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Overview
A Cemetery Pre-Need Contract Business Licence authorizes a business or a person to solicit to enter or enter into pre-need contracts under which that business promises to provide, or to arrange for the provision of cemetery supplies or cemetery services or both before the death of the person for whose benefit the contract is entered into.
If your business does not require this licence, you do not need to proceed further.
How to apply
You will need to provide:
- information on your business
- salesperson information
- criminal record check or police information check
- trust account information
- payment for a licensing fee
To get started, follow the instructions below to save and open the application form.
Fillable PDF forms may not open properly on some mobile devices and web browsers. For help opening the forms, contact PDF form technical support.
Application form
Application for a Cemetery Pre-Need Contract Sales Licence
Your responsibilities
It is your responsibility to ensure your licence is in force as long as you continue to do business. Once your licence is issued make note of the expiry date and ensure your licence is renewed prior to this date. Pre-need money must be held in-trust, by an authorized trustee. See the list of authorized trustees.
Yearly reporting
Cemetery Pre-need Contract Business Licensees must submit an accountant’s report and a statement to Service Alberta and Red Tape Reduction annually, no later than 120 days after their fiscal year-end. Complete the required fiscal forms:
Commercial cemetery operators must collect perpetual care fees and establish a perpetual care fund, which must be held in-trust by an authorized trustee.
Commercial cemetery operators must submit an accountant’s report and statement to Service Alberta annually, no later than 120 days after their fiscal year-end. Complete the required fiscal forms:
Operation and maintenance guidelines
The Alberta government has published Operation and Maintenance Guidelines for Cemetery Owners and Operators to provide guidance in relation to the Cemeteries Act and Cemeteries General Regulation.
The guidelines provide information and guidance for cemetery owners and operators on frequently asked questions and regularly identified compliance issues, including:
- alternatives to burials
- care and maintenance of a cemetery
- registration and consent
- burial plots
- operations
- disposition of remains
- perpetual care funds
- enforcement
- Alberta Funeral Services Regulatory Board
- cemetery companies
- additional resources
Contract contents
Cemetery pre-need contracts with consumers must contain specific information. A contract to provide cemetery supplies or services must be delivered to the purchaser within 7 days of signing or entering into the agreement and shall:
- be in writing
- be signed by the purchaser or lessee
- be signed by the salesperson
- state the name of the salesperson and the name of any owner for whom the salesperson is acting
- contain the notice prescribed in the regulation – the notice must be at least as prominent as the contents of the contract
- see General Regulation (Cemeteries Act) for Schedule of Cancellation Rights
- contain a detail listing of the cemetery supplies or cemetery services or both, to be provided by the vendor and the cost to be charged to the purchaser for each of those cemetery supplies or cemetery services
- contain a statement disclosing what portion of the money paid as consideration is to be set aside for perpetual care – where the cemetery business is also the cemetery owner
Where the cemetery contract is the evidence of ownership of a grave lot, compartment or space in a cemetery, mausoleum or columbarium it must also contain:
- name of the purchase
- date of the purchase
- dollar amount of the sale and the terms of payment, if any
- amount to be deposited to the perpetual care fund, if applicable
- in the case of a:
- grave lot – its location, its area or dimensions, and the number of grave spaces in it
- mausoleum – the number or other designation of the compartment or space in it
- columbarium – the number or other designation of the compartment or space in it
Compliance
Note: applicant, directors, officers and partners are required to read the Cemeteries Act and its regulations associated with this licence and understand that certain sections are of significance, including but not limited to the specific sections noted below.
- Part 4 regarding Pre-Need Sale of Cemetery Supplies and Services
- Sections 3, 4, and 5 regarding contracts
Commercial Cemeteries Regulation
- Section 6 regarding change of a salesperson's agency
- Section 7 regarding training programs
- Section 8 regarding continuing education
- Section 9 regarding transfer of money to authorized trustee
- Section 10 regarding period for transfer exemption
- Section 11 regarding maximum administration fee
- Section 12 regarding trustee's remuneration
- Section 13 regarding reporting to director
Prohibited practices include, but are not limited to:
- Telephone and door-to-door contacts selling pre-need cemetery goods are prohibited unless specifically requested by the consumer. Other forms of direct sale, including mailing or distribution of brochures or other sales material, and other types of advertising in the media and online are permitted.
- Businesses soliciting, negotiating or concluding sales contracts in person at any place other than the seller’s place of business require a Direct Selling business licence.
Copies of legislation can be obtained from the Alberta King’s Printer.
Resources
Contact
Connect with the Consumer Contact Centre:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-427-4088
Toll free: 1-877-427-4088 (in Alberta)
Email: [email protected]
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