Funeral, Burial and Cremation Services Act, 2002 Hudak, Hon. Tim Minister of Consumer and Business Services — Bill 209 (37th Parliament, 3rd Session)

Bill 209, 37-3

Ontario — Bills

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Bill 209, Funeral, Burial and Cremation Services Act, 2002

Hudak, Hon. Tim Minister of Consumer and Business Services

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[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

Definitions

PART II

ADMINISTRATION

Director

Registrar

PART III

PROHIBITIONS AND GENERAL DUTIES

RE: OPERATION OF BUSINESSES

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

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

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

Resale of rights

Other rights upon purchase of interment rights

Declaration of abandonment

Redress

PART VI

TRUST ACCOUNTS

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

Compensation fund scheme

PART VIII

CODE OF ETHICS

AND DISCIPLINE

Code of ethics

Discipline and appeal committee

Discipline proceedings

Transition

PART IX

COMPLAINTS, INSPECTIONS

AND INVESTIGATIONS

Complaints

Inspection by registrar

Inquiries concerning contravention of Act

Appointment of investigators

Search warrant

Searches in exigent circumstances

PART X

ENFORCEMENT

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

Conditions to establishment, etc.

Municipal approval

Appeal to O.M.B.

Registrar's consent

Appeal to Tribunal

Closing Cemetery

Cemetery closing

Appeal

Certificate of closing, cemeteries

Maintenance fund

Other trust money

Appeal to Tribunal

Burial Sites

Disturbing burial site prohibited

Unmarked burial sites

Investigation into origins of site

Declaration

Site disposition agreement

Arbitrated settlement

Irregular burial site

War Graves

Removal, etc., of war graves

General

Prohibition: interfering with cemetery

Liability

Municipal power to expropriate

Act prevails

PART XII

MISCELLANEOUS

Matters confidential

Service

Fees

Certificate as evidence

Names of and information concerning licensees

Information provided

PART XIII

REGULATIONS

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

Commencement

Short title

______________

PART I

DEFINITIONS AND

INTERPRETATION

Definitions

(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

Document details

Collection	Ontario — Bills
Citation	Bill 209, 37-3
Type	bill
Volume / chapter	p37 s3 bill 209 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	400701e63dae81428897b83eff37396491577d12

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