Know Your Rights

Service Nova Scotia is responsible for two Acts and related Regulations having to do with Cemeteries and Funeral Services.

Legislation

• Cemetery and Funeral Services Act and Regulations
• Embalmers and Funeral Directors Act and Regulations

Embalmers and Funeral Directors Act

The Embalmers and Funeral Directors Act and regulations create rights for consumers. Some of those rights are described below. Please refer to the Act and regulations if you need a complete description of consumer rights.

Rights of consumers or obligations of permit holders:

• Embalmers and Funeral Directors are required to hold permits issued by the Board of Registration of Embalmers and Funeral Directors. To qualify for a permit, individuals must demonstrate a high degree of knowledge and technical competence in their area of professional practice.
• A funeral home must have a permit in order to operate. There are minimum requirements for funeral home facilities, equipment and staffing.
• A casket display must contain at least 6 adult caskets, one of which is the lowest price casket available.
  

Cemetery and Funeral Services Act

The Cemetery and Funeral Services Act and regulations create rights for consumers. Some of those rights are described below. 
Rights of consumers or obligations of permit holders:

• An individual who sells pre-arranged funeral plans or pre-need cemetery plans must hold a permit under this Act.
• A pre-arranged funeral plan contract or a pre-need cemetery plan contract that is offered to a consumer must one approved by the Registrar under this Act. A consumer must be given a copy of the contract.
• When a purchase agreement is entered into in any place other than the cemetery or funeral home's place of business, the consumer can cancel the agreement within 10 days without a penalty, and the funds must be returned to the consumer within 30 days of the cancellation.
• A consumer can cancel a pre-arranged funeral plan or a pre-need cemetery plan at any time. However, a seller may keep any interest that was earned on the consumer's money. If any cemetery or funeral goods were purchased at the direction of the consumer, those items must be delivered to the consumer in place of the dollar amount of those items.
• Any money paid by a consumer for a pre-arrangement must be held in a trust account until used in accordance with the legislation.
• The cemetery or funeral home must post a bond that protects the consumer's money in case they go out of business or default in some other way, such as a justified consumer claim.
• Consumers cannot be solicited in any hospital, home for special care, nursing home or senior citizen's home. Consumers cannot be solicited a second time within a year of declining a solicitation.
• The lowest price funeral merchandise must be included in any display of funeral merchandise.
• Advertising must be tasteful, accurate and clearly identifiable as an advertisement.
• Pre-arranged funeral or pre-need cemetery plans cannot be sold over the telephone or door to door.

Cemeteries

• This legislation does not apply to cemeteries operated by a city, incorporated town or municipality of a county or district or agency, or to a cemetery operated by a church.
• Once the purchase of a cemetery lot has been concluded, ownership of the lot transfers to the consumer. Cancellation rights that apply to other cemetery or funeral goods do not apply to cemetery lots.
• Consumers have the right to reasonable access to a lot they purchase, and the right to use the lot for burial. Access to the lot can be varied by the operator, as long as reasonable access is maintained.
• Consumers can erect a memorial on the lot, subject to the terms of the purchase agreement. This means the cemetery operator can impose restrictions or requirements on the type of memorial erected.
• Operators must maintain a care fund for the perpetual care and maintenance of the cemetery.
• An operator must maintain a cemetery in good order.

Please refer to the Act and regulations if you need a complete description of consumer rights.