113 (0.1) The Lieutenant Governor in Council may make regulations prescribing provisions of this Act that bind the Crown, in addition to those that specifically bind the Crown.  2006, c. 34, Sched. D, s. 76 (1). Same (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 and requiring that applications contain the information and be accompanied by the documentation that the registrar specifies, that is in the form that the registrar specifies and that is submitted in the manner that the registrar specifies; 3.  prescribing practices or actions that are evidence of incompetence or lack of honesty and integrity for the purposes of clause 14 (1) (c); 4.  prescribing requirements for purposes of clause 14 (1) (f); 5.  governing educational requirements for applicants for a licence, applicants for renewal of a licence, licensees and prescribed persons under clause 14 (1) (g), including, i.  authorizing the registrar to set educational requirements, including different educational requirements for different classes of persons, ii.  prescribing rules for setting the educational requirements, iii.  governing the educational requirements that the registrar sets, iv.  requiring that a description of the educational requirements be made available to the public free of charge on request, v.  requiring applicants for a licence, applicants for renewal of a licence, licensees and prescribed persons under clause 14 (1) (g) to meet the educational requirements that the registrar sets under subparagraph i, to complete a program of studies that the registrar designates or to take one or more courses that the registrar designates, vi.  authorizing the registrar to designate organizations that are authorized to provide the programs and courses required to meet the educational requirements set under subparagraph i or designated under subparagraph v, vii.  establishing a certification process in respect of a class of persons, viii.  authorizing the registrar in specified circumstances to exempt an applicant for a licence, an applicant for a renewal of a licence, a licensee or a prescribed person under clause 14 (1) (g) from any of the educational requirements, specifying the circumstances and authorizing the registrar to impose conditions on the exemption, and ix.  authorizing the registrar in specified circumstances, to require an applicant for a licence, an applicant for a renewal of a licence, a licensee or a prescribed person under clause 14 (1) (g) to complete any educational requirements again or to complete the other educational requirements that the registrar specifies and specifying the circumstances; 6.  prescribing the conditions of licences; 7.  governing the expiry of licences; 7.1  regulating, controlling and prohibiting the use of terms, titles or designations by licensees and other persons; 7.2  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 unless the activities are carried out by specific persons and prescribing those persons as well as any conditions that apply to them; 7.3  governing the availability and display of licensed supplies; 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; 10.1  prescribing and governing additional duties and powers of the registrar; 11.  governing the documents, records and information that licensees and former licensees must keep, including the manner and location at which the persons must keep them and the period for which the persons must keep them, and authorizing the registrar to allow the persons to keep the documents, records and information at a location, in a manner or for a period that the registrar specifies, subject to conditions specified in the regulation or imposed by the registrar; 12.  prescribing documents or information that persons must provide to the registrar and the time within which the persons must provide them and prescribing the content of the documents or information and requirements that the documents or information must meet, including, i.  requiring that specified information be verified by affidavit, ii.  authorizing the registrar to specify the content of the documents or information and to specify requirements that the documents or information must meet, and iii.  authorizing the registrar to specify the form and manner in which the persons must provide the documents or information; 12.1  prescribing amounts, or the minimum amount, by which the shareholdings of a person or of persons who are associated with each other must increase in order to constitute an increase for the purposes of clause 26 (1) (b); 13.  prescribing information that prescribed persons shall provide to the public, any person or any class of persons and prescribing the manner of providing that information and the circumstances in which a fee may be charged and the manner of determining the fee; 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 of bonds; 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; 20.1  for the purposes of subsection 43 (1), governing contracts under which an operator may provide licensed supplies or services under the contract within 30 days after the day on which the contract is made; 20.2  prohibiting prescribed practices in relation to the sale of licensed supplies and services; 20.3  prescribing the circumstances in which an operator may require that customers purchase supplies or services from the operator or from another person specified by the operator, and prescribing supplies and services that an operator may require a customer to purchase from the operator or from another person specified by the operator; 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; 22.1  requiring operators to submit their price lists to the registrar upon request; 22.2  granting the registrar power to disallow a price for a supply or service if, i.  the price is for a supply or service that the operator required a purchaser to purchase from the operator or from another person specified by the operator in accordance with section 38.1, and ii.  in the opinion of the registrar, the price is excessive or significantly higher than the current market price for the supply or service in question; 22.3  providing for an appeal process from the registrar’s decision to disallow a price under paragraph 22.2; 22.4  providing for the reimbursement of prescribed amounts, or of amounts that shall be determined in a prescribed manner, to customers in prescribed circumstances and requiring operators to provide the registrar with evidence of having paid the reimbursement; 22.5  prescribing specifications and minimum requirements for supplies and services to be offered, performed or supplied by a licensee; 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; 25.1  governing alternative processes and methods of disposing of human remains; 26.  governing the establishment, maintenance and operation of trust accounts and trust funds that a licensee is required to maintain under this Act; 26.1  governing the rules that apply to funds held in trust to which subsection 52 (8) or (9) applies; 26.2  prescribing the maximum refund amount that need not be held in trust, for the purposes of subsection 52 (6); 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 appeal 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 appeal committee; 44.  respecting the manner in which and the frequency with which decisions of the discipline committee and appeal 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; 53.1  authorizing the registrar, operators and other licensees to charge fees, including fixed amounts and amounts determined based on a prescribed formula reflecting volume, time and other criteria, in order to recuperate the cost of doing something that is required under this Act and the regulations and requiring prescribed persons to pay the fees; 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, including making an exemption subject to the condition that the registrar first declare that the exemption is not contrary to public interest; 55.  delegating to the Minister the power to make regulations with respect to any matter that may be the subject of a regulation under this subsection or subsection (2), (3), (4) or (4.1); 56.  Repealed:  2006, c. 34, Sched. D, s. 76 (13). 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. 59.  prescribing circumstances in which the documentation under the Vital Statistics Act is not required; 60.  defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act.  2002, c. 33, s. 113 (1); 2006, c. 34, Sched. D, s. 76 (2-14); 2017, c. 33, Sched. 5, s. 3 (1). 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 or persons authorized to act on their behalf for the costs associated with the maintenance of the cemetery except in the prescribed circumstances; 4.  governing cemetery by-laws, including, i.  respecting the procedure for operators to make or revoke by-laws, ii.  prescribing by-laws that apply to cemeteries or classes of cemeteries, iii.  requiring that the by-laws be approved by the registrar and prescribing the criteria that the registrar shall use in approving them, iv.  providing that the registrar may revoke the by-laws and respecting the notice that the registrar must give of a revocation, v.  providing for an appeal process if the registrar refuses to approve the by-laws or gives notice of revoking a by-law, vi.  requiring cemetery operators and other persons to whom the by-laws apply to comply with the 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 make orders requiring the operators to comply with the standards or to perform the necessary repairs and maintenance and be reimbursed by the operator and providing for an appeal of the orders; 9.  governing applications to court for a declaration that a cemetery is 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, disposition and removal of human remains; 10.1  governing the disinterment or removal of human remains, prescribing circumstances in which the consent of interment or scattering rights holders to the disinterment or removal is or is not required, prescribing circumstances in which the registrar may substitute his or her consent for that of an interment or scattering rights holder, providing for notice of disinterment or removal to prescribed persons and providing for an appeal process from the decision of the registrar to consent to a disinterment or removal; 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 and scattering rights, the use of such certificates and the information to be included in the certificates; 17.1  governing the establishment, maintenance and operation of care and maintenance trust funds and accounts that a licensee is required to maintain; 17.2  exempting cemeteries or a class of cemeteries from section 53 and attaching conditions to the exemptions; 17.3  prescribing cemetery operators for the purposes of subsection 53 (8); 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, at the request of a delivery agent, to provide licensed supplies and services and to permit the scattering of remains of specified persons and respecting payments for such supplies and services; 21.  defining “delivery agent” for the purposes of a regulation made under paragraph 20; 22.  requiring that prescribed supplies and services related to a cemetery must be sold at a price that does not exceed the cost of the cemetery operator or another person in providing them; 23.  granting the registrar the power, i.  to require cemetery operators to provide evidence of the costs that they or other persons incur in providing the supplies and services that they must provide at cost, and ii.  to disallow prices if the price is in relation to a supply or service that the operator or other person must provide at cost and if the price exceeds the costs of the operator or other person relating to providing the supply or service; 24.  providing for an appeal process from the registrar’s decision to disallow a price under paragraph 23; 24.1  governing the giving of notice for the purposes of subsection 88 (2); 24.2  governing the distribution of care and maintenance trust money on a cemetery closure; 24.3  prescribing matters and procedures to be followed in dealing with burial sites; 24.4  prescribing circumstances and procedures regarding disturbing a burial site for the purposes of section 94; 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 a burial site; 30.  governing the term of interment rights or scattering rights; 31.  prescribing requirements an operator shall comply with for the sale of future interment or scattering rights, including the information that the operator must provide to the registrar; 32.  prescribing the circumstances under which land that has been set aside for the interment of human remains will be treated as a cemetery for the purposes of this Act.  2002, c. 33, s. 113 (2); 2006, c. 34, Sched. D, s. 76 (15-24). 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 the by-laws be approved by the registrar and prescribing the criteria that the registrar shall use in approving them, iv.  providing that the registrar may revoke the by-laws and respecting the notice that the registrar must give of a revocation, v.  providing for an appeal process if the registrar refuses to approve the by-laws or gives notice of revoking a by-law, vi.  requiring crematorium operators and other persons to whom the by-laws apply to comply with the 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.  Repealed:  2006, c. 34, Sched. D, s. 76 (26). 8.  requiring crematorium operators to cremate the remains of specified persons at the request of a delivery agent and respecting the payment for such cremations; 9.  defining “delivery agent” for the purposes of a regulation made under paragraph 8.  2002, c. 33, s. 113 (3); 2006, c. 34, Sched. D, s. 76 (25-28). Same, funeral establishments (4) The Lieutenant Governor in Council may make regulations in respect of funeral establishments, including regulations, 1.  prescribing classes of funeral establishments; 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 in that respect; 5.  governing the equipment and practices, including hygienic practices, with respect to the embalming, transportation, preparation and disposal of human remains; 6.  authorizing persons to perform specified acts relating to the providing of funeral services under the supervision or direction of a prescribed person; 7.  prescribing licensed supplies and services that a person may offer to sell or sell for the purposes of clause 8 (2) (c); 8.  Repealed:  2006, c. 34, Sched. D, s. 76 (31). 9.  prescribing circumstances under which a person may manage or supervise the operation of more than one funeral establishment.  2002, c. 33, s. 113 (4); 2006, c. 34, Sched. D, s. 76 (29-32). Same, transfer services (4.1) The Lieutenant Governor in Council may make regulations in respect of transfer services, including regulations, 1.  prescribing classes of transfer services; 2.  governing the administration and operation of transfer services; 3.  respecting the methods and material that may be used in providing transfer services; 4.  governing the equipment and practices, including hygienic practices, with respect to the holding, preparation, transportation and disposal of human remains; 5.  governing the construction, location, equipment, maintenance, repairs, additions and alterations to holding rooms and governing the information, plans and materials to be furnished to the registrar in that respect; 6.  prescribing licensed supplies and services that an operator of a transfer service is authorized to offer to sell, sell or provide.  2006, c. 34, Sched. D, s. 76 (33). Same, transition (4.2) The Lieutenant Governor in Council may make regulations, 1.  in respect of transition matters required or authorized under this Act; 2.  providing for transition matters, i.  to facilitate the implementation of this Act or any provision of it, or ii.  to deal with problems or issues arising as a result of the repeal of all or part of the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them.  2006, c. 34, Sched. D, s. 76 (33). Same, transition (4.3) Without limiting the generality of subsection (4.2), a regulation made under that subsection may, (a)  provide that one or more provisions of the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them or the regulations made under them apply, with or without modifications, for the purposes or in the circumstances specified in the regulation; (b)  provide that one or more provisions of this Act or the regulations apply, with or without modifications, for the purposes or in the circumstances specified in the regulation; (c)  provide that a licence under the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or successor Acts to them shall be deemed, for the purposes specified in the regulation, to be a licence issued under this Act; and (d)  provide for how and when a deeming mentioned in clause (c) is terminated.  2006, c. 34, Sched. D, s. 76 (33). Conflict (4.4) If there is a conflict between a regulation under subsection (4.2) and any other regulation, the regulation under that subsection prevails.  2006, c. 34, Sched. D, s. 76 (33). 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.  2002, c. 33, s. 113 (5). 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.  2002, c. 33, s. 113 (6). 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.  2002, c. 33, s. 113 (7). 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 in relation to each class.  2002, c. 33, s. 113 (8). (9) Repealed: 2017, c. 33, Sched. 5, s. 3 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 76 (1-33) - 01/07/2012 2017, c. 33, Sched. 5, s. 3 (1, 2) - 14/12/2017 114-153 Omitted (amends or repeals other Acts).  2002, c. 33, ss. 114-153; 2006, c. 34, Sched. D, s. 77. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 77 - 20/12/2006 154 Omitted (provides for coming into force of provisions of this Act).  2002, c. 33, s. 154. 155 Omitted (enacts short title of this Act).  2002, c. 33, s. 155. ______________  Français