Originally posted by BBJ (Big Bad John)
That's an old law by now......at least 10 and probably 15 years.....and it is disclosure, which only means that the funeral director must diclose to the consumer that he (she) makes a commission when selling flowers or other services!
The act is old yes, but there changes. Third reading of the Bill took place in the house yesterday Dec.10/02.
Passed into law yesterday is the Funeral, Burial and Cremation Services Act, which governs cemeteries, crematoria, funeral homes, and market and casket retailers. Among the new rules are better price disclosure, increased access to "no frills" alternatives, a clampdown on pre-paid services, a code of ethics, and a 30-day cooling off period.
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TORONTO, Nov. 20 /CNW/ - Minister of Consumer and Business Services Tim Hudak today introduced a bill to modernize and strengthen consumer protection in the bereavement services sector, including cemeteries, crematoria, funeral homes, and marker and casket retailers "It is important to ensure a high standard of service and ethics in the sector, given the value of the expenditure and the vulnerability of a person whose loved one has just passed away," said Hudak. "The proposed Funeral,
Burial and Cremation Services Act, 2002 aims to help consumers make informed decisions, while promoting a fair marketplace for businesses in the sector."
The bill proposes to consolidate Ontario's two key bereavement statutes,
the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act
in a modern legislative framework to improve consumer protection and provide
clearer and more consistent regulation of the sector.
"The proposed legislation, part of the most comprehensive review of
consumer protection ever undertaken in the province, is based on the important
objectives of fairness and responsiveness to the needs of consumers and
businesses, and flexibility to adapt to the future needs of the Ontario marketplace," said Hudak.
Joan Huzar, President, Consumers Council of Canada said: "All the stakeholders were represented in the consultation sessions and agreed to a consensus document that is closely reflected in proposed legislation to provide excellent consumer protection."
Advantages of the proposed legislation include the following:
- Broadened disclosure, including the availability of information through
educational brochures and standardized price lists;
- Increasing access to alternative or "no frills" services. The bill
allows for new business models, which will lead to more consumer
choice;
- Expanded trust requirements for prepaid services;
- Licensing of marker retailers and casket retailers;
- Permitting interment and scattering rights holders to sell rights they
no longer require;
- Providing that all licensees comply with a Code of Ethics. Currently
only funeral directors are subject to a set of code of ethics;
- Offering a 30-day cooling off period in which consumers may rethink
their decisions;
- Providing for the creation of a compensation fund scheme for all
licensees, where consumers would be compensated for financial loss if
the licensee fails to provide the good or service purchased. Currently,
only funeral directors have a compensation fund;
- Providing for the combination of cemeteries and funeral homes; and
- Levelling the playing field regarding property taxation.
"Our modern, multi-cultural society, as well as changes in social
attitudes, require that bereavement sector legislation ensure access to
alternatives and increased consumer protection, said Pearl Davie, of the
Federation of Ontario Memorial Societies and the Funeral Consumer Alliance.
In addition to the proposed Funeral, Burial and Cremation Services Act,
2002, Ontario's consumer protection initiatives include the proposed Consumer
Protection Statute Law Amendment Act, 2002, which would amalgamate nine
current consumer protection statutes into a single modern legislative
framework.
For further information on the government's consumer protection
initiative, contact the ministry at (416) 326-8800 in Toronto or toll free at
1-800-889-9768. The TTY numbers are (416) 325-3408 or 1-800-268-7095.