Province of Alberta FUNERAL SERVICES ACT GENERAL REGULATION. Alberta Regulation 226/1998

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1 Province of Alberta FUNERAL SERVICES ACT GENERAL REGULATION Alberta Regulation 226/1998 With amendments up to and including Alberta Regulation 152/2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 152/2015) ALBERTA REGULATION 226/98 Funeral Services Act GENERAL REGULATION Table of Contents 1 Interpretation Funeral Services Businesses 2 Funeral services business licence 3 Application for funeral services business licence 4 Director s approval 5 Expiry 6 Renewal of funeral services business licence 7 Name of business 8 Requirements of funeral services contract 8.1 Copy of funeral services contract 9 Statement of cancellation rights 10 Cancellation without penalty 11 Maximum administration fee 11.1 Election as to administration fee 11.2 Funds not claimed 11.3 Consumer assistance fund 11.4 Investments 11.5 Annual statement 11.6 Winding-up of fund 12 Transfer of money to authorized trustee 12.1 Assignment of pre-need contract by licensee 12.2 Assignment of pre-need contract by purchaser, etc Change in location of trust account 13 Embalming 13.1 Authorization to embalm or cremate 13.2 Code of conduct 13.3 Fixed business location 14 Notice to Director of changes 15 Records 16 Annual pre-need trust report 17 Permission from seniors residence or hospital 18 Business manager

4 GENERAL REGULATION Funeral Director, Business Manager, Embalmer and Pre-need Salesperson Licences 19 Funeral director licence 19.1 Business manager licence 20 Embalmer licence 21 Pre-need salesperson licence 21.1 Application for business manager licence 21.2 Expiry of licence 22 Application for funeral director, embalmer or pre-need salesperson licence 23 Expiry 24 Renewal of funeral director, embalmer or pre-need salesperson licence 25 Change in employment Duties and Powers of the Director 26 Inspections and investigations 27 Training programs 27.1 Practical experience 27.2 Examination 28 Conditions of work for trainees 29 Continuing education 30 Educational standards 31 Providing information 32 Annual report 33 Registers Complaints Resolution 34 Complaints Disposition of Remains 36 Who may control disposition 36.1 Possession of cremated remains by Director 36.2 Code of practice 36.3 Disposition of remains Fees 37 Fees Alberta Funeral Services Regulatory Board 37.1 Board continued 37.2 Function of Board Powers of Board 2

5 Section 1 GENERAL REGULATION 37.3 Board membership 37.4 Appointment 37.5 Election 37.6 Term of office 37.7 Chair 37.8 Prohibitions 37.9 Resignation and removal Vacancies Compensation fund Investments Additional purposes of compensation fund Claims against compensation fund Time limit for claim against compensation fund Application Maximum amount payable from compensation fund Notice of claim Hearings Reimbursement to compensation fund Decision of Board Annual statement Winding-up of compensation fund Repeal, Expiry and Coming into Force 42 Repeal 43 Expiry 44 Coming into force Schedules Interpretation 1 In this Regulation, (a) Act means the Funeral Services Act; (a.1) Board means the Alberta Funeral Services Regulatory Board; (a.2) business day means the days of the week other than Saturdays and holidays as defined in the Interpretation Act; (a.3) business manager means a business manager appointed in accordance with section 18; 3

6 Section 2 GENERAL REGULATION (b) embalmer means a person who holds an embalmer licence issued under section 20; (c) embalmer trainee means a person who is registered in an appropriate training program referred to in section 27 or is completing a period of practical experience referred to in section 27.1; (d) funeral director means a person who holds a funeral director licence issued under section 19; (e) funeral director trainee means a person who is registered in an appropriate training program referred to in section 27 or is completing a period of practical experience referred to in section 27.1; (f) funeral services business means a sole proprietorship, partnership or corporation that holds a licence issued under section 2; (f.1) industry member means a member of the Board under section 37.3(1)(b); (g) pre-need salesperson means a person who holds a pre-need salesperson licence issued under section 21; (h) pre-need salesperson trainee means a person who is registered in an appropriate training program referred to in section 27 or is completing a period of practical experience referred to in section 27.1; (i) professional service charge means the costs associated with the provision of services by a funeral services business; (j) public interest member means a member of the Board under section 37.3(1)(a). s1;345/2003 Funeral Services Businesses Funeral services business licence 2(1) Subject to subsection (2), a funeral services business licence authorizes the licensee to enter into funeral services contracts with members of the public. (2) A funeral services business licence authorizes the licensee to enter into pre-need funeral services contracts with members of the public only if the licence specifically states such authorization. 4

7 Section 3 GENERAL REGULATION (3) A funeral services business shall hold a separate funeral services business licence for each of its business locations. Application for funeral services business licence 3(1) A person applying for a funeral services business licence shall make application to the Director on the form set by the Director and the application shall be accompanied with (a) proof that the applicant has obtained any approvals that are required under the Municipal Government Act or under any other legislation, (b) the name of the person who will be appointed as the business manager for the proposed funeral services business, (c) any additional information required by the Director, and (d) the fee set out in section 37. (2) If the proposed funeral services business will be entering into pre-need funeral services contracts, the application shall also be accompanied with a copy of (a) any agreement made between the applicant and an authorized trustee for the establishment of a special fund as referred to in section 8 of the Act, (b) a standard form of the pre-need funeral services contract that the funeral services business proposes to use, and (c) any agreement made between the applicant and an insurance company for which the applicant acts as an agent in soliciting the sale of or selling a contract of life insurance to a purchaser of a pre-need funeral services contract for the purpose of funding the purchase price under that contract. s3;251/2001 Director s approval 4(1) The Director shall not issue a funeral services business licence that authorizes the licensee to enter into pre-need funeral services contracts unless the Director (a) approves the form and contents of the documents referred to in section 3(2)(a) and (b), and 5

8 Section 5 GENERAL REGULATION (b) is satisfied that the provisions of an agreement referred to in section 3(2)(c) are not misleading and are consistent with the Act and its regulations. (2) A funeral services business licensee shall not cancel, amend or vary the provisions of any document referred to in section 3(2) unless the licensee (a) obtains the prior written approval of the Director, and (b) pays a fee of $25 to the Director. Expiry 5 A funeral services business licence and any renewal of a funeral services business licence expire on the March 31 following their issue. Renewal of funeral services business licence 6(1) A person applying for a renewal of a funeral services business licence shall make application to the Director on the form set by the Director and the application shall be accompanied with (a) the name of the business manager for the funeral services business, (b) the number of funeral services contracts under which the applicant provided funeral services in the year preceding the application, (c) any additional information required by the Director, and (d) the fee set out in section 37. (2) The Director may refuse to renew a funeral services business licence if (a) an inspection under section 26 has revealed deficiencies that have not been corrected, or (b) in the Director s opinion, it is not in the public interest to grant the renewal. Name of business 7 If a funeral services business carries on business under a name or style other than its corporate name, the business s corporate name must be clearly disclosed to the public (a) on the business s letterhead, 6

9 Section 8 GENERAL REGULATION (b) in the business s contracts, (c) in advertising, and (d) on the business s price list. s7;152/2011 Requirements of funeral services contract 8(1) A funeral services contract shall (a) be in writing, (b) be signed by the purchaser and by (i) a funeral director of the funeral services business, or (ii) a pre-need salesperson of the funeral services business, if it is a pre-need funeral services contract, (c) contain a detailed listing of the goods and services to be provided by the funeral services business and the cost to be charged to the purchaser for each of those goods and services including, without limitation, where applicable: (i) the professional service charge; (ii) the facility charges; (iii) the transportation costs; (iv) the cost of the casket; (v) the cost of the outer receptacle; (vi) the cost of cremation; (vii) the cost of the cremation container; (viii) the cost of the urn; (ix) the amount or amounts, if any, set aside for the payment of taxes; (x) the itemized cost of other disbursements not included in subclauses (i) to (ix); (xi) the total cost of all items referred to in subclauses (i) to (x); (c.1) contain a list of the current locations where embalming, and cremation services are to be performed and contain a 7

10 Section 8.1 GENERAL REGULATION statement that the final location of these services may be subject to change and, if changed, a list of the then current locations will be provided at the time these services are required; (d) contain a statement of cancellation rights in accordance with section 9, if it is a pre-need funeral services contract; (e) contain a statement, to be initialled by the purchaser, that cremated remains not claimed within 5 years after the date of cremation will be disposed of in accordance with section (2) At the time a funeral services contract is entered into, the funeral services business must disclose to the purchaser, in writing, whether or not refrigeration is available at the location where the funeral services will be provided. (3) Where a funeral services business does not have refrigeration facilities available at the location where the funeral services will be provided, and (a) the funeral services contract does not provide for embalming services, and (b) final disposition will not occur within 72 hours from the time the funeral services business takes possession of the deceased s remains, the funeral services business must disclose in writing, at the time the funeral services business takes possession of the deceased s remains, the location of any refrigeration facilities to which the funeral services business has been provided access. AR 266/98 s8;345/2003;152/2011 Copy of funeral services contract 8.1 A funeral services business must provide a copy of the signed funeral services contract to the purchaser immediately after the contract is signed. AR 152/2011 s4 Statement of cancellation rights 9(1) A statement of cancellation rights shall (a) be in the form in Schedule 1, (b) show the heading in not less than 12-point bold type, (c) show paragraph 1 in 12-point type, and 8

11 Section 10 GENERAL REGULATION (d) show the remainder of the statement in not less than 10-point type. (2) Where the statement of cancellation rights is not printed on the front of the pre-need funeral services contract there shall be a notice printed on the front of the contract, in not less than 12-point bold type, indicating where on the contract the statement of cancellation rights is printed. s9;345/2003 Cancellation without penalty 10 For the purposes of section 5(2) of the Act, the period within which a pre-need funeral services contract may be cancelled without charge or penalty is 30 days from the date on which the purchaser receives a copy of the contract. s10;251/2001 Maximum administration fee 11 For the purposes of section 6(1) of the Act, the maximum administration fee that may be charged is (a) in a case where the licensee elects to charge the fee under section 6(1)(a) of the Act, 15% of the total cost of the pre-need funeral services contract disclosed in the contract as required under section 8(c), or (b) in a case where the licensee elects to charge the fee under section 6(1)(b) of the Act, 15% of the amount held in trust on the date of the cancellation or assignment, including income on that amount. s11;251/2001;345/2003;152/2011 Election as to administration fee 11.1(1) A funeral services business licensee shall file with the Director an election in a form acceptable to and containing the information required by the Director that sets out the election required for the purposes of section 6(2) of the Act. (2) A funeral services business licensee may not make an election under section 6(2) of the Act more frequently than once in every 12-month period. (3) An election filed under this section applies only in respect of pre-need funeral services contracts that are entered into after the date on which the election is filed with the Director. AR 345/2003 s6 9

12 Section 11.2 GENERAL REGULATION Funds not claimed 11.2(1) Money held by a funeral services business pursuant to a pre-need funeral services contract becomes unclaimed trust money where (a) the funeral services business has been unable to determine whether the contract beneficiary is deceased and has reasonable grounds to believe that the contract beneficiary would be 120 years old, or (b) the funeral services business has reasonable grounds to believe that another funeral services business has provided the funeral services, and it is also the case that (c) goods or services that are the subject of the contract have not been provided, and (d) the funeral services business has been unable to locate the purchaser or personal representative. (2) Once money held by a funeral services business pursuant to a pre-need funeral services contract becomes unclaimed trust money, the funeral services business shall (a) notify the authorized trustee in writing and direct the trustee to transfer the money and income to the Minister within 15 days, (b) notify the Minister in writing of the transfer, and (c) provide the Minister with any other information requested by the Minister. (3) Money paid to the Minister under subsection (2) shall be held in trust by the Minister for 2 years. (4) Investment income on money paid to the Minister under subsection (2) accrues to the Crown. (5) A person who makes an application to claim money paid under subsection (2) shall (a) make the application in a form approved by the Minister, and (b) provide the Minister with any information requested by the Minister. (6) The Minister shall, within 120 days after an application is received under subsection (5), consider the application and may 10

13 Section 11.3 GENERAL REGULATION (a) allow the claim, if the Minister is satisfied that the applicant has a valid entitlement to the money, or (b) deny the claim, if the Minister is not satisfied that the applicant has a valid entitlement to the money. (7) If the Minister does not receive a valid application for money paid under subsection (2) by a person entitled to it within 2 years from the time that the money is paid to the Minister, (a) the money shall be paid to the Board, and (b) all claims to the money by the person entitled to it are extinguished. AR 152/2011 s6 Consumer assistance fund 11.3(1) No money shall be paid to the Board until a consumer assistance fund has been established. (2) All money paid to the Board under section 11.2 shall be paid into the consumer assistance fund and that money shall be used for the purposes of advancing funeral services, including, without limitation, providing funeral services to low income persons, consumer education and grief counselling, as directed by the Minister. (3) No money shall be paid from the consumer assistance fund before January 1, AR 152/2011 s6 Investments 11.4(1) The Board may invest money in the consumer assistance fund only in investments in which trustees are permitted to invest trust funds as provided for under Schedule 3. (2) Investment income earned on deposits of the consumer assistance fund accrues to and forms part of the consumer assistance fund. AR 152/2011 s6 Annual statement 11.5(1) The Board must ensure that an audited financial statement on the consumer assistance fund containing the information required by the Minister is prepared for each fiscal year of the Board. 11

14 Section 11.6 GENERAL REGULATION (2) The Board must submit an audited financial statement prepared in accordance with subsection (1) to the Minister by July 31 following the fiscal year for which it is prepared. AR 152/2011 s6 Winding-up of fund 11.6(1) The consumer assistance fund may not be wound up without an order of the Minister. (2) If the consumer assistance fund is wound up, the consumer assistance fund must (a) first, be used to pay all costs incurred in the winding-up of the consumer assistance fund, and (b) second, be disposed of in accordance with an order of the Minister. AR 152/2011 s6 Transfer of money to authorized trustee 12(1) For the purposes of section 8(1) of the Act, the period within which a licensee shall transfer money in trust to an authorized trustee is 5 business days from the date on which the cancellation period under section 10 expires. (2) Notwithstanding subsection (1), where the cost of a pre-need funeral services contract is paid by instalments and the licensee charges an administration fee in accordance with section 6(1)(a) of the Act, the licensee (a) may collect that administration fee from the initial instalment payments until the full amount of the fee is satisfied, and (b) shall transfer each instalment payment received after the full amount of the administration fee has been satisfied to an authorized trustee within 5 business days of the date on which the payment is received. s12;251/2001;345/2003;152/2011 Assignment of pre-need contract by licensee 12.1(1) A funeral services business licensee may not assign a pre-need funeral services contract to another licensee under section 11(1)(a) of the Act unless (a) the assigning licensee gives the Director notice in the form and manner and containing the information required 12

15 Section 12.1 GENERAL REGULATION by the Director at least 45 days prior to the proposed assignment, (b) the Director approves the proposed assignment, and (c) the purchaser of the contract agrees to the proposed assignment. (2) After the Director has approved a proposed assignment under subsection (1), the assigning licensee shall give to the purchaser of the contract a notice in writing in a form acceptable to the Director setting out the purchaser s option to, within a period of 30 days, either (a) agree to the assignment and to the transfer to the other licensee of (i) the contract, and (ii) all money paid under the contract and income on it that is held by the authorized trustee, subject to any agreement between the assigning licensee and the other licensee as to the disposition of any administration fee to which the assigning licensee is entitled, (b) cancel the contract and recover the amounts referred to in clause (a)(ii) and any administration fees paid under the contract, or (c) direct the assigning licensee to assign the contract and amounts referred to in clause (a)(ii) and any administration fees paid under the contract to another licensee specified by the purchaser. (3) Where a purchaser agrees to an assignment under subsection (2)(a) or makes a direction under subsection (2)(c), the purchaser shall notify the assigning licensee to that effect in writing. (4) On receiving a notice under subsection (3), the assigning licensee shall (a) assign the contract to the other licensee, in a case where the purchaser agrees to the assignment under subsection (2)(a), or (b) in a case where the purchaser makes a direction under subsection (2)(c), comply with the direction within 15 days after receiving the notice. (5) A funeral services business licensee to whom a contract is assigned under subsection (4) shall, 13

16 Section 12.2 GENERAL REGULATION (a) within 15 days after receipt of the assignment, give to the purchaser of the contract written notice of the assignment, and (b) within 30 days after receipt of the assignment, file with the Director an acceptance report in a form acceptable to the Director and containing the information required by the Director. (6) Where the purchaser cancels the contract under subsection (2)(b), the purchaser shall do so in the manner provided in the form in Schedule 1. (7) The assigning licensee shall return the amounts referred to in subsection (2)(a)(ii) and the administration fees paid under the contract to the purchaser within 15 days after receipt of the notice of cancellation under subsection (6). AR 345/2003 s8;152/2011 Assignment of pre-need contract by purchaser, etc The following applies where a person assigns a pre-need funeral services contract under section 11(1)(b), (c) or (d) of the Act: (a) the person shall give written notice to the assigning licensee of his or her wish to have the contract assigned, and the notice must indicate the name and address of the licensee to whom the contract is to be assigned; (b) the assigning licensee shall (i) transfer the contract within 7 days of receiving written notice under clause (a) to the other licensee, (i.1) provide written notification to the authorized trustee within 5 business days of receiving written notice under clause (a) stating the money held in trust is to be transferred as provided for under the Act and this Regulation, and (ii) ensure that money held in trust is transferred as required under the Act and the regulations, subject to the assigning licensee s right, if any, to charge an administration fee under section 6 of the Act; 14

17 Section 12.3 GENERAL REGULATION (c) subject to any changes to the contract that are agreed on by the person and the new licensee, the new licensee becomes the licensee under the contract with the person and assumes all of the rights and obligations of the assigning licensee. AR 345/2003 s8;152/2011 Change in location of trust account 12.3 A funeral services business shall inform the Director in writing prior to any changes respecting the location where a trust account is held. AR 152/2011 s10 Embalming 13(1) A funeral services business that offers embalming at one or more of its business locations shall have in place a code of practice for embalming that is established specifically for each location. (2) A code of practice referred to in subsection (1) shall be prepared in accordance with section 33(2) of the Occupational Health and Safety Act and the regulations under that Act. (3) A funeral services business that offers embalming shall have at least one room that is used exclusively for keeping, embalming and preparing dead human bodies for disposition. s13;251/2001;152/2011 Authorization to embalm or cremate 13.1 A funeral services business licensee shall not (a) embalm a dead human body without express authorization, or (b) cremate a dead human body without express authorization in writing from a person who the representative of the funeral services business believes on reasonable grounds has authority to control the disposition of the dead human body. AR 345/2003 s9;113/2004 Code of conduct 13.2 A licensee shall comply with the Code of Conduct in Schedule 2. AR 345/2003 s9 15

18 Section 13.3 GENERAL REGULATION Fixed business location 13.3 A funeral services business must have a fixed business location. AR 345/2003 s9;152/2011 Notice to Director of changes 14 Every funeral services business licensee shall within 10 days give written notice to the Director of (a) any change of address for service, (b) any change in the officers of the company or corporation or partners of a partnership, and (c) the date on which the funeral services business or any of its locations goes out of business or otherwise stops operating. s14;152/2011 Records 15(1) Every funeral services business licensee shall (a) maintain full and adequate records of the business operation, (a.1) retain a copy of all funeral services contracts entered into and trust account information obtained for a minimum period of 7 years after the trust money has been transferred to the Minister in accordance with section 11.2, (b) retain those records for a minimum period of 7 years following provision of the services to which they relate or cancellation of the contract to which they relate, and (c) permit an authorized representative of the Director to inspect at all reasonable times the licensee s business records. (2) Without limiting the generality of subsection (1)(a), the records must contain the following: (a) a register showing the names of all funeral director trainees, embalmer trainees and pre-need salesperson trainees employed by the funeral services business; (b) a register of pre-need funeral services contracts showing, with respect to each contract, 16

19 Section 15 GENERAL REGULATION (i) the date of the contract, (ii) the name and address of the purchaser, (iii) the name, address and date of birth of the person for whose benefit the contract was entered into, (iv) particulars of money (A) transferred to a trustee under section 8 of the Act, or (B) paid or to be paid to an insurance company pursuant to an agreement referred to in section 3(2)(c), (v) the amount charged as an administration fee, (vi) the place and date of death of the person for whose benefit the contract was entered into, (vii) the date on which the contract was fully performed or cancelled, and (viii) the amount held in trust under section 7 of the Act, broken down as to principal and income; (c) a register in a form acceptable to the Director showing the following with respect to each funeral service provided: (i) the name of the deceased; (ii) the date and place of death; (iii) the date on which the funeral services were provided; (iv) the name and address of the person who made the funeral arrangements; (v) the name of the person who authorized embalming or cremation or both; (vi) the date of burial, if applicable, and the name and location of the cemetery in which the body was buried; (vii) the name and address of the person to whom the deceased s body or the cremated remains were released, if applicable; (viii) the date on which the deceased s body or the cremated remains were released, if applicable. 17

20 Section 16 GENERAL REGULATION (3) Repealed AR 152/2011 s14. s15;345/2003;152/2011 Annual pre-need trust report 16(1) The licensee of a funeral services business that enters into pre-need funeral services contracts or holds money in trust pursuant to sections 7 and 8 of the Act shall annually provide to the Director a report of its financial affairs for the preceding year (a) within 120 days of its fiscal year end, (b) in the form set by the Director, and (c) completed by a professional accounting firm registered under the Chartered Professional Accountants Act. (2) The Director may require the report under subsection (1) to be audited by an independent auditor within the time specified by the Director. s16;251/2001;345/2003;152/2011;152/2015 Permission from seniors residence or hospital 17 No licensee shall display or distribute information about pre-need funeral services contracts (a) in any home or residence maintained for elderly persons or in any hospital, or (b) on the grounds forming part of the home, residence or hospital, unless the licensee obtains prior written permission from the management of the home, residence or hospital Repealed AR 152/2011 s16. Business manager 18(1) Each funeral services business shall appoint a person who holds a business manager licence to act as the business manager for the business. (1.1) A funeral services business that has more than one business location may appoint one business manager for all business locations. (2) The business manager (a) shall represent the funeral services business in all matters relating to its licensed activities, 18

21 Section 18 GENERAL REGULATION (b) is responsible for the operation of the funeral services business and the conduct of the funeral directors, funeral director trainees, embalmers, embalmer trainees, pre-need salespersons and pre-need salesperson trainees employed by the business, and (c) shall ensure that the funeral services business maintains records in accordance with the Act and the regulations under the Act. (3) The business manager shall ensure that it is a licensed funeral director or a funeral director trainee acting under the supervision of a licensed funeral director who (a) enters into funeral services contracts on behalf of the funeral services business with members of the public, and (b) arranges or directs funeral or memorial services. (4) The business manager for a funeral services business that is licensed to sell pre-need funeral services contracts shall ensure that it is a licensed funeral director or licensed pre-need salesperson who enters into pre-need funeral services contracts on behalf of the business with members of the public. (5) The business manager for a funeral services business that offers embalming shall ensure that the embalming is performed by a licensed embalmer or by an embalmer trainee under the supervision of a licensed embalmer. (6) The business manager may permit a funeral director who is under the business manager s authority to work for other funeral services businesses in an emergency and, in that situation, the business manager continues to be responsible for the actions of that funeral director. (7) The business manager shall within 7 days give to the Director (a) written notice of the date of commencement and termination of the employment of every salesperson at the funeral services business, and (b) written notice of the date of commencement and termination of employment of any funeral director, embalmer or pre-need salespersons hired by the funeral services business. 19

22 Section 19 GENERAL REGULATION (8) A funeral services business shall provide written notification to the Director within 7 days if there is a change in the appointment of its business manager and provide the Director with the name of the replacement business manager. s18;345/2003;152/2011 Funeral Director, Business Manager, Embalmer and Pre-need Salesperson Licences Funeral director licence 19 A funeral director licence authorizes the licensee to (a) solicit to enter into or enter into on behalf of the funeral services business any funeral services contracts, including pre-need funeral services contracts, that the business is authorized to enter into by the terms of its funeral services business licence, and (b) arrange or direct funeral or memorial services at all the business locations of the funeral services businesses that employ the licensee. s19;152/2011 Business manager licence 19.1 A business manager licence authorizes the licensee to act as business manager for the funeral services business in respect of which he or she is appointed as business manager. AR 345/2003 s16 Embalmer licence 20 An embalmer licence authorizes the licensee to perform embalming pursuant to a funeral services contract at all the business locations of the funeral services businesses that employ the licensee. AR 345/2003 s16 Pre-need salesperson licence 21 A pre-need salesperson licence authorizes the licensee to solicit to enter into or enter into pre-need funeral services contracts (a) on behalf of a funeral services business that is authorized to enter into pre-need funeral services contracts by the terms of its funeral services business licence, and (b) at all the business locations of the funeral services businesses that employ the licensee. s21;152/

23 Section 21.1 GENERAL REGULATION Application for business manager licence 21.1 A person applying for a business manager licence shall make application to the Director on the form set by the Director, and the application must be accompanied with (a) a form signed by the owner of the funeral services business appointing the applicant to act as business manager for that funeral services business, (b) a report from a criminal record check in a form satisfactory to the Director, (c) if required by the Director, proof that the applicant has successfully passed an exam under section 27.2(a), (d) any additional information required by the Director, and (e) the fee set out in section 37. AR 345/2003 s17 Expiry of licence 21.2 A business manager licence expires automatically when (a) the owner of the funeral services business for whom the business manager acts advises the Director by notice in writing that the business manager has ceased to act for the business, or (b) the business manager advises the Director by notice in writing that he or she has ceased to act as business manager. AR 345/2003 s17 Application for funeral director, embalmer or pre-need salesperson licence 22(1) A person applying for a funeral director licence, an embalmer licence or a pre-need salesperson licence shall make application to the Director on the form set by the Director and the application shall be accompanied with (a) the name of the business manager who has agreed to employ the applicant either as an employee or contractor, (b) a list of all the business locations of each funeral services business at which the applicant will be actively engaged in the operation of the funeral services business as a funeral director, an embalmer or a pre-need salesperson, as the case may be, 21

24 Section 23 GENERAL REGULATION (b.1) if required by the Director, proof that the applicant has successfully passed an exam under section 27.2(a), (b.2) a report from a criminal record check in a form satisfactory to the Director, (c) proof that the applicant has successfully completed an appropriate training program provided or approved under section 27 and, where required, a period of practical experience referred to in section 27.1, (d) any additional information required by the Director, and (e) the fee set out in section 37. (2) Repealed AR 152/2011 s20. (3) Where a person applying for a funeral director licence or an embalmer licence is a non-resident of Alberta, the application (a) shall be accompanied with proof that the applicant is authorized to work in another jurisdiction as a funeral director or an embalmer, as the case may be, and (b) is exempt from subsection (1)(a). s22;345/2003;152/2011 Expiry 23 A funeral director licence, a business manager licence, an embalmer licence, a pre-need salesperson licence and any renewal of any of those licences expire on the March 31 following their issue. s23;345/2003 Renewal of funeral director, embalmer or pre-need salesperson licence 24(1) A person applying for a renewal of a funeral director licence, a business manager licence, an embalmer licence or a pre-need salesperson licence shall make application to the Director on the form set by the Director and the application shall be accompanied with (a) proof that the applicant has completed any continuing education requirements under section 29, (a.1) if required by the Director, proof that the applicant has successfully passed an exam under section 27.2(b), (b) in the case of an application for renewal of a funeral director licence, an embalmer licence or a pre-need 22

25 Section 25 GENERAL REGULATION salesperson licence, the name of the business manager who has agreed to sponsor the applicant, (c) a list of all the business locations of each funeral services business at which the applicant intends to work as a funeral director, business manager, an embalmer or a pre-need salesperson, as the case may be, (d) any additional information required by the Director, and (e) the fee set out in section 37. (2) Where a person applying for a renewal of a funeral director licence or an embalmer licence is a non-resident of Alberta, the application (a) shall be accompanied with proof that the applicant is authorized to work in another jurisdiction as a funeral director or an embalmer, as the case may be, and (b) is exempt from subsection (1)(b). (3) A person whose funeral director licence, business manager licence, embalmer licence or pre-need salesperson licence has expired shall apply under section 22 for a new licence. (4) Notwithstanding subsection (3), where a funeral services business goes out of business or otherwise stops operating or its licence is suspended or cancelled or is not renewed by the Director, any funeral director, business manager, embalmer or pre-need salesperson who was employed on that date by that business may within 2 years of that date renew an expired licence under this section. s24/345/2003 Change in employment 25 A funeral director, an embalmer or a pre-need salesperson who changes employers shall notify the Director in writing of the change in employment within 7 days of commencing the new employment. s25;152/2011 Duties and Powers of the Director Inspections and investigations 26(1) On the completion of an inspection or investigation in respect of a funeral services business by an inspector, the inspector shall provide a summary of the inspector s findings to the Director. 23

26 Section 27 GENERAL REGULATION (2) The Director shall provide a copy of the summary of the inspector s findings to the funeral services business and shall indicate whether any deficiencies were found during the inspection or investigation. (3) If any deficiencies were found during the course of the inspection or investigation, the Director may direct the funeral services business to take such steps as are necessary in the Director s opinion to correct them. s26;345/2003;152/2011 Training programs 27(1) The Director may provide or approve training programs for funeral director trainees, embalmer trainees and pre-need salesperson trainees and may charge fees for registration in any program that is provided by the Director. (2) The Director shall make available on request of any person a list of the training programs that have been approved by the Director. (3) The Director may assess programs and courses that are offered in jurisdictions outside Alberta to determine whether an applicant for a funeral director licence, an embalmer licence or a pre-need salesperson licence who received training in a jurisdiction outside Alberta has complied with section 22(1)(c). Practical experience 27.1 The Director may require funeral director trainees, embalmer trainees and pre-need salesperson trainees to complete a period of practical experience approved by the Director. AR 345/2003 s22 Examination 27.2 The Director may require (a) an applicant for an initial licence, and (b) an applicant who is applying under section 24(3) and whose licence has been expired for more than 2 years to write an exam prescribed by the Director. AR 345/2003 s22 24

27 Section 28 GENERAL REGULATION Conditions of work for trainees 28 The Director shall establish the conditions under which funeral director trainees, embalmer trainees and pre-need salesperson trainees may carry out duties for a funeral services business. Continuing education 29 The Director may require funeral directors, business managers, embalmers and pre-need salespersons to complete continuing education programs and courses. s29;345/2003 Educational standards 30 The Director shall consult with funeral services businesses when developing (a) educational standards to be met by applicants for a funeral director licence, a business manager licence, an embalmer licence or a pre-need salesperson licence, and (b) continuing education standards that may be required for renewal of a funeral director licence, a business manager licence, an embalmer licence or a pre-need salesperson licence. s30;345/2003 Providing information 31 The Director shall provide the following information on request of any person: (a) the status of a funeral services business licence; (b) the name of a funeral services business; (c) the mailing address and location of a funeral services business; (d) the name of the business manager for a funeral services business; (e) the status of a funeral director licence, a business manager licence, an embalmer licence or a pre-need salesperson licence; (f) the name of the business manager who is responsible for a funeral director, an embalmer or a pre-need salesperson; 25

28 Section 32 GENERAL REGULATION (g) an explanation of the responsibilities that funeral services businesses have to members of the public. s31;345/2003 Annual report 32 Not later than July 31 each year, the Director shall prepare and file with the Minister an annual report that includes (a) an audited financial statement relating to the activities carried out under this Regulation in the previous fiscal year, (b) the number of licences issued or renewed and the number of applications refused in the previous year, and (c) a summary of the activities carried out under this Regulation by the Director in the previous year. Registers 33 The Director shall maintain registers showing the name of (a) each funeral director, (b) each embalmer, (c) each pre-need salesperson, (d) each funeral services business, (e) each funeral services business that is licensed to enter into pre-need funeral services contracts, (f) each funeral services business that offers embalming, and (g) the business manager for each funeral services business. s33;345/2003;152/2011 Complaints Resolution Complaints 34(1) The Director may accept complaints. (2) The complainant shall provide the particulars of the complaint in a written or oral statement to the Director. (3) Repealed AR 152/2011 s24. s34;152/ Repealed AR 152/2011 s25. 26

29 Section 36 GENERAL REGULATION Disposition of Remains Who may control disposition 36(1) In this section, (a) living with the deceased includes a situation where (i) the deceased resided before death in a care facility for health reasons and the spouse or adult interdependent partner continued to provide the usual support customarily associated with couples intending to continue a relationship, or (ii) the deceased and the spouse or adult interdependent partner were living apart at the time of death due only to circumstances other than a breakdown of their relationship; (b) parent means, if the deceased is a minor, the parent who had legal custody of the deceased at the time of death. (2) Subject to an order of the Court, the right to control the disposition of human remains or cremated remains vests in and devolves on persons in the following order of priority: (a) the personal representative designated in the will of the deceased; (b) the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death; (c) an adult child of the deceased; (d) a parent of the deceased; (e) a guardian of the deceased under the Adult Guardianship and Trusteeship Act or, if the deceased is a minor, under the Child, Youth and Family Enhancement Act or the Family Law Act; (f) an adult grandchild of the deceased; (g) an adult brother or sister of the deceased; (h) an adult nephew or niece of the deceased; (i) an adult next of kin of the deceased determined on the basis provided by sections 67 and 68 of the Wills and Succession Act; (j) the Public Trustee; 27

30 Section 36.1 GENERAL REGULATION (k) an adult person having some relationship with the deceased not based on blood ties or affinity; (l) the Minister of Human Services. (3) If, under subsection (2)(c) to (h), the right to control the disposition of human remains or cremated remains passes to persons of equal rank, in the absence of agreement between or among them, the order of priority begins with the eldest person in that rank and descends in order of age. (4) If the person who, under this section, has the right to control the disposition of human remains or cremated remains is not available or is unwilling to give instructions, that right passes to the next available qualified person. s36;206/2001;145/2003;8/2005;212/2005; 35/2007;68/2008;168/2010;152/2011;31/2012 Possession of cremated remains by Director 36.1(1) Where the Director (a) reasonably believes that there are cremated remains or related records in the possession of a funeral services business that has ceased to operate, or (b) is of the opinion that it is in the public interest to take possession of cremated remains or related records in the possession of a funeral services business the Director may take whatever steps the Director considers necessary (c) for the collection of those cremated remains for the disposition of the cremated remains in accordance with the code of practice referred to in subsection (3), and (d) for the collection of the related records. (2) The funeral services business shall, if requested by the Director in carrying out subsection (1), deliver the cremated remains or related records to the Director in accordance with the request. (3) The Director shall implement a code of practice respecting the disposition of cremated remains that meets the requirements of section 36.2(1). 28

31 Section 36.2 GENERAL REGULATION (4) If cremated remains in the possession of the Director under this section are not claimed within 5 years by a person with the right to control the disposition of the cremated remains under section 36, the Director may dispose of the cremated remains in such a manner as not to be offensive or to create a nuisance. AR 345/2003 s27;152/2011 Code of practice 36.2(1) A funeral services business shall have in place a code of practice respecting the disposition of cremated remains that contains provisions for at least the following: (a) the means of identification of cremated remains; (b) storage procedures for cremated remains; (c) the keeping of records showing the name and address of the persons taking possession of cremated remains. (2) The code of practice must be approved by the Director. AR 345/2003 s27 Disposition of remains 36.3(1) Any cremated remains that are not claimed within 5 years from the date of the cremation must be disposed of by the funeral services business in a manner that is not offensive and that does not create a nuisance as specified in the funeral services contract. (2) If the funeral services business possesses cremated remains at the time this section comes into force, and the cremated remains are not claimed within 5 years from the date this section comes into force, the funeral services business must dispose of the cremated remains in a manner that is not offensive and that does not create a nuisance. (3) Prior to disposing any cremated remains under this section, the funeral services business must make reasonable attempts to contact the person with the right to control the disposition of cremated remains under section 36 by registered mail to the last known address of the person, by advertisement in a newspaper of local circulation or by any other traceable method available to the funeral services business. AR 345/2003 s27;152/2011 Fees 37(1) The fee for Fees 29

32 Section 37 GENERAL REGULATION (a) a funeral services business licence that is payable by an applicant who has not previously been issued that licence under this Regulation is $500; (b) a funeral services business licence authorizing the entering into of pre-need funeral services contracts that is payable by an applicant who has not previously been issued that kind of funeral services business licence under this Regulation is or (i) the fee specified in clause (a), if applicable, and (ii) an additional $200, if the funeral services business will employ one or more pre-need salespersons during the licensing period, (iii) an additional $75, if the funeral services business will employ no pre-need salespersons during the licensing period. (2) The fee for a renewal of a funeral services business licence is the sum of the following amounts: (a) $150 plus $10 for each funeral services contract under which the applicant provided funeral services in the year preceding the application; (b) if the licence authorizes the entering into of pre-need funeral services contracts, (i) $200, if the funeral services business will employ one or more pre-need salespersons during the licensing period, or (ii) $75, if the funeral services business will employ no pre-need salespersons during the licensing period; (c) $50 in the case of an application made after the applicant s licence has expired. (3) A person who acquires a funeral services business is required to obtain a funeral services business licence with respect to the business, notwithstanding that the business was the subject of a funeral services business licence at the time the business was acquired. (4) Subsection (2) applies to the calculation of the fee for a licence required under subsection (3). 30