2023 Bill 51

Second Session, 50th General Assembly

II Charles III, 2023

BILL 51

AN ACT TO AMEND THE EMBALMERS AND FUNERAL DIRECTORS ACT, 2008

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Embalmers and Funeral Directors Act, 2008 to

· amend the definition of "funeral director";

· add definitions;

· require that the assistant deputy minister responsible for consumer affairs in the Department of Digital Government and Service Newfoundland and Labrador be a member of the Embalmers and Funeral Directors Board;

· increase the number of members of the Embalmers and Funeral Directors Board required to constitute a quorum;

· prescribe the objects and duties of the Embalmers and Funeral Directors Board;

· allow the Embalmers and Funeral Directors Board to determine in by-laws the manner by which an annual general meeting may be held;

· clarify that a code of ethics may include rules of professional conduct for embalmers, funeral directors, apprentice embalmers and apprentice funeral directors;

· authorize the Embalmers and Funeral Directors Board to establish an apprenticeship program for the practice of funeral directing in the regulations;

· authorize the Embalmers and Funeral Directors Board to prescribe continuing education and training requirements in the regulations;

· authorize the Embalmers and Funeral Directors Board to prescribe duties for licensed embalmers, funeral directors, apprentice embalmers and apprentice funeral directors in the regulations;

· authorize the Embalmers and Funeral Directors Board to establish standards of practice in the regulations;

· authorize the Embalmers and Funeral Directors Board to issue licences to apprentice embalmers and apprentice funeral directors;

· prescribe the term of a licence;

· authorize the Embalmers and Funeral Directors Board to charge a late fee when a person applies to renew a licence or permit after the licence or permit expires;

· replace all references to "Trial Division" with the correct reference "Supreme Court"; and

· incorporate gender-neutral language.

This Bill would amend the Health and Community Services Act to remove regulation-making authorities that are not being used and overlap with the objects and duties of the Embalmers and Funeral Directors Board.

A BILL

AN ACT TO AMEND THE EMBALMERS AND FUNERAL DIRECTORS ACT, 2008

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Board continued

3. S.4 Amdt.
Appointment by minister

4. Ss.4.1 & 4.2 Added
4.1 Objects of board
4.2 Duties of board

5. S.5 Amdt.
Meetings

6. S.8 Amdt.
By-laws

7. S.9 Amdt.
Duties of registrar

8. S.10 Amdt.
Regulations

9. S.11 Amdt.
Inspection

10. Ss.11.1 to 11.4 Added
11.1 Licences
11.2 Application for licence
11.3 Renewal of licence
11.4 Expiry of licence

11. S.12 R&S
Limitations in practice

12. Ss.12.1 & 12.2 Added
12.1 Records
12.2 Delegation

13. S.13 Rep.
Conditions of licence

14. S.14 Amdt.
Appeal to Supreme Court

15. S.16 Amdt.
Complaints and disciplinary panel

16. S.17 Amdt.
Allegation

17. S.19 Amdt.
Complaints authorization committee

18. S.21 Amdt.
Hearing

19. S.23 Amdt.
Guilty plea by respondent

20. S.24 Amdt.
Powers of adjudication tribunal

21. S.25 Amdt.
Filing and publication of decisions

22. S.26 Amdt.
De-registration and suspension

23. S.28 Amdt.
Reinstatement and readmission

24. S.30 Amdt.
Collection of fine

25. S.31 Amdt.
Appeal to Supreme Court

26. S.36 Amdt.
Licence to be displayed

27. SNL1995 cP-37.1 Amdt.

28. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2008 cE-7.1
as amended

1. (1) Section 2 of the Embalmers and Funeral Directors Act, 2008 is amended by adding immediately before paragraph (a) the following:

(a.01) "apprentice embalmer licence" means a licence issued under paragraph 11.1(c);

(a.02) "apprentice funeral director licence" means a licence issued under paragraph 11.1(d);

(a.03) "aquamation" means the disposal of a dead body through the use of water, alkaline chemicals and heat;

(2) Section 2 of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) "cremation" means the disposal of a dead body by incineration in a crematorium;

(a.2) "department" means the department presided over by the minister;

(3) Section 2 of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) "embalmer licence" means a licence issued under paragraph 11.1(a);

(4) Paragraph 2(d) of the Act is repealed and the following substituted:

(d) "funeral director" means an individual who takes charge of a dead human body for the purpose of burial, cremation, aquamation, removal or other disposition;

(5) Section 2 of the Act is amended by adding immediately after paragraph (d) the following:

(d.1) "funeral director licence" means a licence issued under paragraph 11.1(b);

(d.2) "funeral home" means a building, establishment or facility licensed by the board to offer or provide funeral merchandise or funeral services to the public;

(d.3) "funeral home licence" means a licence issued under paragraph 11.1(e);

(d.4) "funeral merchandise" means merchandise that is sold or offered for sale directly to the public that will be used in connection with

(i) a funeral, or

(ii) an alternative final disposition of human remains;

(d.5) "funeral services" means

(i) the care and preparation of human remains, and

(ii) the co-ordination of rites and ceremonies in connection with the disposition of human remains;

(6) Section 2 of the Act is amended by adding immediately after paragraph (e) the following:

(e.1) "licensee" means a person who holds a licence;

2. (1) Subsection 3(2) of the Act is repealed and the following substituted:

(2) The board shall consist of

(a) 2 embalmers, elected in accordance with the by-laws;

(b) 2 funeral directors, elected in accordance with the by-laws;

(d) the assistant deputy minister responsible for consumer affairs in the department who shall be a non-voting member.

(2) Subsection 3(5) of the Act is amended by deleting the words "his or her office".

(3) Subsections 3(6) and (7) of the Act are amended by deleting the words "his or her" wherever they appear and substituting the words "the embalmer's or funeral director's".

(4) Subsection 3(10) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the registrar"; and

(b) deleting the words "his or her" and substituting the words "the registrar's".

3. (1) Subsection 4(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 4(4) of the Act is amended by deleting the words "he or she" and substituting the words "the appointed member".

(3) Subsection 4(6) of the Act is amended by deleting the words "his or her office".

4. The Act is amended by adding immediately after section 4 the following:

Objects of board

4.1 The objects of the board include

(a) protecting the public from untrained and unqualified persons providing funeral services or practising embalming;

(b) overseeing and facilitating apprenticeship training;

(d) ensuring funeral homes and embalming, cremation and aquamation facilities are maintained and equipped as required by this Act and the regulations; and

(e) ensuring funeral homes are operated, funeral services are provided and embalming, cremation and aquamation are practised in accordance with the standards of practice, the code of ethics established under section 8, this Act and the regulations.

Duties of board

4.2 (1) The board shall

(a) develop and administer, in accordance with regulations, examinations for persons applying for an embalmer's licence or a funeral director's licence;

(b) assess applications for the issuance and renewal of a licence;

(c) establish, by regulation, the requirements for participation in apprenticeship training for embalmers and funeral directors;

(d) monitor compliance by licensees with this Act, the regulations and established or adopted standards of practice, codes of ethics and professional conduct;

(e) ensure that the premises of a funeral director or an embalmer are inspected in accordance with this Act;

(f) ensure that investigations and hearings in respect of complaints against embalmers, funeral directors, apprentice embalmers or apprentice funeral directors that are made to the board are conducted in accordance with this Act and the regulations; and

(g) discipline embalmers, funeral directors, apprentice embalmers and apprentice funeral directors in accordance with this Act and the regulations.

(2) The board may

(a) establish, by regulation, the initial and continuing educational requirements and other qualifications and requirements for the issuance and renewal of a licence for embalmers, funeral directors, funeral homes, apprentice embalmers and apprentice funeral directors;

(b) prescribe, by regulation, the duties of licensees;

(i) embalming,

(ii) cremation,

(iii) aquamation,

(iv) funeral services,

(v) transportation and internment of human remains, and

(vi) disposition of unclaimed remains;

(d) establish, by regulation, the minimum standards for premises, accommodation and equipment used by embalmers and funeral directors;

(e) establish a code of ethics and rules of professional conduct for embalmers, funeral directors, apprentice embalmers and apprentice funeral directors; and

(f) establish or adopt, by regulation, standards of practice for embalmers, funeral directors, apprentice embalmers and apprentice funeral directors.

5. (1) Subsection 5(1) of the Act is amended by deleting the word "place" and substituting the words "in the manner".

(2) Subsection 5(3) of the Act is repealed and the following substituted:

(3) A quorum of the board is 4 members, one of whom shall be a person appointed under subsection 4(1).

(3) Subsection 5(4) of the Act is repealed and the following substituted:

(4) At a meeting of the board each member, other than the assistant deputy minister referred to in paragraph 3(2)(d), has one vote, and in the case of a tie, the chairperson has a deciding vote.

(4) Section 5 of the Act is amended by adding after subsection (7) the following:

(8) A vacancy on the board does not impair the authority of the other members to conduct the affairs of the board.

6. Paragraph 8(1)(f) of the Act is repealed and the following substituted:

(f) a code of ethics which may include

(i) rules of professional conduct for embalmers, funeral directors, apprentice embalmers and apprentice funeral directors,

(ii) a definition of "professional misconduct" and "conduct unbecoming" for the purposes of sections 15 to 32,

(iii) provisions respecting conflict of interest, and

(iv) rules respecting advertising;

7. Paragraph 9(1)(a) of the Act is repealed and the following substituted:

(a) maintain a register containing a list of the names and addresses of all persons and funeral homes to which licences and permits have been issued under this Act; and

8. (1) Paragraphs 10(1)(a) and (b) of the Act are repealed and the following substituted:

(a) prescribing training courses and educational requirements for the licensing of funeral directors and of persons to practise embalming in the province including the establishment of a system of apprenticeship for funeral directors and the practice of embalming;

(b) respecting the granting of licences to embalmers, funeral directors, apprentice embalmers, apprentice funeral directors and funeral homes;

(2) Subsection 10(1) of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) respecting the renewal of licences;

(3) Subsection 10(1) of the Act is amended by adding immediately after paragraph (c) the following:

(c.1) prescribing the requirements for participation in apprenticeship training for embalmers and funeral directors;

(c.2) prescribing continuing education and training requirements for funeral directors and embalmers licensed under this Act;

(c.3) prescribing duties of licensees;

(c.4) establishing or adopting standards of practice for the purposes of paragraphs 4.2(2)(c) and (f);

(c.5) respecting the delegation of duties by an embalmer or funeral director;

9. Subsection 11(9) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

10. The Act is amended by adding immediately after section 11 the following:

Licences

11.1 The board may issue the following licences:

(a) an embalmer licence which authorizes the holder of the licence to practise embalming;

(b) a funeral director licence which authorizes the holder of the licence to practise as a funeral director;

(c) an apprentice embalmer licence which authorizes the holder of the licence to participate in apprenticeship training for embalmers;

(d) an apprentice funeral director licence which authorizes the holder of the licence to participate in apprenticeship training for funeral directors; and

(e) a funeral home licence which authorizes the holder of the licence to operate a funeral home.

Application for licence

11.2 (1) The board shall issue a licence to a person under section 11.1 where the person

(a) submits an application to the board in the form set by the board;

(b) pays the fee set by the board; and

(2) In addition to the requirements in subsection (1), a person applying for a licence referred to in paragraphs 11.1(a) and (b) shall provide proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the board.

(3) Where the board requires further information in order to assess an application, the board shall request further information from the person applying for the licence and the person shall provide that information within the time period set by the board.

Renewal of licence

11.3 (1) A licence may be renewed where the holder of the licence complies with the renewal requirements prescribed in the regulations.

(2) Where the holder of a licence fails to renew a licence in accordance with the regulations before it expires, the holder of the licence may be required to pay a late payment fee determined by the board before the licence may be renewed.

Expiry of licence

11.4 (1) A licence shall state

(a) the date it was issued and where renewed, the date it was renewed; and

(b) the date it expires.

(2) The date referred to in paragraph (1)(b) shall not be more than one year after the date the licence was issued or renewed.

11. Section 12 of the Act is repealed and the following substituted:

Limitations in practice

12. (1) A person shall not

(a) practise as an embalmer in the province unless the person holds an embalmer licence;

(b) practise as a funeral director in the province unless the person holds a funeral director licence;

(d) operate a crematorium in the province where human remains are disposed of unless the person holds a funeral director licence;

(e) provide aquamation services in the province unless the person holds a funeral director licence;

(f) practise as an apprentice embalmer in the province unless the person holds an apprentice embalmer licence; and

(g) practise as an apprentice funeral director in the province unless the person holds an apprentice funeral director licence.

(2) Paragraph (1)(a) does not apply to a person practising embalming who is a student of medicine or a person employed in a recognized school of medicine or a hospital where the embalming is carried out in the course of the training of the student or the duties of the person employed.

(3) A person who contravenes this section is guilty of an offence and every day that an offence is committed under this section constitutes a separate offence.

(4) In a prosecution under this section, the failure of a person accused to produce a valid licence constitutes proof that the person does not possess a valid licence.

12. The Act is amended by adding immediately after section 12 the following:

Records

12.1 An embalmer and a funeral director shall complete and maintain those records that the board may require.

Delegation

12.2 An embalmer and a funeral director may, in accordance with the regulations, delegate their duties as prescribed in the regulations.

13. Section 13 of the Act is repealed.

14. (1) Subsection 14(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

14. (1) A person aggrieved by a refusal of the board to license a funeral home or to issue a licence to practise as an embalmer, funeral director, apprentice embalmer or apprentice funeral director may, within 30 days after receipt of notice of that refusal, appeal the refusal to a judge of the Supreme Court by filing with the court a notice of appeal, and by serving a copy of the notice on the chairperson.

(2) Paragraph 14(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the appellant's".

(3) Subsection 14(6) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

15. (1) Subsection 16(1) of the Act is repealed and the following substituted:

Complaints and disciplinary panel

16. (1) The board shall appoint 2 of its elected members and one of its appointed members to constitute the complaints authorization committee for the purposes of sections 15 to 32.

(2) Subsection 16(5) of the Act is repealed and the following substituted:

(5) Where the term of a member of the disciplinary panel expires, the member continues to be a member until reappointed or replaced.

16. (1) Subsection 17(1) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

(2) Subsection 17(3) of the Act is amended by deleting the words "on his or her own motion".

17. (1) Subparagraph 19(4)(a)(i) of the Act is amended by deleting the words "he or she" and substituting the words "that the registrar or other person".

(2) Subsection 19(6) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the licensed funeral director, embalmer or other person"; and

(b) deleting the words "of him or her".

(3) Subsection 19(7) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

18. Subsection 21(2) of the Act is amended by deleting the words "his or her".

19. Subsection 23(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

20. Subsection 24(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

21. (1) Paragraph 25(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

(2) Paragraph 25(4)(a) of the Act is amended by deleting the words "he or she" and substituting the words "the respondent".

(3) Paragraph 25(4)(c) of the Act is amended by deleting the words "his or her name" and substituting the word "it".

22. (1) Subsection 26(1) of the Act is amended by deleting the words "his or her" and substituting the words "the funeral director's or embalmer's".

(2) Subsection 26(2) of the Act is amended by deleting the words "his or her" and substituting the words "the funeral director's or embalmer's".

(3) Subsection 26(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

23. Paragraph 28(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

24. Section 30 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

25. (1) Subsection 31(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

31. (1) The board or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court.

(2) Subsection 31(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

26. Subsection 36(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

SNL1995 cP-37.1 Amdt.

27. Subsection 11(1) of the Health and Community Services Act is amended by deleting paragraphs (n), (p) and (q).

Commencement

28. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.