[37] Bill 209 Royal Assent (PDF)

Bill 209 2002

An Act respecting
funerals, burials, cremations
and related services and providing
for the amendment of other statutes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS
PART I DEFINITIONS AND INTERPRETATION
1.	Definitions
PART II ADMINISTRATION
2. 3.	Director Registrar
PART III PROHIBITIONS AND GENERAL DUTIES RE: OPERATION OF BUSINESSES
4. 5. 6. 7. 8. 9. 10. 11. 12. 13.	Prohibitions respecting cemeteries Duties in operating cemeteries Prohibitions respecting crematoriums Duties in operating crematoriums Prohibitions respecting funeral establishments Duties respecting the operation of funeral establishments Casket retailing business Marker retailers business Operation of transfer services Transition
PART IV LICENSING
14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.	Requirements for licences Disclosure upon application Conditions Revocation, refusal to issue or renew, etc. Notice and hearing Immediate suspension Service requirements for hearing request Voluntary cancellation Continuation pending renewal Information re: cemetery Further application Appointment of manager Notice of transfer of shares
PART V CONSUMER PROTECTION
General
27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.	False advertising Order of registrar re: false advertising Prohibitions against soliciting False information Furnishing false information Disclosure by licensee Price list Prohibition: exceeding listed price Good standing One contract Guaranteed prices Contract price Storage of supplies Contract requirements Cancellation, unenforceable contract 30-day cooling-off period No delivery within 30 days Further cancellation rights Other persons to cancel contract Transition
Interment and Scattering Rights
47. 48. 49. 50.	Resale of rights Other rights upon purchase of interment rights Declaration of abandonment Redress
PART VI TRUST ACCOUNTS
51. 52. 53. 54. 55. 56. 57. 58. 59. 60.	Trust accounts, funds Money held in trust Cemetery care and maintenance fund Deficient care and maintenance fund Cemetery trust money temporarily held Sale of future interment rights Investment of trust funds by trustee Information to registrar, Public Guardian and Trustee Passing accounts No compensation to licensee
PART VII COMPENSATION FUNDS
61.	Compensation fund scheme
PART VIII CODE OF ETHICS AND DISCIPLINE
62. 63. 64. 65.	Code of ethics Discipline and appeal committee Discipline proceedings Transition
PART IX COMPLAINTS, INSPECTIONS AND INVESTIGATIONS
66. 67. 68. 69. 70. 71.	Complaints Inspection by registrar Inquiries concerning contravention of Act Appointment of investigators Search warrant Searches in exigent circumstances
PART X ENFORCEMENT
72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82.	Freeze order Notice registered against land Release of assets Application to court Appeal to Tribunal Appointment of receiver and manager Restraining orders Offence Orders for compensation, restitution Disclosure of default in payment of fine Liens and charges
PART XI SPECIAL PROVISIONS RE: CEMETERIES, CREMATORIUMS AND BURIAL SITES
Establishment of Cemetery or Crematorium
83. 84. 85. 86. 87.	Conditions to establishment, etc. Municipal approval Appeal to O.M.B. Registrar's consent Appeal to Tribunal
Closing Cemetery
88. 89. 90. 91. 92. 93.	Cemetery closing Appeal Certificate of closing, cemeteries Maintenance fund Other trust money Appeal to Tribunal
Burial Sites
94. 95. 96. 97. 98. 99. 100.	Disturbing burial site prohibited Unmarked burial sites Investigation into origins of site Declaration Site disposition agreement Arbitrated settlement Irregular burial site
War Graves
101.	Removal, etc., of war graves
General
102. 103. 104. 105.	Prohibition: interfering with cemetery Liability Municipal power to expropriate Act prevails
PART XII MISCELLANEOUS
106. 107. 108. 109. 110. 111.	Matters confidential Service Fees Certificate as evidence Names of and information concerning licensees Information provided
PART XIII REGULATIONS
112. 113.	Minister's regulations Lieutenant Governor in Council regulations
PART XIV REPEALS, AMENDMENTS AND TRANSITION
114.-139.		Repeals, amendments and transition
PART XV CONSEQUENTIAL AMENDMENTS
140.-153.		Consequential amendments
PART XVI COMMENCEMENT AND SHORT TITLE
154. 155.	Commencement Short title
______________

PART I
DEFINITIONS AND INTERPRETATION

Definitions

1. (1) In this Act,

"burial site" means land containing human remains that has not been approved or consented to as a cemetery in accordance with this Act or a predecessor of this Act that related to cemeteries; ("lieu de sépulture")

"casket" means a container intended to hold a dead human body for funeral, cremation or interment purposes; ("cercueil")

"cemetery" means, except when referring to an unapproved cemetery or an unapproved aboriginal peoples cemetery,

(a) land that has been established as a cemetery under sections 83 to 87 or under a predecessor of this Act that related to cemeteries and in respect of which a certificate of consent issued by the registrar under section 86 is registered in the land registry office, or

(b) land that is otherwise set aside to be used either for the interment of human remains or for the scattering of cremated human remains, or for both of those purposes,

and includes a mausoleum, columbarium or other structure intended for the interment of human remains that is situated on the land; ("cimetière")

"cemetery services" means services provided in respect of the interment of human remains or the scattering of cremated human remains at a cemetery and includes such services as may be prescribed; ("services de cimetière")

"columbarium" means a structure designed for the purpose of interring cremated human remains in compartments; ("columbarium")

"crematorium" means a building fitted with appliances for the purpose of cremating human remains that has been approved or consented to as a crematorium in accordance with sections 83 to 87 or established in accordance with the requirements of a predecessor of this Act that related to cemeteries and includes everything necessarily incidental and ancillary thereto; ("crématoire")

"crematorium services" means services provided in respect of the cremation of dead human bodies and includes such services as may be prescribed; ("services de crématoire")

"embalm" means to preserve and disinfect all or part of a dead human body by any means other than by refrigeration, but does not include religious rites relating to the washing of a body; ("embaumer")

"employ" means to employ, appoint, authorize or otherwise arrange to have another person act on one's behalf, including as an independent contractor; ("employer")

"equity share" means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; ("action participante")

"funeral director" means an individual licensed to act as a funeral director under subsection 8 (2); ("directeur de funérailles")

"funeral establishment" means premises established for the purpose of providing funeral services and includes premises used for the purpose of temporarily placing dead human bodies so that persons may attend and pay their respects; ("résidence funéraire")

"funeral services" means the care and preparation of dead human bodies, the co-ordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed, but does not include cemetery or crematorium services; ("services funéraires")

"human remains" means a dead human body or the remains of a cremated human body; ("restes humains")

"income" means the interest or money earned, including the compounding thereof, by the investment of funds, but does not include any capital gains realized from the investment of funds; ("revenu")

"inter" means the burial of human remains and includes the placing of human remains in a lot; ("inhumer")

"interment rights" includes the right to require or direct the interment of human remains in a lot; ("droits d'inhumation")

"interment rights holder" means the person who holds the interment rights with respect to a lot whether the person be the purchaser of the rights, the person named in the certificate of interment or such other person to whom the interment rights have been assigned; ("titulaire de droits d'inhumation")

"licensed services" means services that may only be sold or provided by a person licensed to do so under sections 4 to 12 or by regulation and includes interment rights and scattering rights; ("services autorisés")

"licensed supplies" means a casket or marker that may only be sold by a person who holds a licence to do so or any other supply that is sold by a person licensed under this Act in the normal course of business; ("fournitures autorisées")

"licensee" means a person who holds a licence issued under this Act; ("titulaire de permis")

"lot" means an area of land in a cemetery containing, or set aside to contain, human remains and includes a tomb, crypt or compartment in a mausoleum and a niche or compartment in a columbarium and any other similar facility or receptacle; ("sépulture")

"marker" means any monument, tombstone, plaque, headstone, cornerstone or other structure or ornament affixed to or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains; ("repère")

"mausoleum" means a building or structure, other than a columbarium, used as a place for the interment of human remains in crypts or compartments; ("mausolée")

"Minister" means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministre")

"Ministry" means the Ministry of Consumer and Business Services or the ministry of the member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministère")

"officer" includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager or assistant general manager of the corporation or a partner or general manager or assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; ("dirigeant")

"operator" means a person who is licensed to operate a cemetery, crematorium, funeral establishment, casket retailing business, marker retailing business, transfer service or any other business for which a licence may be required by regulation and includes a cemetery owner who is deemed to be a cemetery operator under subsection 5 (2); ("exploitant")

"prescribed" means prescribed by the regulations; ("prescrit")

"registrar" means the registrar appointed under section 3; ("registrateur")

"regulations" means regulations made under this Act; ("règlements")

"sales representative" means an individual who is issued a licence under this Act to sell licensed services, caskets or markers on behalf of an operator; ("représentant commercial")

"scattering grounds" means the land within a cemetery that is set aside to be used for the scattering of cremated human remains; ("aire de dispersion")

"scattering rights" includes the right to require or direct the scattering of cremated human remains on the scattering grounds of a cemetery; ("droits de dispersion")

"scattering rights holder" means the person who holds the scattering rights with respect to a scattering ground whether the person be the purchaser of the rights, the person named in the certificate of scattering or such other person to whom the interment rights have been assigned; ("titulaire de droits de dispersion")

"transfer service" means a service to the public with respect to the disposition of dead human bodies, including the transportation of dead human bodies and the filling out of the necessary documentation with respect to the disposition of dead human bodies; ("service de transfert")

"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. ("Tribunal")

Associated shareholders

(2) For the purposes of this Act, one shareholder is associated with another shareholder in any of the following circumstances:

1. One shareholder is a corporation of which the other shareholder is an officer or director.

2. One shareholder is a partnership of which the other shareholder is a partner.

3. Both shareholders are partners of the same partnership.

4. One shareholder is a corporation that is controlled directly or indirectly by the other shareholder.

5. Both shareholders are corporations and one shareholder is controlled directly or indirectly by the same person who controls directly or indirectly the other shareholder.

6. Both shareholders are members of a voting trust and the trust relates to shares of the corporation.

7. Both shareholders are associated within the meaning of paragraphs 1 to 6 with the same person.

PART II
ADMINISTRATION

Director

2. (1) Subject to subsection (2), the Minister shall appoint one or more directors for the purposes of this Act and may appoint one or more deputy directors.

Director cannot be registrar

(2) A person appointed as a registrar or a deputy registrar under subsection 3 (1) shall not be appointed as a director or a deputy director under subsection (1).

Deputy director, duties

(3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence.

Deputy director

(4) Where more than one deputy director has been appointed, only one deputy director may act as the director under subsection (3) at any one time.

Registrar

3. (1) Subject to subsection (2), the deputy minister to the Minister shall appoint one or more registrars for the purposes of this Act and may appoint one or more deputy registrars.

Registrar cannot be director

(2) A person appointed as a director or a deputy director under subsection 2 (1) shall not be appointed as a registrar or a deputy registrar under subsection (1).

Powers and duties

(3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act under the supervision of the director and a deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar's absence.

Deputy registrar

(4) If more than one deputy registrar has been appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time.

Transition

(5) The Minister shall appoint the Registrar appointed under the Board of Funeral Services Act as registrar for the purposes of this Act, to exercise all the powers and duties of the registrar under this Act in relation to licensees who are also licensees as defined in section 1 of that Act until the day the Board of Funeral Services Act is repealed under section 139.

PART III
PROHIBITIONS AND GENERAL DUTIES
RE: OPERATION OF BUSINESSES

Prohibitions respecting cemeteries
Operating cemeteries

4. (1) No person shall operate a cemetery, or hold themself out as the operator of a cemetery, unless the person is licensed to do so.

Selling rights and services

(2) No person shall sell interment rights, scattering rights or cemetery services to the public, or hold themself out as available to sell such rights or services to the public, unless,

(a) the person is licensed as a sales representative of a cemetery operator and is acting on behalf of the cemetery operator specified in the sales representative's licence; or

(b) the person is licensed as a cemetery operator.

Interring remains

(3) No person shall inter human remains in a place other than in a cemetery that is operated by a person licensed under subsection (1).

Scattering remains

(4) No person shall scatter cremated human remains at a place other than at a scattering ground operated by a person licensed under subsection (1) unless the person is permitted by regulation to scatter cremated human remains in such circumstances, at such a place or in such a manner as may be prescribed.

Duties in operating cemeteries
Owner's duties

5. (1) An owner of a cemetery shall,

(a) ensure that the cemetery is operated and maintained by a person who is licensed to operate the cemetery; and

(b) ensure that the cemetery operator complies with the requirements of this Act and the regulations.

Owner deemed operator

(2) If the operator of a cemetery is a person other than the cemetery owner and, before a new operator is found as a replacement, the operator's licence is revoked, suspended or refused renewal or the operator otherwise ceases to operate the cemetery, the owner shall, subject to the regulations,

(a) be deemed to be the operator of the cemetery for the purposes of this Act; and

(b) ensure that the cemetery is operated and maintained in accordance with this Act and the regulations.

Operator's duties

(3) A cemetery operator shall ensure that the cemetery is operated in accordance with this Act and the regulations and shall ensure that,

(a) any interment of human remains and any scattering of cremated human remains are carried out in a decent and orderly manner and that quiet and good order are maintained in the cemetery at all times;

(b) cemetery grounds, including all lots, structures and markers, are maintained to ensure the safety of the public and to preserve the dignity of the cemetery; and

(c) every person has reasonable access to a lot or scattering ground at any time except as prohibited by the cemetery by-laws.

Greater certainty

(4) For greater certainty, the duties of an owner and operator under subsections (1), (2) and (3) in relation to the maintenance of a cemetery continue until the cemetery is closed under sections 88 to 90 even though interments are no longer being carried out and cremated human remains are no longer being scattered in the cemetery.

Operator's duties re: employees, etc.

(5) A cemetery operator shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Prohibitions respecting crematoriums
Operating crematoriums

6. (1) No person shall operate a crematorium, or hold themself out as the operator of a crematorium, unless the person is licensed to do so.

Selling services

(2) No person shall sell crematorium services to the public, or hold themself out as available to sell crematorium services to the public, unless,

(a) the person is licensed as a sales representative of a crematorium operator and is acting on behalf of the crematorium operator specified in the sales representative's licence; or

(b) the person is licensed as a crematorium operator.

Cremating remains

(3) No person shall cremate a human body at a place other than a crematorium operated by a person licensed under subsection (1).

Duties in operating crematoriums
Operator's duties

7. (1) A crematorium operator shall ensure that the crematorium is operated in accordance with this Act and the regulations and shall ensure that all cremations in the crematorium are carried out in a decent and orderly manner and that quiet and good order are maintained in the crematorium at all times.

Same re: employees, etc.

(2) A crematorium operator shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Prohibitions respecting funeral establishments
Operating funeral establishments

8. (1) No person shall operate a funeral establishment, or hold themself out as the operator of a funeral establishment, unless the person is licensed to do so.

Acting as funeral director

(2) No person shall act as a funeral director, or hold themself out as available to act as a funeral director, unless the person is an individual who is licensed to do so.

Same

(3) For the purpose of subsection (2), any person who offers, sells or arranges for the provision of funeral services is acting as a funeral director.

Management

(4) The operator of a funeral establishment shall ensure that the funeral establishment is managed by a funeral director.

Restriction on managing more than one

(5) No funeral director shall manage more than one funeral establishment except in the prescribed circumstances.

Same: embalming

(6) No person shall embalm dead human bodies, or hold themself out as available to embalm dead human bodies, unless,

(a) the person holds a licence to act as a funeral director and the licence authorizes the person to embalm dead human bodies; or

(b) a person is part of a class of persons prescribed by regulation and licensed under this Act.

Place of business

(7) The operator of a funeral establishment shall not operate the funeral establishment at a place other than the place named in the licence.

Exception, trainees

(8) Despite subsections (2) and (6), a person who is not a funeral director may act as a funeral director or embalm a dead human body if the person is,

(a) a person in a training program who is working under the supervision and in the presence of a funeral director; or

(b) a person who is enrolled in a course of funeral services education recognized by the Ministry and who is working under the supervision and in the presence of the course instructor.

Same

(9) Despite subsection (6), a person who is not a funeral director may embalm a dead human body if the person is employed in a faculty of medicine or in a school of anatomy designated under the Anatomy Act.

Exception

(10) Despite anything in this section, a licence is not required with respect to rites or ceremonies traditionally provided in a place of worship.

Duties respecting the operation of funeral establishments
Operators

9. (1) The operator of a funeral establishment shall ensure that,

(a) the funeral establishment is operated in accordance with this Act and the regulations;

(b) every funeral director that is employed in the funeral establishment carries out his or her duties in compliance with this Act and the regulations; and

(c) every other person to whom the operator or the managing funeral director delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Funeral directors

(2) Every funeral director shall comply with the requirements of this Act and the regulations.

Corporations

(3) If the operator of a funeral establishment is a corporation, it shall ensure that at least one of the directors of the corporation is a funeral director.

Partnerships

(4) If the operator of a funeral establishment is a partnership, it shall ensure that at least one of the partners is a funeral director.

Sole proprietor

(5) If the operator of a funeral establishment is an individual, he or she shall be a funeral director.

Corporation sole

(6) If the operator of a funeral establishment is a corporation sole, it shall ensure that such a person as may be prescribed is a funeral director.

Casket retailing business
Prohibition: operation of business

10. (1) No person shall operate a casket retailing business, or hold themself out as the operator of such a business, unless the person is licensed to do so.

Same: sale of caskets

(2) No person shall sell a casket to the public, or hold themself out as available to sell a casket to the public, unless the person is,

(a) licensed to operate a casket retailing business, cemetery or crematorium;

(b) licensed as a sales representative of the operator of a casket retailing business, cemetery or crematorium and acting on behalf of the operator specified in his or her licence;

(c) licensed as a funeral director and selling on behalf of a funeral establishment; or

(d) such other person as may be prescribed.

Place of business

(3) A person who is licensed to operate a casket retailing business shall not operate the business at a place other than the place named in the licence.

Operator's duties

(4) The operator of a casket retailing business shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Marker retailing business
Prohibition: operation

11. (1) No person shall operate a marker retailing business, or hold themself out as the operator of such a business, unless the person is licensed to do so.

Same: sale of markers

(2) No person shall sell a marker to the public, or hold themself out as available to sell a marker to the public, unless the person is,

(a) licensed to operate a marker retailing business, cemetery or crematorium;

(b) licensed as a sales representative of the operator of a marker retailing business, cemetery or crematorium and acting on behalf of the operator specified in his or her licence;

(c) licensed as a funeral director and selling on behalf of a funeral establishment; or

(d) such other person as may be prescribed.

Place of business

(3) A person who is licensed to operate a marker retailing business shall not operate the business at a place other than the place named in the licence.

Operator's duties

(4) The operator of a marker retailing business shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Operation of transfer services
Prohibition

12. (1) No person shall operate, or hold themself out as the operator of a transfer service, unless the person is,

(a) licensed to operate a transfer service; or

(b) licensed to operate a funeral establishment and the transfer service is operated as part of the normal operation of the funeral establishment.

Selling services

(2) No person shall sell transfer services to the public, or hold themself out as available to sell transfer services to the public, unless,

(a) the person is licensed as a sales representative of a transfer service operator and is acting on behalf of the transfer service operator specified in the sales representative's licence;

(b) the person is licensed as a transfer service operator; or

(c) the person is licensed as a funeral director and selling on behalf of a funeral establishment operator.

Place of business

(3) A person who is licensed to operate a transfer service shall not operate the transfer service at a place other than the place named in the licence.

Operator's duties

(4) The operator of a transfer service shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Transition

13. (1) Despite the repeal of the Cemeteries Act (Revised), any person who held a licence as a sales representative for a cemetery or a crematorium under that Act immediately before sections 4 and 6 of this Act are proclaimed into force shall be deemed to hold a licence as a sales representative for a cemetery or a crematorium, as the case may be, under this Act until the person is required to renew their licence under this Act.

Same

(2) If a person was licensed as a cemetery owner under the Cemeteries Act (Revised) immediately before section 4 of this Act is proclaimed into force and the person would be required to be licensed as a cemetery operator under this Act, the person shall be deemed to be licensed as a cemetery operator under this Act until the person is required to renew their licence under this Act.

Same

(3) If a person was licensed as a crematorium owner under the Cemeteries Act (Revised) immediately before section 6 of this Act is proclaimed into force and the person would be required to be licensed as a crematorium operator under this Act, the person shall be deemed to be licensed as a crematorium operator under this Act until the person is required to renew their licence under this Act.

Same

(4) Despite the repeal of sections 19 and 20 of the Board of Funeral Services Act, any person who held a licence as the operator of a funeral establishment, as a funeral director or as the operator of a transfer service under that Act immediately before section 8 or 12 of this Act is proclaimed into force shall be deemed to hold an equivalent licence under this Act until the person is required to renew their licence under this Act.

PART IV
LICENSING

Requirements for licences

14. (1) An applicant is entitled to a licence or to a renewal of that licence unless,

(a) the applicant or an interested person in respect of the applicant is carrying on activities,

(i) that are in contravention of this Act or the regulations, or

(ii) that will be in contravention of this Act, the regulations or a municipal by-law if the applicant is issued a licence;

(b) having regard to the applicant's financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business;

(c) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds to believe that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(d) the applicant, an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for a renewal of the licence;

(e) in the case of an applicant for a licence to operate a funeral establishment, or for a renewal of that licence,

(i) where the applicant is a corporation, the applicant does not have a funeral director as a director of the corporation,

(ii) where the applicant is a sole proprietor, the applicant is not a funeral director,

(iii) where the applicant is a partnership, the applicant does not have a funeral director as a partner in the partnership, or

(iv) where the applicant is a corporation sole, such person as may be prescribed is not a funeral director;

(f) in the case of an applicant for a licence to operate a cemetery, crematorium, funeral establishment, casket or marker retailing business or transfer service, or a renewal of such a licence,

(i) in the opinion of the registrar, the applicant or managing employees of the applicant do not have the experience and competence required to manage the business in accordance with the law,

(ii) the applicant is unable to provide the resources and facilities required to manage a business, or

(iii) the registrar has reasonable grounds to believe that the operation of the business by the applicant creates a risk to public health, safety or decency;

(g) the applicant or such other person as may be prescribed has not successfully completed such educational requirements as may be prescribed; or

(h) the applicant is a corporation and,

(i) having regard to its financial position or the financial position of an interested person in respect of the corporation, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,

(ii) having regard to the financial position of its officers or directors or of an interested person in respect of its officers or directors, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,

(iii) the past conduct of its officers or directors or of an interested person in respect of its officers or directors or of an interested person in respect of the corporation affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty, or

(iv) an officer or director of the corporation makes a false statement or provides a false statement in an application for a licence or for renewal of a licence.

Licence not transferable

(2) A licence is not transferable.

Interested persons

(3) For the purposes of subsection (1), a person shall be deemed to be an interested person in respect of another person if, in the opinion of the registrar,

(a) the person has or may have a beneficial interest in the other person's business;

(b) the person exercises or may exercise control either directly or indirectly over the other person; or

(c) the person has provided or may have provided financing either directly or indirectly to the other person's business.

Disclosure upon application
Corporations

15. (1) Upon being issued a licence or a renewal of a licence, an applicant that is a corporation shall disclose to the registrar the identity of any shareholders or any associated shareholders that beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the issuance of the licence or of its renewal, as the case may be.

Calculating number of shares

(2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total number of all shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried.

Individuals

(3) If an applicant for a licence or a renewal of a licence intends to be employed by more than one operator or intends to operate a licensed business and be employed by another operator, the applicant shall disclose this fact to the registrar and to any operator by whom he or she is employed or intends to be employed.

Change in employer

(4) A licensee who is employed by an operator shall disclose such information as may be prescribed to the registrar and to the operator within the prescribed time if the licensee changes employment or begins working as an employee for another operator.

Conditions

16. (1) A licence is subject to such conditions as are consented to by the applicant or licensee, imposed by the registrar under subsection (2), ordered by the Tribunal or prescribed by regulation.

Same

(2) Subject to section 18, the registrar may,

(a) issue or renew the licence, subject to such conditions as he or she considers appropriate; and

(b) at any time, attach such conditions as he or she considers appropriate to a licence.

Revocation, refusal to issue or renew, etc.

17. (1) Subject to section 18, the registrar may refuse to issue a licence or to renew a licence or may suspend or revoke a licence if, in his or her opinion, the applicant or licensee is not eligible for a licence under section 14 or the licensee is in breach of a condition of his or her licence.

Limitation re: suspension of operation of cemetery

(2) Despite subsection (1), the registrar shall not suspend or revoke a licence to operate a cemetery unless the director has appointed a manager in accordance with section 25 to operate the cemetery instead of the person who is licensed to operate it.

Notice and hearing

18. (1) The registrar shall notify an applicant or licensee in writing if he or she proposes to,

(a) refuse to issue or renew a licence;

(b) suspend or revoke a licence; or

(c) apply conditions to a licence or renewal of a licence to which the applicant or licensee has not consented.

Content of notice

(2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.

Service

(3) The notice of proposal shall be served on the applicant or licensee in accordance with section 20.

Where no request for hearing

(4) If an applicant or licensee does not request a hearing in accordance with subsection (2), the registrar may carry out the proposal.

Hearing and order

(5) If a hearing is requested, the Tribunal shall hold the hearing and may by order direct the registrar to carry out the registrar's proposal or substitute its opinion for that of the registrar and may attach conditions to its order or to a licence.

Parties

(6) The registrar, the applicant or licensee and such other persons as the Tribunal may specify are parties to the proceedings under this section.

Immediate effect pending appeal

(7) Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Immediate suspension

19. (1) If the registrar proposes to suspend or revoke a licence under section 17 and if the registrar considers it in the public interest to do so, the registrar may by order temporarily suspend the licence.

Immediate effect

(2) An order under subsection (1) takes effect immediately.

Expiry of order

(3) If a hearing is requested under section 18,

(a) the order expires 15 days after the written request for a hearing is received by the Tribunal; or

(b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).

Same

(4) Despite subsection (3), if it is satisfied that the conduct of the licensee has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order,

(a) until the hearing commences; and

(b) once the hearing commences, until the hearing is concluded.

Service requirements for hearing request

20. (1) A request for a hearing under section 18 is sufficiently served if delivered personally or if sent by registered mail or by such other manner as may be prescribed to the registrar and to the Tribunal.

Same

(2) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing.

Other methods

(3) Despite this section, the Tribunal may order any other method of service.

Voluntary cancellation

21. The registrar may cancel a licence upon the request in writing of the licensee and section 18 does not apply to the cancellation.

Continuation pending renewal

22. If, within the time prescribed or, if no time is prescribed, before the expiry of the licensee's licence, the licensee has applied for renewal of a licence and paid the fee required under section 108, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) if the licensee is served notice that the registrar proposes to refuse to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.

Information re: cemetery

23. (1) Every cemetery operator shall file with the registrar such information as may be prescribed at such time and in such manner as may be prescribed.

Failure to file information

(2) An operator who fails to file the information in accordance with subsection (1) shall, upon receiving notice of the failure from the registrar, do or cease to do such things as are prescribed.

Further application

24. A person who is refused a licence or a renewal of a licence or whose licence is revoked may reapply for a licence only if,

(a) the time prescribed to reapply has passed since the refusal, revocation or refusal to renew; and

(b) new or other evidence is available or it is clear that material circumstances have changed.

Appointment of manager

25. (1) The director may appoint a manager to operate a cemetery in the place of the person who is licensed to operate the cemetery if,

(a) the director has reasonable and probable grounds, based on a statement under oath, to believe that the person licensed to operate the cemetery is doing or is about to do something in the operation of the cemetery that,

(i) creates or is likely to create a risk to public health, safety or decency, or

(ii) is causing or is likely to cause financial loss to members of the public; or

(b) the licence of the person who operates the cemetery is suspended or revoked.

Powers of manager

(2) A manager appointed under subsection (1) has all the powers of the person licensed to operate the cemetery with respect to the operation of the cemetery and may,

(a) exclude the cemetery operator or the cemetery owner from the premises of the business; or

(b) if the cemetery operator or the cemetery owner is a corporation, exclude the directors and officers of the corporation from the premises of the business.

Effect of appointment

(3) From the time a manager is appointed under subsection (1) until the day the appointment is cancelled, the person licensed to operate the cemetery shall not deal with any assets or trust funds relating to the cemetery and shall not be involved in the operation of the cemetery.

Cancellation

(4) Any person affected by an appointment of a manager may apply to a judge of the Superior Court of Justice for an order cancelling the appointment and the order may include such directions and conditions as seems appropriate.

Notice of transfer of shares

26. (1) In addition to the disclosure required under subsection 15 (1), every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or the transfer of any equity shares if the issue or transfer results in any one shareholder or any associated shareholders,

(a) acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the licensee; or

(b) increasing such holding, if the shareholder or associated shareholders already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares before the issue or transfer.

Same

(2) Despite subsection (1), if a licensee that is a corporation becomes aware of a transfer that otherwise falls into subsection (1) after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.

Calculation of total number of equity shares

(3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes it carries.

PART V
CONSUMER PROTECTION

General

False advertising

27. No licensee shall make a false, misleading or deceptive statement in any advertisement, circular, pamphlet or material published or distributed by any means relating to the sale or provision of any licensed supplies or services.

Order of registrar re: false advertising

28. (1) Where the registrar believes on reasonable grounds that a licensee is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material published by any means, the registrar may,

(a) order the cessation of the use of such material;

(b) order the licensee to retract the statement or publish a correction of equal prominence to the original publication; or

(c) order both a cessation described in clause (a) and a retraction or correction described in clause (b).

Notice and hearing

(2) Section 18 applies with necessary modifications to an order under this section in the same manner as to a proposal by the registrar to refuse to issue a licence.

Effect

(3) The order of the registrar shall take effect immediately, but the Tribunal may grant a stay until the registrar's order becomes final.

Preapproval

(4) If the licensee does not appeal an order under this section or if the order or a variation of it is upheld by the Tribunal, the licensee shall, upon the request of the registrar, submit all statements in any advertisement, circular, pamphlet or similar material to the registrar for approval before publication for such period as may be prescribed.

Prohibitions against soliciting
By phone or in person

29. (1) No licensee or other person shall contact, by telephone or in person, a person for the purpose of soliciting the making of, or negotiating, a contract for the sale or provision of a licensed supply or service.

Vulnerable persons

(2) No licensee or other person shall contact, by any means, a person in a hospital, nursing home, home for the aged, hospice or such other institution as may be prescribed for the purpose of soliciting the making of, or negotiating, a contract for the sale or provision of a licensed supply or service.

Exception

(3) This section does not prohibit a licensee from,

(a) contacting a person at the request of that person; or

(b) contacting another licensee for the purpose of soliciting the making of, or negotiating, a contract referred to in subsection (1) if the supplies or services sold or provided under the contract are not for the personal use or benefit of the other licensee.

False information

30. No licensee shall,

(a) falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to the sale or provision of any licensed supplies or services; or

(b) make a misleading or deceptive statement, or assist, induce or counsel another person to make a misleading or deceptive statement, in any information or document relating to the sale or provision of any licensed supplies or services.

Furnishing false information

31. No licensee shall furnish, assist in furnishing or induce or counsel another person to furnish or assist in furnishing any false, misleading or deceptive information or documents relating to the sale or provision of any licensed supplies or services.

Disclosure by licensee

32. (1) A licensee shall disclose such information as may be prescribed to such persons as may be prescribed and shall make the disclosure at such time and in such a manner as may be prescribed.

Remedies

(2) If a licensee fails to make a disclosure as required under subsection (1) or fails to do so in a timely way, in addition to any other remedies that may be available, the person to whom disclosure should have been made is entitled to such other remedies as may be prescribed.

Price list

33. (1) Every operator shall maintain a price list of the licensed supplies and services that are provided by the operator in accordance with the regulations.

Price list available to public

(2) Every licensee shall make the price list maintained under subsection (1) available to the public in accordance with the regulations.

Prohibition: exceeding listed price

34. (1) No licensee shall charge, collect or receive any amount of money for a licensed supply or service that is more than the price indicated on the price list maintained under section 33.

Repayment

(2) A licensee who charges, collects or receives an amount of money for a licensed supply or service that is more than the price indicated on the price list or, if the price for the supply or service sold is not on the price list, more than the price charged for a similar supply or service, shall repay the difference to the purchaser.

Good standing

35. (1) No operator shall enter into a contract for the sale or provision of licensed supplies or services unless the operator has made such payments to the prescribed compensation scheme as may be required by regulation.

Same

(2) An operator shall ensure that no person enters into a contract for the sale or provision of licensed supplies and services on the operator's behalf unless the operator has made such payments to the prescribed compensation scheme as may be required by regulation.

One contract

36. If a licensee agrees to sell or provide licensed supplies or services for the benefit of a person, all the licensed supplies or services to be sold or provided for the benefit of that person shall be included in a single contract.

Guaranteed prices

37. No licensee shall enter into a contract that guarantees the price of a particular licensed supply or service that is to be provided at a future date, unless the contract guarantees the price of all licensed supplies and services to be provided under the contract.

Contract price

38. If money is paid under a contract for the sale or provision of licensed supplies and services in advance of the provision of the supplies and services and, subsequent to the payment but before the provision of the supplies and services, the price for the supplies and services indicated on the operator's price list increases or decreases,

(a) in the case of an increase, the operator shall not charge the purchaser any additional amount in respect of the increase; and

(b) in the case of a decrease, the operator shall, upon the provision of the supplies or services, refund to the purchaser an amount equal to the difference between the lower price indicated on the price list and the amount paid by the purchaser under the contract.

Storage of supplies

39. An operator who sells a prescribed licensed supply in advance of the use of the supply shall, in the prescribed circumstances, store the supply, or ensure that the supply is stored by another person, in accordance with the regulations.

Contract requirements

40. (1) A contract for the provision of licensed supplies or services is not enforceable by an operator unless,

(a) the contract is written, signed by both parties and complies with the regulations;

(b) the contract sets out the purchaser's cancellation rights under this Act;

(c) the contract sets out all the supplies and services to be provided and the price charged for each of them;

(d) the operator delivers a signed copy of the contract to the purchaser in the prescribed manner;

(e) in the case of a contract for the purchase of interment rights, the operator delivers to the purchaser,

(i) a copy of the by-laws of the cemetery and written notice as to whether the by-laws of the cemetery permit the purchaser to resell the interment rights to a third party, and

(ii) a description of the location of the lot that is purchased;

(f) in the case of a contract for the purchase of scattering rights, the operator delivers to the purchaser,

(i) a copy of the by-laws of the cemetery and written notice as to whether the by-laws of the cemetery permit the purchaser to resell the scattering rights to a third party, and

(ii) a description of the location of the scattering ground where the rights may be exercised;

(g) in the case of a contract for the purchase of crematorium supplies and services, the operator delivers to the purchaser a copy of the crematorium's by-laws; and

(h) such other requirements as may be prescribed are met.

Right of action

(2) A purchaser under a contract that does not meet the requirements of clauses (1) (a), (b) or (c) or in respect of which the operator has not complied with the requirements of clauses (1) (d), (e), (f), (g) or (h) may bring an action in a court of competent jurisdiction to recover any amounts paid under the contract together with costs if,

(a) the purchaser has given the operator notice of cancellation under subsection 41 (1); and

(b) the operator has refused to pay the purchaser the amount payable under subsection 41 (2).

Joint liability in funeral establishments

(3) If a person is entitled to the repayment of money paid for or on account of funeral services, the operator of the funeral establishment, the funeral director who manages the funeral establishment and any funeral director employed in the funeral establishment who received the money or any part thereof are liable jointly and severally with any other person who is liable for the repayment of the money.

Cancellation, unenforceable contract

41. (1) A purchaser under a contract that is not enforceable by the operator under subsection 40 (1) may cancel the contract at any time after it is made by giving the operator written notice of cancellation.

Refund

(2) An operator who receives a notice of cancellation under subsection (1) shall, within 30 days of receiving the notice, refund to the purchaser all money received under the contract together with any income earned on that money.

Where contract performed

(3) Subsections (1) and (2) apply even though the licensed supplies and services provided for under the contract have been delivered or performed.

Repossession or return of supplies

(4) If licensed supplies were delivered under a contract that is cancelled under this section, the purchaser shall, subject to the regulations,

(a) permit the supplies to be repossessed by the operator who delivered them;

(b) return the supplies to the operator; or

(c) deal with them in such manner as may be prescribed.

Reasonable care

(5) If a purchaser cancels a contract under this section, the purchaser shall take reasonable care of the licensed supplies delivered to the purchaser under the contract for the prescribed period.

30-day cooling-off period

42. (1) If a purchaser enters into a contract for the provision of licensed supplies and services and all of the requirements in subsection 40 (1) are met, the purchaser is entitled to cancel the contract at any time within 30 days after the day on which the last of the requirements described in subsection 40 (1) is met.

Notice

(2) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of the cancellation.

Refund

(3) An operator who receives a notice of cancellation under subsection (2) shall, within 30 days after receiving the notice, refund to the purchaser all money received under the contract together with any income earned on that money.

Where contract performed

(4) Subsections (1), (2) and (3) apply even though the licensed supplies and services provided for under the contract have been delivered or performed.

Repossession or return of supplies

(5) Subsections 41 (4) and (5) apply with necessary modifications to a purchaser who cancels a contract under this section.

No delivery within 30 days

43. (1) An operator who enters into a contract for the provision of licensed supplies and services shall not provide any of the licensed supplies and services under the contract within the 30 days after the day the contract is made unless the purchaser consents to their provision in accordance with subsection (2).

Consent to delivery

(2) In such circumstances as may be prescribed, a purchaser under a contract described in subsection (1) may consent to the provision by the operator of all or part of the licensed supplies and services under the contract within 30 days after the day the contract is made.

Same

(3) A consent under subsection (2) shall be in writing on a form that meets such requirements as may be prescribed.

Validity of consent

(4) A consent under subsection (2) is not valid unless, before the consent is given, the operator gives the purchaser written notice in accordance with the regulations which shall,

(a) set out the fact that this Act prohibits the provision of the supplies and services within 30 days after the day the contract is made unless the purchaser gives his or her consent in accordance with subsection (2);

(b) inform the purchaser that if consent is given to receive licensed supplies and services within the 30-day period described in subsection (1), the purchaser, as of the time the supplies and services are provided, is no longer entitled to cancel the contract under section 42 with respect to those supplies and services.

If consent given

(5) If the purchaser consents to the provision of licensed supplies and services within 30 days after the day the contract is made,

(a) between the time the consent is given and such time as the supplies and services are provided,

(i) the purchaser continues to be entitled to cancel the contract under sections 41 and 42 with respect to all supplies and services under the contract, including those in respect of which the consent was given, and

(ii) if the purchaser exercises his or her right of cancellation under section 41 or 42, the amount of the refund to which the purchaser is entitled shall be the amount provided for under section 41 or 42, as the case may be, less a prescribed amount; and

(b) after the supplies and services are provided,

(i) the purchaser is no longer entitled to cancel the contract under section 42 with respect to the supplies and services that have been provided,

(ii) the purchaser continues to be entitled to cancel the contract under section 41 or 42 with respect to any other licensed supplies and services under the contract, and

(iii) if the purchaser exercises his or her right of cancellation as described in subclause (ii), the amount of the refund to which the purchaser is entitled shall be the amount provided for under section 41 or 42, as the case may be, less the value of such supplies and services as have been provided with the purchaser's consent.

Where delivery without consent

(6) If the operator provides licensed supplies and services to a purchaser within 30 days after the day the contract is made without obtaining the consent of the purchaser under subsection (2), the purchaser continues to be entitled to such cancellation rights with respect to those supplies and services as are provided under sections 41 and 42.

Revoking consent

(7) A purchaser may revoke a consent given under this section at any time before the provision of the licensed supplies or services by giving the operator written notice of the revocation on a form that meets such requirements as may be prescribed.

Further cancellation rights

44. (1) In addition to any right of cancellation under section 41 or 42, the purchaser under a contract for the provision of licensed supplies and services, other than interment rights and scattering rights, may cancel the contract at any time after the 30-day cooling-off period described in section 42 but before such time as the contract is fully performed by the operator.

Notice

(2) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of cancellation.

Election to return, etc.

(3) If supplies were delivered under a contract that is cancelled under this section, the purchaser may elect to keep all or part of the supplies or to return all or part of the supplies that have been delivered or make them available to be repossessed by the operator.

Refund

(4) An operator who receives a notice of cancellation under subsection (1) shall, within 30 days of receiving the notice, refund to the purchaser,

(a) if none of the licensed supplies and services under the contract have been provided at the time the contract is cancelled, all money received under the contract together with any income earned on that money, less a prescribed amount; and

(b) if part of the licensed supplies and services under the contract have been provided at the time the contract is cancelled, the amount provided for under clause (a) less the value of such supplies as the purchaser has elected to keep.

Reasonable care

(5) If a purchaser elects under subsection (3) to return licensed supplies to the operator or to make the supplies available for repossession, the purchaser shall take reasonable care of the supplies until such time as the supplies are in the operator's possession.

Customized goods

(6) Despite subsection (4), the amount of the refund to which a purchaser who cancels a contract under this section is entitled shall not be as provided under subsection (4) but shall be determined in accordance with the regulations if,

(a) under the terms of the cancelled contract, the operator was required to provide licensed supplies that were customized to the purchaser's specifications; and

(b) the operator has, at the time of the cancellation, incurred expenses in relation to the provision of the customized supplies.

Other persons to cancel contract

45. The rights to cancel a contract to which a purchaser under the contract is entitled under sections 41, 42 and 44 may also be exercised by such other persons as may be prescribed and the refund payable under those sections may be required to be paid to such other persons as may be prescribed, if the regulations so provide.

Transition

46. (1) The cancellation rights under sections 41, 42 and 44 apply to any contracts made under this Act on or after the day these sections come into force.

Same

(2) The cancellation rights provided under any predecessor legislation continue to apply with respect to any contract to which they applied before the day sections 41, 42 and 44 come into force.

Interment and Scattering Rights

Resale of rights

47. (1) Despite section 4, an interment rights holder or a scattering rights holder has the right to sell the interment rights or scattering rights, as the case may be, to a third party before the rights are exercised, if such a resale is not prohibited by the by-laws of the cemetery.

Disclosure to third party

(2) An interment rights holder or a scattering rights holder who sells interment rights or scattering rights under subsection (1) shall disclose in writing,

(a) to the third party purchaser, such information as may be prescribed; and

(b) to the cemetery operator, such information as may be prescribed in such a manner as may be prescribed.

Prohibition against speculating

(3) No person shall purchase interment rights or scattering rights for the sole or primary purpose of reselling the rights with a view to making a financial gain.

Same

(4) An interment rights holder or a scattering rights holder who resells rights under this section shall not sell the rights for an amount that is greater than the price of those rights as indicated on the cemetery's price list.

If no resale permitted

(5) Subject to subsections (9) and (10), if the by-laws of a cemetery prohibit an interment rights holder or a scattering rights holder to sell the interment rights or scattering rights to a third party, then, in addition to any rights of cancellation that may exist under section 41 or 42, the rights holder may, at any time, cancel the contract under which the rights were purchased by giving the cemetery operator written notice of the cancellation and require the operator to repurchase the interment rights or the scattering rights, as the case may be.

Refund

(6) If an interment rights holder or a scattering rights holder cancels a contract for the purchase of interment rights or scattering rights under subsection (5), the operator shall pay the rights holder the greater of the following amounts, less a prescribed amount:

1. All money received by the operator under the contract.

2. The market value of the interment rights or scattering rights on the day the operator receives notice of cancellation of the contract.

Evidence

(7) For the purposes of paragraph 2 of subsection (6), the value of the interment rights or scattering rights, as the case may be, as indicated on the price list maintained by the operator under section 33 shall be evidence of the market value of the rights.

Timing

(8) A refund under subsection (6) shall be made by the cemetery operator within 30 days of receiving notice of the cancellation.

No cancellation right

(9) A person who holds interment rights with respect to a lot in a cemetery plot is not entitled to cancel the contract under which the rights were purchased under subsection (5) if interment rights to another lot in the plot have already been exercised.

Same: scattering rights

(10) A person who holds scattering rights with respect to scattering grounds in a cemetery is not entitled to cancel the contract under which the rights were purchased under subsection (5) if other scattering rights with respect to the same scattering grounds have already been exercised.

Plot

(11) In subsection (9),

"plot" means two or more lots in respect of which the rights to inter have been sold as a unit.

Application

(12) This section applies to any contract for the provision of interment rights or scattering rights, including any such contract that was made before the day this section comes into force.

Other rights upon purchase of interment rights

48. (1) An interment rights holder or his or her personal representative has the right to,

(a) inter any human remains in the lot to which the interment rights relate in accordance with the cemetery by-laws;

(b) erect a marker on the lot, or other receptacle for human remains, to which the interment rights relate if doing so does not contravene the cemetery by-laws;

(c) reasonable access to the lot to which interment rights relate at any time permitted under the cemetery by-laws; and

(d) once the interment rights have been paid in full, receive a certificate of interment rights from the operator.

Same

(2) An interment rights holder and the relatives of any person whose remains are interred in a cemetery have the right to decorate the lot in which the remains are interred if the decoration does not contravene the cemetery by-laws.

Same: scattering rights

(3) A scattering rights holder or his or her personal representative has the right to,

(a) scatter any cremated human remains on the scattering grounds to which the scattering rights relate in accordance with the cemetery by-laws;

(b) erect a marker on the scattering grounds to which the scattering rights relate if doing so does not contravene the cemetery by-laws;

(c) reasonable access to the scattering grounds to which the rights relate at any time permitted under the cemetery by-laws; and

(d) once the scattering rights have been paid in full, receive a certificate of scattering rights from the operator.

Same

(4) A scattering rights holder and the relatives of any person whose cremated remains are scattered in a cemetery have the right to decorate the scattering grounds on which the remains are scattered if the decoration does not contravene the cemetery by-laws.

Declaration of abandonment

49. (1) If interment rights or scattering rights are sold and are not exercised within 20 years of the date of sale, the cemetery operator may, after the 20 years has elapsed, apply to the registrar for a declaration that the rights are abandoned.

Inquiry by registrar

(2) Upon receiving an application under subsection (1), the registrar shall make such inquiry as seems reasonable in the circumstances and direct the operator of the cemetery to give notice of the application to such persons as seems reasonable in the circumstances.

Declaration

(3) Upon being satisfied that the interment rights or scattering rights are abandoned, the registrar shall issue a declaration to that effect.

Notice

(4) The registrar shall give notice of the declaration or of a decision not to issue a declaration to the applicant and to every person who has indicated to the registrar an interest in the matter.

Appeal

(5) Any person with an interest in the matter may appeal the decision of the registrar to the Tribunal within 30 days after notice of the decision is given under subsection (4).

Effect of declaration

(6) If the registrar has declared interment rights or scattering rights abandoned, the operator of the relevant cemetery may,

(a) sell the interment rights or scattering rights; and

(b) remove any marker that has been erected on the lot or scattering ground in respect of which the interment rights or scattering rights have been declared abandoned.

Time limitation on sale

(7) The operator of a cemetery shall not sell interment rights or scattering rights that have been declared abandoned until,

(a) if there is no appeal, the end of the time for appeal; or

(b) if there is an appeal, the Tribunal has affirmed the declaration of abandonment.

Storage of marker

(8) The operator of a cemetery who removes a marker under clause (6) (b) shall keep the marker in storage at the operator's expense for a period of at least 20 years.

Redress

50. (1) A person whose interment rights or scattering rights have been declared abandoned under section 49 may apply to the registrar for an order under subsection (2).

Order

(2) Upon receiving an application under subsection (1), the registrar may order,

(a) if the operator of the cemetery has sold the interment rights or scattering rights to another person,

(i) in the case of interment rights that have been sold, that the operator of the cemetery provide the applicant with interment rights with respect to a lot, in the cemetery or in another cemetery operated by the same person, that the applicant considers equivalent to or better than the lot in respect of which the interment rights were declared abandoned,

(ii) in the case of scattering rights that have been sold, that the operator of the cemetery provide the applicant with scattering rights with respect to a scattering ground, in the cemetery or in another cemetery operated by the same person, that the applicant considers equivalent to or better than the scattering grounds in respect of which the scattering rights were declared abandoned, or

(iii) that the operator of the cemetery reimburse the applicant for the loss of the interment rights or scattering rights in an amount prescribed by regulation; or

(b) if the operator of the cemetery has not sold the interment rights or scattering rights to another person, that the declaration of abandonment be cancelled and that the operator of the cemetery restore the rights to the applicant.

Marker restored

(3) If the registrar orders an operator to provide alternative interment rights or scattering rights or to restore the applicant's interment rights or scattering rights, the operator of the cemetery shall re-erect any marker stored under clause 49 (6) (b) at the appropriate site at the operator's expense.

PART VI
TRUST ACCOUNTS

Trust accounts, funds

51. An operator shall maintain such trust accounts or establish such trust funds as may be required by regulation.

Money held in trust

52. (1) An operator who receives money in respect of the sale of licensed supplies or services, in advance of the provision of those supplies or services, shall ensure that the money is held in trust in accordance with the regulations.

Money in respect of sale

(2) For the purposes of subsection (1), money received by an operator in respect of a sale of licensed supplies and services includes any money paid by the purchaser to cover an administrative fee or any disbursements incurred by the operator.

Non-application

(3) This section does not apply to money received by or on behalf of a cemetery operator if the money is required to be paid into a fund under clause 53 (7) (b) or section 56.

Payments into trust

(4) A licensee shall pay the money that is required to be held in trust into a trust account within the prescribed time.

Payment out of trust account

(5) Money held in trust under this section and any income from the money shall not be paid out except,

(a) to cover the cost of expenses that the licensee incurs in order to provide the supplies and services under the contract;

(b) upon cancellation of the contract to purchase the licensed supplies or services; or

(c) in accordance with the regulations.

Disbursement of capital gains

(6) Capital gains realized from the investment of money held in trust under this section shall be disbursed in accordance with the regulations.

Repayment of excess

(7) If, at the time licensed supplies and services are provided, the money that was placed in the trust account for the provision of the supplies and services, together with any income earned on that money, exceeds the current selling price for the supplies and services as set out in the price list maintained by the operator under section 33, the excess money, including any income earned on the money, shall be paid out of the trust fund to a prescribed person in accordance with the regulations.

Use of income by operator

(8) If, at the time licensed supplies and services are provided, the money that was placed in the trust account for the provision of the supplies and services is less than the current selling price for the supplies and services as set out in the price list maintained by the operator under section 33, the operator may apply any income earned on the money held in trust to cover the cost of the supplies and services.

Application

(9) This section applies to money received by an operator on or after the day this section comes into force.

Transition

(10) If an operator who was licensed under a predecessor Act is, immediately before the day this section comes into force, holding in trust money to which this section would apply if it were received by the operator on or after the day this section comes into force, the operator shall continue to hold the money in trust on and after the day this section comes into force in accordance with the rules established under the predecessor Act.

Cemetery care and maintenance fund

53. (1) Every cemetery operator who sells, assigns or transfers interment rights or scattering rights shall establish a trust fund to be known as the cemetery's care and maintenance fund.

Place

(2) The care and maintenance fund shall be established in a prescribed type of institution.

Purpose of fund

(3) The purpose of the care and maintenance fund is to generate income for the care and maintenance of the cemetery.

Trustee of fund

(4) The care and maintenance fund shall be administered by a trustee who meets the prescribed criteria or is employed by a prescribed type of institution.

Exception, municipal operator

(5) Despite subsection (4), a municipality that is licensed to operate a cemetery may act as the trustee,

(a) of the care and maintenance fund established by that municipality; or

(b) in prescribed circumstances, of the care and maintenance fund established by another operator.

Exception, Public Guardian and Trustee

(6) Despite subsection (4), an operator who does not have a practical alternative may require the Public Guardian and Trustee to act as a trustee for the care and maintenance fund established by the licensee.

Payments into fund

(7) In addition to any amount deposited in the care and maintenance fund under subsection (8), a cemetery operator shall pay the prescribed amount into the fund,

(a) upon the establishment of the cemetery;

(b) within the prescribed time after receiving money for the sale or transfer of interment rights or scattering rights; and

(c) at such other times or on such other occasions as may be prescribed.

Marker installation

(8) Before a marker is installed in a cemetery, the person who is responsible for the installation of the marker shall pay the prescribed amount to the cemetery operator who shall deposit the amount in the care and maintenance fund.

Same

(9) A cemetery operator who does not receive the prescribed amount under subsection (8) upon the installation of a marker in the cemetery shall pay a prescribed amount into the cemetery's care and maintenance fund.

Payments out of fund

(10) A trustee of a care and maintenance fund for a cemetery shall pay the income from the fund, after deducting the trustee's fees, to the cemetery operator.

Use of money

(11) A cemetery operator who receives money under subsection (10) shall use the money for the upkeep of the cemetery and the markers and structures therein in the prescribed manner.

No use of capital portion

(12) No trustee of a care and maintenance fund shall pay out any of the capital portion of the fund except as permitted by regulation.

Exception

(13) Subsection (12) does not preclude a trustee from transferring the fund, with the consent of the registrar, to another trustee.

Transition

(14) A care and maintenance fund that was established by a cemetery owner under the Cemeteries Act (Revised) and that is in existence immediately before the day this section comes into force shall, on and after the day this section comes into force, be deemed to be a care and maintenance fund established under this section and be subject to the provisions of this Act and of the regulations relating to care and maintenance funds.

Deficient care and maintenance fund

54. (1) If a there is a deficiency in the care and maintenance fund of a cemetery that is not a commercial cemetery, the owner of the cemetery may request that the registrar,

(a) make a determination as to the amount of the deficiency;

(b) determine, in accordance with the regulations, whether the cemetery owner is entitled to a cancellation, reduction or refund of all or part of the taxes assessed or levied on cemetery land that is owned by the cemetery owner and that is eligible land under section 357.1 of the Municipal Act, 2001 or section 21.2 of the Provincial Land Tax Act, as the case may be, and, if so, determine in accordance with the regulations the amount of any reduction or refund; and

(c) if the registrar determines under clause (b) that the owner is entitled to a cancellation, reduction or refund, prepare a notice for the purposes of section 357.1 of the Municipal Act, 2001 or section 21.2 of the Provincial Land Tax Act, as appropriate, which notice shall,

(i) confirm whether the owner has a deficiency in its care and maintenance fund, and

(ii) direct the local municipality or the collector under the Provincial Land Tax Act to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(2) The determination made by the registrar under clause (1) (b) as to whether to cancel, reduce or refund taxes or as to the amount of any reduction or refund of the taxes shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Notice of decision

(3) The registrar shall notify the cemetery owner who made a request under subsection (1) in writing of his or her determination and the notice shall be accompanied where appropriate with a copy of the notice to the local municipality or collector referred to in clause (1) (c).

Right to hearing

(4) A notice to a cemetery owner under subsection (3) shall state that the cemetery owner is entitled to a hearing by the Tribunal to review the registrar's determination if the owner mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.

Service

(5) Section 20 applies with necessary modification to the service of a notice under subsection (4).

Hearing and order

(6) If a hearing is requested, the Tribunal shall hold the hearing and may by order substitute its opinion for that of the registrar and attach conditions to its order.

Parties

(7) The registrar, the cemetery owner or such other persons as the Tribunal may specify are parties to the proceedings under this section.

Where no hearing requested

(8) If a hearing is not requested, the cemetery owner may make an application under section 357.1 of the Municipal Act, 2001 or under section 21.2 of the Provincial Land Tax Act, as the case may be, and include a copy of the notice prepared under clause (1) (c) in the application.

Deposit into fund

(9) The owner of a cemetery who receives a cancellation, reduction or refund of taxes under section 357.1 of the Municipal Act, 2001 or under section 21.2 of the Provincial Land Tax Act shall promptly deposit into the cemetery's care and maintenance fund an amount equal to,

(a) the amount of the reduction or refund; or

(b) the amount of tax that the owner would have had to remit if the taxes had not been cancelled.

Definitions

(10) In this section,

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services. ("bien-fonds admissible")

Cemetery trust money temporarily held

55. (1) All money received by a cemetery operator that is required to be paid into a care and maintenance fund and that is not placed immediately in the fund shall be deposited by the operator into a trust account described in subsection (2) until such time as it is transferred to the care and maintenance fund or paid out in accordance with the regulations.

Trust account

(2) A trust account referred to in subsection (1) shall be in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), loan or trust corporation, credit union as defined in the Credit Unions and Caisses Populaires Act, 1994 or the Province of Ontario Savings Office.

Transfer of money, etc.

(3) If money is placed in a trust account under this section, it shall be transferred into the cemetery operator's care and maintenance fund or paid out within no less than 30 days and no more than 60 days.

Sale of future interment rights

56. (1) If interment rights are sold with respect to a cemetery lot in a part of a cemetery or in a mausoleum, columbarium or other facility in the cemetery that, at the time of the sale, has not been built, developed or otherwise made ready for interment purposes, the operator of the cemetery,

(a) is not, despite clause 53 (7) (b), required to pay any money from the sale of the interment rights into the cemetery's care and maintenance fund; and

(b) shall ensure that the money described in clause (a) and any money received from the sale of any cemetery supplies and services related to the sale of interment rights is held in trust in accordance with the regulations.

Money held separately

(2) The money held under this section shall be held in trust separate from any other money held by the cemetery operator and disbursed in accordance with the regulations.

Application, scattering rights

(3) This section applies with necessary modifications to scattering rights that are sold with respect to land in a cemetery if land in the cemetery has not, at the time of the sale, been set aside as scattering grounds to be used for the scattering of cremated human remains.

Investment of trust funds by trustee

57. Despite subsection 27 (9) of the Trustee Act, a trust agreement with respect to money required to be held in trust under this Act shall not authorize a trustee to make investments with the trust money that would contravene the standard for investments required under subsection 27 (2) of the Trustee Act.

Information to registrar, Public Guardian and
Trustee

58. (1) The registrar or the Public Guardian and Trustee may require any licensee or trustee to provide,

(a) audited financial statements on any trust account or trust fund that is required to be established under this Act; and

(b) any information on trust accounts or trust funds that the licensee or trustee is required to establish under this Act.

Same

(2) A licensee or trustee who receives a request under subsection (1) shall promptly provide all the information or the statement required.

Passing accounts

59. (1) Upon receiving a written direction from the registrar or Public Guardian and Trustee to do so, a person who is required under this Act to establish a trust fund or to hold money in trust shall apply to the Superior Court of Justice to pass the accounts of that trust fund or trust money.

Same

(2) The court, on passing any account, may review and pass upon any agreement made by a licensee.

Same

(3) The court, on passing any account, may make any order that it considers necessary to ensure that the trust is carried out.

No compensation to licensee

60. No licensee shall charge a purchaser of licensed supplies or services, or receive any compensation or payment from such a purchaser, for establishing or maintaining a trust fund.

PART VII
COMPENSATION FUNDS

Compensation fund scheme

61. (1) A compensation fund scheme shall be established for the purposes of this Act in accordance with the regulations.

Purpose of compensation fund

(2) The purpose of any prescribed compensation fund shall be to compensate any person who suffers a financial loss due to a failure on the part of a licensee to comply with the Act or the regulations or with the terms of an agreement between the licensee and the person who suffered the loss.

Contributions to fund

(3) A licensee shall make such contributions to a prescribed compensation fund as may be required by regulation at such times and in such a manner as may be prescribed.

PART VIII
CODE OF ETHICS
AND DISCIPLINE

Code of ethics

62. It is a condition of every licence issued under this Act that a licensee shall comply with such code of ethics as may be established by the Minister under section 112.

Discipline and appeal committee

63. (1) One or more discipline committees shall be established by the Minister in accordance with the regulations for the purpose of hearing and determining matters relevant to a code of ethics.

Appeals committee

(2) One or more appeals committees shall be established in accordance with the regulations for the purpose of considering appeals from the discipline committees.

Composition

(3) The composition and appointment of the members of a discipline committee and appeals committee shall be as prescribed.

Discipline proceedings

64. (1) A discipline committee may hear and determine any allegation that a licensee has failed to comply with a code of ethics established by the Minister under section 112 in accordance with the prescribed procedures.

Order

(2) If a discipline committee determines that a licensee has failed to comply with the code of ethics, it may order any of the following as appropriate:

1. Require the licensee to take further educational courses.

2. If the licensee is an operator, require the operator to fund educational courses for any sales representative or funeral director employed by the operator in accordance with the terms that may be specified by the committee or to arrange and fund such educational courses.

3. Impose such fine as the committee considers appropriate, to a maximum of $25,000 or such lesser amount as is prescribed, to be paid by the licensee to the Minister of Finance or to such other person as may be prescribed.

4. Suspend or postpone the taking of further educational courses, the funding or the funding and arranging of educational courses or the imposition of the fine for such period and upon such terms as the committee designates.

5. Fix and impose costs to be paid by the licensee to the Minister of Finance or to such other person as may be prescribed.

Appeal

(3) A party to the discipline proceeding may appeal the decision of the discipline committee to the appeals committee.

Payment of fine

(4) If a fine is imposed under subsection (2), the licensee shall pay the fine within the period specified by the discipline committee or, where there has been an appeal, by the appeals committee, and where no period has been specified, within 60 days after the fine has been imposed.

Public access

(5) Decisions of a discipline committee and an appeals committee shall be made available to the public in such manner as may be prescribed.

Taking of educational course

(6) The licensee shall take the educational course required under subsection (2),

(a) within the time period specified in the order of the discipline committee or, if the requirement is the subject of an appeal, within the time period specified in the order of the appeals committee; or

(b) at the first reasonable opportunity after the last order made in respect of the educational course, if no time period is specified in that order.

Transition

65. Until such time as the Board of Funeral Services Act is repealed under section 139, this Part and any regulation made under this Part do not apply to licensees who are subject to disciplinary proceedings under sections 16, 17 and 18 of the Board of Funeral Services Act.

PART IX
COMPLAINTS, INSPECTIONS
AND INVESTIGATIONS

Complaints

66. (1) If the registrar receives a complaint about a licensee, the registrar may request information in relation to the complaint from any licensee.

Request for information

(2) A request for information made under subsection (1) shall indicate the nature of the complaint.

Compliance with request

(3) A licensee who receives a written request under subsection (1) shall provide the information as soon as practicable.

Powers

(4) In handling complaints, the registrar may, in accordance with the information received, do any of the following, as appropriate:

1. Attempt to mediate or resolve the complaint.

2. Give the licensee a written warning that if the licensee continues with the activity that led to the complaint, action may be taken against the licensee.

3. Require the licensee to take further educational courses.

4. Refer the matter, in whole or in part, to the discipline committee.

5. Take an action under section 17, subject to section 18.

6. Take further action as is appropriate in accordance with this Act.

Inspection by registrar

67. (1) The registrar or a person designated in writing by the registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a licensee, other than any part of the premises used as a dwelling, for the purposes of,

(a) ensuring that this Act and the regulations are being complied with;

(b) dealing with a complaint under section 66; or

(c) ensuring the licensee remains entitled to a licence.

Powers on inspection

(2) While carrying out an inspection, an inspector may,

(a) examine all money, valuables, documents, records and things that are relevant to the inspection;

(b) require a person on the premises being inspected to produce a document, record or thing that is relevant to the inspection;

(c) upon giving a receipt therefore, remove, for the purpose of making copies or extracts, documents, records or things relevant to the inspection;

(d) inquire into negotiations, transactions, loans or borrowings of a licensee and into assets owned, held in trust, acquired or disposed of by a licensee that are relevant to an inspection;

(e) use any data storage, processing or retrieval device or system used in carrying on business in the place in order to produce a document or record in readable form;

(f) conduct such tests as are reasonably necessary; and

(g) remove materials or substances for examination or test purposes subject to the licensee, or other occupant of the premises, being notified thereof.

Identification

(3) A person conducting an inspection shall produce, on request, evidence of his or her authority to carry out an inspection.

Return of removed things

(4) An inspector who removes any document, record, material, substance or other thing from premises under subsection (2) shall promptly return them to the person being inspected.

Obligation to produce and assist

(5) A person who is required to produce a document, record or thing under clause (2) (b) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document or record in readable form.

Obstruction prohibited

(6) No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal or destroy any money, valuables, documents or records that are relevant to the inspection.

Use of force prohibited

(7) An inspector shall not use force to enter and inspect premises under this section.

Admissibility of copies

(8) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Inquiries concerning contravention of Act

68. The Ministry may make inquiries and gather information concerning any matter that comes to its attention that may be a contravention of this Act or the regulations.

Appointment of investigators

69. (1) The director may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is exercising powers under section 70 shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

70. (1) Upon application made without notice by an investigator appointed under this Act, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person,

(i) has contravened or is contravening this Act or the regulations, or

(ii) has committed an offence that is relevant to the person's fitness to be licensed under this Act under the Criminal Code (Canada) or under the law of any jurisdiction; and

(b) there are in any building, dwelling, receptacle or place any money, valuables, documents, records or other things relating to a contravention of this Act or the regulations or to the person's fitness to be licensed under this Act.

Powers

(2) A warrant obtained under subsection (1) may authorize an investigator named in the warrant to, upon producing his or her appointment,

(a) enter premises, including a dwelling, specified in the warrant;

(b) examine money, valuables, documents, records and other things relevant to the investigation;

(c) require a person on the premises being investigated to produce a document, record or thing that is relevant to the investigation;

(d) upon giving a receipt therefore, remove, for the purpose of making copies or extracts, documents, records or things relevant to the investigation;

(e) use any data storage, processing or retrieval device or system used in carrying on business in order to produce a document or record in readable form;

(f) inquire into negotiations, transactions, loans or borrowings of a licensee and into assets owned, held in trust, acquired or disposed of by a licensee that are relevant to the investigation;

(g) conduct such tests as are reasonably necessary;

(h) remove materials or substances for examination or test purposes subject to the licensee, or other occupant of the premises, being notified thereof; and

(i) use any other investigative technique or procedure or do anything described in the warrant if information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.

Conditions on search warrant

(3) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(4) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the investigator in respect of the execution of the warrant.

Powers

(5) For the purposes of this section, the investigator has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act.

Time of execution

(6) An entry under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by the investigator named in the warrant.

Use of force

(8) The investigator named in the warrant may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator carrying out an investigation under this section or withhold from him or her or conceal, alter or destroy any money, valuables, documents, records or other things relevant to the investigation.

Obligation to produce and assist

(10) A person who is required to produce a document, record or thing under clause (2) (c) shall produce it and shall, on request by the investigator, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document or record in readable form.

Return of removed things

(11) An investigator who removes any document, record, material, substance or other thing from premises under subsection (2) shall return them within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Searches in exigent circumstances

71. (1) Although a warrant issued under section 70 would otherwise be required, an investigator may exercise any of the powers described in subsection 70 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling place.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Admissibility

(4) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

PART X
ENFORCEMENT

Freeze order

72. (1) If the conditions in subsection (2) are met, the director may in writing,

(a) order any person having on deposit or controlling any assets or trust funds of a licensee or former licensee to hold those funds or assets;

(b) order a licensee or former licensee to refrain from withdrawing any asset or trust fund from a person having it on deposit or controlling it; or

(c) order a licensee or former licensee to hold any asset or trust fund of a client, customer or other person in trust for the person entitled to it.

Conditions

(2) The director may make an order under subsection (1) if he or she believes that it is advisable for the protection of the clients or customers of a licensee or former licensee and,

(a) an investigation of the licensee or former licensee has been undertaken under this Act; or

(b) criminal proceedings or proceedings in relation to a contravention of any Act or regulation are about to be or have been instituted against the licensee or former licensee in connection with or arising out of the business in respect of which the licensee or former licensee is or was licensed.

Scope of order

(3) In the case of an asset or trust fund on deposit with or controlled by a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation or a Province of Ontario Savings Office, the order under subsection (1) applies only to the offices and branches named in the order.

Exception

(4) Subsection (1) does not apply if the licensee or former licensee files with the director, in such manner and amount as the director determines,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.

Term of order

(5) A person who has been ordered to hold assets or trust funds or to refrain from withdrawing assets or trust funds under subsection (1) shall continue to comply with the order until,

(a) the director consents to the release of the asset or trust fund or revokes the order under section 74;

(b) an order is made by a judge of the Superior Court of Justice under section 75; or

(c) the order made under subsection (1) is cancelled in whole or in part by the Tribunal under section 76.

Notice registered against land

73. (1) If an order is made under subsection 72 (1), the director may register in the appropriate land registry office a notice that an order under subsection 72 (1) has been issued and that the order may affect land belonging to the person referred to in the notice.

Effect of registration

(2) The registration of a notice under subsection (1) has the same effect as the registration of a certificate of pending litigation, except that the director may in writing revoke or modify the notice.

Release of assets

74. The director may consent to the release of any particular asset or trust fund from an order made under subsection 72 (1) or may wholly revoke the order.

Application to court

75. (1) If an order is made under subsection 72 (1), an application may be made to a judge of the Superior Court of Justice for a determination in respect of the disposition of any asset or trust fund,

(a) by the director;

(b) by a person who controls or has on deposit an asset or trust fund that is subject to the order; or

(c) by a person who claims an interest in any asset or trust fund that is subject to the order.

Same

(2) If notice of an order has been registered in a land registry office under subsection 73 (1), the director may apply to the Superior Court of Justice for a determination in respect of the disposition of any land affected by the registration of the notice.

Notice not required

(3) An application by the director under subsection (1) or (2) may be made without notice.

Order

(4) A judge who receives an application under subsection (1) or (2) may give directions or make an order as to the disposition of assets, trust funds or land affected by the order or notice.

Appeal to Tribunal

76. (1) A licensee or former licensee in respect of whom an order has been made under subsection 72 (1) or any person having an interest in land in respect of which a notice is registered under subsection 73 (1) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.

Disposition by Tribunal

(2) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part if it finds,

(a) that the order or registration is not required in whole or in part for the protection of clients or customers of the applicant or of other persons having an interest in the land; or

(b) that the interests of other persons are unduly prejudiced by the order or registration.

Parties

(3) The applicant, the director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal.

Appointment of receiver and manager

77. (1) The director may apply to the Superior Court of Justice for the appointment of a receiver and manager to take possession and control of the business of an operator if,

(a) an investigation of the licensee has been undertaken under this Act;

(b) the director has made or is about to make an order under section 72;

(c) the director has reasonable grounds to believe that a licensee has failed or is about to fail to provide contracted and paid for supplies or services to a customer; or

(d) the director is advised that the registrar has proposed to suspend or revoke a licence under section 17 or to temporarily suspend a licence under section 19.

Order to appoint

(2) The court may make an order for the appointment of a receiver and manager if it is satisfied that it is in the public interest to have a receiver and manager take control of an operator's business.

Notice

(3) The court may make an order under subsection (2) without notice, or if it considers that notice should be given, upon such notice as the court stipulates.

Appointment not longer than 60 days

(4) The order of the court shall provide for the term of the receiver and manager but the term shall not be longer than 60 days.

60-day extensions

(5) Despite subsection (4), the director may, without notice, apply to the court to extend the receiver and manager's term for further terms of not more than 60 days each.

Duties of receiver and manager

(6) The receiver and manager shall,

(a) take possession and control of the assets of the operator's business;

(b) conduct the operator's business; and

(c) take such steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.

Powers of receiver and manager

(7) The receiver and manager has all the powers of the board of directors of the corporation, if the operator is a corporation, or of a sole proprietor or all partners if the operator is not a corporation.

May exclude directors, etc.

(8) Without limiting the generality of subsection (7), the receiver and manager may exclude the directors, officers, employees and agents of the business, interested persons in respect of the business and any other persons connected with the business from the premises and property of the business.

Interested persons

(9) Subsection 14 (3) applies to this section except that the opinion as to whether a person is deemed to be interested in respect of another person is that of the receiver and manager.

Restraining orders

78. (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit.

Same

(2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures.

Appeal

(3) An appeal lies to the Divisional Court from an order made under subsection (1).

Offence

79. (1) A person is guilty of an offence who,

(a) furnishes false information in any application under this Act or in any statement or return required under this Act;

(b) fails to comply with any order, other than an order issued under section 64, direction or other requirement under this Act; or

(c) contravenes or fails to comply with any section of this Act or the regulations, other than a code of ethics established by the Minister under section 112.

Corporations

(2) An officer or director of a corporation is guilty of an offence who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).

Penalties

(3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.

Limitation

(4) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director.

Orders for compensation, restitution

80. (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.

Where insurance has paid

(2) If an order is made in a person's favour under subsection (1) and that person has already received compensation or restitution from an insurer, the person ordered to pay the compensation or make restitution shall deliver the amount to the insurer.

Disclosure of default in payment of fine

81. (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.

Where payment made

(2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the consumer reporting agency of the payment.

Transition

(3) Despite the repeal of section 79 of the Cemeteries Act (Revised) and of section 45 of the Board of Funeral Services Act, if a fine is payable as a result of a conviction under one of those sections, the director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such a fine in like manner as they apply to a fine payable for a conviction under this Act.

Liens and charges

82. (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine.

Liens on personal property

(2) If the lien created by the director under subsection (1) relates to personal property,

(a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

(b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

(c) the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.

Liens and charges on real property

(3) If the lien created by the director under subsection (1) relates to real property, the director may register the lien against the property of the person liable to pay the fine in the proper land registry office and, on registration, the obligation under the lien becomes a charge on the property.

Initiation of sale proceedings prohibited

(4) The director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).

Proceeds of sale

(5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the director shall ensure that the funds he or she receives as a result of the sale are used to pay the fine.

Discharge of lien

(6) Within 10 days after the director has knowledge of the payment in full of the fine, the director shall,

(a) discharge the registration of any financing statement registered under clause (2) (c); and

(b) register a discharge of a charge created on registration of a lien under subsection (3).

PART XI
SPECIAL PROVISIONS
RE: CEMETERIES, CREMATORIUMS
AND BURIAL SITES

Establishment of Cemetery or Crematorium

Conditions to establishment, etc.

83. No person shall establish, alter or increase the capacity of a cemetery or crematorium unless,

(a) the person has obtained the approval of,

(i) in the case of a cemetery or crematorium that is situated in a municipality or that is proposed to be established in or extended to a municipality, the municipality, or

(ii) in the case of a cemetery or crematorium that is situated on Crown lands in unorganized territory or that is proposed to be established on, or enlarged to encroach on, Crown lands in unorganized territory, the Minister of Natural Resources; and

(b) after having obtained an approval under clause (a), where appropriate, the person has obtained the consent of the registrar.

Municipal approval

84. (1) A municipality that receives a request for an approval to establish, alter or increase a cemetery or crematorium in the municipality, shall grant the approval if, in the municipality's opinion, it is in the public interest.

Public hearing

(2) A municipality may hold a public hearing to determine if the approval is in the public interest.

Timing of decision

(3) A municipality shall give or refuse its approval within a reasonable time after receiving a request for an approval.

Notice of decision

(4) Upon deciding to approve or refuse a request for an approval, a municipality shall,

(a) send a copy of the decision together with the reasons for it to the registrar and to the person making the request; and

(b) publish notice of the decision in a local newspaper.

Appeal to O.M.B.

85. (1) The applicant, registrar or any person with an interest therein may appeal the decision of a municipality under section 84 to the Ontario Municipal Board within,

(a) 15 days after the day of publication in a local newspaper; or

(b) if the appeal is brought by the applicant or registrar and that person receives a copy of the municipality's decision after the day it was published in a local newspaper, 15 days after the day the applicant or registrar, as the case may be, receives a copy of the decision.

Hearing

(2) The Ontario Municipal Board shall hold a hearing and the registrar is entitled to make representations at any such hearing.

Decision

(3) The Ontario Municipal Board may reverse the decision appealed from and substitute its own decision which is final.

Registrar's consent

86. (1) Upon application made by a person described in subsection (2), the registrar shall consent to the establishment, alteration or increase in the capacity of a cemetery or crematorium if the applicant,

(a) pays the fee required under section 108;

(b) submits the prescribed documents showing the layout of the cemetery and the location of existing or proposed plots, lots, scattering grounds, structures and fixtures;

(c) pays a deposit in a prescribed amount into a care and maintenance fund;

(d) is licensed to operate the cemetery or crematorium and is, and will be upon granting the consent, in compliance with the requirements of this Act and the regulations and the laws intended for the protection of the environment and of health; and

(e) where applicable, has received the approval of a municipality or of the Minister of Natural Resources.

Applicant

(2) An application under subsection (1) shall be made by,

(a) if the application relates to the establishment of a cemetery, the owner of the land on which the cemetery is to be established;

(b) if the application relates to an alteration or an increase in the capacity of a cemetery, the owner of the cemetery; or

(c) if the application relates to the establishment of a crematorium or an alteration or an increase in the capacity of a crematorium, the prescribed person.

Same

(3) Despite subsection (1), in the case of an application to establish, alter or increase the capacity of a cemetery or crematorium in a municipality, the registrar shall not consent to the establishment, alteration or increase unless notice of the municipality's decision to grant its approval has been published in accordance with clause 84 (4) (b).

Same

(4) If an applicant proposes to establish, alter or increase the capacity of a cemetery or crematorium on land that is situated in unorganized territory, but not on Crown land, the registrar shall consent to the application only if he or she is satisfied that the consent is in the public interest.

Certificate of consent

(5) If the registrar consents to the establishment, alteration or increase in the capacity of a cemetery or crematorium, the registrar shall give the applicant a certificate of consent.

Same, cemeteries

(6) A certificate of consent issued with respect to a cemetery shall contain a sufficient description of the cemetery so that it may be registered in the appropriate land registry office.

Registration of consent

(7) Upon registration in a land registry office of a certificate of consent issued with respect to a cemetery, the land described in the certificate becomes a cemetery.

Notice of refusal to consent

(8) The registrar, on refusing to consent to an application under this section, shall advise the applicant in writing of,

(a) the reasons for the refusal; and

(b) the applicant's right to appeal.

Appeal to Tribunal

87. (1) An applicant who receives a notice of the registrar's refusal to consent to an application under subsection 86 (8) may appeal to the Tribunal within 15 days after receiving the notice.

Order by Tribunal

(2) If the Tribunal finds that the applicant is in compliance with subsection 86 (1) and, where applicable, that giving the consent is in the public interest, the Tribunal shall order the registrar to issue a certificate of consent with the description of cemetery lands as set out in the application for consent or with such modifications to the description as the Tribunal may consider necessary.

Compliance by registrar

(3) Upon receiving an order under subsection (2), the registrar shall issue the certificate as ordered.

Closing Cemetery

Cemetery closing

88. (1) The registrar may order a cemetery to be closed in accordance with this section.

Notice of proposed closing required

(2) An order shall not be made under subsection (1) until the cemetery owner or such other person as may be prescribed has given notice of the intention to close the cemetery to the prescribed persons in the prescribed manner.

Exception

(3) The registrar is not required to give notice under subsection (2) if,

(a) the closing of the cemetery is being ordered at the request of the cemetery owner;

(b) no interments have been made in the cemetery to be closed; and

(c) the consent of all affected interment rights holders has been obtained.

Content of notice

(4) A notice under subsection (2) shall inform the person receiving the notice of the proposed closing and of the person's right to make a submission to the registrar in accordance with subsection (5).

Submissions

(5) A person who receives notice of a cemetery closure or any other interested person may make submissions relating to the proposed closure within such time as is prescribed.

Public interest test

(6) After the time for making submissions has elapsed and after considering any submissions that are made, the registrar may order the cemetery to be closed if the registrar believes that the closing is in the public interest.

Order

(7) In an order to close a cemetery, the registrar shall,

(a) declare that the cemetery is to be closed and that no other interments or scattering of cremated human remains shall be carried out in the cemetery; and

(b) order the cemetery owner or such other person as is named in the order to,

(i) disinter all human remains in the cemetery in the manner specified in the order and either reinter the remains in the place and in the manner specified in the order or deal with the remains in such other manner as may be specified in the order,

(ii) remove any markers and relocate them to a specified place, and

(iii) provide or acquire equivalent interment rights for all holders of interment rights with respect to unused lots in the cemetery and to provide equivalent scattering rights in another cemetery for all holders of scattering rights.

Notice of order

(8) The registrar shall give notice of an order to close a cemetery to every person who made a submission under subsection (5) and advise the person of their right of appeal under section 89.

Effective date of order

(9) Unless there is an appeal of the order under section 89, an order to close a cemetery takes effect on the later of,

(a) the day that is 30 days after the day the order is made;

(b) 30 days after the last day on which notice was given to a person under subsection (8); or

(c) the day set out in the order.

Effect of order

(10) Once an order to close an cemetery under this section takes effect, no interments of human remains shall be carried out in the cemetery.

Order for partial closing

(11) The registrar may make an order to close a part of a cemetery under this section and subsections (1) to (10) apply with necessary modifications to such an order as though it were an order to close the whole cemetery.

Appeal

89. (1) An appeal of an order to close a cemetery or a part of a cemetery may be made to the Tribunal by a person who receives notice of the order or by any other person with an interest in the matter at any time before the day the order takes effect under subsection 88 (9).

Same

(2) If a person requested that the registrar close a cemetery or a part of a cemetery and the registrar refused the order, a person with an interest therein may appeal to the Tribunal a refusal to order a cemetery closed.

Certificate of closing, cemeteries

90. (1) The registrar shall issue a certificate certifying that a cemetery or a part of a cemetery is closed if satisfied that all things that were required to be done under subsection 88 (7) have been carried out.

Description of land

(2) A certificate of closing shall include a legal description of the land involved.

Registration

(3) A certificate of closing may be registered in the appropriate land registry office.

Effect of registration

(4) The certificate of closing is conclusive evidence that all the human remains that had been interred in the cemetery have been disinterred and reinterred elsewhere and that all interment rights with respect to the land have been settled and, upon registration of the certificate of closing, the land described therein ceases to be a cemetery.

Transition

(5) If a certificate certifying that a cemetery is closed was issued under a predecessor Act that related to cemeteries but was not registered in the land registry office, a person may apply to the registrar for a new certificate under this section and the registrar shall issue the certificate upon being satisfied that the previous certificate had in fact been issued.

Application

(6) Subsections (2), (3) and (4) apply with necessary modifications to a certificate issued under subsection (5).

Maintenance fund

91. (1) If a cemetery is ordered to be closed and the human remains interred in the cemetery are to be reinterred in another cemetery and the interment rights holders and scattering rights holders of the cemetery are to be given equivalent rights in another cemetery, the registrar shall direct the trustee of the care and maintenance fund of the cemetery that is to be closed to transfer the money in the fund to the trustee of the care and maintenance fund of the other cemetery.

Same

(2) The amount transferred under subsection (1) is a credit against the amount required to be paid into the fund by the operator of the cemetery into which the human remains from the closed cemetery are to be reinterred and at which the transferred interment rights and scattering rights are to be exercised.

Other trust money

92. If a cemetery is ordered to be closed and the interment rights holders and scattering rights holders of the cemetery are to be given equivalent rights in another cemetery, the registrar shall direct that any money held in trust by or on behalf of the operator of the cemetery that is to be closed in order to ensure the provision of the interment rights or scattering rights be transferred to the operator of the other cemetery and held in trust to ensure the provision of the interment rights and scattering rights in that cemetery.

Appeal to Tribunal

93. (1) If an appeal is made to the Tribunal under section 87 or 89, the Tribunal shall appoint a time for and hold a hearing.

Order

(2) After holding a hearing, the Tribunal may,

(a) in the case of an appeal under section 87 make such order as may be made in accordance with subsection 87 (2); or

(b) in the case of an appeal under section 89, by order direct the registrar to order the closing of the cemetery or a part of the cemetery or not to do so or to take such action as the Tribunal considers that the registrar ought to take and for such purposes the Tribunal may substitute its opinion for that of the registrar.

Conditions

(3) The Tribunal may attach such conditions to its order or to the licence as it considers necessary.

Parties

(4) The registrar, the cemetery operator, the appellant and such other person as the Tribunal may specify are parties to the appeal.

Burial Sites

Disturbing burial site prohibited

94. No person shall disturb or order the disturbance of a burial site or artifacts associated with the human remains except,

(a) on instruction by the coroner; or

(b) pursuant to a site disposition agreement.

Unmarked burial sites

95. Any person discovering or having knowledge of a burial site shall immediately notify the police or coroner.

Investigation into origins of site

96. (1) The registrar may order the owner of land on which a burial site is discovered to cause an investigation to be made to determine the origin of the site.

Non-application

(2) Section 94 does not apply to a person investigating the nature or origin of the site who is disturbing the site in the course of the investigation.

Minimal disturbance

(3) A person conducting an investigation shall do so with the minimum disturbance to the site that is reasonable in the circumstances.

Where registrar investigates

(4) If the registrar is of the opinion that an investigation under subsection (1) would impose an undue financial burden on the land owner, the registrar shall undertake the investigation.

Declaration

97. (1) As soon as the origin of a burial site is determined, the registrar shall declare the site to be,

(a) an unapproved aboriginal peoples cemetery;

(b) an unapproved cemetery; or

(c) an irregular burial site.

Interpretation, irregular burial site

(2) An irregular burial site is a burial site that was not set aside with the apparent intention of interring therein human remains.

Same, unapproved cemetery

(3) An unapproved cemetery is land set aside with the apparent intention of interring therein, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were not one of the aboriginal peoples of Canada.

Same, unapproved aboriginal peoples cemetery

(4) An unapproved aboriginal peoples cemetery is land set aside with the apparent intention of interring therein, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were one of the aboriginal peoples of Canada.

Definition

(5) For the purposes of this section and section 98,

"unapproved" means not approved in accordance with this Act or a predecessor of this Act that related to cemeteries.

Site disposition agreement

98. (1) The registrar, on declaring a burial site to be an unapproved aboriginal peoples cemetery or an unapproved cemetery, shall serve notice of the declaration on such persons or class of persons as are prescribed.

Negotiations

(2) All persons served with notice under subsection (1) shall enter into negotiations with a view of entering into a site disposition agreement.

Arbitration

(3) If a site disposition agreement is not made within the prescribed time, the registrar shall refer the matter to arbitration.

Deferring arbitration

(4) Despite subsection (3), the registrar, if of the opinion that an agreement may be reached, may defer referring the matter to arbitration so long as there appears to be a reasonable prospect of an agreement being reached.

Arbitrated settlement

99. The persons named in an arbitrated settlement who have been given the opportunity to fully participate in the arbitration process are bound by the settlement whether they chose to participate or not.

Irregular burial site

100. (1) An owner of land that contains an irregular burial site shall ensure that the remains found in the site are interred in a cemetery.

Charges

(2) No owner of a cemetery interring human remains for an owner of land to whom this section applies may charge more than the prescribed amount for the interment.

War Graves

Removal, etc., of war graves

101. (1) No person shall alter or move the remains or marker of a Canadian or Allied veteran or a Commonwealth War Burial without the agreement of the Department of Veterans Affairs (Federal), the Commonwealth War Graves Commission or such other persons and associations as are prescribed.

Application

(2) Subsection (1) applies with respect to the alteration or removal of the remains or a marker of a Canadian or Allied veteran only if the Department of Veterans Affairs (Federal) contributed to the cost of the interment.

Application for direction

(3) If an agreement is not reached, the person who wants to make the alteration or move may apply to the registrar for directions.

Notice

(4) When an application is made under subsection (3), the registrar shall instruct the applicant to give notice of the application to such persons and associations as the registrar considers may have an interest in the matter.

Submissions

(5) All persons and associations receiving a notice under subsection (4) may make submissions on the matter to the registrar in such form and manner as the registrar instructs.

Direction

(6) After considering all submissions made, the registrar shall direct the applicant on the manner of dealing with the remains or marker in question.

Non-application

(7) Subsection (1) does not apply to a person altering or moving remains or markers in accordance with the direction of the registrar.

General

Prohibition: interfering with cemetery

102. No person shall cause or commit a nuisance in a cemetery or willfully and unlawfully disturb persons assembled for the purpose of interring human remains in a cemetery.

Liability

103. (1) Any person who, in a cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the cemetery operator and any interment rights holder who, as a result, incurs damage.

Same

(2) In any action under subsection (1), the amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.

Same

(3) Any person collecting damages under this section shall use the full amount collected to restore the cemetery.

Municipal power to expropriate

104. (1) A municipality may expropriate,

(a) a cemetery or part of a cemetery, whether the cemetery exists within or outside the municipality; or

(b) land on which to establish or enlarge a cemetery.

By-laws

(2) A council of a municipality may pass by-laws authorizing,

(a) the purchase of a cemetery or part thereof that is situated within the municipality;

(b) the acquisition of land within the municipality or in an adjacent township or unorganized territory for a cemetery or for the enlargement of an existing cemetery owned by the municipality; or

(c) the sale, transfer or lease of a cemetery or part of a cemetery.

Act prevails

105. This Act prevails over Part VI of the Ontario Heritage Act.

PART XII
MISCELLANEOUS

Matters confidential

106. (1) Every person exercising any power or carrying out any duties related to the administration of this Act and the regulations shall preserve secrecy with respect to all matters that come to his, her or its knowledge in the course of exercising those powers or carrying out those duties and shall not communicate any such matters to any person except,

(a) as may be required in connection with the administration of this Act and the regulations, including any proceedings under this Act;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) to a prescribed entity or organization if the purpose for the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his or her counsel; or

(f) with the consent of the person to whom the matter relates.

Testimony

(2) No person to whom subsection (1) applies shall be required to give testimony in any civil proceeding with regard to information obtained in the course of his or her duties under this Act except in a proceeding under this Act.

Service

107. (1) Any notice, order or request is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent by another manner if the sender can prove receipt of the notice, order or request.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice, order or request until a later date.

Exception

(3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.

Fees

108. (1) The Minister may by order establish fees that are payable under this Act in respect of the issuing or renewal of a licence, late filings and other administrative matters.

Non-application of the Regulations Act

(2) An order made under this section is not a regulation for the purposes of the Regulations Act.

Certificate as evidence

109. (1) For all purposes in any proceeding, a statement purporting to be certified by the director is, without proof of the office or signature of the director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to,

(a) the issuing of a licence to any person or the refusal to issue a licence to any person;

(b) the filing or non-filing of any document or material required or permitted to be filed with the registrar;

(c) the time when the facts upon which the proceedings are based first came to the knowledge of the director; or

(d) any other matter pertaining to licensing of any person or the refusal to license any person or to filing or non-filing of information.

Proof of document

(2) Any document made under this Act that purports to be signed by the director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the director without proof of the office or signature of the director.

Names of and information concerning licensees

110. (1) As required by regulation, the registrar shall make available to the public the names of licensees and other information, as prescribed, in respect of licensees.

Same

(2) The names of licensees shall be made available in the prescribed form and manner and with such information as is prescribed.

Information provided

111. A licensee shall provide the registrar with such information as may be requested.

PART XIII
REGULATIONS

Minister's regulations

112. (1) The Minister may make regulations,

(a) establishing one or more codes of ethics for the purposes of section 62 and determining to which licensees or classes of licensees each code of ethics applies;

(b) governing the jurisdiction and procedures of any committee established under this Act;

(c) respecting any matters that may be delegated by the Lieutenant Governor in Council under section 113.

Delegation

(2) If one or more administrative authorities are designated under the Safety and Consumer Statutes Administration Act, 1996 for the purposes of administrating this Act, then despite subsection 3 (4) of that Act, the Minister may, in writing, delegate to the board of a designated administrative authority the power to make some or all of the regulations under this section, subject to the approval of the Minister.

Approval

(3) The Minister may approve or refuse to approve the regulations but approval shall not be given unless, in his or her opinion, they have been made in accordance with the consultation process and criteria set out in the administrative agreement described in subsection 4 (1) of the Safety and Consumer Statutes Administration Act, 1996.

Revocation, transition

(4) The Minister may, in writing, revoke the delegation under subsection (2), but the revocation does not result in the revocation of the regulations, which remain valid and may be amended or revoked by the Minister.

Conflicts

(5) If there is a conflict between a regulation made under clause (1) (c) and a regulation made by the Lieutenant Governor in Council under section 113, the latter prevails.

General or particular

(6) A regulation under this section may be general or particular in its application.

Lieutenant Governor in Council regulations

113. (1) The Lieutenant Governor in Council may make regulations,

1. prescribing classes of licences for the purposes of this Act and conditions that apply to each class;

2. governing applications for licences and for their renewal;

3. prescribing the conditions of a licence;

4. governing the educational requirements for the issuing or renewal of any licence, including a licence to practise as a funeral director, and designating entities authorized to develop educational requirements and programs;

5. prohibiting activities, other than those for which a licence is already required in this Act, that relate to, or occur in the course of operating a cemetery, crematorium, funeral establishment, transfer service, casket or marker retailing business or a related business and,

i. requiring persons to be licensed to carry out the activity,

ii. governing provisions of this Act and the regulations that apply with respect to persons who are issued a licence referred to in subparagraph i;

6. prescribing a class of persons for the purposes of clause 8 (6) (b) and,

i. governing the requirements and qualifications for the issuing of a licence to such persons, including the educational requirements,

ii. prescribing conditions that attach to such licences, and

iii. prescribing sections of this Act and the regulations that apply to persons who are issued such licences;

7. prescribing practices or actions that are evidence of incompetence or lack of honesty and integrity for the purposes of clause 14 (1) (c);

8. prescribing the time within which a person may reapply for a licence under section 24 and providing that the time prescribed may be abridged if specified circumstances exist;

9. governing the administration and operation of licensed businesses;

10. governing duties of operators and other licensees;

11. governing the documents, records and information that must be kept by licensees, including the manner and location at which they are kept and authorizing the registrar to specify the location at which they must be kept;

12. prescribing documents, records or information that must be provided to the registrar, respecting the time and manner in which they must be provided and requiring that specified information be verified by affidavit;

13. prescribing information to be provided to the public, any person or any class of persons and prescribing the manner of providing that information;

14. governing the keeping of books and records by licensees, including prescribing the types and classes of information to be retained by licensees and time periods for retaining types and classes of information;

15. prescribing the information that licensees must disclose to a customer concerning a sale of licensed supplies or services and the time or times when disclosures must be made;

16. requiring licensees to provide proof of their licence to customers and prescribing the nature of the proof and the manner in which it is to be provided;

17. governing advertising and representations or promises intended to induce the purchase, sale or exchange of licensed supplies and services;

18. providing for the posting of bonds and prescribing amounts thereof;

19. providing for the forfeiture of posted bonds and for the distribution of the proceeds of forfeited bonds;

20. governing contracts for the sale of licensed supplies or services and respecting the terms and conditions of any contract or class of contract and prohibiting prescribed practices in relation to any contract or class of contract;

21. governing remedies for failure to meet prescribed conditions of contracts for the sale of licensed supplies and services and governing remedies available to a purchaser if a licensee fails to disclose prescribed information or fails to disclose it in a timely fashion;

22. governing price lists of licensed supplies and services that an operator is required to maintain under section 33, respecting the type of supplies and services that must be included on the list and the manner in which and times at which the price list must be made available to the public;

23. governing the obligations of a purchaser who cancels a contract for the purchase of licensed supplies and services with respect to supplies that were delivered before cancellation and prescribing the circumstances in which the purchaser must make the supplies available for repossession by the operator or return the supplies to the operator;

24. respecting what constitutes supplies that are customized to the purchaser's specifications for the purposes of subsection 44 (6) and governing the determination of the amount of a refund to which a purchaser is entitled under subsection 44 (6);

25. prescribing amounts for the purposes of subsection 47 (6) and prescribing different amounts in respect of different classes of contracts;

26. governing the establishment, maintenance and operation of trust accounts and trust funds that a licensee is required to maintain under section 51;

27. governing the payment of money into and out of trust accounts and trust funds, including the time within which and the circumstances under which payments are to be made;

28. governing the disbursements of capital gains realized from the investments of money held in trust under this Act;

29. prescribing records and information on trust accounts and trust funds to be provided to purchasers of licensed supplies and services;

30. prescribing fees that may be retained by trustees in respect of any type of trust fund;

31. governing a compensation fund scheme for the purposes of this Act, establishing one or more compensation funds and determining which licensees or classes of licensees shall be participants in each compensation fund;

32. providing for the payment of contributions to any compensation fund established by regulation, requiring licensees or classes of licensees to contribute to specified funds and prescribing the amounts and timing of the contributions;

33. respecting the maintenance of any compensation fund established by regulation, establishing a committee or board to administer each fund, providing for the selection or appointment of members of the committee or board and of its chair, respecting the powers and duties of the members, the operation of the committee or board and procedures before the committee or board;

34. requiring that a compensation fund be kept in trust and respecting the selection of the trustee of the fund;

35. governing the investing of compensation fund money;

36. governing payments out of a compensation fund and providing for appeals from a refusal to pay out of a compensation fund;

37. governing procedures and obligations if a participant is in default in making a payment to a compensation fund;

38. respecting the removal of an operator as a participant in a compensation fund and the obligations of operators on ceasing to be participants in a compensation fund;

39. respecting the borrowing of money to supplement a compensation fund;

40. governing the procedures to be followed in cases of over-capitalization of a compensation fund;

41. requiring licensees to maintain business premises that comply with prescribed rules;

42. governing the establishment of one or more discipline committees and appeals committees for the purpose of enforcing the codes of ethics established by the Minister under section 112 against licensees or classes of licensees, respecting the appointment of members of those committees and the composition of the committees;

43. governing procedures in relation to matters brought before a discipline or appeals committee;

44. respecting the manner in which and the frequency with which decisions of the discipline committee and appeals committee are made available to the public;

45. governing complaints under section 66, including procedures relating to those complaints;

46. respecting inspections, inquiries and investigations under this Act;

47. varying the manner in which a notice under section 73 or a lien under subsection 82 (3) is registered in order to provide for registration that is suitable to technological or electronic changes in the filing of documents in the land registry office;

48. governing the maintenance of registers of persons who are licensed under this Act, prescribing the form and content of such registers and governing its circulation and inspection by the public or others;

49. governing standards of practice and operation for licensees;

50. prescribing rules relating to addresses for service under the Act;

51. governing procedures for hearings held by the Tribunal and providing for the responsibility for the payment of witness fees and expenses at proceedings before the Tribunal and prescribing the amounts of the fees and expenses;

52. requiring that any information required under this Act be in a form approved by the director, the registrar or the Minister, as specified in the regulations;

53. governing the sale of insurance policies or products in relation to the sale of licensed supplies and services;

54. exempting any person, class of person or class of licensee from any provision of this Act or the regulations and attaching conditions to the exemption;

55. delegating any matter that may be the subject of a regulation under this subsection, subsection (2) or (3) to the Minister;

56. providing for any transitional matter necessary for the effective implementation of this Act or the regulations;

57. prescribing any matter or thing that may be or is required to be prescribed in this Act and respecting any matter that is required by this Act to be done in accordance with the regulations;

58. governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act.

Same, cemeteries

(2) The Lieutenant Governor in Council may make regulations in respect of cemeteries, including regulations,

1. prescribing classes of cemeteries;

2. governing the administration, operation, care and maintenance of cemeteries;

3. prohibiting operators from charging interment rights holders and scattering rights holders for the costs associated with the maintenance of the cemetery except in such circumstances as may be prescribed;

4. governing cemetery by-laws including,

i. respecting the procedure for making and revoking by-laws by operators,

ii. prescribing by-laws that apply to cemeteries or classes of cemeteries,

iii. requiring that cemetery by-laws be approved by the registrar and providing for an appeal process if the approval is denied, and

iv. prescribing the criteria that the registrar shall use in approving by-laws;

5. respecting the standards of care that apply to the care and maintenance of a cemetery and in the provision of cemetery supplies and services and requiring cemetery operators to comply with the standards;

6. permitting such persons as may be prescribed to scatter cremated human remains at a place other than at a scattering ground for the purposes of subsection 4 (4) and prescribing the circumstances under which, the place at which and the manner in which the scattering shall be carried out;

7. respecting the circumstances in which a cemetery owner shall be deemed to be a cemetery operator under subsection 5 (2), prescribing such circumstances, respecting the length of time for which an owner may be deemed to be the cemetery operator and the conditions under which the owner ceases to be deemed to be the cemetery operator;

8. governing neglected cemeteries, requiring operators of neglected cemeteries to comply with the prescribed standards, allowing municipalities to require the operators to comply with the standards or to perform the necessary repairs and maintenance and be reimbursed by the operator;

9. governing applications to declare cemeteries abandoned, respecting the procedures that govern such applications, prescribing the circumstances under which a cemetery may be declared abandoned and respecting the effect of such a declaration;

10. governing the interment, disinterment, disposition and removal of human remains;

11. governing the preparation of disinterred human remains for transportation including prescribing the design and material of container to be used;

12. prescribing standards for the construction, installation, stabilization, repair, removal and preservation of markers and other cemetery supplies and requiring compliance with the standards;

13. prescribing requirements and standards for the placing and spacing of interments, markers, fixtures, fences or other structures in a cemetery;

14. prescribing the minimum depth of coverage for in-ground burials;

15. prescribing the drains, sewers and other structures for the flow of water required in a cemetery;

16. governing mausoleums, columbariums and other structures on or in a cemetery and establishing construction standards;

17. prescribing the form of certificates of interment rights, the use of such certificates and the information to be included in the certificates;

18. governing the uses to which cemetery operators may apply income from care and maintenance funds;

19. governing mortgages, encumbrances and charges on land on which a cemetery is located and restricting the cemetery operator's ability to borrow money against such land;

20. requiring cemetery operators to inter the remains of specified persons at the request of a welfare administrator and respecting the payment for such interments;

21. defining "welfare administrator" for the purposes of a regulation made under paragraph 20;

22. defining "deficiency" for the purposes of section 54 and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

23. governing the decision made by the registrar under section 54 as to whether to cancel, reduce or refund all or part of the taxes assessed or levied against the eligible land or as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund;

24. prescribing procedures to be followed in dealing with burial sites and requiring that they be followed;

25. governing arbitration in the absence of a site disposition agreement and requiring compliance with prescribed procedures;

26. prescribing the subject-matters to be contained in a site disposition agreement or arbitration settlement and requiring their inclusion;

27. prescribing the classes of persons to whom notice is required to be given in respect of a declaration regarding a burial site under section 98;

28. prescribing the time within which a site disposition agreement must be made under section 98;

29. prescribing the maximum amount that a cemetery owner or operator may charge in respect of interment of human remains removed from an irregular burial site under section 100.

Same, crematoriums

(3) The Lieutenant Governor in Council may make regulations in respect of crematoriums, including regulations,

1. prescribing classes of crematoriums;

2. governing the administration and operation of crematoriums;

3. governing crematorium by-laws including,

i. respecting the procedure for making and revoking by-laws by operators,

ii. prescribing by-laws that apply to crematoriums or classes of crematoriums,

iii. requiring that crematorium by-laws be approved by the registrar, and

iv. prescribing the criteria that the registrar shall use in approving by-laws;

4. respecting the standards of care that apply in the provision of crematorium supplies and services and requiring crematorium operators to comply with the standards;

5. governing the manner of conducting cremations and dealing with cremated remains and prescribing conditions for performing cremations;

6. permitting crematorium operators to require deposits in order to pay for disposing of cremated human remains if they are not claimed, prescribing the amount of the deposit or method of determining the amount, respecting the handling of the trust money and the conditions for the return or forfeiture of the deposit;

7. governing mortgages, encumbrances and charges on land on which a crematorium is located and restricting the crematorium operator's ability to borrow money against such land;

8. requiring crematorium operators to cremate the remains of specified persons at the request of a welfare administrator, respecting the payment for such cremations;

9. defining "welfare administrator" for the purposes of a regulation made under paragraph 8.

Same, funeral establishments

(4) The Lieutenant Governor in Council may make regulations in respect of funeral establishments, including regulations,

1. authorizing persons, other than funeral directors, to perform specified acts relating to the providing of funeral services under the supervision or direction of a funeral director;

2. governing the administration and operation of funeral establishments;

3. respecting the methods and materials that may be used in providing funeral services;

4. governing the construction, location, equipment, maintenance, repairs, additions and alterations to funeral establishments and governing the information, plans and materials to be furnished to the registrar with respect thereto;

5. governing the equipment and practices, including hygienic practices, with respect to the embalming, transportation, preparation and disposal of human remains;

6. regulating, controlling and prohibiting the use of terms, titles or designations by licensees;

7. governing the availability and display of services and supplies to which this Act applies;

8. prescribing specifications and minimum requirements for services and supplies to be offered, performed or supplied by a licensee;

9. prescribing circumstances under which a funeral director may manage or supervise the operation of more than one funeral establishment.

Residual authority to act

(5) Despite any delegation to the Minister under this section and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Revocation, transition

(6) The Lieutenant Governor in Council may, in writing, revoke a delegation to the Minister under this section, but the revocation shall not result in the revocation of any regulation made by the Minister under the delegation and the regulation remains valid and may be amended or revoked by regulation made by the Lieutenant Governor in Council.

Making regulation not a revocation

(7) The making of a regulation to which subsection (5) applies by the Lieutenant Governor in Council shall not constitute the revocation of a delegation to the Minister unless the regulation specifies that the delegation is revoked.

Classes

(8) A regulation may create different classes of persons, businesses, contracts, accounts or funds and may establish different entitlements for or relating to each class or impose different requirements, conditions or restrictions on or relation to each class.

General or particular

(9) A regulation under this section may be general or particular in its application.

PART XIV
REPEALS, AMENDMENTS
AND TRANSITION

Cemeteries Act (Revised)

114. The Cemeteries Act (Revised), as amended by the Statutes of Ontario, 1994, chapter 11, section 382, 1994, chapter 27, section 74, 1996, chapter 19, section 18, 1998, chapter 18, Schedule B, section 2, 1999, chapter 12, Schedule G, section 15, 2001, chapter 9, Schedule D, sections 13 and 14, 2002, chapter 8, Schedule I, section 4 and 2002, chapter 17, Schedule F, Table, is repealed.

Funeral, Burial and
Cremation Services
Act, 2002

115. (1) This section applies only if Bill 180 (Consumer Protection Statute Law Amendment Act, 2002) receives Royal Assent.

(2) References in this section to provisions of Bill 180 are references to those provisions as they were numbered in the first reading version of the Bill.

(3) On the later of the day subsection 77 (1) of this Act comes into force and the day section 10 of Schedule E to Bill 180 comes into force, subsection 77 (1) of this Act is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following clause:

(e) the director is advised that an investigation under section 5.1 of the Ministry of Consumer and Business Services Act has been ordered.

Funeral Directors
and Establishments Act

116. (1) The definition of "beneficiary" in section 1 of the Funeral Directors and Establishments Act is repealed.

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, 2001, chapter 9, Schedule D, section 7 and 2002, chapter 8, Schedule I, section 12, is amended by adding the following definition:

"casket" means a container intended to hold a dead human body for interment purposes; ("cercueil")

(3) The following definitions in section 1 of the Act are repealed:

1. The definitions of "cemetery" and "contract".

2. The definition of "depository", as amended by the Statutes of Ontario, 2002, chapter 8, Schedule I, section 12.

3. The definition of "Director", as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7.

4. The definitions of "disbursements", "embalming", equity share" and "funeral".

(4) The definitions of "funeral director", "funeral establishment" and "funeral services" in section 1 of the Act are repealed and the following substituted:

"funeral director" means an individual licensed as a funeral director under subsection 8 (2) of the Funeral, Burial and Cremation Services Act, 2002; ("directeur de funérailles")

"funeral establishment" means premises established for the purpose of providing funeral services and includes premises established for the purpose of temporarily placing dead human bodies so that persons may attend and pay their respects; ("résidence funéraire")

"funeral services" means the care and preparation of dead human bodies, the co-ordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed, but does not include cemetery or crematorium services as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002; ("services funéraires")

(5) The definition of "income" in section 1 of the Act is repealed.

(6) The definition of "licence" in section 1 of the Act is repealed and the following substituted:

"licence" means a licence to operate a funeral establishment, transfer service or casket retailing business or a licence to act as funeral director or as a sales representative of a transfer service operator or casket retailing business operator that is issued under the Funeral, Burial and Cremation Services Act, 2002, and "licensed" and "licensee" have a corresponding meaning; ("permis", "titulaire d'un permis")

(7) The definition of "Minister" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed and the following substituted:

"Minister" means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministre")

(8) The definitions of "prearrangement", "prepaid contract", "prepayment" and "prepayment funds" in section 1 of the Act are repealed.

(9) The definition of "Tribunal" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, is repealed and the following substituted:

"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. ("Tribunal")

117. (1) Subsection 2 (1) of the Act is amended by adding "or the Funeral, Burial and Cremation Services Act, 2002" at the end.

(2) Subsection 2 (2) of the Act is amended by striking out "by or under this Act" and substituting "by or under this Act or the Funeral, Burial and Cremation Services Act, 2002".

(3) Clause 2 (3) (a) of the Act is repealed and the following substituted:

(a) the name of every person licensed under the Funeral, Burial and Cremation Services Act, 2002 to operate a funeral establishment, transfer service or casket retailing business or to act as funeral director or a sales representative of a transfer service operator or casket retailing business operator;

118. (1) Subsection 3 (2) of the Act is repealed and the following substituted:

Principal object

(2) The principal object of the Board is to regulate the practices of funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.

(2) Paragraphs 1, 2 and 3 of subsection 3 (3) of the Act are repealed and the following substituted:

1. To establish, maintain and develop standards of knowledge and skill among funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

2. To establish, maintain and develop standards of qualification and standards of practice for funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

3. To establish, maintain and develop standards of professional ethics among funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

(3) Paragraphs 5, 6 and 7 of subsection 3 (3) of the Act are repealed and the following substituted:

5. To oversee and inspect trust accounts that funeral establishments, transfer services and casket retailing businesses are required by law to establish or maintain.

6. To establish and develop standards for funeral establishments, transfer services and casket retailing businesses.

(4) Clause 3 (5) (b) of the Act is repealed and the following substituted:

(b) approve or set courses of study and examinations for the qualification of applicants under the Funeral, Burial and Cremation Services Act, 2002 for licences to operate funeral establishments, transfer services and casket retailing businesses and licences as funeral directors; and

119. (1) The French version of paragraph 1 of subsection 4 (1) of the Act is amended by striking out "directeurs de services funéraires" and substituting "directeurs de funérailles" and by striking out "un établissement funéraire" wherever it appears and substituting in each case "une résidence funéraire".

(2) Paragraph 2 of subsection 4 (1) of the Act is repealed and the following substituted:

2. A prescribed number of persons who are not funeral directors and who represent such classes of persons as may be prescribed.

120. Paragraph 3 of subsection 7 (1) of the Act is repealed.

121. Section 10 of the Act is repealed.

122. Section 14 of the Act is repealed.

123. (1) Section 15 of the Act is amended by striking out "Despite subsection 14 (1)" at the beginning.

(2) The French version of section 15 of the Act is amended by striking out "directeur de services funéraires" and substituting "directeur de funérailles".

124. (1) Clause 16 (1) (a) of the Act is amended by striking out "Board, Executive Committee or Complaints Committee" and substituting "Board or Executive Committee".

(2) Clause 16 (1) (b) of the Act is amended by striking out "Registrar, Executive Committee or Complaints Committee" and substituting "Registrar or Executive Committee".

125. (1) The French version of subsections 16 (1), (2), (3), (4), (5), (8), (11), (12), (13) and (16) and 17 (1) and (2) of the Act are amended by striking out "directeur de services funéraires" wherever it appears and substituting in each case "directeur de funérailles" and by striking out "directeurs de services funéraires" wherever it appears and substituting in each case "directeurs de funérailles".

(2) On a day to be named by proclamation of the Lieutenant Governor, subsections 16 (1), (2), (3), (4), (5), (8), (11), (12), (13) and (16) and 17 (1) and (2) of the Act, as amended by subsection (1), are amended by striking out "funeral director" wherever it appears and substituting in each case "licensee" and by striking out "funeral directors" wherever it appears and substituting in each case "licensees".

126. (1) Subsection 18 (2) of the Act is repealed and the following substituted:

Notice

(2) The Discipline Committee shall send to the funeral director who is the subject of the decision by prepaid first class mail a copy of the decision and its reasons therefore, if any, together with notice that informs the funeral director that he or she is entitled to a hearing by the Tribunal if he or she mails or delivers to the Discipline Committee and to the Tribunal, within 15 days after the notice is served on the person, notice in writing requiring a hearing and the person may so require such a hearing.

No hearing

(3) If a funeral director does not require a hearing by the Tribunal, the Discipline Committee may carry out its decision.

Hearing

(4) If the funeral director requires a hearing, the Tribunal shall appoint a time for and hold a hearing.

Order

(5) After holding a hearing, the Tribunal may by order direct the Discipline Committee to carry out its decision or refrain from carrying out its decision and to take such action as the Tribunal considers the Discipline Committee ought to take in accordance with this Act and the regulations and, for such purposes, the Tribunal may substitute its opinion for that of the Discipline Committee.

Conditions

(6) The Tribunal may attach such conditions to its order as it considers proper to give effect to the purposes of this Act.

Parties

(7) The Registrar, the funeral director who required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.

(2) On a day to be named by proclamation of the Lieutenant Governor, subsections 18 (2) to (7) of the Act, as set out in subsection (1), are amended by striking out "funeral director" wherever it appears and substituting in each case "licensee".

127. Sections 19 to 24 of the Act are repealed.

128. Section 25 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, is repealed.

129. Sections 26 to 39 of the Act are repealed.

130. Section 40 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

131. Section 41 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 83 and 2001, chapter 9, Schedule D, section 7, is repealed.

132. Sections 42 to 44 of the Act are repealed.

133. Section 45 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

134. (1) Paragraphs 1, 2, 3 and 4 of subsection 46 (1) of the Act are repealed.

(2) Paragraphs 15, 16, 17, 18 and 19 of subsection 46 (1) of the Act are repealed.

(3) Paragraphs 21 to 40 of subsection 46 (1) of the Act are repealed.

135. Section 47 of the Act is repealed.

136. Section 48 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

137. Sections 49 and 50 of the Act are repealed.

138. The title of the Funeral Directors and Establishments Act is repealed and the following substituted:

Board of Funeral Services Act

139. The Board of Funeral Services Act is repealed on a day to be named by proclamation of the Lieutenant Governor.

PART XV
CONSEQUENTIAL AMENDMENTS

Anatomy Act

140. The definition of "disposition" in section 1 of the Anatomy Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

Assessment Act

141. (1) Paragraph 2 of subsection 3 (1) of the Assessment Act, as re-enacted by the Statutes of Ontario, 1997, chapter 29, section 3, is repealed and the following substituted:

2. A cemetery and a burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose.

2.1 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002 and which is part of a cemetery or burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, if,

i. the Registrar under the Cemeteries Act (Revised) consented to the establishment of the crematorium on or before January 1, 2002,

ii. the ownership of the land has not changed since January 1, 2002, and

iii. the taxation year is a taxation year that is no more than five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(2) Subparagraph 3 ii of subsection 3 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 25, section 2, is repealed and the following substituted:

ii. a churchyard,

ii.1 a burying ground so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose, or

(3) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 4, 1997, chapter 29, section 3, 1997, chapter 43, Schedule F, section 1, 1997, chapter 43, Schedule G, section 18, 1998, chapter 28, section 66, 2000, chapter 25, section 2 and 2002, chapter 17, Schedule F, Table, is amended by adding the following paragraph:

9.1 Despite paragraph 9, land owned by a municipality that is a burial site, burying ground or cemetery is not exempt from taxation unless it meets the requirements for exemption under paragraph 2, 2.1 or 3.

(4) Section 3 of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 4, 1997, chapter 29, section 3, 1997, chapter 43, Schedule F, section 1, 1997, chapter 43, Schedule G, section 18, 1998, chapter 28, section 66, 1998, chapter 33, section 2, 2000, chapter 25, section 2 and 2002, chapter 17, Schedule F, Table, is amended by adding the following subsection:

Non-application: special exemptions

(1.1) Despite any provision in any Act of special or general application, an exemption from assessment or taxation under such an Act for burial sites, burying grounds or cemeteries shall, on and after the day section 141 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, no longer apply.

Coroners Act

142. Section 24 of the Coroners Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002 or a regulation made under that Act".

Licence Appeal Tribunal
Act, 1999

143. Section 11 of the Licence Appeal Tribunal Act, 1999 is amended by adding "Board of Funeral Services Act" and "Funeral, Burial and Cremation Services Act, 2002" and by striking out "Cemeteries Act (Revised)" and "Funeral Directors and Establishments Act".

McMichael Canadian Art
Collection Act

144. Clauses 7 (2) (g) and (h) of the McMichael Canadian Art Collection Act are amended by striking out "under the Cemeteries Act or a predecessor of that Act" in both clauses and substituting in each case "under the Funeral, Burial and Cremation Services Act, 2002 or a predecessor of that Act that related to cemeteries".

Municipal Act, 2001

145. The Municipal Act, 2001 is amended by adding the following section:

Tax relief re: cemeteries

357.1 (1) The purpose of this section is to provide tax relief to a cemetery owner if the cemetery's care and maintenance fund is not adequately funded.

Application for cancellation, reduction, refund

(2) If a cemetery is located in a local municipality and the cemetery owner has a deficiency in one or more of its care and maintenance funds as prescribed, the cemetery owner may apply to the treasurer of the local municipality for the cancellation, reduction or refund of all or part of the taxes assessed or levied against the part of the land that is eligible land in the year in respect of which the application is made.

Timing of application

(3) An application under subsection (2) shall be delivered to the local municipality on or before February 28 of the year following the taxation year in respect of which the notice is given or such later date as the Minister of Finance may prescribe.

Registrar's notice

(4) The application under subsection (2) shall include a notice from the registrar prepared under section 54 of the Funeral, Burial and Cremation Services Act, 2002, which notice shall,

(a) confirm whether the owner has a deficiency in its care and maintenance fund; and

(b) direct the local municipality to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(5) The decision made by the registrar as to whether the taxes assessed or levied against the eligible land should be cancelled, reduced or refunded and as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Compliance by municipality

(6) Upon receipt of a notice under subsection (4), the local municipality shall carry out the direction contained in the notice.

Same

(7) The local municipality shall issue any refund to which a cemetery owner is entitled under this Act within 120 days after the last day on which the owner is entitled to make an application under subsection (3).

Regulations

(8) The Minister of Finance may make regulations,

(a) defining deficiency for the purposes of this section;

(b) prescribing the cemetery that has a deficiency in its care and maintenance fund for the purposes of subsection (2) and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

(c) prescribing a date for the purposes of subsection (3);

(d) governing the decision made by the registrar as to whether to cancel the taxes assessed or levied against the eligible land or as to the amount of the reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund.

Definitions

(9) In this section,

"care and maintenance fund" and "cemetery" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("fonds d'entretien", "cimetière")

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"crematorium", "funeral establishment", "licensed services" and "licensed supplies" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("crématoire", "résidence funéraire", "services autorisés", "fournitures autorisées")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services; ("bien-fonds admissible")

"registrar" means the registrar appointed with respect to cemeteries under the Funeral, Burial and Cremation Services Act, 2002; ("registrateur")

"transfer service" means a transfer service as defined in the Funeral, Burial and Cremation Services Act, 2002. ("service de transfert")

Ontario Water Resources Act

146. Clause 53 (6) (e) of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1997, chapter 7, section 6, is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

Provincial Land Tax Act

147. (1) Paragraph 3 of subsection 3 (1) of the Provincial Land Tax Act is repealed and the following substituted:

3. Every place of worship and land used in connection therewith, every churchyard, and every cemetery or burying ground that is enclosed and actually required, used and occupied for the interment of the dead or for any ancillary purpose prescribed by the Minister, but not including any portion of the land used for any other purpose nor land rented or leased to a church or religious organization by a person other than another church or religious organization.

3.1 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002 and which is part of a cemetery or burying ground if,

i. the Registrar under the Cemeteries Act (Revised) consented to the establishment of the crematorium on or before January 1, 2002,

ii. the ownership of the land has not changed since January 1, 2002, and

iii. the taxation year is a taxation year that is no more than five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(2) Section 3 of the Act, as amended by the Statutes of Ontario, 1994, chapter 25, section 84, 1997, chapter 43, Schedule F, section 11 and 2000, chapter 25, section 49, is amended by adding the following subsection:

Non-application: special exemptions

(1.1) Despite any provision in any Act of special or general application, an exemption from assessment or taxation under such an Act for burial sites, burying grounds or cemeteries shall, on and after the day section 147 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, no longer apply.

148. The Act is amended by adding the following section:

Tax cancellation, reduction or refund re: cemeteries

21.2 (1) The purpose of this section is to provide tax relief to a cemetery owner if the cemetery's care and maintenance fund is not adequately funded.

Application for cancellation, reduction, refund

(2) If a cemetery is located in unorganized territory and the cemetery owner has a deficiency in one or more of its care and maintenance funds as prescribed, the cemetery owner may apply to the collector for the cancellation, reduction or refund of all or part of the taxes assessed or levied against the part of the land that is eligible land in the year in respect of which the application is made.

Timing of application

(3) An application under subsection (2) shall be delivered to the collector on or before February 28 of the year following the taxation year in respect of which the notice is given or such later date as the Minister of Finance may prescribe.

Registrar's notice

(4) The application under subsection (2) shall include a notice from the registrar prepared under section 54 of the Funeral, Burial and Cremation Services Act, 2002, which notice shall,

(a) confirm whether the owner has a deficiency in its care and maintenance fund; and

(b) direct the collector to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(5) The decision made by the registrar as to whether the taxes assessed or levied against the eligible land should be cancelled, reduced or refunded and as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Compliance by collector

(6) Upon receipt of a notice under subsection (4), the collector shall carry out the direction contained in the notice.

Same

(7) The collector shall issue any refund to which a cemetery owner is entitled under this Act within 120 days after the last day on which the owner is entitled to make an application under subsection (3).

Regulations

(8) The Minister of Finance may make regulations,

(a) defining deficiency for the purposes of this section;

(b) prescribing the cemetery that has a deficiency in its care and maintenance fund for the purposes of subsection (2) and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

(c) prescribing a date for the purposes of subsection (3);

(d) governing the decision made by the registrar as to whether to cancel the taxes assessed or levied against the eligible land or as to the amount of the reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund.

Definitions

(9) In this section,

"care and maintenance fund" and "cemetery" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("fonds d'entretien", "cimetière")

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"crematorium", "funeral establishment", "licensed services" and "licensed supplies" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("crématoire", "résidence funéraire", "services autorisés", "fournitures autorisées")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services; ("bien-fonds admissible")

"registrar" means the registrar appointed with respect to cemeteries under the Funeral, Burial and Cremation Services Act, 2002; ("registrateur")

"transfer service" means a transfer service as defined in the Funeral, Burial and Cremation Services Act, 2002. ("service de transfert")

Regulations Act

149. Clause (b) of the definition of "regulation" in section 1 of the Regulations Act is amended by striking out "section 78 of the Cemeteries Act".

Safety and Consumer
Statutes Administration
Act, 1996

150. (1) Subsection 3 (3) of the Safety and Consumer Statutes Administration Act, 1996 is amended by striking out "relating to its administration" and substituting "relating to its administration, or to such part of its administration as may be specified in the designation".

(2) Section 3 of the Act is amended by adding the following subsection:

Same

(3.1) For greater certainty, the Lieutenant Governor in Council may under this section designate two or more administrative authorities in respect to one designated statute or regulation and, in each designation, delegate the administration of the statute or regulation to each authority as it relates to,

(a) different provisions in the statute or regulation as may be specified in each designation; or

(b) the same provisions in the statute or regulation as they apply to different classes of persons, entities or activities, as may be specified in each designation.

151. Subsection 7 (1) of the Act is amended by striking out "the administration of designated legislation delegated to it and" and substituting "the administration of designated legislation delegated to it, or such part of the administration of designated legislation as is delegated to it, and".

152. (1) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46 and 2000, chapter 16, section 46, is amended by adding "Funeral, Burial and Cremation Services Act, 2002".

(2) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46 and 2000, chapter 16, section 46, is amended by striking out "Cemeteries Act (Revised)".

Vital Statistics Act

153. The definition of "cremation" in section 1 of the Vital Statistics Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

PART XVI
COMMENCEMENT AND SHORT TITLE

Commencement

154. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

155. The short title of this Act is the Funeral, Burial and Cremation Services Act, 2002.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 209 and does not form part of the law. Bill 209 has been enacted as Chapter 33 of the Statutes of Ontario, 2002.

The Bill repeals the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act and replaces them with one statute. The Bill provides for a transition period during which the Funeral Directors and Establishments Act is amended to allow the Board of Funeral Services established under that Act to continue until such time as that Act is repealed.

The Bill provides for the appointment of registrars and directors for the purposes of administering the Act. The Minister may appoint more than one registrar or director, each being responsible for a different group of licensees. During the transition period, the Minister may appoint the registrar appointed by the Board of Funeral Services as a registrar under the Act and that registrar will exercise powers and duties under the new Act with respect to funeral directors, funeral establishment operators, transfer service operators, casket retail business operators and sales representatives for transfer service operators and casket retail business operators.

The Bill requires that the following persons be licensed:

1. Cemetery operators and their sales representatives.

2. Crematorium operators and their sales representatives.

3. Funeral establishment operators.

4. Funeral directors.

5. Transfer service operators and their sales representatives.

6. Casket retail business operators and their sales representatives.

7. Marker retail business operators and their sales representatives.

The Bill provides that persons who are licensed under the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act continue to be licensed under the new Act when it comes into force. The Bill also gives regulation-making power to require the licensing of new classes of persons in relation to prescribed activities that relate to the businesses already licensed under the Act and to specify which provisions of the Act or regulations apply to the new licensees.

Cemetery owners are responsible for ensuring that cemeteries are operated by licensed operators and if the operator suddenly ceases to operate the cemetery, the owner is deemed to be the operator and has all of the duties and powers of an operator under the Act. All licensed operators are required to ensure that the salespersons that they employ carry out their duties in compliance with the Act.

The Bill contains provisions relating to consumer protection. Falsifying information, false advertising and the furnishing of false information are all prohibited. The registrar may make orders in respect of false advertising and may require that advertising be pre-approved before publication if an order in respect of false advertising has been made. The Bill contains broad regulation-making powers in relation to disclosure requirements imposed on licensees. Operators are required to maintain price lists in relation to the supplies and services they sell and are prohibited from selling at a price that is more than the price indicated on the price list.

The Bill specifies contract requirements and cancellation rights relating to sales of supplies and services by licensees. Such contracts must be in writing, a copy of the contract delivered to the purchaser and other specified requirements must be met, if the contract is to be enforceable by the operator. A purchaser is entitled to cancel a contract at any time if the specified requirements are not met. In addition, the purchaser of licensed supplies and services is entitled to a 30-day cooling-off period within which the contract may be cancelled and any money paid under the contract fully refunded. Furthermore, the person who purchases licensed supplies and services, other than interment rights and scattering rights, from a licensee may cancel the contract at any time until the supplies and services are provided and any money paid will be fully refunded less a prescribed amount. The person who purchases or holds interment rights or scattering rights may resell the rights to a third party unless the cemetery by-laws prohibit the resale. If the resale is prohibited by by-law, the cemetery owner is required to repurchase the rights from the rights holder in accordance with the Act. The Bill sets out other rights specific to interment and scattering rights holders, including rights arising out of the registrar's declaration that the rights have been abandoned.

Licensed operators are to maintain trust accounts. Any money received by an operator in respect of the sale of supplies and services, in advance of the provision of those supplies and services, must be held in trust.

Cemetery operators who sell interment rights or scattering rights are required to establish and maintain a care and maintenance fund to ensure the proper care and maintenance of cemetery land, markers and structures. If there is a deficiency in a non-commercial cemetery's care and maintenance fund, the cemetery owner may apply to the registrar for a determination as to the amount of the deficiency and a determination as to the owner's entitlement, under the regulations, to a cancellation, reduction or refund of taxes assessed or levied under the Assessment Act or the Provincial Land Tax Act. The registrar shall direct the appropriate municipality or the collector under the Provincial Land Tax Act to cancel, reduce or refund taxes assessed or levied against the cemetery owner and as to the amount of any reduction or refund. Cemetery operators who sell interment rights or scattering rights with respect to a part of the cemetery that is not yet developed or ready to be used for interment or scattering purposes shall hold the money received from such sales in trust, separate from any other money held by operators.

The Bill gives broad regulation-making powers to provide for a compensation fund scheme. During the transition period, the Board of Funeral Services established under the Funeral Directors and Establishments Act will continue to administer the Prepaid Funeral Services Compensation Fund established under that Act as it applies to funeral directors, funeral establishment operators and transfer service operators.

The Bill provides for the establishment of a discipline committee and an appeals committee. Licensees who are found to have breached the code of ethics by the discipline committee may be fined up to $25,000 or a lesser prescribed amount. During the transition period, the discipline committee established by the Board of Funeral Services established under the Funeral Directors and Establishments Act is continued and will continue to deal with and hear matters in accordance with the rules established under that Act with respect to funeral directors. The provisions of the Funeral Directors and Establishments Act may also be extended so that the discipline committee will deal with all disciplinary matters relating to funeral establishment operators, transfer service operators, casket retail business operators and sales representatives for transfer service operators and casket retail business operators.

There are provisions in the Bill that permit the registrar to deal with complaints made about licensees. There are powers to inspect licensees and to appoint investigators. Investigators may conduct searches with the assistance of a warrant to investigate breaches of the statute. There may be a search of a premise, other than a premise used as a dwelling, without a warrant in exigent circumstances. The director may also freeze the assets of licensees and former licensees where it is advisable for the protection of the customers of the licensee or former licensee. The director may apply to the courts for the appointment of a receiver and manager to take the control of the business of a licensee in certain circumstances. The director may apply for a restraining order if a person is not complying with the Act.

The Bill contains an offence section. A person who contravenes the Act is guilty of an offence and, on conviction, is liable to a fine of up to $50,000 and up to two years imprisonment if the person is an individual and a fine of up to $250,000 if the person is a corporation. If there is a conviction, there may also be an order for restitution or compensation. If a fine is not paid, a lien may be registered against the person's property.

The Bill preserves certain provisions from the Cemeteries Act (Revised) relating to the establishment and closing of cemeteries, the procedures relating to discovering and investigating burial sites, the maintenance of war graves and other general provisions.

The Bill contains general provisions dealing with such matters as the preservation of secrecy, service of documents and the setting of fees by the Minister.

The Minister may make regulations establishing a code of ethics, governing the jurisdiction of committees and in areas delegated by the Lieutenant Governor in Council. The Lieutenant Governor in Council may make regulations dealing with a broad range of matters to regulate the industry.

Until such time as it is repealed in its entirety, the Funeral Directors and Establishments Act is amended by repealing all of its provisions except for those relating to the establishment of the Board and its committees and their administration. The Board is to continue to exercise jurisdiction in relation to funeral directors, funeral establishment operators and transfer service operators and its jurisdiction is extended to casket retailers and sales representatives for transfer service operators and casket retail business operators. The short title of the Act is changed to the Board of Funeral Services Act. The Act is to be repealed on day to be named by proclamation of the Lieutenant Governor.

The Bill makes consequential amendments to a number of other statutes, including to the statutes that follow.

The Assessment Act is amended to provide that the tax exemption for cemetery land on which crematoriums are located will expire five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

The Municipal Act, 2001 and the Provincial Land Tax Act are amended to provide a non-commercial cemetery owner with a tax cancellation, reduction or refund if the owner has a deficiency in one or more of his or her cemetery's care and maintenance funds.

The Safety and Consumer Statutes Administration Act, 1996 is amended in order that administrative authorities may be designated under that Act for the purpose of administering all or a part of the administration of this Act. The reference to the Cemeteries Act (Revised) in the Schedule to the Safety and Consumer Statutes Administration Act, 1996 is repealed.

[37] Bill 209 Original (PDF)

Bill 209 2002

An Act respecting
funerals, burials, cremations
and related services and providing
for the amendment of other statutes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS
PART I DEFINITIONS AND INTERPRETATION
1.	Definitions
PART II ADMINISTRATION
2. 3.	Director Registrar
PART III PROHIBITIONS AND GENERAL DUTIES RE: OPERATION OF BUSINESSES
4. 5. 6. 7. 8. 9. 10. 11. 12. 13.	Prohibitions respecting cemeteries Duties in operating cemeteries Prohibitions respecting crematoriums Duties in operating crematoriums Prohibitions respecting funeral establishments Duties respecting the operation of funeral establishments Casket retailing business Marker retailers business Operation of transfer services Transition
PART IV LICENSING
14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.	Requirements for licences Disclosure upon application Conditions Revocation, refusal to issue or renew, etc. Notice and hearing Immediate suspension Service requirements for hearing request Voluntary cancellation Continuation pending renewal Information re: cemetery Further application Appointment of manager Notice of transfer of shares
PART V CONSUMER PROTECTION
General
27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.	False advertising Order of registrar re: false advertising Prohibitions against soliciting False information Furnishing false information Disclosure by licensee Price list Prohibition: exceeding listed price Good standing One contract Guaranteed prices Contract price Storage of supplies Contract requirements Cancellation, unenforceable contract 30-day cooling-off period No delivery within 30 days Further cancellation rights Other persons to cancel contract Transition
Interment and Scattering Rights
47. 48. 49. 50.	Resale of rights Other rights upon purchase of interment rights Declaration of abandonment Redress
PART VI TRUST ACCOUNTS
51. 52. 53. 54. 55. 56. 57. 58. 59. 60.	Trust accounts, funds Money held in trust Cemetery care and maintenance fund Deficient care and maintenance fund Cemetery trust money temporarily held Sale of future interment rights Investment of trust funds by trustee Information to registrar, Public Guardian and Trustee Passing accounts No compensation to licensee
PART VII COMPENSATION FUNDS
61.	Compensation fund scheme
PART VIII CODE OF ETHICS AND DISCIPLINE
62. 63. 64. 65.	Code of ethics Discipline and appeal committee Discipline proceedings Transition
PART IX COMPLAINTS, INSPECTIONS AND INVESTIGATIONS
66. 67. 68. 69. 70. 71.	Complaints Inspection by registrar Inquiries concerning contravention of Act Appointment of investigators Search warrant Searches in exigent circumstances
PART X ENFORCEMENT
72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82.	Freeze order Notice registered against land Release of assets Application to court Appeal to Tribunal Appointment of receiver and manager Restraining orders Offence Orders for compensation, restitution Disclosure of default in payment of fine Liens and charges
PART XI SPECIAL PROVISIONS RE: CEMETERIES, CREMATORIUMS AND BURIAL SITES
Establishment of Cemetery or Crematorium
83. 84. 85. 86. 87.	Conditions to establishment, etc. Municipal approval Appeal to O.M.B. Registrar's consent Appeal to Tribunal
Closing Cemetery
88. 89. 90. 91. 92. 93.	Cemetery closing Appeal Certificate of closing, cemeteries Maintenance fund Other trust money Appeal to Tribunal
Burial Sites
94. 95. 96. 97. 98. 99. 100.	Disturbing burial site prohibited Unmarked burial sites Investigation into origins of site Declaration Site disposition agreement Arbitrated settlement Irregular burial site
War Graves
101.	Removal, etc., of war graves
General
102. 103. 104. 105.	Prohibition: interfering with cemetery Liability Municipal power to expropriate Act prevails
PART XII MISCELLANEOUS
106. 107. 108. 109. 110. 111.	Matters confidential Service Fees Certificate as evidence Names of and information concerning licensees Information provided
PART XIII REGULATIONS
112. 113.	Minister's regulations Lieutenant Governor in Council regulations
PART XIV REPEALS, AMENDMENTS AND TRANSITION
114.-139.		Repeals, amendments and transition
PART XV CONSEQUENTIAL AMENDMENTS
140.-153.		Consequential amendments
PART XVI COMMENCEMENT AND SHORT TITLE
154. 155.	Commencement Short title
______________

PART I
DEFINITIONS AND INTERPRETATION

Definitions

1. (1) In this Act,

"burial site" means land containing human remains that has not been approved or consented to as a cemetery in accordance with this Act or a predecessor of this Act that related to cemeteries; ("lieu de sépulture")

"casket" means a container intended to hold a dead human body for funeral, cremation or interment purposes; ("cercueil")

"cemetery" means, except when referring to an unapproved cemetery or an unapproved aboriginal peoples cemetery,

(a) land that has been established as a cemetery under sections 83 to 87 or under a predecessor of this Act that related to cemeteries and in respect of which a certificate of consent issued by the registrar under section 86 is registered in the land registry office, or

(b) land that is otherwise set aside to be used either for the interment of human remains or for the scattering of cremated human remains, or for both of those purposes,

and includes a mausoleum, columbarium or other structure intended for the interment of human remains that is situated on the land; ("cimetière")

"cemetery services" means services provided in respect of the interment of human remains or the scattering of cremated human remains at a cemetery and includes such services as may be prescribed; ("services de cimetière")

"columbarium" means a structure designed for the purpose of interring cremated human remains in compartments; ("columbarium")

"crematorium" means a building fitted with appliances for the purpose of cremating human remains that has been approved or consented to as a crematorium in accordance with sections 83 to 87 or established in accordance with the requirements of a predecessor of this Act that related to cemeteries and includes everything necessarily incidental and ancillary thereto; ("crématoire")

"crematorium services" means services provided in respect of the cremation of dead human bodies and includes such services as may be prescribed; ("services de crématoire")

"embalm" means to preserve and disinfect all or part of a dead human body by any means other than by refrigeration, but does not include religious rites relating to the washing of a body; ("embaumer")

"employ" means to employ, appoint, authorize or otherwise arrange to have another person act on one's behalf, including as an independent contractor; ("employer")

"equity share" means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; ("action participante")

"funeral director" means an individual licensed to act as a funeral director under subsection 8 (2); ("directeur de funérailles")

"funeral establishment" means premises established for the purpose of providing funeral services and includes premises used for the purpose of temporarily placing dead human bodies so that persons may attend and pay their respects; ("résidence funéraire")

"funeral services" means the care and preparation of dead human bodies, the co-ordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed, but does not include cemetery or crematorium services; ("services funéraires")

"human remains" means a dead human body or the remains of a cremated human body; ("restes humains")

"income" means the interest or money earned, including the compounding thereof, by the investment of funds, but does not include any capital gains realized from the investment of funds; ("revenu")

"inter" means the burial of human remains and includes the placing of human remains in a lot; ("inhumer")

"interment rights" includes the right to require or direct the interment of human remains in a lot; ("droits d'inhumation")

"interment rights holder" means the person who holds the interment rights with respect to a lot whether the person be the purchaser of the rights, the person named in the certificate of interment or such other person to whom the interment rights have been assigned; ("titulaire de droits d'inhumation")

"licensed services" means services that may only be sold or provided by a person licensed to do so under sections 4 to 12 or by regulation and includes interment rights and scattering rights; ("services autorisés")

"licensed supplies" means a casket or marker that may only be sold by a person who holds a licence to do so or any other supply that is sold by a person licensed under this Act in the normal course of business; ("fournitures autorisées")

"licensee" means a person who holds a licence issued under this Act; ("titulaire de permis")

"lot" means an area of land in a cemetery containing, or set aside to contain, human remains and includes a tomb, crypt or compartment in a mausoleum and a niche or compartment in a columbarium and any other similar facility or receptacle; ("sépulture")

"marker" means any monument, tombstone, plaque, headstone, cornerstone or other structure or ornament affixed to or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains; ("repère")

"mausoleum" means a building or structure, other than a columbarium, used as a place for the interment of human remains in crypts or compartments; ("mausolée")

"Minister" means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministre")

"Ministry" means the Ministry of Consumer and Business Services or the ministry of the member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministère")

"officer" includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager or assistant general manager of the corporation or a partner or general manager or assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; ("dirigeant")

"operator" means a person who is licensed to operate a cemetery, crematorium, funeral establishment, casket retailing business, marker retailing business, transfer service or any other business for which a licence may be required by regulation and includes a cemetery owner who is deemed to be a cemetery operator under subsection 5 (2); ("exploitant")

"prescribed" means prescribed by the regulations; ("prescrit")

"registrar" means the registrar appointed under section 3; ("registrateur")

"regulations" means regulations made under this Act; ("règlements")

"sales representative" means an individual who is issued a licence under this Act to sell licensed services, caskets or markers on behalf of an operator; ("représentant commercial")

"scattering grounds" means the land within a cemetery that is set aside to be used for the scattering of cremated human remains; ("aire de dispersion")

"scattering rights" includes the right to require or direct the scattering of cremated human remains on the scattering grounds of a cemetery; ("droits de dispersion")

"scattering rights holder" means the person who holds the scattering rights with respect to a scattering ground whether the person be the purchaser of the rights, the person named in the certificate of scattering or such other person to whom the interment rights have been assigned; ("titulaire de droits de dispersion")

"transfer service" means a service to the public with respect to the disposition of dead human bodies, including the transportation of dead human bodies and the filling out of the necessary documentation with respect to the disposition of dead human bodies; ("service de transfert")

"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. ("Tribunal")

Associated shareholders

(2) For the purposes of this Act, one shareholder is associated with another shareholder in any of the following circumstances:

1. One shareholder is a corporation of which the other shareholder is an officer or director.

2. One shareholder is a partnership of which the other shareholder is a partner.

3. Both shareholders are partners of the same partnership.

4. One shareholder is a corporation that is controlled directly or indirectly by the other shareholder.

5. Both shareholders are corporations and one shareholder is controlled directly or indirectly by the same person who controls directly or indirectly the other shareholder.

6. Both shareholders are members of a voting trust and the trust relates to shares of the corporation.

7. Both shareholders are associated within the meaning of paragraphs 1 to 6 with the same person.

PART II
ADMINISTRATION

Director

2. (1) Subject to subsection (2), the Minister shall appoint one or more directors for the purposes of this Act and may appoint one or more deputy directors.

Director cannot be registrar

(2) A person appointed as a registrar or a deputy registrar under subsection 3 (1) shall not be appointed as a director or a deputy director under subsection (1).

Deputy director, duties

(3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence.

Deputy director

(4) Where more than one deputy director has been appointed, only one deputy director may act as the director under subsection (3) at any one time.

Registrar

3. (1) Subject to subsection (2), the deputy minister to the Minister shall appoint one or more registrars for the purposes of this Act and may appoint one or more deputy registrars.

Registrar cannot be director

(2) A person appointed as a director or a deputy director under subsection 2 (1) shall not be appointed as a registrar or a deputy registrar under subsection (1).

Powers and duties

(3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act under the supervision of the director and a deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar's absence.

Deputy registrar

(4) If more than one deputy registrar has been appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time.

Transition

(5) The Minister shall appoint the Registrar appointed under the Board of Funeral Services Act as registrar for the purposes of this Act, to exercise all the powers and duties of the registrar under this Act in relation to licensees who are also licensees as defined in section 1 of that Act until the day the Board of Funeral Services Act is repealed under section 139.

PART III
PROHIBITIONS AND GENERAL DUTIES
RE: OPERATION OF BUSINESSES

Prohibitions respecting cemeteries
Operating cemeteries

4. (1) No person shall operate a cemetery, or hold themself out as the operator of a cemetery, unless the person is licensed to do so.

Selling rights and services

(2) No person shall sell interment rights, scattering rights or cemetery services to the public, or hold themself out as available to sell such rights or services to the public, unless,

(a) the person is licensed as a sales representative of a cemetery operator and is acting on behalf of the cemetery operator specified in the sales representative's licence; or

(b) the person is licensed as a cemetery operator.

Interring remains

(3) No person shall inter human remains in a place other than in a cemetery that is operated by a person licensed under subsection (1).

Scattering remains

(4) No person shall scatter cremated human remains at a place other than at a scattering ground operated by a person licensed under subsection (1) unless the person is permitted by regulation to scatter cremated human remains in such circumstances, at such a place or in such a manner as may be prescribed.

Duties in operating cemeteries
Owner's duties

5. (1) An owner of a cemetery shall,

(a) ensure that the cemetery is operated and maintained by a person who is licensed to operate the cemetery; and

(b) ensure that the cemetery operator complies with the requirements of this Act and the regulations.

Owner deemed operator

(2) If the operator of a cemetery is a person other than the cemetery owner and, before a new operator is found as a replacement, the operator's licence is revoked, suspended or refused renewal or the operator otherwise ceases to operate the cemetery, the owner shall, subject to the regulations,

(a) be deemed to be the operator of the cemetery for the purposes of this Act; and

(b) ensure that the cemetery is operated and maintained in accordance with this Act and the regulations.

Operator's duties

(3) A cemetery operator shall ensure that the cemetery is operated in accordance with this Act and the regulations and shall ensure that,

(a) any interment of human remains and any scattering of cremated human remains are carried out in a decent and orderly manner and that quiet and good order are maintained in the cemetery at all times;

(b) cemetery grounds, including all lots, structures and markers, are maintained to ensure the safety of the public and to preserve the dignity of the cemetery; and

(c) every person has reasonable access to a lot or scattering ground at any time except as prohibited by the cemetery by-laws.

Greater certainty

(4) For greater certainty, the duties of an owner and operator under subsections (1), (2) and (3) in relation to the maintenance of a cemetery continue until the cemetery is closed under sections 88 to 90 even though interments are no longer being carried out and cremated human remains are no longer being scattered in the cemetery.

Operator's duties re: employees, etc.

(5) A cemetery operator shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Prohibitions respecting crematoriums
Operating crematoriums

6. (1) No person shall operate a crematorium, or hold themself out as the operator of a crematorium, unless the person is licensed to do so.

Selling services

(2) No person shall sell crematorium services to the public, or hold themself out as available to sell crematorium services to the public, unless,

(a) the person is licensed as a sales representative of a crematorium operator and is acting on behalf of the crematorium operator specified in the sales representative's licence; or

(b) the person is licensed as a crematorium operator.

Cremating remains

(3) No person shall cremate a human body at a place other than a crematorium operated by a person licensed under subsection (1).

Duties in operating crematoriums
Operator's duties

7. (1) A crematorium operator shall ensure that the crematorium is operated in accordance with this Act and the regulations and shall ensure that all cremations in the crematorium are carried out in a decent and orderly manner and that quiet and good order are maintained in the crematorium at all times.

Same re: employees, etc.

(2) A crematorium operator shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Prohibitions respecting funeral establishments
Operating funeral establishments

8. (1) No person shall operate a funeral establishment, or hold themself out as the operator of a funeral establishment, unless the person is licensed to do so.

Acting as funeral director

(2) No person shall act as a funeral director, or hold themself out as available to act as a funeral director, unless the person is an individual who is licensed to do so.

Same

(3) For the purpose of subsection (2), any person who offers, sells or arranges for the provision of funeral services is acting as a funeral director.

Management

(4) The operator of a funeral establishment shall ensure that the funeral establishment is managed by a funeral director.

Restriction on managing more than one

(5) No funeral director shall manage more than one funeral establishment except in the prescribed circumstances.

Same: embalming

(6) No person shall embalm dead human bodies, or hold themself out as available to embalm dead human bodies, unless,

(a) the person holds a licence to act as a funeral director and the licence authorizes the person to embalm dead human bodies; or

(b) a person is part of a class of persons prescribed by regulation and licensed under this Act.

Place of business

(7) The operator of a funeral establishment shall not operate the funeral establishment at a place other than the place named in the licence.

Exception, trainees

(8) Despite subsections (2) and (6), a person who is not a funeral director may act as a funeral director or embalm a dead human body if the person is,

(a) a person in a training program who is working under the supervision and in the presence of a funeral director; or

(b) a person who is enrolled in a course of funeral services education recognized by the Ministry and who is working under the supervision and in the presence of the course instructor.

Same

(9) Despite subsection (6), a person who is not a funeral director may embalm a dead human body if the person is employed in a faculty of medicine or in a school of anatomy designated under the Anatomy Act.

Exception

(10) Despite anything in this section, a licence is not required with respect to rites or ceremonies traditionally provided in a place of worship.

Duties respecting the operation of funeral establishments
Operators

9. (1) The operator of a funeral establishment shall ensure that,

(a) the funeral establishment is operated in accordance with this Act and the regulations;

(b) every funeral director that is employed in the funeral establishment carries out his or her duties in compliance with this Act and the regulations; and

(c) every other person to whom the operator or the managing funeral director delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Funeral directors

(2) Every funeral director shall comply with the requirements of this Act and the regulations.

Corporations

(3) If the operator of a funeral establishment is a corporation, it shall ensure that at least one of the directors of the corporation is a funeral director.

Partnerships

(4) If the operator of a funeral establishment is a partnership, it shall ensure that at least one of the partners is a funeral director.

Sole proprietor

(5) If the operator of a funeral establishment is an individual, he or she shall be a funeral director.

Corporation sole

(6) If the operator of a funeral establishment is a corporation sole, it shall ensure that such a person as may be prescribed is a funeral director.

Casket retailing business
Prohibition: operation of business

10. (1) No person shall operate a casket retailing business, or hold themself out as the operator of such a business, unless the person is licensed to do so.

Same: sale of caskets

(2) No person shall sell a casket to the public, or hold themself out as available to sell a casket to the public, unless the person is,

(a) licensed to operate a casket retailing business, cemetery or crematorium;

(b) licensed as a sales representative of the operator of a casket retailing business, cemetery or crematorium and acting on behalf of the operator specified in his or her licence;

(c) licensed as a funeral director and selling on behalf of a funeral establishment; or

(d) such other person as may be prescribed.

Place of business

(3) A person who is licensed to operate a casket retailing business shall not operate the business at a place other than the place named in the licence.

Operator's duties

(4) The operator of a casket retailing business shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Marker retailing business
Prohibition: operation

11. (1) No person shall operate a marker retailing business, or hold themself out as the operator of such a business, unless the person is licensed to do so.

Same: sale of markers

(2) No person shall sell a marker to the public, or hold themself out as available to sell a marker to the public, unless the person is,

(a) licensed to operate a marker retailing business, cemetery or crematorium;

(b) licensed as a sales representative of the operator of a marker retailing business, cemetery or crematorium and acting on behalf of the operator specified in his or her licence;

(c) licensed as a funeral director and selling on behalf of a funeral establishment; or

(d) such other person as may be prescribed.

Place of business

(3) A person who is licensed to operate a marker retailing business shall not operate the business at a place other than the place named in the licence.

Operator's duties

(4) The operator of a marker retailing business shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Operation of transfer services
Prohibition

12. (1) No person shall operate, or hold themself out as the operator of a transfer service, unless the person is,

(a) licensed to operate a transfer service; or

(b) licensed to operate a funeral establishment and the transfer service is operated as part of the normal operation of the funeral establishment.

Selling services

(2) No person shall sell transfer services to the public, or hold themself out as available to sell transfer services to the public, unless,

(a) the person is licensed as a sales representative of a transfer service operator and is acting on behalf of the transfer service operator specified in the sales representative's licence;

(b) the person is licensed as a transfer service operator; or

(c) the person is licensed as a funeral director and selling on behalf of a funeral establishment operator.

Place of business

(3) A person who is licensed to operate a transfer service shall not operate the transfer service at a place other than the place named in the licence.

Operator's duties

(4) The operator of a transfer service shall comply with this Act and the regulations and shall ensure that,

(a) every sales representative that the operator employs carries out his or her duties in compliance with this Act and the regulations; and

(b) every other person to whom the operator delegates responsibility carries out that responsibility in compliance with this Act and the regulations.

Transition

13. (1) Despite the repeal of the Cemeteries Act (Revised), any person who held a licence as a sales representative for a cemetery or a crematorium under that Act immediately before sections 4 and 6 of this Act are proclaimed into force shall be deemed to hold a licence as a sales representative for a cemetery or a crematorium, as the case may be, under this Act until the person is required to renew their licence under this Act.

Same

(2) If a person was licensed as a cemetery owner under the Cemeteries Act (Revised) immediately before section 4 of this Act is proclaimed into force and the person would be required to be licensed as a cemetery operator under this Act, the person shall be deemed to be licensed as a cemetery operator under this Act until the person is required to renew their licence under this Act.

Same

(3) If a person was licensed as a crematorium owner under the Cemeteries Act (Revised) immediately before section 6 of this Act is proclaimed into force and the person would be required to be licensed as a crematorium operator under this Act, the person shall be deemed to be licensed as a crematorium operator under this Act until the person is required to renew their licence under this Act.

Same

(4) Despite the repeal of sections 19 and 20 of the Board of Funeral Services Act, any person who held a licence as the operator of a funeral establishment, as a funeral director or as the operator of a transfer service under that Act immediately before section 8 or 12 of this Act is proclaimed into force shall be deemed to hold an equivalent licence under this Act until the person is required to renew their licence under this Act.

PART IV
LICENSING

Requirements for licences

14. (1) An applicant is entitled to a licence or to a renewal of that licence unless,

(a) the applicant or an interested person in respect of the applicant is carrying on activities,

(i) that are in contravention of this Act or the regulations, or

(ii) that will be in contravention of this Act, the regulations or a municipal by-law if the applicant is issued a licence;

(b) having regard to the applicant's financial position or the financial position of an interested person in respect of the applicant, the applicant cannot reasonably be expected to be financially responsible in the conduct of business;

(c) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds to believe that the applicant will not carry on business in accordance with the law and with integrity and honesty;

(d) the applicant, an employee or agent of the applicant makes a false statement or provides a false statement in an application for a licence or for a renewal of the licence;

(e) in the case of an applicant for a licence to operate a funeral establishment, or for a renewal of that licence,

(i) where the applicant is a corporation, the applicant does not have a funeral director as a director of the corporation,

(ii) where the applicant is a sole proprietor, the applicant is not a funeral director,

(iii) where the applicant is a partnership, the applicant does not have a funeral director as a partner in the partnership, or

(iv) where the applicant is a corporation sole, such person as may be prescribed is not a funeral director;

(f) in the case of an applicant for a licence to operate a cemetery, crematorium, funeral establishment, casket or marker retailing business or transfer service, or a renewal of such a licence,

(i) in the opinion of the registrar, the applicant or managing employees of the applicant do not have the experience and competence required to manage the business in accordance with the law,

(ii) the applicant is unable to provide the resources and facilities required to manage a business, or

(iii) the registrar has reasonable grounds to believe that the operation of the business by the applicant creates a risk to public health, safety or decency;

(g) the applicant or such other person as may be prescribed has not successfully completed such educational requirements as may be prescribed; or

(h) the applicant is a corporation and,

(i) having regard to its financial position or the financial position of an interested person in respect of the corporation, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,

(ii) having regard to the financial position of its officers or directors or of an interested person in respect of its officers or directors, the applicant cannot reasonably be expected to be financially responsible in the conduct of its business,

(iii) the past conduct of its officers or directors or of an interested person in respect of its officers or directors or of an interested person in respect of the corporation affords reasonable grounds for belief that its business will not be carried on in accordance with the law and with integrity and honesty, or

(iv) an officer or director of the corporation makes a false statement or provides a false statement in an application for a licence or for renewal of a licence.

Licence not transferable

(2) A licence is not transferable.

Interested persons

(3) For the purposes of subsection (1), a person shall be deemed to be an interested person in respect of another person if, in the opinion of the registrar,

(a) the person has or may have a beneficial interest in the other person's business;

(b) the person exercises or may exercise control either directly or indirectly over the other person; or

(c) the person has provided or may have provided financing either directly or indirectly to the other person's business.

Disclosure upon application
Corporations

15. (1) Upon being issued a licence or a renewal of a licence, an applicant that is a corporation shall disclose to the registrar the identity of any shareholders or any associated shareholders that beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the issuance of the licence or of its renewal, as the case may be.

Calculating number of shares

(2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total number of all shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried.

Individuals

(3) If an applicant for a licence or a renewal of a licence intends to be employed by more than one operator or intends to operate a licensed business and be employed by another operator, the applicant shall disclose this fact to the registrar and to any operator by whom he or she is employed or intends to be employed.

Change in employer

(4) A licensee who is employed by an operator shall disclose such information as may be prescribed to the registrar and to the operator within the prescribed time if the licensee changes employment or begins working as an employee for another operator.

Conditions

16. (1) A licence is subject to such conditions as are consented to by the applicant or licensee, imposed by the registrar under subsection (2), ordered by the Tribunal or prescribed by regulation.

Same

(2) Subject to section 18, the registrar may,

(a) issue or renew the licence, subject to such conditions as he or she considers appropriate; and

(b) at any time, attach such conditions as he or she considers appropriate to a licence.

Revocation, refusal to issue or renew, etc.

17. (1) Subject to section 18, the registrar may refuse to issue a licence or to renew a licence or may suspend or revoke a licence if, in his or her opinion, the applicant or licensee is not eligible for a licence under section 14 or the licensee is in breach of a condition of his or her licence.

Limitation re: suspension of operation of cemetery

(2) Despite subsection (1), the registrar shall not suspend or revoke a licence to operate a cemetery unless the director has appointed a manager in accordance with section 25 to operate the cemetery instead of the person who is licensed to operate it.

Notice and hearing

18. (1) The registrar shall notify an applicant or licensee in writing if he or she proposes to,

(a) refuse to issue or renew a licence;

(b) suspend or revoke a licence; or

(c) apply conditions to a licence or renewal of a licence to which the applicant or licensee has not consented.

Content of notice

(2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.

Service

(3) The notice of proposal shall be served on the applicant or licensee in accordance with section 20.

Where no request for hearing

(4) If an applicant or licensee does not request a hearing in accordance with subsection (2), the registrar may carry out the proposal.

Hearing and order

(5) If a hearing is requested, the Tribunal shall hold the hearing and may by order direct the registrar to carry out the registrar's proposal or substitute its opinion for that of the registrar and may attach conditions to its order or to a licence.

Parties

(6) The registrar, the applicant or licensee and such other persons as the Tribunal may specify are parties to the proceedings under this section.

Immediate effect pending appeal

(7) Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Immediate suspension

19. (1) If the registrar proposes to suspend or revoke a licence under section 17 and if the registrar considers it in the public interest to do so, the registrar may by order temporarily suspend the licence.

Immediate effect

(2) An order under subsection (1) takes effect immediately.

Expiry of order

(3) If a hearing is requested under section 18,

(a) the order expires 15 days after the written request for a hearing is received by the Tribunal; or

(b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).

Same

(4) Despite subsection (3), if it is satisfied that the conduct of the licensee has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order,

(a) until the hearing commences; and

(b) once the hearing commences, until the hearing is concluded.

Service requirements for hearing request

20. (1) A request for a hearing under section 18 is sufficiently served if delivered personally or if sent by registered mail or by such other manner as may be prescribed to the registrar and to the Tribunal.

Same

(2) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing.

Other methods

(3) Despite this section, the Tribunal may order any other method of service.

Voluntary cancellation

21. The registrar may cancel a licence upon the request in writing of the licensee and section 18 does not apply to the cancellation.

Continuation pending renewal

22. If, within the time prescribed or, if no time is prescribed, before the expiry of the licensee's licence, the licensee has applied for renewal of a licence and paid the fee required under section 108, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) if the licensee is served notice that the registrar proposes to refuse to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes its order.

Information re: cemetery

23. (1) Every cemetery operator shall file with the registrar such information as may be prescribed at such time and in such manner as may be prescribed.

Failure to file information

(2) An operator who fails to file the information in accordance with subsection (1) shall, upon receiving notice of the failure from the registrar, do or cease to do such things as are prescribed.

Further application

24. A person who is refused a licence or a renewal of a licence or whose licence is revoked may reapply for a licence only if,

(a) the time prescribed to reapply has passed since the refusal, revocation or refusal to renew; and

(b) new or other evidence is available or it is clear that material circumstances have changed.

Appointment of manager

25. (1) The director may appoint a manager to operate a cemetery in the place of the person who is licensed to operate the cemetery if,

(a) the director has reasonable and probable grounds, based on a statement under oath, to believe that the person licensed to operate the cemetery is doing or is about to do something in the operation of the cemetery that,

(i) creates or is likely to create a risk to public health, safety or decency, or

(ii) is causing or is likely to cause financial loss to members of the public; or

(b) the licence of the person who operates the cemetery is suspended or revoked.

Powers of manager

(2) A manager appointed under subsection (1) has all the powers of the person licensed to operate the cemetery with respect to the operation of the cemetery and may,

(a) exclude the cemetery operator or the cemetery owner from the premises of the business; or

(b) if the cemetery operator or the cemetery owner is a corporation, exclude the directors and officers of the corporation from the premises of the business.

Effect of appointment

(3) From the time a manager is appointed under subsection (1) until the day the appointment is cancelled, the person licensed to operate the cemetery shall not deal with any assets or trust funds relating to the cemetery and shall not be involved in the operation of the cemetery.

Cancellation

(4) Any person affected by an appointment of a manager may apply to a judge of the Superior Court of Justice for an order cancelling the appointment and the order may include such directions and conditions as seems appropriate.

Notice of transfer of shares

26. (1) In addition to the disclosure required under subsection 15 (1), every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or the transfer of any equity shares if the issue or transfer results in any one shareholder or any associated shareholders,

(a) acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the licensee; or

(b) increasing such holding, if the shareholder or associated shareholders already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares before the issue or transfer.

Same

(2) Despite subsection (1), if a licensee that is a corporation becomes aware of a transfer that otherwise falls into subsection (1) after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.

Calculation of total number of equity shares

(3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes it carries.

PART V
CONSUMER PROTECTION

General

False advertising

27. No licensee shall make a false, misleading or deceptive statement in any advertisement, circular, pamphlet or material published or distributed by any means relating to the sale or provision of any licensed supplies or services.

Order of registrar re: false advertising

28. (1) Where the registrar believes on reasonable grounds that a licensee is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material published by any means, the registrar may,

(a) order the cessation of the use of such material;

(b) order the licensee to retract the statement or publish a correction of equal prominence to the original publication; or

(c) order both a cessation described in clause (a) and a retraction or correction described in clause (b).

Notice and hearing

(2) Section 18 applies with necessary modifications to an order under this section in the same manner as to a proposal by the registrar to refuse to issue a licence.

Effect

(3) The order of the registrar shall take effect immediately, but the Tribunal may grant a stay until the registrar's order becomes final.

Preapproval

(4) If the licensee does not appeal an order under this section or if the order or a variation of it is upheld by the Tribunal, the licensee shall, upon the request of the registrar, submit all statements in any advertisement, circular, pamphlet or similar material to the registrar for approval before publication for such period as may be prescribed.

Prohibitions against soliciting
By phone or in person

29. (1) No licensee or other person shall contact, by telephone or in person, a person for the purpose of soliciting the making of, or negotiating, a contract for the sale or provision of a licensed supply or service.

Vulnerable persons

(2) No licensee or other person shall contact, by any means, a person in a hospital, nursing home, home for the aged, hospice or such other institution as may be prescribed for the purpose of soliciting the making of, or negotiating, a contract for the sale or provision of a licensed supply or service.

Exception

(3) This section does not prohibit a licensee from,

(a) contacting a person at the request of that person; or

(b) contacting another licensee for the purpose of soliciting the making of, or negotiating, a contract referred to in subsection (1) if the supplies or services sold or provided under the contract are not for the personal use or benefit of the other licensee.

False information

30. No licensee shall,

(a) falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to the sale or provision of any licensed supplies or services; or

(b) make a misleading or deceptive statement, or assist, induce or counsel another person to make a misleading or deceptive statement, in any information or document relating to the sale or provision of any licensed supplies or services.

Furnishing false information

31. No licensee shall furnish, assist in furnishing or induce or counsel another person to furnish or assist in furnishing any false, misleading or deceptive information or documents relating to the sale or provision of any licensed supplies or services.

Disclosure by licensee

32. (1) A licensee shall disclose such information as may be prescribed to such persons as may be prescribed and shall make the disclosure at such time and in such a manner as may be prescribed.

Remedies

(2) If a licensee fails to make a disclosure as required under subsection (1) or fails to do so in a timely way, in addition to any other remedies that may be available, the person to whom disclosure should have been made is entitled to such other remedies as may be prescribed.

Price list

33. (1) Every operator shall maintain a price list of the licensed supplies and services that are provided by the operator in accordance with the regulations.

Price list available to public

(2) Every licensee shall make the price list maintained under subsection (1) available to the public in accordance with the regulations.

Prohibition: exceeding listed price

34. (1) No licensee shall charge, collect or receive any amount of money for a licensed supply or service that is more than the price indicated on the price list maintained under section 33.

Repayment

(2) A licensee who charges, collects or receives an amount of money for a licensed supply or service that is more than the price indicated on the price list or, if the price for the supply or service sold is not on the price list, more than the price charged for a similar supply or service, shall repay the difference to the purchaser.

Good standing

35. (1) No operator shall enter into a contract for the sale or provision of licensed supplies or services unless the operator has made such payments to the prescribed compensation scheme as may be required by regulation.

Same

(2) An operator shall ensure that no person enters into a contract for the sale or provision of licensed supplies and services on the operator's behalf unless the operator has made such payments to the prescribed compensation scheme as may be required by regulation.

One contract

36. If a licensee agrees to sell or provide licensed supplies or services for the benefit of a person, all the licensed supplies or services to be sold or provided for the benefit of that person shall be included in a single contract.

Guaranteed prices

37. No licensee shall enter into a contract that guarantees the price of a particular licensed supply or service that is to be provided at a future date, unless the contract guarantees the price of all licensed supplies and services to be provided under the contract.

Contract price

38. If money is paid under a contract for the sale or provision of licensed supplies and services in advance of the provision of the supplies and services and, subsequent to the payment but before the provision of the supplies and services, the price for the supplies and services indicated on the operator's price list increases or decreases,

(a) in the case of an increase, the operator shall not charge the purchaser any additional amount in respect of the increase; and

(b) in the case of a decrease, the operator shall, upon the provision of the supplies or services, refund to the purchaser an amount equal to the difference between the lower price indicated on the price list and the amount paid by the purchaser under the contract.

Storage of supplies

39. An operator who sells a prescribed licensed supply in advance of the use of the supply shall, in the prescribed circumstances, store the supply, or ensure that the supply is stored by another person, in accordance with the regulations.

Contract requirements

40. (1) A contract for the provision of licensed supplies or services is not enforceable by an operator unless,

(a) the contract is written, signed by both parties and complies with the regulations;

(b) the contract sets out the purchaser's cancellation rights under this Act;

(c) the contract sets out all the supplies and services to be provided and the price charged for each of them;

(d) the operator delivers a signed copy of the contract to the purchaser in the prescribed manner;

(e) in the case of a contract for the purchase of interment rights, the operator delivers to the purchaser,

(i) a copy of the by-laws of the cemetery and written notice as to whether the by-laws of the cemetery permit the purchaser to resell the interment rights to a third party, and

(ii) a description of the location of the lot that is purchased;

(f) in the case of a contract for the purchase of scattering rights, the operator delivers to the purchaser,

(i) a copy of the by-laws of the cemetery and written notice as to whether the by-laws of the cemetery permit the purchaser to resell the scattering rights to a third party, and

(ii) a description of the location of the scattering ground where the rights may be exercised;

(g) in the case of a contract for the purchase of crematorium supplies and services, the operator delivers to the purchaser a copy of the crematorium's by-laws; and

(h) such other requirements as may be prescribed are met.

Right of action

(2) A purchaser under a contract that does not meet the requirements of clauses (1) (a), (b) or (c) or in respect of which the operator has not complied with the requirements of clauses (1) (d), (e), (f), (g) or (h) may bring an action in a court of competent jurisdiction to recover any amounts paid under the contract together with costs if,

(a) the purchaser has given the operator notice of cancellation under subsection 41 (1); and

(b) the operator has refused to pay the purchaser the amount payable under subsection 41 (2).

Joint liability in funeral establishments

(3) If a person is entitled to the repayment of money paid for or on account of funeral services, the operator of the funeral establishment, the funeral director who manages the funeral establishment and any funeral director employed in the funeral establishment who received the money or any part thereof are liable jointly and severally with any other person who is liable for the repayment of the money.

Cancellation, unenforceable contract

41. (1) A purchaser under a contract that is not enforceable by the operator under subsection 40 (1) may cancel the contract at any time after it is made by giving the operator written notice of cancellation.

Refund

(2) An operator who receives a notice of cancellation under subsection (1) shall, within 30 days of receiving the notice, refund to the purchaser all money received under the contract together with any income earned on that money.

Where contract performed

(3) Subsections (1) and (2) apply even though the licensed supplies and services provided for under the contract have been delivered or performed.

Repossession or return of supplies

(4) If licensed supplies were delivered under a contract that is cancelled under this section, the purchaser shall, subject to the regulations,

(a) permit the supplies to be repossessed by the operator who delivered them;

(b) return the supplies to the operator; or

(c) deal with them in such manner as may be prescribed.

Reasonable care

(5) If a purchaser cancels a contract under this section, the purchaser shall take reasonable care of the licensed supplies delivered to the purchaser under the contract for the prescribed period.

30-day cooling-off period

42. (1) If a purchaser enters into a contract for the provision of licensed supplies and services and all of the requirements in subsection 40 (1) are met, the purchaser is entitled to cancel the contract at any time within 30 days after the day on which the last of the requirements described in subsection 40 (1) is met.

Notice

(2) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of the cancellation.

Refund

(3) An operator who receives a notice of cancellation under subsection (2) shall, within 30 days after receiving the notice, refund to the purchaser all money received under the contract together with any income earned on that money.

Where contract performed

(4) Subsections (1), (2) and (3) apply even though the licensed supplies and services provided for under the contract have been delivered or performed.

Repossession or return of supplies

(5) Subsections 41 (4) and (5) apply with necessary modifications to a purchaser who cancels a contract under this section.

No delivery within 30 days

43. (1) An operator who enters into a contract for the provision of licensed supplies and services shall not provide any of the licensed supplies and services under the contract within the 30 days after the day the contract is made unless the purchaser consents to their provision in accordance with subsection (2).

Consent to delivery

(2) In such circumstances as may be prescribed, a purchaser under a contract described in subsection (1) may consent to the provision by the operator of all or part of the licensed supplies and services under the contract within 30 days after the day the contract is made.

Same

(3) A consent under subsection (2) shall be in writing on a form that meets such requirements as may be prescribed.

Validity of consent

(4) A consent under subsection (2) is not valid unless, before the consent is given, the operator gives the purchaser written notice in accordance with the regulations which shall,

(a) set out the fact that this Act prohibits the provision of the supplies and services within 30 days after the day the contract is made unless the purchaser gives his or her consent in accordance with subsection (2);

(b) inform the purchaser that if consent is given to receive licensed supplies and services within the 30-day period described in subsection (1), the purchaser, as of the time the supplies and services are provided, is no longer entitled to cancel the contract under section 42 with respect to those supplies and services.

If consent given

(5) If the purchaser consents to the provision of licensed supplies and services within 30 days after the day the contract is made,

(a) between the time the consent is given and such time as the supplies and services are provided,

(i) the purchaser continues to be entitled to cancel the contract under sections 41 and 42 with respect to all supplies and services under the contract, including those in respect of which the consent was given, and

(ii) if the purchaser exercises his or her right of cancellation under section 41 or 42, the amount of the refund to which the purchaser is entitled shall be the amount provided for under section 41 or 42, as the case may be, less a prescribed amount; and

(b) after the supplies and services are provided,

(i) the purchaser is no longer entitled to cancel the contract under section 42 with respect to the supplies and services that have been provided,

(ii) the purchaser continues to be entitled to cancel the contract under section 41 or 42 with respect to any other licensed supplies and services under the contract, and

(iii) if the purchaser exercises his or her right of cancellation as described in subclause (ii), the amount of the refund to which the purchaser is entitled shall be the amount provided for under section 41 or 42, as the case may be, less the value of such supplies and services as have been provided with the purchaser's consent.

Where delivery without consent

(6) If the operator provides licensed supplies and services to a purchaser within 30 days after the day the contract is made without obtaining the consent of the purchaser under subsection (2), the purchaser continues to be entitled to such cancellation rights with respect to those supplies and services as are provided under sections 41 and 42.

Revoking consent

(7) A purchaser may revoke a consent given under this section at any time before the provision of the licensed supplies or services by giving the operator written notice of the revocation on a form that meets such requirements as may be prescribed.

Further cancellation rights

44. (1) In addition to any right of cancellation under section 41 or 42, the purchaser under a contract for the provision of licensed supplies and services, other than interment rights and scattering rights, may cancel the contract at any time after the 30-day cooling-off period described in section 42 but before such time as the contract is fully performed by the operator.

Notice

(2) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of cancellation.

Election to return, etc.

(3) If supplies were delivered under a contract that is cancelled under this section, the purchaser may elect to keep all or part of the supplies or to return all or part of the supplies that have been delivered or make them available to be repossessed by the operator.

Refund

(4) An operator who receives a notice of cancellation under subsection (1) shall, within 30 days of receiving the notice, refund to the purchaser,

(a) if none of the licensed supplies and services under the contract have been provided at the time the contract is cancelled, all money received under the contract together with any income earned on that money, less a prescribed amount; and

(b) if part of the licensed supplies and services under the contract have been provided at the time the contract is cancelled, the amount provided for under clause (a) less the value of such supplies as the purchaser has elected to keep.

Reasonable care

(5) If a purchaser elects under subsection (3) to return licensed supplies to the operator or to make the supplies available for repossession, the purchaser shall take reasonable care of the supplies until such time as the supplies are in the operator's possession.

Customized goods

(6) Despite subsection (4), the amount of the refund to which a purchaser who cancels a contract under this section is entitled shall not be as provided under subsection (4) but shall be determined in accordance with the regulations if,

(a) under the terms of the cancelled contract, the operator was required to provide licensed supplies that were customized to the purchaser's specifications; and

(b) the operator has, at the time of the cancellation, incurred expenses in relation to the provision of the customized supplies.

Other persons to cancel contract

45. The rights to cancel a contract to which a purchaser under the contract is entitled under sections 41, 42 and 44 may also be exercised by such other persons as may be prescribed and the refund payable under those sections may be required to be paid to such other persons as may be prescribed, if the regulations so provide.

Transition

46. (1) The cancellation rights under sections 41, 42 and 44 apply to any contracts made under this Act on or after the day these sections come into force.

Same

(2) The cancellation rights provided under any predecessor legislation continue to apply with respect to any contract to which they applied before the day sections 41, 42 and 44 come into force.

Interment and Scattering Rights

Resale of rights

47. (1) Despite section 4, an interment rights holder or a scattering rights holder has the right to sell the interment rights or scattering rights, as the case may be, to a third party before the rights are exercised, if such a resale is not prohibited by the by-laws of the cemetery.

Disclosure to third party

(2) An interment rights holder or a scattering rights holder who sells interment rights or scattering rights under subsection (1) shall disclose in writing,

(a) to the third party purchaser, such information as may be prescribed; and

(b) to the cemetery operator, such information as may be prescribed in such a manner as may be prescribed.

Prohibition against speculating

(3) No person shall purchase interment rights or scattering rights for the sole or primary purpose of reselling the rights with a view to making a financial gain.

Same

(4) An interment rights holder or a scattering rights holder who resells rights under this section shall not sell the rights for an amount that is greater than the price of those rights as indicated on the cemetery's price list.

If no resale permitted

(5) Subject to subsections (9) and (10), if the by-laws of a cemetery prohibit an interment rights holder or a scattering rights holder to sell the interment rights or scattering rights to a third party, then, in addition to any rights of cancellation that may exist under section 41 or 42, the rights holder may, at any time, cancel the contract under which the rights were purchased by giving the cemetery operator written notice of the cancellation and require the operator to repurchase the interment rights or the scattering rights, as the case may be.

Refund

(6) If an interment rights holder or a scattering rights holder cancels a contract for the purchase of interment rights or scattering rights under subsection (5), the operator shall pay the rights holder the greater of the following amounts, less a prescribed amount:

1. All money received by the operator under the contract.

2. The market value of the interment rights or scattering rights on the day the operator receives notice of cancellation of the contract.

Evidence

(7) For the purposes of paragraph 2 of subsection (6), the value of the interment rights or scattering rights, as the case may be, as indicated on the price list maintained by the operator under section 33 shall be evidence of the market value of the rights.

Timing

(8) A refund under subsection (6) shall be made by the cemetery operator within 30 days of receiving notice of the cancellation.

No cancellation right

(9) A person who holds interment rights with respect to a lot in a cemetery plot is not entitled to cancel the contract under which the rights were purchased under subsection (5) if interment rights to another lot in the plot have already been exercised.

Same: scattering rights

(10) A person who holds scattering rights with respect to scattering grounds in a cemetery is not entitled to cancel the contract under which the rights were purchased under subsection (5) if other scattering rights with respect to the same scattering grounds have already been exercised.

Plot

(11) In subsection (9),

"plot" means two or more lots in respect of which the rights to inter have been sold as a unit.

Application

(12) This section applies to any contract for the provision of interment rights or scattering rights, including any such contract that was made before the day this section comes into force.

Other rights upon purchase of interment rights

48. (1) An interment rights holder or his or her personal representative has the right to,

(a) inter any human remains in the lot to which the interment rights relate in accordance with the cemetery by-laws;

(b) erect a marker on the lot, or other receptacle for human remains, to which the interment rights relate if doing so does not contravene the cemetery by-laws;

(c) reasonable access to the lot to which interment rights relate at any time permitted under the cemetery by-laws; and

(d) once the interment rights have been paid in full, receive a certificate of interment rights from the operator.

Same

(2) An interment rights holder and the relatives of any person whose remains are interred in a cemetery have the right to decorate the lot in which the remains are interred if the decoration does not contravene the cemetery by-laws.

Same: scattering rights

(3) A scattering rights holder or his or her personal representative has the right to,

(a) scatter any cremated human remains on the scattering grounds to which the scattering rights relate in accordance with the cemetery by-laws;

(b) erect a marker on the scattering grounds to which the scattering rights relate if doing so does not contravene the cemetery by-laws;

(c) reasonable access to the scattering grounds to which the rights relate at any time permitted under the cemetery by-laws; and

(d) once the scattering rights have been paid in full, receive a certificate of scattering rights from the operator.

Same

(4) A scattering rights holder and the relatives of any person whose cremated remains are scattered in a cemetery have the right to decorate the scattering grounds on which the remains are scattered if the decoration does not contravene the cemetery by-laws.

Declaration of abandonment

49. (1) If interment rights or scattering rights are sold and are not exercised within 20 years of the date of sale, the cemetery operator may, after the 20 years has elapsed, apply to the registrar for a declaration that the rights are abandoned.

Inquiry by registrar

(2) Upon receiving an application under subsection (1), the registrar shall make such inquiry as seems reasonable in the circumstances and direct the operator of the cemetery to give notice of the application to such persons as seems reasonable in the circumstances.

Declaration

(3) Upon being satisfied that the interment rights or scattering rights are abandoned, the registrar shall issue a declaration to that effect.

Notice

(4) The registrar shall give notice of the declaration or of a decision not to issue a declaration to the applicant and to every person who has indicated to the registrar an interest in the matter.

Appeal

(5) Any person with an interest in the matter may appeal the decision of the registrar to the Tribunal within 30 days after notice of the decision is given under subsection (4).

Effect of declaration

(6) If the registrar has declared interment rights or scattering rights abandoned, the operator of the relevant cemetery may,

(a) sell the interment rights or scattering rights; and

(b) remove any marker that has been erected on the lot or scattering ground in respect of which the interment rights or scattering rights have been declared abandoned.

Time limitation on sale

(7) The operator of a cemetery shall not sell interment rights or scattering rights that have been declared abandoned until,

(a) if there is no appeal, the end of the time for appeal; or

(b) if there is an appeal, the Tribunal has affirmed the declaration of abandonment.

Storage of marker

(8) The operator of a cemetery who removes a marker under clause (6) (b) shall keep the marker in storage at the operator's expense for a period of at least 20 years.

Redress

50. (1) A person whose interment rights or scattering rights have been declared abandoned under section 49 may apply to the registrar for an order under subsection (2).

Order

(2) Upon receiving an application under subsection (1), the registrar may order,

(a) if the operator of the cemetery has sold the interment rights or scattering rights to another person,

(i) in the case of interment rights that have been sold, that the operator of the cemetery provide the applicant with interment rights with respect to a lot, in the cemetery or in another cemetery operated by the same person, that the applicant considers equivalent to or better than the lot in respect of which the interment rights were declared abandoned,

(ii) in the case of scattering rights that have been sold, that the operator of the cemetery provide the applicant with scattering rights with respect to a scattering ground, in the cemetery or in another cemetery operated by the same person, that the applicant considers equivalent to or better than the scattering grounds in respect of which the scattering rights were declared abandoned, or

(iii) that the operator of the cemetery reimburse the applicant for the loss of the interment rights or scattering rights in an amount prescribed by regulation; or

(b) if the operator of the cemetery has not sold the interment rights or scattering rights to another person, that the declaration of abandonment be cancelled and that the operator of the cemetery restore the rights to the applicant.

Marker restored

(3) If the registrar orders an operator to provide alternative interment rights or scattering rights or to restore the applicant's interment rights or scattering rights, the operator of the cemetery shall re-erect any marker stored under clause 49 (6) (b) at the appropriate site at the operator's expense.

PART VI
TRUST ACCOUNTS

Trust accounts, funds

51. An operator shall maintain such trust accounts or establish such trust funds as may be required by regulation.

Money held in trust

52. (1) An operator who receives money in respect of the sale of licensed supplies or services, in advance of the provision of those supplies or services, shall ensure that the money is held in trust in accordance with the regulations.

Money in respect of sale

(2) For the purposes of subsection (1), money received by an operator in respect of a sale of licensed supplies and services includes any money paid by the purchaser to cover an administrative fee or any disbursements incurred by the operator.

Non-application

(3) This section does not apply to money received by or on behalf of a cemetery operator if the money is required to be paid into a fund under clause 53 (7) (b) or section 56.

Payments into trust

(4) A licensee shall pay the money that is required to be held in trust into a trust account within the prescribed time.

Payment out of trust account

(5) Money held in trust under this section and any income from the money shall not be paid out except,

(a) to cover the cost of expenses that the licensee incurs in order to provide the supplies and services under the contract;

(b) upon cancellation of the contract to purchase the licensed supplies or services; or

(c) in accordance with the regulations.

Disbursement of capital gains

(6) Capital gains realized from the investment of money held in trust under this section shall be disbursed in accordance with the regulations.

Repayment of excess

(7) If, at the time licensed supplies and services are provided, the money that was placed in the trust account for the provision of the supplies and services, together with any income earned on that money, exceeds the current selling price for the supplies and services as set out in the price list maintained by the operator under section 33, the excess money, including any income earned on the money, shall be paid out of the trust fund to a prescribed person in accordance with the regulations.

Use of income by operator

(8) If, at the time licensed supplies and services are provided, the money that was placed in the trust account for the provision of the supplies and services is less than the current selling price for the supplies and services as set out in the price list maintained by the operator under section 33, the operator may apply any income earned on the money held in trust to cover the cost of the supplies and services.

Application

(9) This section applies to money received by an operator on or after the day this section comes into force.

Transition

(10) If an operator who was licensed under a predecessor Act is, immediately before the day this section comes into force, holding in trust money to which this section would apply if it were received by the operator on or after the day this section comes into force, the operator shall continue to hold the money in trust on and after the day this section comes into force in accordance with the rules established under the predecessor Act.

Cemetery care and maintenance fund

53. (1) Every cemetery operator who sells, assigns or transfers interment rights or scattering rights shall establish a trust fund to be known as the cemetery's care and maintenance fund.

Place

(2) The care and maintenance fund shall be established in a prescribed type of institution.

Purpose of fund

(3) The purpose of the care and maintenance fund is to generate income for the care and maintenance of the cemetery.

Trustee of fund

(4) The care and maintenance fund shall be administered by a trustee who meets the prescribed criteria or is employed by a prescribed type of institution.

Exception, municipal operator

(5) Despite subsection (4), a municipality that is licensed to operate a cemetery may act as the trustee,

(a) of the care and maintenance fund established by that municipality; or

(b) in prescribed circumstances, of the care and maintenance fund established by another operator.

Exception, Public Guardian and Trustee

(6) Despite subsection (4), an operator who does not have a practical alternative may require the Public Guardian and Trustee to act as a trustee for the care and maintenance fund established by the licensee.

Payments into fund

(7) In addition to any amount deposited in the care and maintenance fund under subsection (8), a cemetery operator shall pay the prescribed amount into the fund,

(a) upon the establishment of the cemetery;

(b) within the prescribed time after receiving money for the sale or transfer of interment rights or scattering rights; and

(c) at such other times or on such other occasions as may be prescribed.

Marker installation

(8) Before a marker is installed in a cemetery, the person who is responsible for the installation of the marker shall pay the prescribed amount to the cemetery operator who shall deposit the amount in the care and maintenance fund.

Same

(9) A cemetery operator who does not receive the prescribed amount under subsection (8) upon the installation of a marker in the cemetery shall pay a prescribed amount into the cemetery's care and maintenance fund.

Payments out of fund

(10) A trustee of a care and maintenance fund for a cemetery shall pay the income from the fund, after deducting the trustee's fees, to the cemetery operator.

Use of money

(11) A cemetery operator who receives money under subsection (10) shall use the money for the upkeep of the cemetery and the markers and structures therein in the prescribed manner.

No use of capital portion

(12) No trustee of a care and maintenance fund shall pay out any of the capital portion of the fund except as permitted by regulation.

Exception

(13) Subsection (12) does not preclude a trustee from transferring the fund, with the consent of the registrar, to another trustee.

Transition

(14) A care and maintenance fund that was established by a cemetery owner under the Cemeteries Act (Revised) and that is in existence immediately before the day this section comes into force shall, on and after the day this section comes into force, be deemed to be a care and maintenance fund established under this section and be subject to the provisions of this Act and of the regulations relating to care and maintenance funds.

Deficient care and maintenance fund

54. (1) If a there is a deficiency in the care and maintenance fund of a cemetery that is not a commercial cemetery, the owner of the cemetery may request that the registrar,

(a) make a determination as to the amount of the deficiency;

(b) determine, in accordance with the regulations, whether the cemetery owner is entitled to a cancellation, reduction or refund of all or part of the taxes assessed or levied on cemetery land that is owned by the cemetery owner and that is eligible land under section 357.1 of the Municipal Act, 2001 or section 21.2 of the Provincial Land Tax Act, as the case may be, and, if so, determine in accordance with the regulations the amount of any reduction or refund; and

(c) if the registrar determines under clause (b) that the owner is entitled to a cancellation, reduction or refund, prepare a notice for the purposes of section 357.1 of the Municipal Act, 2001 or section 21.2 of the Provincial Land Tax Act, as appropriate, which notice shall,

(i) confirm whether the owner has a deficiency in its care and maintenance fund, and

(ii) direct the local municipality or the collector under the Provincial Land Tax Act to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(2) The determination made by the registrar under clause (1) (b) as to whether to cancel, reduce or refund taxes or as to the amount of any reduction or refund of the taxes shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Notice of decision

(3) The registrar shall notify the cemetery owner who made a request under subsection (1) in writing of his or her determination and the notice shall be accompanied where appropriate with a copy of the notice to the local municipality or collector referred to in clause (1) (c).

Right to hearing

(4) A notice to a cemetery owner under subsection (3) shall state that the cemetery owner is entitled to a hearing by the Tribunal to review the registrar's determination if the owner mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.

Service

(5) Section 20 applies with necessary modification to the service of a notice under subsection (4).

Hearing and order

(6) If a hearing is requested, the Tribunal shall hold the hearing and may by order substitute its opinion for that of the registrar and attach conditions to its order.

Parties

(7) The registrar, the cemetery owner or such other persons as the Tribunal may specify are parties to the proceedings under this section.

Where no hearing requested

(8) If a hearing is not requested, the cemetery owner may make an application under section 357.1 of the Municipal Act, 2001 or under section 21.2 of the Provincial Land Tax Act, as the case may be, and include a copy of the notice prepared under clause (1) (c) in the application.

Deposit into fund

(9) The owner of a cemetery who receives a cancellation, reduction or refund of taxes under section 357.1 of the Municipal Act, 2001 or under section 21.2 of the Provincial Land Tax Act shall promptly deposit into the cemetery's care and maintenance fund an amount equal to,

(a) the amount of the reduction or refund; or

(b) the amount of tax that the owner would have had to remit if the taxes had not been cancelled.

Definitions

(10) In this section,

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services. ("bien-fonds admissible")

Cemetery trust money temporarily held

55. (1) All money received by a cemetery operator that is required to be paid into a care and maintenance fund and that is not placed immediately in the fund shall be deposited by the operator into a trust account described in subsection (2) until such time as it is transferred to the care and maintenance fund or paid out in accordance with the regulations.

Trust account

(2) A trust account referred to in subsection (1) shall be in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), loan or trust corporation, credit union as defined in the Credit Unions and Caisses Populaires Act, 1994 or the Province of Ontario Savings Office.

Transfer of money, etc.

(3) If money is placed in a trust account under this section, it shall be transferred into the cemetery operator's care and maintenance fund or paid out within no less than 30 days and no more than 60 days.

Sale of future interment rights

56. (1) If interment rights are sold with respect to a cemetery lot in a part of a cemetery or in a mausoleum, columbarium or other facility in the cemetery that, at the time of the sale, has not been built, developed or otherwise made ready for interment purposes, the operator of the cemetery,

(a) is not, despite clause 53 (7) (b), required to pay any money from the sale of the interment rights into the cemetery's care and maintenance fund; and

(b) shall ensure that the money described in clause (a) and any money received from the sale of any cemetery supplies and services related to the sale of interment rights is held in trust in accordance with the regulations.

Money held separately

(2) The money held under this section shall be held in trust separate from any other money held by the cemetery operator and disbursed in accordance with the regulations.

Application, scattering rights

(3) This section applies with necessary modifications to scattering rights that are sold with respect to land in a cemetery if land in the cemetery has not, at the time of the sale, been set aside as scattering grounds to be used for the scattering of cremated human remains.

Investment of trust funds by trustee

57. Despite subsection 27 (9) of the Trustee Act, a trust agreement with respect to money required to be held in trust under this Act shall not authorize a trustee to make investments with the trust money that would contravene the standard for investments required under subsection 27 (2) of the Trustee Act.

Information to registrar, Public Guardian and
Trustee

58. (1) The registrar or the Public Guardian and Trustee may require any licensee or trustee to provide,

(a) audited financial statements on any trust account or trust fund that is required to be established under this Act; and

(b) any information on trust accounts or trust funds that the licensee or trustee is required to establish under this Act.

Same

(2) A licensee or trustee who receives a request under subsection (1) shall promptly provide all the information or the statement required.

Passing accounts

59. (1) Upon receiving a written direction from the registrar or Public Guardian and Trustee to do so, a person who is required under this Act to establish a trust fund or to hold money in trust shall apply to the Superior Court of Justice to pass the accounts of that trust fund or trust money.

Same

(2) The court, on passing any account, may review and pass upon any agreement made by a licensee.

Same

(3) The court, on passing any account, may make any order that it considers necessary to ensure that the trust is carried out.

No compensation to licensee

60. No licensee shall charge a purchaser of licensed supplies or services, or receive any compensation or payment from such a purchaser, for establishing or maintaining a trust fund.

PART VII
COMPENSATION FUNDS

Compensation fund scheme

61. (1) A compensation fund scheme shall be established for the purposes of this Act in accordance with the regulations.

Purpose of compensation fund

(2) The purpose of any prescribed compensation fund shall be to compensate any person who suffers a financial loss due to a failure on the part of a licensee to comply with the Act or the regulations or with the terms of an agreement between the licensee and the person who suffered the loss.

Contributions to fund

(3) A licensee shall make such contributions to a prescribed compensation fund as may be required by regulation at such times and in such a manner as may be prescribed.

PART VIII
CODE OF ETHICS
AND DISCIPLINE

Code of ethics

62. It is a condition of every licence issued under this Act that a licensee shall comply with such code of ethics as may be established by the Minister under section 112.

Discipline and appeal committee

63. (1) One or more discipline committees shall be established by the Minister in accordance with the regulations for the purpose of hearing and determining matters relevant to a code of ethics.

Appeals committee

(2) One or more appeals committees shall be established in accordance with the regulations for the purpose of considering appeals from the discipline committees.

Composition

(3) The composition and appointment of the members of a discipline committee and appeals committee shall be as prescribed.

Discipline proceedings

64. (1) A discipline committee may hear and determine any allegation that a licensee has failed to comply with a code of ethics established by the Minister under section 112 in accordance with the prescribed procedures.

Order

(2) If a discipline committee determines that a licensee has failed to comply with the code of ethics, it may order any of the following as appropriate:

1. Require the licensee to take further educational courses.

2. If the licensee is an operator, require the operator to fund educational courses for any sales representative or funeral director employed by the operator in accordance with the terms that may be specified by the committee or to arrange and fund such educational courses.

3. Impose such fine as the committee considers appropriate, to a maximum of $25,000 or such lesser amount as is prescribed, to be paid by the licensee to the Minister of Finance or to such other person as may be prescribed.

4. Suspend or postpone the taking of further educational courses, the funding or the funding and arranging of educational courses or the imposition of the fine for such period and upon such terms as the committee designates.

5. Fix and impose costs to be paid by the licensee to the Minister of Finance or to such other person as may be prescribed.

Appeal

(3) A party to the discipline proceeding may appeal the decision of the discipline committee to the appeals committee.

Payment of fine

(4) If a fine is imposed under subsection (2), the licensee shall pay the fine within the period specified by the discipline committee or, where there has been an appeal, by the appeals committee, and where no period has been specified, within 60 days after the fine has been imposed.

Public access

(5) Decisions of a discipline committee and an appeals committee shall be made available to the public in such manner as may be prescribed.

Taking of educational course

(6) The licensee shall take the educational course required under subsection (2),

(a) within the time period specified in the order of the discipline committee or, if the requirement is the subject of an appeal, within the time period specified in the order of the appeals committee; or

(b) at the first reasonable opportunity after the last order made in respect of the educational course, if no time period is specified in that order.

Transition

65. Until such time as the Board of Funeral Services Act is repealed under section 139, this Part and any regulation made under this Part do not apply to licensees who are subject to disciplinary proceedings under sections 16, 17 and 18 of the Board of Funeral Services Act.

PART IX
COMPLAINTS, INSPECTIONS
AND INVESTIGATIONS

Complaints

66. (1) If the registrar receives a complaint about a licensee, the registrar may request information in relation to the complaint from any licensee.

Request for information

(2) A request for information made under subsection (1) shall indicate the nature of the complaint.

Compliance with request

(3) A licensee who receives a written request under subsection (1) shall provide the information as soon as practicable.

Powers

(4) In handling complaints, the registrar may, in accordance with the information received, do any of the following, as appropriate:

1. Attempt to mediate or resolve the complaint.

2. Give the licensee a written warning that if the licensee continues with the activity that led to the complaint, action may be taken against the licensee.

3. Require the licensee to take further educational courses.

4. Refer the matter, in whole or in part, to the discipline committee.

5. Take an action under section 17, subject to section 18.

6. Take further action as is appropriate in accordance with this Act.

Inspection by registrar

67. (1) The registrar or a person designated in writing by the registrar may conduct an inspection and may, as part of that inspection, enter and inspect at any reasonable time the business premises of a licensee, other than any part of the premises used as a dwelling, for the purposes of,

(a) ensuring that this Act and the regulations are being complied with;

(b) dealing with a complaint under section 66; or

(c) ensuring the licensee remains entitled to a licence.

Powers on inspection

(2) While carrying out an inspection, an inspector may,

(a) examine all money, valuables, documents, records and things that are relevant to the inspection;

(b) require a person on the premises being inspected to produce a document, record or thing that is relevant to the inspection;

(c) upon giving a receipt therefore, remove, for the purpose of making copies or extracts, documents, records or things relevant to the inspection;

(d) inquire into negotiations, transactions, loans or borrowings of a licensee and into assets owned, held in trust, acquired or disposed of by a licensee that are relevant to an inspection;

(e) use any data storage, processing or retrieval device or system used in carrying on business in the place in order to produce a document or record in readable form;

(f) conduct such tests as are reasonably necessary; and

(g) remove materials or substances for examination or test purposes subject to the licensee, or other occupant of the premises, being notified thereof.

Identification

(3) A person conducting an inspection shall produce, on request, evidence of his or her authority to carry out an inspection.

Return of removed things

(4) An inspector who removes any document, record, material, substance or other thing from premises under subsection (2) shall promptly return them to the person being inspected.

Obligation to produce and assist

(5) A person who is required to produce a document, record or thing under clause (2) (b) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document or record in readable form.

Obstruction prohibited

(6) No person shall obstruct an inspector conducting an inspection or withhold from him or her or conceal or destroy any money, valuables, documents or records that are relevant to the inspection.

Use of force prohibited

(7) An inspector shall not use force to enter and inspect premises under this section.

Admissibility of copies

(8) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Inquiries concerning contravention of Act

68. The Ministry may make inquiries and gather information concerning any matter that comes to its attention that may be a contravention of this Act or the regulations.

Appointment of investigators

69. (1) The director may appoint persons to be investigators for the purposes of conducting investigations.

Certificate of appointment

(2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.

Production of certificate of appointment

(3) Every investigator who is exercising powers under section 70 shall, upon request, produce the certificate of appointment as an investigator.

Search warrant

70. (1) Upon application made without notice by an investigator appointed under this Act, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that,

(a) a person,

(i) has contravened or is contravening this Act or the regulations, or

(ii) has committed an offence that is relevant to the person's fitness to be licensed under this Act under the Criminal Code (Canada) or under the law of any jurisdiction; and

(b) there are in any building, dwelling, receptacle or place any money, valuables, documents, records or other things relating to a contravention of this Act or the regulations or to the person's fitness to be licensed under this Act.

Powers

(2) A warrant obtained under subsection (1) may authorize an investigator named in the warrant to, upon producing his or her appointment,

(a) enter premises, including a dwelling, specified in the warrant;

(b) examine money, valuables, documents, records and other things relevant to the investigation;

(c) require a person on the premises being investigated to produce a document, record or thing that is relevant to the investigation;

(d) upon giving a receipt therefore, remove, for the purpose of making copies or extracts, documents, records or things relevant to the investigation;

(e) use any data storage, processing or retrieval device or system used in carrying on business in order to produce a document or record in readable form;

(f) inquire into negotiations, transactions, loans or borrowings of a licensee and into assets owned, held in trust, acquired or disposed of by a licensee that are relevant to the investigation;

(g) conduct such tests as are reasonably necessary;

(h) remove materials or substances for examination or test purposes subject to the licensee, or other occupant of the premises, being notified thereof; and

(i) use any other investigative technique or procedure or do anything described in the warrant if information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.

Conditions on search warrant

(3) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

(4) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the investigator in respect of the execution of the warrant.

Powers

(5) For the purposes of this section, the investigator has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act.

Time of execution

(6) An entry under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

(7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by the investigator named in the warrant.

Use of force

(8) The investigator named in the warrant may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

(9) No person shall obstruct an investigator carrying out an investigation under this section or withhold from him or her or conceal, alter or destroy any money, valuables, documents, records or other things relevant to the investigation.

Obligation to produce and assist

(10) A person who is required to produce a document, record or thing under clause (2) (c) shall produce it and shall, on request by the investigator, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document or record in readable form.

Return of removed things

(11) An investigator who removes any document, record, material, substance or other thing from premises under subsection (2) shall return them within a reasonable time.

Admissibility

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Searches in exigent circumstances

71. (1) Although a warrant issued under section 70 would otherwise be required, an investigator may exercise any of the powers described in subsection 70 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling place.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Admissibility

(4) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

PART X
ENFORCEMENT

Freeze order

72. (1) If the conditions in subsection (2) are met, the director may in writing,

(a) order any person having on deposit or controlling any assets or trust funds of a licensee or former licensee to hold those funds or assets;

(b) order a licensee or former licensee to refrain from withdrawing any asset or trust fund from a person having it on deposit or controlling it; or

(c) order a licensee or former licensee to hold any asset or trust fund of a client, customer or other person in trust for the person entitled to it.

Conditions

(2) The director may make an order under subsection (1) if he or she believes that it is advisable for the protection of the clients or customers of a licensee or former licensee and,

(a) an investigation of the licensee or former licensee has been undertaken under this Act; or

(b) criminal proceedings or proceedings in relation to a contravention of any Act or regulation are about to be or have been instituted against the licensee or former licensee in connection with or arising out of the business in respect of which the licensee or former licensee is or was licensed.

Scope of order

(3) In the case of an asset or trust fund on deposit with or controlled by a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation or a Province of Ontario Savings Office, the order under subsection (1) applies only to the offices and branches named in the order.

Exception

(4) Subsection (1) does not apply if the licensee or former licensee files with the director, in such manner and amount as the director determines,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.

Term of order

(5) A person who has been ordered to hold assets or trust funds or to refrain from withdrawing assets or trust funds under subsection (1) shall continue to comply with the order until,

(a) the director consents to the release of the asset or trust fund or revokes the order under section 74;

(b) an order is made by a judge of the Superior Court of Justice under section 75; or

(c) the order made under subsection (1) is cancelled in whole or in part by the Tribunal under section 76.

Notice registered against land

73. (1) If an order is made under subsection 72 (1), the director may register in the appropriate land registry office a notice that an order under subsection 72 (1) has been issued and that the order may affect land belonging to the person referred to in the notice.

Effect of registration

(2) The registration of a notice under subsection (1) has the same effect as the registration of a certificate of pending litigation, except that the director may in writing revoke or modify the notice.

Release of assets

74. The director may consent to the release of any particular asset or trust fund from an order made under subsection 72 (1) or may wholly revoke the order.

Application to court

75. (1) If an order is made under subsection 72 (1), an application may be made to a judge of the Superior Court of Justice for a determination in respect of the disposition of any asset or trust fund,

(a) by the director;

(b) by a person who controls or has on deposit an asset or trust fund that is subject to the order; or

(c) by a person who claims an interest in any asset or trust fund that is subject to the order.

Same

(2) If notice of an order has been registered in a land registry office under subsection 73 (1), the director may apply to the Superior Court of Justice for a determination in respect of the disposition of any land affected by the registration of the notice.

Notice not required

(3) An application by the director under subsection (1) or (2) may be made without notice.

Order

(4) A judge who receives an application under subsection (1) or (2) may give directions or make an order as to the disposition of assets, trust funds or land affected by the order or notice.

Appeal to Tribunal

76. (1) A licensee or former licensee in respect of whom an order has been made under subsection 72 (1) or any person having an interest in land in respect of which a notice is registered under subsection 73 (1) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.

Disposition by Tribunal

(2) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part if it finds,

(a) that the order or registration is not required in whole or in part for the protection of clients or customers of the applicant or of other persons having an interest in the land; or

(b) that the interests of other persons are unduly prejudiced by the order or registration.

Parties

(3) The applicant, the director and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal.

Appointment of receiver and manager

77. (1) The director may apply to the Superior Court of Justice for the appointment of a receiver and manager to take possession and control of the business of an operator if,

(a) an investigation of the licensee has been undertaken under this Act;

(b) the director has made or is about to make an order under section 72;

(c) the director has reasonable grounds to believe that a licensee has failed or is about to fail to provide contracted and paid for supplies or services to a customer; or

(d) the director is advised that the registrar has proposed to suspend or revoke a licence under section 17 or to temporarily suspend a licence under section 19.

Order to appoint

(2) The court may make an order for the appointment of a receiver and manager if it is satisfied that it is in the public interest to have a receiver and manager take control of an operator's business.

Notice

(3) The court may make an order under subsection (2) without notice, or if it considers that notice should be given, upon such notice as the court stipulates.

Appointment not longer than 60 days

(4) The order of the court shall provide for the term of the receiver and manager but the term shall not be longer than 60 days.

60-day extensions

(5) Despite subsection (4), the director may, without notice, apply to the court to extend the receiver and manager's term for further terms of not more than 60 days each.

Duties of receiver and manager

(6) The receiver and manager shall,

(a) take possession and control of the assets of the operator's business;

(b) conduct the operator's business; and

(c) take such steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.

Powers of receiver and manager

(7) The receiver and manager has all the powers of the board of directors of the corporation, if the operator is a corporation, or of a sole proprietor or all partners if the operator is not a corporation.

May exclude directors, etc.

(8) Without limiting the generality of subsection (7), the receiver and manager may exclude the directors, officers, employees and agents of the business, interested persons in respect of the business and any other persons connected with the business from the premises and property of the business.

Interested persons

(9) Subsection 14 (3) applies to this section except that the opinion as to whether a person is deemed to be interested in respect of another person is that of the receiver and manager.

Restraining orders

78. (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit.

Same

(2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures.

Appeal

(3) An appeal lies to the Divisional Court from an order made under subsection (1).

Offence

79. (1) A person is guilty of an offence who,

(a) furnishes false information in any application under this Act or in any statement or return required under this Act;

(b) fails to comply with any order, other than an order issued under section 64, direction or other requirement under this Act; or

(c) contravenes or fails to comply with any section of this Act or the regulations, other than a code of ethics established by the Minister under section 112.

Corporations

(2) An officer or director of a corporation is guilty of an offence who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).

Penalties

(3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.

Limitation

(4) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director.

Orders for compensation, restitution

80. (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.

Where insurance has paid

(2) If an order is made in a person's favour under subsection (1) and that person has already received compensation or restitution from an insurer, the person ordered to pay the compensation or make restitution shall deliver the amount to the insurer.

Disclosure of default in payment of fine

81. (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.

Where payment made

(2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the consumer reporting agency of the payment.

Transition

(3) Despite the repeal of section 79 of the Cemeteries Act (Revised) and of section 45 of the Board of Funeral Services Act, if a fine is payable as a result of a conviction under one of those sections, the director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such a fine in like manner as they apply to a fine payable for a conviction under this Act.

Liens and charges

82. (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine.

Liens on personal property

(2) If the lien created by the director under subsection (1) relates to personal property,

(a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

(b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

(c) the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.

Liens and charges on real property

(3) If the lien created by the director under subsection (1) relates to real property, the director may register the lien against the property of the person liable to pay the fine in the proper land registry office and, on registration, the obligation under the lien becomes a charge on the property.

Initiation of sale proceedings prohibited

(4) The director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).

Proceeds of sale

(5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the director shall ensure that the funds he or she receives as a result of the sale are used to pay the fine.

Discharge of lien

(6) Within 10 days after the director has knowledge of the payment in full of the fine, the director shall,

(a) discharge the registration of any financing statement registered under clause (2) (c); and

(b) register a discharge of a charge created on registration of a lien under subsection (3).

PART XI
SPECIAL PROVISIONS
RE: CEMETERIES, CREMATORIUMS
AND BURIAL SITES

Establishment of Cemetery or Crematorium

Conditions to establishment, etc.

83. No person shall establish, alter or increase the capacity of a cemetery or crematorium unless,

(a) the person has obtained the approval of,

(i) in the case of a cemetery or crematorium that is situated in a municipality or that is proposed to be established in or extended to a municipality, the municipality, or

(ii) in the case of a cemetery or crematorium that is situated on Crown lands in unorganized territory or that is proposed to be established on, or enlarged to encroach on, Crown lands in unorganized territory, the Minister of Natural Resources; and

(b) after having obtained an approval under clause (a), where appropriate, the person has obtained the consent of the registrar.

Municipal approval

84. (1) A municipality that receives a request for an approval to establish, alter or increase a cemetery or crematorium in the municipality, shall grant the approval if, in the municipality's opinion, it is in the public interest.

Public hearing

(2) A municipality may hold a public hearing to determine if the approval is in the public interest.

Timing of decision

(3) A municipality shall give or refuse its approval within a reasonable time after receiving a request for an approval.

Notice of decision

(4) Upon deciding to approve or refuse a request for an approval, a municipality shall,

(a) send a copy of the decision together with the reasons for it to the registrar and to the person making the request; and

(b) publish notice of the decision in a local newspaper.

Appeal to O.M.B.

85. (1) The applicant, registrar or any person with an interest therein may appeal the decision of a municipality under section 84 to the Ontario Municipal Board within,

(a) 15 days after the day of publication in a local newspaper; or

(b) if the appeal is brought by the applicant or registrar and that person receives a copy of the municipality's decision after the day it was published in a local newspaper, 15 days after the day the applicant or registrar, as the case may be, receives a copy of the decision.

Hearing

(2) The Ontario Municipal Board shall hold a hearing and the registrar is entitled to make representations at any such hearing.

Decision

(3) The Ontario Municipal Board may reverse the decision appealed from and substitute its own decision which is final.

Registrar's consent

86. (1) Upon application made by a person described in subsection (2), the registrar shall consent to the establishment, alteration or increase in the capacity of a cemetery or crematorium if the applicant,

(a) pays the fee required under section 108;

(b) submits the prescribed documents showing the layout of the cemetery and the location of existing or proposed plots, lots, scattering grounds, structures and fixtures;

(c) pays a deposit in a prescribed amount into a care and maintenance fund;

(d) is licensed to operate the cemetery or crematorium and is, and will be upon granting the consent, in compliance with the requirements of this Act and the regulations and the laws intended for the protection of the environment and of health; and

(e) where applicable, has received the approval of a municipality or of the Minister of Natural Resources.

Applicant

(2) An application under subsection (1) shall be made by,

(a) if the application relates to the establishment of a cemetery, the owner of the land on which the cemetery is to be established;

(b) if the application relates to an alteration or an increase in the capacity of a cemetery, the owner of the cemetery; or

(c) if the application relates to the establishment of a crematorium or an alteration or an increase in the capacity of a crematorium, the prescribed person.

Same

(3) Despite subsection (1), in the case of an application to establish, alter or increase the capacity of a cemetery or crematorium in a municipality, the registrar shall not consent to the establishment, alteration or increase unless notice of the municipality's decision to grant its approval has been published in accordance with clause 84 (4) (b).

Same

(4) If an applicant proposes to establish, alter or increase the capacity of a cemetery or crematorium on land that is situated in unorganized territory, but not on Crown land, the registrar shall consent to the application only if he or she is satisfied that the consent is in the public interest.

Certificate of consent

(5) If the registrar consents to the establishment, alteration or increase in the capacity of a cemetery or crematorium, the registrar shall give the applicant a certificate of consent.

Same, cemeteries

(6) A certificate of consent issued with respect to a cemetery shall contain a sufficient description of the cemetery so that it may be registered in the appropriate land registry office.

Registration of consent

(7) Upon registration in a land registry office of a certificate of consent issued with respect to a cemetery, the land described in the certificate becomes a cemetery.

Notice of refusal to consent

(8) The registrar, on refusing to consent to an application under this section, shall advise the applicant in writing of,

(a) the reasons for the refusal; and

(b) the applicant's right to appeal.

Appeal to Tribunal

87. (1) An applicant who receives a notice of the registrar's refusal to consent to an application under subsection 86 (8) may appeal to the Tribunal within 15 days after receiving the notice.

Order by Tribunal

(2) If the Tribunal finds that the applicant is in compliance with subsection 86 (1) and, where applicable, that giving the consent is in the public interest, the Tribunal shall order the registrar to issue a certificate of consent with the description of cemetery lands as set out in the application for consent or with such modifications to the description as the Tribunal may consider necessary.

Compliance by registrar

(3) Upon receiving an order under subsection (2), the registrar shall issue the certificate as ordered.

Closing Cemetery

Cemetery closing

88. (1) The registrar may order a cemetery to be closed in accordance with this section.

Notice of proposed closing required

(2) An order shall not be made under subsection (1) until the cemetery owner or such other person as may be prescribed has given notice of the intention to close the cemetery to the prescribed persons in the prescribed manner.

Exception

(3) The registrar is not required to give notice under subsection (2) if,

(a) the closing of the cemetery is being ordered at the request of the cemetery owner;

(b) no interments have been made in the cemetery to be closed; and

(c) the consent of all affected interment rights holders has been obtained.

Content of notice

(4) A notice under subsection (2) shall inform the person receiving the notice of the proposed closing and of the person's right to make a submission to the registrar in accordance with subsection (5).

Submissions

(5) A person who receives notice of a cemetery closure or any other interested person may make submissions relating to the proposed closure within such time as is prescribed.

Public interest test

(6) After the time for making submissions has elapsed and after considering any submissions that are made, the registrar may order the cemetery to be closed if the registrar believes that the closing is in the public interest.

Order

(7) In an order to close a cemetery, the registrar shall,

(a) declare that the cemetery is to be closed and that no other interments or scattering of cremated human remains shall be carried out in the cemetery; and

(b) order the cemetery owner or such other person as is named in the order to,

(i) disinter all human remains in the cemetery in the manner specified in the order and either reinter the remains in the place and in the manner specified in the order or deal with the remains in such other manner as may be specified in the order,

(ii) remove any markers and relocate them to a specified place, and

(iii) provide or acquire equivalent interment rights for all holders of interment rights with respect to unused lots in the cemetery and to provide equivalent scattering rights in another cemetery for all holders of scattering rights.

Notice of order

(8) The registrar shall give notice of an order to close a cemetery to every person who made a submission under subsection (5) and advise the person of their right of appeal under section 89.

Effective date of order

(9) Unless there is an appeal of the order under section 89, an order to close a cemetery takes effect on the later of,

(a) the day that is 30 days after the day the order is made;

(b) 30 days after the last day on which notice was given to a person under subsection (8); or

(c) the day set out in the order.

Effect of order

(10) Once an order to close an cemetery under this section takes effect, no interments of human remains shall be carried out in the cemetery.

Order for partial closing

(11) The registrar may make an order to close a part of a cemetery under this section and subsections (1) to (10) apply with necessary modifications to such an order as though it were an order to close the whole cemetery.

Appeal

89. (1) An appeal of an order to close a cemetery or a part of a cemetery may be made to the Tribunal by a person who receives notice of the order or by any other person with an interest in the matter at any time before the day the order takes effect under subsection 88 (9).

Same

(2) If a person requested that the registrar close a cemetery or a part of a cemetery and the registrar refused the order, a person with an interest therein may appeal to the Tribunal a refusal to order a cemetery closed.

Certificate of closing, cemeteries

90. (1) The registrar shall issue a certificate certifying that a cemetery or a part of a cemetery is closed if satisfied that all things that were required to be done under subsection 88 (7) have been carried out.

Description of land

(2) A certificate of closing shall include a legal description of the land involved.

Registration

(3) A certificate of closing may be registered in the appropriate land registry office.

Effect of registration

(4) The certificate of closing is conclusive evidence that all the human remains that had been interred in the cemetery have been disinterred and reinterred elsewhere and that all interment rights with respect to the land have been settled and, upon registration of the certificate of closing, the land described therein ceases to be a cemetery.

Transition

(5) If a certificate certifying that a cemetery is closed was issued under a predecessor Act that related to cemeteries but was not registered in the land registry office, a person may apply to the registrar for a new certificate under this section and the registrar shall issue the certificate upon being satisfied that the previous certificate had in fact been issued.

Application

(6) Subsections (2), (3) and (4) apply with necessary modifications to a certificate issued under subsection (5).

Maintenance fund

91. (1) If a cemetery is ordered to be closed and the human remains interred in the cemetery are to be reinterred in another cemetery and the interment rights holders and scattering rights holders of the cemetery are to be given equivalent rights in another cemetery, the registrar shall direct the trustee of the care and maintenance fund of the cemetery that is to be closed to transfer the money in the fund to the trustee of the care and maintenance fund of the other cemetery.

Same

(2) The amount transferred under subsection (1) is a credit against the amount required to be paid into the fund by the operator of the cemetery into which the human remains from the closed cemetery are to be reinterred and at which the transferred interment rights and scattering rights are to be exercised.

Other trust money

92. If a cemetery is ordered to be closed and the interment rights holders and scattering rights holders of the cemetery are to be given equivalent rights in another cemetery, the registrar shall direct that any money held in trust by or on behalf of the operator of the cemetery that is to be closed in order to ensure the provision of the interment rights or scattering rights be transferred to the operator of the other cemetery and held in trust to ensure the provision of the interment rights and scattering rights in that cemetery.

Appeal to Tribunal

93. (1) If an appeal is made to the Tribunal under section 87 or 89, the Tribunal shall appoint a time for and hold a hearing.

Order

(2) After holding a hearing, the Tribunal may,

(a) in the case of an appeal under section 87 make such order as may be made in accordance with subsection 87 (2); or

(b) in the case of an appeal under section 89, by order direct the registrar to order the closing of the cemetery or a part of the cemetery or not to do so or to take such action as the Tribunal considers that the registrar ought to take and for such purposes the Tribunal may substitute its opinion for that of the registrar.

Conditions

(3) The Tribunal may attach such conditions to its order or to the licence as it considers necessary.

Parties

(4) The registrar, the cemetery operator, the appellant and such other person as the Tribunal may specify are parties to the appeal.

Burial Sites

Disturbing burial site prohibited

94. No person shall disturb or order the disturbance of a burial site or artifacts associated with the human remains except,

(a) on instruction by the coroner; or

(b) pursuant to a site disposition agreement.

Unmarked burial sites

95. Any person discovering or having knowledge of a burial site shall immediately notify the police or coroner.

Investigation into origins of site

96. (1) The registrar may order the owner of land on which a burial site is discovered to cause an investigation to be made to determine the origin of the site.

Non-application

(2) Section 94 does not apply to a person investigating the nature or origin of the site who is disturbing the site in the course of the investigation.

Minimal disturbance

(3) A person conducting an investigation shall do so with the minimum disturbance to the site that is reasonable in the circumstances.

Where registrar investigates

(4) If the registrar is of the opinion that an investigation under subsection (1) would impose an undue financial burden on the land owner, the registrar shall undertake the investigation.

Declaration

97. (1) As soon as the origin of a burial site is determined, the registrar shall declare the site to be,

(a) an unapproved aboriginal peoples cemetery;

(b) an unapproved cemetery; or

(c) an irregular burial site.

Interpretation, irregular burial site

(2) An irregular burial site is a burial site that was not set aside with the apparent intention of interring therein human remains.

Same, unapproved cemetery

(3) An unapproved cemetery is land set aside with the apparent intention of interring therein, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were not one of the aboriginal peoples of Canada.

Same, unapproved aboriginal peoples cemetery

(4) An unapproved aboriginal peoples cemetery is land set aside with the apparent intention of interring therein, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were one of the aboriginal peoples of Canada.

Definition

(5) For the purposes of this section and section 98,

"unapproved" means not approved in accordance with this Act or a predecessor of this Act that related to cemeteries.

Site disposition agreement

98. (1) The registrar, on declaring a burial site to be an unapproved aboriginal peoples cemetery or an unapproved cemetery, shall serve notice of the declaration on such persons or class of persons as are prescribed.

Negotiations

(2) All persons served with notice under subsection (1) shall enter into negotiations with a view of entering into a site disposition agreement.

Arbitration

(3) If a site disposition agreement is not made within the prescribed time, the registrar shall refer the matter to arbitration.

Deferring arbitration

(4) Despite subsection (3), the registrar, if of the opinion that an agreement may be reached, may defer referring the matter to arbitration so long as there appears to be a reasonable prospect of an agreement being reached.

Arbitrated settlement

99. The persons named in an arbitrated settlement who have been given the opportunity to fully participate in the arbitration process are bound by the settlement whether they chose to participate or not.

Irregular burial site

100. (1) An owner of land that contains an irregular burial site shall ensure that the remains found in the site are interred in a cemetery.

Charges

(2) No owner of a cemetery interring human remains for an owner of land to whom this section applies may charge more than the prescribed amount for the interment.

War Graves

Removal, etc., of war graves

101. (1) No person shall alter or move the remains or marker of a Canadian or Allied veteran or a Commonwealth War Burial without the agreement of the Department of Veterans Affairs (Federal), the Commonwealth War Graves Commission or such other persons and associations as are prescribed.

Application

(2) Subsection (1) applies with respect to the alteration or removal of the remains or a marker of a Canadian or Allied veteran only if the Department of Veterans Affairs (Federal) contributed to the cost of the interment.

Application for direction

(3) If an agreement is not reached, the person who wants to make the alteration or move may apply to the registrar for directions.

Notice

(4) When an application is made under subsection (3), the registrar shall instruct the applicant to give notice of the application to such persons and associations as the registrar considers may have an interest in the matter.

Submissions

(5) All persons and associations receiving a notice under subsection (4) may make submissions on the matter to the registrar in such form and manner as the registrar instructs.

Direction

(6) After considering all submissions made, the registrar shall direct the applicant on the manner of dealing with the remains or marker in question.

Non-application

(7) Subsection (1) does not apply to a person altering or moving remains or markers in accordance with the direction of the registrar.

General

Prohibition: interfering with cemetery

102. No person shall cause or commit a nuisance in a cemetery or willfully and unlawfully disturb persons assembled for the purpose of interring human remains in a cemetery.

Liability

103. (1) Any person who, in a cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the cemetery operator and any interment rights holder who, as a result, incurs damage.

Same

(2) In any action under subsection (1), the amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.

Same

(3) Any person collecting damages under this section shall use the full amount collected to restore the cemetery.

Municipal power to expropriate

104. (1) A municipality may expropriate,

(a) a cemetery or part of a cemetery, whether the cemetery exists within or outside the municipality; or

(b) land on which to establish or enlarge a cemetery.

By-laws

(2) A council of a municipality may pass by-laws authorizing,

(a) the purchase of a cemetery or part thereof that is situated within the municipality;

(b) the acquisition of land within the municipality or in an adjacent township or unorganized territory for a cemetery or for the enlargement of an existing cemetery owned by the municipality; or

(c) the sale, transfer or lease of a cemetery or part of a cemetery.

Act prevails

105. This Act prevails over Part VI of the Ontario Heritage Act.

PART XII
MISCELLANEOUS

Matters confidential

106. (1) Every person exercising any power or carrying out any duties related to the administration of this Act and the regulations shall preserve secrecy with respect to all matters that come to his, her or its knowledge in the course of exercising those powers or carrying out those duties and shall not communicate any such matters to any person except,

(a) as may be required in connection with the administration of this Act and the regulations, including any proceedings under this Act;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) to a prescribed entity or organization if the purpose for the communication is consumer protection;

(d) to a law enforcement agency;

(e) to his or her counsel; or

(f) with the consent of the person to whom the matter relates.

Testimony

(2) No person to whom subsection (1) applies shall be required to give testimony in any civil proceeding with regard to information obtained in the course of his or her duties under this Act except in a proceeding under this Act.

Service

107. (1) Any notice, order or request is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent by another manner if the sender can prove receipt of the notice, order or request.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice, order or request until a later date.

Exception

(3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.

Fees

108. (1) The Minister may by order establish fees that are payable under this Act in respect of the issuing or renewal of a licence, late filings and other administrative matters.

Non-application of the Regulations Act

(2) An order made under this section is not a regulation for the purposes of the Regulations Act.

Certificate as evidence

109. (1) For all purposes in any proceeding, a statement purporting to be certified by the director is, without proof of the office or signature of the director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to,

(a) the issuing of a licence to any person or the refusal to issue a licence to any person;

(b) the filing or non-filing of any document or material required or permitted to be filed with the registrar;

(c) the time when the facts upon which the proceedings are based first came to the knowledge of the director; or

(d) any other matter pertaining to licensing of any person or the refusal to license any person or to filing or non-filing of information.

Proof of document

(2) Any document made under this Act that purports to be signed by the director or a certified copy of the document is admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, that the document is signed by the director without proof of the office or signature of the director.

Names of and information concerning licensees

110. (1) As required by regulation, the registrar shall make available to the public the names of licensees and other information, as prescribed, in respect of licensees.

Same

(2) The names of licensees shall be made available in the prescribed form and manner and with such information as is prescribed.

Information provided

111. A licensee shall provide the registrar with such information as may be requested.

PART XIII
REGULATIONS

Minister's regulations

112. (1) The Minister may make regulations,

(a) establishing one or more codes of ethics for the purposes of section 62 and determining to which licensees or classes of licensees each code of ethics applies;

(b) governing the jurisdiction and procedures of any committee established under this Act;

(c) respecting any matters that may be delegated by the Lieutenant Governor in Council under section 113.

Delegation

(2) If one or more administrative authorities are designated under the Safety and Consumer Statutes Administration Act, 1996 for the purposes of administrating this Act, then despite subsection 3 (4) of that Act, the Minister may, in writing, delegate to the board of a designated administrative authority the power to make some or all of the regulations under this section, subject to the approval of the Minister.

Approval

(3) The Minister may approve or refuse to approve the regulations but approval shall not be given unless, in his or her opinion, they have been made in accordance with the consultation process and criteria set out in the administrative agreement described in subsection 4 (1) of the Safety and Consumer Statutes Administration Act, 1996.

Revocation, transition

(4) The Minister may, in writing, revoke the delegation under subsection (2), but the revocation does not result in the revocation of the regulations, which remain valid and may be amended or revoked by the Minister.

Conflicts

(5) If there is a conflict between a regulation made under clause (1) (c) and a regulation made by the Lieutenant Governor in Council under section 113, the latter prevails.

General or particular

(6) A regulation under this section may be general or particular in its application.

Lieutenant Governor in Council regulations

113. (1) The Lieutenant Governor in Council may make regulations,

1. prescribing classes of licences for the purposes of this Act and conditions that apply to each class;

2. governing applications for licences and for their renewal;

3. prescribing the conditions of a licence;

4. governing the educational requirements for the issuing or renewal of any licence, including a licence to practise as a funeral director, and designating entities authorized to develop educational requirements and programs;

5. prohibiting activities, other than those for which a licence is already required in this Act, that relate to, or occur in the course of operating a cemetery, crematorium, funeral establishment, transfer service, casket or marker retailing business or a related business and,

i. requiring persons to be licensed to carry out the activity,

ii. governing provisions of this Act and the regulations that apply with respect to persons who are issued a licence referred to in subparagraph i;

6. prescribing a class of persons for the purposes of clause 8 (6) (b) and,

i. governing the requirements and qualifications for the issuing of a licence to such persons, including the educational requirements,

ii. prescribing conditions that attach to such licences, and

iii. prescribing sections of this Act and the regulations that apply to persons who are issued such licences;

7. prescribing practices or actions that are evidence of incompetence or lack of honesty and integrity for the purposes of clause 14 (1) (c);

8. prescribing the time within which a person may reapply for a licence under section 24 and providing that the time prescribed may be abridged if specified circumstances exist;

9. governing the administration and operation of licensed businesses;

10. governing duties of operators and other licensees;

11. governing the documents, records and information that must be kept by licensees, including the manner and location at which they are kept and authorizing the registrar to specify the location at which they must be kept;

12. prescribing documents, records or information that must be provided to the registrar, respecting the time and manner in which they must be provided and requiring that specified information be verified by affidavit;

13. prescribing information to be provided to the public, any person or any class of persons and prescribing the manner of providing that information;

14. governing the keeping of books and records by licensees, including prescribing the types and classes of information to be retained by licensees and time periods for retaining types and classes of information;

15. prescribing the information that licensees must disclose to a customer concerning a sale of licensed supplies or services and the time or times when disclosures must be made;

16. requiring licensees to provide proof of their licence to customers and prescribing the nature of the proof and the manner in which it is to be provided;

17. governing advertising and representations or promises intended to induce the purchase, sale or exchange of licensed supplies and services;

18. providing for the posting of bonds and prescribing amounts thereof;

19. providing for the forfeiture of posted bonds and for the distribution of the proceeds of forfeited bonds;

20. governing contracts for the sale of licensed supplies or services and respecting the terms and conditions of any contract or class of contract and prohibiting prescribed practices in relation to any contract or class of contract;

21. governing remedies for failure to meet prescribed conditions of contracts for the sale of licensed supplies and services and governing remedies available to a purchaser if a licensee fails to disclose prescribed information or fails to disclose it in a timely fashion;

22. governing price lists of licensed supplies and services that an operator is required to maintain under section 33, respecting the type of supplies and services that must be included on the list and the manner in which and times at which the price list must be made available to the public;

23. governing the obligations of a purchaser who cancels a contract for the purchase of licensed supplies and services with respect to supplies that were delivered before cancellation and prescribing the circumstances in which the purchaser must make the supplies available for repossession by the operator or return the supplies to the operator;

24. respecting what constitutes supplies that are customized to the purchaser's specifications for the purposes of subsection 44 (6) and governing the determination of the amount of a refund to which a purchaser is entitled under subsection 44 (6);

25. prescribing amounts for the purposes of subsection 47 (6) and prescribing different amounts in respect of different classes of contracts;

26. governing the establishment, maintenance and operation of trust accounts and trust funds that a licensee is required to maintain under section 51;

27. governing the payment of money into and out of trust accounts and trust funds, including the time within which and the circumstances under which payments are to be made;

28. governing the disbursements of capital gains realized from the investments of money held in trust under this Act;

29. prescribing records and information on trust accounts and trust funds to be provided to purchasers of licensed supplies and services;

30. prescribing fees that may be retained by trustees in respect of any type of trust fund;

31. governing a compensation fund scheme for the purposes of this Act, establishing one or more compensation funds and determining which licensees or classes of licensees shall be participants in each compensation fund;

32. providing for the payment of contributions to any compensation fund established by regulation, requiring licensees or classes of licensees to contribute to specified funds and prescribing the amounts and timing of the contributions;

33. respecting the maintenance of any compensation fund established by regulation, establishing a committee or board to administer each fund, providing for the selection or appointment of members of the committee or board and of its chair, respecting the powers and duties of the members, the operation of the committee or board and procedures before the committee or board;

34. requiring that a compensation fund be kept in trust and respecting the selection of the trustee of the fund;

35. governing the investing of compensation fund money;

36. governing payments out of a compensation fund and providing for appeals from a refusal to pay out of a compensation fund;

37. governing procedures and obligations if a participant is in default in making a payment to a compensation fund;

38. respecting the removal of an operator as a participant in a compensation fund and the obligations of operators on ceasing to be participants in a compensation fund;

39. respecting the borrowing of money to supplement a compensation fund;

40. governing the procedures to be followed in cases of over-capitalization of a compensation fund;

41. requiring licensees to maintain business premises that comply with prescribed rules;

42. governing the establishment of one or more discipline committees and appeals committees for the purpose of enforcing the codes of ethics established by the Minister under section 112 against licensees or classes of licensees, respecting the appointment of members of those committees and the composition of the committees;

43. governing procedures in relation to matters brought before a discipline or appeals committee;

44. respecting the manner in which and the frequency with which decisions of the discipline committee and appeals committee are made available to the public;

45. governing complaints under section 66, including procedures relating to those complaints;

46. respecting inspections, inquiries and investigations under this Act;

47. varying the manner in which a notice under section 73 or a lien under subsection 82 (3) is registered in order to provide for registration that is suitable to technological or electronic changes in the filing of documents in the land registry office;

48. governing the maintenance of registers of persons who are licensed under this Act, prescribing the form and content of such registers and governing its circulation and inspection by the public or others;

49. governing standards of practice and operation for licensees;

50. prescribing rules relating to addresses for service under the Act;

51. governing procedures for hearings held by the Tribunal and providing for the responsibility for the payment of witness fees and expenses at proceedings before the Tribunal and prescribing the amounts of the fees and expenses;

52. requiring that any information required under this Act be in a form approved by the director, the registrar or the Minister, as specified in the regulations;

53. governing the sale of insurance policies or products in relation to the sale of licensed supplies and services;

54. exempting any person, class of person or class of licensee from any provision of this Act or the regulations and attaching conditions to the exemption;

55. delegating any matter that may be the subject of a regulation under this subsection, subsection (2) or (3) to the Minister;

56. providing for any transitional matter necessary for the effective implementation of this Act or the regulations;

57. prescribing any matter or thing that may be or is required to be prescribed in this Act and respecting any matter that is required by this Act to be done in accordance with the regulations;

58. governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act.

Same, cemeteries

(2) The Lieutenant Governor in Council may make regulations in respect of cemeteries, including regulations,

1. prescribing classes of cemeteries;

2. governing the administration, operation, care and maintenance of cemeteries;

3. prohibiting operators from charging interment rights holders and scattering rights holders for the costs associated with the maintenance of the cemetery except in such circumstances as may be prescribed;

4. governing cemetery by-laws including,

i. respecting the procedure for making and revoking by-laws by operators,

ii. prescribing by-laws that apply to cemeteries or classes of cemeteries,

iii. requiring that cemetery by-laws be approved by the registrar and providing for an appeal process if the approval is denied, and

iv. prescribing the criteria that the registrar shall use in approving by-laws;

5. respecting the standards of care that apply to the care and maintenance of a cemetery and in the provision of cemetery supplies and services and requiring cemetery operators to comply with the standards;

6. permitting such persons as may be prescribed to scatter cremated human remains at a place other than at a scattering ground for the purposes of subsection 4 (4) and prescribing the circumstances under which, the place at which and the manner in which the scattering shall be carried out;

7. respecting the circumstances in which a cemetery owner shall be deemed to be a cemetery operator under subsection 5 (2), prescribing such circumstances, respecting the length of time for which an owner may be deemed to be the cemetery operator and the conditions under which the owner ceases to be deemed to be the cemetery operator;

8. governing neglected cemeteries, requiring operators of neglected cemeteries to comply with the prescribed standards, allowing municipalities to require the operators to comply with the standards or to perform the necessary repairs and maintenance and be reimbursed by the operator;

9. governing applications to declare cemeteries abandoned, respecting the procedures that govern such applications, prescribing the circumstances under which a cemetery may be declared abandoned and respecting the effect of such a declaration;

10. governing the interment, disinterment, disposition and removal of human remains;

11. governing the preparation of disinterred human remains for transportation including prescribing the design and material of container to be used;

12. prescribing standards for the construction, installation, stabilization, repair, removal and preservation of markers and other cemetery supplies and requiring compliance with the standards;

13. prescribing requirements and standards for the placing and spacing of interments, markers, fixtures, fences or other structures in a cemetery;

14. prescribing the minimum depth of coverage for in-ground burials;

15. prescribing the drains, sewers and other structures for the flow of water required in a cemetery;

16. governing mausoleums, columbariums and other structures on or in a cemetery and establishing construction standards;

17. prescribing the form of certificates of interment rights, the use of such certificates and the information to be included in the certificates;

18. governing the uses to which cemetery operators may apply income from care and maintenance funds;

19. governing mortgages, encumbrances and charges on land on which a cemetery is located and restricting the cemetery operator's ability to borrow money against such land;

20. requiring cemetery operators to inter the remains of specified persons at the request of a welfare administrator and respecting the payment for such interments;

21. defining "welfare administrator" for the purposes of a regulation made under paragraph 20;

22. defining "deficiency" for the purposes of section 54 and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

23. governing the decision made by the registrar under section 54 as to whether to cancel, reduce or refund all or part of the taxes assessed or levied against the eligible land or as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund;

24. prescribing procedures to be followed in dealing with burial sites and requiring that they be followed;

25. governing arbitration in the absence of a site disposition agreement and requiring compliance with prescribed procedures;

26. prescribing the subject-matters to be contained in a site disposition agreement or arbitration settlement and requiring their inclusion;

27. prescribing the classes of persons to whom notice is required to be given in respect of a declaration regarding a burial site under section 98;

28. prescribing the time within which a site disposition agreement must be made under section 98;

29. prescribing the maximum amount that a cemetery owner or operator may charge in respect of interment of human remains removed from an irregular burial site under section 100.

Same, crematoriums

(3) The Lieutenant Governor in Council may make regulations in respect of crematoriums, including regulations,

1. prescribing classes of crematoriums;

2. governing the administration and operation of crematoriums;

3. governing crematorium by-laws including,

i. respecting the procedure for making and revoking by-laws by operators,

ii. prescribing by-laws that apply to crematoriums or classes of crematoriums,

iii. requiring that crematorium by-laws be approved by the registrar, and

iv. prescribing the criteria that the registrar shall use in approving by-laws;

4. respecting the standards of care that apply in the provision of crematorium supplies and services and requiring crematorium operators to comply with the standards;

5. governing the manner of conducting cremations and dealing with cremated remains and prescribing conditions for performing cremations;

6. permitting crematorium operators to require deposits in order to pay for disposing of cremated human remains if they are not claimed, prescribing the amount of the deposit or method of determining the amount, respecting the handling of the trust money and the conditions for the return or forfeiture of the deposit;

7. governing mortgages, encumbrances and charges on land on which a crematorium is located and restricting the crematorium operator's ability to borrow money against such land;

8. requiring crematorium operators to cremate the remains of specified persons at the request of a welfare administrator, respecting the payment for such cremations;

9. defining "welfare administrator" for the purposes of a regulation made under paragraph 8.

Same, funeral establishments

(4) The Lieutenant Governor in Council may make regulations in respect of funeral establishments, including regulations,

1. authorizing persons, other than funeral directors, to perform specified acts relating to the providing of funeral services under the supervision or direction of a funeral director;

2. governing the administration and operation of funeral establishments;

3. respecting the methods and materials that may be used in providing funeral services;

4. governing the construction, location, equipment, maintenance, repairs, additions and alterations to funeral establishments and governing the information, plans and materials to be furnished to the registrar with respect thereto;

5. governing the equipment and practices, including hygienic practices, with respect to the embalming, transportation, preparation and disposal of human remains;

6. regulating, controlling and prohibiting the use of terms, titles or designations by licensees;

7. governing the availability and display of services and supplies to which this Act applies;

8. prescribing specifications and minimum requirements for services and supplies to be offered, performed or supplied by a licensee;

9. prescribing circumstances under which a funeral director may manage or supervise the operation of more than one funeral establishment.

Residual authority to act

(5) Despite any delegation to the Minister under this section and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation.

Revocation, transition

(6) The Lieutenant Governor in Council may, in writing, revoke a delegation to the Minister under this section, but the revocation shall not result in the revocation of any regulation made by the Minister under the delegation and the regulation remains valid and may be amended or revoked by regulation made by the Lieutenant Governor in Council.

Making regulation not a revocation

(7) The making of a regulation to which subsection (5) applies by the Lieutenant Governor in Council shall not constitute the revocation of a delegation to the Minister unless the regulation specifies that the delegation is revoked.

Classes

(8) A regulation may create different classes of persons, businesses, contracts, accounts or funds and may establish different entitlements for or relating to each class or impose different requirements, conditions or restrictions on or relation to each class.

General or particular

(9) A regulation under this section may be general or particular in its application.

PART XIV
REPEALS, AMENDMENTS
AND TRANSITION

Cemeteries Act (Revised)

114. The Cemeteries Act (Revised), as amended by the Statutes of Ontario, 1994, chapter 11, section 382, 1994, chapter 27, section 74, 1996, chapter 19, section 18, 1998, chapter 18, Schedule B, section 2, 1999, chapter 12, Schedule G, section 15, 2001, chapter 9, Schedule D, sections 13 and 14 and 2002, chapter 8, Schedule I, section 4, is repealed.

Funeral, Burial and
Cremation Services
Act, 2002

115. (1) This section applies only if Bill 180 (Consumer Protection Statute Law Amendment Act, 2002) receives Royal Assent.

(2) References in this section to provisions of Bill 180 are references to those provisions as they were numbered in the first reading version of the Bill.

(3) On the later of the day subsection 77 (1) of this Act comes into force and the day section 10 of Schedule E to Bill 180 comes into force, subsection 77 (1) of this Act is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following clause:

(e) the director is advised that an investigation under section 5.1 of the Ministry of Consumer and Business Services Act has been ordered.

Funeral Directors
and Establishments Act

116. (1) The definition of "beneficiary" in section 1 of the Funeral Directors and Establishments Act is repealed.

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, 2001, chapter 9, Schedule D, section 7 and 2002, chapter 8, Schedule I, section 12, is amended by adding the following definition:

"casket" means a container intended to hold a dead human body for interment purposes; ("cercueil")

(3) The following definitions in section 1 of the Act are repealed:

1. The definitions of "cemetery" and "contract".

2. The definition of "depository", as amended by the Statutes of Ontario, 2002, chapter 8, Schedule I, section 12.

3. The definition of "Director", as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7.

4. The definitions of "disbursements", "embalming", equity share" and "funeral".

(4) The definitions of "funeral director", "funeral establishment" and "funeral services" in section 1 of the Act are repealed and the following substituted:

"funeral director" means an individual licensed as a funeral director under subsection 8 (2) of the Funeral, Burial and Cremation Services Act, 2002; ("directeur de funérailles")

"funeral establishment" means premises established for the purpose of providing funeral services and includes premises established for the purpose of temporarily placing dead human bodies so that persons may attend and pay their respects; ("résidence funéraire")

"funeral services" means the care and preparation of dead human bodies, the co-ordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed, but does not include cemetery or crematorium services as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002; ("services funéraires")

(5) The definition of "income" in section 1 of the Act is repealed.

(6) The definition of "licence" in section 1 of the Act is repealed and the following substituted:

"licence" means a licence to operate a funeral establishment, transfer service or casket retailing business or a licence to act as funeral director or as a sales representative of a transfer service operator or casket retailing business operator that is issued under the Funeral, Burial and Cremation Services Act, 2002, and "licensed" and "licensee" have a corresponding meaning; ("permis", "titulaire d'un permis")

(7) The definition of "Minister" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed and the following substituted:

"Minister" means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; ("ministre")

(8) The definitions of "prearrangement", "prepaid contract", "prepayment" and "prepayment funds" in section 1 of the Act are repealed.

(9) The definition of "Tribunal" in section 1 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, is repealed and the following substituted:

"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. ("Tribunal")

117. (1) Subsection 2 (1) of the Act is amended by adding "or the Funeral, Burial and Cremation Services Act, 2002" at the end.

(2) Subsection 2 (2) of the Act is amended by striking out "by or under this Act" and substituting "by or under this Act or the Funeral, Burial and Cremation Services Act, 2002".

(3) Clause 2 (3) (a) of the Act is repealed and the following substituted:

(a) the name of every person licensed under the Funeral, Burial and Cremation Services Act, 2002 to operate a funeral establishment, transfer service or casket retailing business or to act as funeral director or a sales representative of a transfer service operator or casket retailing business operator;

118. (1) Subsection 3 (2) of the Act is repealed and the following substituted:

Principal object

(2) The principal object of the Board is to regulate the practices of funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses in accordance with this Act, the regulations and the by-laws in order that the public interest may be served and protected.

(2) Paragraphs 1, 2 and 3 of subsection 3 (3) of the Act are repealed and the following substituted:

1. To establish, maintain and develop standards of knowledge and skill among funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

2. To establish, maintain and develop standards of qualification and standards of practice for funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

3. To establish, maintain and develop standards of professional ethics among funeral directors and persons who operate funeral establishments, transfer services and casket retailing businesses.

(3) Paragraphs 5, 6 and 7 of subsection 3 (3) of the Act are repealed and the following substituted:

5. To oversee and inspect trust accounts that funeral establishments, transfer services and casket retailing businesses are required by law to establish or maintain.

6. To establish and develop standards for funeral establishments, transfer services and casket retailing businesses.

(4) Clause 3 (5) (b) of the Act is repealed and the following substituted:

(b) approve or set courses of study and examinations for the qualification of applicants under the Funeral, Burial and Cremation Services Act, 2002 for licences to operate funeral establishments, transfer services and casket retailing businesses and licences as funeral directors; and

119. (1) The French version of paragraph 1 of subsection 4 (1) of the Act is amended by striking out "directeurs de services funéraires" and substituting "directeurs de funérailles" and by striking out "un établissement funéraire" wherever it appears and substituting in each case "une résidence funéraire".

(2) Paragraph 2 of subsection 4 (1) of the Act is repealed and the following substituted:

2. A prescribed number of persons who are not funeral directors and who represent such classes of persons as may be prescribed.

120. Paragraph 3 of subsection 7 (1) of the Act is repealed.

121. Section 10 of the Act is repealed.

122. Section 14 of the Act is repealed.

123. (1) Section 15 of the Act is amended by striking out "Despite subsection 14 (1)" at the beginning.

(2) The French version of section 15 of the Act is amended by striking out "directeur de services funéraires" and substituting "directeur de funérailles".

124. (1) Clause 16 (1) (a) of the Act is amended by striking out "Board, Executive Committee or Complaints Committee" and substituting "Board or Executive Committee".

(2) Clause 16 (1) (b) of the Act is amended by striking out "Registrar, Executive Committee or Complaints Committee" and substituting "Registrar or Executive Committee".

125. (1) The French version of subsections 16 (1), (2), (3), (4), (5), (8), (11), (12), (13) and (16) and 17 (1) and (2) of the Act are amended by striking out "directeur de services funéraires" wherever it appears and substituting in each case "directeur de funérailles" and by striking out "directeurs de services funéraires" wherever it appears and substituting in each case "directeurs de funérailles".

(2) On a day to be named by proclamation of the Lieutenant Governor, subsections 16 (1), (2), (3), (4), (5), (8), (11), (12), (13) and (16) and 17 (1) and (2) of the Act, as amended by subsection (1), are amended by striking out "funeral director" wherever it appears and substituting in each case "licensee" and by striking out "funeral directors" wherever it appears and substituting in each case "licensees".

126. (1) Subsection 18 (2) of the Act is repealed and the following substituted:

Notice

(2) The Discipline Committee shall send to the funeral director who is the subject of the decision by prepaid first class mail a copy of the decision and its reasons therefore, if any, together with notice that informs the funeral director that he or she is entitled to a hearing by the Tribunal if he or she mails or delivers to the Discipline Committee and to the Tribunal, within 15 days after the notice is served on the person, notice in writing requiring a hearing and the person may so require such a hearing.

No hearing

(3) If a funeral director does not require a hearing by the Tribunal, the Discipline Committee may carry out its decision.

Hearing

(4) If the funeral director requires a hearing, the Tribunal shall appoint a time for and hold a hearing.

Order

(5) After holding a hearing, the Tribunal may by order direct the Discipline Committee to carry out its decision or refrain from carrying out its decision and to take such action as the Tribunal considers the Discipline Committee ought to take in accordance with this Act and the regulations and, for such purposes, the Tribunal may substitute its opinion for that of the Discipline Committee.

Conditions

(6) The Tribunal may attach such conditions to its order as it considers proper to give effect to the purposes of this Act.

Parties

(7) The Registrar, the funeral director who required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.

(2) On a day to be named by proclamation of the Lieutenant Governor, subsections 18 (2) to (7) of the Act, as set out in subsection (1), are amended by striking out "funeral director" wherever it appears and substituting in each case "licensee".

127. Sections 19 to 24 of the Act are repealed.

128. Section 25 of the Act, as re-enacted by the Statutes of Ontario, 1999, chapter 12, Schedule G, section 23, is repealed.

129. Sections 26 to 39 of the Act are repealed.

130. Section 40 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

131. Section 41 of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 83 and 2001, chapter 9, Schedule D, section 7, is repealed.

132. Sections 42 to 44 of the Act are repealed.

133. Section 45 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

134. (1) Paragraphs 1, 2, 3 and 4 of subsection 46 (1) of the Act are repealed.

(2) Paragraphs 15, 16, 17, 18 and 19 of subsection 46 (1) of the Act are repealed.

(3) Paragraphs 21 to 40 of subsection 46 (1) of the Act are repealed.

135. Section 47 of the Act is repealed.

136. Section 48 of the Act, as amended by the Statutes of Ontario, 2001, chapter 9, Schedule D, section 7, is repealed.

137. Sections 49 and 50 of the Act are repealed.

138. The title of the Funeral Directors and Establishments Act is repealed and the following substituted:

Board of Funeral Services Act

139. The Board of Funeral Services Act is repealed on a day to be named by proclamation of the Lieutenant Governor.

PART XV
CONSEQUENTIAL AMENDMENTS

Anatomy Act

140. The definition of "disposition" in section 1 of the Anatomy Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

Assessment Act

141. (1) Paragraph 2 of subsection 3 (1) of the Assessment Act, as re-enacted by the Statutes of Ontario, 1997, chapter 29, section 3, is repealed and the following substituted:

2. A cemetery and a burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose.

2.1 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002 and which is part of a cemetery or burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, if,

i. the Registrar under the Cemeteries Act (Revised) consented to the establishment of the crematorium on or before January 1, 2002,

ii. the ownership of the land has not changed since January 1, 2002, and

iii. the taxation year is a taxation year that is no more than five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(2) Subparagraph 3 ii of subsection 3 (1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 25, section 2, is repealed and the following substituted:

ii. a churchyard,

ii.1 a burying ground so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose, or

(3) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 4, 1997, chapter 29, section 3, 1997, chapter 43, Schedule F, section 1, 1997, chapter 43, Schedule G, section 18, 1998, chapter 28, section 66 and 2000, chapter 25, section 2, is amended by adding the following paragraph:

9.1 Despite paragraph 9, land owned by a municipality that is a burial site, burying ground or cemetery is not exempt from taxation unless it meets the requirements for exemption under paragraph 2, 2.1 or 3.

(4) Section 3 of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 4, 1997, chapter 29, section 3, 1997, chapter 43, Schedule F, section 1, 1997, chapter 43, Schedule G, section 18, 1998, chapter 28, section 66, 1998, chapter 33, section 2 and 2000, chapter 25, section 2, is amended by adding the following subsection:

Non-application: special exemptions

(1.1) Despite any provision in any Act of special or general application, an exemption from assessment or taxation under such an Act for burial sites, burying grounds or cemeteries shall, on and after the day section 141 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, no longer apply.

Coroners Act

142. Section 24 of the Coroners Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002 or a regulation made under that Act".

Licence Appeal Tribunal
Act, 1999

143. Section 11 of the Licence Appeal Tribunal Act, 1999 is amended by adding "Board of Funeral Services Act" and "Funeral, Burial and Cremation Services Act, 2002" and by striking out "Cemeteries Act (Revised)" and "Funeral Directors and Establishments Act".

McMichael Canadian Art
Collection Act

144. Clauses 7 (2) (g) and (h) of the McMichael Canadian Art Collection Act are amended by striking out "under the Cemeteries Act or a predecessor of that Act" in both clauses and substituting in each case "under the Funeral, Burial and Cremation Services Act, 2002 or a predecessor of that Act that related to cemeteries".

Municipal Act, 2001

145. The Municipal Act, 2001 is amended by adding the following section:

Tax relief re: cemeteries

357.1 (1) The purpose of this section is to provide tax relief to a cemetery owner if the cemetery's care and maintenance fund is not adequately funded.

Application for cancellation, reduction, refund

(2) If a cemetery is located in a local municipality and the cemetery owner has a deficiency in one or more of its care and maintenance funds as prescribed, the cemetery owner may apply to the treasurer of the local municipality for the cancellation, reduction or refund of all or part of the taxes assessed or levied against the part of the land that is eligible land in the year in respect of which the application is made.

Timing of application

(3) An application under subsection (2) shall be delivered to the local municipality on or before February 28 of the year following the taxation year in respect of which the notice is given or such later date as the Minister of Finance may prescribe.

Registrar's notice

(4) The application under subsection (2) shall include a notice from the registrar prepared under section 54 of the Funeral, Burial and Cremation Services Act, 2002, which notice shall,

(a) confirm whether the owner has a deficiency in its care and maintenance fund; and

(b) direct the local municipality to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(5) The decision made by the registrar as to whether the taxes assessed or levied against the eligible land should be cancelled, reduced or refunded and as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Compliance by municipality

(6) Upon receipt of a notice under subsection (4), the local municipality shall carry out the direction contained in the notice.

Same

(7) The local municipality shall issue any refund to which a cemetery owner is entitled under this Act within 120 days after the last day on which the owner is entitled to make an application under subsection (3).

Regulations

(8) The Minister of Finance may make regulations,

(a) defining deficiency for the purposes of this section;

(b) prescribing the cemetery that has a deficiency in its care and maintenance fund for the purposes of subsection (2) and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

(c) prescribing a date for the purposes of subsection (3);

(d) governing the decision made by the registrar as to whether to cancel the taxes assessed or levied against the eligible land or as to the amount of the reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund.

Definitions

(9) In this section,

"care and maintenance fund" and "cemetery" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("fonds d'entretien", "cimetière")

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"crematorium", "funeral establishment", "licensed services" and "licensed supplies" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("crématoire", "résidence funéraire", "services autorisés", "fournitures autorisées")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services; ("bien-fonds admissible")

"registrar" means the registrar appointed with respect to cemeteries under the Funeral, Burial and Cremation Services Act, 2002; ("registrateur")

"transfer service" means a transfer service as defined in the Funeral, Burial and Cremation Services Act, 2002. ("service de transfert")

Ontario Water Resources Act

146. Clause 53 (6) (e) of the Ontario Water Resources Act, as amended by the Statutes of Ontario, 1997, chapter 7, section 6, is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

Provincial Land Tax Act

147. (1) Paragraph 3 of subsection 3 (1) of the Provincial Land Tax Act is repealed and the following substituted:

3. Every place of worship and land used in connection therewith, every churchyard, and every cemetery or burying ground that is enclosed and actually required, used and occupied for the interment of the dead or for any ancillary purpose prescribed by the Minister, but not including any portion of the land used for any other purpose nor land rented or leased to a church or religious organization by a person other than another church or religious organization.

3.1 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002 and which is part of a cemetery or burying ground if,

i. the Registrar under the Cemeteries Act (Revised) consented to the establishment of the crematorium on or before January 1, 2002,

ii. the ownership of the land has not changed since January 1, 2002, and

iii. the taxation year is a taxation year that is no more than five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

(2) Section 3 of the Act, as amended by the Statutes of Ontario, 1994, chapter 25, section 84, 1997, chapter 43, Schedule F, section 11 and 2000, chapter 25, section 49, is amended by adding the following subsection:

Non-application: special exemptions

(1.1) Despite any provision in any Act of special or general application, an exemption from assessment or taxation under such an Act for burial sites, burying grounds or cemeteries shall, on and after the day section 147 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, no longer apply.

148. The Act is amended by adding the following section:

Tax cancellation, reduction or refund re: cemeteries

21.2 (1) The purpose of this section is to provide tax relief to a cemetery owner if the cemetery's care and maintenance fund is not adequately funded.

Application for cancellation, reduction, refund

(2) If a cemetery is located in unorganized territory and the cemetery owner has a deficiency in one or more of its care and maintenance funds as prescribed, the cemetery owner may apply to the collector for the cancellation, reduction or refund of all or part of the taxes assessed or levied against the part of the land that is eligible land in the year in respect of which the application is made.

Timing of application

(3) An application under subsection (2) shall be delivered to the collector on or before February 28 of the year following the taxation year in respect of which the notice is given or such later date as the Minister of Finance may prescribe.

Registrar's notice

(4) The application under subsection (2) shall include a notice from the registrar prepared under section 54 of the Funeral, Burial and Cremation Services Act, 2002, which notice shall,

(a) confirm whether the owner has a deficiency in its care and maintenance fund; and

(b) direct the collector to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice.

Decision by registrar

(5) The decision made by the registrar as to whether the taxes assessed or levied against the eligible land should be cancelled, reduced or refunded and as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made.

Compliance by collector

(6) Upon receipt of a notice under subsection (4), the collector shall carry out the direction contained in the notice.

Same

(7) The collector shall issue any refund to which a cemetery owner is entitled under this Act within 120 days after the last day on which the owner is entitled to make an application under subsection (3).

Regulations

(8) The Minister of Finance may make regulations,

(a) defining deficiency for the purposes of this section;

(b) prescribing the cemetery that has a deficiency in its care and maintenance fund for the purposes of subsection (2) and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

(c) prescribing a date for the purposes of subsection (3);

(d) governing the decision made by the registrar as to whether to cancel the taxes assessed or levied against the eligible land or as to the amount of the reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund.

Definitions

(9) In this section,

"care and maintenance fund" and "cemetery" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("fonds d'entretien", "cimetière")

"commercial cemetery" means a cemetery operated for the purpose of making a profit for the owner; ("cimetière commercial")

"crematorium", "funeral establishment", "licensed services" and "licensed supplies" have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; ("crématoire", "résidence funéraire", "services autorisés", "fournitures autorisées")

"deficiency" means a deficiency as defined by regulation; ("insuffisance", "insuffisant")

"eligible land" means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services; ("bien-fonds admissible")

"registrar" means the registrar appointed with respect to cemeteries under the Funeral, Burial and Cremation Services Act, 2002; ("registrateur")

"transfer service" means a transfer service as defined in the Funeral, Burial and Cremation Services Act, 2002. ("service de transfert")

Regulations Act

149. Clause (b) of the definition of "regulation" in section 1 of the Regulations Act is amended by striking out "section 78 of the Cemeteries Act".

Safety and Consumer
Statutes Administration
Act, 1996

150. (1) Subsection 3 (3) of the Safety and Consumer Statutes Administration Act, 1996 is amended by striking out "relating to its administration" and substituting "relating to its administration, or to such part of its administration as may be specified in the designation".

(2) Section 3 of the Act is amended by adding the following subsection:

Same

(3.1) For greater certainty, the Lieutenant Governor in Council may under this section designate two or more administrative authorities in respect to one designated statute or regulation and, in each designation, delegate the administration of the statute or regulation to each authority as it relates to,

(a) different provisions in the statute or regulation as may be specified in each designation; or

(b) the same provisions in the statute or regulation as they apply to different classes of persons, entities or activities, as may be specified in each designation.

151. Subsection 7 (1) of the Act is amended by striking out "the administration of designated legislation delegated to it and" and substituting "the administration of designated legislation delegated to it, or such part of the administration of designated legislation as is delegated to it, and".

152. (1) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46 and 2000, chapter 16, section 46, is amended by adding "Funeral, Burial and Cremation Services Act, 2002".

(2) The Schedule to the Act, as amended by the Statutes of Ontario, 1998, chapter 15, Schedule E, section 46 and 2000, chapter 16, section 46, is amended by striking out "Cemeteries Act (Revised)".

Vital Statistics Act

153. The definition of "cremation" in section 1 of the Vital Statistics Act is amended by striking out "Cemeteries Act" and substituting "Funeral, Burial and Cremation Services Act, 2002".

PART XVI
COMMENCEMENT AND SHORT TITLE

Commencement

154. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

155. The short title of this Act is the Funeral, Burial and Cremation Services Act, 2002.

EXPLANATORY NOTE

The Bill repeals the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act and replaces them with one statute. The Bill provides for a transition period during which the Funeral Directors and Establishments Act is amended to allow the Board of Funeral Services established under that Act to continue until such time as that Act is repealed.

The Bill provides for the appointment of registrars and directors for the purposes of administering the Act. The Minister may appoint more than one registrar or director, each being responsible for a different group of licensees. During the transition period, the Minister may appoint the registrar appointed by the Board of Funeral Services as a registrar under the Act and that registrar will exercise powers and duties under the new Act with respect to funeral directors, funeral establishment operators, transfer service operators, casket retail business operators and sales representatives for transfer service operators and casket retail business operators.

The Bill requires that the following persons be licensed:

1. Cemetery operators and their sales representatives.

2. Crematorium operators and their sales representatives.

3. Funeral establishment operators.

4. Funeral directors.

5. Transfer service operators and their sales representatives.

6. Casket retail business operators and their sales representatives.

7. Marker retail business operators and their sales representatives.

The Bill provides that persons who are licensed under the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act continue to be licensed under the new Act when it comes into force. The Bill also gives regulation-making power to require the licensing of new classes of persons in relation to prescribed activities that relate to the businesses already licensed under the Act and to specify which provisions of the Act or regulations apply to the new licensees.

Cemetery owners are responsible for ensuring that cemeteries are operated by licensed operators and if the operator suddenly ceases to operate the cemetery, the owner is deemed to be the operator and has all of the duties and powers of an operator under the Act. All licensed operators are required to ensure that the salespersons that they employ carry out their duties in compliance with the Act.

The Bill contains provisions relating to consumer protection. Falsifying information, false advertising and the furnishing of false information are all prohibited. The registrar may make orders in respect of false advertising and may require that advertising be pre-approved before publication if an order in respect of false advertising has been made. The Bill contains broad regulation-making powers in relation to disclosure requirements imposed on licensees. Operators are required to maintain price lists in relation to the supplies and services they sell and are prohibited from selling at a price that is more than the price indicated on the price list.

The Bill specifies contract requirements and cancellation rights relating to sales of supplies and services by licensees. Such contracts must be in writing, a copy of the contract delivered to the purchaser and other specified requirements must be met, if the contract is to be enforceable by the operator. A purchaser is entitled to cancel a contract at any time if the specified requirements are not met. In addition, the purchaser of licensed supplies and services is entitled to a 30-day cooling-off period within which the contract may be cancelled and any money paid under the contract fully refunded. Furthermore, the person who purchases licensed supplies and services, other than interment rights and scattering rights, from a licensee may cancel the contract at any time until the supplies and services are provided and any money paid will be fully refunded less a prescribed amount. The person who purchases or holds interment rights or scattering rights may resell the rights to a third party unless the cemetery by-laws prohibit the resale. If the resale is prohibited by by-law, the cemetery owner is required to repurchase the rights from the rights holder in accordance with the Act. The Bill sets out other rights specific to interment and scattering rights holders, including rights arising out of the registrar's declaration that the rights have been abandoned.

Licensed operators are to maintain trust accounts. Any money received by an operator in respect of the sale of supplies and services, in advance of the provision of those supplies and services, must be held in trust.

Cemetery operators who sell interment rights or scattering rights are required to establish and maintain a care and maintenance fund to ensure the proper care and maintenance of cemetery land, markers and structures. If there is a deficiency in a non-commercial cemetery's care and maintenance fund, the cemetery owner may apply to the registrar for a determination as to the amount of the deficiency and a determination as to the owner's entitlement, under the regulations, to a cancellation, reduction or refund of taxes assessed or levied under the Assessment Act or the Provincial Land Tax Act. The registrar shall direct the appropriate municipality or the collector under the Provincial Land Tax Act to cancel, reduce or refund taxes assessed or levied against the cemetery owner and as to the amount of any reduction or refund. Cemetery operators who sell interment rights or scattering rights with respect to a part of the cemetery that is not yet developed or ready to be used for interment or scattering purposes shall hold the money received from such sales in trust, separate from any other money held by operators.

The Bill gives broad regulation-making powers to provide for a compensation fund scheme. During the transition period, the Board of Funeral Services established under the Funeral Directors and Establishments Act will continue to administer the Prepaid Funeral Services Compensation Fund established under that Act as it applies to funeral directors, funeral establishment operators and transfer service operators.

The Bill provides for the establishment of a discipline committee and an appeals committee. Licensees who are found to have breached the code of ethics by the discipline committee may be fined up to $25,000 or a lesser prescribed amount. During the transition period, the discipline committee established by the Board of Funeral Services established under the Funeral Directors and Establishments Act is continued and will continue to deal with and hear matters in accordance with the rules established under that Act with respect to funeral directors. The provisions of the Funeral Directors and Establishments Act may also be extended so that the discipline committee will deal with all disciplinary matters relating to funeral establishment operators, transfer service operators, casket retail business operators and sales representatives for transfer service operators and casket retail business operators.

There are provisions in the Bill that permit the registrar to deal with complaints made about licensees. There are powers to inspect licensees and to appoint investigators. Investigators may conduct searches with the assistance of a warrant to investigate breaches of the statute. There may be a search of a premise, other than a premise used as a dwelling, without a warrant in exigent circumstances. The director may also freeze the assets of licensees and former licensees where it is advisable for the protection of the customers of the licensee or former licensee. The director may apply to the courts for the appointment of a receiver and manager to take the control of the business of a licensee in certain circumstances. The director may apply for a restraining order if a person is not complying with the Act.

The Bill contains an offence section. A person who contravenes the Act is guilty of an offence and, on conviction, is liable to a fine of up to $50,000 and up to two years imprisonment if the person is an individual and a fine of up to $250,000 if the person is a corporation. If there is a conviction, there may also be an order for restitution or compensation. If a fine is not paid, a lien may be registered against the person's property.

The Bill preserves certain provisions from the Cemeteries Act (Revised) relating to the establishment and closing of cemeteries, the procedures relating to discovering and investigating burial sites, the maintenance of war graves and other general provisions.

The Bill contains general provisions dealing with such matters as the preservation of secrecy, service of documents and the setting of fees by the Minister.

The Minister may make regulations establishing a code of ethics, governing the jurisdiction of committees and in areas delegated by the Lieutenant Governor in Council. The Lieutenant Governor in Council may make regulations dealing with a broad range of matters to regulate the industry.

Until such time as it is repealed in its entirety, the Funeral Directors and Establishments Act is amended by repealing all of its provisions except for those relating to the establishment of the Board and its committees and their administration. The Board is to continue to exercise jurisdiction in relation to funeral directors, funeral establishment operators and transfer service operators and its jurisdiction is extended to casket retailers and sales representatives for transfer service operators and casket retail business operators. The short title of the Act is changed to the Board of Funeral Services Act. The Act is to be repealed on day to be named by proclamation of the Lieutenant Governor.

The Bill makes consequential amendments to a number of other statutes, including to the statutes that follow.

The Assessment Act is amended to provide that the tax exemption for cemetery land on which crematoriums are located will expire five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

The Municipal Act, 2001 and the Provincial Land Tax Act are amended to provide a non-commercial cemetery owner with a tax cancellation, reduction or refund if the owner has a deficiency in one or more of his or her cemetery's care and maintenance funds.

The Safety and Consumer Statutes Administration Act, 1996 is amended in order that administrative authorities may be designated under that Act for the purpose of administering all or a part of the administration of this Act. The reference to the Cemeteries Act (Revised) in the Schedule to the Safety and Consumer Statutes Administration Act, 1996 is repealed.