Second

Session, 50th General Assembly

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

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

S.2 Amdt.

Definitions

S.3 Amdt.

Board continued

S.4 Amdt.

Appointment by minister

Ss.4.1 & 4.2 Added

4.1 Objects of board

4.2 Duties of board

S.5 Amdt.

Meetings

S.8 Amdt.

By-laws

S.9 Amdt.

Duties of registrar

S.10 Amdt.

Regulations

S.11 Amdt.

Inspection

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

S.12 R&S

Limitations in practice

Ss.12.1 & 12.2 Added

12.1 Records

12.2 Delegation

S.13 Rep.

Conditions of licence

S.14 Amdt.

Appeal to Supreme Court

S.16 Amdt.

Complaints and disciplinary panel

S.17 Amdt.

Allegation

S.19 Amdt.

Complaints authorization committee

S.21 Amdt.

Hearing

S.23 Amdt.

Guilty plea by respondent

S.24 Amdt.

Powers of adjudication tribunal

S.25 Amdt.

Filing and publication of decisions

S.26 Amdt.

De-registration and suspension

S.28 Amdt.

Reinstatement and readmission

S.30 Amdt.

Collection of fine

S.31 Amdt.

Appeal to Supreme Court

S.36 Amdt.

Licence to be displayed

SNL1995 cP-37.1 Amdt.

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) 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

(a) 2 embalmers, elected

in accordance with the by-laws;

(b) 2

funeral directors, elected in accordance with the by-laws;

(c) 3

persons appointed by the minister in accordance with subsection 4(1); and

(

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;

(

c) ensuring that the public interest is protected

by the administration of a discipline program;

(

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;

(

c) establish or adopt, by regulation, standards

of practice regarding

(

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

(

c) satisfies any other

requirements prescribed in the regulations.

(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.

Section 12 of the Act is repealed and the

following substituted:

Limitations in

practice

(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;

(

c) operate a funeral

home in the province unless the person holds a funeral home 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.

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

(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

(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".

(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".

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

(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.

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