Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 57

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

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

Déposé par :
L'honorable Mark Furey
Minister of Service Nova Scotia

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 23 avril 2014
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 1 septembre 2016
2014 Statutes, Chapter 10

Note explicative (en anglais seulement)

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.