The General Consumer Council for Northern Ireland Annual

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 7.36 MB

Downloadable formats: PDF

Legal issues include the proper application of labor and employment law, intellectual property law and personal services contract law, contract terms and conditions, trade unions, industry custom and usage, breach of contract claims and remedies, and dispute resolution or arbitration requirements. Among several other recommendations of the Central Council, another major one has also been diluted. Thus unlike traditional concepts of fraud which require an intentional misrepresentation (i.e., a "lie"), consumer fraud may be a negligent, unintentional misrepresentation.

Pages: 63

Publisher: Stationery Office (October 30, 2006)

ISBN: 0102940258

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Division 3 — Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts "preneed trust account" means a trust account established by the supplier with a savings institution in British Columbia; "provider" means an operator, funeral provider or memorial dealer. 30 (1) A supplier must not solicit, offer for sale or sell rights of interment, cemetery services, funeral services or memorials (a) by mail, electronic mail or facsimile that is addressed to a specific consumer at the consumer's residential address, electronic mail address or facsimile number, (b) in person at the consumer's place of residence, or (c) by telephoning the consumer at the consumer's place of residence. (b) a relative or friend of the consumer if that relative or friend is not the supplier or an associate of the supplier. (a) indicates the current prices for all goods and services that the provider currently offers to supply, (b) indicates each good or service that is necessarily or usually required if another good or service that the provider currently offers to supply is supplied, (c) indicates the current amounts of any disbursements or fees that are necessarily or usually required to be paid in connection with any good or service that the provider currently offers to supply, (i) includes the model number, description and manufacturer's name for each of the goods that the provider currently offers to supply, or (e) expresses each price of a good or service as a fixed charge, an hourly rate, a rate per kilometre or some other unit of compensation, and (f) clearly states the price list's effective date and the name and address of the provider. (a) display the price list in a place on the business premises that is accessible to members of the public, and (b) give a copy of the price list to a consumer on request. 32 A provider that receives an inquiry respecting the nature or price of cemetery services, funeral services or memorials offered by the provider must (a) give accurate information respecting the nature and price of the cemetery services, funeral services or memorials, (b) inform the person making the inquiry of any good or service that is necessarily or usually required in conjunction with the cemetery services, funeral services or memorials to which the inquiry relates, (i) the cemetery services, funeral services or memorials to which the inquiry relates, and (ii) any good or service that is necessarily or usually required in conjunction with the cemetery services, funeral services or memorials to which the inquiry relates, and (d) state specifically what goods and services are included in any price quoted. 33 A funeral provider or an operator must not charge any fee or disbursement for using or handling a container referred to in section 11 [containers for interment or cremation] of the Cremation, Interment and Funeral Services Act. 43 (1) An interment right contract must contain the following information: (b) the consumer's right to a refund, if any, in respect of a right of interment that is not exercised, including (i) the terms or conditions under which the refund will be made, (ii) the amount of the refund or the percentage of the purchase price that is refundable, and (iii) any other prescribed matter respecting the refund; (c) if the contract provides for a consumer exercising a right of interment after the development of a lot, (i) that the right of interment applies to a lot to be developed for later use, and (ii) the earliest date on which that right of interment may be exercised; (d) the circumstances under the Cremation, Interment and Funeral Services Act in which the supplier may reclaim a right of interment. (2) A supplier must give a copy of the interment right contract to the consumer within 15 days after the contract is entered into. (3) If the supplier does not give the consumer a copy of the interment right contract within 15 days after the contract is entered into, the consumer may cancel the contract by giving notice of cancellation to the supplier not later than 30 days after the date that the consumer receives a copy of the contract. (4) Subsection (3) does not apply if the interment is scheduled to occur within 10 days after the contract is entered into. (5) If an error is made in an interment right contract and the lot in which the human remains or cremated remains were to be interred under the contract is unavailable, the operator must (i) is of equal or greater value and in a similar location, and (A) to the interment right holder, if the person to be interred in the lot is still alive, or, (B) to the person who, under section 5 [control of disposition of human remains or cremated remains] of the Cremation, Interment and Funeral Services Act, has the right to control the disposition of the human remains or cremated remains of the person, if the person to be interred in the lot is deceased, or (i) the full amount of money paid, and (ii) accrued interest at the prescribed rate. (6) An operator required to act under subsection (5) must not charge any fee or disbursement in respect of any action taken under subsection (5), including a fee or disbursement to recover any difference in value between the lot in which human remains or cremated remains are to be interred after the contract is amended and any lot in which the remains were to be interred before the contract was amended. (a) the roads, paths and other areas allowing access to and from any lot of a cemetery, mausoleum or columbarium, other than as a means of access, or (b) the gardens, structures, buildings or other property of a cemetery, mausoleum or columbarium. 45 Despite section 15 (2) [assignee's obligations], if all or part of a contract is cancelled under this Division, the supplier must refund to the consumer, (a) within 15 days after the notice of cancellation has been given, and (b) without deduction except as provided for in this Division or in the regulations, all money received in respect of, or in respect of that part of, the contract, whether received from the consumer or any other person. 46 (1) A supplier must disclose the following information to a consumer before the consumer enters into a distance sales contract: (b) if available, the supplier's electronic mail address; (c) a detailed description of the goods or services to be supplied under the contract, including any relevant technical or system specifications; (d) the currency in which amounts owing under the contract are payable; (e) the supplier's delivery arrangements, including the identity of the shipper, the mode of transportation and the place of delivery to the consumer; (g) any other prescribed information. (2) The supplier must disclose the information required under subsection (1) in a clear and comprehensible manner. 47 (1) In this section, "electronic" has the same meaning as in the Electronic Transactions Act. (2) Before a consumer enters into a distance sales contract that is in electronic form, a supplier must (i) requires the consumer to access the information, and (ii) allows the consumer to retain and print the information, and (i) to correct errors in the contract, and (ii) to accept or decline the contract. 48 (1) A supplier must give a consumer who enters into a distance sales contract a copy of the contract within 15 days after the contract is entered into. (c) the date the contract was entered into. (a) by sending the copy by electronic mail to the electronic mail address provided by the consumer to the supplier for the provision of information related to the contract, or (b) by giving the copy by any other manner that enables the supplier to prove that the consumer has received and retained the copy. (4) A copy of the distance sales contract given in accordance with subsection (3) (a) is deemed to be received on the 3rd day after it is sent. (c) at any time before the goods or services are delivered if the goods or services to be delivered under the contract are not delivered to the consumer within 30 days of the supply date, or (d) at any time before the goods or services are delivered if the supply date is not specified in the contract and the supplier does not deliver the goods or services within 30 days from the date the contract is entered into. (2) If a distance sales contract is cancelled under subsection (1), the following are also cancelled: (a) any other related consumer transaction; (b) any guarantee given in respect of the total price under the contract; (c) any security given by the consumer in respect of the total price under the contract; (d) if credit is extended or arranged by the supplier in respect of a distance sales contract, the credit agreement, as defined in section 57 [definitions], whether or not the credit agreement is a part of or attached to the distance sales contract. 50 If a distance sales contract is cancelled under section 49, the supplier, within 15 days after the notice of cancellation has been given, must refund to the consumer, without deduction, all money received in respect of the contract and in respect of any related consumer transaction, whether received from the consumer or any other person. 51 (1) If a distance sales contract is cancelled under section 49, the consumer must return any goods received under the contract by delivering the goods (a) to the person or place named in the contract as the person to whom or as the place where notice of cancellation may be given, and (b) within 15 days after the notice of cancellation has been given or after the goods have been delivered to the consumer, whichever is later. (2) The consumer must return the goods unused and in the same condition as that in which they were delivered. (3) The consumer may return the goods by any method that permits the consumer to produce confirmation of the delivery to the supplier. (5) The supplier is responsible for the reasonable cost of returning the goods. (6) Goods that are returned by the consumer other than by delivery in person are deemed to have been returned at the time the goods are sent. 52 (1) In this section, "credit card" and "interest" have the same meaning as in section 57 [definitions]. (2) A consumer who has charged to a credit card all or any part of the total price under a distance sales contract or any related consumer transaction may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges if the consumer has cancelled the contract under section 49 and the supplier has not refunded all money as required under section 50. (3) The request under subsection (2) must contain the following information: (b) the date the distance sales contract was entered into; (c) the amount charged to the credit card in respect of the distance sales contract and any related consumer transaction; (d) a description of the goods or services sufficient to identify them; (e) the reason for cancellation under section 49, of the distance sales contract; (f) the date and method of cancellation of the distance sales contract. (a) acknowledge the consumer's request within 30 days of receiving it, and (i) 2 complete billing cycles of the credit card issuer, and

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