P-40.1, r. 1 - Order in Council respecting the adoption of rules of conduct concerning the sale of prearranged funeral services and sepultures by itinerant merchants

Updated to 1 September 2012

This document has official status.

chapter P-40.1, r. 1

Order in Council respecting the adoption of rules of conduct concerning the sale of prearranged funeral services and sepultures by itinerant merchants

Consumer Protection Act

(chapter P-40.1, s. 315.1).

VOLUNTARY UNDERTAKING

For the purpose of offering buyers of prearranged funeral services and sepultures the highest standards of quality, professionalism, integrity and ethics in strict compliance with the Act, THE SELLER UNDERTAKES AS FOLLOWS:

Rules respecting operations

1. When meeting a consumer or talking with him on the telephone, the Seller or his representative shall identify himself and the firm for which he works.

O.C. 1704-97, s. 1.

2. The Seller or his representative shall always carry an identification card bearing his photograph, his name and the name and address of the firm for which he works.

O.C. 1704-97, s. 2.

3. Before visiting a consumer’s domicile or residence, the Seller or his representative shall obtain his specific authorization at least 24 hours in advance.

O.C. 1704-97, s. 3.

4. Any visit by the Seller or his representative to the domicile or residence of a consumer shall be of reasonable duration, depending on the particular circumstances of each case, and shall not last more than 2 hours; it shall take place between 9:30 a.m. and 10:00 p.m.

O.C. 1704-97, s. 4.

5. The Seller or his representative shall leave the domicile or residence of a consumer immediately when requested to do so, directly or indirectly, or as soon as the consumer expresses his intention not to enter into a contract.

O.C. 1704-97, s. 5.

6. When making his representations to a consumer, the Seller or his representative may use only verifiable and reasonable financial arguments, so as not to contravene the provisions of section 220 of the Consumer Protection Act (chapter P-40.1). In particular, but not restrictively, the Seller or his representative shall not suggest to the consumer that it would be advantageous for him to enter into a contract and shall not speculate on changes in prices.

O.C. 1704-97, s. 6.

7. All relevant information shall be given to the consumer in language readily understood by him and suited to the particular circumstances of each case.

O.C. 1704-97, s. 7.

8. In all cases, the Seller shall give the consumer the cancellation form provided for in Schedule 1 to the Act respecting prearranged funeral services and sepultures (chapter A-23.001). The Seller shall also give the consumer all explanations necessary for him to understand the nature of that form without suggesting in any way that the form may not be useful or may be destroyed.

O.C. 1704-97, s. 8.

9. In all cases, the Seller or his representative shall encourage the consumer to send a copy of the prearrangement contract to a third person, in accordance with section 6 of the Act respecting prearranged funeral services and sepultures (chapter A-23.001).

O.C. 1704-97, s. 9.

Prohibited practices

10. No soliciting shall be carried out nor shall any prearrangement contract be entered into in hospitals, reception centres, private seniors’ residences or other similar institutions, except at the express request of the persons solicited or their authorized representative.

O.C. 1704-97, s. 10.

11. No soliciting shall be carried out using lists of persons who have stayed in hospitals, reception centres, private seniors’ residences or other similar institutions, except at the express request of the persons solicited.

O.C. 1704-97, s. 11.

12. No soliciting shall be carried out with respect to a person who is known to have recently lost a family member or someone close, or with respect to a person who is ill or his family or relatives, except at the initial express request of the persons solicited.

O.C. 1704-97, s. 12.

13. No soliciting or entering into of a prearrangement contract shall be subject to the granting of a gift or the granting of a particular advantage.

O.C. 1704-97, s. 13.

14. During the year following the cancellation of a contract, the Seller or his representative shall not communicate with the consumer who cancelled his contract, except for administrative purposes related to issuing the consumer a refund in accordance with the provisions of the Act respecting prearranged funeral services and sepultures (chapter A-23.001).

O.C. 1704-97, s. 14.

15. No consumer shall be pressured, intimidated or harassed. Any Seller or representative who does not immediately leave a consumer’s domicile or residence when requested to do so or who, by any means whatsoever, communicates or attempts to communicate with that consumer during the year following the consumer’s signifying his firm intention not to enter into a contract is deemed to contravene this section.

O.C. 1704-97, s. 15.

16. No consumer shall be solicited by telephone unless he makes an express request in advance.

O.C. 1704-97, s. 16.

Professional training

17. The Seller shall train his representatives and shall not issue identification cards to them until they have attained the required degree of professionalism.

O.C. 1704-97, s. 17.

18. The Seller’s representatives shall be informed of the content of this voluntary undertaking during their professional training.

O.C. 1704-97, s. 18.

19. The Seller shall verify the quality of his representatives’ work without giving prior notice, so as to ensure compliance with the rules set out in this voluntary undertaking.

O.C. 1704-97, s. 19.

Sanctions

20. A proper inquiry shall be conducted immediately upon receipt of a consumer’s complaint pertaining to any of the provisions of this voluntary undertaking.

O.C. 1704-97, s. 20.

21. The appropriate sanctions shall be taken against any person who contravenes a provision of this voluntary undertaking.

O.C. 1704-97, s. 21.

22. All actions taken by the Seller’s representatives shall incur the Seller’s civil liability. In particular, but not restrictively, the Seller agrees to reimburse a consumer in full where a provision of this voluntary undertaking is contravened in respect of that consumer.

O.C. 1704-97, s. 22.

Final provisions

23. Failure by the Seller or by his representatives or assigns to honour their obligations under this voluntary undertaking constitutes a contravention of paragraph d of section 277 of the Consumer Protection Act (chapter P-40.1).

O.C. 1704-97, s. 23.

VOLUNTARY UNDERTAKING

For the purpose of offering buyers of prearranged funeral services and sepultures the highest standards of quality, professionalism, integrity and ethics in strict compliance with the Act, THE SELLER UNDERTAKES AS FOLLOWS:

Rules respecting operations

(1) When meeting a consumer or talking with him on the telephone, the Seller or his representative shall identify himself and the firm for which he works.

(2) The Seller or his representative shall always carry an identification card bearing his photograph, his name and the name and address of the firm for which he works.

(3) Before visiting a consumer’s domicile or residence, the Seller or his representative shall obtain his specific authorization at least 24 hours in advance.

(4) Any visit by the Seller or his representative to the domicile or residence of a consumer shall be of reasonable duration, depending on the particular circumstances of each case, and shall not last more than 2 hours; it shall take place between 9:30 a.m. and 10:00 p.m.

(5) The Seller or his representative shall leave the domicile or residence of a consumer immediately when requested to do so, directly or indirectly, or as soon as the consumer expresses his intention not to enter into a contract.

(6) When making his representations to a consumer, the Seller or his representative may use only verifiable and reasonable financial arguments, so as not to contravene the provisions of section 220 of the Consumer Protection Act (chapter P-40.1). In particular, but not restrictively, the Seller or his representative shall not suggest to the consumer that it would be advantageous for him to enter into a contract and shall not speculate on changes in prices.

(7) All relevant information shall be given to the consumer in language readily understood by him and suited to the particular circumstances of each case.

(8) In all cases, the Seller shall give the consumer the cancellation form provided for in Schedule 1 to the Act respecting prearranged funeral services and sepultures (chapter A-23.001). The Seller shall also give the consumer all explanations necessary for him to understand the nature of that form without suggesting in any way that the form may not be useful or may be destroyed.

(9) In all cases, the Seller or his representative shall encourage the consumer to send a copy of the prearrangement contract to a third person, in accordance with section 6 of the Act respecting prearranged funeral services and sepultures (chapter A-23.001).

Prohibited practices

(10) No soliciting shall be carried out nor shall any prearrangement contract be entered into in hospitals, reception centres, private seniors’ residences or other similar institutions, except at the express request of the persons solicited or their authorized representative.

(11) No soliciting shall be carried out using lists of persons who have stayed in hospitals, reception centres, private seniors’ residences or other similar institutions, except at the express request of the persons solicited.

(12) No soliciting shall be carried out with respect to a person who is known to have recently lost a family member or someone close, or with respect to a person who is ill or his family or relatives, except at the initial express request of the persons solicited.

(13) No soliciting or entering into of a prearrangement contract shall be subject to the granting of a gift or the granting of a particular advantage.

(14) During the year following the cancellation of a contract, the Seller or his representative shall not communicate with the consumer who cancelled his contract, except for administrative purposes related to issuing the consumer a refund in accordance with the provisions of the Act respecting prearranged funeral services and sepultures (chapter A-23.001).

(15) No consumer shall be pressured, intimidated or harassed. Any Seller or representative who does not immediately leave a consumer’s domicile or residence when requested to do so or who, by any means whatsoever, communicates or attempts to communicate with that consumer during the year following the consumer’s signifying his firm intention not to enter into a contract is deemed to contravene this section.

(16) No consumer shall be solicited by telephone unless he makes an express request in advance.

Professional training

(17) The Seller shall train his representatives and shall not issue identification cards to them until they have attained the required degree of professionalism.

(18) The Seller’s representatives shall be informed of the content of this voluntary undertaking during their professional training.

(19) The Seller shall verify the quality of his representatives’ work without giving prior notice, so as to ensure compliance with the rules set out in this voluntary undertaking.

Sanctions

(20) A proper inquiry shall be conducted immediately upon receipt of a consumer’s complaint pertaining to any of the provisions of this voluntary undertaking.

(21) The appropriate sanctions shall be taken against any person who contravenes a provision of this voluntary undertaking.

(22) All actions taken by the Seller’s representatives shall incur the Seller’s civil liability. In particular, but not restrictively, the Seller agrees to reimburse a consumer in full where a provision of this voluntary undertaking is contravened in respect of that consumer.

Final provisions

(23) Failure by the Seller or by his representatives or assigns to honour their obligations under this voluntary undertaking constitutes a contravention of paragraph d of section 277 of the Consumer Protection Act (chapter P-40.1).

O.C. 1704-97, 97-12-17.

REFERENCES

O.C. 1704-97, 1997 G.O. 2, 6346

S.Q. 2011, c. 27