To set and maintain the highest level of competence, ethics and educational standard for funeral service professionals.

 

Disciplinary Action

IN THE MATTER OF THE FUNERAL SERVICES ACT, RSA 2000, CHAPTER F-29, AS AMENDED AND RELATED REGULATIONS

AND IN THE MATTER OF A HEARING BEFORE THE ALBERTA FUNERAL SERVICES REGULATORY BOARD REGARDING THE FUNERAL DIRECTOR LICENCE OF HARVEY GIESBRECHT

A hearing of the Alberta Funeral Services Regulatory Board (the “Board”) was held March 4, 2016, Edmonton, in the Province of Alberta. The Board derives its authority to make decisions pursuant to section 15 of the Funeral Services Act, R.S.A. 2000, c. F-29 (the “Act”).

 DECISION OF THE BOARD

[1]            It is the decision of the Board that:

  1. Mr. Giesbrecht’s 2015-2016 Funeral Director Licence will not be renewed on April 1, 2016.
  2. Mr. Giesbrecht is prohibited from applying for or submitting an application for a renewal or issuance of a Funeral Director Licence under the Funeral Services Act and related regulations for two years (April 1, 2018).

 REASONS FOR THE DECISION

 [2]            It is the jurisdiction of the Board to impose sanctions for breach of the Act and regulations. The Board has a role in protecting the public from funeral professionals who breach them. The Board is also authorized to set and maintain the highest level of professional and ethical standards for the provision of funeral services in the Province of Alberta.

 

APPEAL  

The following is the decision of the independent Appeal Board appointed by the Minster of Service Alberta to hear the appeal in regard to the above decision made by the Alberta Funeral Services Regulatory Board. 

In the Matter of an Appeal pursuant to Section 16 of the Funeral Services Act, RSA 2000, Chapter F-29 Arising From a Decision of the Alberta Funeral Services Regulatory Board Not to Issue a Funeral Director License to Harvey Giescbrecht
August 2, 2016
Appeal Board: Paul Alpern (Chair), Hilda Lupul, Caren Mueller
Representing the Applicant, Harvey Giesbrecht (HG): Nathan Whitling, Liberty Law
Representing the Respondent, the Alberta Funeral Services Regulatory Board: Gwendolyn J. Stewart-Palmer, Shores Jardine LLP
Appeal Heard: June 23, 2016 at Service Alberta offices located at Commerce Place, 10155 – 102 Street, Edmonton, Alberta.

DECISION

Based on our conclusions on the above issues, this Appeal Board quashes the March 17, 2016 decision of the Alberta Funeral Services Regulatory Board not to renew HG’s Funeral Director License and directs that a Funeral Director License be issued to HG immediately with the following conditions:
1. HG shall not negotiate, enter into or otherwise deal with any pre-arranged funeral contracts;
2. HG shall not deal with, or have signing authority with respect to, any trust moneys held for the benefit of any members of the public;
3. HG may practice as a Funeral Director only while employed with DVFS, unless otherwise authorized by the AFSRB;
4. HG shall provide full and unfettered access to the books, records and business premises of DVFS to representatives of AFSRB, including scheduled and unscheduled inspections.


The above conditions shall remain in place until such time as the AFSRB, in its discretion, determines otherwise.
As discussed above, with respect to Issue 2, we find that it is within the discretion of the AFSRB to impose any terms and conditions it considers appropriate on the issuance, renewal or refusal to issue or renew a license, including imposing restrictions on when a prospective licensee can apply or reapply for a license.
No order is made as to costs.
ISSUED and DATED at the City of Edmonton in the Province of Alberta this 2nd day of August, 2016 by the Appeal Board constituted to hear the above referenced matter pursuant to section 16 of the Funeral Services Act.
Paul Alpern (Chair)
Hilda Lupul
Caren Mueller

A PDF containing the entire Appeal Decision can be downloaded here.



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