PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
People may choose to pre-plan their funeral. They may also arrange to pre-pay for the funeral service and cemetery plot before their death. The law in Saskatchewan sets out how such pre-paid plans must operate.
Anyone who sells pre-arranged funerals in Saskatchewan must be licensed under The Funeral and Cremation Services Act. This includes prepaid cremation services. Money paid before death for funeral services, less some administrative fees, must be held in a trust account.
Similarly, prepaid sales of cemetery plots are regulated under The Cemeteries Act, 1999. Only licensed cemeteries can offer prepaid cemetery plots. A portion of all sales must be kept in a maintenance fund. This ensures the long-term care of the cemetery. Money from the advance sale of plots must be kept in a trust fund.
Rules are in place regarding the solicitation of pre-arranged funeral plans. Telephone solicitations between the hours of 9:00 p.m. and 9:00 a.m. are not allowed. Sellers also cannot solicit people living in a hospital, personal care home or similar place. Salespeople cannot solicit in a way that may be harassing to someone.
The law allows the buyer to cancel these types of contracts in certain cases. Depending on the circumstances, the buyer is entitled to either a full or partial refund.
A buyer can cancel for any reason within 10 business days of the contract being made and receive a full refund. If the seller was not properly licensed or did not use an authorized form of contract, the buyer can cancel the deal within one year and be entitled to a full refund.
The seller must give the buyer a copy of the contract at the time of signing. They can also do this by registered mail or personal delivery within seven business days of the contract being signed. If this does not happen, the buyer can cancel the contract and receive a full refund. However, if the seller later gives the buyer a copy of the contract, the buyer only has 30 days from that date to cancel.
If the buyer cancels under other circumstances, the seller can keep a portion of the price. This covers costs of administration or special services that were ordered by the buyer or provided by the seller.
Complaints about pre-paid plans or a salesperson’s conduct can be made to the Funeral and Cremation Services Council of Saskatchewan. They also provide information on consumer rights as well as a service directory.
A contract for funeral services may be a deposit contract only. This means the deposit will be used to pay some or all of the services specified. Alternatively, the contract may be a guaranteed pre-paid funeral contract. This means there will be no added charges for services specified in the contract. It is important to fully understand the terms of your contract and what, if any, added costs may be involved.
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