This section deals with miscellaneous consumer protection matters. For example, it expands the soliciting prohibitions in the Act to include a home for the aged or a rest home. As well, it contains requirements to be met where supplies are to be stored in advance of use, including, for example, a limitation on the supplies that can be stored (i.e., casket, urn, marker) and only where certain conditions are met (i.e., item is substantially completed and full payment has been made for the supply). For more information, see Sections 135 – 136 of the regulation and Subsection 29(2) of the Act.
If an unenforceable contract is cancelled (i.e., should have been signed by a funeral director but was not), this section imposes certain obligations on the operator (such as refund including income earned within set time limits) and on the purchaser (such as making supplies available for repossession or returning them as applicable). For more information, see Sections 137 – 138 of the regulation..
In some circumstances, delivery of supplies or services within 30 days of the date the contract is made may be authorized, for example, if they are required for the disposition of human remains. In those cases, usual cancellation rights will still apply but an operator will be entitled to retain certain expenses for costs incurred to the date of cancellation of the contract. For more information, see Section 139 of the regulation..
Provisions of this section also set out how a refund is calculated when a contract is cancelled after the 30-day cooling-off period provided for in the Act. The Act sets out the refund if a contract is cancelled within the 30-day cooling-off period. For more information, see Section 140 of the regulation..
To bring closure to some contracts, where it can be assumed that the recipient under a contract would be 120 years old or the operator has been unable to locate a purchaser or recipient under a contract after making reasonable efforts to locate them, a contract may be deemed cancelled. For more information, see Section 141 of the regulation..
For a purchaser to cancel a contract involving interment or scattering rights, in situations where the cemetery prohibits resale of those rights, the cemetery operator is required to repurchase the interment rights at the price list amount or at fair market value if there is no applicable price list amount. For more information, see Section 142 of the regulation..