Embalmers and Funeral Directors Regulations

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

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Embalmers and Funeral Directors Regulations
made under Section 33 of the

Embalmers and Funeral Directors Act

R.S.N.S. 1989, c. 144

O.I.C. 83-1131 (October 4, 1983, effective October 5, 1983), N.S. Reg. 215/83

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 97/2015

 

1     (1)    The Registrar shall, on behalf of the Board of Registration of Embalmers andFuneral Directors, administer the issuing of licences for embalmers, apprenticeembalmers and funeral directors.

 

       (2)    Every application for a licence shall be in writing, in the form prescribed and shall beaccompanied by such information as the Board may require.

 

2     (1)    The Board may from time to time provide, prescribe, or approve courses ofinstruction of such duration as it may deem necessary or expedient.

 

       (2)    Any person registered as an apprentice embalmer prior to the 1st of March 1990,may complete an apprenticeship under a licensed embalmer approved by the Board.

 

       (3)    Effective the 1st day of March 1990, a person applying for an apprentice embalmer'slicence shall have completed the approved course of study in embalming and funeralservices at the Kingstec Campus of the Nova Scotia Community College, or beenrolled in the Funeral and Allied Health Services Program Apprenticeship Model ofthe approved course of study in embalming and funeral services offered by theKingstec Campus of the Nova Scotia Community College.

Section 2 replaced: O.I.C. 90-258, N.S. Reg. 90/90; amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

3     (1)    Subject to Section 16 of the Act, where a person is a registered apprentice funeraldirector prior to the 1st day of March 1990, the requirements for a funeral director'slicence shall be

 

                (a)    an apprenticeship under the supervision of a licensed funeral director for aperiod of not less than six (6) months; and

 

                (b)    achieving a passing grade of at least 75 percent of the examination set by theBoard for admission to practice as a funeral director.

Clause 3(1)(b) amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (2)    Effective the 1st day of March 1990, the requirements for a funeral director's licenceshall be

 

                (a)    an apprenticeship under the supervision of a licensed funeral director for aperiod of not less than twelve (12) months; and

 

                (b)    achieving a passing grade of at least 75 percent on the examination set by theBoard for admission to practice as a funeral director.

Clause 3(2)(b) amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (3)    Where a person has completed the approved course in embalming and funeralservices at the Kingstec Campus of the Nova Scotia Community College, suchperson is deemed to have completed six (6) months of the apprenticeship periodrequired in clause (a) of subsection (2).

 

       (3A) A person who has completed the Funeral and Allied Health Services ProgramApprenticeship Model of the approved course in embalming and funeral services atthe Kingstec Campus of the Nova Scotia Community College is deemed to havecompleted the apprenticeship period required in clause (a) of subsection (2).

Subsection 3(3A) added: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (4)    Where a person has completed a course in funeral directing in another jurisdiction,upon the approval of the Board, such person is deemed to have completed six (6)months of the apprenticeship period required in clause (a) of subsection (2).

 

       (5)    An applicant who holds or held within the last 24 months a funeral director’s licenceissued by another jurisdiction shall

 

                (a)    provide proof of the licence;

 

                (b)    pay the licence fee; and

 

                (c)    pass an examination set by the Board on Nova Scotia legislation relating to theperformance of funeral services, the burial, cremation or other disposition ofhuman remains and the sale of pre-arranged funeral plans

 

before being issued a funeral director's licence.

Subsection 3(5) replaced: O.I.C. 1999-264, N.S. Reg. 57/99.

 

       (6)    Where a person has previously held a Nova Scotia funeral director's licence, whichhas lapsed for more than twenty-four (24) months immediately preceding the date ofapplication for a licence, such person will be deemed to have completed the twelve(12) month apprenticeship, upon achieving a passing grade of at least 75 percent onthe examination set by the Board for admission to practice as a funeral director.

Subsection 3(6) amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (7)    Where a person has previously held a Nova Scotia funeral director's licence whichhas lapsed for not more than twenty-four (24) months immediately preceding thedate of application for a licence, such person shall be deemed to have completed therequirements of subsection (2) and upon payment of the appropriate licence fee, andwith the approval of the Board, shall be reinstated as a licensed funeral director.

Section 3 replaced: O.I.C. 90-258, N.S. Reg. 90/90.

Section 4 repealed: O.I.C. 90-258, N.S. Reg. 90/90.

 

5     (1)    Subject to Section 18 of the Act, no person shall be licensed as an apprenticeembalmer unless he has attained Grade XI standing or its equivalent as certified bythe Department of Education and Early Childhood Development of the Province ofNova Scotia.

[Note: The reference to the Department of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

       (2)    Every application for an apprentice embalmer's licence shall be in writing in the formprescribed by the Board and be accompanied by such information as the Board mayrequire.

 

       (3)    Every person applying for an apprentice embalmer's licence shall enter into anApprenticeship Agreement, in the form prescribed by the Board, with a licensedembalmer who has been approved by the Board.

 

       (4)    A copy of the executed Agreement shall be forwarded to the Registrar by theapplicant.

 

5A  (1)    Effective the 1st day of March 1990, a person making application for an apprenticeembalmer's licence shall have completed the approved course of study in embalmingand funeral services at the Kingstec Campus of the Nova Scotia CommunityCollege.

 

       (2)    A person applying for admittance to the approved course of study at the KingstecCampus of the Nova Scotia Community College shall have

 

                (a)    completed Grade XII or its equivalent as certified by the Department ofEducation and Early Childhood Development of the Province of Nova Scotia;

[Note: The reference to the Department of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

                (b)    observed a minimum of five (5) cases in a licensed funeral home under alicensed embalmer and funeral director in the six (6) months immediatelybefore being accepted at the Kingstec Campus of the Nova Scotia CommunityCollege; and

Clause 5A(2)(b) replaced: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

                (c)    a valid driver's licence.

 

       (3)    Every application for an apprentice embalmer's licence shall be in writing in the formprescribed by the Board, and be accompanied by

 

                (a)    a certificate of successful completion of the approved course at the KingstecCampus of the Nova Scotia Community College, with a pass mark of at least60 percent;

Clause 5A(3)(a) amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

                (b)    an Apprenticeship Agreement, in the form prescribed by the Board, with alicensed embalmer who has been approved by the Board; and

 

                (c)    such other information as the Board may require.

 

       (3A) A person enrolled in the Funeral and Allied Health Services Program ApprenticeshipModel of the approved course in embalming and funeral services at the KingstecCampus of the Nova Scotia Community College who meets the requirements ofclauses (b) and (c) of subsection (3) is eligible to apply for an apprentice embalmer’slicence.

Subsection 5A(3A) added: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (4)    Where a person has completed a course in embalming and funeral services inanother jurisdiction, upon the approval of the Board, such person is deemed to havecompleted the requirements of clause (a) of subsection (3).

Section 5A added: O.I.C. 90-258, N.S. Reg. 90/90.

 

6     (1)    No licensed embalmer shall engage an apprentice embalmer unless he has beenapproved by the Board.

 

       (2)    No licensed embalmer shall have more than two apprentice embalmers apprenticedto him at any one time.

 

7     An Apprenticeship Agreement may be assigned to another licensed embalmer who hasbeen approved by the Board, by an assignment in writing in the form prescribed by theBoard, and in such case the apprentice embalmer shall forward forthwith a copy of theAssignment to the Registrar and shall pay a fee of $20.00 for the registration thereof.

Section 7 amended: O.I.C. 1999-63, N.S. Reg. 15/99.

 

8     (1)    Every licensed embalmer shall, when taking an apprentice embalmer into hisemploy, explain to him the provisions of the Act and of the rules and regulationsmade thereunder and during the apprenticeship shall instruct such apprenticeembalmer in the practice, profession and obligation of an embalmer.

 

       (2)    The term of apprenticeship for an apprentice embalmer is

 

                (a)    where the apprentice is registered prior to the 1st day of March 1990, a term ofnot less than twenty-four (24) months; and

 

                (b)    for a person who completed the approved course or is deemed to havecompleted the approved course under subsection 5A(4) and who applies for alicence on or after the 1st day of March 1990, a term of not less than fourteen(14) months from the date that the licence was issued.

Clause 8(2)(b): amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

                (c)    for a person enrolled in the Funeral and Allied Health Services ProgramApprenticeship Model of the approved course in embalming and funeralservices at the Kingstec Campus of the Nova Scotia Community College, aterm of not less than the required time to complete the apprenticeship model.

Clause 8(2)(c) added: O.I.C. 2007-78, N.S. Reg. 51/2007.

Subsection 8(2) replaced: O.I.C. 90-258, N.S. Reg. 90/90.

 

       (3)    A licensed embalmer shall submit a written report, in the form prescribed by theBoard, stating the amount and type of work performed by the apprentice during thepreceding months for each apprentice embalmer

 

                (a)    completing an apprenticeship term pursuant to clause (a) of subsection (2), atthe end of the first twelve (12) months of apprenticeship and at the end of thenext ten (10) months of the apprenticeship; and

 

                (b)    completing an apprenticeship term pursuant to clause (b) of subsection (2), atthe end of the first seven (7) months of apprenticeship, and at the end of thenext seven (7) months of apprenticeship.

 

                (c)    completing an apprenticeship term pursuant to clause (c) of subsection (2), atthe end of the first twelve (12) months of the apprenticeship and at the end ofthe next ten (10) months of the apprenticeship.

Clause 8(3)(c) added: O.I.C. 2007-78, N.S. Reg. 51/2007.

Subsection 8(3) replaced: O.I.C. 90-258, N.S. Reg. 90/90.

 

       (4)    The report shall be submitted to the Board.

 

9     (1)    Every apprentice embalmer shall serve the term of his apprenticeship under thedirect supervision of the licensed embalmer to whom he is for the time beingapprenticed, but from time to time may serve under the direct supervision of someother duly qualified embalmer employed in the same establishment or place ofbusiness.

Subsection 9(2) repealed: O.I.C. 95-193, N.S. Reg. 23/95.

Subsection 9(3) repealed: O.I.C. 90-258, N.S. Reg. 90/90.

Section 10 repealed: O.I.C. 90-258, N.S. Reg. 90/90.

 

11   (1)    No apprentice embalmer registered prior to the 1st day of March 1990, shall bepermitted to take the examination for admission to practise as an embalmer unless heshall have served a term of apprenticeship of twenty-four (24) months, and taken andcompleted any course, or courses, prescribed by the Board.

Subsection 11(1) amended: O.I.C. 90-258, N.S. Reg. 90/90.

 

       (2)    The qualifying examination shall consist of two parts:

 

                (a)    the written examination; and

 

                (b)    the clinical examination.

 

       (3)    The written examination shall be composed of questions from the followingsubjects:

 

                (a)    Elementary Anatomy:

The candidate is expected to know the structure of the human body, theprincipal organs, functions and locations, and the different circulatory systemsand muscles;

 

                (b)    Embalming:

The candidate is expected to have a thorough knowledge of this subject;

 

                (c)    Sanitation and Public Health:

The candidate will be required to have a thorough knowledge of the generaldisinfection procedures and of the equipment used in the preparation of bodiesfor burial, also a knowledge of the Act, the Health [Protection] Act, the rulesand regulations regarding the transportation, interment and disinterment ofdead human bodies, the operation of receiving vaults and crematoria and theacceptable procedures for the conduct of funerals;

 

                (d)    Pathology:

The candidate will be required to have a knowledge of the most commoncommunicable diseases, and the special treatment that must be given bodies ofthose who have died of such diseases; and

 

                (e)    Public Relations and Funeral Procedures.

 

       (4)    The clinical examination shall consist of the performance of embalming proceduresin the presence of an examiner.

 

       (5)    The pass mark for each of the written and clinical examination shall be 75 percent.

Subsection 11(5) amended: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

       (6)    A person who fails to pass his examination shall write a supplemental examinationwithin sixty (60) days of the first examination.

Subsection 11(6) added: O.I.C. 90-258, N.S. Reg. 90/90.

 

       (7)    A person who fails to pass the supplemental examination will be required tocomplete the previous period of apprenticeship before rewriting the examination.

Subsection 11(7) added: O.I.C. 90-258, N.S. Reg. 90/90.

 

       (8)    A person who fails an examination pursuant to subsection (7) must wait at least one(1) year and then repeat the entire period of apprenticeship before being permitted torewrite the examination.

Subsection 11(8) added: O.I.C. 90-258, N.S. Reg. 90/90.

 

12   After one year of apprenticeship, each apprentice embalmer registered prior to the 1st dayof March 1990, shall write an examination set by the Board which shall include questionsfrom the five subjects set forth in subsection (3) of Section 11.

Section 12 amended: O.I.C. 90-258, N.S. Reg. 90/90.

 

12A  (1)  An apprentice embalmer licensed on or after the 1st day of March 1990 whocompletes the term of apprenticeship required by clause 8(2)(b) is permitted to takethe examination for admission to practice as an embalmer.

Subsection 12A(1) replaced: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

         (1A)An apprentice licensed embalmer who completes the Funeral and Allied HealthServices Program Apprenticeship Model of the approved course in embalming andfuneral services at the Kingstec Campus of the Nova Scotia Community Collegewith a pass mark of at least 60 percent and completes the term of apprenticeshiprequired by clause 8(2)(c) is permitted to take the examination for admission topractice as an embalmer.

Subsection 12A(1A) added: O.I.C. 2007-78, N.S. Reg. 51/2007.

 

         (2)  The qualifying examination shall consist of a written examination set by the Boardand a clinical examination in the performance of embalming procedures in thepresence of an examiner.

Subsection 12A(2) replaced: O.I.C. 95-193, N.S. Reg. 23/95.

 

         (3)  The pass mark for the written and clinical examinations is 75%.

Subsection 12A(3) replaced: O.I.C. 95-193, N.S. Reg. 23/95.

 

         (4)  A person who fails the clinical examination shall complete a supplemental clinicalexamination within sixty (60) days of the first examination.

 

         (5)  A person who fails the supplemental examination will be required to complete afurther six (6) months of apprenticeship before completing another clinicalexamination.

Section 12A added: O.I.C. 90-258, N.S. Reg. 90/90.

 

12B  (1)  An applicant who holds an embalmer’s licence issued by another jurisdiction withinthe previous 24 months shall

 

                (a)    provide proof of the embalmer’s licence; and

 

                (b)    pay the prescribed licence fee

 

before being issued an embalmer’s licence.

Subsection 12B(1) replaced: O.I.C. 1999-264, N.S. Reg. 57/99.

 

         (2)  Effective the 1st day of March 1990, where a person has previously held a NovaScotia embalmer's licence, which has lapsed for more than twenty-four (24) monthsimmediately preceding the date of application for a licence, such person shall passthe clinical examination for admission to practise as an embalmer as set by theBoard.

 

         (3)  Effective the 1st day of March 1990, where a person has previously held a NovaScotia Embalmer's licence, which has lapsed for not more than twenty-four (24)months immediately preceding the date of application for a licence, such personshall, upon payment of the appropriate licence fee and with the approval of theBoard, be reinstated as a licensed embalmer.

Section 12B added: O.I.C. 90-258, N.S. Reg. 90/90.

 

13   (1)    Every person applying to the Board to be examined must advise the Board at leastone (1) month before the date set for the examination and shall pay the fee set out insubsection (2).

Clauses 13(1)(a)-(d) repealed: O.I.C. 2014-202, N.S. Reg. 77/2014.

Subsection 13(1) amended: O.I.C. 90-258, N.S. Reg. 90/90; O.I.C. 2014-202, N.S. Reg. 77/2014.

 

       (2)    On and after the effective dates set out in the following table, the fees payable forexaminations are as set out in the table:

Examination

Examination Fees

Effective

June 1, 2014

Effective

June 1, 2015

Effective

June 1, 2016

Written examination

$60.00

$80.00

$100.00

Clinical examination

$135.00

$170.00

$200.00

Supplemental examination

$135.00

$170.00

$200.00

Funeral director’s practicalexamination

$135.00

$170.00

$200.00

Subsection 13(2) added: O.I.C. 2014-202, N.S. Reg. 77/2014.

Subsections 13(2)-(4) repealed: O.I.C. 90-258, N.S. Reg. 90/90.

 

14   On and after the effective dates set out in the following table, the annual fees prescribedfor licences are as set out in the table:

Licence

Annual Licence Fees

Effective

June 1, 2014

EffectiveJune 1, 2015

EffectiveJune 1, 2016

Apprentice embalmer’slicence

$85.00

$95.00

$100.00

Embalmer’s licence

$135.00

$170.00

$200.00

Funeral director’s licence

$135.00

$170.00

$200.00

Section 14 amended: O.I.C. 90-258, N.S. Reg. 90/90; O.I.C. 1999-63, N.S. Reg. 15/99; replaced: O.I.C. 2014-202, N.S. Reg. 77/2014.

Section 15 repealed: O.I.C. 2014-202, N.S. Reg. 77/2014.

Section 16 repealed: O.I.C. 2014-202, N.S. Reg. 77/2014.

 

16A  (1)  An embalmer or funeral director shall apply for a licence renewal in the formapproved by the Board and shall pay the prescribed annual fee.

 

         (2)  Every 5 years a funeral director shall submit with the licence renewal applicationproof of completion within the previous 5 years of 6 hours of continuing educationrelevant to the practice of funeral directing provided by or approved by the Boardand signed or stamped by the program sponsor.

 

         (3)  Every 5 years an embalmer shall submit with the licence renewal application proofof completion within the previous 5 years of 6 hours of continuing educationrelevant to the practice of embalming provided by or approved by the Board andsigned or stamped by the program sponsor.

 

         (4)  An applicant for the reinstatement of a licence that has lapsed for less than one yearshall submit with the application for reinstatement proof of completion of 6 hours ofrelevant continuing education within the previous 24 months.

 

         (5)  A funeral director or embalmer who is 65 years of age or older and has held a licenceunder the Act for a minimum of 10 years is exempt from the requirements ofsubsections (2) to (4).

Section 16A added: O.I.C. 1999-63, N.S. Reg. 15/99.

 

16B  (1)  Despite subsections 16A(2), (3) or (4), an applicant for renewal of a licence who hasnot complied with those subsections may submit to the Board the renewalapplication and the renewal fee along with a request for waiver on the basis ofextreme hardship.

 

         (2)  If the Board finds that extreme hardship has been demonstrated, it shall waivecompliance with subsections 16A(2), (3) or (4) for the applicable renewal period.

 

         (3)  Extreme hardship shall be determined on an individual basis by the Board and bedefined as an inability to devote sufficient hours to fulfilling the continuingeducation requirements of subsections 16A(2), (3) and (4) because of

 

                (a)    an incapacitating illness, documented by a currently licensed physician;

 

                (b)    a physical inability to travel to the sites of approved programs, documented bya currently licensed physician; or

 

                (c)    other similar extenuating circumstances (for example, family illness orprolonged hospitalization).

Section 16B added: O.I.C. 1999-63, N.S. Reg. 15/99.

 

16C  The Board shall establish an Education Committee consisting of 3 licensed funeraldirectors and 2 licensed embalmers that shall

 

                (a)    establish program guidelines for continuing education programs and courses ofinstruction;

 

                (b)    approve continuing education programs and courses of instruction;

 

                (c)    establish guidelines for activities other than attendance at continuing educationprograms and courses of instruction for which continuing education credit maybe earned, such as teaching, conducting research, and writing articles for tradepublications.

Section 16C added: O.I.C. 1999-63, N.S. Reg. 15/99.

 

17     (1)  No person shall operate an establishment or a branch of an establishment as afuneral home unless that establishment or branch is licensed as a funeral home.

 

         (2)  An application for a funeral home licence shall be in writing, in the form prescribedby the Registrar, and shall be accompanied by such information as the Registrar mayrequire.

 

         (3)  The application for a funeral home licence shall include the name of the licensedfuneral director who is the manager of the funeral home and the names of all otherpersons who are employed at the funeral home as embalmers, funeral directors andapprentice embalmers.

 

         (4)  The annual fee for a funeral home licence shall be $133.35.

Subsection 17(4) amended: O.I.C. 2015-96, N.S. Reg. 97/2015.

 

17A  For the purpose of clause 2(e) of the Act, “funeral merchandise or services” means

 

                (a)    the services offered or performed by a funeral director or embalmer incidentalto the arrangements, care and preparation of human remains for burial, or otherdisposition;

 

                (b)    the merchandise, articles or supplies used, offered for sale or sold directly tothe public by the funeral director, in conjunction with services related to burialor other disposition;

 

                (c)    the services offered or performed by a funeral director or embalmer incidentalto the arrangements, care and preparation of human remains for cremation; or

 

                (d)    the merchandise, articles or supplies used, offered for sale or sold directly tothe public by the funeral director, in conjunction with services related tocremation,

 

and “cremation services” means the services or goods referred to in clauses (c) and (d).

Section 17A added: O.I.C. 1999-560, N.S. Reg. 124/99.

 

18     (1)    No building, other than a residence, monument display room, or a flower shop shallbe attached to a funeral home.

 

         (2)    Every funeral home shall have the following minimum facilities and equipment:

 

                  (a)   an office;

 

                  (b)  access, within a reasonable distance, to a preparation room;

 

                  (c)   a casket display room;

 

                  (d)  a reposing room;

 

                  (e)   a public washroom;

 

                  (f)   access to a funeral coach;

 

                  (g)  access to a lowering device;

 

                  (h)  access to a grass mat; and

 

                  (i)   access to a removal cot.

 

         (3)    A casket display room shall

 

                  (a)   be used only for the purpose of displaying caskets and other funeralmerchandise;

 

                  (b)  have on display a minimum of 6 adult caskets of different grades and prices,including its lowest priced model; and

 

                  (c)   have children's caskets available.

 

         (4)    A preparation room shall be used exclusively for keeping, embalming andpreparation for burial or transportation of dead human bodies and the room shall beequipped with

 

                  (a)   sanitary drainage or facilities for disposal of fluids;

 

                  (b)  ventilation and lighting;

 

                  (c)   essential instruments and supplies;

 

                  (d)  floors and walls constructed or covered by impervious materials;

 

                  (e)   washable-type painted surface, where painting is required; and

 

                  (f)   hand washing facilities.

 

         (5)    A reposing room shall

 

                  (a)   provide space for display of flowers;

 

                  (b)  have an appropriate stand for a casket;

 

                  (c)   have a visitation book with a stand; and

 

                  (d)  be equipped with seating accommodations.

 

         (6)    Public washrooms shall have approved

 

                  (a)   hand washing facilities, including hot and cold running water, individual handtowels, and soap;

 

                  (b)  receptacle for used hand towels;

 

                  (c)   floors and walls constructed or covered by impervious materials;

 

                  (d)  washable-type painted surface, where painting is required;

 

                  (e)   toilets; and

 

                  (f)   ventilation and lighting.

 

         (7)    Every funeral home shall be kept clean and sanitary.

 

         (8)    Every funeral home shall have a conveyance used for transporting the dead humanbody which shall be very clean, and adequate for the purposes for which it isrequired, and such conveyance shall be of a modest colour and no advertisingwhatsoever shall be displayed thereon other than the name of the person orcorporation transporting the dead human body.

 

         (9)    The wording on exterior signs pertaining to the operation of funeral homes shall belimited to the name of the operator, type of business and address.

 

         (10)  Clause (c) of subsection (2) shall not come into effect until September 1, 1985.

 

         (11)  Subsections (2), (3), (4), (5), (6), (8) and (10) of this Section do not apply to thosefuneral homes which offer cremation services only.

Subsection 18(11) added: O.I.C. 84-1172, N.S. Reg. 253/84.

 

18A  (1)    For the purpose of these regulations, a rental casket is a specially designed devicethat has the outward appearance of a casket and is used to conceal a casket insertcontaining human remains for the purposes of viewing and/or a funeral or otherceremony.

 

         (2)    A contract for funeral arrangements that include the use of a rental casket mustdisclose that such a casket is part of the goods being supplied in the funeralarrangements.

Section 18A added: O.I.C. 1999-63, N.S. Reg. 15/99.

 

19     The Registrar, or a person authorized by him for the purpose, may enter a funeral homeand inspect the premises for the purposes of issuing or renewing a funeral home licence.

 

20   For the purpose of the Act and regulations "professional misconduct" means

 

                (a)    personal or professional conduct of a licensed embalmer, apprentice embalmeror funeral director which does not lend dignity to the profession and inspireconfidence on the part of the public in the members of the profession;

 

                (b)    the conduct of the business of a funeral director in such manner, economicallyand professionally, as not to reflect credit on the profession and to inspireconfidence on the part of the funeral-purchasing public;

 

                (c)    the payment, award or promise of any payment or award by any funeraldirector or licensed embalmer or any agent or representative thereof to anyperson for the purpose of procuring patronage for the funeral director, licensedembalmer or funeral home;

 

                (d)    non-compliance with the requirements of the Health [Protection] Act and theVital Statistics Act.

 

21   No funeral home, funeral director, embalmer or apprentice embalmer shall

 

                (a)    include inaccurate or deceptive claims or statements, either direct or impliedwith respect to price or availability of funeral merchandise or service in anyadvertisement;

 

                (b)    advertise in a format which has the appearance of a public serviceadvertisement with the effect of concealing its commercial intent;

 

                (c)    include deceptive price claims, unrealistic price comparisons or exaggeratedclaims as to worth or value in any advertisement;

 

                (d)    discredit or attack unfairly other funeral merchandise, services or exaggeratethe importance of competitive services in any advertisement;

 

                (e)    advertise in such a manner as to exploit human misery or to play upon fearswhich would encourage the consumer to purchase funeral merchandise orservices;

 

                (f)    advertise in a tasteless manner or in a manner which does not reflect credit, orlend dignity to the funeral profession; or

 

                (g)    make reference to price in an advertisement unless the advertisement includes adetailed description of the funeral merchandise and services.

“Kingstec Community College” replaced by “the Kingstec Campus of the Nova Scotia Community College”: O.I.C. 2007-78, N.S. Reg. 51/2007.