I.C. 2021-208 under the Public Service Act , R.S.N.S. 1989, c. 376.
Aug 31, 2021
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.