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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:
The following is added after subsection 12(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.
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.
Subsection 12(2) is replaced with the following:
The following is added after subsection 12(4):
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.
The following is added after subsection 12(5):
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
The following is added after section 12:
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.
The following is added after section 15:
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.
The following is added after section 16:
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.
A holder of a licence, permit or certificate of qualification must comply with the code of ethics.
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.
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;
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;
Clause 17(q) is replaced with the following:
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;
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;
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
Subsection 19(2) is amended
(a) by adding "supplies or" before "services"; and
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
The following is added after section 22:
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;
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).
Subject to subsection (2), this Act comes into force on royal assent.
Section 9 comes into force on a day to be fixed by proclamation.