Funeral & Cemetery Legislation and Regulations in Alberta
The Funeral Services Act
Regulates the activities of the funeral industry and allows for the creation of the Alberta Funeral Services Regulatory Board to administer the Act.
Regulates the activities of the funeral industry and allows for the creation of the Alberta Funeral Services Regulatory Board to administer the Act.
The Cemeteries Act
Regulates the disposition of human remains, ensures cemeteries meet requirements of local authorities, and protects consumers who invest in pre-need cemetery supplies and services. Also ensures there are perpetual care funds for long-term care of commercial cemeteries. For our member's convenience, we have compiled information about the municipal cemeteries located in our trading areas. Learn more about the municipal cemetery in your area.
Regulates the disposition of human remains, ensures cemeteries meet requirements of local authorities, and protects consumers who invest in pre-need cemetery supplies and services. Also ensures there are perpetual care funds for long-term care of commercial cemeteries. For our member's convenience, we have compiled information about the municipal cemeteries located in our trading areas. Learn more about the municipal cemetery in your area.
General Regulation (Cemeteries Act)
Regulates the establishment of new cemeteries and mausoleums, and the operation and maintenance of existing ones. Also sets out cancellation rights on pre-need sales of cemetery goods, services and outlines requirements for disposition of remains.
Regulates the establishment of new cemeteries and mausoleums, and the operation and maintenance of existing ones. Also sets out cancellation rights on pre-need sales of cemetery goods, services and outlines requirements for disposition of remains.
Alberta Funeral Services Regulatory Board (AFSRB)
The AFSRB is a public agency under the Government of Alberta and is funded by various licensing fees. The Alberta Funeral Services Regulatory Board (AFSRB) promotes fair and informed funeral services by protecting consumer rights, maintaining educational standards for funeral service providers, and enforcing fair business practices.
The AFSRB is a public agency under the Government of Alberta and is funded by various licensing fees. The Alberta Funeral Services Regulatory Board (AFSRB) promotes fair and informed funeral services by protecting consumer rights, maintaining educational standards for funeral service providers, and enforcing fair business practices.
More information
Alberta Funeral Services Act (Act)
Funeral Services Act: General Regulation (Regulations)
Access funeral legislation documents through the AFSRD here.
Funeral Services Act: General Regulation (Regulations)
Access funeral legislation documents through the AFSRD here.
know your rights when entering a pre-need contract
We want you to know your rights when entering a pre-need contract with any funeral services business without having to read complex legislation. This document simplifies and highlights important information in the Alberta Funeral Services Act and its associated General Regulations.
Definitions
Client: the person the funeral services are for i.e., the pre-deceased.
Pre-need: a contract for funeral services where all or part of the cost, like embalming or hosting the funeral, is paid in full or in part before the death of the client.
Licensee: an individual or business who holds a license under the Regulations, such as a funeral home director, a funeral home, or a crematorium.
Payor: the person who paid the funds required for a pre-need funeral services contract. May be the client, a relative, or a trustee.
Trust: money that is held in an account and can only be used for what it was contracted.
Trustee: an individual or business that manages the funds of the client, who is legally required to use the funds as specified by the client or their estate.
*The Act and Regulations only refer to pre-need funeral services contracts, and not contracts made after the client is deceased.
Pre-need: a contract for funeral services where all or part of the cost, like embalming or hosting the funeral, is paid in full or in part before the death of the client.
Licensee: an individual or business who holds a license under the Regulations, such as a funeral home director, a funeral home, or a crematorium.
Payor: the person who paid the funds required for a pre-need funeral services contract. May be the client, a relative, or a trustee.
Trust: money that is held in an account and can only be used for what it was contracted.
Trustee: an individual or business that manages the funds of the client, who is legally required to use the funds as specified by the client or their estate.
*The Act and Regulations only refer to pre-need funeral services contracts, and not contracts made after the client is deceased.
Part 1: Funeral Services Contract
Right of cancellation (Section 5)
Pre-need funeral services can be cancelled at any time for any reason.
A contract can be cancelled without penalty if it is within 30 days or less from when the payor receives a copy of the contract.
All contracts must state the payor’s right to cancel. Anything stating otherwise is not legally binding.
Administration fees (Section 6)
If the contract is cancelled after 30 days from receiving it, the business may charge a maximum administration fee of 15% of the total cost of the contract OR; under the same conditions as above, the licensee may charge 15% of the money held in trust (see next section), and return the remaining funds to the payor. Businesses must state upfront under which of the above they charge admin fees.
Licensee to hold money in trust (Section 7)
The licensee (funeral services provider under contract) holds any money paid under a pre-need contract in trust until services (the funeral, cremation, etc.) have been provided, or the money, unused portion of the money, or income earned by the licensee from investing the money, has been refunded to the payor or client.
Transfer of money to authorized trustee (Section 8)
Money held in trust by a licensee must be transferred to an authorized trustee within five business days after the 30-day cancellation period. This may include the 15% deduction of an administration fee if the contract was cancelled after 30 days.
Money held in a trust fund for funerary services cannot be seized in any legal process.
Payment out of trust fund (Section 9)
If a contract is cancelled per Section 5 and the admin fee was not taken before returning the money to the trustee, the trustee must pay the fee to the business from the returned funds.
Unclaimed trust funds (Section 9.1)
Money held by a funeral services business for a pre-need funeral services contract becomes unclaimed trust money when the business cannot determine whether the client is deceased, or believes the client is 120 years old, and therefore very likely to be deceased, or funeral services have been provided by another business, AND contracted goods or services have not been provided, and the business cannot locate the contract payor.
This money and any interest earned must be transferred to the Minister (see Part 4) within 15 days.
The money must be held in trust by the Minister for two years.
The Minister has 120 days to approve or deny a claim to the trust funds.
If the Minister does not receive an application to claim the money within two years, the money is paid to the Board (see Part 3) and all claims are void.
Reporting requirements (Section 10)
A trustee must provide a statement of account on the pre-need contract trust fund if the payor or the client requests it.
Contracts through direct contact (Section 12)
A funeral services business may not “cold call” a client to solicit funeral services if the services have not been requested.
Unfair practices (Section 13)
It is unfair for a funeral services business to:
Pre-need funeral services can be cancelled at any time for any reason.
A contract can be cancelled without penalty if it is within 30 days or less from when the payor receives a copy of the contract.
All contracts must state the payor’s right to cancel. Anything stating otherwise is not legally binding.
Administration fees (Section 6)
If the contract is cancelled after 30 days from receiving it, the business may charge a maximum administration fee of 15% of the total cost of the contract OR; under the same conditions as above, the licensee may charge 15% of the money held in trust (see next section), and return the remaining funds to the payor. Businesses must state upfront under which of the above they charge admin fees.
Licensee to hold money in trust (Section 7)
The licensee (funeral services provider under contract) holds any money paid under a pre-need contract in trust until services (the funeral, cremation, etc.) have been provided, or the money, unused portion of the money, or income earned by the licensee from investing the money, has been refunded to the payor or client.
Transfer of money to authorized trustee (Section 8)
Money held in trust by a licensee must be transferred to an authorized trustee within five business days after the 30-day cancellation period. This may include the 15% deduction of an administration fee if the contract was cancelled after 30 days.
Money held in a trust fund for funerary services cannot be seized in any legal process.
Payment out of trust fund (Section 9)
If a contract is cancelled per Section 5 and the admin fee was not taken before returning the money to the trustee, the trustee must pay the fee to the business from the returned funds.
Unclaimed trust funds (Section 9.1)
Money held by a funeral services business for a pre-need funeral services contract becomes unclaimed trust money when the business cannot determine whether the client is deceased, or believes the client is 120 years old, and therefore very likely to be deceased, or funeral services have been provided by another business, AND contracted goods or services have not been provided, and the business cannot locate the contract payor.
This money and any interest earned must be transferred to the Minister (see Part 4) within 15 days.
The money must be held in trust by the Minister for two years.
The Minister has 120 days to approve or deny a claim to the trust funds.
If the Minister does not receive an application to claim the money within two years, the money is paid to the Board (see Part 3) and all claims are void.
Reporting requirements (Section 10)
A trustee must provide a statement of account on the pre-need contract trust fund if the payor or the client requests it.
Contracts through direct contact (Section 12)
A funeral services business may not “cold call” a client to solicit funeral services if the services have not been requested.
Unfair practices (Section 13)
It is unfair for a funeral services business to:
- take advantage of someone who does not understand the contract,
- enter a contract if someone likely cannot pay the full price for funeral services,
- say the contracted services are required by law, and/or
- make any false claims or statements.
Part 2: Director and Inspector
Definitions
Director: the person appointed by the Minister (see Part 4) to oversee the Funeral Services Act.
Inspector: either the Director or an individual appointed as an inspector by the Director.
Inspector: either the Director or an individual appointed as an inspector by the Director.
Part 3: Regulatory BoarD
The Alberta Funeral Services Regulatory Board (AFSRB) can create a compensation fund for claims where a payor suffers losses or damages resulting from a contract with a funeral services business. The payor can make a claim to this compensation fund for losses due to:
- a funeral services business’ lack of compliance with the Act or Regulations;
- a business’ failure to fulfill a pre-need funeral services contract;
- a business’ fraud, misrepresentation, theft, use of the funds for other means, or negligence regarding goods, services, or money collected related to a pre-need funeral services contract;
- a business does not comply with their funeral services business licence;
- a business declares bankruptcy or insolvency and services are not provided.
ParT 4: Powers of the Minister
The Minister of Public Service, under the Government of Alberta, is responsible for implementing and enforcing the Alberta Funeral Act and associated Regulations.
The Minister appoints a Director to oversee the Act and Regulations, who can in turn appoint Inspectors (see Part 2).
The Minister can also make regulations related to the Act.
The Minister appoints a Director to oversee the Act and Regulations, who can in turn appoint Inspectors (see Part 2).
The Minister can also make regulations related to the Act.