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The Embalmers and Funeral Directors Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2008, c. 26

Bill 25, 2nd Session, 39th Legislature

The Embalmers and Funeral Directors Amendment Act

(Assented to June 12, 2008)

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

C.C.S.M. c. E70 amended

1           The Embalmers and Funeral Directors Act is amended by this Act.

2           The title is replaced with "THE FUNERAL DIRECTORS AND EMBALMERS ACT".

3           Subsection 4(2) is amended by striking out "the secretary-treasurer by registered mail" and substituting "the chair by mail or electronic mail".

4           Subsection 7(2) is amended by striking out "under The Embalmers and Funeral Directors Act" and substituting "under The Funeral Directors and Embalmers Act".

5(1)        The following is added after subsection 12(1):

Reprimand or fine

12(1.1)     The board may, for cause, issue a reprimand to a person who holds a licence or permit, or order the person to pay to the board a fine of not more than $10,000, or both.

Imposing conditions on a licence

12(1.2)     If the board issues a reprimand to a person who holds a licence or permit, the board may also impose any conditions on the licence or permit, and for any period, that it considers appropriate in the circumstances.

5(2)        Subsection 12(2) is replaced with the following:

Revocation or cancellation

12(2)       The board may revoke a person's certificate of qualification, or cancel his or her licence or permit, or both, for any of the causes prescribed in the regulations.

5(3)         Subsection 12(3) is amended by adding "a reprimand is issued, a fine is imposed," after "Before".

5(4)        Subsection 12(4) is amended by adding "or section 13" after "this section".

5(5)         The following is added after subsection 12(4):

Written decision

12(4.1)     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 by the board and the reasons for it; and

(b) provide a copy of the decision, by registered mail, to the holder of the certificate of qualification, licence or permit.

Costs

12(4.2)     The board may order the holder of the certificate of qualification, licence or permit to pay all or any part of the costs incurred by the board in connection with the hearing.

5(6)         Subsection 12(5) is amended by adding "who has been issued a reprimand or ordered to pay a fine or costs or" after "Any person".

5(7)        The following is added after subsection 12(5):

Publication of information

12(6)       The board may publish

(a) the name of the holder of a certificate of qualification, licence or permit in respect of whom a decision is made under this section; and

(b) the circumstances relevant to the findings and decision.

6           The following is added after section 12:

Failure to pay

12.1(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 under subsection 12(3), suspend his or her licence or permit until payment is made.

Filing an order

12.1(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.

7           Subsection 13(2) is amended by adding ", licence or permit" after "certificate of qualification".

8           The following is added after section 15:

Board to make information available to public

15.1        The board must make available to the public the name of every licensed funeral director, licensed embalmer and holder of a permit or certificate of qualification issued under this Act, and any other information specified in the regulations.

9           The following is added after section 16:

Code of ethics

16.1(1)     The board must prepare and publish a code of ethics for funeral directors and embalmers that includes standards of conduct pertaining to the business of being a funeral director and the practice of embalming.

Complying with code of ethics

16.1(2)     A holder of a licence, permit or certificate of qualification must comply with the code of ethics.

Requirement to disclose information

16.2(1)     A funeral director, or a person acting for or on behalf of a funeral director, who sells, offers for sale, or negotiates a sale of any of the supplies or services provided by the funeral director must disclose information about those supplies and services to the purchaser or a prospective purchaser, or to any other person requesting it, in accordance with this section and the regulations.

Time to disclose information

16.2(2)     The funeral director or person acting for or on behalf of a funeral director must disclose the information specified in the regulations before the earliest of the following occurs:

(a) any supplies or services are provided by the funeral director;

(b) the purchaser makes a payment in connection with the provision of the supply or service;

(c) the purchaser enters into the sale.

10(1)       Clause 17(m) is replaced with the following:

(m) prescribing causes for which, under subsection 12(2), a certificate of qualification may be revoked or a licence or permit cancelled, governing the issuance of reprimands, the imposition of conditions on licences or permits, the imposition of fines and costs, the revocation of certificates of qualification and the suspension or cancellation of licences and permits, and governing the procedures for hearings about those matters;

10(2)       Clause 17(q) is replaced with the following:

(q) respecting the registration of persons under section 19 and prescribing the fees for registration;

10(3)       The following is added after clause 17(q):

(q.1) for the purpose of section 15.1, specifying information that the board must make available to the public;

(q.2) for the purpose of section 16.2, specifying information that must be disclosed, requiring disclosure at times in addition to the time that is determined under subsection 16.2(2), and respecting the form and manner in which the information is to be disclosed;

11          The following is added after clause 18(1)(e):

(e.1) the number of reprimands issued and fines imposed during the preceding year, the name of each person reprimanded or fined, and the reason for the reprimand or fine;

(e.2) the number of licences or permits suspended or cancelled during the preceding year, the name of the licence or permit holder in each case, and the reason for the suspension or cancellation;

(e.3) the number of complaints received during the preceding year and their disposition;

12(1)       Subsection 19(1) is amended

(a) by adding "supplies or" before "services"; and

(b) by striking out everything after "unless" and substituting the following:

(a) the funeral director registers the name of that person with the board and pays the prescribed registration fee; and

(b) the person complies with the information disclosure requirements in section 16.2 and the regulations.

12(2)       Subsection 19(2) is amended

(a) by adding "supplies or" before "services"; and

(b) by adding "and complies with the information disclosure requirements in section 16.2 and the regulations" at the end.

13          Subsection 20(1) is amended by replacing the part after clause (c) with the following:

is guilty of an offence and is liable, on summary conviction, to

(d) a fine of

(i) not more than $10,000 for a first offence, and

(ii) not more than $50,000 for each subsequent offence; or

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

(f) both a fine and imprisonment.

14          The following is added after section 22:

C.C.S.M. reference

23          This Act may be referred to as chapter F195 of the Continuing Consolidation of the Statutes of Manitoba.

15(1)       The following provisions of the English version are amended by striking out "chairman", with necessary grammatical changes, wherever it occurs in the section heading and the section and substituting "chair", with necessary grammatical changes:

(a) subsection 2(2);

(b) subsection 2(3);

(c) subsection 4(1);

(d) section 5;

(e) section 6;

(f) subsection 7(2).

15(2)       The following provisions of the English version are amended by striking out "vice-chairman", with necessary grammatical changes, wherever it occurs in the section heading and the section and substituting "vice-chair", with necessary grammatical changes:

(a) subsection 2(8);

(b) subsection 4(1);

(c) section 5;

(d) section 6;

(e) subsection 7(2).

Coming into force

16(1)       Subject to subsection (2), this Act comes into force on royal assent.

Coming into force: section 9

16(2)       Section 9 comes into force on a day to be fixed by proclamation.