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| This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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| Section | ||
Acts of cosmetology incidental to practice of other occupations | ||
Cosmetology by persons who do not hold certificates prohibited | ||
1 In this Act:
"association" means the Cosmetologists' Association of British Columbia continued under section 3;
"board" means the Board of Examiners in Cosmetology under section 4;
"cosmetologist" means a person who engages in the occupation of
(a) cutting, dressing, curling, waving, permanently waving, cleansing, bleaching or similar work on the hair of a person,
(b) manicuring the fingernails of a person,
(c) trimming the toenail cuticles and cleaning, trimming, shaping and polishing the toenails of a person for enhancement only, or
(d) massaging for relaxation only, cleansing or enhancing the attractiveness of the scalp, face, neck, arms, chest or feet of a person.
2 This Act applies only in municipalities of a population of 750 persons or more and in the territory within 16 km of the boundaries of those municipalities.
3 (1) The Cosmetologists' Association of British Columbia is continued as a corporation.
(2) The head office of the association must be at the City of Vancouver.
(3) Every person registered under this Act is a member of the association.
4 (1) There must be a board known as the Board of Examiners in Cosmetology.
(2) The board consists of 3 members elected by the association and a number of other members, not exceeding 3, appointed by the minister.
(3) The elective members of the board must be elected by the association in the manner provided by the bylaws of the association.
(4) Each person elected must be a member of the association.
(5) Of the persons elected, one at least must be an employer or master and one at least must be a member who is a journey level worker or employee for hire.
(6) A person, directly or indirectly, connected with a school of cosmetology, or employing an apprentice in cosmetology, is not eligible for election to the board.
(6.1) The board must elect its chair from among the members of the board.
(7) The elected members of the board hold office for 2 years following their election.
(8) In the event of the death or resignation of an elected member of the board, a successor must be appointed by the board in the manner provided in the bylaws of the association, and the successor holds office for the unexpired term of his or her predecessor in office.
(9) On the termination of office of the elected members of the board, subsequent members of the board must be elected in the manner provided in the bylaws of the association.
(10) The association must pay to the members of the board the fees, salaries and travelling expenses set by the bylaws of the association.
5 (1) The association may make bylaws not inconsistent with this Act, and may amend, add to or repeal them in the manner provided in the bylaws.
(2) Except as provided in this Act, neither the association nor the board has power or authority, by bylaw or any other means, to regulate, govern, increase or in any manner interfere with the prices charged for cosmetology.
6 (1) A person who wishes to engage in the occupation of cosmetology in British Columbia may become a member of the association on
(a) submitting evidence satisfactory to the board that he or she is over 18 years of age and of good character,
(b) satisfying the board that he or she possesses the necessary skill and knowledge to properly perform all the duties of the occupation of cosmetology and the proper rules of sanitation and hygiene in connection with the occupation of cosmetology, and
(c) paying to the board a prescribed fee.
(2) The fee must cover the cost of the examination of the applicant by the board, and must be paid by the applicant to the board before the applicant attends for examination.
(3) If an applicant fails in the examination, or any subsequent examination, and again attends for examination, he or she must pay to the board a prescribed fee.
(4) The Lieutenant Governor in Council may prescribe a fee under this section and the fee for a first examination may differ from the fee for a subsequent examination.
7 (1) On a person becoming a member of the association, the board must issue to the person a certificate in a form decided by the board, signifying that he or she is qualified to engage in the occupation of cosmetology in British Columbia.
(2) The board must issue special certificates for a branch of cosmetology, as they are set and defined in the bylaws of the association, on the applicant
(a) satisfying the board that he or she possesses the necessary skill and knowledge to properly perform all the duties of the branch of cosmetology and the proper rules of sanitation and hygiene in connection with the occupation of cosmetology,
(b) satisfying the board that he or she is of good character, and
(c) paying to the board a prescribed fee.
(3) The fee must cover the cost of the examination of the applicant by the board, and must be paid by the applicant to the board before the applicant attends for examination.
(4) If an applicant fails in that examination, or any subsequent examination, and again attends for examination, the applicant must pay to the board a prescribed fee.
(5) The Lieutenant Governor in Council may prescribe fees under this section and the fee for a first examination may differ from the fee for a subsequent examination.
(6) A special certificate carries with it all rights and liabilities of membership in the association, except that it does not confer a right to vote for election to the board, and a person holding only a special certificate or special certificates is not eligible for election to the board.
(7) It is unlawful for a person holding a special certificate to engage in or perform for hire, gain or hope of reward an act of cosmetology that is not included in the special certificate.
(8) A person holding only a special certificate and not fully qualified by certificate from the board as a cosmetologist under this Act, nor fully qualified in barbering under the Barbers Act, must not engage in or perform for hire, gain or hope of reward an act of cosmetology except under the direct supervision and employment of a person fully qualified either by certificate from the board as a cosmetologist under this Act or under the Barbers Act.
(9) The holder of a certificate for cosmetology issued by the board must keep the certificate posted at all times in a conspicuous position in the place where he or she carries on his or her occupation.
(10) Except as provided in this Act, a certificate issued by the board remains in force until the termination of the calendar year in which it is issued, but may be renewed from year to year, on
(a) payment to the board of a fee, for operating and nonoperating cosmetologists for each renewal, that may be set by the Lieutenant Governor in Council, and
(b) the board being satisfied that the applicant is of good character.
(11) A renewal certificate in respect of which the fee set for a nonoperating cosmetologist is paid does not entitle the holder to engage in or perform for hire, gain or hope of reward an act of cosmetology.
(12) If a person fails to renew his or her certificate within 2 months from its date of expiry, the person's name must be removed from the register of members of the association, and the certificate must not be renewed and that person must not be registered again as a member of the association until he or she
(a) has paid to the board
(i) the annual renewal fees for each year or portion of it from the date of expiry to the date of renewal, and
(ii) a further fee prescribed by the Lieutenant Governor in Council, and
(b) has satisfied the board as to his or her good character.
(13) If the certificate of a person has lapsed for a period of 3 years or more, the board must, before issuing to that person a certificate or renewal, require that person to attend for examination by the board in the ordinary manner and on the ordinary terms as provided in this Act, in place of payment of the renewal fees.
(14) A person whose name has been removed from the register of members may, at his or her option, in place of paying the renewal fees, attend for examination by the board in the ordinary manner and on the ordinary terms as provided in this Act.
8 (1) Subject to this section, nothing in this Act prevents a person from serving as an apprentice in the occupation of cosmetology in accordance with the Industry Training and Apprenticeship Act.
(2) An apprentice must not begin work until his or her contract of apprenticeship has been approved by the Provincial Apprenticeship Committee, nor until he or she has
(a) applied to the board for registration as an apprentice,
(b) paid a registration fee prescribed by the Lieutenant Governor in Council, and
(c) received his or her apprenticeship permit card.
(3) A permit card must not be withheld except with the approval of the Provincial Apprenticeship Committee.
(4) An apprentice must keep his or her apprenticeship permit card displayed in a conspicuous place in the cosmetology shop or premises in which he or she is employed.
(5) A proprietor, manager or person in charge of a cosmetology shop or premises must require every apprentice employed to secure and display his or her apprenticeship permit card before starting work, and keep it continuously displayed in a conspicuous place.
(6) An apprentice to whom an apprenticeship permit card has been issued must attend for examination on completion of the period of apprenticeship specified in his or her contract of apprenticeship, unless an extension of that period has been granted by the board with the approval of the Provincial Apprenticeship Committee.
(7) If the apprentice fails at his or her first examination, an extension of the apprenticeship may be granted by the board with the approval of the Provincial Apprenticeship Committee for a further period of up to one year on payment to the board of a further registration fee prescribed by the Lieutenant Governor in Council.
(8) If the apprentice fails to pass the required examination during or at the termination of the extension of his or her apprenticeship, the board, in conjunction with the Provincial Apprenticeship Committee, must investigate the reasons for the failure of the apprentice, and decide whether any further opportunity to continue as an apprentice should be granted to him or her, or whether the permit card should be revoked.
(9) Nothing in or done under this section prevents an apprentice from attending at any future time for examination by the board.
9 (1) A person must not become or be engaged in the study of cosmetology in a school or premises where the business of teaching students a branch of cosmetology is carried on, until he or she has applied to the board and obtained registration as a student.
(2) Registration as a student must be granted to a person if
(a) the board is satisfied that the person is of good character and has contracted to learn cosmetology in the school or premises, and
(b) the person pays to the board the registration fee prescribed by the Lieutenant Governor in Council.
(3) A student permit card must be issued to each student registered by the board, and must be kept displayed by the student in a conspicuous place in the school or premises where the student is studying.
(4) Every proprietor, manager and instructor in a school or premises must require every student to secure and display his or her student permit card before beginning study or attendance, and to keep it continuously displayed in a conspicuous place.
(5) A student permit card remains in force for one year from the date of issue and is renewable for a further period of one year and, after that, from year to year as provided in subsection (2).
(6) Before attending for examination a student must produce evidence satisfactory to the board that the student has served as a student of cosmetology under the direct supervision of a person certified under this Act for at least the number of hours prescribed by the Lieutenant Governor in Council.
10 (1) The board may revoke a certificate, special certificate or permit card issued under this Act for any of the following:
(a) conviction of crime;
(b) habitual drunkenness;
(c) the use of habit forming drugs;
(d) gross incompetence;
(e) failure or neglect to keep the place of business of the certificate holder in a clean and sanitary condition;
(f) failure to comply with sanitary regulations issued under the Health Act.
(2) Before a certificate or permit card is revoked, the holder of it must be given
(a) notice in writing of the charge against him or her, and
(b) a public hearing in the locality in which he or she resides, at a place specified in the notice and at a time specified in the notice, which must be at least 2 days after service of the notice, and
(c) the opportunity to make a full answer and defence to the charge and to have witnesses examined and cross examined by counsel, solicitor or agent on his or her behalf.
(3) A person whose certificate or permit card has been revoked may, after the expiration of 90 days, apply to the board to have it issued again, and it must be issued again on proof satisfactory to the board that his or her disqualification has ceased to exist.
11 This Act does not extend to or permit the use of Xray by any person.
12 This Act does not extend to and is not deemed to include a person whose occupation or profession requires an act of cosmetology to be performed as incidental to it.
13 (1) A person who carries on the business of teaching students a branch of cosmetology must paint or affix, and keep painted or affixed, on the outside of every entrance through which the public has access to the premises where teaching is carried on a sign with the words "cosmetology school", "hairdressing school" or "beauty school" in letters easily legible and at least 75 mm in height.
(2) A sign required under subsection (1) must be displayed in a conspicuous position at not less than 1 m and not more than 1.7 m from the bottom of every entrance through which the public has access.
(3) A person described in subsection (1) must also in every advertisement or notice of the premises described in subsection (1) use the words "cosmetology school", "hairdressing school" or "beauty school", and those words must be displayed prominently in the advertisement or notice and in letters easily legible and at least 6 mm in height.
(4) A person must not use, on any sign, notice or advertisement on premises described in subsection (1) the words "academy", "college", "institution", "studio", or words of similar meaning, or other words that may in any way qualify the words "cosmetology school", "hairdressing school" or "beauty school".
(5) A person must on every sign, advertisement or notice described in subsection (1) describe the premises by the words "cosmetology school", "hairdressing school" or "beauty school" only, without adding or inserting any qualifying or limiting or varying words.
(6) A person must not carry on, directly, indirectly, personally or through an agent, at the same time and in the same building both the occupation of a cosmetologist and the occupation of teaching students cosmetology or any branch of it.
14 (1) The board must hold examinations in cosmetology at least 4 times a year at the times and places it determines.
(2) The times and places must be set to permit applicants whose place of business is outside a city, as defined by the Local Government Act, to attend at a minimum of expense and inconvenience.
(3) An applicant must receive at least 30 days' notice of the time and place of examination.
(4) The examinations may be either oral or written or practical demonstrations, or partly oral or partly written or partly practical demonstrations, or by any combination of these methods.
(5) The scope of the examinations and the methods of procedure must be established by the board with a view to testing the applicant's ability as a cosmetologist, and his or her knowledge of
(a) sanitary regulations in connection with the occupation of cosmetology,
(b) the antiseptic preparation and sterilization of tools and appliances, and
(c) the protection of the public from communicable disease.
(6) The board may appoint, for the purpose of conducting examinations only, additional persons as temporary examiners in the manner provided by the bylaws of the association.
15 (1) A person
(a) who has failed to pass the examination of the board,
(b) whose certificate, special certificate or permit card has been revoked,
(c) who feels himself or herself aggrieved, or
(d) who is otherwise affected by an order, finding, action or decision of the board
may appeal to the minister from the order, finding, action or decision at any time within one month from the date of the order, finding, action or decision.
(2) An appeal under subsection (1) must be in writing.
(3) If a person fails to pass an examination and appeals that decision, the minister may, on payment of a further examination fee of $15, order a new examination of the appellant to be held in the place, under the conditions and under the examiners the minister specifies.
(4) The minister may make an order varying, confirming or reversing all or part of an order, finding, action or decision appealed from.
(5) An order of the minister under this section is final.
16 (1) Except as otherwise provided in this Act, a person not holding a certificate from the board under this Act must not engage in or perform for hire, gain or hope of reward an act of cosmetology, or advertise or put out a sign or card or other device for indicating to the public that he or she is entitled to engage in the occupation of cosmetology under this Act.
(2) Subsection (1) does not prevent an apprentice in cosmetology, under a contract of apprenticeship approved by the Provincial Apprenticeship Committee, from receiving remuneration that is provided for in the contract of apprenticeship.
(3) A person who contravenes subsection (1) commits an offence.
17 (1) A notice or document required under this Act, when sent by mail, is deemed to have been received at the time when the letter containing them would be delivered in the ordinary course of the mail.
(2) For the purpose of proving sending of a notice or document under subsection (1), it is sufficient to prove that the letter containing the notice or document was properly addressed and mailed.
(3) A notice and document,
(a) when sent to the board or association, is deemed to be properly addressed if addressed to the board or to the association or to some officer of the board or association at the head office of the board or association, and
(b) when sent to a person registered under this Act, is deemed to be properly addressed if addressed to the person according to his or her address registered in the register of the board.
18 (1) The board must keep a register in which must be entered the name and address of each person to whom a certificate or permit card is issued under this Act.
(2) The register must be kept at the head office of the board and must at all reasonable times be open to public inspection.
19 (1) All money arising from fees under this Act must be paid by the board to the secretary treasurer of the association, and be applied, in accordance with the regulations made by the association, toward defraying the expenses of the administration of this Act.
(2) The association may invest any sums not expended as above, in the name of the association, in securities authorized by law for the investment of trust funds, and any income derived from the invested sums must be added to and considered part of the ordinary income of the association.
20 Whenever required by the Lieutenant Governor in Council, the association must send the minister a certified return of the affairs of the association, under the seal of the association, in the form required.
21 (1) In order to ascertain whether the requirements of this Act or the rules and regulations governing the sanitary regulation of cosmetology as prescribed under the Health Act are being properly carried out, the board may, at its discretion, enter and inspect during business hours all places to which this Act applies
(a) that are occupied for carrying on the business of cosmetology for hire, gain or hope of reward, or
(b) where a sign or card or other device is displayed indicating that cosmetology is being carried on.
(2) With the approval of the Lieutenant Governor in Council, the power of the board under subsection (1) may be delegated by the board to a person appointed by it in writing by the members of the board.
22 [Repealed 1999-13-22.]
23 With the approval of the Lieutenant Governor in Council, the association may make regulations not inconsistent with this Act or any other Act, as follows:
(a) prescribing the minimum prices that may be asked, charged or received from the public for various acts of cosmetology;
(b) prescribing what may and what may not be stated as part of a sign, notice or advertisement of cosmetology and requiring the discontinuance of a specified advertisement or means of advertising by a cosmetologist;
(c) generally for the carrying out of this Act.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada