Cemetery and Funeral Services Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cefregs.htm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Cemetery and Funeral Services Regulations
made under Section 28 of the

Cemetery and Funeral Services Act

R.S.N.S. 1989, c. 62

O.I.C. 84-156 (February 7, 1984), N.S. Reg. 16/84

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 76/2015

 

1     No person shall solicit another person to enter into an agreement respecting or offer forsale to or sell to another person

 

                (a)    a prearranged funeral plan;

 

                (b)    a pre-need cemetery plan; or

 

                (c)    a cemetery lot or the right to use a lot in a cemetery,

 

unless he is licensed as a seller or as a salesperson of a licensed seller.

 

2     No person shall be licensed as a seller unless

 

                (a)    he provides a copy of the last audited financial statement;

 

                (b)    he provides a list of persons employed or engaged by the seller;

 

                (c)    he provides a copy of all purchase agreements in use or intended to be used;

 

                (d)    he provides a bond in the amount specified in Regulation [Section] 12;

 

                (e)    he completes the application form prescribed by the Registrar;

 

                (f)    he pays the annual fee of $66.00;

Clause 2(f) amended: O.I.C. 2015-96, N.S. Reg. 76/2015.

 

                (g)    in the case of a seller of cemetery lots or the right to use a lot in the cemetery,he has submitted an irrevocable trust agreement for the care fund and it hasbeen approved by the Registrar;

 

                (h)    in the case of a seller of prearranged funeral plans or pre-need cemetery plans,he has submitted a copy of the agreement made between the applicant and achartered bank, loan or trust company respecting trust accounts; and

 

                (i)     in the case of a seller who is not a funeral home operator or a cemetery owner,he has submitted a copy of an agreement between the applicant and a funeralhome operator or a cemetery owner to provide the goods and services.

 

3     No person shall be licensed as a salesperson unless

 

                (a)    he is an individual, 19 years of age or older;

 

                (b)    he is a salesperson of a licensed seller;

 

                (c)    he completes the application form prescribed by the Registrar;

 

                (d)    he pays the annual fee of $33.00 and

Clause 3(d) amended: O.I.C. 2015-96, N.S. Reg. 76/2015.

 

                (e)    if required by the Registrar, he provides a bond.

 

4     No seller’s licence shall be renewed unless the seller

 

                (a)    files a report, prescribed by the Registrar, within three months immediatelyfollowing the end of the seller’s fiscal year, which has been completed by apublic accountant licensed under the Public Accountants Act and signed by theseller, that states that the seller has kept, in connection with the sale ofprearranged funeral plans, pre-need cemetery plans, or cemetery lots or therights to use a cemetery lot, the records and accounts required by the Act andregulations in respect of money or other valuable property received by him intrust from purchasers for and during the fiscal year;

 

                (b)    completes the renewal application prescribed by the Registrar;

 

                (c)    updates all information filed with the original application;

 

                (d)    pays the annual fee; and

 

                (e)    if required by the Registrar, provides additional information.

 

5     No salesperson’s licence shall be renewed unless the salesperson

 

                (a)    completes the renewal application prescribed by the Registrar;

 

                (b)    updates all information filed with the original application;

 

                (c)    pays the annual fee; and

 

                (d)    if required by the Registrar, provides a bond.

 

6     The Registrar may require at any time any further information or material to be submittedby any applicant or any licensed person within a specified time limit, and may require if heso desires verification by affidavit or otherwise of any information or material then orpreviously submitted.

 

7     The Registrar may refuse to licence or renew a licence where a person

 

                (a)    has violated any provision of the Act or regulations;

 

                (b)    has made a material misstatement in the application for his licence or in any ofthe information or material submitted by him to the Registrar;

 

                (c)    has been guilty of misrepresentation, fraud, or dishonesty; or

 

                (d)    has demonstrated that it is not in the public interest that he be licensed.

 

8     (1)    Every seller and salesperson shall, in all verbal or written communication regardingthe sale of prearranged funeral plans, pre-need cemetery plans and cemetery lots orthe right to use a lot, use the name under which he obtained his licence and identifyhis licence by the number it bears.

 

       (2)    A salesperson shall in addition give the name of the seller by whom he is engaged.

 

9     (1)    The transfer of the licence from one person to another is prohibited.

 

       (2)    The termination of the employment of a salesman with a licensed seller shall operateas a cancellation of the licence of such salesman until, upon receipt of applicationfrom such salesman, the Registrar reissues the licence.

 

10   (1)    The Registrar shall require an applicant for a licence or a renewal of a licence toprovide a bond before the licence will be issued or renewed.

 

       (2)    The Registrar may at any time require to be delivered a bond or such other collateralsecurity as he deems necessary.

 

11   (1)    Any bond required to be given under the Act or by the Registrar shall be in one ofthe following forms:

 

                (a)    surety bond;

 

                (b)    bond of guarantor; or

 

                (c)    such other form as the Registrar may from time to time specify.

 

       (2)    For purposes of these regulations

 

                (a)    a “surety bond” means a bond of a guarantee company which is a three partyundertaking naming a principal, obligee and surety under which the suretyagrees to indemnify the obligee against loss arising from the failure of theprincipal to comply with the provisions of the Act or the regulations madepursuant thereto;

 

                (b)    a “bond of a guarantor” means an instrument whereby a principal (personseeking bond coverage) and a guarantor (another person) jointly pledgecollateral security of a predetermined amount to the Province of Nova Scotiawhich may be forfeited in the event of any violation by the principal of theprovisions of the Act or the regulations made pursuant thereto;

 

                (c)    “collateral security” means negotiable securities such as stocks, bonds anddebentures that have a market value and can be sold providing they areproperly endorsed and are in bearer form.

 

       (3)    A bond of a guarantor shall in all instances be accompanied by collateral securityacceptable to the Registrar in an amount as prescribed by the Registrar.

 

       (4)    The collateral security referred to in subsection (3) shall be deposited with theMinister of Finance and Treasury Board and maintained at a market value of not lessthan that prescribed.

[Note: The reference to the Minister of Finance has been updated in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 22, 2013.]

 

12   The amount of the bond required to be given by an applicant shall be as follows:

 

                (a)    in the case of a seller of prearranged funeral plans or pre-need cemetery plans

 

                         (i)     where there are 1 to 30 plans..............................................$5000.00

 

                         (ii)    where there are 31 to 60 plans.........................................$10 000.00

Subclause 12(a)(ii) amended: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

                         (iii)   where there are 61 to 90 plans .......................................$15 000.00

 

                         (iv)   where there are more than 90 plans.................................$20 000.00

 

                (b)    in all other cases, the amount of the bond shall be at the discretion of theRegistrar.

 

13   (1)    Any bond delivered under this Act shall be forfeited upon the demand of theRegistrar where

 

                (a)    the person in respect of whose conduct the bond is conditioned or anyrepresentative, agent or salesman of that person has been convicted of

 

                         (i)     an offence under this Act or any regulation, or

 

                         (ii)    an offence involving fraud, theft or conspiracy to commit an offenceinvolving fraud; or theft under the Criminal Code (Canada);

 

or

 

                (b)    judgment in respect of a claim arising out of a prearranged funeral plan, a pre-need cemetery plan or the sale of lot in a cemetery or the right to use a lot hasbeen given against the person in respect of whose conduct the bond isconditioned or against any representative, agent or salesman of that person; or

 

                (c)    the person in respect of whose conduct the bond is conditioned commits an actof bankruptcy, whether or not proceedings have been taken under theBankruptcy Act (Canada); or

 

                (d)    a decision has been rendered by the Registrar in writing stating in effect thatafter consideration and investigation of a complaint, he is satisfied that theperson in respect of whose conduct the bond is conditioned or anyrepresentative, agent or salesman of that person

 

                         (i)     has violated any provision of this Act or has failed to comply with any ofthe terms, conditions or restrictions to which his licence is subject or is inbreach of contract, and

 

                         (ii)    has departed from Nova Scotia or been out of Nova Scotia, remains outof Nova Scotia or departs from his normal place of abode or otherwiseabsents himself or in the case of a corporation, the name thereof has beenstruck off the register of companies,

 

and such conviction or judgment, order or decision has become final by reason oflapse of time or having been confirmed by the highest court to which any appeal maybe taken.

 

       (2)    Notwithstanding the fact that Her Majesty the Queen in the right of Her Province ofNova Scotia has not suffered any loss or damages, every bond delivered to theRegistrar under this Act or regulations shall be construed as being a penal bond andwhere any such bond is forfeited pursuant to this Act the amount due and owing as adebt to Her Majesty the Queen in the right of Her Province of Nova Scotia by theperson bound thereby shall be determined as if Her Majesty suffered such loss ordamages as would entitle Her Majesty to be entitled to the maximum amount of theliability prescribed by the bond.

 

       (3)    For the purpose of every act and omission occurring during the period of licensing,every bond shall continue in force for a period of two years after the licence orrenewal thereof to which it relates lapses or is cancelled.

 

       (4)    Notwithstanding any other provision of this Act, the total liability of the insurerunder the bond shall not at any time exceed the face value of the bond.

 

       (5)    Where new bonds have been issued from time to time by the same guarantor partyon the expiry of previous bonds all such bonds shall be deemed to be one continuingbond and the maximum amount for which the guarantor party shall be liable shall bethe face value of the bond last issued upon expiry of a previous bond.

 

       (6)    Where a bond secured by the deposit of collateral security with the Registrar isforfeited under this Act, the Registrar may sell the collateral security at the currentmarket price.

 

14   Where a bond has been forfeited and the Registrar has not received notice in writing of anyclaim against the proceeds of the bond or such part as remains in his hands within twoyears of the forfeiture, the Registrar may pay the proceeds of the bond or the collateralsecurity or any part remaining, to any person who made a payment under the bond or whodeposited the collateral security, after first deducting the amount of any expenses that havebeen incurred in connection with any investigation or otherwise relating to the direct selleror salesman in respect of whose conduct the bond was conditioned.

Trust accounts

15   (1)    Every seller of prearranged funeral plans and pre-need cemetery plans shall maintaina separate account designated as a trust account in a chartered bank, loan or trustcompany in the Province, for each individual who has purchased a prearrangedfuneral plan or pre-need cemetery plan, in which shall be deposited all moneyreceived from the sale of the prearranged funeral plan or the pre-need cemetery plantogether with any income earned thereon and he shall at all times keep such moneyseparate and apart from money belonging to himself, and shall disburse such moniesonly in accordance with Section 15 of the Act.

 

       (2)    Every seller shall establish a trust ledger for their trust account and each month shallprepare and maintain in their trust ledger full details of money deposited and moneydisbursed for each pre-arranged funeral plan or pre-need cemetery plan, including allof the following:

 

                (a)    the name of the purchaser;

 

                (b)    the purchase agreement number of the plan;

 

                (c)    the number of beneficiaries covered by the plan;

 

                (d)    for money that is deposited,

 

                         (i)    the amount deposited,

 

                         (ii)    the date it is deposited,

 

                         (iii)   the names of all beneficiaries for whom it is deposited, and

 

                         (iv)   whether the amount deposited is a deposit in full, an initial installment [instalment] deposit, an installment [instalment] deposit or final deposit;

 

                (e)    for money, including interest, that is disbursed,

 

                         (i)     the amount disbursed,

 

                         (ii)    the date it is disbursed,

 

                         (iii)   to whom it is disbursed,

 

                         (iv)   the names of all beneficiaries for whom it is disbursed, and

 

                         (v)    whether the disbursement means that the contract is fulfilled, partiallyfulfilled or cancelled;

 

                (f)    the total amount of interest accrued during that month;

 

                (g)    the opening and closing trust account balances for the month.

Subsection 15(2) replaced: O.I.C. 2007-533, N.S. Reg. 401/2007.

Subsection 15(3) repealed: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

       (4)    Each month, every seller shall prepare and maintain a monthly bank reconciliation orreconciliations which correctly reconcile the statement or passbook figures of thedepository with the figures shown as on deposit in trust according to the seller’sbooks of account.

Subsection 15(4) amended: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

       (5)    Every seller shall keep all of the following for all of their trust accounts:

 

                (a)    duplicate deposit slips;

 

                (b)    cancelled cheques;

 

                (c)    bank statements or pass books;

 

                (d)    duplicates of proofs of deposits required by subsection (7);

 

                (e)    duplicates of semi-annual statements required by subsection (9);

 

                (f)    a copy of all pre-arranged funeral plan and pre-need cemetery plan purchaseagreements;

 

                (g)    trust ledgers.

Subsection 15(5) replaced: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

       (6)    Every seller shall deposit all monies received from the sale of prearranged funeralplans or pre-need cemetery plans within one week of receipt of such monies.

 

       (7)    Every seller shall ensure that a purchaser of a pre-arranged funeral plan or pre-needcemetery plan receives proof of deposit of the purchaser’s payment to a trust accountby the following deadlines:

 

                (a)    for a plan that is not being purchased by instalment payments, no later than 21days after the date the seller receives payment for the plan from the purchaser;

 

                (b)    for a plan that is being purchased by instalment payments, no later than 21 daysafter the date the seller receives the initial instalment payment from thepurchaser.

Subsection 15(7) added: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

       (8)    Proof of deposit is a record verified by the financial institution that states all of thefollowing:

 

                (a)    the name of the purchaser;

                (b)    the amount of the deposit;

                (c)    the date of the deposit.

Subsection 15(8) added: O.I.C. 2007-533, N.S. Reg. 401/2007.

 

       (9)    If a pre-arranged funeral plan or pre-need cemetery plan is purchased by instalmentpayments, the seller shall also give the purchaser proof of deposit at least semi-annually confirming deposit of all other payments received from the purchaser.

Subsection 15(9) added: O.I.C. 2007-533, N.S. Reg. 401/2007; O.I.C. 2008-120, N.S. Reg. 111/2008.

 

16   Pursuant to [sub]section 15(2) of the Act, the percentage which the seller of a prearrangedfuneral plan or a pre-need cemetery plan may retain on account of administrative expensesshall not exceed 10%.

Purchase agreements

16A(1)    A seller shall use sequentially numbered purchase agreements for pre-arrangedfuneral plan purchase agreements and pre-need cemetery plan purchase agreements.

 

       (2)    A purchase agreement shall contain the following words directly above thepurchaser’s signature, in bold type and no smaller than 10 pts in size:

 

By law, the seller of pre-arranged funeral plans or pre-need cemetery plans mustdeposit all the money you pay them, less any administrative expenses agreed to inthis purchase agreement, into a trust account at a financial institution. The seller mustalso ensure you are given written proof of the deposit no later than 21 days after theyreceive the money from you. If the seller has agreed to allow you to pay byinstalments, the seller must give you written proof of deposit of the first payment nolater than 21 days after they receive the payment, and must give you written proof atleast semi-annually confirming deposit of your other payments. If you do not receivethe required proof of deposit, please contact the seller and, if the matter continues tobe unresolved, please contact the office of the Registrar of Cemetery and FuneralServices (insert the current phone number for the Registrar).

Subsection 16A(2) replaced: O.I.C. 2008-120, N.S. Reg. 111/2008.

 

       (3)    A purchase agreement for a pre-arranged funeral plan shall be titled “PurchaseAgreement for Pre-Arranged Funeral Plan” and shall not be used for any otherpurpose.

Subsection 16A(3) added: O.I.C. 2008-120, N.S. Reg. 111/2008.

 

       (4)    A purchase agreement for a pre-need cemetery plan shall be titled “PurchaseAgreement for Pre-Need Cemetery Plan” and shall not be used for any otherpurpose.

Subsection 16A(4) added: O.I.C. 2008-120, N.S. Reg. 111/2008.

 

       (5)    A seller shall ensure that a purchase agreement for a pre-need cemetery plan or pre-arranged funeral plan contains all of the following:

 

                (a)    the name and address of the seller;

 

                (b)    the name and address of the purchaser;

 

                (c)    the name of the beneficiary of the plan if different from the purchaser;

 

                (d)    a description or itemization of the services and items included in the purchaseagreement and the price;

 

                (e)    the amount of the payment received by the seller specifying whether thebalance is paid in full or is to be paid by instalment and, if to be paid byinstalment, the agreed-upon schedule of instalment payments;

 

                (f)    the purchaser’s signature acknowledging receipt of a copy of the contract.

Subsection 16A(5) added: O.I.C. 2008-120, N.S. Reg. 111/2008.

 

       (6)    A seller shall retain copies of all of the following for at least 5 years after the date theagreement is fulfilled or cancelled:

 

                (a)    all fulfilled and cancelled purchase agreements for funeral and cemetery goodsand services;

 

                (b)    death certificates in the case of pre-arranged funeral plans and burialcertificates in the case of pre-need cemetery plans;

 

                (c)    cancellation and refund requests;

 

                (d)    cancelled cheques issued to purchasers for refunds or cancellations.

Subsection 16A(3) renumbered (6): O.I.C. 2008-120, N.S. Reg. 111/2008.

Section 16A added: O.I.C. 2007-533, N.S. Reg. 401/2007.

Records of merchandise purchased under purchase agreement

16B A seller who purchases funeral or cemetery merchandise before it is used in accordancewith a pre-arranged funeral plan or pre-need cemetery plan and removes funds from trustto purchase the merchandise shall keep the following records for the merchandise:

 

                (a)    an inventory of the merchandise purchased that

 

                         (i)     assigns each item to the purchase agreement for which it was purchased,and

 

                         (ii)    includes the following information for each item:

 

                                  (A)   the date of purchase,

                                  (B)   the names of all beneficiaries for whom the item is purchased,

                                  (C)   the purchase agreement number of the plan to which the item is

asigned,

                                  (D)   a description of the item purchased sufficient to identify the item,

                                  (E)   the address where the item is stored;

 

                (b)    in the file for the purchase agreement, all of the following:

 

                         (i)     the purchase invoice for each item,

 

                         (ii)    any request for release of funds from trust for an item.

Section 16B added: O.I.C. 2007-533, N.S. Reg. 401/2007; amended: O.I.C. 2008-120, N.S. Reg. 111/2008.

Report on records and accounts

16CThe report on records and accounts required by clause 4(a) shall confirm all of thefollowing:

 

                (a)    that money received for pre-arranged funeral plans and pre-need cemeteryplans has been disbursed only in accordance with the Act and theseregulations;

 

                (b)    that the seller has maintained the required monthly trust ledgers in accordancewith subsection 15(2);

 

                (c)    that the seller has reconciled the trust ledger to the bank records on a monthlybasis in accordance with subsection 15(4);

 

                (d)    that the seller has retained the documents required under subsection 15(5);

 

                (e)    that deposits of money received from the sale of pre-arranged funeral plans andpre-need cemetery plans have been made to the appropriate trust accounts nolater than one week after the money was received in accordance withsubsection 15(6);

 

                (f)    that purchasers have been provided with proof of deposit to the trust accountno later than 21 days after the seller received the money in accordance withsubsection 15(7);

 

                (g)    that purchasers who are paying by installment [instalment] payments have been providedwith their semi-annual statements in accordance with subsection 15(9);

 

                (h)    if the seller is required to maintain an inventory of merchandise, that the sellerhas maintained records showing assignment of the merchandise to individualpurchase agreements in accordance with Section 16B;

 

                (i)     the amount of money held in trust;

 

                (j)     for a cemetery that made deposits to the care fund and made withdrawals fromthe income of the care fund, that it did so in accordance with Section 24 of theAct and Sections 28 to 33 of these regulations;

 

                (k)    that the seller has retained the documents required under subsection 16A(3);

 

                (l)     any information required by the Registrar about the seller’s records andaccounts.

Section 16C added: O.I.C. 2007-533, N.S. Reg. 401/2007.

Cemeteries

17   (1)    The plan of a cemetery required to be filed by Section 21 of the Act shall be drawnto scale and shall show the location and dimensions of every lot, walk, fence, road,watercourse and building in the cemetery and the adjoining roads and compassbearings.

 

       (2)    Every plan of

 

                (a)    a cemetery that contains three or more acres of land or of an extension to anexisting cemetery that contains three or more acres of land; and

 

                (b)    a cemetery operated for gain or profit or an extension thereof,

 

shall be prepared by and the land shall be surveyed and subdivided by a Nova Scotialand surveyor or a professional engineer.

 

       (3)    No lot in a cemetery, nor the right to use a lot in a cemetery shall be sold unless thelot being sold is shown on the plan and the plan has been accepted for filing by theRegistrar.

 

       (4)    Subsection (3) shall not come into effect until June 1, 1984.

 

18   No operator shall charge an excessive amount for a disinterment.

 

19   An operator shall not refuse to install or refuse to permit the installation of any cemeterysupplies if the material and erection comply with the regulations of the cemetery.

 

20   Every operator shall file with the Minister a list of all by-laws, rules and regulations madeby him and any amendments thereof, and no by-law, rule or regulation shall have any forceor effect unless approved by the Minister.

 

21   The Minister may revoke any approval given by him under Section 20.

 

22   Every operator shall keep a register in which shall be entered

 

                (a)    the name and address of every owner of a lot; and

 

                (b)    every transfer of the ownership of a lot.

 

23   Every operator shall keep a separate register for public inspection in which shall beentered

 

                (a)    the name of every deceased person whose body is interred in the cemetery;

 

                (b)    the location of every body interred in the cemetery, mausoleum orcolumbarium;

 

                (c)    the date of the burial of every such body; and

 

                (d)    the particulars of every disinterment or removal of a body.

 

24   (1)    Every transfer of the ownership of a lot after the original sale shall be made by theregistered owner or his legal representative giving to the operator of the cemetery awritten notice containing a description of the lot, the date of the sale and the nameand address of the transferee.

 

       (2)    Upon receipt of the notice and payment of a fee not exceeding $2, the operator shallforthwith enter in the register kept in accordance with Section 22, the date of thetransfer and the name and address of the transferee.

 

25   No change in the ownership of a cemetery shall become effective until written noticethereof has been given to the Registrar and the change has been approved by the Minister.

 

26   Every operator shall at the request of the Registrar furnish such information as theMinister requires in respect of the cemetery and the care and management thereof.

 

27   (1)    Whenever it is desirable to discontinue the operation of a cemetery, in which humanbodies or human remains have been buried, the operator shall take adequate steps toensure that the cemetery will be maintained in a decent manner which will not createan offence or public health nuisance.

 

       (2)    In the case of a cemetery which was operated by an organization other than amunicipality, the organization which operated the cemetery may enter into a contractor agreement with the municipality in which the cemetery is located or with amunicipality served by the cemetery, such that the municipality contracts or agrees toprovide adequate maintenance for the cemetery. In such case, the responsibility ofthe municipality will be the same as though the cemetery were municipally operated.

 

27AIf the circumstances described in subsection 27C(4) of the Act exist, requiring furtherarrangement for carrying on the operation of a cemetery, the Minister may re-appoint anadministrator, or appoint a different administrator, for subsequent terms of up to 1 year.

Section 27A added: O.I.C. 2007-197, N.S. Reg. 206/2007.

Care fund

28   Every operator shall deduct from the money received from the sale of a cemetery lot or theright to use a lot in a cemetery, and set aside in the care fund at least fifteen percent of themoney received, or fifty dollars, whichever is the larger amount.

 

29   (1)    The care fund shall be held and administered by a trustee approved by the Registrarin accordance with an irrevocable trust agreement approved by the Registrar.

 

       (2)    An operator shall submit to the Registrar for approval a copy of the trust agreementwhich the operator intends to use and the Registrar shall advise the operator within30 days whether the trust agreement has been approved or not approved.

 

30   Every trustee shall

 

                (a)    receive money deposited by the operator and invest funds in the trust insecurities as directed by the terms of the trust agreement or, in default of adirection, in securities in which it may by law as a trustee invest trust money;

 

                (b)    maintain a record of money received for deposit to the care fund, securitiesbought and sold, and income earned on the investments;

 

                (c)    after deducting the amount allowed under Section 32 or 33, advise the operatorof the net income for the year available for the care and maintenance of thecemetery; and

 

                (d)    except as otherwise provided in Section 31, from the net income available paythe operator up to the amount he has spent for care and maintenance duringthat year, as evidenced by a certificate from the operator.

 

31   (1)    Where the operator in any year

 

                (a)    does not withdraw any or all of the income to which he is entitled; or

 

                (b)    the income available is in excess of the amount covered by the certificate forthe particular year,

 

the trustee shall hold and reinvest the balance which, together with the income itearns, shall be available to the operator under the same conditions as in subsection[clause] (d) of Section 30 for care and maintenance in future years when required.

 

       (2)    Nothing shall prevent the operator from depositing all or part of the balance and theincome earned to the principal of the care fund.

 

       (3)    The trustee shall not be held liable for any payments to the operator from the incomeof the care fund in compliance with a certificate for care and maintenance performed.

 

       (4)    Any amendment to the trust agreement, including a change in the trustee of the carefund, shall not take effect until the amendment is filed with and approved by theRegistrar.

 

32   Subject to Section 33, an authorized trustee may, as remuneration for his services, in eachyear deduct and retain, from the income received, other than capital income, in that year onbehalf of an owner, a portion thereof not exceeding an amount equal to five percent of thatincome of the fund.

 

33   Notwithstanding Section 32, in any year that the remuneration to which an authorizedtrustee is entitled under a contract with an owner in force on the coming into force of this[these] regulation[s], is less than the remuneration that that authorized trustee may deductunder Section 32, the authorized trustee shall deduct only the amount to which he isentitled under the contract.