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

(a) in the French version in the definition « Loi » by striking out the period at the end of the definition and substituting a semicolon;

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

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

“HST” means the harmonized sales tax payable under Part IX of the Excise Tax Act (Canada). (TVH)

2The Regulation is amended by adding after section 2 the following:

2.1The following services are prescribed for the purposes of the definition “funeral services” in section 1 of the Act:

(a) the preparation or publication of an obituary;

(b) the celebration of a religious or other ceremony;

(c) the provision of musical services, including the services of an organist or soloist;

(d) monument engraving;

(e) the provision of flower arrangements for the religious or other ceremony;

(f) hairdressing;

(g) make-up services; and

(h) catering services.

3Section 5 of the Regulation is amended

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

5(1)In this section, “licensed funeral director” means a licensed funeral director as defined in subsection 8(1) of the Act.

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out “section 3.03 of the Act” and substituting “section 8 of the Act”;

(ii) in paragraph (j) by striking out “subsection 6(4) of the Act” and substituting “subsection 15(6) of the Act”;

(iii) in paragraph (k) of the English version by striking out “and” at the end of the paragraph;

(iv) in paragraph (l) by striking out the period at the end of the paragraph and substituting a semicolon followed by “and”;

(v) by adding after paragraph (l) the following:

(m) that the amount allocated towards services provided by third parties is based on an estimate of the cost of the services in today’s average prices; that those prices may increase over time; that, in the case of an increase in price, additional cost may be charged to reflect the current cost of the services and that the level of services that corresponds to the amount allocated will be provided if the additional cost is not paid.

(c) in subsection (3)

(i) by striking out “subsection 6(4) of the Act” and substituting “subsection 15(6) of the Act”;

(ii) in the English version by striking out “file a copy of the plan with the Director by sending the copy to the Branch” and substituting “file a copy of the plan with the Director”;

(d) by repealing subsection (4) and substituting the following:

5(4)If a purchaser and licensed funeral director agree, in accordance with subsection 8(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 Director.

4Section 7 of the Regulation is repealed and the following is substituted:

7(1)A funeral provider’s licence is valid until the last day of the twelfth month following its issuance.

7(2)Subject to subsection (3), a manager’s licence expires on the same date as the licence held by the licensed funeral provider on whose behalf the holder of the manager’s licence acts when the manager’s licence is issued.

7(3)The expiry date of a manager’s licence that is valid immediately before the commencement of this subsection shall be determined in accordance with the law as it existed immediately before the commencement of this subsection.

5Subsection 9(1) of the Regulation is amended by striking out “subsection 7(1) of the Act” and substituting “subsection 18(1) of the Act”.

6Section 10 of the Regulation is amended by striking out “section 5 of the Act” and substituting “section 12 of the Act”.

7Section 12 of the Regulation is amended

(a) by repealing subsection (1);

(b) in subsection (2)

(i) by repealing paragraph (b);

(ii) in paragraph (c) by striking out “section 5 of the Act” and “section 5.01 of the Act” and substituting “section 12 of the Act” and “section 13 of the Act” respectively.

8Section 14 of the Regulation is amended by striking out “subsection 4(3) of the Act” and substituting “subsection 10(3) of the Act”.

9Section 15 of the Regulation is amended by striking out “subsection 4(4) of the Act” and “$250” and substituting “subsection 10(4) of the Act” and “$250, HST or its replacement tax included” respectively.

10Subsection 16(1) of the Regulation is amended by striking out “Two Hundred and Fifty dollars ($250)” and substituting “Two Hundred and Fifty dollars ($250), HST or its replacement tax included”.

11Section 17.1 of the Regulation is amended by striking out “subsection 8(3)” and “a fee of $25 for the making of the assignment” and substituting “subsection 23(3) of the Act” and “an administrative fee that does not exceed $250, HST or its replacement tax included” respectively.

12The Regulation is amended by adding after section 17.1 the following:

17.2For the purposes of subsection 26.1(2) of the Act, a third party may provide the following services on behalf of a licensed funeral provider:

(a) any pre-arranged funeral services referred to in section 2.1(a) to (h), and

(b) services and commodities usual in the preparation for cremation of the dead and in the cremation of the dead.

13(1)The French version of the Regulation is amended by striking out “fournisseur de services funèbres autorisé” wherever it appears in the following provisions and substituting “fournisseur autorisé de services funèbres”:

(a) section 4

(i) subsection (4);

(ii) subsection (5);

(b) section 5

(i) subsection (2)

(A) paragraph a);

(B) paragraph b);

(C) paragraph c);

(D) paragraph d);

(E) paragraph e);

(F) paragraph f);

(G) paragraph g);

(H) paragraph h);

(I) paragraph i);

(J) paragraph j);

(ii) subsection (3);

(c) section 8

(i) in the portion preceding paragraph a);

(ii) paragraph b);

(d) subsection 9(3);

(e) section 10;

(f) section 11, in the portion preceding paragraph a);

(g) subsection 12(2)

(i) paragraph a)

(A) subparagraph (iv);

(B) subparagraph (v);

(C) subparagraph (vi);

(ii) paragraph c);

(iii) subparagraph e)(i);

(h) subsection 16(1);

(i) section 17

(i) paragraph a);

(ii) paragraph b);

(j) section 17.1;

(k) Form 1.

13(2)The French version of Form 1 of the Regulation is amended by striking out “fournisseur de services funèbres autorisés” wherever it appears and substituting “fournisseur autorisés de services funèbres”:

14Form 1 of the Regulation is amended by striking out “R.S.N.B. 1973, c.P-14, s.7(1)” and substituting “R.S.N.B. 2012, c.109, s.18(1)”.

15Form 2 of the Regulation is repealed and the attached Form 2 is substituted.

16This Regulation comes into force on May 1, 2019.

Form 2

2019-7 - Pre-arranged Funeral Services Act

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