Lesson 1: An Introduction to Funeral Legislation

Question 1

what are 5 reasons that the government intervenes?

Answer 1

1. to protect human rights, social order, and public record
2. public health and safety
3. care and security of vulnerable members of society
4. security of funds paid for services to be rendered at a later date- in trust
5. ensure public autonomy (free and informed decisions)- price lists, no misleading

Question 2

Alberta Funeral Service Regulatory Board

Answer 2

made up of 3 professional and 3 public members, they enforce acts and regulations, respond to complaints from customers, inspections, issue and renew licenses, can recommend regulatory and act changes, can revoke refuse or cancel licenses, investigate/respond to complaints, approve funeral service schools

Question 3

why did the government have to step in to regulate the care and burial of the dead?

Answer 3

it used to all be taken care of by the church, so when Canada became increasingly multicultural and we developed a stronger democratic government, and as technology progressed there was a stronger need for regulation.

Question 4

reasons why we have regulatory law?

Answer 4

prevent the vulnerable from being taken advantage of, protect public interest as buyer beware doesn’t fully apply to those who are impaired cognitively by grief

Question 5

5 main justifications for government intervention regarding the dead and their disposition

Answer 5

1- protection of human rights, maintenance of public records, and social order
2- public health and safety
3- care and security of the vulnerable members of society
4- security if funds paid for services to be rendered at a future date (in trust)
5- ensure the public can make free and informed decisions

Question 6

social compass

Answer 6

social regulation, has no legal status but has a powerful influence on human behavior, based on shared beliefs, values, and traditions

Question 7

legal compass

Answer 7

government regulation, formal regulation imposed. y government, administers and enforces requirements of the law, power to impose sanctions to those who do not comply

Question 7

moral compass

Answer 7

self regulation, ever-present, internal, and learned capacity to make decisions that are in the best interest of self and others, our desire to be safe and successful

Question 8

who regulates laws specific to the funeral service profession?

Answer 8

the provincial government

Question 8

three fundamental principles of regulatory law?

Answer 8

1. Law is always reactive- not proactive
2. Laws reply on voluntary compliance
3. punitive sanctions are necessary to discipline those who insist on behaving contrary to the law

Question 9

Alberta Act and Regulations

Answer 9

Funeral Services Act
Funeral Services Act- General Regulation

Cemeteries Act
General Regulations
Crematory Regulation
Commercial Cemeteries Regulation
Cemeteries Exemption Regulation
Crematories Designation Regulation

Vital Statistics Act
Vital Statistics Information Regulation
Vital Statistics Transitional Regulation
Vital Statistics Ministerial Regulation

Fatality Inquiries Act
Fatality Inquiries Regulation

Question 10

when and where were embalmer licenses first issued in North America

Answer 10

During the civil war by the US army

Question 11

who were the first embalmers in North America

Answer 11

medical doctors

Question 12

before laws and regulations which factor was most important in enforcing the rules surrounding death and the rituals and disposition of the human body?

Answer 12

religious practices

Question 13

what is the purpose of the Labor Mobility Act?

Answer 13

provide uniformity, equality, and transferability of licenses between Canadian jurisdictions

Question 14

what is the general policy of cemeteries that fall into disrepair and are abandoned?

Answer 14

unless maintained by local community organizations, these cemeteries are left to return to their natural state

Question 15

who is the lieutenant governor in the province

Answer 15

King of England’s representative, it is the Lt. Gov in the province who must give Royal Assent to pass an act

Question 16

what act provides a death benefit to the estate or family of the deceased?

Answer 16

workers compensation act

Question 17

what religious traditions deeply influenced the earliest legislation related to death and disposition?

Answer 17

Roman catholic and protestant traditions

Question 18

reason that laws work in a democratic society?

Answer 18

Because the great majority of people choose to obey it and have agreed to have it enforced

Question 19

Where are cemeteries first established?

Answer 19

Churchyards

Question 20

The Vital Statistics Act

Answer 20

Protection of individual human rights, Recording of births, marriages, and deaths, matters of health, heritage, and inheritance, ensures that burial and disposition are legally documented through a proper process to protect the public

Question 21

The Fatality Inquiries Act

Answer 21

Unexpected, unexplained, and accidental deaths are required by law to be reported to the medical examiner and may be subject to investigation to determine the particulars of the death, due diligence to prevent similar deaths, ME can supersede wishes of deceased family in some cases- such as family not wanting an autopsy done

Question 22

The Cemeteries Act and Prearranged Funeral Services Legislation

Answer 22

When the development of more private cemeteries and subsequent pre-selling of cemetery plots, markers, and vaults became widespread the need for regulation of the trade became evident. Then solicitation for sale of preneed funeral services became common practice and needed regulation. Legislation covers the rules regarding solicitation and handling of money paid for cemetery and funeral good services.