Interpretation

1  In this regulation:

"Act" means the Cemetery and Funeral Services Act;

"full service funeral provider" means a funeral provider who meets the requirements of section 2 (2);

"immediate disposition funeral provider" means a funeral provider who meets the requirements of section 2 (3);

"satellite funeral provider" means a funeral provider who meets the requirements of section 2 (4).

 Licensing of and standards of operation for funeral providers

2  (1)  Every person who is licensed as a funeral provider, or who applies to be licensed as a funeral provider, must do the following:

(a) if the person is an applicant for licensing as a funeral provider, submit to the registrar a completed application form and the licence fee;

(b) if the applicant or funeral provider is a corporation, submit to the registrar the name and address of each officer and director of the corporation and of each person who holds more than 10 per cent of the equity shares of the corporation;

(c) employ, contract with or be a funeral director to act on behalf of the funeral provider, and provide to the registrar the name of the funeral director who represents the funeral provider at the licensed location;

(d) employ, contract with or be an embalmer to act on behalf of the funeral provider, and provide to the registrar the name of the embalmer who represents the funeral provider at the licensed location;

(e) have public liability insurance for all premises and vehicles used by the funeral provider;

(f) comply with all requests for information made by the registrar, including requests regarding the financial responsibility of the applicant or funeral provider, the protection of consumers, the health and safety of individuals and the care and handling of human remains;

(g) maintain, at the funeral provider's licensed premises or head office in British Columbia, a copy of every contract for funeral services, together with the books, records and accounts which record all money received and disbursed under the contract for funeral services;

(h) comply with the Act and the regulations;

(i) if the funeral provider is applying to renew a licence, make application in the form required by the registrar and submit the licence fee.

(2)  In addition to the requirements of subsection (1), a full service funeral provider must

(a) have a display room for caskets and other containers,

(b) have a preparation facility which, in the opinion of the registrar, is sufficient for the storage, preparation or embalming of human remains, or have a visitation room,

(c) have on-site refrigeration for the storage of human remains or, subject to paragraph (d), have off-site refrigeration that is acceptable to the registrar if no on-site refrigeration is available, and

(d) on and after September 15, 1997, have on-site refrigeration for the storage of human remains.

(3)  In addition to the requirements of subsection (1), an immediate disposition funeral provider must

(a) have a business office where the funeral provider may engage in the sale of goods and services but does not offer or provide other funeral services from the business office,

(b) have refrigeration acceptable to the registrar for the storage of human remains, and

(c) disclose to consumers, verbally and in the contract for funeral services, and in any advertising, that the funeral provider is an immediate disposition funeral provider and does not have premises where a full range of funeral services are provided.

(4)  In addition to the requirements of subsection (1), a satellite funeral provider must

(a) be owned and operated by a funeral provider who is licensed as a full service funeral provider,

(b) have a business office that is located within a reasonable distance of the full service funeral provider, which distance is acceptable to the registrar, so as not to cause undue hardship or inconvenience to consumers, and

(c) engage only in the sale of goods and services at the satellite location but does not offer or provide other funeral services from the satellite location.

 Licensing of funeral directors

3  (1)  Every person who applies to be licensed as a funeral director must

(a) be a graduate of

(i)  a program in funeral education under the Apprenticeship Act that includes practical experience providing funeral services under the supervision of a licensed funeral director, or

(ii)  a program in funeral education in another jurisdiction that is equivalent to the program under subparagraph (i) and is acceptable to the registrar, and

(b) submit to the registrar

(i)  a completed application form and the licence fee, together with a copy of the certificate evidencing graduation from a program in funeral education, and

(ii)  3 letters of reference, one of which must be from an employer or former employer who is a funeral provider and who can attest to the competency of the applicant.

(2)  Every person who is licensed as a funeral director must

(a) be employed by a funeral provider, or be licensed as a funeral provider, while acting as a funeral director, and

(b) if applying to renew a licence, make application in the form required by the registrar and submit the licence fee.

(3)  Every person who applies to be licensed as a funeral director, or who is licensed as a funeral director, must

(a) comply with all requests for information made by the registrar, including requests for information respecting the qualifications and conduct of the applicant or funeral director, the financial responsibility of the applicant or funeral director, the protection of consumers, the health and safety of individuals and the care and handling of human remains, and

(b) comply with the Act and the regulations.

 Licensing of embalmers

4  (1)  Every person who applies to be licensed as an embalmer must

(a) be a graduate of

(i)  a program in embalming under the Apprenticeship Act that includes practical experience in embalming under the supervision of a licensed embalmer, or

(ii)  a program in embalming in another jurisdiction that is equivalent to the program under subparagraph (i) and is acceptable to the registrar, and

(b) submit to the registrar

(i)  a completed application form and the licence fee, together with a copy of the certificate evidencing graduation from a program in embalming, and

(ii)  3 letters of reference, one of which must be from an employer or former employer who is a funeral provider and who can attest to the competency of the applicant.

(2)  Every person who is licensed as an embalmer must, if applying to renew a licence, make application in the form required by the registrar and submit the licence fee.

(3)  Every person who applies to be licensed as an embalmer, or who is licensed as an embalmer, must

(a) comply with all requests for information made by the registrar, including requests for information respecting the qualifications and conduct of the applicant or embalmer, the protection of consumers, the health and safety of individuals and the care and handling of human remains, and

(b) comply with the Act and the regulations.

 Continuing education

5  Despite section 3 (1) (a) or 4 (1) (a), the registrar may at any time require a funeral director or embalmer to take additional training in a continuing program of funeral education or embalming.

 Funeral services contract

6  (1)  For the purposes of section 79 of the Act, every contract for funeral services, other than a prearranged funeral services plan, must comply with the following requirements:

(a) be in writing, dated and signed by the purchaser and by the funeral director who represents the funeral provider at the licensed location, before the delivery of any of the funeral services provided under the contract;

(b) be made at least in duplicate, and a copy must be provided to the purchaser at the time the purchaser signs;

(c) include the name and address of

(i)  the purchaser,

(ii)  the funeral provider,

(iii)  the deceased,

(iv)  the person who is authorizing disposition, and

(v)  the funeral director;

(d) provide the address where the deceased will be sheltered pending disposition;

(e) provide an itemized list and price, as applicable, which includes

(i)  professional and staff services,

(ii)  the casket, urn or container, together with its model number, description and manufacturer, and any other goods sold,

(iii)  embalming or other preparation of the deceased,

(iv)  facilities for visitation or memorial services,

(v)  independent transfer services,

(vi)  the funeral coach, and

(vii)  any other vehicles;

(f) state the cost of completing documents and obtaining permits and the cost of any other disbursements;

(g) if applicable, state the amount of penalty and interest charges for late payment;

(h) include a statement that embalming is not a legal requirement but may be required in some cases (e.g., transportation by air) and, if embalming is requested, provide a space for the written acknowledgment of that service by the purchaser;

(i) include a statement that if the contract is signed by the purchaser at any place other than the funeral provider's place of business and the contract has not been substantially performed, the purchaser has 24 hours in which to cancel the contract, without penalty, but subject to payment for services provided to the time of cancellation;

(j) if the funeral provider is an immediate disposition funeral provider, include a statement that there are no premises where a full range of funeral services are provided.

(2)  If a funeral provider must substitute goods or services previously contracted for under the funeral services contract required by subsection (1), the funeral provider must inform the purchaser and the purchaser may cancel that part of the funeral services contract.

 Price list for funeral services

7  (1)  For the purpose of this section, "conspicuous place" means a place where the price list will be seen by a potential purchaser before he or she is asked to select funeral services.

(2)  The funeral provider must display the current price list for goods and services in a conspicuous place on the premises and the price list must clearly state its effective date and the name and address of the funeral provider.

(3)  Every price on the price list must be expressed as a fixed charge, an hourly rate, a rate per kilometre or some other unit of compensation.

(4)  The price list for funeral services must include the price of the following:

(a) professional and staff services;

(b) all goods offered for sale, such as caskets, urns and containers, together with model numbers, descriptions and the name of manufacturers;

(c) embalming or other preparation of the deceased;

(d) facilities for visitation or memorial services;

(e) independent transfer services;

(f) the funeral coach;

(g) any other vehicles;

(h) the cost of completing documents and obtaining permits, and the cost of any other disbursements.

(5)  For the purpose of subsection (4) (b), the price list may refer to a catalogue or binder containing a complete description of the goods offered for sale, including the price of the goods, if the catalogue or binder is available for inspection by the potential purchaser before he or she is asked to select funeral services.

 Exemption

8  (1)  An individual who provides funeral services for a deceased friend or relative and who satisfies the registrar that the individual

(a) is not carrying on business for profit as a funeral provider or funeral director,

(b) has written permission, from the person with the right to control disposition of the deceased under section 51 of the Act, to provide the funeral services, and

(c) will comply with Provincial health and safety legislation,

is exempt from the licensing requirements of section 70 (1) of the Act.

(2)  This section does not apply to embalming.

 Licence fees

9  For the purpose of section 70 of the Act, the annual fees for the issuance or renewal of a licence are those set out in the Schedule.

 Late renewal fee

9.1  In addition to the fee for the renewal of a licence set out in the Schedule, a person who fails to apply for a renewal of a licence before it expires must pay an extra $100.

[en. B.C. Reg. 526/95.]

 Transitional

10  (1)  Despite section 3 (1) (a), a person who, during the period from September 15, 1995 to September 14, 1998, does not meet the requirements of section 3 (1) (a) may be licensed as a funeral director if the registrar is satisfied as to the competency of the applicant based on the letter of reference from a funeral provider required by section 3 (1) (b) (ii).

(2)  Despite section 4 (1) (a), a person who, during the period from September 15, 1995 to September 14, 1998, does not meet the requirements of section 4 (1) (a) may be licensed as an embalmer if the registrar is satisfied as to the competency of the applicant based on the letter of reference from a funeral provider required by section 4 (1) (b) (ii).

(3)  A licence that is first issued on the basis of the letter of reference referred to in subsection (1) or (2) may be renewed from year to year, but only if the registrar is satisfied as to the continued competency of the funeral director or embalmer.