A A A

Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 39

THE GRIEVING FAMILIES PROTECTION ACT (VARIOUS ACTS AMENDED)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE CEMETERIES ACT

C.C.S.M. c. C30 amended

1           The Cemeteries Act is amended by this Part.

2(1)        Section 35 is amended

(a) by renumbering it as subsection 35(1); and

(b) in the part after clause (f), by striking out everything after "is guilty of an offence".

2(2)        The following is added after subsection 35(1):

Offence and penalty

35(2)       A person who is guilty of an offence under subsection (1) is liable on summary conviction to

(a) a fine of not less than $1,000 and not more than $10,000;

(b) imprisonment for a term of not more than one year; or

(c) both the fine and imprisonment.

Application of Summary Convictions Act

35(3)       Subsections 6(2) and (3) of The Summary Convictions Act (imprisonment if fine not paid) do not apply in the case of default in the payment of a fine imposed for an offence under this section.

3           The following is added after section 35:

Restitution order

35.1(1)     If a person is convicted of an offence under section 35, the convicting justice must, on the application of the Minister of Justice and Attorney General or of a person affected by the offence or their representative,

(a) consider whether the defendant should pay restitution to an affected person for loss of or damage to property suffered as a result of the commission of the offence; and

(b) if the justice considers an order to be just in the circumstances, order the defendant to pay an amount as restitution if the amount is readily ascertainable.

Order filed in court

35.1(2)     If an amount is ordered to be paid as restitution, the order may be filed in the Court of Queen's Bench, and on being filed it may be enforced in the same manner as a judgment of the court.

Person must pay restitution ordered

35.1(3)     Every person who is ordered to pay restitution must make the payment in accordance with the order.

PART 2

THE FUNERAL DIRECTORS AND EMBALMERS ACT

C.C.S.M. c. F195 amended

4           The Funeral Directors and Embalmers Act is amended by this Part.

5           Section 1 is amended by adding the following definition:

"inspector" means a person appointed as an inspector under subsection 15(1); (« inspecteur »)

6           Subsection 2(7) is amended by adding ", of whom a majority must be persons who are not licensed funeral directors" at the end.

7           Subsection 7(2) is amended by striking out everything after "deposited in" and substituting "a bank or other financial institution."

8(1)        Subsection 9(1) is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following after clause (c):

(d) pays any fee prescribed by the regulations.

8(2)        Subsection 9(2) is replaced with the following:

When licence expires

9(2)        A licence or renewal of a licence issued under this Act expires on a date specified in the regulations.

9(1)        Clause 11(1)(b) is repealed.

9(2)        The following is added after subsection 11(1):

Labour mobility

11(1.1)     The board must issue a certificate of qualification to an individual who makes an application, pays the prescribed fee and who is entitled to such a certificate by virtue of the board's obligations under The Labour Mobility Act.

10          The following is added after subsection 12(3):

Immediate suspension to protect public

12(3.1)     Notwithstanding subsection (3), the board may, when it considers it necessary in order to protect the public, suspend a licence or permit issued under this Act pending completion of a hearing before the board.

11          Clause 14(a) is amended by striking out "of good moral character and that he is".

12(1)       Subsection 15(1) is replaced with the following:

Appointment of inspector

15(1)       The board may appoint any person as an inspector for the purpose of this Act.

Inspections

15(2)       An inspector may, at any reasonable time and where reasonably required to administer or determine compliance with this Act or the regulations,

(a) enter and inspect any premises;

(b) inspect, audit or examine any record, document or other thing or the provision of services on the premises being inspected;

(c) make copies or take photographs of any record, document or other thing referred to in clause (b), or remove it for the purpose of making copies or taking photographs; and

(d) require any person to produce for inspection or copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act.

Entry into dwelling with consent

15(3)       An inspector must not enter a dwelling under subsection (2) without the permission of an adult resident of that dwelling.

Removing and returning items

15(4)       When an inspector removes any record or thing under clause (2)(c), the inspector must

(a) give a receipt for the items taken to the person they were taken from; and

(b) as soon as practicable, return the items to the person or place from which they were removed.

Warrant for entry into dwelling

15(5)       On application by an inspector, a justice may at any time issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling under this section, if the justice is satisfied that

(a) there are reasonable grounds to believe that entry to the dwelling is necessary for the purpose of conducting an inspection; and

(b) entry has been refused or there are reasonable grounds to believe that entry will be refused.

Assistance to inspector

15(6)       The owner or person in charge of premises referred to in subsection (2) and every person found on the premises shall give the inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall give the inspector any information the inspector reasonably requires.

Identification

15(7)       An inspector carrying out an inspection under this Act must show his or her identification if requested to do so.

12(2)       Subsection 15(2) is amended

(a) by replacing the section heading with "Registration of premises"; and

(b) by renumbering it as section 15.0.2.

13          The following is added as section 15.0.1:

Warrant for search and seizure

15.0.1(1)   A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found on any premises any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Power without warrant

15.0.1(2)   Despite subsection (1), an inspector may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one.

14          The following is added after section 16.2:

Court-ordered compliance

16.3        If it appears to the board that a person is not complying with this Act or the regulations, the board may apply to the Court of Queen's Bench for an order directing the person to comply, and the court may make any order it considers appropriate.

15(1)       The following is added after clause 17(i):

(i.1) governing the duration of licences and permits;

15(2)       Clause 17(j) is replaced with the following:

(j) prescribing fees and requiring the payment of fees, including but not limited to fees to be paid

(i) by articled students and applicants for a certificate of qualification or a licence or permit, and

(ii) in respect of any matter specified in the regulations;

15(3)       Clause 17(n) is replaced with the following:

(n) respecting the records to be kept by licensed funeral directors and embalmers and by the board, including, but not limited to, the form and content of records, the manner in which they must be kept and the length of time they must be retained;

15(4)       Clause 17(o) is repealed.

PART 3

THE PREARRANGED FUNERAL SERVICES ACT

C.C.S.M. c. F200 amended

16          The Prearranged Funeral Services Act is amended by this Part.

17          The centred heading "DEFINITIONS" is added before section 1.

18          Section 1 is amended

(a) by replacing the definitions "board", "funeral director", "funeral services" and "prearranged funeral plan" with the following:

"board" means the Funeral Board of Manitoba established under The Funeral Directors and Embalmers Act; (« conseil »)

"funeral director" means a person licensed as a funeral director under The Funeral Directors and Embalmers Act; (« entrepreneur de pompes funèbres »)

"funeral services" means

(a) the care and preparation of human remains and the arrangements necessary for their interment, cremation or other disposition,

(b) supplies and services incidental to the services referred to in clause (a), and

(c) the coordination and provision of bereavement rites or ceremonies,

but does not include the sale of rights of interment or the services provided by the owner or operator of a cemetery, mausoleum, columbarium or similar place of interment; (« services de pompes funèbres »)

"prearranged funeral plan" means an agreement under which a funeral director contracts with a purchaser to provide funeral services for a person who is alive at the time the agreement is made, where either:

(a) all or part of the cost of the funeral services to be provided under the agreement is paid before the death of the person for whose benefit the agreement is entered into, or

(b) the purchaser enters into an insurance contract or plan under which the proceeds of the insurance policy pay for the funeral services provided under the agreement upon the death of the person for whose benefit the agreement is entered into; (« arrangement préalable d'obsèques »)

(b)  by striking out the definition "Régie" in the French version; and

(c) by adding the following definition:

"insurer" means an insurer licensed under The Insurance Act who enters into an insurance contract or plan described in clause (b) of the definition of "prearranged funeral plan"; (« assureur »)

19          The centred heading "PROHIBITIONS" is added before section 2.

20(1)       Subsection 2(3) is amended

(a) by adding "and" at the end of clause (a) and repealing clause (b); and

(b) in the French version of clause (c), by striking out "de la Régie" and substituting "du conseil".

20(2)       Subsection 2(4) is repealed.

21          Section 3 is replaced with the following:

LICENCES

Application for licence

3(1)        A funeral director who wishes to apply for a licence to provide funeral services under prearranged funeral plans, or solicit persons to enter into prearranged funeral plans, must apply to the board in accordance with the regulations.

Issue of licence

3(2)        The board may issue a licence to an applicant who meets the requirements of the regulations.

Terms and conditions

3(3)        A licence may be issued subject to any terms and conditions specified in the regulations or that the board considers appropriate.

Period of licence

3(4)        A licence is valid for the period specified in the regulations.

Suspension, cancellation or refusal to renew licence

3.1(1)      The board may suspend, cancel or refuse to renew a licence issued under this Act if it is satisfied that

(a) the licence holder has failed to comply with this Act or the regulations;

(b) the licence holder has failed to comply with a term or condition of his or her licence; or

(c) the suspension, cancellation or refusal is authorized for another reason specified in the regulations.

Reprimand or fine

3.1(2)      The board may, for cause, reprimand a licence holder or order a licence holder to pay a fine of not more than $10,000 to the board, or both.

Conditions

3.1(3)      If the board reprimands or fines a licence holder or suspends a licence, it may impose any conditions on the licence, and for any period, that it considers appropriate in the circumstances.

Hearing

3.1(4)      Before the board

(a) refuses to issue a licence to an applicant under clause 2(3)(c) or subsection 3(2);

(b) suspends, cancels or refuses to renew a licence under subsection (1);

(c) reprimands or orders a fine to be paid under subsection (2); or

(d) imposes conditions on a licence under subsection (3);

the board must notify the applicant or licence holder of that fact, in writing, and give them an opportunity to present evidence and make representations to the board at a hearing.

Power of board at hearing

3.1(5)      For the purpose of a hearing, the board has the powers of a commissioner under Part V of The Manitoba Evidence Act.

Written decision

3.1(6)      Within 60 days after a hearing is completed, the board must

(a) make a written decision on the matter, consisting of a statement of the decision made and the reasons for it; and

(b) send a copy of the decision to the applicant or licence holder by registered mail.

Costs

3.1(7)      The board may order the applicant or licence holder to pay all or part of the costs incurred by the board in connection with the hearing.

Publishing information

3.1(8)      The board may publish the name of a licence holder in respect of whom a decision is made under this section, and the circumstances relevant to the finding and decision.

Appeal to court

3.2(1)      Within 30 days after receiving written notice of a decision of the board under subsection 3.1(6), the applicant or licence holder may appeal the decision to the Court of Queen's Bench.

Decision on appeal

3.2(2)      On an appeal, the court may make any order, and give any direction the court considers appropriate, and the court's decision on the appeal is final.

Failure to pay

3.3(1)      If a person is ordered to pay a fine or costs and fails to do so within the time ordered, the board may, without a hearing, suspend his or her licence until payment is made.

Filing an order

3.3(2)      The board may file an order to pay a fine or costs in the Court of Queen's Bench and, once filed, the order may be enforced in the same manner as a judgment of the court.

Transfer of plans if licence cancelled

3.4(1)      If the licence of a licensee is cancelled or not renewed under section 3.1, the board may order that the rights and obligations of the licensee under a prearranged funeral plan are transferred to and vested in another licensee, if

(a) the appeal period under subsection 3.2(1) has passed or, if there is an appeal, the appeal has been decided; and

(b) the purchaser or his or her personal representative agrees, if they can be located.

Notice

3.4(2)      After making an order under subsection (1), the board must, without delay, notify

(a) the authorized trustee or, if the plan has no authorized trustee, the insurer; and

(b) any other person affected by the order.

RIGHT TO CANCEL A PREARRANGED FUNERAL PLAN

Right to cancel a plan

3.5(1)      A prearranged funeral plan may be cancelled at any time and without reason

(a) by the purchaser on the purchaser's own behalf or on behalf of the person for whom the funeral services were purchased;

(b) by the person for whom the funeral services were purchased; or

(c) by the personal representative of the deceased person for whom the funeral services were purchased.

Right to cancel to be specified in the plan

3.5(2)      Every prearranged funeral plan must contain a statement in accordance with the regulations concerning the right to cancel.

No charge if cancelled within 10 days

3.5(3)      A licensee must not charge a penalty or fee when a prearranged funeral plan is cancelled within 10 days after the day the purchaser receives a copy of the plan.

Administration fee for later cancellation

3.5(4)      If a prearranged funeral plan is cancelled after the 10-day period referred to in subsection (3), the licensee must not charge a penalty or fee except for the administrative fee specified in the regulations.

Notice

3.5(5)      When a prearranged funeral plan is cancelled, the licensee must notify the authorized trustee or, if the plan has no authorized trustee, the insurer.

Right to cancel cannot be waived

3.5(6)      Any term of a prearranged funeral plan that purports to waive, exclude or limit the right to cancel under this section is of no effect.

22          Sections 4 and 5 are replaced with the following:

PAYMENT FOR A PREARRANGEDFUNERAL PLAN

Payment for prearranged funeral plan

4           Every payment made by the purchaser of a prearranged funeral plan must be paid directly to the authorized trustee or the insurer named in the plan, except the amount of an administration fee specified in the regulations.

PLANS REQUIRING AN AUTHORIZED TRUSTEE

Special fund

5(1)        When payment for a prearranged funeral plan is made to an authorized trustee under section 4, the authorized trustee must deposit the payment into a special fund that the authorized trustee maintains in accordance with an agreement with the licensee.

Trust

5(2)        Money and income held in a special fund under subsection (1) must be held in trust and must not be paid out of the fund by the authorized trustee except in accordance with this Act and the regulations.

Investment

5(3)        Money and income held in a special fund may be invested in any investments in which trustees may invest under The Trustee Act.

23(1)       Clause 6(1)(a) of the French version is amended by striking out "de la Régie" and substituting "du conseil".

23(2)       Subsection 6(2) is repealed.

23(3)       Clause 6(3)(a) is amended

(a) by striking out "subsections (1) and (2)" and substituting "subsection (1)"; and

(b) by striking out "is permitted under subsection 4(3)" and substituting "an administration fee specified in the regulations".

24          The centred heading "REPORTING REQUIREMENTS" is added before section 7.

25(1)       Section 7 of the French version is amended

(a) in subsection (1) by striking out "à la Régie" and substituting "au conseil"; and

(b) in subsection (2) by striking out "la Régie" and substituting "le conseil".

25(2)       Subsection 7(3) is amended by adding " or before such other date as the board may require," after "in each year".

26          Section 8 is replaced with the following:

ASSIGNMENT OF PREARRANGED FUNERAL PLANS

Assignment of plan

8(1)        A prearranged funeral plan may be assigned to a licensee in accordance with the regulations

(a) by the licensee that entered into the plan;

(b) by the purchaser on the purchaser's own behalf or on behalf of the person for whom the funeral services were purchased;

(c) by the person for whom the funeral services were purchased; or

(d) by the personal representative of the deceased person for whom the funeral services were purchased.

Completing an assignment

8(2)        The licensee making an assignment of a prearranged funeral plan, and the assignee, must do all things necessary to complete the assignment, including making changes to their records and, in the case of a plan for which an authorized trustee maintains a special fund, to the fund.

Transfer of a special fund

8(3)        When an assignment of a prearranged funeral plan results in a special fund being transferred to a new authorized trustee, the transfer may take place on payment of any charges and fees that may be prescribed in the regulations.

27          Section 9 is renumbered as section 12.1.

28          The following is added after section 9:

ENFORCEMENT

Appointment of inspector

9.1(1)      The board may appoint any person as an inspector for the purpose of this Act.

Inspections

9.1(2)      An inspector may, at any reasonable time and where reasonably required to administer or determine compliance with this Act or the regulations,

(a) enter and inspect any premises;

(b) inspect, audit or examine any record, document or other thing or the provision of services on the premises being inspected;

(c) make copies or take photographs of any record, document or other thing referred to in clause (b), or remove it for the purpose of making copies or taking photographs; and

(d) require any person to produce for inspection or copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act.

Entry into dwelling with consent

9.1(3)      An inspector must not enter a dwelling under subsection (2) without the permission of an adult resident of that dwelling.

Removing and returning items

9.1(4)      When an inspector removes any record or thing under clause (2)(c), the inspector must

(a) give a receipt for the items taken to the person they were taken from; and

(b) as soon as practicable, return the items to the person or place from which they were removed.

Warrant for entry into dwelling

9.1(5)      On application by an inspector, a justice may at any time issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling under this section, if the justice is satisfied that

(a) there are reasonable grounds to believe that entry to the dwelling is necessary for the purpose of conducting an inspection; and

(b) entry has been refused or there are reasonable grounds to believe that entry will be refused.

Assistance to inspector

9.1(6)      The owner or person in charge of premises referred to in subsection (2) and every person found on the premises shall give the inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall give the inspector any information the inspector reasonably requires.

Identification

9.1(7)      An inspector carrying out an inspection under this Act must show his or her identification if requested to do so.

Warrant for search and seizure

9.2(1)      A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that

(a) an offence under this Act is being or has been committed; and

(b) there is to be found on any premises any thing that will afford evidence of the offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law.

Power without warrant

9.2(2)      Despite subsection (1), an inspector may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one.

29(1)       Subsections 10(1) and (2) are replaced with the following:

Offence and penalty

10(1)       A person who contravenes this Act or the regulations is guilty of an offence and is liable on summary conviction to

(a) a fine of not more than $10,000 for a first offence and not more than $50,000 for a subsequent offence;

(b) imprisonment for a term of not more than one year; or

(c) both the fine and imprisonment.

Corporate directors and officers

10(2)       If a corporation commits an offence under this Act, a director or officer or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable to the penalties set out in subsection (1), whether or not the corporation has been prosecuted or convicted.

29(2)       Subsection 10(3) of the French version is amended by striking out "de la Régie" and substituting "du conseil".

30          The following is added after section 10:

UNFAIR SELLING PRACTICES

No canvassing in health facilities

10.1(1)     No person shall, in a hospital, personal care home or a home for the elderly, canvass or solicit a patient or resident to enter into a prearranged funeral plan.

Unfair selling practices

10.1(2)     It is an unfair practice for any person, before, after or while dealing with an individual in relation to a prearranged funeral plan, to do any of the following:

(a) exert undue pressure or influence on the individual to enter into a plan;

(b) take advantage of the individual as a result of the individual's inability to understand the nature, character, language or effect of the plan or any matter related to the plan;

(c) enter into the plan if the person knows or ought to know that there is no reasonable probability that the individual is able to pay the full price for the funeral services set out in the plan;

(d) represent that funeral services provided for in the plan are required by law or under the by-laws of a cemetery, mausoleum, columbarium or crematorium when that is not the case.

Prohibition

10.1(3)     No person shall commit an unfair practice.

If no plan entered into

10.1(4)     An unfair practice may occur even if no prearranged funeral plan is entered into.

GENERAL PROVISIONS

Requirement to disclose information

10.2        A licensee or other person who sells, offers for sale or solicits a sale of a prearranged funeral plan must disclose information about the plan to the purchaser or prospective purchaser, or to any other person requesting it, in accordance with the regulations.

Code of ethics

10.3(1)     The board must prepare and publish a code of ethics for persons who hold a licence under this Act, which includes standards of conduct concerning the business of providing prearranged funeral services.

Complying with code of ethics

10.3(2)     Every person who holds a licence under this Act must comply with the code of ethics.

Court-ordered compliance

10.4        If it appears to the board that a person is not complying with this Act or the regulations, the board may apply to the Court of Queen's Bench for an order directing the person to comply, and the court may make any order it considers appropriate.

Board to make information available to public

10.5        The board must make available to the public the names of persons who hold a licence under this Act as well as any other information specified in the regulations.

31          Section 11 is repealed.

32          Section 13 is amended

(a) by striking out "licensee or other"; and

(b) by striking out "from or" after "transmission".

33          Section 15 is repealed.

34          Section 16 is replaced with the following:

Regulations

16           Subject to the approval of the Lieutenant Governor in Council, the board may make regulations

(a) designating an authorized trustee or authorized trustees under this Act;

(b) specifying the information to be contained in agreements for prearranged funeral plans and requiring that licensees use only a form of agreement that has been approved by the board;

(c) respecting the issuance of licences under this Act, including regulations

(i) specifying the qualifications to be met by applicants,

(ii) specifying the duration of licences, and

(iii) specifying the reasons for refusing to issue a licence or suspending, cancelling or not renewing a licence, governing the imposition of conditions on licences, the issuance of reprimands, the imposition of fines and costs and governing the procedures for hearings about those matters;

(d) respecting the cancellation of prearranged funeral plans under section 3.5, including specifying an administration fee for the purpose of subsection (4);

(e) specifying an administration fee for the purpose of section 4 or clause 6(3)(a), or the method of calculating such a fee;

(f) for the purpose of subsection 5(2), respecting the payment of money and income from a special fund;

(g) respecting the assignment of prearranged funeral plans under section 8, including prescribing the charges and fees, if any, to be paid on an assignment;

(h) for the purpose of section 10.2, specifying information that must be disclosed to purchasers and potential purchasers, when it must be disclosed, and respecting the form and manner in which it must be disclosed;

(i) for the purpose of section 10.5, specifying additional information that the board must make available to the public;

(j) governing reports to be made under this Act, the times when they are to be made and the information they must contain;

(k) prescribing fees to be paid under this Act respecting the issuance of a licence or in respect of any other matter;

(l) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Protection from liability

17          No action or proceeding may be brought against a member of the board, an inspector or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

C.C.S.M. reference

18          This Act may be referred to as chapter P105 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal of unproclaimed Act

35          The Prearranged Funeral Services Amendment Act, S.M. 1989-90, c. 58, is repealed.

PART 4

COMING INTO FORCE

Coming into force

36(1)       This Act, except Part 3, come into force on the day it receives royal assent.

Coming into force: Part 3

36(2)       Part 3 comes into force on a day to be fixed by proclamation.

Explanatory Note

Amendments to The Cemeteries Act

A judge who convicts a person of various offences under the Act may order the person to pay restitution. The fines are also increased for various offences to a minimum of $1,000 and a maximum of $10,000, and a term of imprisonment for up to one year is added.

Amendments to The Funeral Directors and Embalmers Act

The key amendments are as follows:

  • The Funeral Board is given authority to suspend a licence pending a hearing if it considers it necessary to protect the public.
  • New inspection powers are added.

Amendments to The Prearranged Funeral Services Act

The key amendments are as follows:

  • The responsibility to oversee prearranged funeral plans and the funeral directors who provide them is transferred from the Public Utilities Board to the Funeral Board of Manitoba.
  • Prearranged funeral plans funded through the purchase of an insurance policy are now subject to the Act.
  • A prearranged funeral plan may be cancelled at any time. A purchaser who cancels a plan within 10 days after receiving a copy of it may do so without penalty.
  • Under the current Act, a licensed funeral director may receive and hold the payments made by a purchaser until the money is transferred to an authorized trustee. This Bill requires payment to be made directly to an authorized trustee or an insurer, except for an administration fee specified in the regulations.
  • A new provision makes it an offence to commit an unfair selling practice when selling prearranged funeral plans. This includes exerting undue pressure or influence on a person to enter into a plan, or taking advantage of someone who cannot understand or afford a plan.
  • Regulations may prescribe what information a seller of prearranged funeral plans must disclose to the purchaser.
  • New inspection powers are added and fine levels are increased.
  • The Funeral Board is given authority to establish a code of ethics.

[top of document]