BILL NO. 57

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Cemetery and Funeral Services Act
and Embalmers and Funeral Directors Act
(amended)



The Honourable Mark Furey
Minister of Service Nova Scotia



First Reading: April 17, 2014

(Explanatory Notes)

Second Reading: April 22, 2014

Third Reading: April 28, 2014 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 amends the Cemetery and Funeral Services Act by

(a) adding a definition of "funeral home licence";

(b) adding a definition of "insurance-funded plan";

(c) adding a reference to co-operative associations in the definition of "operator" to clarify that they may be issued licences to operate cemeteries and crematoria;

(d) replacing the definitions of "pre-arranged funeral plan" and "pre-need cemetery plan" so that they encompass the price payable for the plans being funded under an insurance policy; and

(e) adding a definition of "trust-funded plan".

Clause 2 amends the Act to

(a) refer to the two types of licences that are issued; and

(b) require that sellers of pre-arranged funeral plans and pre-need cemetery plans continue to be licensed while they continue to be required to hold funds for the plans in trust.

Clause 3

(a) provides that a licence is subject to any restriction imposed pursuant to the Act;

(b) requires an applicant to hold a funeral home licence in order to be issued a licence to sell pre-arranged funeral plans; and

(c) permits the Registrar of Cemetery and Funeral Services to impose restrictions on a licence issued pursuant to the Act and makes such a licence subject to the restrictions.

Clause 4 requires

(a) every person who is licensed to sell pre-arranged funeral plans to display the licence in public view at the funeral home;

(b) every person who is licensed to sell pre-need cemetery plans to display the licence in public view at the person's business premises; and

(c) every person who sells insurance for insurance-funded plans to comply with the Insurance Act.

Clause 5

(a) removes the requirement for ministerial approval when the Registrar of Cemeteries and Funeral Services cancels a permit; and

(b) permits the Registrar to suspend or cancel a person's licence if satisfied that the person has failed to comply with a written undertaking provided pursuant to the Act.

Clause 6

(a) provides that the Registrar of Cemeteries and Funeral Services may accept a written undertaking from a licensee who has contravened the Act or the regulations; and

(b) adds authority for the Registrar to publish certain information about licences and licensees.

Clause 7

(a) sets out the requirements for purchase agreements; and

(b) prohibits a seller from accepting money for the future delivery of funeral merchandise or services, or cemetery goods or services, without a purchase agreement.

Clause 8 requires that certain documents be attached to the purchase agreement for an insurance-funded plan.

Clause 9 provides that

(a) the 10-day cooling-off period for a purchaser to cancel a purchase agreement applies regardless of where the purchase agreement is entered into; and

(b) a provision respecting refunds for voided purchase agreements applies only to trust-funded plans.

Clause 10 provides that a provision that permits a personal representative to make payments to prevent cancellation of a plan applies only to trust-funded plans.

Clause 11

(a) provides that a provision respecting plans that are cancelled, terminated or discontinued applies only to trust-funded plans; and

(b) requires disclosure in purchase agreements for insurance-funded plans of the effect of cancellations.

Clause 12

(a) clarifies procedures to be followed by a seller if a purchaser of a trust-funded plan defaults;

(b) provides for the assignment of a pre-arranged funeral plan between licensed sellers;

(c) sets out how a licensee must notify purchasers and the Registrar of Cemeteries and Funeral Services of an intended sale, move or cessation of operations of a funeral home; and

(d) deals with issues related to the cancellation of a pre-arranged funeral plan that is a trust-funded plan if a funeral home is ceasing operations.

Clause 13

(a) clarifies that administrative fees are chargeable only with respect to trust-funded plans; and

(b) limits the times when the fees may be charged.

Clause 14

(a) sets out the requirements for converting a trust-funded plan to an insurance-funded plan; and

(b) provides for the disposition of unclaimed trust money.

Clause 15 repeals a Section that deals with displaying merchandise as this will now be addressed in the Embalmers and Funeral Directors Act.

Clause 16 sets out the requirements for containers used for the cremation of human remains.

Clause 17 amends the regulation-making authority in the Act

(a) to reflect amendments made by this Act;

(b) with respect to bonds referred to in the Act; and

(c) with respect to advertising related to funeral merchandise or services or cemetery goods or services.

Clause 18 amends the Embalmers and Funeral Directors Act by

(a) removing the requirement to publish the names of members and officers of the Board of Registration of Embalmers and Funeral Directors in the Royal Gazette; and

(b) replacing the requirement to publish the Board's financial statements in the Royal Gazette with providing the statements to the Minister.

Clause 19

(a) requires the Board of Registration of Embalmers and Funeral Directors to prepare and publish a code of ethics; and

(b) requires compliance with the code.

Clause 20 standardizes the spelling of the word "licences" in a provision that is being amended and permits the publication of certain information with respect to persons who are issued licences by the Board of Registration of Embalmers and Funeral Directors.

Clause 21

(a) provides that the Registrar of Embalmers and Funeral Directors rather than the Minister is authorized to issue funeral home licences; and

(b) clarifies that co-operative associations may be issued funeral home licences.

Clause 22

(a) prohibits anyone from selling insurance other than insurance to fund pre-arranged funeral plans as permitted by the Cemetery and Funeral Services Act, at a funeral home;

(b) provides that the Registrar of Embalmers and Funeral Directors may accept a written undertaking from a person who holds a funeral home licence and who has contravened the Act or the regulations; and

(c) permits the publication of certain information with respect to persons who are issued licences pursuant to the Act, in the form and manner considered appropriate by the Registrar.

Clause 23

(a) provides that the Registrar of Embalmers and Funeral Directors rather than the Minister is authorized to cancel or suspend funeral home licences; and

(b) permits the Registrar to cancel or suspend a funeral home licence if the holder of the licence has failed to comply with a written undertaking provided pursuant to the Act.

Clause 24 provides that written notice of an intended sale, change in location or cessation of operations of a funeral home must be provided to the Registrar of Embalmers and Funeral Directors.

Clause 25

(a) provides display and catalogue requirements with respect to caskets and urns on offer at a funeral home; and

(b) prohibits a handling fee for the use of a casket, urn or other container provided by a customer unless the same fee is charged for caskets, urns and containers sold at the funeral home.

Clause 26 amends the regulation-making authority in the Act to

(a) authorize the Board of Registration of Embalmers and Funeral Directors to determine the course of training and education for embalmers, apprentice embalmers and funeral directors;

(b) reflect amendments made by this Act;

(c) authorize regulations respecting the form and content of applications, and information required from applicants for, licences issued pursuant to the Act; and

(d) authorize regulations respecting standards for the premises, facilities and equipment of funeral homes.

Clause 27 provides for the coming into force of this Act.

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An Act to Amend Chapter 62
of the Revised Statutes, 1989,
the Cemetery and Funeral Services Act,
and Chapter 144 of the Revised Statutes, 1989,
the Embalmers and Funeral Directors Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 62 of the Revised Statutes, 1989, the Cemeteries and Funeral Services Act, is amended by

(a) adding immediately after clause (e) the following clause:

(b) adding immediately after clause (h) the following clause:

(c) adding ", including an association incorporated pursuant to the Co-operative Associations Act" immediately after "corporation" in the fourth line of clause (m);

(d) striking out clause (n) and substituting the following clause:

(e) striking out clause (o) and substituting the following clause:

and

(f) adding immediately after clause (s) the following clause:

2 (1) Subsection 7(1) of Chapter 62 is amended by adding "as a seller or as a salesperson of a licensed seller" immediately after "licensed" in the second last line.

(2) Section 7 of Chapter 62 is further amended by adding immediately after subsection (2) the following subsections:

3 (1) Subsection 8(1) of Chapter 62 is amended by adding "this Act or" immediately after "by" in the second last line.

(2) Section 8 of Chapter 62 is further amended by adding immediately after subsection (1) the following subsection:

(3) Subsection 8(3) of Chapter 62 is amended by adding "and any restrictions imposed by the Registrar pursuant to subsection (4)" immediately after "regulations" in the last line.

(4) Section 8 of Chapter 62 is further amended by adding immediately after subsection (3) the following subsection:

4 Chapter 62 is further amended by adding immediately after Section 8 the following Sections:

5 Section 9 of Chapter 62 is amended by

(a) striking out ", or with the approval of the Minister," in the first and second lines; and

(b) adding immediately after clause (b) the following clause:

6 Chapter 62 is further amended by adding immediately after Section 9 the following Sections:

7 Section 10 of Chapter 62 is amended by adding "(1)" immediately after the Section number and adding the following subsections:

8 Chapter 62 is further amended by adding immediately after Section 10 the following Section:

9 (1) Subsection 11(1) of Chapter 62 is amended by striking out "entered into in a place other than a funeral home or a place other than the seller's business premises" in the first, second and third lines.

(2) Subsection 11(3) of Chapter 62 is amended by striking out "If this agreement is entered into in a place other than a funeral home or a seller's business premises, you" in the fourth, fifth and sixth lines and substituting "You".

(3) Subsection 11(5) of Chapter 62 is amended by adding "for a trust-funded plan" immediately after "agreement" in the fourth line.

10 (1) Subsection 12(1) of Chapter 62 is amended by striking out "pre-arranged funeral plan or pre-need cemetery" in the first and second lines and substituting "trust-funded".

(2) Subsection 12(2) of Chapter 62 is amended by striking out "pre-arranged funeral plan or pre-need cemetery" in the first and second and in the fifth and sixth lines and substituting in each case "trust-funded".

11 (1) Subsection 13(2) of Chapter 62 is amended by adding "trust-funded" immediately before "plan" in the first line.

(2) Section 13 of Chapter 62 is further amended by adding immediately after subsection (3) the following subsection:

12 Chapter 62 is further amended by adding immediately after Section 13 the following Sections:

13 (1) Subsection 15(2) of Chapter 62 is amended by striking out "pre-arranged funeral plan or pre-need cemetery" in the first and second lines and substituting "trust-funded".

(2) Section 15 of Chapter 62 is further amended by adding immediately after subsection (2) the following subsections:

(3) The seller of a trust-funded plan may retain the percentage on account of administrative expenses referred to in subsection (2) only at one of the following times:

(a) where payment is by lump sum, when the seller deposits the lump sum payment in trust;

(b) where payment is by instalments, when the seller deposits the first instalment payment in trust;

(c) where the pre-arranged funeral plan or pre-need cemetery plan is cancelled, when cancelled.

(4) The seller of an insurance-funded plan shall not charge any fee or amount on account of administrative expenses.

14 Chapter 62 is further amended by adding immediately after Section 15 the following Sections:

15 Section 20 of Chapter 62 is repealed.

16 Chapter 62 is further amended by adding after Section 25 the following Section:

17 Subsection 28(1) of Chapter 62, as amended by Chapter 1 of the Acts of 2004, is further amended by

(a) adding immediately after clause (c) the following clauses:

(b) adding immediately after clause (f) the following clauses:

(c) adding immediately after clause (k) the following clause:

(d) adding "or other information" immediately after "reports" in the first line of clause (p);

(e) adding "or other information" immediately after "reports" in the second line of clause (q); and

(f) adding ", or requiring forms to be in the form prescribed by the Registrar," immediately after "forms" in the first line of clause (x).

18 (1) Subsection 7(4) of Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, is amended by striking out "in the Royal Gazette before the first of April in each and every year" in the first and second lines and substituting "annually".

(2) Subsection 7(5) of Chapter 144 is amended by striking out "publish in the Royal Gazette" in the first and second lines and substituting "provide to the Minister".

19 Chapter 144 is further amended by adding immediately after Section 11 the following Section:

20 Section 19 of Chapter 144 is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "licenses" in the third line and substituting "licences"; and

(c) adding the following subsection:

21 (1) Subsection 27(1) of Chapter 144 is amended by striking out "Minister" in the first line and substituting "Registrar".

(2) Subsection 27(2) of Chapter 144 is amended by striking out "Minister" in the first line and substituting "Registrar".

(3) Section 27 of Chapter 144 is further amended by adding immediately after subsection (3) the following subsection:

22 Chapter 144 is further amended by adding immediately after Section 28 the following Sections:

23 Section 29 of Chapter 144 is amended by

(a) striking out "Minister" in the first line and substituting "Registrar"; and

(b) adding immediately after clause (c) the following clause:

24 Chapter 144 is further amended by adding immediately after Section 30 the following Section:

25 Chapter 144 is further amended by adding immediately after Section 32 the following Sections:

26 Subsection 33(1) of Chapter 144 is amended by

(a) adding immediately after clause (b) the following clauses:

(b) adding "other than funeral home licences, or requiring the form and content of applications for licences issued by the Board to be as required by the Board" immediately after "licences" in the second line of clause (c);

(c) adding immediately after clause (c) the following clause:

(d) adding immediately after clause (j) the following clause:

and

(e) adding immediately after clause (p) the following clauses:

27 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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