A-23.001, r. 1 - Regulation respecting the application of the Act respecting arrangements for funeral services and sepultures

Section 5 Disposition versions

2020-05-06

5. A prepurchased sepulture contract must contain the following information:

“Information required under the Act respecting arrangements for funeral services and sepultures.

Prepurchased sepulture contract

(1)  Within 10 days after the contract is made, the seller must, except where he is exempted from doing so by the buyer in writing, forward a copy of the contract to a person designated by the buyer so that that person may be informed of the existence of the contract.

(2)  The contract may be terminated in the following manner:

If the contract was solicited, negotiated or made elsewhere than at the establishment of the seller:

(A) The buyer may terminate the contract without cost or penalty within 30 days from the time when the buyer receives his copy of the contract. Cancellation may be made in either of the following ways:

i.  by returning to the seller or his representative, after having completed and signed it, the form entitled “cancellation form” which must be attached to the copy of the contract;

or

ii.  by sending to the seller or his representative a notice in writing of intent to terminate the contract.

(B) After the 30 days have elapsed, the contract may be terminated only by the consent of the parties, after discussion and agreement with the seller.

OR

If the contract was solicited, negotiated or made at the establishment of the seller:

The contract may be terminated only by the consent of the parties, after discussion and agreement with the seller.

(3)  The collection of a payment by the seller is subject to the following rules:

If the contract was solicited, negotiated or made elsewhere than at the establishment of the seller:

(A) The seller may not collect total or partial payment before 30 days have elapsed from the time when the buyer receives his copy of the contract. Furthermore, he may not provide goods or services before the 30 days have elapsed.

(B) After the 30 days have elapsed, the seller may collect payments and provide goods and services.

OR

If the contract was solicited, negotiated or made at the establishment of the seller:

The seller may collect payments from the signing of the contract and he may also provide goods and services.

(4)  If the particulars by means of which the sepulture can be located are not specified in the contract or if that sepulture is not available at the time when the contract is made, the seller must, within 45 days following the collection of amounts of money, deposit those amounts in a trust account with a depositary (a bank, credit union, trust company or other financial institution). The depositary must inform the buyer in writing of the amount and the date of the first deposit in trust made for him by the seller. That notice must be forwarded to the buyer within 30 days following that first deposit.

(5)  Where the particulars by means of which the sepulture can be located are determined only after the first deposit of money in trust or where that sepulture became available only after that deposit, the seller must send to the buyer a notice informing him of the particulars by means of which the sepulture can be located and indicating that it is available. That notice must also indicate the contract number and the price of the sepulture.

(6)  The seller may not stipulate in a contract an index adjustment clause or any other clause intended to allow him to increase the price of the goods or services under the contract.

(7)  The seller must make available to the public, at all times and in each of his establishments, an up-to-date list of the prices of each item of goods and each service that he offers.

This contract is governed by the Act respecting arrangements for funeral services and sepultures (chapter A-23.001).”.

O.C. 81-88, s. 5.

2012-09-01

5. A prepurchased sepulture contract must contain the following information:

“Information required under the Act respecting prearranged funeral services and sepultures.

Prepurchased sepulture contract

(1)  Within 10 days after the contract is made, the seller must, except where he is exempted from doing so by the buyer in writing, forward a copy of the contract to a person designated by the buyer so that that person may be informed of the existence of the contract.

(2)  The contract may be terminated in the following manner:

If the contract was solicited, negotiated or made elsewhere than at the establishment of the seller:

(A) The buyer may terminate the contract without cost or penalty within 30 days from the time when the buyer receives his copy of the contract. Cancellation may be made in either of the following ways:

i.  by returning to the seller or his representative, after having completed and signed it, the form entitled “cancellation form” which must be attached to the copy of the contract;

or

ii.  by sending to the seller or his representative a notice in writing of intent to terminate the contract.

(B) After the 30 days have elapsed, the contract may be terminated only by the consent of the parties, after discussion and agreement with the seller.

OR

If the contract was solicited, negotiated or made at the establishment of the seller:

The contract may be terminated only by the consent of the parties, after discussion and agreement with the seller.

(3)  The collection of a payment by the seller is subject to the following rules:

If the contract was solicited, negotiated or made elsewhere than at the establishment of the seller:

(A) The seller may not collect total or partial payment before 30 days have elapsed from the time when the buyer receives his copy of the contract. Furthermore, he may not provide goods or services before the 30 days have elapsed.

(B) After the 30 days have elapsed, the seller may collect payments and provide goods and services.

OR

If the contract was solicited, negotiated or made at the establishment of the seller:

The seller may collect payments from the signing of the contract and he may also provide goods and services.

(4)  If the particulars by means of which the sepulture can be located are not specified in the contract or if that sepulture is not available at the time when the contract is made, the seller must, within 45 days following the collection of amounts of money, deposit those amounts in a trust account with a depositary (a bank, credit union, trust company or other financial institution). The depositary must inform the buyer in writing of the amount and the date of the first deposit in trust made for him by the seller. That notice must be forwarded to the buyer within 30 days following that first deposit.

(5)  Where the particulars by means of which the sepulture can be located are determined only after the first deposit of money in trust or where that sepulture became available only after that deposit, the seller must send to the buyer a notice informing him of the particulars by means of which the sepulture can be located and indicating that it is available. That notice must also indicate the contract number and the price of the sepulture.

(6)  The seller may not stipulate in a contract an index adjustment clause or any other clause intended to allow him to increase the price of the goods or services under the contract.

(7)  The seller must make available to the public, at all times and in each of his establishments, an up-to-date list of the prices of each item of goods and each service that he offers.

This contract is governed by the Act respecting prearranged funeral services and sepultures (chapter A-23.001).”.

O.C. 81-88, s. 5.