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AR 247/98 COMMERCIAL CEMETERIES REGULATION

(Consolidated up to 172/2013)

ALBERTA REGULATION 247/98

Cemeteries Act

COMMERCIAL CEMETERIES REGULATION

Table of Contents

               1      Definitions


               2      Perpetual care funds

               3      Annual trust income to owner

               4      Licensing of business

               5      Licensing of salesperson

               6      Change of a salespersons agency

               7      Training programs

               8      Continuing education

               9      Transfer of money to authorized trustee

             10      Period for transfer exemption

             11      Maximum administration fee

             12      Trustees remuneration

             13      Reporting to Director

             18      Repeal

             19      Expiry

             20      Coming into force

Definitions

1   In this Regulation,

                             (a)   “Act” means the Cemeteries Act;

                             (b)   “fiscal year” means the fiscal year of the owner;

                             (c)   “owner” means

                                      (i)   CGRM Holdings Ltd.;

                                     (ii)   Memorial Gardens Association (Alberta) Limited and Memorial Gardens Canada Limited;

                                    (iii)   Calgary Crematorium Limited;

                                    (iv)   Bow City Community Hall.

AR 247/98 s1;332/2003

Perpetual care funds

2(1)  For the purposes of section 34(1)(a) of the Act, the initial amount required to be set aside in a perpetual care fund

                             (a)   by the owner of a cemetery is $10 000 per hectare of the cemetery to a maximum amount of $100 000, and

                             (b)   by the owner of a mausoleum or columbarium is $50 000.

(2)  For the purposes of sections 33(1) and 34(1)(b) of the Act, the percentage of each transaction required to be set aside in a perpetual care fund by the owner of a cemetery, mausoleum or columbarium is as follows:

                             (a)   at least 15% of all money received by the owner from the sale, lease or rental of each lot in the cemetery and of each compartment or other space in the mausoleum or columbarium;

                             (b)   at least 10% of all money received by the owner from the sale of each monument or marker.

AR 247/98 s2;251/2001;332/2003

Annual trust income to owner

3(1)  In this section,

                             (a)   “income” does not include any deposits made under section 33 of the Act in the year income is payable to the owner;

                             (b)   “trust” means

                                      (i)   the funds deposited with an authorized trustee under section 33(2) of the Act,

                                     (ii)   any amounts deposited under section 34(3) of the Act and not recovered under the Act, and

                                    (iii)   any amount deposited by the Minister with an authorized trustee to establish a perpetual care fund for the Saamis Prairie View Cemetery, formerly known as the Chapel Lawn Cemetery (Medicine Hat).

(2)  An authorized trustee shall pay from a trust to the owner of the cemetery, mausoleum or columbarium to which the trust relates a monthly instalment of the income of that trust, consisting of not more than 90% of the income for the month immediately preceding the month in which the payment is made, less any remuneration deducted under section 37 of the Act.

(3)  At the end of each fiscal year, an authorized trustee shall retain and add to the capital of a trust the balance of the total annual income of the trust that remains after making the payments and deductions referred to in subsection (2), which must not be less than 10% of the total annual income from the trust.

(4)  In determining the income of a trust for the purposes of this section, no consideration shall be given to any capital gain earned or capital loss incurred by the investment of the trust.

AR 247/98 s3;251/2001;332/2003

Licensing of business

4(1)  A pre‑need contract sales licence issued under section 43(2)(a) of the Act authorizes a business to solicit to enter or enter into pre‑need contracts under which that business promises to provide, or to arrange for the provision of, cemetery supplies or cemetery services or both.

(2)  A person applying for the issuance or renewal of a pre‑need contract sales licence under section 43(2)(a) of the Act shall

                             (a)   make application to the Director on the form set by the Director, and

                             (b)   accompany the application with

                                      (i)   any information required by the Director, and

                                     (ii)   the fee set by the Director.

(3) A pre‑need contract sales licence issued under section 43(2)(a) of the Act and any renewal of that licence expire on the following March 31.

AR 247/98 s4;251/2001

Licensing of salesperson

5(1)  A pre‑need contract sales licence issued under section 43(2)(b) of the Act authorizes a person to solicit to enter or enter into pre‑need contracts as an agent for a person who holds a pre‑need contract sales licence issued under section 43(2)(a) of the Act.

(2)  A person applying for the issuance or renewal of a pre‑need contract sales licence under section 43(2)(b) of the Act shall

                             (a)   make application to the Director on the form set by the Director,

                          (a.1)   authorize the Director to conduct a criminal record check, and

                             (b)   accompany the application with

                                      (i)   proof that the applicant has successfully completed

                                            (A)   a training program provided or approved under section 7, in the case of an application for the issuance of a licence, or

                                             (B)   any continuing education requirements under section 8, in the case of an application for the renewal of a licence,

                                     (ii)   the name and address of each business location of any person who holds a pre‑need contract sales licence issued under section 43(2)(a) of the Act for whom the applicant will act as an agent in the sale of pre‑need contracts,

                                  (ii.1)   if required by the Director, proof that the applicant has successfully passed an exam under subsection (4),

                                    (iii)   any other information required by the Director, and

                                    (iv)   the fee set by the Director.

(3)  A pre‑need contract sales licence issued under section 43(2)(b) of the Act and any renewal of that licence expire on the following March 31.

(4)  The Director may require

                             (a)   an applicant for an initial pre‑need contract sales licence under section 43(2)(b) of the Act, and

                             (b)   an applicant who is applying for a renewal of a pre‑need contract sales licence under section 43(2)(b) of the Act and whose licence has been expired for more than 2 years

to write an exam prescribed by the Director.

AR 247/98 s5;251/2001;332/2003

Change of a salespersons agency

6   A person who holds a pre‑need contract sales licence issued under section 43(2)(b) of the Act must notify the Director in writing within 5 days of any change to the information provided under section 5(2)(b)(ii).

AR 247/98 s6;251/2001

Training programs

7(1)  The Director may provide or approve training programs for persons applying for the issuance of a pre-need contract sales licence under section 43(2)(b) of the Act and may charge fees for registration in any program that is provided by the Director.

(2)  The Director shall make available on request of any person a list of the training programs that have been approved by the Director.

AR 247/98 s7;251/2001

Continuing education

8   The Director may require any person who holds a pre-need contract sales licence issued under section 43(2)(b) of the Act to complete continuing education programs and courses.

AR 247/98 s8;251/2001

Transfer of money to authorized trustee

9   For the purposes of section 45(1) of the Act, the period within which a seller must transfer to an authorized trustee all money held in trust from the sale of a pre‑need contract is 5 days, excluding Saturdays and holidays as defined in the Interpretation Act, from the date upon which the cancellation period under section 67(1) of the Act expires.

AR 247/98 s9;251/2001;332/2003

Period for transfer exemption

10   The period provided for the purposes of section 45(2)(a) of the Act is 180 days.

AR 247/98 s10;251/2001

Maximum administration fee

11   For the purposes of section 46(3) of the Act, an administration fee shall not exceed the total of

                             (a)   15% of the total amount specified in the contract, and

                             (b)   15% of the interest earned on the amount referred to in clause (a), up to the date the administration fee is withdrawn.

AR 247/98 s11;251/2001;332/2003

Trustees remuneration

12   An authorized trustee may, as remuneration for services rendered, deduct and retain in each year a reasonable fee from the income received in that year from the investment of money held in a pre‑need assurance fund.

Reporting to Director

13(1)  An owner shall provide information under section 38 of the Act to the Director within 120 days of each fiscal year end or such longer period as the Director considers acceptable.

(2)  A seller shall provide information under section 48 of the Act to the Director within 120 days of each fiscal year end of the seller or such longer period as the Director considers acceptable.

AR 247/98 s13;251/2001

14 to 17   Repealed AR 332/2003 s8.

Repeal

18   The General Regulation (AR 42/96) is repealed.

Expiry

19   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2018.

AR 247/98 s19;332/2003;172/2013

Coming into force

20   This Regulation comes into force on December 1, 1998.