2. This Act applies to every prearranged funeral services contract and to every prepurchased sepulture contract, except, subject to section 81.1, a contract entered into without intermediary by a buyer and the operator of a religious cemetery for the sole provision of property, an item of goods or a service in the cemetery. This Act, except Chapter II, excluding section 3, Chapters III and IV, excluding section 39, and Chapter V, also applies, with the necessary modifications, to contracts relating to funeral services or a sepulture entered into after a death.
A prearranged funeral services contract is a contract entered into with a living person whereby funeral services are provided to that person upon or in connection with his death, in consideration of partial or total payment before the death.
Funeral services are the services and goods required before the burial or cremation of a deceased person, as well as the burial or cremation and the other services or goods provided by reason of or in connection with a death, except a sepulture and its maintenance.
A prepurchased sepulture contract is a contract for the purchase of a right of use or for the purchase of maintenance services in respect of a sepulture intended for the remains of one or several persons not deceased at the time of the purchase, in consideration of total or partial payment before the death.
A sepulture is a lot, plot, compartment or other space in a cemetery, columbarium, mausoleum or any other place used for the same purposes.
The expression “operator of a religious cemetery” means a person authorized by the competent religious authority to operate or manage a cemetery established by the religious authority pursuant to an Act of Québec which empowers it to do so.
1987, c. 65, s. 2; 2018, c. 14, s. 2.