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 or 56.  2006, c. 34, Sched. D, s. 34 (2). Payments into trust (4) A licensee shall pay the money that is required to be held in trust into a trust account within the prescribed time.  2002, c. 33, s. 52 (4). Payment out (5) Money held in trust under this section and any income from the money shall not be paid out except in accordance with the regulations.  2006, c. 34, Sched. D, s. 34 (3). Refunds (6) This section does not apply to a refund amount owing under a contract if the amount of the refund is less than a prescribed amount.  2006, c. 34, Sched. D, s. 34 (3). Application (7) This section applies to money received by an operator under a contract entered into on or after the day this section comes into force.  2006, c. 34, Sched. D, s. 34 (3). Transition (8) 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, under a contract entered into before the day this section comes into force shall ensure that the money is held in trust and disbursed in accordance with the rules established under the Cemeteries Act (Revised) or the Funeral Directors and Establishments Act, as applicable, even if the operator receives the money on or after the day this section comes into force.  2006, c. 34, Sched. D, s. 34 (3). Same (9) Subject to subsection (11), if, immediately before the day this subsection comes into force, an operator was licensed under the Cemeteries Act (Revised) or under the Funeral Directors and Establishments Act and was holding in trust money under either of those Acts, other than money in a care and maintenance fund, the operator shall, (a)  continue to hold the money in trust on and after that day in accordance with the rules established under the applicable one of those two Acts that are in force immediately before that day; and (b)  disburse the money on or after that day, in accordance with the rules established under the applicable one of those two Acts.  2006, c. 34, Sched. D, s. 34 (3). Same, income (10) The definition of “income” does not apply to money described in subsection (8) or (9).  2006, c. 34, Sched. D, s. 34 (3). Conflict (11) The rules under the Cemeteries Act (Revised) and the Funeral Directors and Establishments Act prevail with respect to money described in subsection (8) or (9) unless the regulations provide otherwise.  2006, c. 34, Sched. D, s. 34 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 34 (1-3) - 01/07/2012