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Friday, February 05, 2016
Saskatchewan Justice

The Funeral and Cremation Services Act incorporates provisions which were previously in The Saskatchewan Embalmers Act and The Prepaid Funeral Services Act and adds provisions governing funeral homes and crematoria. The Act:

  • establishes a Funeral and Cremation Services Council, with members appointed by Government who represent both the industry as well as the public, to administer the Act. The Council operates under the general supervision of a Superintendent of Funeral and Cremation Services appointed by the Minister;
  • provides bylaw-making powers for the Council to set standards of practice, with review of the bylaws by the Superintendent and Legislative Assembly;
  • requires licensing of persons providing services under the Act, including embalmers, funeral directors and salespersons selling prepaid contracts, as well as owners of funeral homes, crematoria and transfer services. The titles of "embalmer" and "funeral director" may only be used by persons licensed under the Act;
  • establishes investigation and discipline committees to address matters regarding the conduct of persons licensed under the Act;
  • prohibits the disposition or cremation of human remains except in accordance with the Act and The Cemeteries Act, 1999;
  • sets out, in order of priority, which person is the authorized decision-maker with respect to the disposition of the remains of a deceased person;
  • prohibits licensees from representing that goods or services are needed if they are not or from charging a fee for goods or services not authorized by the purchaser (unless they are required by law);
  • requires licensees to make itemized price lists of their goods and services available to the public;
  • continues the prepaid services assurance fund established under The Prepaid Funeral Services Act and provides for payment from the fund for claims arising out of a contract;
  • prohibits certain sales practices, such as the solicitation of funeral or cremation services in nursing homes and hospitals, or soliciting individuals in a harassing manner; and
  • continues the ten day cooling-off period for prepaid funeral services contracts, and other cancellation rights, and also applies these rules to prepaid cremation services contracts.

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