Funeral, Burial and Cremation Services Act, 2002

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Sections367

• [s0]

  part i definitions and interpretation

• 1.
• PART I DEFINITIONS AND INTERPRETATION
• 1Definitions

  1 (1) In this Act, “aboriginal peoples” includes the Indian, Inuit and Métis peoples of Canada; (“autochtone”) Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2025, c. 24, Sched. 11, s. 1 (1)) “administrative authority” means an administrative authority as designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering a designated provision; (“organisme d’application”) “burial site” means land containing human remains that is not a cemetery; (“lieu de sépulture”) “by-laws”, when used in relation to a cemetery or crematorium, means the rules under which the cemetery or crematorium is operated; (“règlements administratifs”) “casket” means a container intended to hold a dead human body for funeral, cremation or interment purpos…

• PART II ADMINISTRATION
• 1.1Application

  1.1 (1) This Act applies to all transactions relating to licensed supplies and services even if the purchaser in the transaction or the person engaging in the transaction with the purchaser is located outside of Ontario when the transaction takes place. 2006, c. 34, Sched. D, s. 2. Alternative dispositions of human remains (2) Subject to the regulations, the provisions of this Act dealing with crematoriums, cremation and crematorium services apply, with necessary modifications, to establishments that provide alternative processes or methods of disposing of human remains and to those processes or methods. 2006, c. 34, Sched. D, s. 2; 2025, c. 24, Sched. 11, s. 2 (1, 2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 2 - 01/07/2012 2025, c. 24, Sched. 11, s. 2 (1, 2) - 11/12/2025

• 2.
• [s3]

  part ii administration

• 3.
• 2Director

  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. 2002, c. 33, s. 2 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 2 (1) of the Act is repealed and the following substituted: (See: 2025, c. 24, Sched. 11, s. 3 (1)) Directors, appointed by administrative authority (1) Subject to subsection (2), the board of an administrative authority shall appoint one or more directors for the purposes of administering designated provisions of the administrative authority and may appoint one or more deputy directors. 2025, c. 24, Sched. 11, s. 3 (1). 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). 2002, c. 33, s. 2…

• PART III PROHIBITIONS AND GENERAL DUTIES RE: OPERATION OF BUSINESSES
• 2.1Directors, appointed by Minister

  2.1 (1) Subject to subsection (2), the Minister shall appoint one or more directors for the purposes of administering non-designated provisions and may appoint one or more deputy directors. 2025, c. 24, Sched. 11, s. 4. Director cannot be registrar (2) A person appointed as a registrar or a deputy registrar under subsection 3 (1) or 3.1 (1) shall not be appointed as a director or a deputy director under subsection (1) of this section. 2025, c. 24, Sched. 11, s. 4. Application of s. 2 (3) to (6) (3) Subsections 2 (3) to (6) apply in respect of directors and deputy directors appointed under this section. 2025, c. 24, Sched. 11, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 11, s. 4 - not in force

• 4.
• [s6]
• 3Registrar

  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. 2002, c. 33, s. 3 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 3 (1) of the Act is repealed and the following substituted: (See: 2025, c. 24, Sched. 11, s. 5 (1)) Registrars, appointed by administrative authority (1) Subject to subsection (2), the board of an administrative authority shall appoint one or more registrars for the purposes of administering designated provisions of the administrative authority and may appoint one or more deputy registrars. 2025, c. 24, Sched. 11, s. 5 (1). 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 subse…

• 5.
• 3.1Registrars, appointed by deputy minister

  3.1 (1) Subject to subsection (2), the deputy minister to the Minister shall appoint one or more registrars for the purposes of administering non-designated provisions and may appoint one or more deputy registrars. 2025, c. 24, Sched. 11, s. 6. Registrar cannot be director (2) A person appointed as a director or a deputy director under subsection 2 (1) or 2.1 (1) shall not be appointed as a registrar or a deputy registrar under subsection (1) of this section. 2025, c. 24, Sched. 11, s. 6. Application of s. 3 (3) to (6) (3) Subsections 3 (3) to (6) apply in respect of registrars and deputy registrars appointed under this section. 2025, c. 24, Sched. 11, s. 6. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 11, s. 6 - not in force

• 6.
• [s8]

  part iii prohibitions and general duties re: operation of businesses Note: On a day to be named by order of the Lieutenant Governor in Council, Part III of the Act is amended by adding the following section: (See: 2025, c. 24, Sched. 11, s. 7)

• 7.
• 3.1.1Requirement for authorization before the provision of licensed supplies or services

  3.1.1 (1) No operator shall provide a prescribed licensed supply or service in respect of human remains unless the operator has received authorization to do so from the person or entity who has such authority in respect of the human remains as determined in accordance with the regulations. 2025, c. 24, Sched. 11, s. 7. Same (2) For clarity, subsection (1) operates to prohibit an operator from providing a prescribed licensed supply or service without an authorization under that section even if an interment rights holder has directed or consented to the interment of the human remains or a scattering rights holder has directed or consented to the scattering of the cremated human remains. 2025, c. 24, Sched. 11, s. 7. Application to court (3) A person or entity may apply to the Superior Court of Justice for an order determining whether the person or entity, or any other party to the proceedi…

• 8.
• 4Operating 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. 2002, c. 33, s. 4 (1). Selling rights and services (2) No person shall sell or offer to 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 holds a prescribed licence and is acting on behalf of a cemetery operator; or (b) the person is licensed as a cemetery operator. 2002, c. 33, s. 4 (2); 2006, c. 34, Sched. D, s. 3 (1, 2). 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). 2002, c. 33, s. 4 (3). (4) Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012. …

• 9.
• 10.
• 5Owner’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. 2002, c. 33, s. 5 (1). Owner (2) If there is no licensed operator of a cemetery, the owner of the cemetery is subject to the duties of an operator of a cemetery under this Act, subject to the regulations. 2006, c. 34, Sched. D, s. 4 (1). 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 …

• 11.
• 6Operating 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. 2002, c. 33, s. 6 (1); 2025, c. 24, Sched. 11, s. 2 (1). Selling services (2) No person shall sell or offer to sell crematorium services to the public, or hold themself out as available to sell crematorium services to the public, unless, (a) the person holds a prescribed licence and is acting on behalf of a crematorium operator; or (b) the person is licensed as a crematorium operator. 2002, c. 33, s. 6 (2); 2006, c. 34, Sched. D, s. 5; 2025, c. 24, Sched. 11, s. 2 (1). 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). 2002, c. 33, s. 6 (3); 2025, c. 24, Sched. 11, s. 2 (1). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 5 (1, 2) -…

• 12.
• 7Operator’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. 2002, c. 33, s. 7 (1); 2025, c. 24, Sched. 11, s. 2 (1). Same re: employees, etc. (2) A crematorium operator shall ensure that, (a) every licensee 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. 2002, c. 33, s. 7 (2); 2006, c. 34, Sched. D, s. 6; 2025, c. 24, Sched. 11, s. 2 (1). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 6 - 01/07/2012 2025, c. 24, Sche…

• 13.
• 8Operating 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. 2002, c. 33, s. 8 (1). Selling funeral services (2) No person shall sell or offer to sell funeral services to the public, or hold themself out as available to sell funeral services to the public, unless, (a) the person holds a prescribed licence and is acting on behalf of a funeral establishment operator; (b) the person is a licensed funeral establishment operator; or (c) the person is part of a prescribed class of persons and the services are prescribed. 2006, c. 34, Sched. D, s. 7. Exception (3) A licence is not required with respect to rites or ceremonies traditionally provided in a place of worship. 2006, c. 34, Sched. D, s. 7. (4)-(10) Repealed: 2006, c. 34, Sched. D, s. 7. Section Amendments with date in force (d/m/y) 2006, …

• 9Operators

  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 licensee 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 delegates responsibility carries out that responsibility in compliance with this Act and the regulations. 2002, c. 33, s. 9 (1); 2006, c. 34, Sched. D, s. 8 (1). (2)-(6) Repealed: 2006, c. 34, Sched. D, s. 8 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 8 (1, 2)- 01/07/2012

• PART IV LICENSING
• 10Repealed

  10 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 9 (1, 2) - 01/07/2012 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012

• 13. #16
• 14.
• [s17]
• 11Repealed

  11 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 10 (1, 2)- 01/07/2012 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012

• 13. #17
• 15.
• 12Operation of transfer services

  12 (1) No person shall operate, or hold themself out as the operator of a transfer service, unless the person is licensed to operate a transfer service. 2006, c. 34, Sched. D, s. 11 (1). Selling services (2) No person shall sell or offer to 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 transfer service operator or a funeral establishment operator; or (b) the person holds a prescribed licence and is acting on behalf of a transfer service operator or a funeral establishment operator. 2006, c. 34, Sched. D, s. 11 (1). (3) Repealed: 2006, c. 34, Sched. D, s. 11 (1). Operator’s duties (4) The operator of a transfer service shall comply with this Act and the regulations and shall ensure that, (a) every licensee that the operator employs carries out his or her duties in compliance with thi…

• 16.
• 13Repealed

  13 Repealed: 2025, c. 24, Sched. 11, s. 8. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 12 - 01/07/2012 2025, c. 24, Sched. 11, s. 8 - 11/12/2025

• 17.
• [s20]

  part iv licensing

• 18.
• 14Requirements for licences

  14 (1) An applicant is entitled to a licence or to a renewal of the licence unless, (a) the applicant or an interested person in respect of the applicant, (i) is in contravention of this Act or the regulations, or (ii) would be in contravention of this Act, the regulations, another Act or a municipal by-law if the applicant were issued a licence; (b) the applicant is not a corporation and, (i) 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, (ii) the past conduct of the applicant or of an interested person in respect of the applicant affords reasonable grounds for belief that the applicant will not carry on business in accordance with the law and with integrity and honesty, or (iii) the applicant or an empl…

• 19.
• 15Disclosure upon application

  15 (1) Upon applying for a licence or a renewal of a licence, an applicant that is a corporation shall disclose to the registrar the identity of any persons or any persons associated with each other that beneficially own or control 10 per cent or more of the corporation’s equity shares issued and outstanding at the time of the application. 2006, c. 34, Sched. D, s. 14 (1). 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. 2002, c. 33, s. 15 (2). (3), (4) Repealed: 2006, c. 34, Sched. D, s. 14 (2). Section Amendments with d…

• 17. #22
• 20.
• 16Conditions

  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. 2002, c. 33, s. 16 (1); 2006, c. 34, Sched. D, s. 15. 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. 2002, c. 33, s. 16 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 15 - 01/07/2012

• 17. #23
• 21.
• 17Refusal to issue

  17 (1) Subject to section 18, the registrar may refuse to issue a licence if of the opinion that the applicant is not entitled to a licence under section 14. 2006, c. 34, Sched. D, s. 16. Revocation, refusal to renew, etc. (2) Subject to section 18, the registrar may refuse to renew a licence or may suspend or revoke a licence if of the opinion that the licensee is not entitled to a licence under section 14 or the licensee is in breach of a condition of the licence. 2006, c. 34, Sched. D, s. 16. Limitation (3) Despite subsection (2), 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. 2006, c. 34, Sched. D, s. 16. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 16 - 01/07/2012

• 22.
• 18Notice 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. 2002, c. 33, s. 18 (1). 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. 2002, c. 33, s. 18 (2). Service (3) The notice of proposal shall be served on the applicant or licensee in accordance with section 20. 2002, c. 33, s. 18 (3). Where no request for hearing (4) If an applicant or licensee does not request a hearing …

• 23.
• 19Immediate 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. 2002, c. 33, s. 19 (1). Immediate effect (2) An order under subsection (1) takes effect immediately. 2002, c. 33, s. 19 (2). 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). 2002, c. 33, s. 19 (3). 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 hearin…

• 24.
• 20Service 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. 2002, c. 33, s. 20 (1). 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. 2002, c. 33, s. 20 (2). Other methods (3) Despite this section, the Tribunal may order any other method of service. 2002, c. 33, s. 20 (3).

• 25.
• 21Voluntary 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. 2002, c. 33, s. 21.

• 26.
• 22Continuation 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. 2002, c. 33, s. 22.

• PART V CONSUMER PROTECTION
• [s30]
• 23Information 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. 2002, c. 33, s. 23 (1). 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 the prescribed things that the registrar specifies. 2002, c. 33, s. 23 (2); 2006, c. 34, Sched. D, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 17 - 01/07/2012

• [s31]
• 24Further 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. 2002, c. 33, s. 24.

• 27.
• [s32]
• 25Appointment 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. 2002, c. 33, s. 25 (1). 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…

• 28.
• [s33]
• 26Notice 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 of the corporation if the issue or transfer results in, (a) any person or any persons that are associated with each other, 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 corporation; or (b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue…

• 29.
• [s34]

  part v consumer protection

• 30.
• [s35]

  General

• 31.
• 27False 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. 2002, c. 33, s. 27.

• 32.
• 28Order of registrar

  28 (1) If the registrar believes on reasonable grounds that a licensee is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet, brochure, price list, contract, letterhead 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). 2002, c. 33, s. 28 (1); 2006, c. 34, Sched. D, s. 19 (1). 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. 2002, c. 33, s. 28 (2). Effect (3) The order of the registrar shall take effect immediately, but the …

• 33.
• 29By 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. 2002, c. 33, s. 29 (1). Vulnerable persons (2) No licensee or other person shall contact, by any means, a person in a hospital, long-term care home, 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. 2002, c. 33, s. 29 (2); 2007, c. 8, s. 205. 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 or business for the purpose of soliciting the making of, or negotiating, a contract referred to in subsection (1) if the supplies or services sold or pr…

• 34.
• 30False 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. 2002, c. 33, s. 30.

• 35.
• 31Furnishing 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. 2002, c. 33, s. 31.

• 36.
• 32Disclosure 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. 2002, c. 33, s. 32 (1). 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. 2002, c. 33, s. 32 (2).

• 37.
• 33Price 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. 2002, c. 33, s. 33 (1). 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. 2002, c. 33, s. 33 (2).

• 36., 37.
• 38.
• 34Prohibition: 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. 2002, c. 33, s. 34 (1). 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 within 30 days. 2002, c. 33, s. 34 (2); 2006, c. 34, Sched. D, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 21 - 01/07/2012

• 39.
• 35Good 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. 2002, c. 33, s. 35 (1). 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. 2002, c. 33, s. 35 (2).

• 40.
• 36., 37

  36., 37 Repealed: 2006, c. 34, Sched. D, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 22 - 01/07/2012

• 41.
• 38Contract 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 if, subsequent to the payment but before the provision of the supplies and services, there is an increase in the price of any of those supplies and services, the operator shall not charge the purchaser any additional amount in respect of the increase and may retain only the amounts that are prescribed. 2006, c. 34, Sched. D, s. 23. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 23 - 01/07/2012

• 38. #46
• 42.
• 38. #47
• 38.1Tied selling

  38.1 No operator shall require, as a condition to selling certain licensed supplies and services to a purchaser, whether or not the condition is set out in a contract, that the purchaser also purchase other supplies and services from the same operator or from a person specified by the operator, unless the operator does so in the circumstances that are prescribed. 2006, c. 34, Sched. D, s. 23. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 23 - 01/07/2012

• 43.
• 39Storage of supplies

  39 An operator may, in the prescribed circumstances, agree to store or have stored, in accordance with the regulations, a prescribed licensed supply that is sold, in advance of the use of the supply. 2006, c. 34, Sched. D, s. 23. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 23 - 01/07/2012

• 44.
• 39. #49
• 40Contract 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 rig…

• 45.
• 39. #50
• 41Cancellation, 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. 2002, c. 33, s. 41 (1). 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 the amounts that are prescribed. 2002, c. 33, s. 41 (2); 2006, c. 34, Sched. D, s. 25 (1). Where contract performed (3) Subject to the regulations, subsections (1) and (2) apply even though the licensed supplies and services provided for under the contract have been delivered or performed. 2002, c. 33, s. 41 (3); 2006, c. 34, Sched. D, s. 25 (2). Repossession or return of supplies (4) If licensed supplies were delivered under a contract that is cancelled unde…

• 46.
• [s51]
• 4230-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. 2002, c. 33, s. 42 (1). Notice (2) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of the cancellation. 2002, c. 33, s. 42 (2). 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 the amounts that are prescribed. 2002, c. 33, s. 42 (3); 2006, c. 34, Sched. D, s. 26 (1). Where contract performed (4) Subject to section 43, subsections (1), (2) and (3) apply even though the lic…

• 43Delivery within 30 days

  43 (1) Except as permitted by the regulations, an operator who enters into a contract for the provision of licensed supplies or services shall not provide any of the licensed supplies and services under the contract within 30 days after the day on which the contract is made. 2006, c. 34, Sched. D, s. 27. Right to cancel (2) By giving the operator written notice of cancellation, a purchaser may cancel a contract that includes the provision of licensed supplies or services within 30 days after the day on which the contract is made if the operator has not fully performed the contract. 2006, c. 34, Sched. D, s. 27. Exception (3) A right to cancel under subsection (2) does not apply with respect to interment or scattering rights that have been exercised. 2006, c. 34, Sched. D, s. 27. Refund (4) An operator who receives a notice of cancellation under subsection (2) shall, within 30 days of rec…

• 47.
• [s53]
• 44Further cancellation rights

  44 (1) The purchaser under a contract for the provision of licensed supplies or services, other than interment rights and scattering rights, may cancel the contract at any time if a right to cancel under section 42 or 43 no longer applies and if the operator has not fully performed the contract. 2006, c. 34, Sched. D, s. 28. Exception (2) Subsection (1) does not apply to the portion of a contract relating to private structures or a private scattering ground and the provisions of that portion relating to cancellation do apply. 2006, c. 34, Sched. D, s. 28. Notice (3) A purchaser may cancel a contract under subsection (1) by giving the operator written notice of cancellation. 2006, c. 34, Sched. D, s. 28. Refund (4) An operator who receives a notice of cancellation under subsection (3) shall, within 30 days of receiving the notice, refund to the purchaser, (a) all money received under the …

• 48.
• 43. #54
• 45Other persons to cancel contract

  45 The rights to cancel a contract to which a purchaser under the contract is entitled under sections 41, 42, 43 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. 2002, c. 33, s. 45; 2006, c. 34, Sched. D, s. 29. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 29 - 01/07/2012

• 49.
• 43. #55
• 46Transition

  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. 2002, c. 33, s. 46 (1). 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. 2002, c. 33, s. 46 (2).

• 50.
• [s56]

  Interment and Scattering Rights

• PART VI TRUST ACCOUNTS
• 47Resale 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. 2002, c. 33, s. 47 (1). 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 in such manner as may be prescribed; and (b) to the cemetery operator, such information as may be prescribed in such a manner as may be prescribed. 2002, c. 33, s. 47 (2); 2006, c. 34, Sched. D, s. 30 (1). Prohibition against speculating (3) Subject to subsection (3.1), no person shall purchase interment rights or scattering rights fo…

• 51.
• [s58]
• 48Other rights

  48 (1) An interment rights holder or a person authorized to act on the holder’s behalf 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) have reasonable access to the lot to which the interment rights relate at any time, except as prohibited by the cemetery by-laws; and (d) once the interment rights have been paid in full, receive a certificate of interment rights from the operator. 2002, c. 33, s. 48 (1); 2006, c. 34, Sched. D, s. 31 (1, 2). 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 no…

• 52.
• [s59]
• 49Declaration 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. 2002, c. 33, s. 49 (1). 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. 2002, c. 33, s. 49 (2). Declaration (3) Upon being satisfied that the interment rights or scattering rights are abandoned, the registrar shall issue a declaration to that effect. 2002, c. 33, s. 49 (3). 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 pe…

• 53.
• 50Redress

  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). 2002, c. 33, s. 50 (1). 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 s…

• 54.
• [s61]

  part vi Trust Accounts

• 55.
• 51Trust accounts, funds

  51 An operator shall maintain such trust accounts or establish such trust funds as may be required by regulation. 2002, c. 33, s. 51.

• 56.
• 52Money 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 if required by the regulations. 2002, c. 33, s. 52 (1); 2006, c. 34, Sched. D, s. 34 (1). 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. 2002, c. 33, s. 52 (2). Non-application (3) Unless the regulations provide otherwise, 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 an account or a fund under section 53. 2006, c. 34, Sched. D, s. 34 (2); 2025, c. 24, Sched. 11, s. 9. Payments into trust (4) A l…

• 57.
• 53Cemetery care and maintenance fund or account

  53 (1) Unless the regulations provide otherwise, every cemetery operator who sells, assigns or transfers interment rights or scattering rights or who permits the interment of human remains or the scattering of cremated human remains in the cemetery shall have a care and maintenance fund or, if the regulations so permit, a care and maintenance account. 2006, c. 34, Sched. D, s. 35. Combinations (2) Subsection (1) does not preclude a cemetery operator from having more than one care and maintenance fund or account for a single cemetery, from having a single care and maintenance fund or account for more than one cemetery operated by the operator or from having a combination of both. 2006, c. 34, Sched. D, s. 35. Place (3) A care and maintenance fund or account shall be established in a prescribed type of institution. 2006, c. 34, Sched. D, s. 35. Purpose (4) The purpose of a care and mainten…

• 58.
• 54Payments into care and maintenance fund or account

  54 (1) If bereavement related activity, other than interments or scatterings, for which a licence is required under this Act, takes place on cemetery land, the cemetery operator shall, in the prescribed circumstances, in accordance with the prescribed procedures and within the prescribed time, make the payment described in subsection (2) into the care and maintenance fund or account for the cemetery and shall report to the registrar as prescribed. 2006, c. 34, Sched. D, s. 36. Amount of payment (2) The payment shall correspond to the property tax that would be payable if the land were liable to assessment and taxation under other Acts and shall be in the prescribed amount or calculated based on the prescribed basis. 2006, c. 34, Sched. D, s. 36. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 36 - 01/07/2012; 2006, c. 32, Sched. C, s. 21 (1-4) - 01/07/2012

• 59.
• 55Temporary holding in trust

  55 (1) Unless the regulations provide otherwise, if a cemetery operator receives money that is required under the Act to be paid into a care and maintenance fund or account for the cemetery and does not pay it into the fund or account immediately, the operator shall ensure that the money is held in trust until it is paid into a care and maintenance fund or account for the cemetery or is otherwise paid out in accordance with the regulations. 2006, c. 34, Sched. D, s. 37. Payments into trust (2) A cemetery operator shall pay the money that is required to be held in trust under this section into a trust account in accordance with the regulations. 2006, c. 34, Sched. D, s. 37. Payment out (3) A cemetery operator shall ensure that money held in trust under this section and any income from the money is not paid out except in accordance with the regulations. 2006, c. 34, Sched. D, s. 37. Sectio…

• 60.
• 53. #67
• 56Repealed

  56 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 38 (1, 2) - 01/07/2012 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012

• PART VII COMPENSATION FUNDS
• 53. #68
• 57Investment of trust money

  57 Despite subsection 27 (9) of the Trustee Act, no trustee shall make investments with money that this Act requires to be held in trust if the investments would contravene the standard for investments required under subsection 27 (2) of that Act. 2006, c. 34, Sched. D, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 39 - 01/07/2012

• 61.
• [s69]
• 54. #69
• 58Information 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. 2002, c. 33, s. 58 (1). Same (2) A licensee or trustee who receives a request under subsection (1) shall promptly provide all the information or the statement required. 2002, c. 33, s. 58 (2).

• PART VIII CODE OF ETHICS AND DISCIPLINE
• 54. #70
• 59Passing 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. 2002, c. 33, s. 59 (1). Same (2) The court, on passing any account, may review and pass upon any agreement made by a licensee. 2002, c. 33, s. 59 (2). Same (3) The court, on passing any account, may make any order that it considers necessary to ensure that the trust is carried out. 2002, c. 33, s. 59 (3).

• 62.
• [s71]
• 55. #71
• 60No 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 or account. 2002, c. 33, s. 60; 2006, c. 34, Sched. D, s. 40. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 40 - 01/07/2012

• 63.
• [s72]

  part vii Compensation Funds

• 55. #72
• 64.
• 61Compensation fund scheme

  61 (1) A compensation fund scheme shall be established for the purposes of this Act in accordance with the regulations. 2002, c. 33, s. 61 (1). Purpose (2) The purpose of a prescribed compensation fund shall be to compensate a person who suffers a financial loss due to a failure on the part of a licensee to comply with this Act or the regulations or with the terms of an agreement made under this Act. 2006, c. 34, Sched. D, s. 41. 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. 2002, c. 33, s. 61 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 41 - 01/07/2012

• 65.
• [s74]

  part viii Code of Ethics and Discipline

• 57. #74
• PART IX COMPLAINTS, INSPECTIONS AND INVESTIGATIONS
• 57. #75
• 62Code 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. 2002, c. 33, s. 62.

• 66.
• [s76]
• 63Discipline and appeal committees

  63 (1) The Minister shall establish one or more discipline committees in accordance with the regulations for the purpose of hearing and determining issues concerning whether licensees have failed to comply with a code of ethics established by the Minister under section 112. 2006, c. 34, Sched. D, s. 42 (1). Appeals committee (2) One or more appeal committees shall be established in accordance with the regulations for the purpose of considering appeals from the discipline committees. 2002, c. 33, s. 63 (2); 2006, c. 34, Sched. D, s. 42 (2). Composition (3) The composition and manner of appointment of the members of a discipline committee and appeal committee shall be as prescribed. 2006, c. 34, Sched. D, s. 42 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 42 (1-3) - 01/07/2012 2012, c. 8, Sched. 11, s. 47 (4) - no effect - see 2020, c. 14, Sched. 8, s. 21 - …

• 67.
• 64Discipline 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. 2002, c. 33, s. 64 (1). 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 attend a specified educational program or require the licensee to ensure that a person prescribed for the purposes of clause 14 (1) (g) attends a specified educational program. 2. If the licensee is an operator, require the operator to fund educational programs for any person employed by the operator in accordance with the terms that the committee specifies or to arrange and fund such educational programs. 3. Impose such fine as the committee considers appropriate, t…

• 68.
• 65Repealed

  65 Repealed: 2025, c. 24, Sched. 11, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 44 - 01/07/2012 2025, c. 24, Sched. 11, s. 11 - 11/12/2025

• 69.
• [s79]

  part ix Complaints, inspections and investigations

• 70.
• 66Complaints

  66 (1) The registrar may, (a) receive complaints concerning conduct that may be in contravention of a requirement under this Act; (b) make inquiries, gather information or make written requests for information from any person regarding a complaint described in clause (a); and (c) attempt to mediate or resolve a complaint described in clause (a). 2025, c. 24, Sched. 11, s. 12. Request for information (2) An inquiry or written request made under clause (1) (b) shall indicate the nature of the complaint. 2025, c. 24, Sched. 11, s. 12. Duty to comply (3) A person who receives an inquiry or written request under clause (1) (b) shall provide the requested information to the registrar. 2025, c. 24, Sched. 11, s. 12. Registrar’s powers (4) If the registrar is of the opinion, whether as a result of a complaint or otherwise, that a person has contravened a requirement under this Act, the registrar…

• 71.
• 67Inspection

  67 (1) The registrar or a person designated in writing by the registrar may conduct an inspection in accordance with this section for the purposes of, (a) ensuring compliance with a requirement under this Act; (b) dealing with a complaint under section 66; or (c) if applicable, ensuring that a licensee remains entitled to be licensed or that an applicant for a licence is entitled to be licensed under this Act. 2025, c. 24, Sched. 11, s. 12. Power to enter premises (2) For the purposes of subsection (1), an inspector may, without a warrant or court order, enter and inspect at any reasonable time the business premises of a licensee or an applicant for a licence under this Act, or any premises in relation to which any of sections 94 to 100 apply. 2025, c. 24, Sched. 11, s. 12. Dwellings (3) Subsection (2) does not authorize entry of a dwelling without the consent of the occupier. 2025, c. 2…

• PART X ENFORCEMENT
• 68Appointment of investigators

  68 (1) The director may appoint persons to be investigators for the purposes of conducting investigations. 2025, c. 24, Sched. 11, s. 12. Certificate of appointment (2) The director who appoints an investigator under subsection (1) shall issue to the investigator a certificate of appointment bearing the director’s signature or a facsimile of the signature. 2025, c. 24, Sched. 11, s. 12. Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 70, shall, upon request, produce the certificate of appointment as an investigator. 2025, c. 24, Sched. 11, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 47 - 01/07/2012 2025, c. 24, Sched. 11, s. 12 - 11/12/2025

• 72.
• 69Repealed

  69 Repealed: 2025, c. 24, Sched. 11, s. 12. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 11, s. 12 - 11/12/2025

• 73.
• [s84]