Funeral Directors Regulation

Funeral Directors Regulation, M.R. 388/87 R The Prearranged Funeral Services Act , C.C.S.M. c. F200 Regulation 388/87 R Registered November 13, 1987 bilingual version (HTML) Table of Contents Section 1 Fee for initial licence 2 Information required 3 Application for licence 4 Alterations prohibited 5 Authorized trustees 6 Sale or rental of plots or other space 7 Annual report 8 Payment to trustee 9 Transfer of funds 10 Inspection of records Schedule A Repealed B Authorized trustees 1(1) [Repealed] M.R. 27/2022 Fee for initial licence 1(2) The fee for an annual licence to provide funeral services under a prearranged funeral plan, other than a renewal of a licence, is $500. 1(3) and (4) [Repealed] M.R. 27/2022 Renewal fee 1(5) The annual fee for a renewal of a licence is based on the number of active prearranged funeral plans for the previous calendar year as set out in the report by the funeral director submitted pursuant to section 7, as follows: (a) for up to 100 plans Information required 2 Before making an application for a licence to provide funeral services under a prearranged funeral plan, a funeral director shall submit to the director (a) a copy of any form of contract that the funeral director proposes to use, under which the funeral director undertakes to provide, or make provision for the funeral services of another person under a prearranged funeral plan; (b) a schedule of the respective costs to the purchaser of various prearranged funeral plans, and a description of the type of casket and services provided under each such prearranged funeral plan; and (c) a copy of the agreement with an authorized trustee respecting the payment, deposit, and investment and management, of moneys paid under prearranged funeral plans. M.R. 27/2022 Application for licence 3(1) An application for a licence to provide funeral services under a prearranged funeral plan shall be in writing, shall set out (a) the name and address of the applicant; (b) the name under which the applicant carries on business as a funeral director; and (c) if the applicant is a company, the names of the chief officer of the company and of the manager or its chief officer in Manitoba; and shall be accompanied by a declaration or affirmation of the applicant, or if the applicant is a corporation, of the chief officer of the corporation, stating that no alteration or variation has been made (d) in the form of contract submitted under section 2; or (e) in the costs or the type of casket or services provided under prearranged funeral plans as set out in the schedule submitted under section 2; without the approval of the director, since those forms and that schedule were submitted. Surety bond required 3(2) An applicant for a licence shall, with the application, file with the director a surety bond of a bonding company authorized to carry on business in Manitoba, in the amount of $1,000. in the name of the Crown, and enuring to the benefit of persons entering into prearranged funeral plans with the applicant. M.R. 27/2022 Alterations prohibited 4(1) A licensee shall not alter or vary a form of contract submitted under section 2 unless they have obtained the approval of the director for the alteration or variation. 4(2) A licensee shall not alter or vary the cost or the type of casket and services provided under a prearranged funeral plan as set out in the schedule submitted under section 2 unless the licensee has in writing notified the director of the alteration or variation and has received a written acknowledgement from the director advising the licensee that it has received the notification of the alteration or variation. 4(3) A licensee shall not alter or vary the agreement with an authorized trustee submitted under section 2 unless the licensee has obtained approval from the director for the alteration or variation. M.R. 27/2022 Authorized trustees 5 Each of the trust companies named in Schedule B is designated an authorized trustee under the Act. Sale or rental of plots or other space 6 Where a person agreeing to provide funeral services under a prearranged funeral plan, by the same agreement or a collateral agreement, made at or about the same time, agrees to sell, lease, or rent, a lot, plot, compartment or other space in a cemetery, columbarium, or mausoleum with or without a casket, container or vase or other goods or materials, subsection 5(1) of the Act applies to not less than two-thirds of the moneys payable under the agreement or agreements by the purchaser. M.R. 27/2022 Annual report 7 Each licensee shall make a report to the director, not later than March 1 in each year, in respect of the calendar year immediately preceding that date, or at such other times as the director may require with respect to such period as the director may specify, and each such report shall contain (a) the name of each person who has purchased a prearranged funeral services plan in that period; (b) the total cost to the purchaser of each prearranged funeral plan purchased in that period; (c) the method of payment of each such prearranged funeral plan; (d) the portion of the total cost that was paid by each purchaser at the time of purchase; (e) the amount, date, and payer of every payment made toward prearranged funeral plans during that period; (f) the amount, date, and payee of every withdrawal from a prearranged funeral plan made in that period; (g) the amount paid, and the payee of the amount paid in respect of, and the date of, each cancellation of a prearranged funeral plan in that period; (h) the amount assigned, the name of the purchaser of the plan, and the name of the person to whom the assignment was made, in the case of each assignment of a prearranged funeral plan in that period; (i) the dates on which moneys received by the licensee in respect of prearranged funeral plans were paid to the authorized trustee, and the amounts paid on those dates, and the names of the purchasers of the plans in respect of which the moneys were paid; and (j) a statement from the authorized trustee showing the amounts of the moneys paid to the authorized trustee by the licensee, and the dates when they were paid, and the amounts of the moneys held by the authorized trustee in respect of prearranged funeral plans with the licensee that were paid out, transferred, or assigned, and the dates when they were so paid out, transferred, or assigned, and the person to whom those payments were made, or in favour of whom the transfer or assignment was made. M.R. 27/2022 Payment to trustee 8 A licensee shall pay money received under a prearranged funeral plan to an authorized trustee within 30 days of the end of the calendar month in which the money is received by the licensee or the agent of the licensee. Transfer of funds 9 Where, consequent upon the assignment of a prearranged funeral plan or cancellation of a licence, funds are transferred from one account to another, the authorized trustee may charge $5. or 2 1/2% of the amount transferred, whichever amount is greater. Inspection of records 10 A licensee shall, at all reasonable times, permit an authorized representative of the director to inspect the licensee's business records. M.R. 27/2022 SCHEDULE A [Repealed] M.R. 101/97; 111/2006 ; 27/2022 SCHEDULE B (section 5) The Bank of Nova Scotia Trust Company BMO Trust Company The Canada Trust Company Canadian Western Trust Company CIBC Trust Corporation Concentra Trust Legacy Private Trust National Trust Company The Royal Trust Company Royal Trust Corporation of Canada M.R. 218/89; 179/92; 73/94; 224/94; 69/97; 202/98; 72/2001 ; 111/2006 ; 108/2023