jswizzle3737/ontario_laws_and_regs huggingface dataset:
Consent for cemetery, etc.
2. No person shall establish, alter or increase the capacity of a cemetery or crematorium without the consent of the Registrar. R.S.O. 1990, c. C.4, s. 2.
Application for consent and prior approvals
3. (1) An applicant for consent shall apply to the Registrar and, (a) pay the prescribed fee; (b) submit the prescribed documents showing the layout of the cemetery and the location of existing or proposed plots, lots, structures and fixtures; and (c) if the applicant is the owner of a commercial cemetery or a cemetery of a class prescribed for the purpose of this clause, pay a deposit in a prescribed amount into a Care and Maintenance Fund. R.S.O. 1990, c. C.4, s. 3 (1). Approval required (2) If the cemetery or crematorium is proposed to be established or already exists in an area with municipal organization, the applicant, before applying for the consent of the Registrar, must obtain the approval to the proposal of the appropriate municipality. R.S.O. 1990, c. C.4, s. 3 (2). Idem (3) If the cemetery or crematorium is to be established or enlarged to encroach on land, in an area without municipal organization, that is Crown land at the time of the application for consent, the applicant, before applying for the consent of the Registrar, must obtain the approval to the proposal of the Minister of Natural Resources. R.S.O. 1990, c. C.4, s. 3 (3).
Public hearings
4. A municipality that receives a request for an approval required by subsection 3 (2) may hold public hearings to determine if the approval is in the public interest. R.S.O. 1990, c. C.4, s. 4.
Decision on request for approval
5. (1) A municipality, upon receiving a request for approval, shall give or refuse to give the approval within a reasonable time after receiving the request. R.S.O. 1990, c. C.4, s. 5 (1). Public interest (2) In considering a request for an approval, the principal factor shall be the public interest. R.S.O. 1990, c. C.4, s. 5 (2). Notice of decision (3) A municipality shall, upon arriving at a decision on an application, (a) send a copy of the decision together with the reasons for it to the Registrar and to the applicant; and (b) publish notice of the decision in a local newspaper. R.S.O. 1990, c. C.4, s. 5 (3). Appeal (4) The applicant, Registrar or any person with an interest therein may, within fifteen days after publication of the notice of the decision, refer the decision of a municipality to the Ontario Municipal Board for a hearing. R.S.O. 1990, c. C.4, s. 5 (4). Idem (5) Despite subsection (4), if an applicant or the Registrar does not receive a copy of a decision until after the decision is published, the fifteen days referred to in subsection (4) apply after the applicant or Registrar, as the case may be, receives the copy. R.S.O. 1990, c. C.4, s. 5 (5). Representation (6) The Registrar is entitled to make representations to the Ontario Municipal Board in any appeal under subsection (4). R.S.O. 1990, c. C.4, s. 5 (6).
Board decision
6. (1) The Ontario Municipal Board may reverse the decision appealed from and substitute its own decision. R.S.O. 1990, c. C.4, s. 6 (1). Idem (2) A decision of the Board that is substituted under subsection (1) shall be deemed to be the decision of the municipality. R.S.O. 1990, c. C.4, s. 6 (2).
Certificate of consent
7. (1) The Registrar shall give a certificate of consent to the establishment, alteration or increase in the capacity of a cemetery or crematorium, as the case may be, if, (a) the applicant has the approval of the municipality or the Minister of Natural Resources; (b) the applicant is licensed to own that cemetery and is and will be on the granting of the licence in compliance with the requirements of this Act and the regulations and the laws intended for the protection of the environment and of health; and (c) where neither approval referred to in clause (a) is required, the Registrar is satisfied that the consent is in the public interest. R.S.O. 1990, c. C.4, s. 7 (1). Notice of refusal to issue (2) The Registrar, on refusing to give a certificate of consent, shall advise the applicant, in writing, of, (a) the reason for the refusal; and (b) the applicant’s right to appeal. R.S.O. 1990, c. C.4, s. 7 (2). Appeal (3) An applicant who receives a notice under subsection (2) may appeal to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 7 (3). Order by Tribunal (4) If the Tribunal finds that the applicant is in compliance with clauses (1) (a) and (b) or that giving the consent is in the public interest, as the case may be, the Tribunal shall order the Registrar to issue the certificate of consent applied for or a consent in a modified version. R.S.O. 1990, c. C.4, s. 7 (4). Idem (5) Upon receiving an order under subsection (4), the Registrar shall issue the certificate as ordered. R.S.O. 1990, c. C.4, s. 7 (5). Registration (6) A certificate of consent shall contain a sufficient description of the cemetery or crematorium so that the certificate may be registered in the appropriate land registry office. R.S.O. 1990, c. C.4, s. 7 (6). Effect of registration (7) Upon registration of a certificate of consent, the land described therein becomes a cemetery. R.S.O. 1990, c. C.4, s. 7 (7). Closing Cemetery
Closing cemetery
8. (1) In this section and in sections 9, 10, 11, 12 and 13, a reference to a cemetery includes any part of a cemetery. R.S.O. 1990, c. C.4, s. 8 (1). Idem (2) The Registrar may order a cemetery closed if the closing is in the public interest. R.S.O. 1990, c. C.4, s. 8 (2). Notice (3) An order shall not be made under subsection (2) until, (a) notice of the intention to make the order is given in the manner and to the persons prescribed; and (b) interested persons are given the opportunity to make submissions to the Registrar within such time as is prescribed. R.S.O. 1990, c. C.4, s. 8 (3). Idem (4) Notice is not required if, (a) the request is from the owner; (b) no interments have been made in the cemetery to be closed; and (c) the consent of all affected interment rights holders has been obtained. R.S.O. 1990, c. C.4, s. 8 (4).
Order
9. (1) In an order to close a cemetery, the Registrar may, (a) declare a cemetery or a portion thereof closed; (b) require the owner to disinter all human remains therein and specify the manner of disinterment and the manner and place of reinterring or dealing with the remains; (c) require the owner to remove any markers and relocate them to a specified place; and (d) require the owner to provide or acquire equivalent interment rights for all holders of interment rights with respect to unused lots in the cemetery. R.S.O. 1990, c. C.4, s. 9 (1). Substitution (2) In an order to close a cemetery, the Registrar may designate another person to do anything that the owner may be required to do. R.S.O. 1990, c. C.4, s. 9 (2). Notice (3) The Registrar shall give every person who made a submission notice of the order and at the same time advise the person of the right of appeal. R.S.O. 1990, c. C.4, s. 9 (3). Coming into force (4) Subject to subsection (5), an order to close a cemetery comes into force thirty days after it is made unless there is an appeal filed before the order comes into force or the order sets out a later date. R.S.O. 1990, c. C.4, s. 9 (4). Idem (5) If submissions were made in respect of the order, the order comes into force thirty days after notice has been given to each person who made a submission unless there is an appeal filed before the order comes into force or the order sets out a later date. R.S.O. 1990, c. C.4, s. 9 (5). Idem (6) An order that is appealed comes into force upon being upheld by the Tribunal. R.S.O. 1990, c. C.4, s. 9 (6).
Appeal
10. A person with an interest therein may appeal, to the Tribunal, (a) an order to close a cemetery any time before the order comes into force; or (b) a refusal to order a cemetery closed. R.S.O. 1990, c. C.4, s. 10.
Certificate
11. (1) The Registrar, upon being satisfied that the requirements in an order to close a cemetery have been complied with, shall issue a certificate, with a legal description of the land involved, that the cemetery is closed. R.S.O. 1990, c. C.4, s. 11 (1). Idem (2) Despite subsection (1), an applicant therefor is entitled to a certificate that a cemetery is closed if the cemetery had been closed by the Lieutenant Governor in Council but a certificate issued under subsection 59 (7) of the Cemeteries Act, being chapter C.3 of the Revised Statutes of Ontario, 1990, or a predecessor of that subsection has not been registered. R.S.O. 1990, c. C.4, s. 11 (2). Registration (3) A certificate issued under this section may be registered in the appropriate land registry office. R.S.O. 1990, c. C.4, s. 11 (3). Effect of registration (4) Upon registration of a certificate of closing, the land described therein ceases to be a cemetery. R.S.O. 1990, c. C.4, s. 11 (4).
Maintenance fund
12. (1) Where any money has been paid into a care and maintenance fund with respect to a cemetery that is to be closed, the Registrar shall direct that money to be transferred to the trustee of the fund maintained by the owner of the cemetery into which the human remains are to be reinterred or where the interment rights are to be exercised. R.S.O. 1990, c. C.4, s. 12 (1). Idem (2) The amount transferred under subsection (1) is a credit against the amount required to be paid into the fund by the owner of the cemetery into which the human remains are to be reinterred or where the interment rights are to be exercised. R.S.O. 1990, c. C.4, s. 12 (2).
Pre-need assurance fund
13. Where any money has been paid into a pre-need assurance fund with respect to interment rights in a cemetery that is to be closed, the Registrar shall direct that money to be paid to the trustee of the fund maintained by the owner of the cemetery where alternative interment rights have been made available for the holders of interment rights in the cemetery to be closed. R.S.O. 1990, c. C.4, s. 13. Licences
Licence required
14. No person shall own a cemetery or crematorium unless licensed under this Act to own the cemetery or crematorium. R.S.O. 1990, c. C.4, s. 14.
Licence to own
15. (1) A person may apply to the Registrar for a licence to own a cemetery or crematorium. R.S.O. 1990, c. C.4, s. 15 (1). Requirements (2) An applicant is entitled to a licence except if, (a) the applicant cannot reasonably be expected to be financially responsible in the operation of a cemetery or crematorium; (b) the past or present conduct of the persons referred to in subsection (3) affords reasonable grounds for belief that the applicant will not operate in accordance with the law and with integrity and honesty; (c) the applicant or managing employees of the applicant do not have the experience and competence required to manage the cemetery or crematorium in accordance with the law; (d) the applicant is carrying on activities that are, or will be if the applicant is licensed, in contravention of this Act or the regulations; (e) the applicant will, if licensed, be carrying on activities under this Act that are in contravention of another Act or a municipal by-law; (f) the applicant is unable to provide the resources and facilities required to manage a cemetery or crematorium; or (g) the applicant or an employee or agent of the applicant has made a false statement or provided false information in an application for a licence. R.S.O. 1990, c. C.4, s. 15 (2). Idem (3) Clause (2) (b) applies to the following persons: 1. The applicant. 2. An officer or director of the applicant. 3. A person holding more than 10 per cent of the equity shares of the applicant or an officer or director of such person. 4. Any person having a beneficial interest in the operation of the business of the applicant or licensee. R.S.O. 1990, c. C.4, s. 15 (3). Issue of licence (4) The Registrar shall issue a licence to own an identified cemetery or crematorium to an applicant therefor who pays the prescribed fee, complies with the regulations and is not disentitled under subsection (2). R.S.O. 1990, c. C.4, s. 15 (4). Conditions attaching to licence (5) A licence is subject to such conditions as may be consented to by the applicant, imposed by the Tribunal or prescribed. R.S.O. 1990, c. C.4, s. 15 (5). Notice (6) If the Registrar intends to refuse to issue a licence, the Registrar shall give the applicant notice of and reasons for the intention and, at the same time, advise the applicant of the right to appeal. R.S.O. 1990, c. C.4, s. 15 (6). Appeal (7) An applicant who receives a notice under subsection (6) may appeal the intended refusal to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 15 (7). Refusal to issue licence (8) If no appeal is filed under subsection (7), the Registrar may refuse to issue the licence applied for. R.S.O. 1990, c. C.4, s. 15 (8).
Revocation of owner’s licence
16. (1) The Registrar may revoke or refuse to renew a licence to own a cemetery or a crematorium if, (a) the conduct or situation of the licensee is such as to disentitle the licensee from being granted a licence; (b) where the licensee is a corporation, the shareholders of the corporation have changed in the manner and to the extent prescribed; or (c) the Registrar has reasonable and probable grounds to believe that the continued operation of the cemetery or crematorium by the licensee, (i) creates a risk to public health, safety or decency, or (ii) will result in a financial loss by members of the public because provisions of this Act or the regulations are not being complied with. R.S.O. 1990, c. C.4, s. 16 (1). Notice (2) If the Registrar intends to revoke or to refuse to renew a licence, the Registrar shall give the licensee notice of and reasons for the intention and, at the same time, advise the licensee of the right to appeal. R.S.O. 1990, c. C.4, s. 16 (2). Appeal (3) Any licensee who receives a notice under subsection (2) may appeal the intended revocation or refusal to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 16 (3). Delay (4) If an appeal has been filed under subsection (3), the Registrar shall not revoke the licence unless the Tribunal determines that the licence should be revoked. R.S.O. 1990, c. C.4, s. 16 (4). Where no appeal (5) If no appeal is filed under subsection (3), the Registrar may revoke the licence after the time for appeal has expired. R.S.O. 1990, c. C.4, s. 16 (5). Exception to licensing requirement (6) Section 14 does not apply to an owner whose licence is revoked so long as the Registrar is satisfied that the owner is making reasonable efforts to sell the cemetery or crematorium. R.S.O. 1990, c. C.4, s. 16 (6). Manager
Appointment of manager
17. (1) The Director may appoint a manager to operate a cemetery or crematorium in the place of the owner if, (a) the Director has reasonable and probable grounds, based on a statement under oath, to believe that the owner is doing or is about to do something in the operation of the cemetery or crematorium 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 owner’s licence is revoked. R.S.O. 1990, c. C.4, s. 17 (1). Powers of manager (2) A manager appointed under subsection (1) has all the powers of the owner with respect to the operation of the cemetery or crematorium including the power to exclude the owner and, if the owner is a corporation, the directors or officers of the corporation, from the premises of the business. R.S.O. 1990, c. C.4, s. 17 (2). Effect of appointment (3) From the appointment of a manager under subsection (1) until the appointment is cancelled, the owner being replaced does not have the authority to deal with any assets or trust funds relating to the cemetery or crematorium and shall not be involved in the operation of the cemetery or crematorium. R.S.O. 1990, c. C.4, s. 17 (3). Appeal (4) Any person affected by an appointment of a manager may apply to a judge of the Superior Court of Justice for an order cancelling the appointment and the order may include such directions and conditions as seem appropriate. R.S.O. 1990, c. C.4, s. 17 (4); 2001, c. 9, Sched. D, s. 14.
Selling interment rights and supplies
18. (1) No person shall sell interment rights unless that person does so as an agent acting on behalf of a licensed owner. R.S.O. 1990, c. C.4, s. 18 (1). Selling supplies, etc. (2) No person shall act as a sales representative on behalf of an owner unless that person is licensed as a sales representative and represents an owner specified in the sales representative’s licence. R.S.O. 1990, c. C.4, s. 18 (2). Exception for owners (3) Subsections (1) and (2) do not apply to preclude a person licensed as an owner from selling rights, services or supplies to be used in or provided at a cemetery or crematorium owned by that person. R.S.O. 1990, c. C.4, s. 18 (3).
Licence to sell
19. (1) An individual may apply to the Registrar for a licence to act as a sales representative on behalf of an owner. R.S.O. 1990, c. C.4, s. 19 (1). Requirements for licence (2) An applicant is entitled to a licence except if, (a) the past or present conduct of the applicant affords reasonable and probable grounds for believing that the applicant will not carry on business in accordance with the law and with integrity and honesty; (b) the applicant, in receiving the licence, would be in a position of apparent conflict of interest; (c) the applicant does not have a position with a licensed owner or a commitment to be hired by a licensed owner upon receiving a licence; or (d) the applicant has made a false statement or provided false information in an application for a licence. R.S.O. 1990, c. C.4, s. 19 (2). Past conduct (3) A conviction for an offence that involves misrepresentation or a lack of integrity or honesty is evidence, in the absence of evidence to the contrary, that the person convicted will not carry on business in accordance with the law and with integrity and honesty within the meaning of clause (2) (a). R.S.O. 1990, c. C.4, s. 19 (3). Conflict of interest (4) An applicant’s intention to work for more than one owner is evidence, in the absence of evidence to the contrary, of an apparent conflict of interest. R.S.O. 1990, c. C.4, s. 19 (4). Issue of licence (5) The Registrar shall issue a licence to act as a sales representative to every applicant therefor who pays the prescribed fee, complies with the regulations and is not disentitled under subsection (2). R.S.O. 1990, c. C.4, s. 19 (5). Conditions attaching to licence (6) A licence is subject to such conditions as may be consented to by the licensee, imposed by the Tribunal or prescribed. R.S.O. 1990, c. C.4, s. 19 (6). Notice (7) If the Registrar intends to refuse to issue a licence, the Registrar shall give the applicant notice of and reasons for the intention and, at the same time, advise the applicant of the right to appeal. R.S.O. 1990, c. C.4, s. 19 (7). Appeal (8) An applicant who receives a notice under subsection (7) may appeal the intended refusal to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 19 (8). Refusal to issue licence (9) If no appeal is filed under subsection (8), the Registrar may refuse to issue the licence. R.S.O. 1990, c. C.4, s. 19 (9).
Revoking, suspending or refusing to renew sales licence
20. (1) The Registrar may revoke, suspend or refuse to renew a sales representative’s licence if the conduct or situation of the licensee is such as to disentitle the licensee from being granted a licence. R.S.O. 1990, c. C.4, s. 20 (1). Notice (2) If the Registrar intends to revoke, suspend or refuse to renew a licence, the Registrar shall give the licensee notice of and reasons for the intention and, at the same time, advise the licensee of the right to appeal. R.S.O. 1990, c. C.4, s. 20 (2). Immediate suspension (3) If there are grounds to suspend a licence and the Registrar considers it to be in the public interest that the licence be suspended immediately, the Registrar may, by order, suspend a sales representative’s licence with the order taking effect when it is made. R.S.O. 1990, c. C.4, s. 20 (3). Idem (4) An immediate suspension expires fifteen days after it is appealed to the Tribunal unless, before the fifteen days expire, the Tribunal extends the suspension. R.S.O. 1990, c. C.4, s. 20 (4). Appeal (5) Any licensee who receives a notice under subsection (2) may appeal the intended revocation or suspension to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 20 (5). Idem (6) Any licensee whose licence is suspended under subsection (3) may appeal the suspension to the Tribunal. R.S.O. 1990, c. C.4, s. 20 (6). Delay (7) If an appeal has been filed under subsection (5), the Registrar shall not revoke or suspend the licence unless the Tribunal determines that the licence should be revoked or suspended. R.S.O. 1990, c. C.4, s. 20 (7). Where no appeal (8) If no appeal is filed under subsection (5), the Registrar may revoke or suspend the licence after the time for appeal has expired. R.S.O. 1990, c. C.4, s. 20 (8).
Application
21. (1) A person who is refused a licence or a renewal of a licence under this Act may apply for a licence only after one year has passed since the refusal. R.S.O. 1990, c. C.4, s. 21 (1). Idem (2) A person whose licence is revoked under this Act may apply for a licence only after one year has passed since the revocation. R.S.O. 1990, c. C.4, s. 21 (2).
Continuation
22. The licence of a licensee who has applied for a renewal of the licence continues until, (a) the renewal is granted; or (b) if the licensee is served with a notice that the Registrar intends to refuse to renew, the time for appeal has expired or, if an appeal is required, the matter has been finally determined. R.S.O. 1990, c. C.4, s. 22. Consumer Protection
Interment rights
23. (1) An interment rights holder may require, by written demand, the owner to repurchase the rights at any time before they are used. R.S.O. 1990, c. C.4, s. 23 (1). Idem (2) Every owner who receives a demand made under subsection (1) shall repurchase the interment rights within thirty days after receiving the demand. R.S.O. 1990, c. C.4, s. 23 (2). Idem (3) The repurchase price of interment rights shall be determined in the prescribed manner. R.S.O. 1990, c. C.4, s. 23 (3). Idem (4) An interment rights holder or the personal representative of the holder has the right to inter any human remains in a lot or other facility approved under this Act in accordance with the by-laws governing the facility. R.S.O. 1990, c. C.4, s. 23 (4). Idem (5) An interment rights holder or the personal representative of the holder may erect a commemorative marker on a lot or other receptacle for human remains if the erection of the marker is not in contravention of the by-laws governing the facility. R.S.O. 1990, c. C.4, s. 23 (5). Idem (6) Every person has the right to reasonable access to a lot at any time except as prohibited by the by-laws governing the facility. R.S.O. 1990, c. C.4, s. 23 (6). Idem (7) An interment rights holder and the relatives of any person whose remains are interred in a cemetery have the right to decorate the appropriate lot if the decoration is not in contravention of the by-laws governing the facility. R.S.O. 1990, c. C.4, s. 23 (7). Exception (8) Subsection (1) does not apply to require repurchase of interment rights in a plot in which any interment rights have been exercised. R.S.O. 1990, c. C.4, s. 23 (8).
Pre-need services or supplies
24. (1) A purchaser of pre-need supplies or services from an owner may cancel, by written notice to the owner, the contract to purchase at any time before the services or the supplies are provided or if the owner contravenes subsection (5). R.S.O. 1990, c. C.4, s. 24 (1). Idem (2) Subsection (1) or (5) does not apply if the supplies or services are provided within thirty days after the contract is made because of the death of the person for whom the supplies or services were contracted. R.S.O. 1990, c. C.4, s. 24 (2). Idem (3) Subject to subsection (4), an owner who receives a notice that a contract is cancelled under this section shall refund to the purchaser all money, together with all income thereon, received under the contract within thirty days after receiving the notice. R.S.O. 1990, c. C.4, s. 24 (3). Idem (4) An owner to whom this section applies may retain a service fee determined in the prescribed manner unless the contract is cancelled within thirty days after it is made. R.S.O. 1990, c. C.4, s. 24 (4). Prohibition (5) No owner shall provide pre-need supplies or services under a contract within the thirty-day period immediately following the day the contract is made. R.S.O. 1990, c. C.4, s. 24 (5). Application (6) This section applies to contracts for pre-need supplies or services whether the contracts were made before or after this section comes into force. R.S.O. 1990, c. C.4, s. 24 (6).
Contract requirements
25. (1) A contract for the purchase of interment rights or cemetery supplies or services is not enforceable by an owner unless, (a) it is written, signed by both parties and complies with the regulations; (b) it sets out the purchaser’s cancellation rights under this Act and whether or not cemetery supplies or services are to be provided before the death of the person for whom they are contracted; (c) the owner complies with subsections (2) and (3); and (d) the owner delivers a signed copy of the contract to the purchaser at the time the contract is made. R.S.O. 1990, c. C.4, s. 25 (1). Idem (2) An owner who sells interment rights must deliver to the purchaser at the time the contract is made a copy of the by-laws of the cemetery and a certificate of interment rights. R.S.O. 1990, c. C.4, s. 25 (2). Idem (3) An owner who sells pre-need supplies or services must set out in the contract exactly what the supplies or services are and the price charged for them. R.S.O. 1990, c. C.4, s. 25 (3). Refund with interest (4) An owner who receives money under a contract that is not enforceable because of the application of this section shall refund to the purchaser, immediately upon written demand, with interest at the prescribed rate, all money received. R.S.O. 1990, c. C.4, s. 25 (4). Idem (5) Subsection (4) applies even though the owner has paid the money into a trust fund that is not accessible to the owner. R.S.O. 1990, c. C.4, s. 25 (5). Exception (6) Subsection (4) does not apply, in the case of interment rights, after the rights are used or, in the case of cemetery supplies or services, after the supplies or services are provided. R.S.O. 1990, c. C.4, s. 25 (6).
Public information
26. Every owner shall make such information as is prescribed available to the public in the manner and form prescribed. R.S.O. 1990, c. C.4, s. 26.
Price list
27. (1) Every owner shall file with the Registrar a price list of all interment rights and cemetery services and supplies that may be sold and all charges that may be made by that owner. R.S.O. 1990, c. C.4, s. 27 (1). Idem (2) No owner shall charge or collect or receive money for interment rights or cemetery supplies or services that is more than the price for the rights, supplies or services filed by the owner with the Registrar and not disallowed. R.S.O. 1990, c. C.4, s. 27 (2). Approval of list (3) The Registrar, upon receiving a price list, may disallow, within thirty days after the list is filed, any price that, in the opinion of the Registrar, is excessive or significantly higher than current market price for the supplies, services or rights within the applicable area. R.S.O. 1990, c. C.4, s. 27 (3). Notice of disallowance (4) The Registrar shall give immediate written notice to the owner who filed the price list of any price on the list that is disallowed and, in the notice, shall give the reasons for the disallowance. R.S.O. 1990, c. C.4, s. 27 (4). Appeal (5) If the Registrar disallows a price on a price list, the owner who filed the list may appeal the disallowance to the Tribunal. R.S.O. 1990, c. C.4, s. 27 (5). Repayment (6) An owner who has charged any person a price that is disallowed by the Registrar shall pay, forthwith, to that person the difference between the price charged and the price allowed. R.S.O. 1990, c. C.4, s. 27 (6).
Advertising
28. (1) If the Registrar believes, on reasonable and probable grounds, that any person licensed under this Act has made a false or misleading public representation or a representation that is in contravention of this Act or the regulations, the Registrar shall order that person to stop making the representation and, in the order, shall set out the reasons for the order. R.S.O. 1990, c. C.4, s. 28 (1). Compliance with order (2) A person who receives an order under subsection (1) shall immediately comply with the order and shall refrain from making the representation, in any form, in the future. R.S.O. 1990, c. C.4, s. 28 (2). Appeal (3) Any person who receives an order under subsection (1) may appeal the order to the Tribunal. R.S.O. 1990, c. C.4, s. 28 (3). Stay of order (4) The Tribunal may issue a stay of any order made by the Registrar under subsection (1). R.S.O. 1990, c. C.4, s. 28 (4).
Soliciting prohibited
29. (1) No person shall contact, in any way, a person in a hospital, long-term care home or such other institution as is prescribed for the purpose of suggesting that a contract for the purchase of interment rights or cemetery supplies or services be made. R.S.O. 1990, c. C.4, s. 29 (1); 2007, c. 8, s. 196. Idem (2) No person shall contact, by telephone or in person, a person for the purpose of suggesting that a contract for the purchase of interment rights or cemetery supplies or services be made. R.S.O. 1990, c. C.4, s. 29 (2). Exception (3) This section does not prohibit any contact made at the request of the person being contacted. R.S.O. 1990, c. C.4, s. 29 (3). Regulations (4) The Lieutenant Governor in Council may make regulations defining “contract” for the purpose of this section. R.S.O. 1990, c. C.4, s. 29 (4).
Abandoned interment rights
30. (1) A cemetery owner may apply to the Registrar for a declaration that interment rights are abandoned. R.S.O. 1990, c. C.4, s. 30 (1). Idem (2) An application may be made under subsection (1) only in respect of interment rights that had been sold at least twenty years before the application and have not been used. R.S.O. 1990, c. C.4, s. 30 (2). Inquiry (3) The Registrar, on receiving an application under subsection (1), shall make such inquiry and direct the applicant to give such notices as seem reasonable in the circumstances. R.S.O. 1990, c. C.4, s. 30 (3). Declaration (4) Upon being satisfied that the rights are abandoned, the Registrar shall issue a declaration to that effect. R.S.O. 1990, c. C.4, s. 30 (4). Notice (5) The Registrar shall give notice of the declaration or the decision to not make the declaration to the applicant and to every person who has indicated to the Registrar an interest in the matter. R.S.O. 1990, c. C.4, s. 30 (5). Appeal (6) Any person who has an interest in the matter may appeal the decision of the Registrar to the Tribunal within thirty days after notice of the decision is given under subsection (5). R.S.O. 1990, c. C.4, s. 30 (6).
Right to sell abandoned rights
31. A cemetery owner may resell interment rights that have been declared abandoned, (a) if there is no appeal, at the end of the time for appeal; or (b) if there is an appeal, when the appeal has been finally determined supporting the declaration. R.S.O. 1990, c. C.4, s. 31.
Rights holder’s protection
32. (1) Any person whose interment rights have been resold after being declared abandoned may apply to the Registrar for redress. R.S.O. 1990, c. C.4, s. 32 (1). Idem (2) The Registrar, upon receiving an application under subsection (1), shall order the cemetery owner or the owner’s successor, as the case may be, to provide, subject to subsection (6), better or equivalent interment rights in that cemetery or to refund an amount determined as prescribed. R.S.O. 1990, c. C.4, s. 32 (2). Idem (3) Any person whose interment rights have been declared abandoned but have not been resold may apply to the Registrar to have those rights restored. R.S.O. 1990, c. C.4, s. 32 (3). Idem (4) The Registrar, upon receiving an application under subsection (3), shall order that the declaration be cancelled and that the rights be restored to the person entitled thereto. R.S.O. 1990, c. C.4, s. 32 (4). Exception (5) This section does not apply in respect of interment rights in cemeteries that are abandoned. R.S.O. 1990, c. C.4, s. 32 (5). Idem (6) If the cemetery referred to in subsection (2) is one in which interment rights are not available but the owner owns a cemetery in which interment rights are available, the applicant shall be given the option of accepting better or equivalent interment rights in that cemetery. R.S.O. 1990, c. C.4, s. 32 (6).
Markers
33. (1) If a marker has been erected on a lot that is the subject-matter of a declaration of abandonment, the cemetery owner shall remove and store it at the owner’s expense for at least twenty years. R.S.O. 1990, c. C.4, s. 33 (1). Idem (2) If an order is made under subsection 32 (2) to provide alternate interment rights, the cemetery owner shall re-erect the marker at the new site at the owner’s expense. R.S.O. 1990, c. C.4, s. 33 (2). Idem (3) If subsection (2) does not apply, the cemetery owner may dispose of the marker at the expiration of the twenty-year period. R.S.O. 1990, c. C.4, s. 33 (3). Assisted burials
Cemetery
34. (1) A cemetery owner who has available space shall provide, upon receiving a written instruction from a welfare administrator, (a) a lot for the interment of the remains of any person referred to in the instruction; (b) opening and closing services in conjunction with the interment; and (c) such other related services as are prescribed. R.S.O. 1990, c. C.4, s. 34 (1). Crematorium (2) A crematorium owner shall provide, upon receiving a written instruction from a welfare administrator, (a) a crematorium service for the remains of any person referred to in the instruction; and (b) such other related services as are prescribed. R.S.O. 1990, c. C.4, s. 34 (2). Exception (3) Subsections (1) and (2) do not apply to require a religious organization to inter or cremate the remains of a person who is disentitled to burial or cremation in a cemetery or crematorium owned by that organization. R.S.O. 1990, c. C.4, s. 34 (3). Payment (4) An owner who provides a service under this section is entitled to be paid the prescribed amount for the service by the welfare administrator. R.S.O. 1990, c. C.4, s. 34 (4). Welfare administrator (5) The Lieutenant Governor in Council may make regulations defining “welfare administrator” for the purpose of this section and designating persons by title or job description who are considered welfare administrators for this purpose. R.S.O. 1990, c. C.4, s. 34 (5). Trust Funds
Care and maintenance trust funds
35. (1) Every cemetery owner who sells, assigns or transfers interment rights shall establish with a corporation registered under the Loan and Trust Corporations Act, or with a credit union or a league to which the Credit Unions and Caisses Populaires Act, 1994 applies, with that corporation, credit union or league as trustee, a trust fund designated in English as the Care and Maintenance Fund and in French as fonds d’entretien for the purpose of providing money for the care and maintenance of the cemetery. R.S.O. 1990, c. C.4, s. 35 (1); 1994, c. 11, s. 382 (1). Payments into fund (2) An owner who is required to establish a fund under this section shall pay into the fund prescribed amounts within the prescribed times. R.S.O. 1990, c. C.4, s. 35 (2). Payments out of fund (3) A trustee of a fund established under this section shall pay the income from the fund, after deducting therefrom the trustee’s fees, to the owner of the cemetery involved. R.S.O. 1990, c. C.4, s. 35 (3). Use of money (4) An owner receiving money pursuant to subsection (3) shall use the money for the upkeep of the cemetery and the markers and structures therein in the prescribed manner. R.S.O. 1990, c. C.4, s. 35 (4). Capital portion (5) No trustee of a fund established under this section shall pay out any of the capital portion of the fund. R.S.O. 1990, c. C.4, s. 35 (5). Idem (6) Subsection (5) does not apply to preclude a trustee from transferring the fund, with the consent of the Registrar, to another trustee. R.S.O. 1990, c. C.4, s. 35 (6). Municipal owners (7) Despite subsection (1), an owner that is a municipality may act as the trustee of a Care and Maintenance Fund established by that municipality. R.S.O. 1990, c. C.4, s. 35 (7).
Pre-need assurance trust funds
36. (1) Every owner who sells pre-need cemetery supplies or services shall establish with a corporation registered under the Loan and Trust Corporations Act, or with a credit union or a league to which the Credit Unions and Caisses Populaires Act, 1994 applies, with that corporation, credit union or league as trustee, a trust fund designated in English as the Pre-need Assurance Fund and in French as fonds de prévoyance. R.S.O. 1990, c. C.4, s. 36 (1); 1994, c. 11 s. 382 (2). Idem (2) Subsection (1) applies to an owner in respect of sales made by a person that the owner is associated or affiliated with in a manner that is prescribed. R.S.O. 1990, c. C.4, s. 36 (2). Payments into fund (3) An owner who is required to establish a fund under this section shall pay into the fund all money received for pre-need supplies or services within the prescribed times. R.S.O. 1990, c. C.4, s. 36 (3). Trust funds (4) A trustee of a fund established under this section shall hold all money received for the benefit of the purchaser until that portion of the contract in respect of which the money was paid is completed. R.S.O. 1990, c. C.4, s. 36 (4). Idem (5) When a portion of a contract is completed, the trustee shall pay to the owner the lesser of, (a) the current market price filed with the Registrar for the supplies or services; or (b) an amount equal to the payments made for the supplies or services together with income accrued on those payments. R.S.O. 1990, c. C.4, s. 36 (5). Idem (6) If the amount referred to in clause (5) (b) exceeds the price referred to in clause (5) (a), the trustee shall pay the amount of the excess to the owner. R.S.O. 1990, c. C.4, s. 36 (6). Prior cancellation (7) If a contract in respect of which money is held in the trust fund is cancelled, the trustee shall pay, to the owner, the amount of the initial payments together with income accrued on that amount. R.S.O. 1990, c. C.4, s. 36 (7). Payment to purchaser (8) Subject to subsection 24 (4), an owner who receives a payment under subsection (7) shall pay the amount to the purchaser involved within twenty days after receiving the payment. R.S.O. 1990, c. C.4, s. 36 (8). Idem (9) An owner who receives a payment under subsection (6) shall pay the amount to the purchaser or, if an interment has taken place, to the estate of the person interred within twenty days after receiving the payment. R.S.O. 1990, c. C.4, s. 36 (9). Municipal owners (10) Despite subsection (1), an owner that is a municipality may act as the trustee of a Pre-need Assurance Fund established by that municipality. R.S.O. 1990, c. C.4, s. 36 (10).
Restrictions on trust agreements
37. (1) No investment of money in a trust established pursuant to this Act shall be made except as permitted under the Trustee Act. R.S.O. 1990, c. C.4, s. 37. Same (2) Section 26 of the Trustee Act does not apply to subsection (1). 1998, c. 18, Sched. B, s. 2.
Marker installation
38. (1) Every person installing a marker in a cemetery shall pay to the cemetery owner the prescribed amount. R.S.O. 1990, c. C.4, s. 38 (1). Payment into fund (2) An owner receiving money pursuant to subsection (1) shall pay the money into the Care and Maintenance Fund established for that cemetery. R.S.O. 1990, c. C.4, s. 38 (2). Idem (3) An owner who does not receive payment under subsection (1) for a marker shall pay into the Care and Maintenance Fund a prescribed amount. R.S.O. 1990, c. C.4, s. 38 (3).
Trust funds held by owner
39. (1) All money received by an owner that is required to be paid into a trust fund but that is not immediately turned over to a trustee of a trust fund shall be deposited by the owner in a trust account with a credit union registered under the Credit Unions and Caisses Populaires Act, a bank listed in Schedule I or II of the Bank Act (Canada) or a trust or loan corporation registered under the Loan and Trust Corporations Act. R.S.O. 1990, c. C.4, s. 39 (1); 1994, c. 11, s. 382 (3); 2002, c. 8, Sched. I, s. 4. Idem (2) Money deposited by an owner in a trust account under subsection (1) shall be placed by the owner into a trust fund or otherwise paid out in accordance with this Act or the regulations within the time prescribed. R.S.O. 1990, c. C.4, s. 39 (2).
Providing information, etc.
40. (1) The Registrar or the Public Guardian and Trustee may require any owner or trustee to provide, (a) any information on trust accounts or trust funds that the owner or trustee is involved with; and (b) audited financial statements on any trust account or trust fund relating to a cemetery or crematorium that the owner or trustee is involved with. R.S.O. 1990, c. C.4, s. 40 (1). Idem (2) Every owner or trustee who receives a request pursuant to subsection (1) shall forthwith provide all the information or statement required or an explanation as to why it is not possible to provide the information or statement. R.S.O. 1990, c. C.4, s. 40 (2).
Passing accounts
41. (1) The Registrar or the Public Guardian and Trustee may apply to the Superior Court of Justice to pass the accounts of any trust fund. R.S.O. 1990, c. C.4, s. 41 (1); 2001, c. 9, Sched. D, s. 14. Idem (2) The court, on passing any account, may review and pass upon any agreement made by an owner of a cemetery or crematorium. R.S.O. 1990, c. C.4, s. 41 (2). Idem (3) The court, on passing any account, may make any order that it considers necessary to ensure that the trust is carried out. R.S.O. 1990, c. C.4, s. 41 (3).
No compensation to owner
42. No cemetery or crematorium owner shall charge or receive any compensation or payment for the effort or expense of establishing or maintaining a trust fund. R.S.O. 1990, c. C.4, s. 42.
Use of Public Guardian and Trustee
43. (1) Despite subsections 35 (1) and 36 (1), an owner who does not have a practical alternative may require the Public Guardian and Trustee to act as a trustee for that owner’s Care and Maintenance Fund or Pre-need Assurance Fund. R.S.O. 1990, c. C.4, s. 43 (1). Interested parties (2) The Registrar and the Public Guardian and Trustee have an interest in all trust funds. R.S.O. 1990, c. C.4, s. 43 (2). Cemetery and Crematorium Operations
Maintenance by cemetery owner
44. (1) Every cemetery owner shall maintain, without charge to interment rights holders, the grounds of the cemetery, including all lots, structures and markers, to ensure the safety of the public and to preserve the dignity of the cemetery. R.S.O. 1990, c. C.4, s. 44 (1). Exception (2) Despite subsection (1), an owner of a non-commercial cemetery may charge interment rights holders, at a rate approved by the Registrar, for the maintenance of lots and markers that were sold before 1955 if there were no trust funds collected for that purpose. R.S.O. 1990, c. C.4, s. 44 (2).
Operating with funeral establishment, etc.
45. No owner shall carry on business, in a manner prescribed, in conjunction with a person licensed to operate a funeral establishment or transfer service. R.S.O. 1990, c. C.4, s. 45.
Good order
46. Every cemetery owner shall ensure that all interments in the cemetery are carried out in a decent and orderly manner and that quiet and good order are maintained in the cemetery at all times. R.S.O. 1990, c. C.4, s. 46.
Interment in cemetery only
47. No person shall inter human remains except in a cemetery that has been consented to by the Registrar and is owned by an owner licensed under this Act. R.S.O. 1990, c. C.4, s. 47.
Repairing markers
48. If a marker in a cemetery presents a risk to public safety because it is unstable, the owner of the cemetery shall do whatever is necessary by way of repairing, resetting or laying down the marker so as to remove the risk. R.S.O. 1990, c. C.4, s. 48.
Mortgage on cemetery
49. (1) No encumbrance or charge on a cemetery or crematorium is enforceable unless it was given as security for money borrowed for, (a) the purpose of improving the facilities provided; (b) the purpose of acquiring land for a cemetery or crematorium; or (c) a purpose, approved by the Registrar, relating to the operation of the cemetery or crematorium. R.S.O. 1990, c. C.4, s. 49 (1). Restriction (2) No encumbrancer claiming an interest in a cemetery or crematorium may deal with the cemetery or crematorium except in accordance with this Act. R.S.O. 1990, c. C.4, s. 49 (2).
By-laws
50. (1) No person shall operate a cemetery or crematorium except in accordance with the by-laws applying to that cemetery or crematorium. R.S.O. 1990, c. C.4, s. 50 (1). Owner’s by-laws (2) An owner of a cemetery or crematorium may make by-laws affecting the operation of the cemetery or crematorium. R.S.O. 1990, c. C.4, s. 50 (2). When effective (3) No by-law made by an owner is effective until it is filed with and approved by the Registrar. R.S.O. 1990, c. C.4, s. 50 (3). Prescribed by-laws (4) The Lieutenant Governor in Council may make regulations prescribing by-laws that apply to cemeteries or crematoria or to any prescribed classes of cemeteries or crematoria. R.S.O. 1990, c. C.4, s. 50 (4). Notice of by-laws (5) An owner filing a by-law shall give such notice as is prescribed to such classes of persons as are prescribed. R.S.O. 1990, c. C.4, s. 50 (5). Approval by Registrar (6) A by-law filed with the Registrar under this section shall be approved by the Registrar unless the approval is not in the public interest or the effect of the by-law is to give the owner an unreasonable or unfair competitive advantage over another supplier of cemetery services or supplies. R.S.O. 1990, c. C.4, s. 50 (6). Revocation of by-laws (7) The Registrar may revoke any by-law that the Registrar could have refused to approve under subsection (6). R.S.O. 1990, c. C.4, s. 50 (7). Idem (8) Subsection (7) applies even though the Registrar has previously approved the by-law. R.S.O. 1990, c. C.4, s. 50 (8). Notice of disallowance or revocation (9) If the Registrar intends to refuse to approve or revoke a by-law, the Registrar shall give the owner notice of the intention and, at the same time, advise the owner of the right to appeal. R.S.O. 1990, c. C.4, s. 50 (9). Appeal (10) An owner who receives a notice under subsection (9) may appeal the intended refusal or revocation to the Tribunal within fifteen days after receiving the notice. R.S.O. 1990, c. C.4, s. 50 (10). Delay in revocation (11) If an appeal is filed against an intended revocation, the Registrar shall not revoke the by-law unless the Tribunal determines that the by-law should be revoked. R.S.O. 1990, c. C.4, s. 50 (11). Where no appeal (12) If no appeal is filed against an intended revocation, the Registrar may revoke the by-law after the time for appeal has expired. R.S.O. 1990, c. C.4, s. 50 (12).
Disinterment
51. (1) Subject to subsection (2), no person shall disinter any human remains without, (a) the prior consent of the interment rights holder; and (b) notifying the proper medical officer of health. R.S.O. 1990, c. C.4, s. 51 (1). Where consent not required (2) Subsection (1) does not apply to a disinterment ordered by, (a) a court of competent jurisdiction; (b) a coroner appointed under the Coroners Act; (c) the Attorney General or Solicitor General for Ontario; or (d) the Registrar under section 9. R.S.O. 1990, c. C.4, s. 51 (2). Idem (3) For the purpose of clause (1) (a), the consent of the Registrar may be substituted for that of the interment rights holder if, (a) the whereabouts of an interment rights holder are not known; (b) the interment rights holder is not readily ascertainable; or (c) the interment rights holder is not able to consent. R.S.O. 1990, c. C.4, s. 51 (3). Compliance with regulations (4) No person shall disinter human remains except in accordance with the regulations. R.S.O. 1990, c. C.4, s. 51 (4). Exception (5) Clause (1)(b) does not apply to the disinterment of cremated human remains. R.S.O. 1990, c. C.4, s. 51 (5).