Acts and Regulations

2012, c.109 - Pre-arranged Funeral Services Act

Full text
Current to 1 January 2024
2012, c.109
Pre-arranged Funeral Services Act
Deposited December 13, 2012
Definitions
1The following definitions apply in this Act.
“bank” means a bank listed in Schedule I or II of the Bank Act (Canada).(banque)
“Board” means the Board for Registration of Embalmers, Funeral Directors and Funeral Providers appointed under the Embalmers, Funeral Directors and Funeral Providers Act.(Commission)
“Compensation Fund” means the Pre-arranged Funeral Services Compensation Fund established under this Act.(Fonds d’indemnisation)
“compliance officer” means a person appointed as a compliance officer under section 30.12.(agent de conformité)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.204
“credit union” means a credit union incorporated under the Credit Unions Act or any former Credit Unions Act of the Province.(caisse populaire)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Director to act on the Director’s behalf. (directeur)
“financial institution” means a bank, credit union or trust company.(institution financière)
“former licensee” means (ancien titulaire de permis)
(a) a person who was a licensed funeral provider but who no longer holds a funeral provider’s licence, or
(b) a person who held a licence under this Act before July 31, 2010, but who does not hold a funeral provider’s licence.
“funeral provider’s licence” means a funeral provider’s licence issued under section 5 that has not lapsed or been surrendered, suspended or cancelled.(permis de fournisseur de services funèbres)
“funeral services” means(services de pompes funèbres)
(a) services and commodities usual in the preparation for burial or cremation of the dead and the burial or cremation of the dead other than the supplying of lots, burial vaults, grave markers, vases and services rendered or to be rendered at the cemetery, and
(b) any other service prescribed by regulation.
“investigator” means a person appointed as an investigator under section 30.31.(enquêteur)
“legal representative” means a person who stands in place of and represents another person including, but not limited to, a trustee, an executor, an administrator, an agent, a committee or an attorney.(représentant légal)
“licensed funeral provider” means a person who is the holder of a funeral provider’s licence.(fournisseur autorisé de services funèbres)
“licensed manager” means a person who is the holder of a manager’s licence.(gérant autorisé)
“manager’s licence” means a manager’s licence issued under section 6 that has not lapsed or been surrendered or suspended or cancelled.(permis de gérant)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister under section 2 to act on the Minister’s behalf.(ministre)
“pre-arranged funeral plan” means an agreement by which in consideration of payment for it in advance, by a lump sum or instalments, a person contracts to provide funeral services for a person alive at the time the agreement is entered into, but does not include an agreement by which a person contracts to provide the funeral services in consideration of payment of the proceeds of an insurance policy payable on the death of the person for whom the funeral services are to be provided.(arrangement préalable d’obsèques)
“purchaser” means(acheteur)
(a) a person who enters into a pre-arranged funeral plan with a licensed funeral provider under this Act, or
(b) a person who, before July 31, 2010, entered into a pre-arranged funeral plan with a person who held a licence under this Act.
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act.(Tribunal)
“trust company” means a trust company authorized to do business in New Brunswick.(compagnie de fiducie)
“working day” means any day except a Saturday or a Sunday or other holiday.(jour ouvrable)
R.S.1973, c.P-14, s.1; 1978, c.D-11.2, s.31; 1986, c.66, s.1; 1994, c.26, s.1; 2004, c.51, s.93; 2006, c.16, s.138; 2006, c.20, s.1; 2008, c.13, s.1, s.2; 2012, c.39, s.114; 2013, c.31, s.25; 2016, c.36, s.13; 2016, c.37, s.145; 2017, c.12, s.1; 2019, c.29, s.120; 2023, c.6, s.16; 2023, c.17, s.204
Administration
2The Financial and Consumer Services Commission is responsible for the administration of this Act.
1986, c.66, s.2; 2013, c.31, s.25
Licensed funeral provider
3No person other than a licensed funeral provider shall
(a) undertake to provide or make provision for the funeral services of another person under a pre-arranged funeral plan, or
(b) solicit another person to enter into a pre-arranged funeral plan.
R.S.1973, c.P-14, s.2; 2006, c.20, s.2
Soliciting persons to enter into pre-arranged funeral plans
4Despite section 3, a person who is not a licensed funeral provider may without a licence under this Act solicit persons to enter into a pre-arranged funeral plan with a licensed funeral provider.
1986, c.66, s.3; 2006, c.20, s.3
Application for and issuance of funeral provider’s licence
5(1)A person who wishes to provide funeral services for remuneration, reward or compensation under pre-arranged funeral plans may apply to the Director for a funeral provider’s licence under this Act to enter into pre-arranged funeral plans in accordance with the regulations.
5(2)If the Director is satisfied that an applicant for a funeral provider’s licence is a reputable person and that the necessary agreements have been made with a financial institution, as required by this Act, for the deposit of and the reporting with respect to any money to be received under the pre-arranged funeral plans proposed to be entered into by the applicant, the Director may, subject to subsections (3) and (4), issue a licence to the applicant.
5(3)The Director shall not issue a funeral provider’s licence under subsection (2) unless the applicant is a licensed Funeral Provider under the Embalmers, Funeral Directors and Funeral Providers Act.
5(4)The Director shall not issue a funeral provider’s licence under subsection (2) if the applicant is in arrears in respect of payment of levies to the Board for deposit to the credit of the Compensation Fund.
5(5)The Director may at any time restrict a funeral provider’s licence by imposing any terms and conditions that he or she considers appropriate on the licence.
5(6)A licensed funeral provider shall comply with the terms and conditions imposed by the Director under subsection (5) and to any terms and conditions for the licence established by the regulations.
5(7)The Director shall not refuse to issue a funeral provider’s licence for a reason other than that referred to in subsection (3) or (4) or impose terms and conditions on the licence without giving the applicant or holder of the licence an opportunity to be heard.
5(8)A funeral provider’s licence remains valid for the period of time prescribed by regulation.
R.S.1973, c.P-14, s.3; 1986, c.66, s.4; 1994, c.26, s.2; 1995, c.30, s.1; 2004, c.51, s.93; 2006, c.20, s.4; 2013, c.31, s.25; 2016, c.36, s.13
Manager’s licence
6(1)Subject to subsection (7), a licensed funeral provider shall, for each location at which the licensed funeral provider carries on business in the Province, employ or contract with a licensed manager to act on behalf of the licensed funeral provider at the location.
6(2)A person may apply to the Director for a manager’s licence in accordance with the regulations.
6(3)If the Director is satisfied that an applicant for a funeral provider’s licence is a reputable person, the Director may, subject to subsection (4), issue a manager’s licence to the applicant.
6(4)The Director shall not issue a manager’s licence under subsection (3) unless the applicant is licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.
6(5)The Director may at any time restrict a manager’s licence by imposing any terms and conditions that he or she considers appropriate on the licence.
6(5.1)A licensed manager shall comply with the terms and conditions imposed by the Director under subsection (5) and to any terms and conditions for the licence established by the regulations.
6(5.2)The Director shall not refuse to issue a manager’s licence for a reason other than that referred to in subsection (4) or impose terms and conditions on the licence without giving the applicant or holder of the licence an opportunity to be heard.
6(5.3)A manager’s licence remains valid for the period of time prescribed by regulation.
6(6)For the location at which a licensed manager acts on behalf of a licensed funeral provider under subsection (1), the licensed manager
(a) shall represent the licensed funeral provider in all matters relating to its licensed activities under this Act,
(b) shall be responsible for the operation of the business of providing funeral services under pre-arranged funeral plans,
(c) shall ensure that the licensed funeral provider maintains books, records, accounts and documents in accordance with this Act and the regulations, and
(d) shall ensure that a person licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act and provided with the authority to do so by the licensed funeral provider, enters into pre-arranged funeral plans on behalf of the licensed funeral provider.
6(7)A licensed funeral provider who is an individual may be the licensed manager for one location at which the licensed funeral provider carries on business in the Province.
2006, c.20, s.5; 2013, c.31, s.25; 2016, c.36, s.13
Funeral provider’s licence and manager’s licence not transferable
7A funeral provider’s licence or a manager’s licence issued under this Act is not transferable.
2006, c.20, s.5
Standard Form of Pre-arranged Funeral Plan
8(1)In this section, “licensed funeral director” means a person licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.
8(2)Subject to subsection (3), a licensed funeral provider, with respect to every pre-arranged funeral plan entered into after July 31, 2010, shall ensure that both the purchaser and a licensed funeral director who has been provided by the licensed funeral provider with the authority to enter into pre-arranged funeral plans on behalf of the licensed funeral provider sign a Standard Form of Pre-arranged Funeral Plan prescribed by regulation.
8(3)A purchaser and a licensed funeral director who enter into a pre-arranged funeral plan or an agreement amending a pre-arranged funeral plan on behalf of a licensed funeral provider may agree to any addition to the Standard Form of Pre-arranged Funeral Plan that does not alter any right or duty as stated in this Act, the regulations or the Standard Form of Pre-arranged Funeral Plan.
8(4)Despite anything in this section, a pre-arranged funeral plan entered into by a purchaser and a licensed funeral provider is not invalid by reason only that it is not in the form of a Standard Form of Pre-arranged Funeral Plan.
2006, c.20, s.5
Signature of Director
2013, c.31, s.25
9The signature of the Director on a funeral provider’s licence or manager’s licence issued under this Act may be printed, stamped or otherwise mechanically reproduced on the licence.
1988, c.34, s.1; 2006, c.20, s.6; 2013, c.31, s.25
Money held under pre-arranged funeral plan
10(1)Subject to subsection (2), a licensed funeral provider holds in trust any money paid under a pre-arranged funeral plan held by the licensed funeral provider, including any money that may be payable as penalty under subsection (4), for the purposes for which it has been paid until
(a) the licensed funeral provider becomes entitled to the money as a result of having provided, in accordance with the plan, the funeral services or any portion of the funeral services that have been contracted for under the plan, or
(b) in the case of the termination, cancellation or discontinuance of the plan, the money, less any penalty payable under subsection (4), is refunded to the purchaser or paid to the purchaser’s legal representative.
10(2)Subject to subsection 29(2), subsection (1) applies with respect to a pre-arranged funeral plan entered into before the commencement of this subsection, except that the licensed funeral provider shall retain in trust, unless the plan is terminated, cancelled or discontinued, at least ten per cent of the total amount paid under the plan until all the funeral services contracted for under the plan have been provided.
10(3)When, at the request of the purchaser or the purchaser’s legal representative, a pre-arranged funeral plan is terminated, cancelled or discontinued within the period of time prescribed by regulation, no penalty or charge is payable, despite any provision in a contract or agreement to the contrary, with respect to the termination, cancellation or discontinuance.
10(4)When, at the request of the purchaser or the purchaser’s legal representative, a pre-arranged funeral plan is terminated, cancelled or discontinued after the period of time referred to in subsection (3), the person making the request shall, if the plan so provides, pay to the licensed funeral provider a penalty, not exceeding the amount prescribed by regulation.
10(5)When a penalty is payable under subsection (4), the amount of the penalty may be deducted by the licensed funeral provider from the money held in trust with respect to the plan that is being terminated, cancelled or discontinued.
10(6)Except as provided in subsection (4), no charge or penalty is payable on the termination, cancellation or discontinuance of a pre-arranged funeral plan and an agreement to pay any charge or penalty other than the penalty referred to in subsection (4) is void.
10(7)The provisions of this section with respect to penalties apply only with respect to pre-arranged funeral plans entered into after May 1, 1988.
10(8)Any money retained by a person in accordance with subsection 4(2) of this Act as it existed immediately before May 1, 1988, shall be dealt with by the person in accordance with the provisions of this Act as they existed at the time the pre-arranged funeral plan authorizing the retention was entered into.
R.S.1973, c.P-14, s.4; 1986, c.66, s.5; 1994, c.26, s.3; 2006, c.20, s.7; 2008, c.11, s.24
Content requirements of pre-arranged funeral plan
11Every pre-arranged funeral plan entered into after May 1, 1988, shall contain in accordance with the regulations
(a) a notice to the purchaser or the purchaser’s legal representative of the right to terminate, cancel or discontinue the plan, and
(b) the licensed funeral provider’s address to which correspondence may be sent.
1986, c.66, s.6; 2006, c.20, s.8
Deposit of money with financial institution
12Money held in trust by a licensed funeral provider under a pre-arranged funeral plan shall, within a period of time prescribed by regulation, be paid by the licensed funeral provider to a financial institution to be deposited in trust in an account with the financial institution by agreement with the licensed funeral provider.
R.S.1973, c.P-14, s.5; 1986, c.66, s.7; 1994, c.26, s.4; 1995, c.30, s.2; 2006, c.20, s.9, 2008, c.11, s.24
Proof of deposit
13Within 15 working days after having paid money to a financial institution under section 12 for deposit in trust in an account with the financial institution, a licensed funeral provider shall obtain from the financial institution proof that the deposit was made and provide a copy of the proof of deposit to the purchaser.
2006, c.20, s.10
Deposit to be insured
14A licensed funeral provider who holds money in trust under a pre-arranged funeral plan shall ensure that the money for each plan is deposited with a financial institution in such a manner so as to ensure that the deposit is insured under the Canada Deposit Insurance Corporation Act (Canada) or the Credit Unions Act and designated as a trust account both in the books of the licensed funeral provider and in the records of the institution.
1995, c.30, s.3; 2006, c.20, s.11
Duty of licensed funeral provider
15(1)Subject to subsection (2), a licensed funeral provider shall not withdraw any money paid to a financial institution under section 12 unless
(a) the funeral provider is entitled to the money as a result of having provided, in accordance with the pre-arranged funeral plan, the funeral services or any portion of the funeral services that have been contracted for under the plan, or
(b) the money, less any penalty payable under subsection 10(4), is withdrawn to refund it to the purchaser or pay it to the purchaser’s legal representative following the termination, cancellation or discontinuance of the plan.
15(2)Subject to subsection 29(2), subsection (1) applies with respect to a pre-arranged funeral plan entered into before July 31, 2010, except that the licensed funeral provider shall retain in trust, unless the plan is terminated, cancelled or discontinued, at least ten per cent of the total amount paid under the plan until all the funeral services contracted for under the plan have been provided.
15(3)If following termination, cancellation or discontinuance of a pre-arranged funeral plan a licensed funeral provider is not available to withdraw or refuses to withdraw money which the licensed funeral provider is required to refund to the purchaser or to pay to the purchaser’s legal representative, the financial institution may, upon the written direction of the Director, pay the money out to the purchaser or the purchaser’s legal representative from the account maintained for the licensed funeral provider.
15(4)If money is held in trust under a pre-arranged funeral plan by a person whose funeral provider’s licence is suspended or cancelled, the Director may order a financial institution to whom money was paid under section 12 by the licensed funeral provider to refrain from paying out all or any part of the money for the period of the suspension or cancellation, and the financial institution shall comply with the order.
15(5)Every pre-arranged funeral plan shall contain a statement that the money paid under the plan may be withdrawn or paid out in the manner specified under subsection (1) or (3) without payment of a penalty or charge other than as permitted by subsection 10(4).
15(6)Subject to any agreement between a licensed funeral provider and a purchaser to provide for the payment of the interest or any part of it to the purchaser, all interest earned on money paid under a pre-arranged funeral plan shall be held in trust by the licensed funeral provider.
15(7)Subsections (5) and (6) apply only with respect to pre-arranged funeral plans entered into after May 1, 1988.
R.S.1973, c.P-14, s.6; 1986, c.66, s.8; 1994, c.26, s.5; 1995, c.30, s.4; 2006, c.20, s.12; 2013, c.31, s.25
Compensation Fund
16(1)There is established a fund called the Pre-arranged Funeral Services Compensation Fund for the purpose of compensating purchasers of a pre-arranged funeral plan for those losses prescribed by regulation and for other purposes prescribed by regulation, subject to the limitations set by this Act or the regulations.
16(2)The Board shall administer the Compensation Fund subject to and in accordance with the regulations.
16(3)The Board is not an insurer for the purposes of the Insurance Act.
1994, c.26, s.6; 1995, c.30, s.5
Levy
17(1)A licensed funeral provider who holds in trust money paid under a pre-arranged funeral plan shall pay to the Board, in accordance with this Act and the regulations and in respect of each plan, a levy in an amount and within the time prescribed by regulation for deposit to the credit of the Compensation Fund.
17(2)Subject to subsections (3) and (4), a levy withdrawn by a person under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall be deemed to have been paid out of the proceeds of the pre-arranged funeral plan to which the licensee or former licensee is entitled on performance of the funeral services contracted for under the plan.
17(3)When a pre-arranged funeral plan is terminated, cancelled or discontinued, a levy withdrawn by a person under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall be deemed to have been paid out of the penalty payable under the plan, if one is provided for, or out of money the person is authorized to retain in accordance with subsection 10(8), and the person shall credit the amount of the levy withdrawn as payment towards any penalty payable under the plan or as payment towards any money the person is authorized to retain under subsection 10(8).
17(4)When a pre-arranged funeral plan is terminated, cancelled or discontinued and no penalty is provided for in the plan or the penalty is less than the amount of the levy withdrawn or the amount authorized to be retained under subsection 10(8), the person who withdrew the money under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall reimburse
(a) the full amount of the levy, if no penalty has been provided for or no amount is authorized to be retained under subsection 10(8), or
(b) the difference between the amount of the levy and the penalty or the amount authorized to be retained under subsection 10(8), if the levy is greater than the penalty or the amount authorized to be retained under subsection 10(8).
17(5)Despite any other provision of this Act or any provision in a pre-arranged funeral plan, no action lies against a person with respect to a withdrawal and payment of a levy under this section or in respect of any loss of interest that may have resulted because of the withdrawal and payment.
1994, c.26, s.6; 2006, c.20, s.13
Report and annual statement
18(1)Every licensed funeral provider shall, at such times as may be established by or in accordance with the regulations, report to the Director or the Board concerning any pre-arranged funeral plans undertaken by the licensed funeral provider and shall give to the Director or the Board the information in respect of the plans that is required by or in accordance with the regulations.
18(2)Every financial institution shall prepare as of December 31 in each year, and at such other times as the Director may require, a statement showing:
(a) the number of accounts maintained for licensed funeral providers by the financial institution under this Act;
(b) the amount standing at that date to the credit of each account and the name of the licensed funeral provider for whom the account is maintained;
(c) in respect of each account the persons who are paying money under a pre-arranged funeral plan with the licensed funeral provider for whom the account is maintained, and the amount paid and to be paid under it on behalf of each person;
(d) the sums charged by the financial institution as a service charge for maintaining the account and how those sums are derived; and
(e) such other matters as may be required by the regulations.
18(3)The statement required under subsection (2) as of December 31 in each year shall be sent by ordinary mail to the Director before January 31 in the year immediately following the year to which the statement relates, and any other statement required under subsection (2) shall be sent by ordinary mail to the Director before a date fixed by the Director.
R.S.1973, c.P-14, s.7; 1986, c.66, s.9; 1994, c.26, s.7; 1995, c.30, s.6; 2006, c.20, s.14; 2013, c.31, s.25
Inspection and restriction or prohibition of promotional materials
19(1)A licensed funeral provider shall forward for inspection to the Director, at the request of the Director, all advertising material, sales literature, catalogues, price lists, trade notices, brochures, folders, posters, displays, photographs, films and other material used or to be used by the licensed funeral provider, or by anyone acting on behalf of the licensed funeral provider, in relation to promoting pre-arranged funeral plans or to soliciting persons to enter into pre-arranged funeral plans.
19(2)The Director may restrict or prohibit the use by a licensed funeral provider of any advertising material, sales literature, catalogues, price lists, trade notices, brochures, folders, posters, displays, photographs, films or other material referred to in subsection (1) if the Director finds that the use of the material is on any reasonable grounds objectionable.
19(3)A restriction or prohibition issued under subsection (2) constitutes a condition to which the licence of the funeral provider’s licence is subject.
1986, c.66, s.10; 2006, c.20, s.15; 2013, c.31, s.25
Inspection relating to pre-arranged funeral plan
Repealed: 2016, c.36, s.13
2016, c.36, s.13
20Repealed: 2016, c.36, s.13
1986, c.66, s.10; 2006, c.20, s.16; 2013, c.31, s.25; 2016, c.36, s.13
Application of section 20
Repealed: 2016, c.36, s.13
2016, c.36, s.13
21Repealed: 2016, c.36, s.13
1995, c.30, s.7; 2013, c.31, s.25; 2016, c.36, s.13
Report by former licensee
2013, c.31, s.25
22A person who is a former licensee and who holds in trust any money under a pre-arranged funeral plan shall, no later than January 31 of each year, send a written notice by ordinary mail to the Director and the Board, stating the number of pre-arranged funeral plans held by the person and the amount of money held in trust in respect of the plans at the end of the preceding calendar year.
1995, c.30, s.7; 2013, c.31, s.25
Assignment of pre-arranged funeral plan
23(1)A licensed funeral provider may, with the consent of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.
23(1.1)A licensed funeral provider shall, at the request of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.
23(2)When an assignment of a pre-arranged funeral plan is made to another licensed funeral provider, the financial institution maintaining the account on behalf of the licensed funeral provider shall make all necessary changes in the records and funds in order to make the assignment complete, and if the account of the assignee is maintained elsewhere than with that financial institution, money held under the assigned pre-arranged funeral plan may be transferred to the account maintained on behalf of the assignee, on the payment by the assignee of the charges and fees of the financial institution.
23(3)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 an administrative fee that does not exceed the amount prescribed by regulation.
R.S.1973, c.P-14, s.8; 1986, c.66, s.11; 1994, c.26, s.8; 1995, c.30, s.8; 2006, c.20, s.17; 2008, c.13, s.2; 2017, c.12, s.2
Conflict with the Right to Information and Protection of Privacy Act
2016, c.36, s.13
23.1If a provision of this Act is inconsistent or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails.
2016, c.36, s.13
Act does not apply to
24This Act does not apply to
(a) a mutual benefit society,
(b) a fraternal society,
(c) an insurance company authorized to do business in New Brunswick, or
(d) any person or class of persons exempted from the Act by the Lieutenant-Governor in Council.
R.S.1973, c.P-14, s.9
Limitation period
Repealed: 2016, c.36, s.13
2016, c.36, s.13
25Repealed: 2016, c.36, s.13
1994, c.26, s.9; 2016, c.36, s.13
Person other than licensed funeral provider agreeing to provide funeral services
26No person, other than a licensed funeral provider under this Act, shall agree for remuneration, reward, or compensation
(a) to provide funeral services under a pre-arranged funeral plan, or
(b) to arrange the provision of funeral services under a pre-arranged funeral plan.
2008, c.11, s.24; 2016, c.36, s.13
Provision of services by third parties
2017, c.12, s.3
26.1(1)If agreed to by a purchaser and a licensed funeral provider in a pre-arranged funeral plan, the licensed funeral provider may contract with a third party to provide on its behalf funeral services under the pre-arranged funeral plan, but the licensed funeral provider remains responsible for the provision of the services under the plan.
26.1(2)This section applies only to the funeral services prescribed by regulation.
26.1(3)This section applies despite paragraph 3(a) and section 26.
2017, c.12, s.3
Offences and penalties
Repealed: 2016, c.36, s.13
2016, c.36, s.13
27Repealed: 2016, c.36, s.13
R.S.1973, c.P-14, s.10; 2006, c.20, s.18; 2008, c.11, s.24; 2016, c.36, s.13
Suspension or cancellation of licence
28(1)The Director may, after notice to the licensed funeral provider and a hearing, suspend or cancel a funeral provider’s licence issued under this Act if the Director is satisfied that the licensed funeral provider
(a) has violated or failed to comply with any provision of this Act, has been charged with or convicted of an offence under this Act or has violated any term or condition to which the licence is subject,
(b) has made a statement in the application for the licence or in any information or material submitted, provided, produced, delivered or given to or filed with the Director that is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(c) has been charged with or convicted of misrepresentation, theft or fraud in relation to the business of providing funeral services under pre-arranged funeral plans or in relation to any other business, or
(d) has demonstrated incompetence or untrustworthiness in carrying on the business of providing funeral services under pre-arranged funeral plans.
28(2)The Director may, after notice to the licensed manager and a hearing, suspend or cancel a manager’s licence issued under this Act if the Director is satisfied that the licensed manager
(a) has violated or failed to comply with any provision of this Act, has been charged with or convicted of an offence under this Act or has violated any term or condition to which the licence is subject,
(b) has made a statement in the application for the licence or in any information or material submitted, provided, produced, delivered or given to or filed with the Director that is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(c) has been charged with or convicted of misrepresentation, theft or fraud in relation to the business of providing funeral services under pre-arranged funeral plans or in relation to any other business, or
(d) has demonstrated incompetence or untrustworthiness in relation to the business of providing funeral services under pre-arranged funeral plans.
28(3)Subject to subsection (4), the Director may suspend a funeral provider’s licence or a manager’s licence issued under this Act without a hearing for a period not exceeding 15 days if the Director is satisfied that the licensed funeral provider or licensed manager, as the case may be, has violated or failed to comply with any provision of this Act.
28(4)If a hearing is commenced under subsection (1) or (2), as the case may be, within the 15-day period referred to in subsection (3), the Director may extend the suspension of the funeral provider’s licence or manager’s licence until the hearing is concluded.
28(5)Repealed: 2013, c.31, s.25
28(6)Repealed: 2013, c.31, s.25
28(7)Repealed: 2013, c.31, s.25
28(8)The Director may cancel a funeral provider’s licence issued under this Act if the Director is satisfied that the licensed funeral provider is in arrears more than ten days with respect to any levies that are required to be paid to the Board for deposit to the credit of the Compensation Fund.
28(9)When a funeral provider’s licence is cancelled the Director shall assign all pre-arranged funeral plans entered into by the person whose funeral provider’s licence is cancelled to one or more other licensed funeral providers, with notice to the persons affected by the assignment.
28(10)When a funeral provider’s licence or manager’s licence is cancelled, the Director shall publish notice of the cancellation once in one or more newspapers having general circulation in the Province.
28(11)When a funeral provider’s licence is suspended, has lapsed or has been surrendered or if a licensed funeral provider is unable or unwilling to perform the contracted service under one or more pre-arranged funeral plans, the Director may assign any or all pre-arranged funeral plans entered into by the person whose funeral provider’s licence is suspended, lapsed or surrendered or by the licensee who is unable or unwilling to perform the contracted service, to one or more other licensed funeral providers, with notice to the persons affected by the assignment.
28(12)An assignment under subsection (9) or (11) is effective to assign the pre-arranged funeral plans specified in the assignment and the interest of the person or licensed funeral provider in any agreement with a financial institution under section 12 with respect to money paid under the pre-arranged funeral plans, and is binding on all persons affected by the assignment.
R.S.1973, c.P-14, s.11; 1986, c.66, s.12; 1994, c.26, s.10; 2006, c.20, s.19; 2013, c.31, s.25; 2016, c.36, s.13
Appeal
28.1(1)A person directly affected by any of the following decisions of the Director may appeal the decision to the Tribunal:
(a) the refusal to issue a funeral provider’s licence for a reason other than that referred to in subsection 5(3) or (4);
(b) the imposition of a term or condition under subsection 5(5) or 6(5);
(c) the refusal to issue a manager’s licence for a reason other than that referred to in subsection 6(4);
(d) the issuance of or the refusal to issue a direction under subsection 15(3);
(e) the making of or the refusal to make an order under subsection 15(4);
(f) the imposition of a restriction or prohibition under subsection 19(2);
(g) the suspension or cancellation of a funeral provider’s licence under subsection 28(1) or of a manager’s licence under subsection 28(2).
28.1(2)An appeal under subsection (1) shall be made within 30 days after the date of the decision.
28.1(3)Despite subsection (2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.
2013, c.31, s.25; 2016, c.36, s.13; 2017, c.48, s.13
Application of Act to certain pre-arranged funeral plans
29(1)Except as provided by this section and sections 12 and 13, this Act does not apply to pre-arranged funeral plans entered into before June 20, 1963.
29(2)If before June 20, 1963, a pre-arranged funeral plan was entered into,
(a) seventy-five per cent of the money paid or payable under that plan shall be held in trust for the purposes of the plan and deposited, as required by the regulations, with a financial institution until required to be used or expended in accordance with the terms of the pre-arranged funeral plan, and
(b) any term or provision of the pre-arranged funeral plan that provides for the forfeiture of the money paid under the plan in the event that the full amount agreed on is not paid or is not paid within the times stipulated is void except as to 25% of the amount agreed to be paid under the plan.
R.S.1973, c.P-14, s.12; 1986, c.66, s.13; 1994, c.26, s.11; 2006, c.20, s.20
Freedom from legal process of money paid
30Any money standing to the credit of a pre-arranged funeral plan is not, while in the hands of the financial institution or while in course of transmission from or to the person who is to provide the funeral services under the pre-arranged funeral plan, liable to demand, seizure or detention under legal process as against the purchaser or the purchaser’s legal representative or as against the person to whom the money is to be paid under the pre-arranged funeral plan for the provision of funeral services.
R.S.1973, c.P-14, s.13; 1986, c.66, s.14; 1994, c.26, s.12; 2006, c.20, s.21
Record-keeping
2016, c.36, s.13
30.1(1)The following definition applies in this section.
“regulatory authority” means a person empowered by the laws of a jurisdiction to regulate the activities of licensed funeral providers.
30.1(2)A licensed funeral provider shall keep books, records and documents that are necessary for the proper recording of its business and affairs and any other books, records and documents that are otherwise required under this Act or the regulations.
30.1(3)A licensed funeral provider shall keep the books, records and documents at a safe location and in a durable form.
30.1(4)A licensed funeral provider shall retain the books, records and documents for a minimum period of seven years following:
(a) the full performance of the funeral services to which the books, records and documents relate, or
(b) the termination, cancellation, discontinuance or assignment of the pre-arranged funeral plan to which the books, records and documents relate.
30.1(5)A licensed funeral provider shall deliver to the Director, or to any other employee of the Financial and Consumer Services Commission, at any time that the Director or other employee requires
(a) any of the books, records and documents that are required to be kept by the licensed funeral provider under this Act or the regulations, and
(b) any filings, reports or other communications made to any other regulatory authority.
2016, c.36, s.13
False or misleading advertisement
2016, c.36, s.13
30.11(1)No licensed funeral provider shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.
30.11(2)If, in the opinion of the Director, a licensed funeral provider has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Director may order the licensed funeral provider to stop using that material immediately.
2016, c.36, s.13
Compliance review
2016, c.36, s.13
30.12(1)The Financial and Consumer Services Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.
30.12(2)The Financial and Consumer Services Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.
30.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may
(a) enter the premises of a licensed funeral provider or a former licensee during normal business hours,
(b) require a licensed funeral provider or former licensee or an officer or employee of a licensed funeral provider or of a former licensee to produce for inspection, examination, auditing or copying any books, records or documents relating to the business or affairs of the licensed funeral provider or former licensee,
(c) inspect, examine, audit or copy the books, records or documents relating to the business or affairs of a licensed funeral provider or former licensee, and
(d) question a licensed funeral provider or former licensee or an officer or employee of a licensed funeral provider or of a former licensee in relation to the business or affairs of the licensed funeral provider or former licensee.
30.12(4)In carrying out a compliance review, a compliance officer may
(a) use a data processing system at the premises where the books, records or documents are kept,
(b) reproduce any book, record or document, and
(c) use any copying equipment at the premises where the books, records or documents are kept to make copies of any book, record or document.
30.12(5)A compliance officer may carry out a compliance review within or outside the Province.
30.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.
30.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.
30.12(8)The Financial and Consumer Services Commission may, in circumstances prescribed by regulation, require a licensed funeral provider or former licensee in respect of which a compliance review was carried out to pay the Financial and Consumer Services Commission any fee prescribed by regulation and to reimburse the Financial and Consumer Services Commission for any expenses prescribed by regulation.
2016, c.36, s.13
Removal of documents
2016, c.36, s.13
30.2(1)A compliance officer who removes books, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or documents removed and return the books, records or documents as soon as possible after the making of copies or extracts.
30.2(2)A copy or extract of any book, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.
2016, c.36, s.13
Misleading statements
2016, c.36, s.13
30.21No person shall knowingly make a false or misleading statement, either orally or in writing, to a compliance officer while the compliance officer is engaged in carrying out his or her duties under this Act or the regulations.
2016, c.36, s.13
Obstruction
2016, c.36, s.13
30.22(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Act, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.
30.22(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.
2016, c.36, s.13
Provision of information to Director
2016, c.36, s.13
30.3(1)The Director may make an order under subsection (2)
(a) for the administration of this Act or the regulations, or
(b) to assist in the administration of similar legislation of another jurisdiction.
30.3(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Director may require any of the following persons to provide information or to produce books, records or documents or classes of books, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:
(a) a licensed funeral provider;
(b) a former licensee; or
(c) any person that is not a licensed funeral provider and that is, or the Director has reason to suspect is, carrying out a regulated activity.
30.3(3)The Director may require that the authenticity, accuracy or completeness of information provided or of a book, record or document or a class of books, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.
30.3(4)The Director may require that the information provided or that the books, records or documents or classes of books, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, records or documents or classes of books, records or documents are already available in that form.
2016, c.36, s.13
Investigation order
2016, c.36, s.13
30.31(1)The Financial and Consumer Services Commission may, by order, appoint a person as an investigator to make any investigation that the Financial and Consumer Services Commission considers expedient
(a) for the administration of this Act or the regulations, or
(b) to assist in the administration of similar legislation of another jurisdiction.
30.31(2)In its order, the Financial and Consumer Services Commission shall specify the scope of an investigation to be carried out under subsection (1).
2016, c.36, s.13
Powers of investigator
2016, c.36, s.13
30.32(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine
(a) the business or affairs of that person,
(b) any books, records, documents or communications connected with that person, and
(c) any property or assets owned, acquired or disposed of, in whole or in part, by that person or by a person acting on behalf of or as agent for that person.
30.32(2)For the purposes of an investigation under this Act, an investigator may inspect and examine any book, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.
30.32(3)An investigator making an investigation under this Act may, on production of the order appointing him or her,
(a) enter the business premises of any person named in the order during normal business hours and inspect and examine any book, record, document or thing that is used in the business of that person and that relates to the order,
(b) require the production of any book, record, document or thing referred to in paragraph (a) for inspection or examination, and
(c) on giving a receipt, remove the book, record, document or thing inspected or examined under paragraph (a) or (b) for the purpose of further inspection or examination.
30.32(4)Inspection or examination under this section shall be completed as soon as possible and the books, records, documents or things shall be returned promptly to the person who produced them.
30.32(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, record, document or thing reasonably required under subsection (3) by an investigator.
2016, c.36, s.13
Power to compel evidence
2016, c.36, s.13
30.4(1)An investigator making an investigation under this Act has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things as the Court of King’s Bench has for the trial of civil actions.
30.4(2)On the application of an investigator to the Court of King’s Bench, the failure or refusal of a person to attend, to take an oath, to answer questions or to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of King’s Bench.
30.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.
30.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.
2016, c.36, s.13; 2023, c.17, s.204
Investigators authorized as peace officers
2016, c.36, s.13
30.41Every investigator in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
2016, c.36, s.13
Seized property
2016, c.36, s.13
30.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, documents or things seized under this Act, the books, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.
30.42(2)If books, records, documents or things are seized under this Act and the matter for which the books, records, documents or things were seized is concluded, the investigator shall return those books, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.
30.42(3)If books, records, documents or things are seized under this Act and the person who was in lawful possession of the books, records, documents or things at the time of the seizure alleges that the books, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of King’s Bench for the return of the books, records, documents or things.
30.42(4)On a motion under subsection (3), the Court of King’s Bench shall order the return of any books, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, documents or things at the time of the seizure.
2016, c.36, s.13; 2023, c.17, s.204
Report of investigation
2016, c.36, s.13
30.5(1)If an investigation has been made under this Act, the investigator shall, at the request of the Financial and Consumer Services Commission, provide to the Financial and Consumer Services Commission a report of the investigation or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.
30.5(2)A report that is provided to the Financial and Consumer Services Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.
2016, c.36, s.13
Prohibition against disclosure
2016, c.36, s.13
30.51(1)For the purpose of protecting the integrity of an investigation under this Act, the Financial and Consumer Services Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:
(a) the fact that an investigation is being conducted;
(b) the name of any person examined or sought to be examined;
(c) the nature or content of any questions asked;
(d) the nature or content of any demands for the production of any document or other thing; or
(e) the fact that any document or other thing was produced.
30.51(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Director in writing.
30.51(3)An investigator making an investigation under this Act may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.
2016, c.36, s.13
Non-compellability
2016, c.36, s.13
30.52None of the following persons is compellable to give evidence in any court or in any proceeding of a judicial nature concerning any information that comes to the knowledge of the person in the exercise of the powers or performance of the duties of that person in relation to an investigation under this Act:
(a) an investigator;
(b) the Financial and Consumer Services Commission;
(c) a member of the Financial and Consumer Services Commission;
(d) an employee of the Financial and Consumer Services Commission;
(e) a member of the Tribunal; and
(f) a person engaged by the Financial and Consumer Services Commission under section 18 of the Financial and Consumer Services Commission Act.
2016, c.36, s.13
Offences generally
2016, c.36, s.13
30.6(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:
(a) makes a statement in any information or material submitted, provided, produced, delivered or given to or filed with the Financial and Consumer Services Commission, the Director, a compliance officer, an investigator or any person acting under the authority of the Financial and Consumer Services Commission or the Director that is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(b) makes a statement in any information or material required to be submitted, provided, produced, delivered, given or filed under this Act or the regulations that is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading;
(c) withholds, destroys, conceals, alters or refuses to produce any information or thing reasonably required for the purposes of an administrative proceeding under this Act or the regulations;
(d) violates or fails to comply with a provision of this Act that is listed in Schedule A;
(e) violates or fails to comply with a decision, ruling, order, temporary order or direction of the Financial and Consumer Services Commission, the Director or the Tribunal made or given under this Act or the regulations;
(f) violates or fails to comply with a written undertaking made by that person to the Financial and Consumer Services Commission, the Director or the Tribunal under this Act or the regulations; or
(g) violates or fails to comply with any provision of the regulations.
30.6(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if
(a) the person did not know and in the exercise of reasonable diligence could not have known that the statement was misleading or untrue or that it omitted to state a fact that was required to be stated or that was necessary to make the statement not misleading in light of the circumstances in which it was made, and
(b) on becoming aware that the statement was misleading or untrue or that it omitted to state a fact that was required to be stated or that was necessary to make the statement not misleading, the person notified the Financial and Consumer Services Commission.
2016, c.36, s.13
Misleading or untrue statements
2016, c.36, s.13
30.61In carrying on a regulated activity, no person shall make a statement that the person knows or reasonably ought to know is misleading or untrue or does not state a fact that is required to be stated or that is necessary to make the statement not misleading.
2016, c.36, s.13
Interim preservation of property
2016, c.36, s.13
30.62(1)On the application of the Financial and Consumer Services Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:
(a) an order directing a person having on deposit or under control or for safekeeping any funds, securities or property to retain the funds, securities or property and to hold them;
(b) an order directing a person to refrain from withdrawing the person’s funds, securities or property from any other person having any of them on deposit or under control or for safekeeping; or
(c) an order directing a person to hold all funds, securities or property of clients or others in the person’s possession or control in trust for any interim receiver, custodian, trustee, receiver, receiver and manager or liquidator appointed under the Business Corporations Act, the Companies Act, the Judicature Act, the Bankruptcy and Insolvency Act (Canada), the Winding-up and Restructuring Act (Canada) or any other Act of the Legislature or of Canada.
30.62(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.
30.62(3)An order under subsection (1) is effective for seven days after its making, but the Financial and Consumer Services Commission may apply to the Court of King’s Bench to continue the order or for any other order that the Court of King’s Bench considers appropriate.
30.62(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.
30.62(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.
30.62(6)The Tribunal, on the application of the Financial and Consumer Services Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.
30.62(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.
30.62(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Financial and Consumer Services Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.
30.62(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.
2016, c.36, s.13; 2023, c.2, s.199; 2023, c.17, s.204
Orders in the public interest
2016, c.36, s.13
30.7(1)On the application of the Financial and Consumer Services Commission, the Tribunal, if in its opinion it is in the public interest to do so, may make one or more of the following orders:
(a) an order that a licence be suspended or restricted for the period specified in the order or be cancelled, or that terms and conditions be imposed on the licence;
(b) an order that any exemptions contained in this Act or the regulations do not apply to a person permanently or for any period specified in the order;
(c) an order that a person cease conducting all or any regulated activities;
(d) an order that a person submit to a review of the person’s practices and procedures relating to regulated activities and institute any changes directed by the Tribunal;
(e) if the Tribunal is satisfied that this Act or the regulations have not been complied with, an order that any document or statement described in the order
(i) be provided by a person,
(ii) not be provided to a person, or
(iii) be amended to the extent that amendment is practicable;
(f) an order that a person be reprimanded;
(g) an order that a person amend, in the manner specified in the order, any information or material of any kind described in the order that is disseminated to the public;
(h) an order that a person cease violating or comply with, and that the directors and officers of the person cause the person to cease violating or to comply with, this Act and the regulations;
(i) if a person has not complied with this Act or the regulations, an order requiring the person to disgorge to the Financial and Consumer Services Commission any amounts obtained as a result of the non-compliance.
30.7(2)The Tribunal may impose any terms and conditions that the Tribunal considers appropriate on an order under this section.
30.7(3)A person who is the subject of an order made under this section shall comply with any terms and conditions imposed on the order.
30.7(4)Unless the parties and the Tribunal consent, no order shall be made under this section without a hearing.
30.7(5)Despite subsection (4), if in the opinion of the Tribunal the length of time required to hold a hearing could be prejudicial to the public interest, the Tribunal, without a hearing, may make a temporary order under paragraph (1)(a), (b), (c) or (f).
30.7(6)The temporary order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Tribunal.
30.7(7)The Tribunal may extend a temporary order until the hearing is concluded if a hearing is commenced within the 15-day period.
30.7(8)The Financial and Consumer Services Commission shall without delay give written notice of an order or temporary order made under this section to any person directly affected by the order or temporary order.
2016, c.36, s.13
Administrative penalty
2016, c.36, s.13
30.71(1)On the application of the Financial and Consumer Services Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal
(a) determines that the person has violated or failed to comply with this Act or the regulations, and
(b) is of the opinion that it is in the public interest to make the order.
30.71(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Financial and Consumer Services Commission or the Director related to the same matter.
2016, c.36, s.13
Directors and officers
2016, c.36, s.13
30.8If a person other than an individual violates or has not complied with this Act or the regulations, a director or officer of the person who authorized, permitted or acquiesced in the violation or non-compliance shall be deemed also to have violated or not complied with this Act or the regulations, whether or not any proceeding has been commenced against the person under this Act or the regulations or any order has been made against the person under section 30.7.
2016, c.36, s.13
Resolution of administrative proceedings
2016, c.36, s.13
30.81(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Financial and Consumer Services Commission, the Tribunal or the Director under this Act or the regulations may be disposed of by
(a) an agreement approved by the Financial and Consumer Services Commission, the Tribunal or the Director, as the case may be,
(b) a written undertaking made by a person to the Financial and Consumer Services Commission, the Tribunal or the Director that has been accepted by the Financial and Consumer Services Commission, the Tribunal or the Director, as the case may be, or
(c) a decision of the Financial and Consumer Services Commission, the Tribunal or the Director, as the case may be, made without a hearing or without compliance with a requirement of this Act or the regulations, if the parties have waived the hearing or compliance with the requirement.
30.81(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Financial and Consumer Services Commission, the Tribunal or the Director under any other provision of this Act or under the regulations.
2016, c.36, s.13
Limitation period
2016, c.36, s.13
30.9No proceeding under this Act or the regulations shall be commenced more than six years after the date of the occurrence of the last event on which the proceeding is based.
2016, c.36, s.13
Regulations
31The Lieutenant-Governor in Council may make regulations
(a) respecting forms for use under this Act and the regulations;
(b) respecting the form and content of pre-arranged funeral plans;
(c) prescribing the Standard Form of Pre-arranged Funeral Plan;
(d) prescribing fees payable under this Act and the regulations;
(d.1) prescribing services for the purposes of the definition “funeral services” in section 1;
(d.2) prescribing funeral services for the purposes of subsection 26.1(2);
(d.3) prescribing the maximum amount of an administrative fee for the purposes of subsection 23(3);
(e) respecting the application for and the issuing of licences, including the information to be provided by and the conditions to be met by an applicant before a licence is issued and the terms and conditions to which licences are subject;
(f) respecting reports to be made under this Act, the times for reporting and the information to be contained in reports;
(f.1) requiring, for the purposes of subsection 30.1(2), that certain books, records or documents be kept;
(f.2) authorizing disclosures for the purposes of subsection 30.51(2);
(f.3) prescribing circumstances, fees and expenses for the purposes of subsection 30.12(8);
(g) Repealed: 2016, c.36, s.13
(h) Repealed: 2013, c.31, s.25
(i) prescribing the period of time during which a funeral provider’s licence or manager’s licence is valid;
(j) respecting the display on pre-arranged funeral plans of the funeral provider’s address to which correspondence may be sent;
(k) respecting the display on pre-arranged funeral plans of notice of termination, cancellation or discontinuance rights, including the placement, format and wording of the notice and the form, size, type and colouring of the lettering used in the notice and respecting the use in any such notice of both official languages of the Province in specified circumstances;
(l) prescribing the losses for which compensation is payable from the Compensation Fund;
(m) prescribing other purposes for which money from the Compensation Fund may be used;
(n) respecting the administration of the Compensation Fund;
(o) respecting the investing of money in the Compensation Fund and the paying out of money from the Compensation Fund;
(p) prescribing the amount of levies to be paid for deposit to the credit of the Compensation Fund and the time within which the levies are to be paid;
(q) respecting the purchase of insurance to supplement the Compensation Fund;
(r) respecting appeals from a refusal to pay out of the Compensation Fund;
(s) respecting the powers and duties of the Board;
(t) respecting payment out of the Compensation Fund and procedures to be followed with respect to payments out of the Compensation Fund;
(u) respecting limitations on the amount of any claim against the Compensation Fund;
(v) respecting limitations as to when a claim against the Compensation Fund may be made;
(w) respecting audits of the Compensation Fund;
(x) respecting the manner in which pre-arranged funeral plans may be promoted or in which persons may be solicited to enter into such plans, including regulating, limiting or prohibiting the promotion or solicitation in specified places;
(y) prohibiting the direct selling, within the meaning of the Direct Sellers Act, of pre-arranged funeral plans;
(z) prescribing penalties payable on the termination, cancellation or discontinuance of a pre-arranged funeral plan;
(aa) prescribing the period of time within which a pre-arranged funeral plan may be terminated, cancelled or discontinued without penalty or charge;
(bb) respecting the manner in which a financial institution shall maintain records with respect to each pre-arranged funeral plan in relation to which money has been paid to the financial institution;
(cc) prescribing the period of time within which money paid under a pre-arranged funeral plan must be paid to a financial institution;
(dd) exempting any person or class of persons from this Act.
R.S.1973, c.P-14, s.14; 1986, c.66, s.15; 1994, c.26, s.13; 1995, c.30, s.9; 2006, c.20, s.22; 2013, c.31, s.25; 2016, c.36, s.13; 2017, c.12, s.4
SCHEDULE A
Number of provision
3
5(6)
6(1)
6(5.1)
8(2)
10(8)
12
13
14
15(1)
15(4)
15(6)
17(1)
17(4)
18(1)
18(2)
19(1)
22
26
30.1(2)
30.1(3)
30.1(4)
30.1(5)(a)
30.1(5)(b)
30.11(1)
30.21
30.22(1)
30.32(5)
30.61
30.7(3)
2008, c.11, s.24; 2016, c.36, s.13
N.B. This Act was proclaimed and came into force March 1, 2013.
N.B. This Act is consolidated to June 16, 2023.