Death is a difficult thing to think about. Most people like to avoid the subject, and are not prepared for the expenses when a loved one dies. Since most people will have little or no experience in making funeral arrangements, many are not aware of the choices that are available.

Nova Scotia has laws to protect people who are buying funeral services. These laws prohibit funeral directors or sales agents from contacting consumers directly by telephone or through door to door sales. This protects consumers from unwanted pressure at the time of a death in the family.

Even during difficult times, it is important to know your rights as a consumer and put them to use.

Expenses

Prices provided by funeral directors often include the cost of the total service. This service includes the cost of the casket, embalming, other funeral services and the fee for the funeral director's services. It is possible to pick and choose, and if you ask, funeral directors can itemize the cost of individual items and services for you.

The Casket

The casket is a major funeral cost and prices vary greatly. By law, the least expensive casket must be included in any casket display.

Embalming

Embalming preserves a body for a short time, to improve the body's appearance for viewing. In Nova Scotia, embalming is not required if the body is to be buried or cremated within 72 hours after death. Embalming is not done when a person dies of a communicable disease specified in the Health Act, or one designated by the Minister of Health. In these cases, funeral directors follow special burial preparations outlined in the Act.

Embalming and cosmetic restoration of the body are usually done when the body is to be viewed in an open casket. It is not a legal necessity in most cases. Funeral homes will generally proceed with embalming unless you tell them not to.

Available Services

Prices usually include such goods and services as the casket, moving the body to the funeral home, funeral home use, embalming and restoration, and the use of the hearse for transportation to the cemetery or crematorium. The services will usually also include the arrangement of the religious service, burial permit, cremation permit, newspaper notices, arrangement and care of flowers, acknowledgment cards and other staff services.

Funeral Service

A funeral service is usually held with the remains present, and generally takes place within a few days after death. If you are making arrangements and you choose a funeral service, you must make several decisions. What type of casket is to be used? Should it be open or closed? Who will conduct the service and where will it be held?

Friends and relatives often send flowers. Many people prefer donations to a charity or society. Tell the funeral home which is preferred as soon as possible.

Memorial Service

A memorial service is usually held when the remains are not present at the service. This could be because direct burial or cremation has occurred, or the body has been donated to science. Direct burial or cremation means the body is taken from the place of death and buried or cremated immediately. This is called a "disposal arrangement" by funeral directors. It eliminates embalming, viewing and other costs associated with conventional funerals. Arrangements are simple and relatively inexpensive.

Direct disposal is often followed by a memorial service. Like funerals, a memorial service may be public or private, formal or informal. It is usually held in a church, funeral home chapel or family home. The timing of the memorial service is flexible. However, it is usually held within a few days after death.

The Burial

There are two methods of burial. One is an in-ground burial where the body is placed in a casket and lowered into the ground. Some cemeteries require a liner of wood or concrete. This structure keeps the ground even and solid to allow for proper maintenance.

Another, more expensive form of burial is when the casket is permanently placed in a building or mausoleum above or just below the ground.

Cemetery costs vary. Ask for a written statement listing all costs before the purchase is finalized. You should ask about plot prices. Prices will vary according to location. As well, restrictions may depend on the type of burial chosen. You should ask about the price of the opening and closing of the grave. Also, inquire about the installation charges on grave markers and monuments. Are there any restrictions on monument style? What are the costs and services of perpetual care? Does the cemetery allow two caskets in one grave site? Some will permit two burials, one deep and one shallow, in the same plot. Ask if there are vault or rough box requirements and related charges. Ask about veteran's rates. There are special burial grounds in some areas for veterans. Check with the federal Department of Veteran's Affairs.

Cemeteries are regulated under the Cemetery and Funeral Services Act. Some parts of this Act do not apply to all types of cemeteries. Those operating for profit are generally regulated under the Act. Part of the price of a cemetery lot must be deposited in a trust account and the interest used by the cemetery to care for the grounds. A plan of the cemetery must be filed with Service Nova Scotia and Municipal Relations.

When you buy a plot in a cemetery, you gain certain rights. You have the right of reasonable access, and the right to erect a memorial on the lot. The purchase agreement may say what kinds of memorials you can or cannot put up.

Cremation

When someone is cremated, both the body and the casket (or cremation container) are burned completely. There is no law saying that a coffin must be used in cremation. However, funeral chapels and crematoria do request that the body be in a container which will burn, has a hard top, sides and bottom, and has handles. This is sometimes referred to as a cremation casket.

After cremation, usually a small amount of ash is left. The crematorium may dispose of it (usually by scattering) or the ashes may be shipped to the next of kin in a cardboard container. If the ashes are to be kept or buried by the family, an urn can be made or purchased.

There are no legal restrictions on the family scattering the ashes at a chosen spot, such as a body of water, or in the wild. The scattering of ashes on land is subject to the laws regarding property. In cemeteries, facilities for receiving ashes vary. Some cemeteries have an urn garden where cremation plots are available. Ashes may also be scattered or buried in a family plot, provided permission has been given by the cemetery.

Pre-Arrangements

When you make arrangements in advance, your survivors are spared the burden of decision-making during their time of grief. It also helps to ensure your wishes are known. Pre-arrangements are generally made through a funeral home or through a memorial society. It is legal to arrange for a burial or cremation without the services of a funeral director. 

Most Nova Scotia funeral homes offer pre-arranged plans. Pre-arrangement means you decide on the type of funeral you want, and in most cases, pay for the services when the arrangements are made. The Cemetery and Funeral Services Act says that all details of the arrangements and the costs must be in written contracts, with a copy provided to the purchaser.

Any money paid to a funeral home for a pre-arranged plan must be deposited in a trust account. All accrued interest must remain in the account until the services are provided, or the contract is cancelled.  It is possible to buy an insurance policy to cover funeral expenses, but arrangements are made with an insurance company rather than a specific funeral home.

Pre-arranged funeral agreements entered into at a place other than a funeral home or a seller's place of business may be cancelled within ten days by registered mail or in person. This can be done without any penalty to the purchaser, and all money paid must be refunded.

A pre-arranged funeral plan may also be cancelled at any time – no matter where the contract was signed. However, the seller may keep the interest plus ten per cent of the principal of the money paid and held in trust.

If you buy anything for the funeral, and you cancel the contract, you will receive those items instead of cash. The purchaser's personal representative may cancel the contract if great distances or unusual circumstances prohibit the use of the goods or services at the time of death.

Pre-need plans for cemetery lots, grave liners, vaults, urns, memorials (and their installation) as well as the opening and closing of grave sites can also be pre-arranged. The sale of pre-need cemetery plans is also regulated by the Cemetery and Funeral Services Act. The parts of the Act that apply to the pre-arranged funeral plans also apply to the sale of pre-need cemetery plans. The sale of cemetery lots, either at the time of need, or on a pre-need basis are also regulated by the Act. If you buy cemetery lots, you don't have the same rights of cancellation that you would have with other funeral items.