Embalmers and Funeral Directors Act (amended)

BILL NO. 9

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014

Government Bill

Embalmers and Funeral Directors Act
(amended)

The Honourable Mark Furey
Minister of Service Nova Scotia

First Reading: October 1, 2014

(Explanatory Notes)

Second Reading: October 6, 2014

Third Reading: October 30, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 provides that apprentice funeral directors are bound by the code of ethics for funeral directors and embalmers.

Clause 2 requires the Board of Registration of Embalmers and Funeral Directors to issue a licence to apprentice funeral directors who meet the requirements.

Clause 3 substitutes the Board for the Registrar as keeper of the register of licence holders.

Clause 4 requires a licensed apprentice funeral director to work under the direct supervision of a licensed funeral director.

Clause 5

(a) permits the suspension or revocation of an apprentice funeral director’s licence; and

(b) clarifies that suspension or revocation appeals are to the Supreme Court.

Clause 6 permits the filing of complaints against apprentice funeral directors.

Clause 7 amends the Act to make it gender-neutral.

Clause 8 adds Governor in Council regulation-making authority in relation to apprentice funeral directors and advertising standards for funeral and embalming services.

Clause 9 adds apprentice funeral directors to the offence and penalty Section of the Act and amends the Act to make it gender-neutral.

Clause 10 includes apprentice funeral director in the Section respecting the onus of proof in prosecutions.

Clause 11 provides that this Act comes into force on proclamation.

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

Be it enacted by the Governor and Assembly as follows:

1 Subsection 11A(2) of Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, as enacted by Chapter 10 of the Acts of 2014, is amended by adding "or an apprentice funeral director" immediately after "embalmer" in the third line.

2 Chapter 144 is further amended by adding immediately after Section 16 the following Section:

16A The Board shall license as an apprentice funeral director a person who has complied with the requirements of the regulations and has paid the annual fee.

3 Subsection 19(1) of Chapter 144, as amended by Chapter 10 of the Acts of 2014, is further amended by striking out "Registrar" and substituting "Board" in the first line.

4 Section 22 of Chapter 144 is amended by

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

(b) adding the following subsection:

(2) Subsection (1) does not apply to a licensed apprentice funeral director working under the direct supervision of a licensed funeral director.

5 (1) Subsection 23(1) of Chapter 144 is amended by

(a) striking out "or a funeral director" in the third line and substituting ", a funeral director or an apprentice funeral director"; and

(b) striking out "or funeral director" in the fifth line and substituting ", funeral director or apprentice funeral director".

(2) Subsection 23(2) of Chapter 144 is amended by striking out "county court" in the second and in the fourth lines and substituting in each case "Supreme Court".

6 (1) Subsection 24(1) of Chapter 144 is amended by adding ", apprentice funeral director" immediately after "director" in the last line.

(2) Subsection 24(2) of Chapter 144 is amended by adding ", apprentice funeral directors" immediately after "directors" in the fourth line.

7 Section 26 of Chapter 144 is amended by adding "or herself" immediately after "himself" in the second line.

8 Subsection 33(1) of Chapter 144, as amended by Chapter 10 of the Acts of 2014, is amended by

(a) striking out "or funeral directors" in the sixth line and in the second last and last lines of clause (b) and substituting in each case ", funeral directors or apprentice funeral directors";

(b) striking out "or funeral directors" in the last line of clause (ba) and substituting ", funeral directors or apprentice funeral directors";

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

(ha) respecting the form and content of apprenticeship reports to be submitted to the Board;

(e) adding ", apprentice funeral directors" immediately after "directors" in the second line of clause (o);

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

(oa) establishing the minimum standards for the advertisement or otherwise offering for sale of items related to funeral or embalming services including caskets, urns and other containers;

and

(g) adding ", apprentice funeral directors" immediately after "directors" in the last line of clause (p).

9 Subsection 34(1) of Chapter 144 is amended by

(a) striking out "or 32" in the second line of clause (a) and substituting ", 32, 32A or 32B";

(b) adding "or herself" immediately after "himself" in the second line of clause (b);

(d) adding "or herself" immediately after "himself" in the second line of clause (d); and

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

(da) not being a holder of a licence as an apprentice funeral director, holds himself or herself out as an apprentice funeral director or uses any sign, letters, words or abbreviation implying that that person is a licensed apprentice funeral director;

10 (1) Subsection 35(1) of Chapter 144 is amended by striking out "or funeral director" in the fifth line and substituting ", funeral director or apprentice funeral director".

(2) Subsection 35(2) of Chapter 144 is amended by striking out "or funeral director" in the fifth and sixth lines and substituting ", funeral director or apprentice funeral director".

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

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 4, 2014. Send comments to legc.office@novascotia.ca.

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