Acts and Regulations

88-32 - General

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NEW BRUNSWICK
REGULATION 88-32
under the
Pre-arranged Funeral Services Act
(O.C. 88-146)
Filed March 14, 1988
Under section 14 of the Pre-arranged Funeral Services Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Pre-arranged Funeral Services Act.
2In this Regulation
“Act” means the Pre-arranged Funeral Services Act;
“Branch” means the Consumer Affairs Branch of the Department of Justice and Consumer Affairs whose address is P.O. Box 6000, Fredericton, New Brunswick, E3B 5H1;
“special fund” means a special fund referred to in section 5 of the Act.
94-123; 2006, c.16, s.139
3An application for a licence shall be on a form provided by the Minister.
4(1)An application for a licence shall be accompanied by
(a) a copy of the agreement made between the applicant and a financial institution as required by the Act,
(b) a copy of the form of the pre-arranged funeral plan that the applicant proposes to use,
(c) evidence satisfactory to the Minister that the applicant is capable of providing the funeral services as required by the applicant’s pre-arranged funeral plan in a funeral home in the geographic area where the funeral services are to be performed, and
(d) evidence satisfactory to the Minister that the applicant holds a valid licence to act as a funeral director under the Embalmers and Funeral Directors Act.
(e) Repealed: 93-206
4(2)An applicant for a licence shall maintain a permanent office in the Province.
4(3)An applicant for a licence shall state in the application an address in the Province where correspondence is to be mailed to the applicant and the addresses of all permanent and other offices in the Province.
4(4)A licensee shall notify the Minister in writing of any change in the licensee’s address in the Province where correspondence is to be mailed to the licensee.
4(5)A licensee shall, as a term and condition of the licence, display the licence prominently in an area to which the public has access at the licensee’s place of business.
93-206; 94-123
5(1)No pre-arranged funeral plan shall be entered into unless the licensee files a copy of the form of the plan with the Minister by sending the copy to the Branch.
5(2)When the format or content of a pre-arranged funeral plan is changed or modified by a licensee, the licensee shall file a copy of the changed or modified form of the plan with the Minister by sending the copy to the Branch.
5(3)A pre-arranged funeral plan shall set forth clearly
(a) a detailed description of the funeral services to be supplied by a licensee,
(b) a detailed description of the goods and services to be supplied by a client, and
(c) the geographic area where the funeral services are to be performed.
6Repealed: 93-206
6.1The fee for a licence is two hundred dollars.
88-100
7A licence is valid until the last day of the twelfth month following the issuance of the licence.
8A licensee shall notify the Minister within thirty days, by notice in writing to the Branch, of
(a) a change of address of the permanent office of the licensee,
(b) a change in the partners of a partnership, if the licensee is a partnership, or in the officers or directors of a corporation, if the licensee is a corporation, or
(c) a change of ownership in the business or a termination of the business.
9(1)The information to be reported to the Minister under subsection 7(1) of the Act shall be as of the thirty-first day of December in each year and shall be as set out in Form 1.
9(2)The information referred to in subsection (1) shall be submitted to the Minister by sending it by ordinary mail to the Branch before the thirty-first day of March in the year immediately following the year for which the information relates.
9(3)Notwithstanding subsection (1), a licensee shall, when requested by the Minister, report to the Minister such information as may be required in Form 1 by sending such information to the Branch.
10Money held in trust by a licensee under a pre-arranged funeral plan shall be paid to a financial institution within ten banking days after its receipt to be deposited as provided for in section 5 of the Act.
94-123
11No licensee or employee or representative of a licensee shall promote a pre-arranged funeral plan or solicit a person to enter into a pre-arranged funeral plan
(a) in or at a home or residence maintained for elderly persons or in or at a hospital facility or upon any lot or parcel of land upon which the home, residence or hospital facility is situated without first having obtained the written permission of the management of the home, residence or hospital facility,
(b) in or at a private residence or place of employment or upon any lot or parcel of land upon which the private residence or place of employment is situated without the prior approval of the person being solicited,
(c) by means of direct selling as defined in the Direct Sellers Act, or
(d) by telephone.
93-22
12A licensee shall maintain full and adequate records of the licensee’s business operations.
13Notwithstanding section 10, money held in trust by a licensee under a pre-arranged funeral plan which is not in a special fund on the commencement of this Regulation shall be paid to a trust company or credit union within thirty days after the commencement of this Regulation to be deposited as provided for in subsection 5(1) of the Act.
14The period of time for the cancellation, termination or discontinuance of a pre-arranged funeral plan under subsection 4(3) of the Act is seven days after entering into the plan.
15Where a pre-arranged funeral plan is terminated, cancelled or discontinued under subsection 4(4) of the Act after the period of time prescribed in section 14, the penalty payable, if any, shall be the lesser of the amount stipulated in the plan or one hundred and fifty dollars.
16(1)A pre-arranged funeral plan shall contain the following notice:
CANCELLATION RIGHTS
You or your personal representative have the right to terminate, cancel or discontinue this pre-arranged funeral plan with no penalty within seven days after entering into the plan. After that time, you or your personal 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 one hundred and fifty dollars. A notice of termination, cancellation or discontinuance may be sent to ________________
(licensee’s name and address)
16(2)The notice referred to in subsection (1) shall
(a) have the heading “CANCELLATION RIGHTS” in fourteen point bold capital letters,
(b) be in both official languages,
(c) have the language versions arranged in a side by side format,
(d) be set out clearly and outlined so as to be noticed by a person or a personal representative of the person,
(e) be the full width of the page and at least seven centimetres in height, and
(f) be placed immediately above the place and on the same page where the parties to the plan are to put their signatures.
17A financial institution which receives money in relation to one or more pre-arranged funeral plans shall maintain records in such a manner so as to show the interest of each person who is a beneficiary in the account, including the principal which has been paid under the plan and any accrued interest.
94-123
18Repealed: 93-206
19New Brunswick Regulation 86-84 under the Pre-arranged Funeral Services Act is repealed.
20This Regulation comes into force on May 1, 1988.
N.B. This Regulation is consolidated to June 22, 2006.