Funeral Providers

The Pre-arranged Funeral Services Act regulates the sale of prearranged funeral plans.

A pre-arranged funeral is an agreement between a funeral planner and a person, made before death, that spells out the details and services that will be provided at the person’s funeral.

When someone purchases a pre-arranged funeral plan, the funeral provider must use a standard form of contract (Form 2 - Standard form of pre-arranged funeral plan), issued by the Consumer Affairs Division, to ensure that all the essential information is disclosed. The funeral director must provide a receipt when the payment is made and must also provide proof of deposit to show that the funds have been deposited in trust, in the purchaser's name, at a financial institution.

The Act provides the purchaser with a seven-day cancellation period, in which the consumer may not be charged a cancellation fee.

Licensing

The Pre-arranged Funeral Services Act requires that the funeral provider (funeral home) and a manager (licensed funeral director) hold a valid licence to offer this service. The funeral provider must employ or contract a manager to act on its behalf for each location that provides funerals in New Brunswick. The licensed manager will represent the licensed funeral provider in all matters relating to its licensed activities under the Act.

How to apply

Those wishing to obtain a funeral provider’s licence under the Pre-arranged Funeral Services Act must:

• register the business with Service New Brunswick’s Corporate Registry. If the business is using more than one business name, these names must also be registered.
• submit a completed and signed application for licence as a funeral provider
• submit a copy of the trust agreement made between the funeral provider and a financial institution
• provide proof that the applicant is licensed as a funeral provider under the Embalmers, Funeral Directors and Funeral Providers Act
• submit a non-refundable application fee of $250, payable to the Financial and Consumer Services Commission
• submit a completed Form 1 - Report on Pre-arranged Funeral Plans by March 31

Additionally, all new applicants are required to attach a completed criminal record check, conducted at a detachment of the RCMP or a municipal or provincial police force, or an approved background check vendor, which has been issued in the last six months.

A funeral provider’s licence is valid for a term of 12 months. When a licence renewal application is filed after the last issued licence has expired, the applicant must pay the renewal application fee ($250) plus a late fee equivalent to half of the application fee ($125).

The standard licence application processing time is 10 business days after we receive a complete application. If expedited service (two business days for processing) is requested, the applicable fee is double ($500). Whether standard or expedited service is selected, we will follow our standard licensing processes and issue a licence only to suitable applicants who have submitted a complete application.

Applicants wishing to obtain a manager’s licence under the Pre-arranged Funeral Services Act must:

• submit a completed and signed application for licence as a manager
• submit proof that the applicant is licensed as a funeral director under the Embalmers, Funeral Directors and Funeral Providers Act
• submit a non-refundable application fee of $250, payable to the Financial and Consumer Services Commission

Additionally, all new applicants are required to attach a completed criminal record check, conducted at a detachment of the RCMP or a municipal or provincial police force, or an approved background check vendor, which has been issued in the last six months.

Manager licences are valid for up to one year and expire on the same date as the licence of the Funeral Provider they are employed by. For example, if a manager becomes licensed two months after the Funeral Provider has been licensed, the manager’s licence will be valid for only 10 months. When a licence renewal application is filed after the last issued licence has expired, the applicant must pay the renewal application fee ($250) plus a late fee equivalent to half of the application fee ($125).

The standard licence application processing time is 10 business days after we receive a complete application. If expedited service (two business days for processing) is requested, the applicable fee is double ($500). Whether standard or expedited service is selected, we will follow our standard licensing processes and issue a licence only to suitable applicants who have submitted a complete application.