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

Section 4 Disposition versions

2020-05-06

4. A prearranged funeral services contract must contain the following information:

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

Prearranged funeral services 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) It may be terminated 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 subject to a penalty. In such a case, the buyer will receive the capital indexed to the cost of living, less 10% of the price of goods and services not provided. Cancellation is made by forwarding to the seller or his representative a notice in writing of intent to terminate the contract.

OR

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

It may be terminated at any time subject to a penalty. In such a case, the buyer will receive the capital indexed to the cost of living, less 10% of the price of the goods and services not provided. Cancellation is made by forwarding to the seller or his representative a notice in writing of intent to terminate the contract.

(3)  The collection of a payment and the providing of an item of goods or a service by the seller are 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)  The seller must, within 45 days following the collection of a payment, deposit in trust with a depositary (a bank, credit union, trust company or other financial institution) any amount that he collects as total or partial payment of a contract, except an amount representing 10% or less of the price of goods and services which have not been provided. The seller is not bound to deposit an amount paid by the buyer for goods or services provided before the 45 days have elapsed.

(5)  The depositary must inform the buyer in writing of the amount and the date of other 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.

(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. 4.

2012-09-01

4. A prearranged funeral services contract must contain the following information:

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

Prearranged funeral services 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) It may be terminated 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 subject to a penalty. In such a case, the buyer will receive the capital indexed to the cost of living, less 10% of the price of goods and services not provided. Cancellation is made by forwarding to the seller or his representative a notice in writing of intent to terminate the contract.

OR

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

It may be terminated at any time subject to a penalty. In such a case, the buyer will receive the capital indexed to the cost of living, less 10% of the price of the goods and services not provided. Cancellation is made by forwarding to the seller or his representative a notice in writing of intent to terminate the contract.

(3)  The collection of a payment and the providing of an item of goods or a service by the seller are 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)  The seller must, within 45 days following the collection of a payment, deposit in trust with a depositary (a bank, credit union, trust company or other financial institution) any amount that he collects as total or partial payment of a contract, except an amount representing 10% or less of the price of goods and services which have not been provided. The seller is not bound to deposit an amount paid by the buyer for goods or services provided before the 45 days have elapsed.

(5)  The depositary must inform the buyer in writing of the amount and the date of other 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.

(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. 4.