Consumer Protection under the Funeral, Burial and Cremation Services Act
When the Act comes into force on July 1, 2012, there will be important enhancements to consumer protection.
Here’s what it will mean for you:
- You are entitled to make an informed decision
This will include new rules for disclosure about business ownership and relevant business relationships. For example, you have a right to know if other bereavement businesses in the area are owned by the establishment you’re dealing with; or if it will receive a benefit, such as a payment, for recommending certain supplies.
- You have the right to change your mind
- You can sell interment rights for unneeded burial lots
Currently if you have an unused interment right you no longer need, you can only return it to the cemetery for the price you initially paid. The new Act will allow you to sell or return your interment right at current market value. Be sure to check with your cemetery on how to do this, as there will be a procedure involved and all resales must comply with the regulations.
- You are entitled to receive professional service
As the industry has evolved, a number of new services have developed to meet consumer need. For example, some people buy insurance policies specifically to pay for future funeral expenses. After July 2012, employees of a funeral establishment who provide such products will need to be licensed as Funeral preplanners. This will provide a consistent level of professional service and oversight.
Individuals may scatter human remains after cremation without a licence. However, if a person or business wishes to sell the service of scattering remains on behalf of a family, they will need to be licensed.
- You have a right to alternatives
Traditional funeral and cemetery practices have evolved, and so have business practices and consumer wishes. Some of the coming changes will permit greater flexibility. For example, where municipal zoning permits, it will be possible to combine funeral services and cemeteries in one location.
As well, some lower cost funeral options will be easier to access through transfer services, which are licensed to transport human remains.
- You’re entitled to get what you pay for
The new Act will continue to protect consumers who prepay their funeral services. An operator must provide all contracted services when needed without making any additional charge.
You have a right to know about a business person’s licence status. Under the new rules you will be able to learn if disciplinary actions have been taken against businesses providing funeral, burial or cremation services. Once the new rules come into effect, you may contact the Board of Funeral Services or the Cemeteries Regulation Unit for more information.
Under the current law, when you buy funeral services, you have up to 30 days to change your mind and get a full refund. This right will be extended to apply also to the purchase of interment rights. You may still cancel these purchases after thirty days but a cancellation fee of up to $350 may apply.
These changes have been approved, but are not scheduled to come into force until July 2012. This gives the many people involved in providing funeral, burial and cremation services adequate time to prepare, adjust their business practices if necessary, and ensure that they will be in compliance with the Act when it comes into effect.
