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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1106/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1106/96

Embalmers and Funeral Directors Licensing Regulations
under the
Embalmers and Funeral Directors Act
(O.C. 96‑941)

Under the authority of section 11 of the Embalmers and Funeral Directors Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

              PART I
EMBALMERS

        3.   Apprenticeship of embalmers

        4.   Transfer of apprenticeship agreement

        5.   Duties of embalmer re apprentice

        6.   Period of formal training

        7.   Prerequisites to embalmer examinations

        8.   Qualifying examination

        9.   Failure of examination

      10.   Extenuating circumstances

      11.   Examination of apprentice

              PART II
FUNERAL DIRECTORS

      12.   Apprenticeship of funeral directors

      13.   Transfer of apprenticeship agreement

      14.   Duties of funeral director re apprentice

      15.   Prerequisites re funeral director examination

      16.   Qualifying examination

      17.   Failure of examination

      18.   Extenuating circumstances

      19.   Funeral director

      20.   Application for licence

      21.   Funeral homes

              PART III
LICENSURE

      22.   Embalmer's licence

      23.   Funeral director's licence

      24.   Licence terms and conditions

      25.   Fees

      26.   Renewal of licence

      27.   Unpaid fees

      28.   Lapsed licences

      29.   Form of licence

      30.   Licence not transferable

      31.   Licensure of establishment or branch

      32.   Referral, suspension or revocation of licence

      33.   Display of licence

              PART IV
GENERAL

      34.   Teaching of apprentices

      35.   Continuing education

      36.   Remuneration of board members

      37.   Hiring of staff

      38.   Repeal


Short title

        1. These regulations may be cited as the Embalmers and Funeral Directors Licensing Regulations.

49/89 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Embalmers and Funeral Directors Act;

             (b)  "approved" means approved by the board; and

             (c)  "funeral home" means an approved building, establishment or facility, by whatever name called, offering or providing funeral merchandise or services to the public.

49/89 s2

PART I
EMBALMERS

Apprenticeship of embalmers

        3. (1) Subject to section 8, a person who wishes to write the examination to qualify as a licensed embalmer under an apprenticeship program must serve an apprenticeship with an approved licensed embalmer in the province for the period of at least 2 years before taking the qualifying examination.

             (2)  Before commencing an apprenticeship program under subsection (1), a person shall apply to the registrar for registration as an apprentice on a form prescribed by the board and shall pay a registration fee as prescribed by the board.

             (3)  A person applying to the board for registration as an apprentice embalmer shall satisfy the board that he or she is possessed of the following prerequisites:

             (a)  that he or she is not less than 17 years of age;

             (b)  that he or she is a Canadian citizen or has landed immigrant status and is a resident of the province;

             (c)  that he or she is of good moral character supported by 2 separate statements from 2 persons, not relatives, who have known him or her for at least 5 years, in the form prescribed by the board;

             (d)  that he or she has at least completed high school;

             (e)  that he or she has not contravened these regulations or the embalmers regulations in another jurisdiction within a period of 5 years; and

              (f)  an agreement of apprenticeship training as prescribed by the board.

             (4)  A person who complies with subsections (2) and (3) shall be issued a certificate of registration by the board in a form prescribed by the board.

49/89 s3

Transfer of apprenticeship agreement

        4. An apprentice embalmer may transfer the agreement of apprenticeship from one embalmer to another by means of a form prescribed by the board and that form shall be filed with the registrar within 15 days of the transfer.

49/89 s4

Duties of embalmer re apprentice

        5. (1) An embalmer shall provide apprenticeship training to only one apprentice at a time, except that where a funeral home has 2 or more embalmers regularly employed, apprenticeship training may be provided to 2 apprentices.

             (2)  An embalmer with whom an apprentice is employed shall furnish to the apprentice upon completion of his or her apprenticeship training agreement an affidavit for the apprenticeship training period in a form prescribed by the board.

             (3)  Where an embalmer with whom an apprentice is employed

             (a)  is absent from the province for more than 90 consecutive days;

             (b)  becomes bankrupt;

             (c)  ceases to operate a funeral home; or

             (d)  dies

the agreement of apprenticeship training shall be null and void.

             (4)  Where an agreement of apprenticeship training becomes null and void, the apprentice may file with the registrar within 60 days another application for apprenticeship training with another embalmer as set out in a form prescribed by the board together with an affidavit of the period of training under the original registration as set out in a form prescribed by the board.

             (5)  The board may dispense with the filing of the affidavit in subsection (4) where it is impractical or impossible for the apprentice to obtain that affidavit.

             (6)  Where an apprentice fails to file an application under subsection (4) within the required time, the registration shall be revoked by the board.

49/89 s5

Period of formal training

        6. An apprenticed embalmer shall be required to undertake a period of formal training of not less than 20 hours duration during his or her apprenticeship training at a location approved by the board either outside or in the province.

49/89 s6

Prerequisites to embalmer examinations

        7. A person who wishes to write the examinations to qualify as a licensed embalmer shall possess one of the following prerequisites:

             (a)  that he or she has served an apprenticeship with one or more approved licensed embalmers for a period of at least 24 consecutive months evidenced in a form prescribed by the board and that he or she has been involved with no fewer than 100 embalming procedures;

             (b)  that he or she is a graduate of an approved school of embalming and that, subject to the discretion of the board, he or she has served an apprenticeship for at least 6 months; or

             (c)  that he or she is able to provide proof, satisfactory to the board, that he or she is the holder of a licence as an embalmer or that he or she is qualified to hold a licence as an embalmer in another province in Canada or another country where there is similar legislation and similar requirements to those required by the board.

49/89 s7

Qualifying examination

        8. (1) The qualifying examination shall consist of 2 parts

             (a)  the written examination; and

             (b)  the practical examination.

             (2)  The written examination shall consist of 2 papers composed of questions from the following subjects:

             (a)  elementary anatomy including

                      (i)  the structure of the human body,

                     (ii)  the principal organs, functions and locations, and

                    (iii)  the different circulatory systems and muscles;

             (b)  embalming;

             (c)  sanitation and public health including

                      (i)  the general disinfection procedures and the equipment used in the preparation of bodies for burial,

                     (ii)  a knowledge of the Act and the Public Health Act,

                    (iii)  the rules and regulations regarding the transportation, interment and disinterment of dead human bodies,

                    (iv)  the operation of receiving vaults and crematoria, and

                     (v)  the acceptable procedures for the conduct of funerals;

             (d)  pathology, including the most common communicable diseases and the special treatment that must be given bodies of those who have died of those diseases; and

             (e)  public relations and funeral procedures.

             (3)  The practical examination shall consist of the performance of an embalming procedure on an autopsy case or a six‑point injection on a normal case in the presence of the examiner.

             (4)  The pass mark in the examination shall be 60%.

             (5)  Candidates for examination must make application to the board at least one month before the date set for the examination, accompanied by an examination fee as prescribed by the board.

             (6)  Candidates who fail to pass an examination shall be eligible to reapply to the board to write the examination the following year or, at the discretion of the board, at some earlier date and a fee as prescribed by the board shall be payable.

49/89 s8

Failure of examination

        9. Where an embalmer apprentice

             (a)  fails to pass the examination set by the board within 30 days of the date of the completion of apprenticeship training; and

             (b)  fails, within 30 days of being notified of failure to pass, to apply to retry the examination set by the board at some later date in a form prescribed by the board,

the registration shall be revoked.

49/89 s9

Extenuating circumstances

     10. Where upon an application to the board it is shown that the failure of the apprentice was due to illness or a death in the immediate family, the board shall direct that the registration shall not be revoked.

49/89 s10

Examination of apprentice

     11. (1) After one year of apprenticeship, each apprentice may be required to write an examination set by the board or an examiner appointed by the board which shall include questions from the 5 subjects set out in subsection 8(2).

             (2)  The examiner shall evaluate the apprentice's experience and his or her ability to perform required duties and forward a report with his or her recommendation to the board.

49/89 s11

PART II
FUNERAL DIRECTORS

Apprenticeship of funeral directors

     12. (1) Subject to section 16, a person who wishes to write the examination to qualify as a licensed funeral director under an apprenticeship program must serve an apprenticeship with an approved licensed funeral director in the province for a period of at least 12 consecutive months before taking the qualifying examination.

             (2)  Before commencing an apprenticeship program under subsection (1), a person shall apply to the registrar for registration as an apprentice on a form supplied by the board and shall pay a registration as prescribed by the board.

             (3)  A person applying to the board for registration as an apprenticeship funeral director shall satisfy the board that he or she is possessed of the following prerequisites:

             (a)  that he or she is not less than 18 years of age;

             (b)  that he or she is a Canadian citizen or has landed immigrant status and is a resident of the province;

             (c)  that he or she is of good moral character supported by 2 separate statements from 2 persons, not relatives, who have known him or her for at least 5 years, as set out in a form prescribed by the board;

             (d)  that he or she has at least completed high school;

             (e)  that he or she has not contravened these regulations or the funeral directors regulations in another jurisdiction within a period of 5 years; and

              (f)  an agreement of apprenticeship training as set out in a form prescribed by the board.

             (4)  A person who complies with subsections (2) and (3) shall be issued a certificate of registration by the board as set out in a form prescribed by the board.

49/89 s12

Transfer of apprenticeship agreement

     13. An apprentice funeral director may transfer his or her agreement of apprenticeship from one funeral director to another by means of a form supplied by the board as set out in a form prescribed by the board and this form should be filed with the registrar within 15 days of the transfer.

49/89 s13

Duties of funeral director re apprentice

     14. (1) A funeral director shall provide apprenticeship training to only one apprentice at a time, except that where a funeral home has 2 or more funeral directors regularly employed, apprenticeship training may be provided to 2 apprentices.

             (2)  A funeral director with whom an apprentice is employed shall furnish to the apprentice upon completion of his or her apprenticeship training agreement an affidavit for the apprenticeship training period as set out in a form prescribed by the board.

             (3)  Where a funeral director with whom an apprentice is employed

             (a)  is absent from the province for more than 90 consecutive days;

             (b)  becomes bankrupt;

             (c)  ceases to operate a funeral home; or

             (d)  dies

the agreement of apprenticeship training shall be null and void.

             (4)  Where an agreement of apprenticeship training becomes null and void, the apprentice may file with the registrar within 60 days another application for apprenticeship training with another funeral director, as set out in a form prescribed by the board together with an affidavit of the period of training under the original registration as set out in a form prescribed by the board.

             (5)  The board may dispense with the filing of the affidavit in subsection (4) where it is impractical or impossible for the apprentice to obtain that affidavit.

             (6)  Where an apprentice fails to file an application under subsection (4) within the required time, the registration shall be revoked by the board.

49/89 s14

Prerequisites re funeral director examination

     15. A person who wishes to write the examinations to qualify as a licensed funeral director shall possess one of the following prerequisites:

             (a)  that he or she has served an apprenticeship with a licensed funeral director for a period of at least 12 months and that he or she has been involved with no fewer than 50 funeral procedures as set out in a form prescribed by the board;

             (b)  that he or she is able to provide proof of registration satisfactory to the board that he or she is the holder of a licence as a funeral director or that he or she is qualified to hold a licence as a funeral director in another province in Canada or another country where there is similar legislation and similar requirements to those required by the board; or

             (c)  that he or she is the holder of a valid embalmers licence.

49/89 s15

Qualifying examination

     16. (1) The board shall approve or set the qualifying examination for a licensed funeral director.

             (2)  Notwithstanding subsection (1), the qualifying examination set by the board shall test a candidate's knowledge of the following areas:

             (a)  sanitation and public health including

                      (i)  the disinfection procedures and of the equipment used in the preparation of bodies for burial,

                     (ii)  a knowledge of the Act and the Public Health Act,

                    (iii)  the rules and regulations regarding the transportation, interment and disinterment of dead human bodies,

                    (iv)  the operation of receiving vaults and crematoria, and

                     (v)  the acceptable procedures for the conduct of funerals;

             (b)  public relations and funeral procedures; and

             (c)  standards of ethical conduct.

             (3)  The pass mark in the examination is 60%.

             (4)  Candidates for examination must make application to the board as set out in a form prescribed by the board at least one month before the date set for the examination, accompanied by an examination fee as prescribed by the board.<T>

49/89 s16

Failure of examination

     17. Where a funeral director apprentice

             (a)  fails to pass the examination set by the board within 12 days of the date of completion of apprenticeship training; and

             (b)  fails, within 30 days of being notified of failure to pass, to apply to retry the examination set by the board at some later date as set out in a form prescribed by the board,

the registration may be revoked.

49/89 s17

Extenuating circumstances

     18. Where upon an application to the board it is shown that the failure of the apprentice was due to illness or a death in the immediate family, the board shall direct that the registration shall not be revoked.

49/89 s18

Funeral director

     19. (1) Subject to these regulations, a licence as a funeral director may be issued to a person who operates for himself or herself, or under his or her own or another name for another person, a funeral home.

             (2)  A funeral director may not operate other than from a licensed funeral home.

49/89 s19

Application for licence

     20. A person applying to the board for a funeral director's licence shall be not less than 19 years of age and shall satisfy the board that he or she is possessed of the prerequisites set out in paragraphs 12(3)(b), (c), (d) and (e).

49/89 s20

Funeral homes

     21. (1) A building other than a residence, monument display room or a flower shop shall not be attached to a funeral home.

             (2)  A funeral home shall have the following approved minimum facilities and equipment:

             (a)  an office;

             (b)  a preparation room;

             (c)  a casket display room;

             (d)  a reposing room;

             (e)  a public washroom;

              (f)  a funeral coach;

             (g)  a lowering device;

             (h)  a grass mat; and

              (i)  a removal cot with cover or body pouch.

             (3)  A casket display room shall

             (a)  be a minimum of 18.58 square metres in area;

             (b)  be used only for the purpose of displaying caskets and other funeral merchandise;

             (c)  have on display a minimum of 6 adult caskets of different grades and prices; and

             (d)  have children's caskets available.

             (4)  A preparation room shall be used exclusively for keeping, embalming and preparation for burial or transportation of dead human bodies and the room shall be equipped with approved

             (a)  sanitary drainage or facilities for disposal of fluids;

             (b)  ventilation and lighting;

             (c)  essential instruments and supplies and means of washing and sanitizing;

             (d)  floors and walls constructed or covered by impervious materials;

             (e)  washable type painted surface, where painting is required; and

              (f)  hand washing facilities.

             (5)  A reposing room shall

             (a)  provide space for display of flowers;

             (b)  have an appropriate stand for a casket;

             (c)  have a visitation book with a stand; and

             (d)  be equipped with seating accommodations.

             (6)  Public washrooms shall have approved

             (a)  hand washing facilities, including hot and cold running water, individual hand towels and soap;

             (b)  receptacle for used hand towels;

             (c)  floor and walls constructed or covered by impervious materials;

             (d)  washable type painted surface, where painting is required;

             (e)  toilets; and

              (f)  ventilation and lighting.

             (7)  A funeral coach shall

             (a)  be a commercially designed coach or an approved vehicle with suitably draped side and rear windows for the purpose of funerals or transfer of human remains; and

             (b)  be maintained in a clean and attractive condition.

             (8)  Exterior signs pertaining to the operation of funeral homes shall be

             (a)  of a type and size approved by the board; and

             (b)  wording limited to the name of the operator, type of business, address and telephone number.

             (9)  The board may require an applicant applying for construction or alteration of a funeral home to furnish with his or her application his or her building plans or floor plans and a letter from the local or municipal governing body or where applicable the appropriate provincial government department approving the location of the premises to be used in connection with his or her business.

49/89 s21

PART III
LICENSURE

Embalmer's licence

     22. An application for a licence or a renewal of a licence to practise as an embalmer in the province under subsection 13(2) of the Act shall be submitted to the board in a form prescribed by the board and shall be accompanied by the appropriate fee as prescribed by the board.

49/89 s22

Funeral director's licence

     23. An application for a licence or a renewal of a licence to practise as a funeral director in the province under subsection 13(1) of the Act shall be submitted to the board in a form prescribed by the board and shall be accompanied by the appropriate fee prescribed by the board.

49/89 s24

Licence terms and conditions

     24. (1) Permits issued under section 17 of the Act shall be subject to those terms and conditions which, at the discretion of the board, are necessary to ensure compliance with these regulations.

             (2)  Permit holders shall pay a fee prescribed by the board.

49/89 s25

Fees

     25. The fees for registration by applicants for licences shall be prescribed by the board and shall apply for each calendar year.

49/89 s26

Renewal of licence

     26. An embalmer or funeral director who

             (a)  holds a licence under these regulations;

             (b)  makes application to the registrar on or before January 1 in each year; and

             (c)  pays the annual fee set out in section 25

may have his or her licence renewed for the ensuing year.

49/89 s27

Unpaid fees

     27. Subject to the discretion of the board, a person who fails to pay his or her licence fee or fees on or before January 1 in any one year may forfeit the right to operate as an embalmer or funeral director and may be assessed a penalty as prescribed by the board for each day a licence fee is not paid after January 1 in any one year.

49/89 s28

Lapsed licences

     28. An embalmer or funeral director who has allowed his or her licence to lapse for a period of 2 years shall demonstrate to the satisfaction of the board that he or she is qualified to do the work of an embalmer or funeral director by being required to attend a refresher course and writing the examinations set by the board.

49/89 s28

Form of licence

     29. The form of licence to be issued to an embalmer and a funeral director shall be in the form prescribed by the board.

49/89 ss30&31

Licence not transferable

     30. (1) Subject to section 20, every licence issued under these regulations to a funeral director shall specify by name the person to whom it is issued.

             (2)  A licence issued to an embalmer or funeral director under these regulations is not transferable to another person.

49/89 s32

Licensure of establishment or branch

     31. (1) A person, firm, partnership, association or corporation shall not operate an establishment or a branch of an establishment as a funeral home unless that establishment or branch is licensed.

             (2)  To be licensed each establishment and branch shall meet the requirements of these regulations.

             (3)  An application for a licence or a renewal of a licence to operate a funeral home in the province shall be submitted to the board in the form prescribed by the board and shall be accompanied by the appropriate fee.

             (4)  The licence fee for each establishment and each branch shall be prescribed by the board.

             (5)  The form of licence to be issued to an establishment shall be the form prescribed by the board.

             (6)  Whenever a person, firm, partnership, association or corporation carrying on the business of a funeral home in the province operates a number of separate establishments or branches in different cities or towns, a separate manager who is a licensed funeral director shall be employed for each establishment or branch and all funeral services carried out by that establishment or branch shall be conducted by a licensed funeral director.

49/89 s33

Refusal, suspension or revocation of licence

     32. (1) The board may refuse to issue, or may refuse to renew, or may suspend or may revoke a licence for a cause that in the opinion of the board requires investigation.

             (2)  Before refusing, suspending or revoking a licence for a cause the board shall give notice by registered letter mailed at least 10 days before the date fixed upon for the meeting of the board at which the person concerned shall be given a hearing in the matter.

49/89 s34

Display of licence

     33. Every licence issued under these regulations shall be displayed in a conspicuous place in the premises or place of operation of an embalmer or funeral director.

49/89 s35

PART IV
GENERAL

Teaching of apprentices

     34. (1) Where 2 or more persons are involved with the teaching of apprentices, the operator of the funeral home shall appoint one them to be responsible for the training program.

             (2)  A licensed embalmer or funeral director with a minimum of 2 years' experience shall be qualified to teach apprentices.

             (3)  Funeral homes which do not offer embalming services shall not be permitted to accept embalming apprentices for training.

49/89 s23

Continuing education

     35. (1) The holders of embalmers or funeral directors licences shall be required to attend a refresher course or seminar as recognized by the board at least once every 5 years.

             (2)  Proof of attendance required under subsection (1) shall be submitted to the board.

49/89 s29

Remuneration of board members

     36. (1) The board may, at rates not exceeding those applying to government agencies, remunerate or reimburse its members as follows:

             (a)  reasonable honoraria or allowances for time spent at meetings or in travelling to and from board meetings; and

             (b)  out‑of‑pocket expenses necessarily incurred in connection with the work of the board.

             (2)  Notwithstanding subsection (1), all payments under that subsection are to be funded from revenue derived by the board under the provisions of the Act and these regulations.

49/89 s36

Hiring of staff

     37. (1) The board may engage secretarial or other staff as required to enable it to carry out its duties under the Act.

             (2)  Notwithstanding subsection (1), all costs involved in the employment of staff are to be funded from revenue derived by the board under the provisions of the Act and these regulations.

49/89 s37

Repeal

      38. The Embalmers and Funeral Directors Licensing Regulations, 1989, Newfoundland Regulation 49/89, are repealed.