BILL 32

An Act to Amend the Pre-arranged Funeral Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Pre-arranged Funeral Services Act, chapter 109 of the Revised Statutes, 2012, is amended by repealing the definition “funeral services” and substituting the following:

“funeral services” means (services de pompes funèbres)

(a)  services and commodities usual in the preparation for burial or cremation of the dead and the burial or cremation of the dead other than the supplying of lots, burial vaults, grave markers, vases and services rendered or to be rendered at the cemetery, and

(b)  any other service prescribed by regulation.

2 Section 23 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

23( 1) A licensed funeral provider may, with the consent of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.

(b)  by adding after subsection (1) the following:

23( 1.1) A licensed funeral provider shall, at the request of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.

(c)  by repealing subsection (3) and substituting the following:

23( 3) A licensed funeral provider who makes an assignment of a pre-arranged funeral plan to another licensed funeral provider on the request of the purchaser or the purchaser’s legal representative may charge an administrative fee that does not exceed the amount prescribed by regulation.

3 The Act is amended by adding after section 26 the following:

Provision of services by third parties

26.1( 1) If agreed to by a purchaser and a licensed funeral provider in a pre-arranged funeral plan, the licensed funeral provider may contract with a third party to provide on its behalf funeral services under the pre-arranged funeral plan, but the licensed funeral provider remains responsible for the provision of the services under the plan.

26.1( 2) This section applies only to the funeral services prescribed by regulation.

26.1( 3) This section applies despite paragraph 3(a) and section 26.

4 Section 31 of the Act is amended by adding after paragraph (d) the following:

(d.1)  prescribing services for the purposes of the definition “funeral services” in section 1;

(d.2)  prescribing funeral services for the purposes of subsection 26.1(2);

(d.3)  prescribing the maximum amount of an administrative fee for the purposes of subsection 23(3);

Commencement

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.