Acts and Regulations

88-32 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 88-32
under the
Pre-arranged Funeral Services Act
(O.C. 88-146)
Filed March 14, 1988
Under section 31 of the Pre-arranged Funeral Services Act, the Lieutenant-Governor in Council makes the following Regulation:
2013, c.31, s.26
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;(Loi)
“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;(bénéficiaire)
“Branch” Repealed: 2013, c.31, s.26
“HST” means the harmonized sales tax payable under Part IX of the Excise Tax Act (Canada). (TVH)
“special fund” Repealed: 2010-102
94-123; 2006, c.16, s.139; 2010-102; 2012, c.39, s.115; 2013, c.31, s.26; 2019-7
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.
2019-7
3An application for a funeral provider’s licence or manager’s licence shall be on a form provided by the Director.
2010-102; 2013, c.31, s.26
4(1)An application for a funeral provider’s licence shall be accompanied by
(a) a copy of the agreement made between the applicant and a financial institution as required by the Act, and
(b) Repealed: 2010-102
(c) Repealed: 2010-102
(d) evidence satisfactory to the Director that the applicant is licensed as a Funeral Provider under the Embalmers, Funeral Directors and Funeral Providers Act.
(e) Repealed: 93-206
4(2)An applicant for a funeral provider’s licence shall maintain a permanent office in the Province.
4(3)An applicant for a funeral provider’s 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 licensed funeral provider shall notify the Director in writing of any change in the licensed funeral provider’s address in the Province where correspondence is to be mailed to the licensed funeral provider.
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.
93-206; 94-123; 2010-102; 2013, c.31, s.26; 2019-7
4.1An application for a manager’s licence shall be accompanied by evidence satisfactory to the Director that the applicant is licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.
2010-102; 2013, c.31, s.26
5(1)In this section, “licensed funeral director” means a licensed funeral director as defined in subsection 8(1) of the Act.
5(2)A Standard Form of Pre-arranged Funeral Plan referred to in section 8 of the Act shall be in Form 2, shall bear a unique identifying number provided by the Director, 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 15(6) 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;
(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; and
(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.
5(3)If an agreement relating to the payment of interest is entered into by the licensed funeral provider and purchaser under subsection 15(6) 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 Director.
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.
2010-102; 2013, c.31, s.26; 2019-7
6Repealed: 93-206
6.1Repealed: 2022-56
88-100; 2010-102; 2022-56
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.
2010-102; 2019-7
8A licensed funeral provider shall notify the Director within 30 days, by notice in writing, of
(a) a change of address of the permanent office of the licensed funeral provider,
(b) a change in the partners of a partnership, if the licensed funeral provider is a partnership, or in the officers or directors of a corporation, if the licensed funeral provider is a corporation, or
(c) a change of ownership in the business or a termination of the business.
2010-102; 2013, c.31, s.26; 2019-7
9(1)The information to be reported to the Director under subsection 18(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 Director by sending it by ordinary mail before the thirty-first day of March in the year immediately following the year for which the information relates.
9(3)Despite subsection (1), a licensed funeral provider, when requested by the Director, shall report to the Director the information that may be required in Form 1.
2010-102; 2013, c.31, s.26; 2019-7
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 12 of the Act.
94-123; 2010-102; 2019-7
11No licensed funeral provider or employee or representative of a licensed funeral provider 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; 2010-102; 2019-7
12(1)Repealed: 2019-7
12(2)For the purposes of subsection 30.1(2) of the Act, a licensed funeral provider shall maintain 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) Repealed: 2019-7
(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 12 of the Act, a copy of the proof of deposit that the licensed funeral provider is required to obtain under section 13 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)Repealed: 2016, c.36, s.14
2010-102; 2016, c.36, s.14; 2019-7
13Repealed: 2010-102
2010-102
14The period of time for the cancellation, termination or discontinuance of a pre-arranged funeral plan under subsection 10(3) of the Act is seven days after entering into the plan.
2019-7
15Where a pre-arranged funeral plan is terminated, cancelled or discontinued under subsection 10(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 $250, HST or its replacement tax included.
2010-102; 2019-7
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), HST or its replacement tax included. A notice of termination, cancellation or discontinuance may be sent to
________
________
________
Licensed Funeral Provider’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 legal 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 and on the same page as the signature lines for the persons who are to sign the plan.
2010-102; 2019-7
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.
94-123; 2010-102; 2019-7
17.1For the purposes of subsection 23(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 an administrative fee that does not exceed $250, HST or its replacement tax included.
2010-102; 2019-7
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.
2019-7
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.
  
2010-102; 2019-7
  
2010-102; 2019-7
N.B. This Regulation is consolidated to September 1, 2022.