Funeral Directors and Embalmers Regulation

Funeral Directors and Embalmers Regulation, M.R. 387/87 R The Funeral Directors and Embalmers Act , C.C.S.M. c. F195 Regulation 387/87 R Registered November 13, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Repealed 3 Education committee 3.1 Educational program 3.2 School approval and designation 4-5.1 Repealed 5.2 Practicum supervisor requiremetns 6 Repealed 7 Certificate of qualification 7.1 Repealed 8 Issuing a licence 8.0.1 Expiry of license 8.1 Renewing a licence 8.2 Continuing education requirements for licence renewals 9 Repealed 10 Special permits 11 Premises 11.1 Display of licences and registration 12 Records to be kept by funeral director 13 Disciplinary action 13.1 Complaints and investigations 13.2 Hearing procedures 14 Agent 14.1 Director to make information available to the public 14.2 Information disclosure 14.3 Prices of caskets and other containers 14.4 Written statement to be provided 14.5 Information disclosure by telephone or e-mail 14.6 Additional information to be disclosed 14.7 Disclosures must be clear and understandable 14.8 Information disclosure re agents 15 Repeal 16 Transitional Schedule Definitions 1 In this regulation, "Act" means The Funeral Directors and Embalmers Act ; («  Loi  ») "agent" means a person registered under section 19 of the Act; (« représentant ») "application form" means an approved application form; (« formule de demande ») "approved" means approved by the director; (« agréé » ou « approuvé ») "approved school" means a school designated as an approved school by the director under subsection 3.2(1); (« école agréée ») "code of ethics" means the code of ethics prepared and published by the minister as authorized by subsection 16.1(1) of the Act; (« code de déontologie ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has been convicted or has any outstanding charge awaiting court disposition under any federal, provincial or territorial enactment; (« relevé des antécédents judiciaires ») "direct burial" means a disposition of human remains by burial, without formal viewing, visitation or ceremony with the body present, except for a graveside service; (« enterrement direct ») "direct cremation" means a disposition of human remains by cremation, without formal viewing, visitation or ceremony with the body present; (« crémation directe ») "educational program" means the educational program set out in section 3.1; (« programme d'éducation ») "general price list" means the price list referred to in subsection 14.2(1); (« liste maîtresse des prix ») "outer burial container" means any container that is designed for placement in the grave around the casket, including burial vaults, grave boxes or grave liners; (« contenant d'enterrement extérieur ») "prescribed fee" means the fee set out in the schedule to this regulation; (« droits prescrits ») M.R. 86/2006 ; 179/2009 ; 68/2012 ; 25/2022 2 [Repealed] M.R. 179/2009 ; 25/2022 Education committee 3(1) The director may appoint a committee, to be known as the education committee, that is responsible for (a) participating in the review and approval of an approved school's curriculum; (b) [repealed] M.R. 25/2022 ; (c) reviewing the continuing education courses for approval by the directeor; and (d) any other duties assigned to it by the director. 3(2) [Repealed] M.R. 25/2022 3(3) The director is the chair of the education committee. M.R. 179/2009 ; 68/2012 ; 25/2022 Educational program 3.1(1) The educational program must include instruction on the following subjects: (a) the administration and operation of the business of a funeral director; (b) the customs and history of funeral directing; (c) the theory and practice of embalming, restorative art and the care and preparation of the deceased; (d) the study of the code of ethics and the following legislation: (i) The Funeral Directors and Embalmers Act , (ii) The Prearranged Funeral Services Act , (iii) The Cemeteries Act , (iv) The Anatomy Act , (v) The Business Practices Act , (vi) The Fatality Inquiries Act , (vii) The Public Health Act , (viii) The Vital Statistics Act , (ix) The Workers Compensation Act , (x) the regulations made under the Acts referred to in subclauses (i) to (ix), in particular the Dead Bodies Regulation , Manitoba Regulation 27/2009, (xi) any other legislation requested by the director; (e) any other subjects approved by the director. 3.1(2) The educational program must also include (a) an orientation program for new students that is developed in consultation with the director; and (b) a practicum component that meets the approved requirements. M.R. 179/2009 ; 68/2012 ; 25/2022 School approval and designation 3.2(1) The director may approve a school to provide instruction in the educational program, and designate that school as an approved school for the purposes of the Act and this regulation. 3.2(2) An approved school must (a) provide instruction in the educational program; (b) [repealed] M.R. 68/2012 ; (c) ensure that its instructors are qualified to provide instruction in the educational program; (d) evaluate and record each student's performance in the educational program; and (e) provide to each student a transcript of his or her record of achievement when the student graduates or ceases to be enrolled in the educational program; (f) and (g) [repealed] M.R. 68/2012 ; (h) [repealed] M.R. 25/2022 . 3.2(3) Each year, an approved school must give the director (a) a comprehensive outline of the educational program that includes course details and the number of instruction hours for each course; (b) the tuition fee and any other costs to be charged to a student; and (c) the names and qualifications of the instructors for each course. An approved school must also give the director any other information the director requests. 3.2(4) If a student successfully completes the educational program, he or she must receive a graduation certificate from the approved school. M.R. 179/2009 ; 68/2012 ; 25/2022 4 to 5.1 [Repealed] M.R. 179/2009 ; 68/2012 Practicum supervisor requirements 5.2 A funeral director who supervises a student participating in the practicum program at an approved school must (a) hold a valid licence; (b) supervise only one student at a time; (c) participate in an orientation of the educational program offered by the approved school in which the student is enrolled; (d) enter into an agreement with the approved school in which the student is enrolled respecting the student's learning experience and consult with the program faculty about their evaluations of the student; (e) ensure that the premises are safe and appropriate for the purposes of the practicum program; (f) complete and submit the approved school's practicum evaluation form; and (g) complete and submit any other reports required by the approved school. M.R. 179/2009 ; 68/2012 6 [Repealed] M.R. 179/2009 ; 68/2012 Certificate of qualification 7 For the purpose of clause 11(1)⁠(c) of the Act, a person must (a) [repealed] M.R. 25/2022 ; (b) submit a completed criminal record check and a child abuse registry check that are satisfactory to the director; (c) [repealed] M.R. 25/2022 ; (d) submit proof that they graduated from the educational program offered by an approved school. M.R. 179/2009 ; 68/2012 ; 25/2022 7.1 [Repealed] M.R. 179/2009 ; 68/2012 Issuing a licence 8 For the purpose of clause 9(1)⁠(c) of the Act, the director may issue a licence to a person who complies with the following requirements: (a) the person applies for the licence in an approved form; (b) the person is in compliance with the Act and this regulation; (c) the person pays the prescribed fee; (d) the person has not been convicted of an offence that is relevant to their suitability to carry on the business of a funeral director or the practice of an embalmer; (e) if the person has not been engaged in a funeral directing business or the practice of embalming during the previous three years, the person completes one or both of the following, as specified by the director: (i) a specific course of instruction in the business of a funeral director or the practice of embalming, (ii) supervised practical experience. M.R. 179/2009 ; 25/2022 Expiry of license 8.0.1 A license expires on December 31 of the year it is issued or renewed. M.R. 25/2022 Renewing a licence 8.1 For the purpose of clause 9(1)⁠(c) of the Act, the director may renew the licence of a person who (a) applies for a renewal of the licence in an approved form by December 1 of each year; (b) pays the prescribed fee; (c) is in compliance with the Act and this regulation; (d) has a current licence that has not been suspended or cancelled; (e) has not been convicted of an offence that is relevant to their suitability to carry on the business of a funeral director or the practice of an embalmer; (f) meets the continuing education requirement set out in section 8.2. M.R. 86/2006 ; 179/2009 ; 25/2022 Continuing education requirements for licence renewals 8.2 To meet the requirement for continuing education under clause 8.1(f), a person must provide evidence, acceptable to the director, that they satisfactorily completed six hours of approved courses during the current licence period. The person may include any specific course the director may require the person to take. M.R. 179/2009 ; 25/2022 9 [Repealed] M.R. 86/2006 ; 179/2009 Special permits 10(1) Notwithstanding section 8, the director may issue a special permit to any person to practice embalming or furnish funeral supplies and services in a sparsely settled area of Manitoba. 10(2) A special permit issued under subsection (1) shall (a) name the person authorized therein; (b) describe the acts of embalming or funeral supply and service authorized to be done by the permittee; (c) describe the area within which the permit is valid; and (d) terminate on December 31 in the year it is issued, or such earlier date as is stated therein. M.R. 25/2022 Premises 11(1) A funeral director must ensure that the premises on which they carry on the business of a funeral director include at least one separate room that is private and suitable for the purpose of discussing funeral arrangements and purchasing funeral supplies and services. 11(1.1) An embalmer must ensure that the premises on which they carry on the practice of embalming include at least one room that is exclusively used for the keeping, embalming and preparation for burial, cremation or transportation of human remains and that meets the following requirements: (a) it is clearly labeled from the outside to prohibit access by anyone other than staff or authorized persons; (b) it is well lit and mechanically ventilated to the outside of the building; (c) it is kept in a clean and sanitary state; (d) it is capable of being easily disinfected; (e) it is capable of being kept at the appropriate temperature for the storage, care and preparation of human remains; (f) its surfaces, including the floor, are composed of non-porous materials that are capable of preventing fluids from soaking into them; (g) it contains at least one holding or examining table that is capable of being disinfected easily; (h) it contains sanitary drainage, equipped with splash guards and a backflow valve, for the disposal of bodily fluids and embalming fluids; (i) it contains adequate sanitary receptacles, supplies and instruments necessary for the disinfection, preservation and restoration of human remains. 11(2) [Repealed] M.R. 25/2022 M.R. 179/2009 ; 25/2022 Display of licences and registration 11.1(1) The owner of a business that offers the services of an embalmer or a funeral director or both must post in a prominent place in view of the public, in each premises from which the business is conducted, proof that the premises has been registered as required under the Act. The proof must be in the form approved by the director. 11.1(2) A person who is licensed to practice embalming or carry on the business of a funeral director must post in a prominent place in view of the public, in each premises from which the person practices or carries on business, a copy of their license. M.R. 179/2009 ; 25/2022 Records to be kept by funeral director 12(1) Every funeral director shall keep or cause to be kept records that are complete and accurate and enable the following to be determined and verified: (a) name, sex, and residence of the deceased; (b) date of birth and date of death of the deceased; (c) occupation of the deceased at the time of death; and (d) date of funeral and place of burial, cremation, or other disposal of the body of the deceased; (e) the name and address of the person who made the funeral arrangements; (f) the name of the person who authorized the burial, cremation or embalming; (g) the name of the person to whom the deceased's cremated remains was released and the date on which this occurred, if applicable; (h) the general price list and any previous versions of it; (i) the particulars of each statement of selected funeral supplies and services provided under subsection 14.4(1) for the current year and the previous five years; (j) the funeral director's compliance with the Act, this regulation and any terms and conditions imposed on their certificate of qualification, licence or permit. 12(2) [Repealed] M.R. 25/2022 M.R. 179/2009 ; 25/2022 13(1) [Repealed] M.R. 179/2009 Causes for disciplinary action 13(2) For the purposes of subsection 12(1) of the Act, the director may cancel or suspend a licence or permit, issue a reprimand or a monetary penalty to the holder of a licence or permit, or revoke a certificate of qualification, for any one or more of the following causes: (a) a breach by that person of the Criminal Code or a criminal breach of any other statute affecting the practice or business of embalming or funeral directing; (b) excessive use of alcohol or narcotics by that person; (c) incompetency of that person affecting the public interest; (d) fraudulent or unethical business practices by that person; (e) contravention by that person of the Act or this regulation or both; (f) a breach of the code of ethics. Imposing conditions 13(3) For the purposes of subsection 12(1.2) of the Act, the director may impose conditions on a license or permit requiring the licensee to (a) limit their practice; (b) practise under supervision; (c) permit periodic inspections or audits of their practice, including inspections or audits of practice records; (d) report on specified matters to a person specified by the director; (e) not engage in sole practice. M.R. 179/2009 ; 25/2022 Complaints and investigations 13.1(1) Any person may make a complaint about the conduct of a funeral director or embalmer. 13.1(2) A complaint must be made in writing to the director. 13.1(3) A complaint may be made about a funeral director or embalmer even if their certificate of qualification has been revoked or their licence or permit has been suspended or cancelled, but only if the complaint is made within five years after the revocation, suspension or cancellation. 13.1(4) An inspector may investigate the complaint. 13.1(5) In the course of an investigation under subsection (4), the inspector may investigate any other matter that arises and is related to the conduct of the funeral director or embalmer. 13.1(6) [Repealed] M.R. 25/2022 13.1(7) After completing an investigation, the inspector must make a written report of their findings and provide the written report to the director. 13.1(8) [Repealed] M.R. 25/2022 M.R. 179/2009 ; 25/2022 Hearing procedures 13.2(1) At the same time that the funeral director or embalmer is given the notice required under subsection 12(3) of the Act, the director must also give (a) written notice of the date, time and place of the hearing; (b) information identifying general details of the particular complaint; and (c) a copy of the inspector's report referred to in subsection 13.1(7). 13.2(2) The funeral director or embalmer may appear and be represented by counsel at the hearing, and the director may be assisted by counsel. 13.2(3) The inspector is a party to the hearing and has carriage of the complaint. 13.2(4) If it has been proved that the funeral director or embalmer has received notice of the hearing, the director may (a) proceed with the hearing in the absence of the funeral director or embalmer; and (b) act or decide on the matter being heard in the same way as if the funeral director or embalmer were in attendance. 13.2(5) [Repealed] M.R. 25/2022 13.2(6) The director may adjourn the hearing from time to time. 13.2(7) A hearing must be open to the public. However, a party to the hearing may request the director to make an order requiring (a) that the hearing or any part of it be held in private; or (b) that the funeral director or embalmer or any witness be identified only by initials. 13.2(8) The director may make an order described in subsection (7), but only if it is satisfied that (a) financial, personal or other matters may be disclosed that are of such a nature that the desirability of avoiding public disclosure of those matters outweighs the desirability of adhering to the principle that meetings be open to the public; (b) a person involved in a civil or criminal proceeding may be prejudiced; or (c) a person's safety may be jeopardized. 13.2(9) The director must ensure that an order made under subsection (7) and the reasons for it are either given orally at the hearing or made available to the public in writing. 13.2(10) The director is not bound by the rules of evidence that apply to judicial proceedings. 13.2(11) Evidence may be given at a hearing by oral testimony or affidavit or both, but a funeral director's or embalmer's licence or permit cannot be suspended or cancelled, or their certificate revoked, on affidavit evidence alone. 13.2(12) The oral evidence of a witness at a hearing must be recorded and taken on oath, and the parties have a right to cross-examine witnesses and call evidence in defence and reply. 13.2(13) The director may allow evidence to be introduced if, at least 14 days before the hearing, the party intending to introduce it gives the other party, (a) the name of any witness and an outline of their anticipated evidence; and (b) the opportunity to inspect any documentary evidence. 13.2(14) Despite subsection (13), the director may allow evidence to be introduced if the director is satisfied that introduction of that evidence is necessary to ensure that the legitimate interests of a party to the hearing will not be unduly prejudiced. However, the director must (a) declare their intent to do so; and (b) give the funeral director or embalmer a reasonable opportunity to prepare a response. 13.2(15) At the same time that the director provides a copy of the decision to the funeral director or embalmer as required by subsection 12(3.3) of the Act, the director must also advise the funeral director or embalmer in writing of the right to appeal the decision under subsection 12(5) of the Act. M.R. 179/2009 ; 25/2022 Agent 14 For the purpose of section 19 of the Act, a person who wishes to be registered as an agent of a funeral director must submit to the director (a) a completed application form; (b) a criminal record check; and (c) payment of the prescribed fee. M.R. 179/2009 ; 25/2022 Director to make information available to the public 14.1 In addition to the information referred to in section 15.1 of the Act, the director must make available to the public information about the roles and responsibilities of the director and the process for complaints and hearings under the Act. M.R. 179/2009 ; 25/2022 Information disclosure 14.2(1) For the purpose of section 16.2 of the Act, a funeral director, or a person acting for or on their behalf, must give a price list to a purchaser, prospective purchaser or any other person requesting it that contains the following information: (a) the name under which the funeral director carries on business and, if applicable, the corporate name or ownership of the business; (b) the funeral director's business address and telephone number; (c) a caption describing the list as a "general price list"; (d) the effective date for the price list; (e) a detailed, separate listing of the supplies and services provided by the funeral director and the cost to be charged to the purchaser for each of those supplies and services, including, without limitation and where applicable, the following: (i) the professional service charge or the costs associated with the provision of funeral services by the funeral director, (ii) the transfer of human remains to the funeral director's place of business, (iii) the transfer of human remains from the funeral director's place of business to another funeral director's place of business, (iv) the receiving of human remains from another funeral director, (v) embalming, (vi) any other funeral supplies or services for the preparation of the body, (vii) the use of the funeral director's place of business, (viii) the use of any other facility or location that is arranged by the funeral director, (ix) the transportation costs, including the use of hearses or limousines or both, (x) caskets and other containers, including urns, outer burial containers and shrouds that do not require special ordering, (xi) printed materials, such as acknowledgment or memorial cards; (xii) the amount, if any, set aside for the payment of taxes, (xiii) the itemized cost of other disbursements not included in subclauses (i) to (xii); (f) a detailed listing of the price ranges for the following supplies and services: (i) direct cremations, together with (A) a separate price for a direct cremation when the purchaser provides the container for cremation, (B) a separate price for a direct cremation offered when the purchaser purchases the container for cremation from the funeral director, (C) a description of the services and container, if applicable, included in each price, and (D) a separate listing of the transportation costs from the funeral director's place of business to the crematory, (ii) direct burials, together with (A) a separate price for a direct burial when the purchaser provides the casket or alternative container, (B) separate prices for a direct burial offered when the purchaser purchases the casket or alternative container from the funeral director, and (C) a description of the services and casket or alternative container, if applicable, included in that price; (g) the following statements, if applicable: "This list does not include prices for certain items that you may ask us to buy for you, such as headstones, cemetery or crematory services, or newspaper notices. The prices for those items will be shown on your bill or the statement describing the funeral supplies and services you selected." "Except in certain special cases, embalming is not required by law." "If you want to arrange a direct cremation, you may, if you wish, provide us the container to be used for cremation. Containers can be made of materials such as wood, heavy cardboard or composition materials (with or without an outside covering) or canvas pouches." "The supplies and services shown on this price list are those we can provide to purchasers. You may choose only the items you desire. If legal or other requirements mean that you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral supplies and services you selected." 14.2(2) The retail price of any item on the price list may be expressed either as a flat fee or as a price per hour, kilometre, or other computational unit. 14.2(3) The funeral director must clearly indicate on the general price list — by using the phrase "optional services" — those funeral supplies or services that are provided by the funeral director, but that the purchaser does not have to accept to enter into a sale. 14.2(4) The funeral director must ensure that the information in the general price list is clear and understandable and in a font size that is easy to read. M.R. 179/2009 ; 68/2012 ; 25/2022 Prices of caskets and other containers 14.3(1) If a funeral director makes available a book, brochure, internet site or other written or electronic information that shows the product line of caskets and containers that the funeral director offers for sale, they must ensure that the information includes a photograph or drawing of each casket or container and the make, model number and price of each of them. M.R. 179/2009 ; 25/2022 14.3(2) If a funeral director has a room or area for the display of caskets or alternative containers or models of them for examination, the funeral director must ensure that the price is clearly set out and is affixed to each casket, container or model. M.R. 179/2009 Written statement to be provided 14.4(1) At the end of the funeral arrangement discussions, the funeral director must provide to the purchaser an itemized written statement that includes (a) the following information: (i) the supplies and services selected by the purchaser and the price to be paid for each of them, (ii) the total cost of the selected supplies and services; and (b) the following statements: "Charges are only for those supplies and services that are used or provided. If we are required by law to use any supplies or provide any services, we will explain the reasons in writing below." "Except in cases where the law requires embalming, you do not have to pay for embalming that you did not order. If we charge you for embalming, we will explain the reasons in writing below." (c) a brief description in writing of any legal, cemetery or crematory requirements that the funeral director states or indicates to the purchaser as requiring the purchase of certain funeral supplies and services. 14.4(2) The information to be given under subsection (1) may be included on any contract, statement or other document that the funeral director would otherwise provide to the purchaser at the end of the discussions. M.R. 179/2009 Information disclosure by telephone or e-mail 14.5 A funeral director must provide the following information to a person who calls the funeral director, or contacts the funeral director by e-mail, about the supplies and services they offer: (a) any accurate information from the general price list that reasonably answers the person's question; and (b) any other information that reasonably answers the person's question and that is readily available to the funeral director. M.R. 179/2009 ; 25/2022 Additional information to be disclosed 14.6(1) Before the end of the first meeting with a person about funeral supplies and services the funeral director must provide the following: (a) information about the roles and responsibilities of the director; (b) information about the requirements under provincial, municipal and federal laws governing the business of a funeral director and the practice of embalming; (c) information about the process for complaints and hearings under the Act. 14.6(2) The director may prepare and publish a pamphlet containing the information referred to in subsection (1) to be distributed by funeral directors. M.R. 179/2009 ; 25/2022 Disclosures must be clear and understandable 14.7 A funeral director must make (a) all required written disclosures in a clear, understandable and conspicuous manner; and (b) all required oral disclosures in a clear and understandable manner. M.R. 179/2009 Information disclosure re agents 14.8(1) An agent must disclose the following information to purchasers, prospective purchasers and any person who requests it: (a) the information referred to in sections 14.1 to 14.6; (b) the fact that the person is an agent of the funeral director; (c) the funeral director's name and business address and telephone number. 14.8(2) An agent must make (a) all required written disclosures in a clear, understandable and conspicuous manner; and (b) all required oral disclosures in a clear and understandable manner. M.R. 179/2009 Repeal 15 Manitoba Revised Regulation E70-R1 is repealed. Transitional 16 Despite section 7, the director may issue a certificate of qualification to a student who graduates before June 30, 2013 from the training course as it existed before the coming into force of this section. M.R. 68/2012 ; 25/2022 SCHEDULE FEES The following are the fees in respect of the matters referred to in this schedule. 1. [Repealed] M.R. 68/2012 2. Application for certificate of qualification: 3. Licence: (a) Embalmer 4. Premises registration: 5. Agent: 6. Late fee: M.R. 19/96; 179/2009 ; 68/2012 ; 25/2022