The Funeral Directors and Embalmers Act

The Funeral Directors and Embalmers Act, C.C.S.M. c. F195 bilingual version (HTML) Table of Contents Section 1 Definitions 2-7 Repealed 8 Licence required 9 Renewals and expiry date 10 Permits to persons without certificate 11 Certificate of qualification 12 Disciplinary actions by director 12.1 Failure to pay 13 Refusal to grant certificate, licence or permit 14 Reissue of certificate of qualification 15 Inspections 15.0.1 Warrant for search and seizure 15.0.2 Registration of premises 15.1 Director to make information available to public 16 Approved schools 16.1 Code of ethics 16.2 Requirement to disclose information 16.3 Court-ordered compliance 16.4 Service of documents 17 Regulations 18 Repealed 19 No payment or sales unless registered 20 Offences and penalties 21 Repealed 22 Exemption from liability 23 C.C.S.M. reference HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "certificate of qualification" means a certificate of qualification issued under this Act; (« certificat de compétence ») "director" means the director of the Consumer Protection Office designated under The Consumer Protection Act , and includes a deputy of the director; (« directeur ») "embalming" means the preservation of part or all of a dead human body by the use of chemical substances, fluid or gases, ordinarily used, prepared or intended for such purposes, either by the outward application of such chemical substances, fluids, or gases on the body, or by the introduction thereof into the body by vascular or hypodermic injection or by direct application into the organs or cavities, and "embalm" has a corresponding meaning; (« embaumement ») "funeral director" means a person who operates, for themselves or for another individual, partnership, firm or corporation, a business for the purpose of providing funeral supplies and services to the public; (« entrepreneur de pompes funèbres ») "inspector" means a person appointed as an inspector under subsection 15(1); (« inspecteur ») "licence" means a licence issued under this Act; (« licence ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "permit" means a permit issued under this Act; (« permis ») "prescribed" means prescribed by regulation under this Act; (Version anglaise seulement) "register" means the register kept by the director. (« registre ») S.M. 2010, c. 33, s. 21 ; S.M. 2011, c. 29, s. 5 ; S.M. 2012, c. 40, s. 23 ; S.M. 2021, c. 61, s. 46 . 2 [Repealed] S.M. 2008, c. 26, s. 15 ; S.M. 2010, c. 33, s. 21 ; S.M. 2011, c. 29, s. 6 ; S.M. 2015, c. 43, s. 51 ; S.M. 2021, c. 61, s. 47 . 3 [Repealed] S.M. 2021, c. 61, s. 47 . 4 [Repealed] S.M. 2008, c. 26, s. 3 and 15; S.M. 2021, c. 61, s. 47 . 5 and 6 [Repealed] S.M. 2008, c. 26, s. 15 ; S.M. 2021, c. 61, s. 47 . 7 [Repealed] S.M. 2001, c. 39, s. 31 ; S.M. 2008, c. 26, s. 4 and 15; S.M. 2010, c. 33, s. 21 ; S.M. 2011, c. 29, s. 7 ; S.M. 2021, c. 61, s. 47 . Funeral director's licence required 8(1) A person must not hold themselves out to be a funeral director unless the person is a licensed funeral director or the holder of a permit. Embalmer's licence or permit required 8(2) A person must not embalm a dead human body unless the person is a licensed embalmer or the holder of a permit. Exception 8(3) Subsection (2) does not apply (a) to a student working under the direct supervision of a licensed embalmer; and (b) to a student of, or a qualified person employed in, or authorized by, a recognized school of medicine. S.M. 2012, c. 40, s. 23 ; S.M. 2021, c. 61, s. 48 . Licence renewals 9(1) The director may issue a funeral director's licence or an embalmer's licence and any renewal thereof to a person who (a) is the holder of a certificate of qualification; (b) is not less than 18 years of age; (c) has complied with the requirements of the regulations; and (d) pays any fee prescribed by the regulations. When licence expires 9(2) A licence or renewal of a licence issued under this Act expires on a date specified in the regulations. S.M. 2011, c. 29, s. 8 ; S.M. 2021, c. 61, s. 49 . Permits 10(1) For the purpose of serving the public in sparsely settled areas of Manitoba, the director may issue a permit to a person who is not the holder of a certificate of qualification. Terms and conditions 10(2) Notwithstanding section 8, a permit may be issued upon such terms, and subject to such conditions, as the director may prescribe, authorizing the person therein named to perform the services or do the acts therein described. Expiration 10(3) Every permit expires on December 31 next following the date thereof or upon an earlier date as the director may determine. S.M. 2021, c. 61, s. 50 . Certificate of qualification 11(1) The director may issue a certificate of qualification to a person who (a) makes application in the manner approved by the director; (b) pays the prescribed fee; (c) meets the prescribed eligibility requirements, or has the prescribed experience, for being issued the certificate; and (d) satisfies the director that they are a fit and proper person to hold the certificate. Labour mobility 11(1.1) The director must issue a certificate of qualification to an individual who makes an application, pays the prescribed fee and who is entitled to such a certificate by virtue of the director's obligations under The Labour Mobility Act . Special training 11(2) Notwithstanding anything in this section, the director may grant or issue a certificate of qualification to a person who applies therefor and who has had special training or experience as a funeral director or embalmer either in or outside Manitoba. S.M. 2011, c. 29, s. 9 ; S.M. 2012, c. 40, s. 23 ; S.M. 2021, c. 61, s. 51 . Disciplinary actions by director 12(1) The director may, for any prescribed cause, (a) in respect of the holder of a licence or permit, do one or more of the following: (i) cancel the holder's licence or permit, (ii) suspend the holder's licence or permit, (iii) issue a reprimand to the holder, (iv) order the holder to pay to the government a monetary penalty of not more than $10,000; or (b) in respect of the holder of a certificate of qualification, revoke the certificate. 12(1.1) [Repealed] S.M. 2021, c. 61, s. 52 . Imposing conditions on a licence 12(1.2) The director may, when taking any action under subclauses (1)⁠(a)⁠(ii) to (iv), impose conditions in accordance with the regulations on the holder's licence or permit for the period determined by the director. 12(2) [Repealed] S.M. 2021, c. 61, s. 52 . Hearing 12(3) Before taking an action under subsection (1), the director must notify the holder in writing that the director intends to take the action. The director must also provide the director's reasons for doing so and give the holder an opportunity to present evidence and make representations to the director at a hearing. Temporary suspension to protect public 12(3.1) Despite subsection (3), if the director considers that the immediate suspension of a holder's licence or permit is necessary to protect the public, the director may temporarily suspend the holder's licence or permit. Duration of temporary suspension 12(3.2) A temporary suspension is effective on written notice being given to the holder and remains in effect until notice of a final decision is given to the holder under subsection (3.3). Written decision 12(3.3) Within 60 days after a hearing is completed, the director must (a) make a written decision on the matter, consisting of a statement of the decision made and the reasons for it; and (b) give a copy of the decision to the holder. Content of decision 12(3.4) In making a decision, the director may do the following: (a) in respect of a holder of a licence or permit, (i) take any of the actions under clause (1)⁠(a), and (ii) impose conditions on the holder's licence or permit for the period determined by the director; (b) in respect of a holder of a certificate of qualification, revoke the certificate. Effect of director's decision 12(3.5) A decision of the director takes effect on the date that a copy of the decision is given to the holder, or on the date specified in the decision, whichever is later. 12(4) to (4.2) [Repealed] S.M. 2021, c. 61, s. 52 . Appeal 12(5) Any person who has been issued a reprimand or ordered to pay a monetary penalty or whose certificate of qualification has been revoked or whose permit or licence has been suspended or cancelled under this Act may, within 30 days after receipt of notice in writing of the decision of the director, apply to a judge of the Court of King's Bench; and the judge may review the decision of the director, and may make such orders, and give such directions, as the judge considers proper, and the decision is final. Publication of information 12(6) The director may publish (a) the name of the holder of a certificate of qualification, licence or permit in respect of whom a decision is made under this section; and (b) the circumstances relevant to the findings and decision. S.M. 2008, c. 26, s. 5 ; S.M. 2011, c. 29, s. 10 ; S.M. 2021, c. 61, s. 52 . Failure to pay 12.1(1) If a person is ordered to pay a monetary penalty and fails to do so within the time ordered, the director may suspend the person's licence or permit until the payment is made without a hearing under section 12. Filing an order 12.1(2) The director may file an order to pay a monetary penalty in the Court of King's Bench, and once filed, the order may be enforced in the same manner as a judgment of the court. S.M. 2008, c. 26, s. 6 ; S.M. 2021, c. 61, s. 53 . Refusal to grant certificate, licence or permit 13(1) The director may, after a hearing, refuse to grant a certificate of qualification, licence or permit for any of the reasons that the certificate, licence, or permit, if granted, could be revoked or cancelled. Appeal 13(2) Subsection 12(5) applies with such changes as the circumstances require in a case where, under subsection (1), the director has refused to grant a certificate of qualification, licence or permit to a person applying therefor. S.M. 2008, c. 26, s. 7 ; S.M. 2021, c. 61, s. 54 . Reissue of certificate of qualification 14 If a person's certificate of qualification has been revoked, the director may reissue such a certificate to the person if the person (a) satisfies the director that they are a fit and proper person to hold the certificate; and (b) pays the prescribed fees. S.M. 2011, c. 29, s. 11 ; S.M. 2021, c. 61, s. 55 . Appointment of inspector 15(1) The director may appoint any person as an inspector for the purpose of this Act. Inspections 15(2) An inspector may, at any reasonable time and where reasonably required to administer or determine compliance with this Act or the regulations, (a) enter and inspect any premises; (b) inspect, audit or examine any record, document or other thing or the provision of services on the premises being inspected; (c) make copies or take photographs of any record, document or other thing referred to in clause (b), or remove it for the purpose of making copies or taking photographs; and (d) require any person to produce for inspection or copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act. Entry into dwelling with consent 15(3) An inspector must not enter a dwelling under subsection (2) without the permission of an adult resident of that dwelling. Removing and returning items 15(4) When an inspector removes any record or thing under clause (2)⁠(c), the inspector must (a) give a receipt for the items taken to the person they were taken from; and (b) as soon as practicable, return the items to the person or place from which they were removed. Warrant for entry into dwelling 15(5) On application by an inspector, a justice may at any time issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling under this section, if the justice is satisfied that (a) there are reasonable grounds to believe that entry to the dwelling is necessary for the purpose of conducting an inspection; and (b) entry has been refused or there are reasonable grounds to believe that entry will be refused. Assistance to inspector 15(6) The owner or person in charge of premises referred to in subsection (2) and every person found on the premises shall give the inspector all reasonable assistance to enable the inspector to carry out their duties and shall give the inspector any information the inspector reasonably requires. Identification 15(7) An inspector carrying out an inspection under this Act must show their identification if requested to do so. S.M. 2010, c. 33, s. 21 ; S.M. 2011, c. 29, s. 12 ; S.M. 2021, c. 61, s. 56 . Warrant for search and seizure 15.0.1(1) A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that (a) an offence under this Act is being or has been committed; and (b) there is to be found on any premises any thing that will afford evidence of the offence; may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law. Power without warrant 15.0.1(2) Despite subsection (1), an inspector may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one. S.M. 2011, c. 29, s. 13 . Registration of premises 15.0.2 The director may require the owner of a business that offers the services of an embalmer or a funeral director or both, (a) to register with the director, the name and licence number of the funeral director who is responsible for the conduct of the business; and (b) to register with the director the address of each building from which the business is conducted; and (c) to pay to the director such fee for each registered address as may be prescribed by the regulations. S.M. 2011, c. 29, s. 12 ; S.M. 2021, c. 61, s. 57 . Director to make information available to public 15.1 The director must make available to the public the name of every licensed funeral director, licensed embalmer and holder of a permit or certificate of qualification issued under this Act, and any other information specified in the regulations. S.M. 2008, c. 26, s. 8 ; S.M. 2021, c. 61, s. 58 . Approved schools 16 The director may approve a school or college that provides instruction in embalming and general preparation for and burial of the dead human body if the director is satisfied that the school or college meets the prescribed standards. S.M. 2021, c. 61, s. 59 . Code of ethics 16.1(1) The minister, in consultation with the director and any other persons the minister considers necessary, must prepare and publish a code of ethics for funeral directors and embalmers that includes standards of conduct pertaining to the business of being a funeral director and the practice of embalming. Complying with code of ethics 16.1(2) A holder of a licence, permit or certificate of qualification must comply with the code of ethics. S.M. 2008, c. 26, s. 9 ; S.M. 2021, c. 61, s. 60 . Requirement to disclose information 16.2(1) A funeral director, or a person acting for or on behalf of a funeral director, who sells, offers for sale, or negotiates a sale of any of the supplies or services provided by the funeral director must disclose information about those supplies and services to the purchaser or a prospective purchaser, or to any other person requesting it, in accordance with this section and the regulations. Time to disclose information 16.2(2) The funeral director or person acting for or on behalf of a funeral director must disclose the information specified in the regulations before the earliest of the following occurs: (a) any supplies or services are provided by the funeral director; (b) the purchaser makes a payment in connection with the provision of the supply or service; (c) the purchaser enters into the sale. S.M. 2008, c. 26, s. 9 . Court-ordered compliance 16.3 If it appears to the director that a person is not complying with this Act or the regulations, the director may apply to the Court of King's Bench for an order directing the person to comply, and the court may make any order it considers appropriate. S.M. 2011, c. 29, s. 14 ; S.M. 2021, c. 61, s. 61 . Service of documents 16.4(1) A notice, order or other document under this Act is sufficiently given or served if it is (a) delivered personally; or (b) sent by registered mail, fax, e-mail or any other method by which the sender can obtain confirmation of delivery to the intended recipient. Deemed receipt 16.4(2) A notice, order or other document sent by registered mail or other method that provides confirmation of delivery is deemed to be given or served five days after the day it was sent. S.M. 2021, c. 61, s. 62 . Regulations 17 The Lieutenant Governor in Council may make regulations (a) prescribing the equipment, facilities and other requirements for approved schools or colleges; (b) prescribing the requirements for admission to approved schools or colleges; (c) prescribing the courses of training and instruction for students; (d) [repealed] S.M. 2012, c. 40, s. 23 ; (e) providing for the registration of students with the director; (f) providing for the examinations of candidates for certificates of qualification; (g) [repealed] S.M. 2021, c. 61, s. 63 ; (g.1) respecting eligibility or experience requirements, or both, for being issued a certificate of qualification; (g.2) respecting continuing education requirements for renewing a licence; (h) respecting special courses of training and instruction for holders of certificates of qualification and requiring holders of certificates of qualification to take all or any of such courses; (i) providing for the issue of certificates of qualification, and the issue and renewal of licences and permits; (i.1) governing the duration of licences and permits; (j) prescribing fees and requiring the payment of fees, including but not limited to fees to be paid (i) by students and applicants for a certificate of qualification or a licence or permit, and (ii) in respect of any matter specified in the regulations; (k) prescribing minimum standards for the premises, accommodation, and equipment of funeral directors and providing for the inspection and approval thereof; (l) governing the premises where dead human bodies may be embalmed and the methods and materials that may be used; (m) governing the imposition of conditions on licences or permits; (m.1) specifying rules of practice and procedure, including time limits and rules of evidence, for the purpose of a hearing under section 12; (n) respecting the records to be kept by licensed funeral directors and embalmers and by the director, including, but not limited to, the form and content of records, the manner in which they must be kept and the length of time they must be retained; (o) [repealed] S.M. 2011, c. 29, s. 15 ; (p) [repealed] S.M. 2021, c. 61, s. 63 ; (q) respecting the registration of persons under section 19 and prescribing the fees for registration; (q.1) for the purpose of section 15.1, specifying information that the director must make available to the public; (q.2) for the purpose of section 16.2, specifying information that must be disclosed, requiring disclosure at times in addition to the time that is determined under subsection 16.2(2), and respecting the form and manner in which the information is to be disclosed; (q.3) prescribing anything referred to in this Act as being prescribed; (r) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. S.M. 2008, c. 26, s. 10 ; S.M. 2011, c. 29, s. 15 ; S.M. 2012, c. 40, s. 23 ; S.M. 2021, c. 61, s. 63 . 18 [Repealed] S.M. 2004, c. 42, s. 24 ; S.M. 2008, c. 26, s. 11 ; S.M. 2021, c. 61, s. 64 . No payment unless registered 19(1) A funeral director shall not pay a fee, commission, or any other remuneration to any person who either directly or indirectly, for or on behalf of the funeral director, sells or offers for sale, or attempts to offer for sale, or negotiates a sale of any of the supplies or services provided by the funeral director, unless (a) the funeral director registers the name of that person with the director and pays the prescribed registration fee; and (b) the person complies with the information disclosure requirements in section 16.2 and the regulations. No sales unless registered 19(2) No person shall, either directly or indirectly, for compensation, reward, profit or promise or hope thereof, for and on behalf of a funeral director, sell, offer for sale, attempt to offer for sale or negotiate a sale of any of the supplies or services provided by the funeral director, unless the person is registered with the director and complies with the information disclosure requirements in section 16.2 and the regulations. Non-application of section 19(3) This section does not apply to a person who is a regular and full time employee of a funeral director. S.M. 2008, c. 26, s. 12 ; S.M. 2021, c. 61, s. 65 . Offences and penalties 20(1) Every person who (a) contravenes any of the provisions of this Act or the regulations; or (b) not being a holder of an embalmer's licence, holds themselves out as an embalmer or uses any sign, letters, words, or abbreviations implying that they are an embalmer; or (c) not being the holder of a funeral director's licence, holds themselves out as a funeral director or uses any sign, letters, words, or abbreviation implying that they are a funeral director; is guilty of an offence and is liable, on summary conviction, to (d) a fine of (i) not more than $10,000 for a first offence, and (ii) not more than $50,000 for each subsequent offence; or (e) imprisonment for a term of not more than one year; or (f) both a fine and imprisonment. Corporation 20(2) Where a corporation is guilty of an offence under this Act, any officer, director, or agent of the corporation who directed, authorized, assented to, acquiesced, or participated in the commission of the offences is a party to, and guilty of, the offence and is subject to the penalties prescribed under subsection (1). S.M. 2008, c. 26, s. 13 ; S.M. 2021, c. 61, s. 66 . 21 [Repealed] S.M. 2021, c. 61, s. 67 . Exemption from liability 22 No action lies, or shall be instituted, against the minister or the director, or any person acting on behalf of or under the direction of either of them, to recover any loss or damages alleged to have been suffered as a consequence of any act or omission in connection with the administration of this Act, The Cemeteries Act , The Prearranged Funeral Services Act or the regulations under those Acts. S.M. 2013, c. 54, s. 38 ; S.M. 2021, c. 61, s. 68 . C.C.S.M. reference 23 This Act may be referred to as chapter F195 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2008, c. 26, s. 14 .