|This is an unofficial archived version of The Barbers Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. B10
The Barbers Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"barber" means any person, who, for hire, gain, or hope of reward, performs any one, or any combination, of the following services for other persons;
(a) cuts or trims hair,
(b) tints, bleaches or dyes hair,
(c) shampoos hair and scalp,
(d) gives hair or scalp treatments or facial massages,
(e) curls or waves hair by any means,
(f) performs any other operation with respect to dressing hair to obtain an intended effect or according to a particular style; ("coiffeur")
"barber shop" means any place, room, building, or part thereof wherein the work of a barber is carried on. ("salon de coiffure")
The Lieutenant Governor in Council may make orders, rules, and regulations for
(a) the examination of candidates for barbers' licences, the granting of licences and respecting the evidence to be furnished by candidates for licences as to previous experience and qualification;
(b) determining the duration of such licences, and renewals thereof;
(c) fixing the fees to be paid by barbers for licences and renewals thereof and for examinations;
(d) prescribing the area or areas within which this Act does or does not apply;
(e) prescribing causes for which a licence may be revoked, cancelled or suspended;
(f) fixing the salaries or other remuneration to be paid to the examiners.
Inspectors and such other officers as may be required to carry out this Act may be appointed as provided in The Civil Service Act.
Nothing herein impairs the powers and authority given to an inspector appointed under The Department of Labour Act.
The Lieutenant Governor in Council may appoint a board of examiners consisting of not fewer than three members of whom one, who shall be the chairman of the board, shall be an officer of the department of the government through which this Act is administered, and the other members shall be so selected that there is an equal number of representatives of employers of barbers and representatives of their employees.
Unless he sooner resigns or is removed from office and unless a shorter term is fixed by the Lieutenant Governor in Council, each member of the board of examiners holds office for two years from the date of his appointment and thereafter until his successor is appointed; but he may, on the expiration of any term of office be re-appointed for a further term.
The board of examiners shall, subject to the regulations made under section 2 and to the approval of the Lieutenant Governor in Council, prescribe the subjects in which candidates for licences shall be examined, and shall conduct and provide for, and supervise the examinations of candidates.
Every person desiring to secure employment as a barber or to engage in business as a barber shall apply to the Department of Labour for examination as provided in regulations made under clause 2(a); and after he has passed the examination and paid the prescribed fees a licence shall be issued to him by the Minister of Labour under this Act.
Upon it being established to the satisfaction of the Minister of Labour that any of the prescribed causes for which a licence may be revoked, cancelled, or suspended exists, he may revoke, cancel, or suspend the licence accordingly.
Any person who for hire engages in the business of, or works as, a barber within the area within which this Act applies as prescribed by the Lieutenant Governor in Council without the authority of a valid and subsisting licence therefor is guilty of an offence and is liable, on summary conviction, before a justice of the peace, to a fine of not more than $50. and in default of immediate payment to imprisonment for a period not exceeding two months.
Nothing in this Act prevents a person who is a student at a barber college from performing the work of a barber under the supervision of an instructor of the college.
Notwithstanding any provision in The Shops Regulation Act, where an application is received by or presented to a municipal council for the passing of a by-law requiring the closing of barber shops situated within the municipality or any portion of the municipality, if the council is satisfied that the application is signed by not less than two-thirds in number of the proprietors of barber shops in the municipality or any portion thereof, the council shall within one month after the receipt or presentation of the application pass a by-law giving effect to the application and requiring all barber shops within the municipality or any portion thereof to which the application relates to be closed during the period of the year and at the times, and hours mentioned in that behalf in the application.
A by-law passed under subsection (1) shall not be altered, amended or repealed by the municipality except upon an application signed by not less than two-thirds in number of the proprietors of barber shops within the municipality or any portion thereof to which the application relates.
A by-law passed under subsection (1) may permit a proprietor of a barber shop in a municipality or any portion thereof to select within limits set out in the by-law a day or days and hours during which his barber shop shall remain open.
Any person who violates or contravenes the provisions of a by-law passed under section 9 is guilty of an offence and on summary conviction is liable to a fine not exceeding $100.