A-23.001 - Act respecting arrangements for funeral services and sepultures

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31. The amounts deposited in trust on behalf of a determined buyer may be withdrawn only in the following circumstances and proportions and on the following conditions:
(1)  where the contract is cancelled by the buyer pursuant to section 13, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the notice provided for in section 14 and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(2)  where an item of goods or a service under a prearranged funeral services contract is provided after the first deposit in trust pursuant to the contract and before the death of the person for whom the goods or services are intended, an amount equal to the amount set forth in the contract in respect of the goods or services may be withdrawn upon production of the acknowledgement of receipt contemplated in paragraph 1 of section 37 or of a copy of the notice contemplated in paragraph 2 of section 37 and of proof that the buyer has received it;
(3)  where the particulars by means of which the sepulture to be provided under the prepurchased sepulture contract can be located are determined and the sepulture is then available, all the amounts deposited pursuant to the contract may be withdrawn on production of the notice contemplated in section 38 and of proof that the buyer has received it;
(4)  where a prepurchased sepulture contract is cancelled by written agreement between the buyer and the seller, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the agreement and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(5)  where a contract modification entails a reduction in the total amount first established under the contract in respect of goods and services, an amount equal to the reduction may be withdrawn on production of a copy of the contract and modifying document together with a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(6)  following the death of the person for whom the goods or services under a prearranged funeral services contract were intended, all the amounts deposited pursuant to the contract for goods and services purchased for that person may be withdrawn upon production of a sworn declaration of the seller stating that he holds an attestation of the certificate of death contemplated in section 46 of the Public Health Act (chapter S-2.2) in respect of that person, specifying the number of the attestation, describing the goods and services provided following the death and indicating the amount claimed by him;
(7)  where an executory judgment concerning an amount deposited that is still held in trust orders that the amount be paid by the seller or released by the depositary, the amount may be withdrawn on production of a true copy of the judgment.
1987, c. 65, s. 31; 1999, c. 40, s. 23; 2001, c. 60, s. 143; 2015, c. 21, s. 25.
31. The amounts deposited in trust on behalf of a determined buyer may be withdrawn only in the following circumstances and proportions and on the following conditions:
(1)  where the contract is cancelled by the buyer pursuant to section 13, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the notice provided for in section 14 and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(2)  where an item of goods or a service under a prearranged funeral services contract is provided after the first deposit in trust pursuant to the contract and before the death of the person for whom the goods or services are intended, an amount equal to the price set forth in the contract for the goods or services may be withdrawn upon production of the acknowledgement of receipt contemplated in paragraph 1 of section 37 or of a copy of the notice contemplated in paragraph 2 of section 37 and of proof that the buyer has received it;
(3)  where the particulars by means of which the sepulture to be provided under the prepurchased sepulture contract can be located are determined and the sepulture is then available, all the amounts deposited pursuant to the contract may be withdrawn on production of the notice contemplated in section 38 and of proof that the buyer has received it;
(4)  where a prepurchased sepulture contract is cancelled by written agreement between the buyer and the seller, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the agreement and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(5)  where a contract modification entails a reduction in the total price first established under the contract for goods and services, an amount not exceeding the reduction may be withdrawn on production of a copy of the contract and modifying document together with a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(6)  following the death of the person for whom the goods or services under a prearranged funeral services contract were intended, all the amounts deposited pursuant to the contract for goods and services purchased for that person may be withdrawn upon production of a sworn declaration of the seller stating that he holds an attestation of the certificate of death contemplated in section 46 of the Public Health Act (chapter S-2.2) in respect of that person, specifying the number of the attestation, describing the goods and services provided following the death and indicating the amount claimed by him;
(7)  where an executory judgment concerning an amount deposited that is still held in trust orders that the amount be paid by the seller or released by the depositary, the amount may be withdrawn on production of a true copy of the judgment.
1987, c. 65, s. 31; 1999, c. 40, s. 23; 2001, c. 60, s. 143.
31. The amounts deposited in trust on behalf of a determined buyer may be withdrawn only in the following circumstances and proportions and on the following conditions:
(1)  where the contract is cancelled by the buyer pursuant to section 13, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the notice provided for in section 14 and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(2)  where an item of goods or a service under a prearranged funeral services contract is provided after the first deposit in trust pursuant to the contract and before the death of the person for whom the goods or services are intended, an amount equal to the price set forth in the contract for the goods or services may be withdrawn upon production of the acknowledgement of receipt contemplated in paragraph 1 of section 37 or of a copy of the notice contemplated in paragraph 2 of section 37 and of proof that the buyer has received it;
(3)  where the particulars by means of which the sepulture to be provided under the prepurchased sepulture contract can be located are determined and the sepulture is then available, all the amounts deposited pursuant to the contract may be withdrawn on production of the notice contemplated in section 38 and of proof that the buyer has received it;
(4)  where a prepurchased sepulture contract is cancelled by written agreement between the buyer and the seller, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the agreement and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(5)  where a contract modification entails a reduction in the total price first established under the contract for goods and services, an amount not exceeding the reduction may be withdrawn on production of a copy of the contract and modifying document together with a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(6)  following the death of the person for whom the goods or services under a prearranged funeral services contract were intended, all the amounts deposited pursuant to the contract for goods and services purchased for that person may be withdrawn upon production of a sworn declaration of the seller stating that he holds an attestation of the certificate of death contemplated in section 47 of the Public Health Protection Act (chapter P‐35) in respect of that person, specifying the number of the attestation, describing the goods and services provided following the death and indicating the amount claimed by him;
(7)  where an executory judgment concerning an amount deposited that is still held in trust orders that the amount be paid by the seller or released by the depositary, the amount may be withdrawn on production of a true copy of the judgment.
1987, c. 65, s. 31; 1999, c. 40, s. 23.
31. The amounts deposited in trust on behalf of a determined buyer may be withdrawn only in the following circumstances and proportions and on the following conditions:
(1)  where the contract is cancelled by the buyer pursuant to section 13, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the notice provided for in section 14 and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(2)  where an item of goods or a service under a prearranged funeral services contract is provided after the first deposit in trust pursuant to the contract and before the death of the person for whom the goods or services are intended, an amount equal to the price set forth in the contract for the goods or services may be withdrawn upon production of the acknowledgement of receipt contemplated in paragraph 1 of section 37 or of a copy of the notice contemplated in paragraph 2 of section 37 and of proof that the buyer has received it;
(3)  where the particulars by means of which the sepulture to be provided under the prepurchased sepulture contract can be located are determined and the sepulture is then available, all the amounts deposited pursuant to the contract may be withdrawn on production of the notice contemplated in section 38 and of proof that the buyer has received it;
(4)  where a prepurchased sepulture contract is cancelled by written agreement between the buyer and the seller, all the amounts deposited pursuant to the contract may be withdrawn on production of a copy of the agreement and of a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(5)  where a contract modification entails a reduction in the total price first established under the contract for goods and services, an amount not exceeding the reduction may be withdrawn on production of a copy of the contract and modifying document together with a receipt signed by the buyer certifying that an amount equal to the amount claimed has been paid to him;
(6)  following the death of the person for whom the goods or services under a prearranged funeral services contract were intended, all the amounts deposited pursuant to the contract for goods and services purchased for that person may be withdrawn upon production of a sworn declaration of the seller stating that he holds an attestation of the declaration of death contemplated in section 47 of the Public Health Protection Act (chapter P-35) in respect of that person, specifying the number of the attestation, describing the goods and services provided following the death and indicating the amount claimed by him;
(7)  where an executory judgment concerning an amount deposited that is still held in trust orders that the amount be paid by the seller or released by the depositary, the amount may be withdrawn on production of a true copy of the judgment.
1987, c. 65, s. 31.