as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. H10
The Hairdressers Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"hairdresser" means a person
(a) who, with hands or by use of any mechanical application or appliance, engages in the occupation of dressing, curling, waving, permanently waving, cleansing, bleaching, or other similar work upon, the hair of any person, including the cutting of the hair as may be required in the performance of the functions of a hairdresser, or
(b) who, with hands or by use of any mechanical application or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, creams, or similar preparations or compounds, engages in any one or more or any combination of the following practices; namely, manicuring the nails or massaging, cleansing, or beautifying the scalp, face, neck, arms, or bust, of any person; ("coiffeur pour dames")
"hairdressing business" means the business of carrying on all or any of the work of a hairdresser; ("commerce de coiffeur pour dames")
"owner" means a person who owns, operates, or engages in, a hairdressing business, whether that person does or does not actually work as a hairdresser, or does or does not employ hairdressers, in that business. ("propriétaire")
This Act applies only in such parts or areas of the province as may be prescribed by the Lieutenant Governor in Council.
Nothing in this Act extends to, or permits the use of, X-ray by any person.
This Act does not extend to, or include, any person, the duties of whose occupation or profession require any act of hairdressing to be performed as incidental thereto.
Nothing in this Act restricts or prevents any person licensed under The Barbers Act from barbering any male or female in accordance with any orders, rules and regulations made under that Act.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) for the establishment of various grades and types of licence;
(b) for the examination of applicants for licences, and for the fixing of the conditions to be imposed upon, and qualifications as to training and previous experience to be required of, applicants for licences;
(c) respecting the granting or refusal to grant licences;
(d) determining the duration of licences and respecting the renewal thereof;
(e) fixing the fees to be paid for licences of various grades or types and for renewals thereof, and by applicants for examination;
(f) prescribing causes for which a licence may be revoked, cancelled, or suspended;
(g) respecting inspectors and examiners to carry out this Act and the definition of their duties;
(h) fixing the remuneration to be paid to the examiners so appointed.
Nothing herein impairs the powers or authority given to an inspector appointed under The Department of Labour Act.
BOARD OF EXAMINERS
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 hairdressers 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 shall hold office for two years from the date of his appointment and thereafter until his successor is appointed, but may on the expiration of any term of office be reappointed for a further term.
The board of examiners shall, subject to the regulations and to the approval of the Lieutenant Governor in Council, prescribe the subjects in which applicants for licences shall be examined, and conduct, and provide for and supervise, the examinations of applicants.
Every person desiring to secure employment as a hairdresser, and every owner of a hairdressing business, shall apply to the Minister of Labour for a licence; and the minister may issue the licence after the applicant has passed any examinations, and complied with any terms and conditions, required or imposed in the regulations, and paid any fee prescribed in the regulations.
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 it accordingly.
Any person who, for profit or hire, engages in the hairdressing business as an owner, or works as a hairdresser, within an area within which this Act applies without the authority of a valid and subsisting licence therefor, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50. and in default of payment to imprisonment for a period not exceeding two months.
Where, on demand from any duly appointed inspector of the Department of Labour, a person performing for hire the work of a hairdresser does not produce satisfactory evidence of his being in possession of a valid and subsisting licence therefor he is guilty of an offence and is liable, on summary conviction, to a fine, of not less than $5. and not more than $50. and in default of payment to imprisonment for a period not exceeding two months.
Nothing in this Act prevents any person who is a student at any hairdressing school or college from performing the work of a hairdresser under the supervision of an instructor of the school or college.
This Act and the regulations shall be administered by the Minister of Labour.