4(1)A claimant may make a claim for payment out of the Compensation Fund by giving written notice of the claim to the Board, which notice shall specify the relevant particulars of the pre-arranged funeral plan, the failure or breach of the licensed funeral provider, efforts made by the claimant to secure compliance by the licensed funeral provider or to recover money from the licensed funeral provider and any unusual or mitigating factors the Board should take into consideration when assessing the claim.

4(2)A claim for payment out of the Compensation Fund may only be made

4(3)Notwithstanding subsection (2), if in the opinion of the Board the circumstances warrant it, the Board may grant an extension of time for making a claim against the Compensation Fund.

5(1)The Board shall determine the eligibility and the amount of any claim made by a person and shall, subject to subsection (2), direct the trustee to pay any claim or any part of a claim that meets the requirements of this Regulation.

5(2)No amount in excess of the principal amount of the pre-arranged funeral plan in respect of which the claim is made shall be paid out of the Compensation Fund.

5(3)The Board may require as a condition precedent to making payment of a claim or any part of a claim, the delivery and execution of such documents as the Board in its discretion considers necessary, including such documents as are necessary for transferring to the Board the interest of the person in the claim in relation to the principal amount of the pre-arranged funeral plan so as to subrogate the Board to the position of the claimant against the licensed funeral provider.

5(4)No amount shall be paid out of the Compensation Fund until the claimant assigns to the Board any judgment or other right of any kind the claimant has against the licensed funeral provider.

5(5)If a claim is approved by the Board, the trustee shall pay the claim out of the Compensation Fund as directed by the Board.

6(1)If the Board determines that a claim or any part of a claim made under section 4 is not a proper claim, it shall give written notice of its decision, containing the reasons for the decision, to the claimant and shall forward a copy of the notice to the Director.

6(2)A notice by the Board under subsection (1) shall be sent by ordinary mail and shall be deemed to have been received by the claimant within seven days after it has been mailed.

6(3)A notice by the Board under subsection (1) shall inform the claimant that the claimant is entitled to appeal the Board’s decision to the Director if the claimant mails or delivers to the Director an appeal within fifteen days after the notice is received by the claimant.

6(4)An appeal by a claimant to the Director shall be made in writing within fifteen days after the claimant receives the notice of the Board.

6(5)Notwithstanding subsection (4), if in the opinion of the Director the circumstances warrant it, the Director may grant an extension of time for the making of an appeal.

6(6)If a claimant requires a hearing before the Director, the Director shall appoint a time for and hold the hearing and, after affording the claimant an opportunity to be heard, may confirm the decision of the Board or may set aside the decision of the Board with respect to all or any part of the claim and, subject to subsection 5(2), direct the Board to pay from the Compensation Fund an amount determined by the Director.

6(7)The Board shall, upon receipt of a direction from the Director under subsection (6), direct the trustee to pay out to the claimant the amount determined by the Director.

6(8)The claimant who requests the hearing and such other persons that the Director specifies are parties to the hearing.

7(1)The Board may employ or retain such persons as it may reasonably require to assist in the administration of the Compensation Fund.

7(2)The Board may employ or authorize the employment of such persons to act as claims officers and clerks as it may reasonably require to assist in the consideration and resolution of claims and the operation of the Compensation Fund.

7(3)All fees, costs and expenses incurred by the Board in the administration and operation of the Compensation Fund shall be paid by the trustee from the Compensation Fund on the direction of the Board and shall be deducted first from the income of the Compensation Fund and in the event of any deficiency, from the capital of the Compensation Fund.

8(1)The Board shall appoint a trust company licensed under the Loan and Trust Companies Act as the trustee of the Compensation Fund.

8(2)The trustee is entitled to be reimbursed for any and all fees, costs, charges and expenses reasonably incurred by the trustee in the performance of its duties.

8(3)All fees, costs, charges and expenses of the trustee directed to be paid by the Board shall be deducted first from the income of the Compensation Fund and in the event of any deficiency, from the capital of the Compensation Fund.

9(3)The levy payable under subsection 17(1) of the Act in respect of a pre-arranged funeral plan entered into on or after July 1, 1997 is five dollars and is payable within fifteen days after the end of the quarter of the calendar year during which the pre-arranged funeral plan is entered into.

10(2)A licensed funeral provider shall, whether or not a levy referred to in subsection 9(3) is payable, submit a report to the Board indicating, for each quarter of the calendar year, the number of pre-arranged funeral plans entered into during the quarter.

10(3)A licensed funeral provider shall submit a report referred to in subsection (2) within fifteen days after the period in respect of which it is prepared.