Definitions
1. In this Act, “burial site” means land containing human remains that has not been approved or consented to as a cemetery in accordance with this Act or a predecessor of this Act; (“lieu de sépulture”) “by-laws”, when used in relation to a cemetery, means the rules under which a cemetery or crematorium is operated; (“règlements administratifs”) “cemetery” means land set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other structure intended for the interment of human remains; (“cimetière”) “cemetery services” means, (a) in respect of a lot, (i) opening and closing of a grave, (ii) interring or disinterring human remains, (iii) providing temporary storage in a receiving vault, (iv) construction of a foundation for a marker, (v) setting of corner posts, (vi) providing, (A) a tent or canopy, (B) carrying and lowering devices, and (C) ground cover, for an interment service, and (vii) preparing flower beds and planting flowers and shrubs, (b) in respect of a crypt or compartment in a mausoleum, (i) opening, closing and sealing of the crypt or compartment, (ii) providing temporary storage in a vault or crypt, (iii) providing a tent or canopy for an interment service, and (iv) providing elevating devices, (c) in respect of a niche or compartment in a columbarium, (i) opening, closing and sealing of the niche or compartment, and (ii) providing a tent or canopy for an interment service, (d) in respect of a crematorium, all services provided by the owner of the crematorium at the crematorium, and (e) in respect of a cemetery, such other services as are provided by the owner of the cemetery at the cemetery; (“services de cimetière”) “cemetery supplies” includes interment vaults, markers, flowers, liners, urns, shrubs and artificial wreaths and other articles intended to be placed in a cemetery; (“fournitures de cimetière”) “columbarium” means a structure designed for the purpose of interring cremated human remains in sealed compartments; (“columbarium”) “commercial cemetery” means a cemetery operated for the purpose of making a profit for the owner; (“cimetière commercial”) “crematorium” means a building fitted with appliances for the purpose of cremating human remains and includes everything incidental and ancillary thereto; (“crématoire”) “Director” means a Director under the Ministry of Consumer and Business Services Act; (“directeur”) “equity share” means a share of a class of shares that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; (“action participante”) “human remains” means a dead human body and includes a cremated human body; (“restes humains”) “income” means the interest or money earned, including the compounding thereof, by the investment of funds; (“revenu”) “inter” means the burial of human remains and includes the placing of human remains in a lot; (“inhumer”) “interment rights” includes the right to require or direct the interment of human remains in a lot; (“droits d’inhumation”) “interment rights holder” means a person with interment rights with respect to a lot and includes a purchaser of interment rights under the Cemeteries Act, being chapter C.3 of the Revised Statutes of Ontario, 1990, or a predecessor of that Act; (“titulaire de droits d’inhumation”) “land registry office” means the land registry office or the land titles office in the area in which a cemetery is located; (“bureau d’enregistrement immobilier”) “lot” means an area of land in a cemetery containing, or set aside to contain, human remains and includes a tomb, crypt or compartment in a mausoleum and a niche or compartment in a columbarium; (“lot”) “marker” means any monument, tombstone, plaque, headstone, cornerstone, or other structure or ornament affixed to or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains; (“repère”) “mausoleum” means a building or structure, other than a columbarium, used as a place for the interment of the human remains in sealed crypts or compartments; (“mausolée”) “Minister” means the Minister of Consumer and Business Services; (“ministre”) “municipality” includes an entity having municipal jurisdiction in the area in which a cemetery is located, but does not include an upper-tier municipality; (“municipalité”) “owner” means an owner of a cemetery or a crematorium; (“propriétaire”) “person” includes a board of trustees, local council of a municipality or other organization or group of persons organized for the purpose of operating or managing a cemetery; (“personne”) “plot” means two or more lots in which the rights to inter have been sold as a unit; (“concession”) “pre-need supplies or services” means cemetery supplies or services that are not required to be provided until the death of a person alive at the time the arrangements are made; (“fournitures ou services de prévoyance”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “Registrar” means the Registrar appointed under this Act; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “sales representative” means, (a) a person who sells or offers for sale interment rights or cemetery supplies or services on behalf of a commercial cemetery, or (b) a person whose primary employment is selling interment rights or cemetery supplies or services; (“représentant”) “Tribunal” means the Licence Appeal Tribunal; (“Tribunal”) “trust fund” means a trust fund established for the purpose of this Act. (“fonds en fiducie”) R.S.O. 1990, c. C.4, s. 1; 1999, c. 12, Sched. G, s. 15 (1); 2001, c. 9, Sched. D, s. 13; 2002, c. 17, Sched. F, Table; 2006, c. 34, s. 4. Consent to Establish Cemetery or Crematorium