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1Section 2 of New Brunswick Regulation 88-32 under the Pre-arranged Funeral Services Act is amended

(a) in the English version in the definition “Branch” by striking out the semicolon at the end of the definition and substituting a period;

(b) by repealing the definition “special fund”;

(c) by adding the following definition in alphabetical order:

“beneficiary” means a person who is named in a pre-arranged funeral plan and on whose death funeral services are to be provided under the pre-arranged funeral plan;

2Section 3 of the Regulation is repealed and the following is substituted:

3An application for a funeral provider’s licence or manager’s licence shall be on a form provided by the Minister.

3Section 4 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “a licence” and substituting “a funeral provider’s licence”;

(ii) in paragraph (a) of the English version by adding “and” at the end of the paragraph;

(iii) by repealing paragraph (b);

(iv) by repealing paragraph (c);

(v) by repealing paragraph (d) and substituting the following:

(d) evidence satisfactory to the Minister that the applicant is licensed as a Funeral Provider under the Embalmers, Funeral Directors and Funeral Providers Act.

(b) in subsection (2) by striking out “a licence” and substituting “a funeral provider’s licence”;

(c) in subsection (3) by striking out “a licence” and substituting “a funeral provider’s licence”;

(d) in subsection (4) by striking out “A licensee” and “licensee’s address in the Province where correspondence is to be mailed to the licensee” and substituting “A licensed funeral provider” and “licensed funeral provider’s address in the Province where correspondence is to be mailed to the licensed funeral provider” respectively;

(e) by repealing subsection (5) and substituting the following:

4(5)A licensed funeral provider shall, as a term and condition of the funeral provider’s licence, display it prominently in an area to which the public has access at the licensed funeral provider’s place of business.

4The Regulation is amended by adding after section 4 the following:

4.1An application for a manager’s licence shall be accompanied by evidence satisfactory to the Minister that the applicant is licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.

5Section 5 of the Regulation is repealed and the following is substituted:

5(1)In this section, “licensed funeral director” means a licensed funeral director as defined in subsection 3.03(1) of the Act.

5(2)A Standard Form of Pre-arranged Funeral Plan referred to in section 3.03 of the Act shall be in Form 2, shall bear a unique identifying number provided by the Minister, and all the information on the form shall be set forth clearly, including the following:

(a) the name and address of the purchaser, licensed funeral provider and beneficiary and the date of birth of the beneficiary;

(b) that the licensed funeral provider shall provide the purchaser and the beneficiary with a copy of the plan;

(c) that the licensed funeral provider warrants that the services provided under the plan will be provided professionally and with reasonable care and skill, and that all merchandise purchased will be of good merchantable quality;

(d) that the licensed funeral provider shall refund to the purchaser or pay to the purchaser’s legal representative all money held in trust under the plan, including principal and interest, where the beneficiary dies under circumstances which render impossible or unreasonable the provision of professional services and merchandise under the plan;

(e) that the licensed funeral provider shall notify the purchaser in writing if the licensed funeral provider intends to terminate, cancel or discontinue the plan because of an unpaid balance;

(f) that the licensed funeral provider may substitute merchandise if the merchandise agreed to be provided under the plan is no longer available at the time of death of the beneficiary as long as the merchandise is of equivalent or greater value and is similar in style, design, color, construction and quality;

(g) that, after providing written notification to the purchaser, the licensed funeral provider may terminate, cancel or discontinue the plan if the purchaser has failed to pay any installment required by the plan within 30 days after the due date for payment;

(h) that the purchaser has the right to be advised by the licensed funeral provider of any substitutions in merchandise, or, if the purchaser is the beneficiary, that his or her legal representative shall be advised of any such substitutions;

(i) that the purchaser has the right to all money held in trust under the plan, including principal and interest, where the licensed funeral provider terminates, cancels or discontinues the plan;

(j) that, pursuant to subsection 6(4) of the Act, the plan is subject to any agreement between the licensed funeral provider and the purchaser to provide for the payment of the interest earned on money paid under the plan or of any part of that interest to the purchaser;

(k) that the plan shall be governed by and construed in accordance with the laws of the Province of New Brunswick; and

(l) that any legal proceedings in relation to the interpretation or performance of the plan shall be commenced exclusively in the courts of New Brunswick.

5(3)If an agreement relating to the payment of interest is entered into by the licensed funeral provider and purchaser under subsection 6(4) of the Act, the agreement shall be attached to the Standard Form of Pre-arranged Funeral Plan as a schedule and the licensed funeral provider shall file a copy of the plan with the Minister by sending the copy to the Branch.

5(4)If a purchaser and licensed funeral director agree, in accordance with subsection 3.03(3) of the Act, to an addition to a Standard Form of Pre-arranged Funeral Plan, the licensed funeral director shall file a copy of the changed or modified form of the plan with the Minister by sending the copy to the Branch.

6Section 6.1 of the Regulation is repealed and the following is substituted:

6.1The fee for a funeral provider’s licence or manager’s licence is $250.

7Section 7 of the Regulation is amended by striking out “A licence” and “the issuance of the licence” and substituting “A funeral provider’s or manager’s licence” and “its issuance” respectively.

8Section 8 of the Regulation is amended

(a) in the portion preceding paragraph (a) by striking out “licensee” and substituting “licensed funeral provider”;

(b) in paragraph (a) of the English version by striking out “licensee” and substituting “licensed funeral provider”;

(c) in paragraph (b) by striking out “licensee” wherever it appears and substituting “licensed funeral provider”.

9Subsection 9(3) of the Regulation is amended by striking out “licensee” and substituting “licensed funeral provider”.

10Section 10 of the Regulation is repealed and the following is substituted:

10Money held in trust by a licensed funeral provider under a pre-arranged funeral plan shall be paid to a financial institution within 10 working days after its receipt to be deposited as provided for in section 5 of the Act.

11Section 11 of the Regulation is amended in the portion preceding paragraph (a) by striking out “licensee” wherever it appears and substituting “licensed funeral provider”.

12Section 12 of the Regulation is repealed and the following is substituted:

12(1)In this section, “Registrar General” means the Registrar General as defined in the Vital Statistics Act.

12(2)A licensed funeral provider shall maintain full and adequate records of the licensed funeral provider’s business operations, including but not limited to the following records:

(a) a record of all pre-arranged funeral plans entered into by the licensed funeral provider, showing, with respect to each pre-arranged funeral plan, the following:

(i) the date the plan was entered into;

(ii) the name and address of the purchaser;

(iii) the name, address and date of birth of the beneficiary;

(iv) the date on which any funeral services contracted for under the plan were performed or the date on which the plan was terminated, cancelled or discontinued or was assigned to another licensed funeral provider;

(v) if the plan is assigned to another licensed funeral provider, the name of that licensed funeral provider; and

(vi) if the purchaser dealt with a sales representative of a licensed funeral provider in respect of the plan, the name of the sales representative;

(b) if funeral services are provided under a pre-arranged funeral plan for a beneficiary, a copy of the completed death registration form delivered to the Registrar General under subsection 29(3) of the Vital Statistics Act in respect of the death of the beneficiary, other than the medical certificate of cause of death portion of that form;

(c) when money that is held in trust by the licensed funeral provider under a pre-arranged funeral plan is paid to a financial institution under section 5 of the Act, a copy of the proof of deposit that the licensed funeral provider is required to obtain under section 5.01 of the Act on which shall be recorded the unique identifying number of the plan and the name of the beneficiary;

(d) copies of all receipts and invoices issued in connection with the business of providing funeral services under pre-arranged funeral plans, which receipts and invoices shall clearly identify that the funeral services are to be provided under a pre-arranged funeral plan;

(e) a record

(i) of all money paid under each pre-arranged funeral plan entered into by the licensed funeral provider, of the deposit of the money in a financial institution, and of the withdrawal of all or any part of the money from the financial institution, and

(ii) of all other money received or disbursed in connection with the business of providing funeral services under pre-arranged funeral plans;

(f) all bank statements, pass books and cashed cheques for any account maintained in connection with the business of providing funeral services under pre-arranged funeral plans;

(g) an itemized list of the funeral services that the funeral provider generally provides under pre-arranged funeral plans, including the price and description of each; and

(h) one copy of each pre-arranged funeral plan entered into by the licensed funeral provider, which copy shall contain the same unique identifying number as the original plan.

12(3)A licensed funeral provider shall retain the records referred to in subsection (2) in the Province for a minimum period of 7 years following

(a) the full performance of the funeral services to which the records relate, or

(b) the termination, cancellation, discontinuance or assignment of the pre-arranged funeral plan to which the records relate.

13Section 13 of the Regulation is repealed.

14Section 15 of the Regulation is amended by striking out “one hundred and fifty dollars” and substituting “$250”.

15Section 16 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

16(1)A pre-arranged funeral plan shall contain the following notice:

CANCELLATION RIGHTS

You or your legal representative have the right to terminate, cancel or discontinue this pre-arranged funeral plan with no penalty within seven (7) days after entering into the plan. After that time, you or your legal representative have the right to terminate, cancel or discontinue the plan, subject to any penalty which is stated in the plan, but such penalty shall not exceed Two Hundred and Fifty dollars ($250). A notice of termination, cancellation or discontinuance may be sent to

________

Licensed Funeral Provider’s name and address

(b) in subsection (2)

(i) in paragraph (d) by striking out “personal representative” and substituting “legal representative”;

(ii) by repealing paragraph (f) and substituting the following:

(f) be placed immediately above and on the same page as the signature lines for the persons who are to sign the plan.

16Section 17 of the Regulation is repealed and the following is substituted:

17A financial institution which receives money in relation to a pre-arranged funeral plan shall maintain records in a manner so as to show

(a) the name of the licensed funeral provider for whom the account is maintained,

(b) the names of the purchaser and the beneficiary obtained from the licensed funeral provider, and

(c) the principal which has been paid under the plan and any accrued interest.

17The Regulation is amended by adding after section 17 the following:

17.1For the purposes of subsection 8(3) of the Act, a licensed funeral provider who makes an assignment of a pre-arranged funeral plan to another licensed funeral provider on the request of the purchaser or the purchaser’s legal representative may charge a fee of $25 for the making of the assignment.

18Form 1 of the Regulation is repealed and the attached Form 1 is substituted.

19The Regulation is amended by adding, after Form 1, the attached Form 2.

20This Regulation comes into force on July 31, 2010.

Form 1

Form 2

2010-102 - Pre-arranged Funeral Services Act

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