A-23.001, r. 2 - Regulation respecting the register of prearranged funeral services contracts and prepurchased sepulture contracts

Updated to 18 January 2021

This document has official status.

chapter A-23.001, r. 2

Regulation respecting the register of prearranged funeral services contracts and prepurchased sepulture contracts

Act respecting arrangements for funeral services and sepultures

(chapter A-23.001, s. 81.1, 1st and 2nd pars.).

CHAPTER I DEFINITIONS

M.O. 2020-4211, c. I.

1. In this Regulation, unless the context indicates otherwise,

(1)  “buyer” means the party to a contract referred to in section 2 who undertakes to pay for the property, goods or services stipulated in the contract;

(2)  “seller” means the party to a contract referred to in section 2 who undertakes to provide the property, goods or services stipulated in the contract.

M.O. 2020-4211, s. 1.

CHAPTER II ESTABLISHMENT AND USE OF THE REGISTER

M.O. 2020-4211, c. II.

2. The register of prearranged funeral services contracts and prepurchased sepulture contracts, concerning the following contracts, is hereby established:

(1)  prearranged funeral services contracts, regardless of whether total or partial payment must be made before or after death;

(2)  prepurchased sepulture contracts, regardless of whether total or partial payment must be made before or after death;

(3)  contracts entered into before death without intermediary by a buyer and the operator of a religious cemetery for the provision of property, an item of goods or a service in the cemetery.

M.O. 2020-4211, s. 2.

3. The register is computerized.

M.O. 2020-4211, s. 3.

4. No person may use the register or the information contained therein except in accordance with this Regulation.

M.O. 2020-4211, s. 4.

CHAPTER III CONSULTATION OF THE REGISTER AND INFORMATION

M.O. 2020-4211, c. III.

5. Only the following persons, after proving a legitimate interest, may be informed of the existence of a contract by the seller:

(1)  potential buyers, that is the person who intends to be a party to a contract referred to in section 2 or to a funeral services or sepulture contract entered into after death;

(2)  persons for whom the goods or services stipulated in a contract may be intended, as well as the persons’ liquidators, successors, mandataries acting under a protection mandate, tutors or curators and their mandataries.

M.O. 2020-4211, s. 5; M.O. 2020-4374, s. 1.

6. At the request of a person referred to in section 5, the seller must consult the register if the person provides

(1)  his or her name and capacity;

(2)  the information allowing identification of the buyer or the person for whom the goods or services stipulated in a contract may be intended.

The seller must inform that person of the existence of a contract and give the person proof in writing of the computerized consultation of the register.

M.O. 2020-4211, s. 6; M.O. 2020-4374, s. 2.

7. The seller may not enter into a contract referred to in section 2 or a funeral services or sepulture contract entered into after death without having first consulted the register and informed the potential buyer of the existence of a contract concerning the person for whom the goods or services stipulated in the proposed contract are intended. To that effect, the seller gives the buyer proof in writing of the computerized consultation of the register.

In view of the consultation of the register by the seller, potential buyers must provide the information referred to in subparagraphs 1 and 2 of the first paragraph of section 6.

M.O. 2020-4211, s. 7.

8. The Public Curator may, in the discharge of duties, consult the register to be informed of the existence of a contract.

The same applies to the Chief Coroner’s office and the Minister of Health and Social Services regarding the existence of a contract in respect of a deceased person whose body has not been claimed.

M.O. 2020-4211, s. 8.

9. The consultation of the register is free of charge.

M.O. 2020-4211, s. 9.

CHAPTER IV ENTRY AND MODIFICATION IN THE REGISTER

M.O. 2020-4211, c. IV.

10. The seller must enter the following information in the register not later than 45 days after entering into the contract:

(1)  the number of the contract;

(2)  the date on which the contract was made;

(3)  the nature of the contract;

(4)  the seller’s name and address and, if applicable, the number of the seller’s funeral services business licence and Québec business number (QBN) assigned by the enterprise registrar;

(5)  the name, address and date of birth of the buyer or, in the case of a prearranged funeral services contract referred to in paragraph 1 of section 2 and where the goods or services are not intended for the buyer, the name, address and date of birth of the person.

Where a contract concerns more than one person, the information referred to in subparagraph 5 of the first paragraph must be entered in the register for each person.

M.O. 2020-4211, s. 10.

11. The fees for entering all of the information referred to in section 10 are $10 for contracts the total payment of which is less than $1,000.

The fees are $30 for contracts the total payment of which is $1,000 or more.

The seller must pay those fees.

M.O. 2020-4211, s. 11.

12. The fees for making entries paid by the seller are refunded if the buyer cancels the contract within 45 days after it is entered into.

M.O. 2020-4211, s. 12.

13. The seller is required to update the information in the register not later than 45 days after any modification to a contract.

M.O. 2020-4211, s. 13.

14. The seller must enter the date of cancellation of a contract in the register not later than 45 days after that date.

The seller must also enter the date on which all the goods and services covered in the contract have been provided.

M.O. 2020-4211, s. 14.

15. Any modification to the register made in accordance with section 13 or 14 is free of charge.

M.O. 2020-4211, s. 15.

CHAPTER V OFFENCES

M.O. 2020-4211, c. V.

16. Every person who contravenes sections 4 and 6 and the first paragraph of section 7 is guilty of an offence and is liable to a fine of $1,500 to $10,000.

M.O. 2020-4211, s. 16.

17. Every person who contravenes sections 10, 11, 13, 14 and 18 is guilty of an offence and is liable to a fine of $500 to $10,000.

M.O. 2020-4211, s. 17.

CHAPTER VI TRANSITIONAL AND FINAL

M.O. 2020-4211, c. VI.

18. The seller must, not later than 18 July 2022, enter in the register any information referred to in section 10 the seller has with regard to all contracts in force entered into before 18 January 2021.

Despite the foregoing, in the case of a contract in force referred to in paragraph 3 of section 2 entered into before 18 January 2021, a seller who operates a religious cemetery and who does not hold a permit issued under the Funeral Operations Act (chapter A-5.02) on that date must, not later than 18 July 2023, enter in the register any information referred to in section 10 the seller has with regard to the contract.

Despite section 11, any entry in the register made in accordance with this section is free of charge.

M.O. 2020-4211, s. 18; M.O. 2020-4374, s. 3.

19. (Omitted).

M.O. 2020-4211, s. 19.

REFERENCES

M.O. 2020-4211, 2020 G.O. 2, 268

M.O. 2020-4374, 2020 G.O. 2, 3423