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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 (effective October 5, 1983), N.S. Reg. 215/1983

amended to O.I.C. 2019-37 (effective February 20, 2019), N.S. Reg. 32/2019


 

1       These regulations may be cited as the Embalmers and Funeral Directors Regulations.

 

1A    (1)     [repealed]

 

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

 

2       (1)     The Board may from time to time provide, prescribe, or approve courses of instruction 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’s licence shall have completed the approved course of study in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College, or be enrolled in the Funeral and Allied Health Services Program Apprenticeship Model of the approved course of study in embalming and funeral services offered by the Kingstec Campus of the Nova Scotia Community College.

 

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

 

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

 

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

 

         (2)     Effective the 1st day of March 1990, the requirements for a funeral director’s licence shall be

 

                   (a)   an apprenticeship under the supervision of a licensed funeral director for a period of not less than the applicable term of apprenticeship required by Section 3D; and

 

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

 

         (3)     [repealed]

 

         (3A)  [repealed]

 

         (4)     [repealed]

 

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

 

                   (a)   provide proof of the licence;

 

                   (b)  pay the licence fee; and

 

                   (c)   achieve a passing grade of at least 75% on the funeral director’s written examination,

 

before being issued a funeral director’s licence.

 

         (6)     Where a person has previously held a Nova Scotia funeral director’s licence, which has lapsed for more than twenty-four (24) months immediately preceding the date of application 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 on the examination set by the Board for admission to practise as a funeral director.

 

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

 

3A    (1)     A person is not eligible to be licensed as an apprentice funeral director unless they have attained Grade XII or its equivalent as certified by the Department of Education and Early Childhood Development of the Province of Nova Scotia.

 

         (2)     An applicant for an apprentice funeral director’s licence must enter into an apprenticeship agreement, in the form prescribed by the Board, with a licensed funeral director who has been licensed for at least 2 years and who has been approved by the Board to have an apprentice.

 

         (3)     A licensed funeral director must not have more than 2 apprentice funeral directors at any one time.

 

3B    An application for an apprentice funeral director’s licence must be in writing in the form prescribed by the Board, and must be accompanied by all of the following:

 

                   (a)   a copy of the applicant’s executed apprenticeship agreement;

 

                   (b)  any additional documentation or information that the Board requires;

 

                   (c)   the prescribed annual fee for an apprentice funeral director’s licence.

 

3C    (1)     With the prior approval of the Board, a funeral director apprenticeship agreement may be assigned to another licensed funeral director who meets the requirements of subsection 3A(2).

 

         (2)     An assignment of a funeral director apprenticeship agreement must be in writing in the form prescribed by the Board, and the apprentice funeral director must promptly forward a copy of the assignment to the Board and pay the prescribed fee for registration of the assignment.

 

3D    The term of apprenticeship for an apprentice funeral director is

 

                   (a)   for a person who has completed the approved course in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College, a term of 6 months;

 

                   (b)  for a person enrolled in the Funeral and Allied Health Services Program Apprenticeship Model in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College, a term of at least the time required to complete the course;

 

                   (c)   for a person who has completed a course in funeral directing in another jurisdiction a term of 12 months, less any time recognized and approved by the Board for any apprenticeship time completed in the other jurisdiction;

 

                   (d)  for any person not described in clauses (a) to (c), a term of 12 months.

 

3E    (1)     A licensed funeral director who has an apprentice funeral director must explain the provisions of the Act and these regulations to the apprentice funeral director, and during the apprenticeship must instruct the apprentice funeral director in the practice, profession and obligations of a funeral director.

 

         (2)     An apprentice funeral director must serve their term of apprenticeship under the direct supervision of the licensed funeral director to whom the apprentice funeral director is apprenticed, but from time to time may serve under the direct supervision of some other duly qualified licensed funeral director employed in the same establishment or place of business.

 

         (3)     During their term of apprenticeship, an apprentice funeral director must participate in at least 25 of each of the following types of funeral procedures:

 

                   (a)   assisted arrangements;

 

                   (b)  arrangements;

 

                   (c)   funerals;

 

                   (d)  committals.

 

         (4)     A licensed funeral director who has an apprentice funeral director must submit a written apprenticeship report to the Board, outlining the apprentice funeral director’s participation in the funeral procedures referred to in subsection (3) during the preceding months, as follows:

 

                   (a)   for an apprentice funeral director completing an apprenticeship term under clause 3D(a), at the end of the 6 months of apprenticeship;

 

                   (b)  for an apprentice funeral director completing an apprenticeship term under clause 3D(b), every 6 months and at the completion of the apprenticeship;

 

                   (c)   for an apprentice funeral director completing an apprenticeship term under clause 3D(c),

 

                           (i)     if the apprenticeship term is 6 months or less, at the completion of the apprenticeship,

 

                           (ii)    if the apprenticeship term is longer than 6 months, at the end of the first 6 months and at the completion of the apprenticeship;

 

                   (d)  for an apprentice funeral director completing an apprenticeship term under clause 3D(d), at the end of the first 6 months of apprenticeship and at the completion of the apprenticeship.

 

         (5)     A written apprenticeship report required by subsection (4) must be in the form required by the Board and must include all of the following information for each funeral procedure that the apprentice has participated in as required by subsection (3):

 

                   (a)   the type of funeral procedure;

 

                   (b)  the name of the deceased;

 

                   (c)   the date the funeral procedure was performed;

 

                   (d)  the signature of the funeral director supervising the apprentice during the funeral procedure.

 

         (6)     If, by the end of their term of apprenticeship, an apprentice funeral director has not participated in the minimum number of each type of funeral procedure as required by subsection (3), the apprentice funeral director must apply to the Board for renewal of their apprentice funeral director’s licence in accordance with Section 3F.

 

3F    (1)     An application for renewal of an apprentice funeral director’s licence must be in writing in the form prescribed by the Board, and must be accompanied by all of the following:

 

                   (a)   a copy of an executed apprenticeship renewal agreement, in the form prescribed by the Board, with a licensed funeral director who meets the requirements of subsection 3A(2);

 

                   (b)  any additional documentation or information that the Board requires;

 

                   (c)   the prescribed annual fee for an apprentice funeral director’s licence.

 

         (2)     The term of renewal of an apprentice funeral director’s licence is 12 months, or the time required for the apprentice funeral director to participate in the minimum number of each type of funeral procedure as required by subsection 3E(3), whichever is the shorter period.

 

         (3)     Subject to subsection (4), the requirements in Section 3E for apprentice funeral directors and licensed funeral directors also apply during a term of renewal of an apprentice funeral director’s licence.

 

         (4)     During a term of renewal of an apprentice funeral director’s licence, the licensed funeral director must submit the written apprenticeship reports required by subsection 3E(4)

 

                   (a)   if the term of renewal is 6 months or less, at the completion of the term;

 

                   (b)  if the term of renewal is longer than 6 months, at the end of the first 6 months and at the completion of the term.

 

3G    (1)     An apprentice funeral director who has completed the approved course in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College with a pass mark of at least 75% is permitted to take the examination for admission to practise as a funeral director after

 

                   (a)   serving a term of apprenticeship of at least 6 months; and

 

                   (b)  participating in the minimum number of each type of funeral procedure required by subsection 3E(3).

 

         (2)     An apprentice funeral director who has completed the Funeral and Allied Health Services Program Apprenticeship Model in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community with a pass mark of at least 75% is permitted to take the examination for admission to practise as a funeral director after

 

                   (a)   serving a term of apprenticeship of at least the time required to complete the course; and

 

                   (b)  participating in the minimum number of each type of funeral procedure required by subsection 3E(3).


 

         (3)     An apprentice funeral director who has completed a course in funeral directing in another jurisdiction is permitted to take the examination for admission to practise as a funeral director after

 

                   (a)   serving the term of apprenticeship approved by the Board under clause 3D(c); and

 

                   (b)  participating in the minimum number of each type of funeral procedure required by subsection 3E(3).

 

         (4)     An apprentice funeral director who has not completed any of the courses referred to in subsections (1), (2) or (3) is permitted to take the examination for admission to practise as a funeral director after

 

                   (a)   serving a term of apprenticeship of at least 12 months; and

 

                   (b)  participating in the minimum number of each type of funeral procedure required by subsection 3E(3).

 

         (5)     The examination for admission to practise as a funeral director consists of the following 2 parts:

 

                   (a)   the funeral director’s written examination;

 

                   (b)  the funeral director’s practical examination.

 

         (6)     The funeral director’s written examination is set by the Board and must be composed of questions from each of the following subjects:

 

                   (a)   religious rites and rituals;

 

                   (b)  funeral arranging and directing protocol and practices;

 

                   (c)   communications;

 

                   (d)  grief and bereavement;

 

                   (e)   funeral services business practices;

 

                   (f)   funeral services law and ethics.

 

         (7)     The funeral director’s practical examination is set by the Board and must consist of performing funeral procedures in the presence of a licensed funeral director.

 

         (8)     The pass mark for each of the funeral director’s written examination and the funeral director’s practical examination is 75%.

 

         (9)     A person who fails to pass the funeral director’s written examination or the funeral director’s practical examination must complete a supplemental examination no later than 60 days after the date of the first examination.

 

         (10)   A person who fails to pass a supplemental examination must complete a further 6 months of apprenticeship before retaking the funeral director’s written examination or funeral director’s practical examination, as applicable.

 

         (11)   A person who fails to pass a retaken examination referred to in subsection (10) must wait at least 1 year and then repeat an entire term of apprenticeship of at least 12 months before being permitted to retake the failed exam.

 

4       [repealed]

 

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

 

         (2)     Every application for an apprentice embalmer’s licence shall be in writing in the form prescribed by the Board and be accompanied by such information as the Board may require.

 

         (3)     Every person applying for an apprentice embalmer’s licence shall enter into an apprenticeship agreement, in the form prescribed by the Board, with a licensed embalmer who has been approved by the Board.

 

         (4)     A copy of the executed agreement shall be forwarded to the Board by the applicant.

 

5A    (1)     Effective the 1st day of March 1990, a person making application for an apprentice embalmer’s licence shall have completed the approved course of study in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College.

 

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

 

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

 

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

 

                   (c)   a valid driver’s licence.

 

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

 

                   (a)   a certificate of successful completion of the approved course at the Kingstec Campus of the Nova Scotia Community College, with a pass mark of at least 75 percent;

 

                   (b)  an apprenticeship agreement, in the form prescribed by the Board, with a licensed 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 Apprenticeship Model of the approved course in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College who meets the requirements of clauses (b) and (c) of subsection (3) is eligible to apply for an apprentice embalmer’s licence.

 

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

 

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

 

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

 

7       An embalmer apprenticeship agreement may be assigned to another licensed embalmer who has been approved by the Board, by an assignment in writing in the form prescribed by the Board, and in such case the apprentice embalmer shall forward forthwith a copy of the Assignment to the Registrar and shall pay the prescribed fee for the registration thereof.

 

8       (1)     Every licensed embalmer shall, when taking an apprentice embalmer into his employ, explain to him the provisions of the Act and of the rules and regulations made thereunder and during the apprenticeship shall instruct such apprentice embalmer 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 of not less than twenty-four (24) months; and

 

                   (b)  for a person who completed the approved course or is deemed to have completed the approved course under subsection 5A(4) and who applies for a licence 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

         (2)     [repealed]

 

         (3)     [repealed]

 

10     [repealed]

 

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

 

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

 

                   (a)   the embalmer’s written examination; and

 

                   (b)  the embalmer’s clinical examination.

 

         (3)     The embalmer’s written examination shall be composed of questions from the following subjects:

 

                   (a)   Elementary Anatomy:

The candidate is expected to know the structure of the human body, the principal organs, functions and locations, and the different circulatory systems and 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 general disinfection procedures and of the equipment used in the preparation of bodies for burial, also a knowledge of the Act, the Health Protection Act, the rules and regulations regarding the transportation, interment and disinterment of dead human bodies, the operation of receiving vaults and crematoria and the acceptable procedures for the conduct of funerals;

 

                   (d)  Pathology:

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

 

                   (e)   Public Relations and Funeral Procedures.

 

         (4)     The embalmer’s clinical examination shall consist of the performance of embalming procedures in the presence of an examiner.

 

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

 

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

 

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

 

         (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 to rewrite the examination.

 

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

 

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

 

         (1A)  An apprentice licensed embalmer who completes the Funeral and Allied Health Services Program Apprenticeship Model of the approved course in embalming and funeral services at the Kingstec Campus of the Nova Scotia Community College with a pass mark of at least 75 percent and completes the term of apprenticeship required by clause 8(2)(c) is permitted to take the examination for admission to practise as an embalmer.


 

         (2)     The qualifying examination shall consist of an embalmer’s written examination set by the Board and a clinical examination in the performance of embalming procedures in the presence of an examiner.

 

         (3)     The pass mark for each of the embalmer’s written examination and the embalmer’s clinical examination is 75%.

 

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

 

         (5)     A person who fails the supplemental examination will be required to complete a further six (6) months of apprenticeship before completing another embalmer’s clinical examination.

 

12B  (1)     An applicant who holds an embalmer’s licence issued by another jurisdiction within the 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.

 

         (2)     Effective the 1st day of March 1990, where a person has previously held a Nova Scotia embalmer’s licence, which has lapsed for more than twenty-four (24) months immediately preceding the date of application for a licence, such person shall pass the clinical examination for admission to practise as an embalmer as set by the Board.

 

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

 

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

 

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


Examination

Examination Fees

Effective

June 1, 2014

Effective

June 1, 2015

Effective

June 1, 2016

Embalmer’s written examination

$60.00

$80.00

$100.00

Embalmer’s clinical examination

$135.00

$170.00

$200.00

Supplemental examination

$135.00

$170.00

$200.00

Funeral director’s written examination

$60.00

$80.00

$100.00

Funeral director’s practical examination

$135.00

$170.00

$200.00

 

         (3)     [repealed]

 

         (4)     [repealed]

 

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



Licence

Annual Licence Fees

Effective

June 1, 2014

Effective June 1, 2015

Effective June 1, 2016

Apprentice embalmer’s licence

$85.00

$95.00

$100.00

Apprentice funeral director’s licence

$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

 

15     The fee for registration of an assignment of an apprenticeship agreement is $20.00.

 

16     [repealed]

 

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

 

         (2)     Every 5 years a funeral director shall submit with the licence renewal application proof of completion within the previous 5 years of 6 hours of continuing education relevant to the practice of funeral directing provided by or approved by the Board and signed or stamped by the program sponsor.

 

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

 

         (4)     An applicant for the reinstatement of a licence that has lapsed for less than one year shall submit with the application for reinstatement proof of completion of 6 hours of relevant 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 licence under the Act for a minimum of 10 years is exempt from the requirements of subsections (2) to (4).

 

16B  (1)     Despite subsections 16A(2), (3) or (4), an applicant for renewal of a licence who has not complied with those subsections may submit to the Board the renewal application and the renewal fee along with a request for waiver on the basis of extreme hardship.

 

         (2)     If the Board finds that extreme hardship has been demonstrated, it shall waive compliance 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 be defined as an inability to devote sufficient hours to fulfilling the continuing education 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 by a currently licensed physician; or

 

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

 

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

 

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

 

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

 

                   (c) establish guidelines for activities other than attendance at continuing education programs and courses of instruction for which continuing education credit may be earned, such as teaching, conducting research, and writing articles for trade publications.

 

17     (1)     No person shall operate an establishment or a branch of an establishment as a funeral 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 prescribed by the Registrar, and shall be accompanied by such information as the Registrar may require.

 

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

 

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

 

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 incidental to the arrangements, care and preparation of human remains for burial, or other disposition;

 

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

 

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

 

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

 

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

 

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

 

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

 

                  (a)   an office;

 

                  (b)  access to a preparation room;

 

                  (c)   a casket display room, if the funeral home does not maintain an up-to-date catalogue that meets the requirements of clause 32A(1)(b) of the Act and Section 18B;

 

                  (d)  a reposing room;

 

                  (e)   a public washroom;

 

                  (f)   access to a funeral coach.

 

                  (g)  [repealed]

 

                  (h)  [repealed]

 

                  (i)   [repealed]

 

         (3)    A casket display room shall

 

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

 

                  (b)  have on display a minimum of 6 adult caskets and 6 urns of different grades and prices, including the least expensive options on offer.

 

                  (c)   [repealed]

 

         (4)    A preparation room shall be used exclusively for keeping, embalming and preparation for burial or transportation of dead human bodies and the room shall be equipped 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)   [repealed]

 

                  (b)  have an appropriate stand for a casket; and

 

                  (c)   [repealed]

 

                  (d)  be equipped with seating accommodations.

 

         (6)    [repealed]

 

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

 

         (8)    Every funeral home shall have a conveyance used for transporting the dead human body which shall be very clean, and adequate for the purposes for which it is required, and no advertising whatsoever shall be displayed thereon other than the name, business address and contact information of the person or corporation transporting the dead human body.

 

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

 

         (10)  [repealed]

 

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

 

18A  (1)    For the purpose of these regulations, a rental casket is a specially designed device that has the outward appearance of a casket and is used to conceal a casket insert containing human remains for the purposes of viewing and/or a funeral or other ceremony.

 

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

 

18B  (1)    The catalogue descriptions of caskets and urns referred to in Section 32A of the Act must be for a minimum of 6 adult caskets and 6 urns of different grades and prices, including the least expensive options on offer, as required by Section 32A of the Act.

 

         (2)    The catalogue descriptions of the items in subsection (1) must include all of the following for each item in the catalogue:

 

                  (a)   the price;

 

                  (b)  a colour image of the item;

 

                  (c)   sufficient detail to allow a purchaser to identify the size of the item;

 

                  (d)  the brand name, manufacturer’s name and model name and number of the item;

 

                  (e)   for caskets,

 

                         (i)     the material and colour of the interior, and

 

                         (ii)    the material, colour and finish of the exterior;

 

                  (f)   a clear indication of whether the item is suitable for cremation.

 

18C  A person who holds a funeral home licence must ensure that a person transporting human remains to the funeral home complies with all of the following:

 

                  (a)   the human remains must be delivered to the intended destination as quickly as possible;

 

                  (b)  the human remains must not be left in a stationary vehicle for more than 2 hours, unless the vehicle is parked in a clean, secure building so that the human remains are out of public view;

 

                  (c)   the human remains must be kept secure at all times, either under the care of the person transporting the human remains or in a locked, secure vehicle;

 

                  (d)  the human remains must be handled directly only as necessary.

 

19     The Registrar, or a person authorized by him for the purpose, may enter a funeral home and 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 embalmer, funeral director or apprentice funeral director which does not lend dignity to the profession and inspire confidence 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, economically and professionally, as not to reflect credit on the profession and to inspire confidence on the part of the funeral-purchasing public;

 

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

 

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

 

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

 

                  (a)   include inaccurate or deceptive claims or statements, either direct or implied with respect to price or availability of funeral merchandise or service in any advertisement;

 

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

 

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

 

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

 

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

 

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

 

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

 

 


Legislative History
Reference Tables

Embalmers and Funeral Directors Regulations

N.S. Reg. 215/1983

Embalmers and Funeral Directors Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Embalmers and Funeral Directors Regulations made under the Embalmers and Funeral Directors Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

215/1983

Oct 5, 1983

date specified

Oct 20, 1983

253/1984

Oct 2, 1984

date made

Oct 18, 1984

90/1990

Mar 1, 1990

date specified

Mar 23, 1990

23/1995

Mar 7, 1995

date specified

Mar 31, 1995

15/1999

Apr 1, 1999

date specified

Mar 12, 1999

57/1999

May 26, 1999

date specified

Jun 18, 1999

124/1999

Nov 10, 1999

date specified

Dec 3, 1999

66/2004

May 1, 2004

date specified

 

51/2007

Feb 13, 2007

date specified

Mar 2, 2007

101/2007

May 1, 2007

date specified

Mar 30, 2007

158/2008

Jun 1, 2008

date specified

Apr 18, 2008

100/2009

Jun 1, 2009

date specified

Apr 14, 2009

72/2011

Jun 1, 2011

date specified

Apr 15, 2011

98/2013

Jun 1, 2013

date specified

Apr 12, 2013

77/2014

Jun 1, 2014

date specified

Jun 13, 2014

97/2015

Jun 1, 2015

date specified

Apr 8, 2015

117/2016

Sep 1, 2016

date specified

Jun 24, 2016

118/2016

Sep 1, 2016

date specified

Jun 24, 2016

32/2019

Feb 20, 2019

date specified

Mar 15, 2019

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

1 ........................................................

ra. as 1A 32/2019

1(1)...............................................

rep. 118/2016

1........................................................

ad. 32/2019

1A.....................................................

ra. from 1 32/2019

2........................................................

rs. 90/1990

2(3)..............................................

am. 51/2007

3........................................................

rs. 90/1990

3(1)(b).........................................

am. 51/2007

3(2)(a)..........................................

am. 118/2016

3(2)(b).........................................

am. 51/2007

3(3)..............................................

rep. 118/2016

3(3A)...........................................

ad. 51/2007; rep. 118/2016

3(4)..............................................

rep. 118/2016

3(5)..............................................

rs. 57/1999

3(5)(c)..........................................

rs. 118/2016

3(6)..............................................

am. 51/2007

3A-3G...............................................

ad. 118/2016

4........................................................

rep. 90/1990

5(1)...................................................

am. 118/2016

5(4)...................................................

am. 117/2016

5A.....................................................

ad. 90/1990

5A(2)(a).......................................

am. 118/2016

5A(2)(b)......................................

rs. 51/2007

5A(3)(a).......................................

am. 51/2007, 118/2016

5A(3A)........................................

ad. 51/2007

7........................................................

fc. 15/1999; am. 118/2016

8(2)...................................................

rs. 90/1990

8(2)(b)..........................................

am. 51/2007

8(2)(c)..........................................

ad. 51/2007

8(3)...................................................

rs. 90/1990

8(3)(c)..........................................

ad. 51/2007

9(2)...................................................

rep. 23/1995

9(3)...................................................

rep. 90/1990

10......................................................

rep. 90/1990

11(1).................................................

am. 90/1990

11(1)(3)(c)....................................

am. 117/2016

11(2)(a)-(b).......................................

am. 118/2016

11(3)-(4)...........................................

am. 118/2016

11(5).................................................

am. 51/2007, 118/2016

11(6)-(8)...........................................

ad. 90/1990

12......................................................

am. 90/1990

12A...................................................

ad. 90/1990

12A(1).........................................

rs. 51/2007; am. 118/2016

12A(1A)......................................

ad. 51/2007

12A(2)-(3)...................................

rs. 23/1995; am. 118/2016

12A(4)-(5)...................................

am. 118/2016

12B. ..................................................

ad. 19/1990

12B(1).........................................

rs. 57/1999

13(1).................................................

am. 90/1990, 77/2014

13(1)(a)-(b)..................................

ad. 90/1990; am. 15/1999; rep. 77/2014

13(1)(c)........................................

ad. 15/1999; rep. 77/2014

13(1)(d)........................................

ad. 57/1999; rep. 77/2014

13(2).................................................

rep. 90/1990; ad. 77/2014; am. 118/2016

13(2), table row: “Funeral director’s written examination”.................

ad. 118/2016

13(3)-(4).......................................

rep. 90/1990

14......................................................

fc. 90/1990, 15/1999; rs. 77/2014

14, table row: “Apprentice funeral director’s license”.......................

ad. 118/2016

15......................................................

fc. 90/1990, 15/1999; rep. 77/2014

15......................................................

ad. 118/2016

16......................................................

fc. 90/1990, 15/1999; rep. 77/2014

16A-16C...........................................

ad.15/1999

17(3).................................................

am. 118/2016

17(4).................................................

fc. 90/1990, 23/1995, 66/2004, 101/2007, 158/2008, 100/2009, 72/2011, 98/2013, 97/2015

17A...................................................

ad. 124/1999

18(2)(b)-(c).......................................

am. 117/2016

18(2)(g)-(i).......................................

rep. 117/2016

18(3)(a)-(b).......................................

am. 117/2016

18(3)(c).............................................

rep. 117/2016

18(5)(a).............................................

rep. 117/2016

18(5)(b).............................................

am. 117/2016

18(5)(c).............................................

rep. 117/2016

18(6).................................................

rep. 117/2016

18(8)-(9)...........................................

am. 117/2016

18(10)...............................................

rep. 117/2016

18(11)...............................................

ad. 253/1984; am. 117/2016

18A...................................................

ad. 15/1999

18B...................................................

ad. 117/2016

18C...................................................

ad. 32/2019

20(a).................................................

am. 118/2016

20(d).................................................

am. 117/2016

21......................................................

am. 118/2016

“admission to practice” replaced throughout with “admission to practise”........................................................

am. 118/2016

Kingstec Community College” replaced throughout with “the Kingstec Campus of the Nova Scotia Community College”.........................................

am. 51/2007

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The text from item 1 of O.I.C. 84-1172 (N.S. Reg. 253/1984) is included at the end of the consolidation, although it is not worded as an amendment to these regulations.

 

2

The reference to clause 1(da) in the text referenced in note 1 of this table should be read as a reference to clause 2(e) of R.S.N.S. 1989, c. 144.

Feb 2, 1990
(date R.S.N.S. in force)

3

The text from item 1 of O.I.C. 84-1172 (N.S. Reg. 253/1984) is repealed by N.S. Reg 124/1999.

 

4

The references to the Health Act should be read as references to the Health Protection Act in accordance with S.N.S. 2004, c. 4 (the Health Protection Act).
(corrected by N.S. Reg 117/2016)

Nov 1, 2005

5

The references to the Department of Education should be read as a reference to the Department of Education and Early Childhood Development in accordance with Order in Council 2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg 51/2007 and 117/2016)

April 4, 2013

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.