Contract for the Purchase of Interment Rights or
Cemetery Services

in <%= contract.cemeteryName %> cemetery
operated by
The Corporation of the City of Sault Ste. Marie, 99 Foster Drive
Sault Ste. Marie Ontario   P6A 5X6

Contract No. <%= contract.contractId %>

Date of Purchase <%= contract.contractStartDateString %>

Purchaser

Name: <%= contract.purchaserName %>
Address: <%= contract.purchaserAddress1 %> 
<%= contract.purchaserAddress2 %> 
City: <%= contract.purchaserCity %> 
Province: <%= contract.purchaserProvince %> 
Postal Code: <%= contract.purchaserPostalCode %> 
Telephone: <%= contract.purchaserPhoneNumber %> 
E-mail: <%= contract.purchaserEmail %> 

Recipient

<% const recipient = contract.contractInterments[0] %>
Name: <%= recipient ? recipient.deceasedName : "" %>
Address: <%= recipient ? recipient.deceasedAddress1 : "" %> 
<%= recipient ? recipient.deceasedAddress2 : "" %> 
City: <%= recipient ? recipient.deceasedCity : "" %> 
Province: <%= recipient ? recipient.deceasedProvince : "" %> 
Postal Code: <%= recipient ? recipient.deceasedPostalCode : "" %> 

Purchaser's relationship to Recipient: <%= contract.purchaserRelationship %>  

This Contract for Purchase of Interment Rights or Cemetery Services is between the Purchaser and The Corporation of the City of Sault Ste. Marie (Corporation) concerning interment rights or cemetery services for the Recipient(s) as identified in this Contract.

The Purchaser (if different than the Recipient) represents being legally authorized or charged with the responsibility for the Recipient's interment rights and prepaid cemetery services specified in this Contract. This Contract will be enforceable to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

Details

<% for (const field of contract.contractFields) { if (!recipientFields.includes(field.contractTypeField) && field.contractFieldValue) { %> <% } } %>
Cemetery <%= contract.cemeteryName ?? '(No ' + configFunctions.getConfigProperty("aliases.map") + ')' %>
Burial Site <%= contract.burialSiteName ?? '(No ' + configFunctions.getConfigProperty("aliases.lot") + ')' %>
<%= field.contractTypeField %> <%= field.contractFieldValue %>

Interment Rights and Services

<% let currentFeeCategory = ""; let feeAmountTotal = 0; let taxAmountTotal = 0; %> <% for (const fee of contract.contractFees) { %> <% if (currentFeeCategory !== fee.feeCategory) { %> <% currentFeeCategory = fee.feeCategory; %> <% } %> <% if (fee.quantity !== 1) { %> <% } %> <% feeAmountTotal += fee.feeAmount * fee.quantity; taxAmountTotal += fee.taxAmount * fee.quantity; %> <% } %>
<%= fee.feeCategory %>
colspan="2"<% } %>> <%= fee.feeName %> $<%= fee.feeAmount.toFixed(2) %> × <%= fee.quantity %> $<%= fee.feeAmount.toFixed(2) %>
Sub Total $<%= feeAmountTotal.toFixed(2) %>
HST $<%= taxAmountTotal.toFixed(2) %>
Total Sale $<%= (feeAmountTotal + taxAmountTotal).toFixed(2) %>
Balance Owing $<%= (feeAmountTotal + taxAmountTotal - contractFunctions.getTransactionTotal(contract)).toFixed(2) %>

Contribution Levels to the Care and Maintenance Fund
(based on the price of Interment Rights and as prescribed by the Funeral, Burial and Cremation Services Act)

Niches the greater of 15% and $100
Crypts the greater of 20% and $500
In-ground grave (2.23 sq.m. or 24 sq.ft. or larger) the greater of 40% and $250
In-ground grave (smaller than 2.23 sq.m. or 24 sq ft) the greater of 40% and $150

Contribution Levels to the Care and Maintenance Fund - Markers
(as prescribed by the Funeral, Burial and Cremation Services Act)

Flat marker measuring less than 1,116.3 sq.m. (173 sq.in.) $0.00
Flat marker measuring over 1,116.3 sq.m. (173 sq.in.) $50.00
Upright monument measuring more than 1.22 m. (4 ft.) or less in height or length, including the base $100.00
Upright monument measuring more than 1.22m. (4 ft.) either in height or length, including the base $200.00

Contract Terms and Conditions

  1. The Purchaser may only cancel a contract for interment rights or cemetery services upon written notice of cancellation to the City Clerk in accordance with the Funeral, Burial and Cremation Services Act and the terms and conditions set out herein.
  2. Where interment rights have not been exercised and none of the contracted cemetery services have been provided and where the contract is cancelled within thirty (30) days of its execution, the Corporation shall refund the Purchaser all moneys paid less an administrative fee as set out in the Price List.
  3. Where interment rights have not been exercised and part of the contracted cemetery services have been provided, and where the contract is cancelled within thirty (30) days of its execution, the Corporation shall refund the Purchaser the amount described in (b) above which shall be reduced by the cost of cemetery services provided as set out in the current Price List.
  4. A contract for interment rights cannot be cancelled more than thirty (30) days after the date of execution of the contract.
  5. Where a contract for cemetery services is cancelled more than thirty (30) days after the date of execution of the contract, the Purchaser shall be refunded the amount described in (b) and (c) above plus the amount of income earned on that money.
  6. Written consent of all surviving interment rights holder(s), if any, and any other required documentation as set out in Cemetery By-law 2012-129 is required for: cremation, interments, disinterments, and the placement of markers, inscriptions or photos.
  7. Transfer or resale of the above listed interment rights to a third party is permitted, subject to the provisions of Cemetery By-law 2012-129 and the Funeral, Burial and Cremation Services Act. A Certificate of Interment Rights holder shall not resell interment rights for an amount that is greater than the price of those rights as indicated on the current Price List, inclusive of the care and maintenance component.
  8. No Certificate of Interment Rights holder(s) may subdivide and sell or transfer a portion of interment rights.
  9. An Interment Rights Certificate will not be issued until this Contract has been paid in full.
  10. A marker, purchased and/or installed by anyone other than the Certificate of Interment Rights holder(s) may be removed by cemetery staff upon the written request of the Certificate of Interment Rights holder(s).
  11. Dead human bodies cannot be cremated if there is a pacemaker or radioactive implant in the body or if the body is in a container made of or containing non-flammable or hazardous material or chlorinated or fibre-reinforced plastic.
  12. Dead human bodies will not be cremated unless a coroner's certificate has been provided to the operator.
  13. The Corporation shall not be responsible in the event that it is unable to or prevented from carrying out this Contract due to causes beyond its control.

Payment Terms

All pre-need interment rights and cemetery services must be paid in full at the time of ordering.

In the case of at-need interment rights and cemetery services, the interment rights and services directly related to the deceased will be invoiced by the Corporation and interest shall be charged at the rate determined by the Treasurer on the unpaid balance after thirty (30) days from the date of invoice. Such services do not include interment rights in a mausoleum.

Any rights of cancellation of this Contract, whether within thirty (30) days or after thirty (30) days can only be exercised by the Purchaser or his or her Estate Trustee.

Personal Information

The Purchaser acknowledges and provides consent to permit the Corporation to collect, use and disclose personal information in accordance with the requirements under the Funeral, Burial and Cremation Services Act and the regulations made thereunder for information within the cemetery/crematorium public register. The Purchaser also understands that the Corporation does not rent or sell personal information to third party organizations.

All information provided by the Purchaser to the Corporation shall be held, retained, disclosed, and destroyed, as the case may be, in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Consumer Information Guide and Cemetery Price List

By initialling below, the Purchaser acknowledges receiving a copy of the Ontario Government's Consumer Information Guide (where made available by the Registrar) and the Cemetery Price List at the time of entering into this Contract.

The Contract date set out below is the date on which this Contract is accepted by the Corporation.

Purchaser:   Date:  

Purchaser:   Date:  

Accepted on behalf of The Corporation
of the City of Sault Ste. Marie by:

Name: