CASE ASSESSMENT REPORT

Investigator: Mark McKay

Date: 2014.12.08

Supplier: George Westwood

Complainant:

Physical Address:
205 Bay St, Queen Charlotte B.C. V0T 1S0

Consumer Protection BC
200-4946 Canada Way, Burnaby, B.C.
V5G4H7

Mailing Address:
As Above

SUMMARY OF COMPLAINT:
On March 13th, 2012, Consumer Protection BC received information from the Funeral Service Association of BC. As
a result of this information Consumer Protection BC opened Investigation File #27948 naming Mr. George
Westwood as respondent.
The focus of the investigation is to determine whether the respondent, is contravening section 55(1)(b) of CIFSA
by acting as an unlicensed funeral provider.
The file was originally assigned to Consumer Protection BCs Compliance Inspector Van Meenen (previous
employee). Following Inspector Van Meenens departure from Consumer Protection BC this file was assigned to
Consumer Protection BCs Compliance Inspector McKay in September, 2013.

ISSUES RAISED:
1.

Is Mr. Westwood an individual, who in the course of business, acts or holds himself out as a funeral provider
as defined in CIFSA?

2.

Is Mr. Westwood an individual, who in the course of business act as a funeral director as defined in CIFSA?

3.

Is Mr. Westwood as defined in CIFSA is offering funeral services?

4.

If it is shown Mr. Westwood is functioning as an unlicensed funeral director and directed to cease operating,
what is the impact on consumers. (Nearest funeral director is located in Prince Rupert 95 Nautical Miles
away).

JURISDICTION:
1.

Consumer Protection BC is specifically mandated to receive complaints, conduct inspections, undertake

enforcement action and generally ensure compliance with the provisions of the BPCP Act. This includes
ensuring suppliers in BC comply with the requirements related to Part 2 of the BPCP Act related to consumer
transactions.

2.

As a matter of practice, Consumer Protection BC Compliance Inspectors review business practices and form
opinions related to compliance with the Act and Regulation(s).

COMPELING CIRCUMSTANCES/RISK:
1. Potential media attention of an unlicensed Funeral Provider operating within the province of British
Columbia.
2. The scope of potential harm to consumers using the services of an unlicensed Funeral Provider.
3. Possible complaints bought forward by the Funeral Services Association of BC, licensed Funeral Providers and
consumers within the province of British Columbia knowing there is potentially an unlicensed Funeral Provider
operating within B.C.
4. How long will Mr. Westwood continue this service to the people of Queen Charlotte & surrounding
communities? If/when Mr. Westwood ceases this service, who will continue this service?
5. If Mr. Westwood is directed by Consumer Protection BC to cease offering this service, what impact will this
have on the people of Queen Charlotte & surrounding communities?
6. Nearest licensed Funeral Provider from Queen Charlotte is located in Prince Rupert, which is 95 Nautical
Miles (175.94 kilometers) away.

ACTIONS/INFORMATION TO DATE:
1. Consumer Protection BC advised Mr. Westwood of the file initiation and pending attendance of Compliance
Inspector McKay to Queen Charlotte to interview Mr. Westwood and review his practices.
2. Compliance Inspector McKay attended Queen Charlotte on 21st October 23rd October, 2014, and
interviewed Mr. Westwood, spoke with the City of Queen Charlotte and reviewed Mr. Westwoods practices.
3. Consumer Protection BC received correspondence from the Ministry of Social Development in August &
September 2013 that confirms the Ministry of Social Service has invoiced Mr. Westwood for funeral services in
Queen Charlotte and surrounding communities.
4. During investigation, Mr. Westwood confirmed when offering services to families he is does not charge a fee
and does not invoice these families. The only time in which Mr. Westwood submits an invoice is to the Ministry
of Social Service to cover the expenses of the funeral service for the respective families (3 rd party expenses).
5. During attendance in Queen Charlotte, Compliance Inspector McKay spoke with The City of Queen Charlotte
and can confirm Mr. Westwood is highly regarded in the local community and is accepted and viewed upon as
the trusting funeral director for Queen Charlotte and surrounding communities.
6. Mr. Westwood is accepted by The Haida society and its permitted to oversee Haida Burial Customs.
7. Compliance Inspector McKay established during his visit to Queen Charlotte that it appears human remains
are treated in a dignified and respectful manner by Mr. Westwood. Mr. Westwood works closely with the local
hospital and Coroner dealing with human remains and grieving families.

ANALYSIS:
Provide Mr. Westwood a Warning Letter detailing the legislative requirement in the province of British
Columbia that an individual, who in the course of business, acts or holds himself out as a funeral provider as
defined in CIFSA is to be licensed as a Funeral Director.