BILL 41

An Act to Amend the Pre-arranged Funeral Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Pre-arranged Funeral Services Act, chapter P-14 of the Revised Statutes, 1973, is amended

(a)  by repealing the definition “pre-arranged funeral plan” and substituting the following:

“pre-arranged funeral plan” means an agreement whereby in consideration of payment therefor in advance, by a lump sum or instalments, a person contracts to provide funeral services for a person alive at the time the agreement is entered into, but does not include an agreement whereby a person contracts to provide such funeral services in consideration of payment of the proceeds of an insurance policy payable upon the death of the person for whom the funeral services are to be provided; (arrangement préalable d’obsèques)

(b)  by repealing the definition “funeral services” and substituting the following:

“funeral services” means any services and commodities usual in the preparation for burial or cremation of the dead and the burial or cremation of the dead other than the supplying of lots, burial vaults, grave markers, vases and services rendered or to be rendered at the cemetery; (services de pompes funèbres)

CONSEQUENTIAL AMENDMENTS

An Act to Amend the Pre-arranged Funeral Services Act

2(1) Subparagraph 1(b)(i) of An Act to Amend the Pre-arranged Funeral Services Act, chapter 20 of the Acts of New Brunswick, 2006, is repealed.

2(2) Section 17 of the Act is amended in subsection 8(3) as enacted by section 17 by striking out “on the request of the purchaser” and substituting “on the request of the purchaser or the purchaser’s legal representative”.

COMMENCEMENT

3 Subsection 2(2) of this Act comes into force on a day to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a)  The existing definition is as follows:

“pre-arranged funeral plan” means an agreement whereby in consideration of payment therefor in advance, by a lump sum or instalments, a person contracts to provide funeral services for a person alive at the time the agreement is entered into; (arrangement préalable d’obsèques)

(b)  The existing definition is as follows:

“funeral services” means any services and commodities usual in the preparation for burial and the burial of the dead other than the supplying of lots, burial vaults, grave markers, vases and services rendered or to be rendered at the cemetery; (services de pompes funèbres)

Section 2

1)  Consequential amendment.

2)  Consequential amendment.

Section 3

Commencement provision.