Prearranged funerals consist of two distinct contracts.

• A funeral services contract.
  
  This contract deals with the funeral services that will be provided on your death. These might include the purchase of goods, such as a coffin, urn or tombstone, or of services, such as embalming, cremation, a ceremony, etc.
  
  
• A sepulture (burial place) contract.
  
  This contract deals with the purchase or maintenance of a burial place, which is the final resting place for your body or ashes. This burial place could be in a cemetery, columbarium, or mausoleum, for example.

Each contract must include the following:

• name and address of the funeral company, and the name of the company’s representative
  
• name and address of the purchaser (client) and of the person chosen by the purchaser to receive a copy of the contract
  
• number of the contract and the date it is signed
  
• payment terms
  
• how the money will be paid and how this amount will be deposited by the funeral company (for example, where the money will be deposited, who will get the interest generated, etc.)
  
• terms of cancellation

If the contract does not contain the information required by law and you suffered harm because this information was missing, you can ask a court to cancel the contract.

Funeral companies are not allowed to solicit the people listed below, unless these people have requested the solicitation. Soliciting means approaching potential clients to get new business.

• people who have recently lost a loved one
  
• people who are sick
  
• people who have been in hospital, a senior’s residence or any other healthcare institution

Soliciting by phone or in healthcare institutions is also forbidden.

If you want to meet a funeral company representative to find out about the company’s services, you must contact him to get the information. The representative must get your permission at least 24 hours in advance to come to your home. The visit must take place between 9:30 a.m. and 10 p.m. and cannot last longer than 2 hours.

The representative must leave your home immediately upon being requested. He is not allowed to intimidate you, be insistent or harass you. If this happens, you can file a complaint with the Consumer Protection Office.

Lastly, if you refuse to sign a contract, the representative is not allowed to contact you again during the year following your refusal.

Yes. A funeral director’s permit is required to sell prearranged funerals.

To find out if the permit is valid, enter the permit number in the space provided for this on the website of the Consumer Protection Office or consult the Directory of Funeral Directors on the website of the Ministry of Health and Social Services.

Yes. The funeral company must give you a copy of the contracts.

Also, within 10 days of the date of signature, the company must send another copy to a person you choose, unless you state in writing that you do not want to choose someone to get a copy. By giving a copy to another person, you are assured that someone close to you is aware of your last wishes.

Prearranged funeral contracts are unique: you pay a large amount today for services you hope to use as far in the future as possible! It’s normal for you to wonder what the funeral company is doing with your money all those years.

The seller (funeral company) must keep 90% of the money you pay in a trust account. The seller must deposit this amount in the account within 45 days of receiving it. Within 30 days of the deposit, the financial institution holding your money will notify you in writing of the date and amount of the deposit.

However, money for goods or services already provided by the seller does not need to be kept in this account.

You should know that some of the interest earned on your money is used to compensate for inflation. You are therefore guaranteed the same quality of goods and services, even after many years, and despite any possible increase in prices. No additional amounts will be charged at the time of your death because everything has been paid in advance.

The seller is not allowed to withdraw any money deposited in the trust account. Even if the seller goes bankrupt, your trust account money is not part of the bankruptcy.

In most cases, it is possible to cancel prearranged funeral contracts. However, in some cases, you might have to pay a penalty. This depends on the type of contract, where the contract was entered into (at the seller’s place of business or elsewhere) and when you cancel it.

• Funeral services contract
  
  

  Entered into at the seller’s place of business

  
  Can be cancelled at any time. However, the seller can charge a penalty of up to 10% of the price of goods and services not yet provided.
  
  

  Entered into other than at the seller’s place of business (e.g., at your home)

  
  Can be cancelled without any penalty within 30 days of when you receive your copy of the contract. After this deadline, the seller can charge a penalty of up to 10% of the price of goods and
  services not yet provided.
  
  
• Sepulture (burial place) contract
  
  

  Entered into at the seller’s place of business

  
  Cannot be cancelled unless the seller agrees.
  
  

  Entered into other than at the seller’s place of business (e.g., at your home)

  
  Can be cancelled without penalty within 30 days of when you receive a copy of the contract. After this deadline, the contract cannot be cancelled unless the seller agrees.

You can file a complaint with the Consumer Protection Office.