BILL NO. 57

(as passed)

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)

CHAPTER 10 OF THE ACTS OF 2014



The Honourable Mark Furey
Minister of Service Nova Scotia



First Reading: April 17, 2014 (LINK TO BILL AS INTRODUCED)

Second Reading: April 22, 2014

Third Reading: April 28, 2014

Royal Assent: May 1, 2014

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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