Lesson 2: Administration and Enforcement Flashcards
Act
a statute passed by a legislative body following public debate, when it is first conceived it is called a bill and once the bill gets passed it is an act and the law, it is difficult and costly to change an act of legislature or parliament and involves a lengthy process of public consultation and debate is legislative assembly, or in parliament for federal laws. costly process to taxpayers and involves all political parties, can take up to 2 years, acts are not changed often. Written in general terms with the regulations being more specific because they are easier to change.
Regulations
can be adjusted or changed more easily compared to acts, require cabinet approval for changes, without the cost or delay of changing an act, have the power of the law but do not exceed the power of an act, can be changed to meet changing conditions, don’t require legislative debate only cabinet approval. administered and enforced by the minister responsible for the act, or they can delegate the authority to a board, agency, or member of their staff.
Bylaw
will include even more specific pieces of regulation that cover more detail about certain topics already covered in the act and/or regulations, can be easily updated as changes become necessary
Minister of Service Alberta
each province has a minister responsible for overseeing laws and regulations that regulate the funeral service profession, they will work under a specific department in the province, since the minister deals with many responsibilities and duties they don’t generally have time to worry about the funeral profession which is why a regulatory board or agency gets mandated and assigned this responsibility
Alberta Funeral Services Regulatory Board (AFSRB)
3 industry board members elected or appointed (based on province) and 3 public board members appointed by the minister
Inspector
the board that represents the inspector has uninhibited (free and unrestricted) power in the inspection process. they can enter a place of business at any reasonable time and inspect, audit, or examine records, documents or pertinent items, they can inquire into matters by interviewing individuals and inspecting facilities, vehicles, etc. the employee and licensee of the FH must comply with investigators, they must not obstruct the process, the agency/board may copy or remove any pertinent paperwork but must return confiscated items within a reasonable time frame, as a result of the inspection the agency/board may take disciplinary action against a licensee by setting fines and restrictions, and can penalize, cancel, suspend, or revoke a license.
Responsibilities of the AFSRB
licensing of funeral homes and individuals, investigations, and inspections, their main mandate is to protect the public, a primary concern is to deal with complaints from the public and follow through with potential consequences, board members serve a term
administer, regulate, and enforce the funeral service acts and regulations
approve funeral service schools
increase standards in the profession, issue and renew licenses for a funeral home, funeral director, and embalmer
revoke, suspend, cancel and/or suspend licenses
issue fines and/or penalties
perform investigations based on complaint issues
perform inspections
revise, amend, and make regulations under an act
who does the regulatory board (AFSRB) report to?
The Minister of Service Alberta
What act and/or regulation does the AFSRB administer and enforce?
The Funeral Services Act
Funeral Services Act General Regulations
what is the process to change an act?
can take up to 2 years or longer, costs a lot of taxpayer money, time and effort of politicians, clerks, lawyers and many sessions in the legislative assembly, provincially involves 3 separate readings of the act in the legislative assembly, involves public debate, has to be passed by the legislative assembly and has to be given approval or “Royal Assent” from the Lieutenant Governor
what is the process to change a regulation?
does not require public debate or the involvement of all political parties like an act does, does not require royal asses from the Lt Gov. involves more frequent updates and changes, is not as costly or time consuming as changing an act, can be changed by the minster responsible for the act along with the cabinets approval
what are the obligations of the board members of the AFSRB?
must disclose any situations that may be a conflict of interest, maintain confidentiality, cannot acceot gifts, should limit use of locations and resources for personal reasons, must be work appropriate content, follow related policies, procedures, and laws, comply with AFSRB code of conduct, meet eligibility requirements set
How are the industry members of the board chosen in Alberta?
industry members are elected from licensed professionals- each funeral service regulatory board has one vote, three industry members are elected
what is the term that board members serve in Alberta?
board members serve a term of 3 years and can serve two consecutive terms for a total of 6 years. The Minister may extend term for any of the members
How are the public members of the board chosen in Alberta?
3 public members are appointed by the minister and are not to be associated with the funeral profession
