3(1)A person who wishes to give funeral services for remuneration, reward or compensation under pre-arranged funeral plans may apply to the Minister for a funeral provider’s licence in accordance with the regulations.

3(2)Where the Minister 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 Minister may, subject to subsections (2.1) and (2.2), issue a funeral provider’s licence to the applicant.

3(2.1)The Minister shall not issue a funeral provider’s licence under subsection (2) unless the applicant is licensed as a Funeral Provider under the Embalmers, Funeral Directors and Funeral Providers Act.

3(2.2)The Minister 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.

3(3)A funeral provider’s licence may be made subject to such terms and conditions as may be established by or in accordance with the regulations and remains valid for the period of time prescribed by regulation.

3.01(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.

3.01(2)A person may apply to the Minister for a manager’s licence in accordance with the regulations.

3.01(3)Where the Minister is satisfied that an applicant for a funeral provider’s licence is a reputable person, the Minister may, subject to subsection (4), issue a manager’s licence to the applicant.

3.01(4)The Minister 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.

3.01(5)A manager’s licence may be made subject to such terms and conditions as may be established by or in accordance with the regulations and remains valid for the period of time prescribed by regulation.

3.01(6)For the location at which a licensed manager acts on behalf of a licensed funeral provider under subsection (1), the licensed manager

3.01(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.

3.03(1)In this section

3.03(2)Subject to subsection (3), a licensed funeral provider, with respect to every pre-arranged funeral plan entered into after the commencement of this section, 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.

3.03(3)A purchaser and a licensed funeral director who enters 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.

3.03(4)Notwithstanding 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.

4(1)Subject to subsection (1.1), 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

4(1.1)Subject to subsection 12(4), 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.

4(3)Where, at the request of the purchaser or of 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, notwithstanding any provision in a contract or agreement to the contrary, with respect to the termination, cancellation or discontinuance.

4(4)Where, at the request of the purchaser or of 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.

4(5)Where 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.

4(6)Except as provided in subsection (4), no charge or penalty is payable upon 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.

4(7)The provisions of this section with respect to penalties apply only with respect to pre-arranged funeral plans entered into after the commencement of the provisions.

4(8)Any money retained by a person in accordance with subsection 4(2) before the commencement of this subsection 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.

6(1)Subject to subsection (1.01), a licensed funeral provider shall not withdraw any money paid to a financial institution under section 5 unless

6(1.01)Subject to subsection 12(4), 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.

6(1.1)Where 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 Minister, pay the money out to the purchaser or the purchaser’s legal representative from the account maintained for the licensed funeral provider.

6(1.2)Where money is held in trust under a pre-arranged funeral plan by a person whose funeral provider’s licence is suspended or cancelled, the Minister may order a financial institution to whom money was paid under section 5 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.

6(3)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 (1.1) without payment of a penalty or charge other than as permitted by subsection 4(4).

6(4)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 and shall be deposited, invested, withdrawn, paid out or otherwise dealt with in the same manner and upon the same conditions as is money paid under a pre-arranged funeral plan.

6(5)Subsections (3) and (4) apply only with respect to pre-arranged funeral plans entered into after the commencement of those subsections.

6.1(1)There is established a fund to be known as 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.

6.1(2)The Board shall administer the Compensation Fund subject to and in accordance with the regulations.

6.1(3)The Board is not an insurer for the purposes of the Insurance Act.

6.2(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.

6.2(3)Subject to subsections (4) and (5), a levy withdrawn by a person under subsection (2), as it existed immediately before the commencement of this subsection, shall be deemed to have been paid out of the proceeds of the pre-arranged funeral plan to which the person is entitled upon performance of the funeral services contracted for under the plan.

6.2(4)Where a pre-arranged funeral plan is terminated, cancelled or discontinued, a levy withdrawn by a person under subsection (2), as it existed immediately before the commencement of this subsection, 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 4(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 4(8).

6.2(5)Where 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 4(8), the person who withdrew the money under subsection (2), as it existed immediately before the commencement of this subsection, shall reimburse

6.2(6)Notwithstanding 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 such withdrawal and payment.

7(1)Every licensed funeral provider shall, at such times as may be established by or in accordance with the regulations, report to the Minister or the Board concerning any pre-arranged funeral plans undertaken by the licensed funeral provider and shall give to the Minister or the Board the information in respect of such plans that is required by or in accordance with the regulations.

7(2)Every financial institution shall prepare as of the thirty-first day of December in each year, and at such other times as the Minister may require, a statement showing:

7(3)The statement required under subsection (2) as of the thirty-first day of December shall be sent by ordinary mail to the Minister before the thirty-first day of January 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 Minister before a date fixed by the Minister.

7.1(1)A licensed funeral provider shall forward for inspection to the Minister, at the request of the Minister, 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.

7.1(2)The Minister 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 he finds that the use of the material is on any reasonable grounds objectionable.

7.1(3)A restriction or prohibition issued under subsection (2) constitutes a condition to which the funeral provider’s licence is subject.

7.2(1)The Minister may during normal business hours, for the purposes of this Act and the regulations and for the purpose of ensuring compliance with this Act and the regulations, enter upon the premises of a licensed funeral provider where any business is carried on or anything is done in connection with pre-arranged funeral plans, and may inspect all books, records, accounts and documents that relate to or may relate to pre-arranged funeral plans.

7.2(2)During an inspection under subsection (1), the licensed funeral provider and any employee or agent of the licensed funeral provider shall produce for examination, audit or copying all books, records, accounts and documents that relate or that may relate to pre-arranged funeral plans.

7.2(3)In carrying out an inspection under subsection (1), the Minister may

7.2(4)The Minister shall not enter a private dwelling under subsection (1) unless the Minister has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

7.2(5)Before or after attempting to enter or to have access to any premises, the Minister may apply for an entry warrant under the Entry Warrants Act.

7.2(6)If the Minister removes books, records, accounts or documents during an inspection under subsection (1) to make a copy or extract of them or any part of them, the Minister shall give a receipt to the occupier for the books, records, accounts or documents and return them as soon as possible after the making of copies or extracts.

7.2(7)A licensed funeral provider, a licensed manager and any employee or agent of the licensed funeral provider shall give all reasonable assistance to the Minister when the Minister is carrying out an inspection under subsection (1).

7.2(8)No person shall obstruct or interfere with the Minister when the Minister is carrying out or attempting to carry out an inspection under subsection (1), or withhold, destroy, conceal, alter or refuse to furnish any information or thing reasonably required by the Minister for the purposes of the inspection.

7.2(9)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 (8), except where an entry warrant has been obtained.

8(1)A licensed funeral provider may, with the consent of the purchaser or the purchaser’s legal representative or at the request of the purchaser or the purchaser’s legal representative, assign the 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.

8(2)Where 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, upon the payment by the assignee of the charges and fees of the financial institution.

8(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 the fee prescribed by regulation for making the assignment.

10(1)A person who violates or fails to comply with a provision of the regulations commits an offence.

10(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

10(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

11(1)The Minister 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 Minister is satisfied that the licensed funeral provider

11(1.1)The Minister may, after notice to the licensed manager and a hearing, suspend or cancel a manager’s licence issued under this Act if the Minister is satisfied that the licensed manager

11(1.2)Subject to subsection (1.3), the Minister may suspend a funeral provider’s licence or a manager’s licence issued under this Act without a hearing for a period not exceeding fifteen days if the Minister 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.

11(1.3)If a hearing is commenced under subsection (1) or (1.1), as the case may be, within the fifteen-day period referred to in subsection (1.2) the Minister may extend the suspension of the funeral provider’s licence or manager’s licence until the hearing is concluded.

11(2)A person whose licence is cancelled or suspended under subsection (1) or (1.1) may appeal the cancellation or suspension to a judge of The Court of Queen’s Bench of New Brunswick within thirty days after the person is notified of the cancellation or suspension.

11(3)An appeal under subsection (2) shall be commenced by Notice of Application and a copy of the Notice of Application shall be served on the Minister within five days after the commencement of the appeal but not less than ten days before the day on which the application is to be heard.

11(4)The Rules of Court apply in relation to a Notice of Application under subsection (3) to the extent that they are not inconsistent with this Act or the regulations.

11(4.2)The Minister may cancel a funeral provider’s licence issued under this Act if the Minister 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.

11(5)When a funeral provider’s licence is cancelled the Minister 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.

11(5.01)Where a funeral provider’s licence or manager’s licence is cancelled, the Minister shall publish notice of the cancellation once in one or more newspapers having general circulation in the Province.

11(5.1)When a funeral provider’s licence is suspended, has lapsed or has been surrendered or where a licensed funeral provider is unable or unwilling to perform the contracted service under one or more pre-arranged funeral plans, the Minister 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 licensed funeral provider 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.

11(6)An assignment under subsection (5) or (5.1) 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 5 with respect to money paid under the pre-arranged funeral plans, and is binding on all persons affected by the assignment.

12(1)Except as provided by this section and sections 6.1 and 6.2, this Act does not apply to pre-arranged funeral plans entered into before June 20, 1963.

12(4)Where before June 20, 1963 a pre-arranged funeral plan was entered into,