jswizzle3737/ontario_laws_and_regs huggingface dataset:
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. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 2 - 01/07/2012 part ii   administration
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). 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 (2). Deputy director, duties (3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence.  2002, c. 33, s. 2 (3). Deputy director (4) Where more than one deputy director has been appointed, only one deputy director may act as the director under subsection (3) at any one time.  2002, c. 33, s. 2 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 11, s. 47 (2) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
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). 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 subsection (1).  2002, c. 33, s. 3 (2). Powers and duties (3) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act and a deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar’s absence.  2002, c. 33, s. 3 (3); 2009, c. 33, Sched. 10, s. 8 (1). Deputy registrar (4) If more than one deputy registrar has been appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time.  2002, c. 33, s. 3 (4). Transition (5) The Minister shall appoint the Registrar appointed under the Board of Funeral Services Act as registrar for the purposes of this Act, to exercise all the powers and duties of the registrar under this Act in relation to licensees who are also licensees as defined in section 1 of that Act until the day the Board of Funeral Services Act is repealed under section 139.  2002, c. 33, s. 3 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 10, s. 8 (1) - 01/07/2012 2012, c. 8, Sched. 11, s. 47 (3) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 part iii   prohibitions and general duties re: operation of businesses Prohibitions respecting 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. Land for scattering (5) No person shall maintain or set aside land to be used for the purpose of scattering cremated human remains unless the person is licensed as a cemetery operator and the land is within a cemetery.  2006, c. 34, Sched. D, s. 3 (3). Fee for scattering (6) No person shall charge a fee for the use of land for scattering cremated human remains unless the person is a licensed cemetery operator and the scattering takes place on land within a cemetery.  2006, c. 34, Sched. D, s. 3 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 3 (1-3) - 01/07/2012 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 Duties in operating cemeteries
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 and markers, are maintained to ensure the safety of the public and to preserve the dignity of the cemetery; and (c)  every person has reasonable access to a lot or scattering ground at any time except as prohibited by the cemetery by-laws.  2002, c. 33, s. 5 (3). (4) Repealed:  2006, c. 34, Sched. D, s. 4 (2). Operator’s duties re: employees, etc. (5) A cemetery 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. 5 (5); 2006, c. 34, Sched. D, s. 4 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 4 (1-3) - 01/07/2012 Prohibitions respecting 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). 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. 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). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 5 (1, 2) - 01/07/2012 Duties in operating crematoriums
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). 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. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 6 - 01/07/2012 Prohibitions respecting 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, c. 34, Sched. D, s. 7 - 01/07/2012 Duties respecting the operation of funeral establishments
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 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 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
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 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. 12 (4); 2006, c. 34, Sched. D, s. 11 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 11 (1, 2) - 01/07/2012
13 (1) If a person was licensed as a cemetery owner under the Cemeteries Act (Revised) on the day immediately before section 4 of this Act comes into force, the person shall, beginning on the day that section comes into force, be deemed to be licensed as a cemetery operator under this Act until the person is required to renew the licence under this Act.  2006, c. 34, Sched. D, s. 12. Crematorium owner (2) If a person was licensed as a crematorium owner under the Cemeteries Act (Revised) on the day immediately before section 6 of this Act comes into force, the person shall, beginning on the day that section comes into force, be deemed to be licensed as a crematorium operator under this Act until the person is required to renew the licence under this Act.  2006, c. 34, Sched. D, s. 12. Certain operators (3) Any person who held a licence as the operator of a funeral establishment or as the operator of a transfer service under the Funeral Directors and Establishments Act
on the day immediately before section 8 or 12 of this Act comes into force shall be deemed to hold an equivalent licence under this Act until the person is required to renew the licence under this Act.  2006, c. 34, Sched. D, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 12 - 01/07/2012 part iv   licensing
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 date in force (d/m/y) 2006, c. 34, Sched. D, s. 14 (1, 2) - 01/07/2012
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 (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
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 in accordance with subsection (2), the registrar may carry out the proposal.  2002, c. 33, s. 18 (4). Hearing and order (5) If a hearing is requested, the Tribunal shall hold the hearing and may by order direct the registrar to carry out the registrar’s proposal or substitute its opinion for that of the registrar and may attach conditions to its order or to a licence.  2002, c. 33, s. 18 (5). Parties (6) The registrar, the applicant or licensee and such other persons as the Tribunal may specify are parties to the proceedings under this section.  2002, c. 33, s. 18 (6). Immediate effect pending appeal (7) Even if a licensee appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.  2002, c. 33, s. 18 (7).
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 hearing commences; and (b)  once the hearing commences, until the hearing is concluded.  2002, c. 33, s. 19 (4).
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).
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.
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.
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
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.
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; or (b)  if the cemetery operator or the cemetery owner is a corporation, exclude the directors and officers of the corporation from the premises of the business.  2002, c. 33, s. 25 (2). Effect of appointment (3) From the time a manager is appointed under subsection (1) until the day the appointment is cancelled, the person licensed to operate the cemetery shall not deal with any assets or trust funds relating to the cemetery and shall not be involved in the operation of the cemetery.  2002, c. 33, s. 25 (3). Cancellation (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 seems appropriate.  2002, c. 33, s. 25 (4).
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 or transfer, unless otherwise prescribed.  2006, c. 34, Sched. D, s. 18. Same (2) Despite subsection (1), if a licensee that is a corporation becomes aware of a transfer that otherwise falls into subsection (1) after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.  2002, c. 33, s. 26 (2). Calculation of total number of equity shares (3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the 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 it carries.  2002, c. 33, s. 26 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 18 - 01/07/2012 part v   consumer protection General
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.
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 Tribunal may grant a stay until the registrar’s order becomes final.  2002, c. 33, s. 28 (3). Preapproval (4) If the licensee does not appeal an order under this section or if the Tribunal upholds the order or a variation of it, the licensee shall, upon the request of the registrar and subject to subsection (5), submit all statements in any advertisement, circular, pamphlet, brochure, price list, contract, letterhead or similar material to the registrar for approval before publication.  2006, c. 34, Sched. D, s. 19 (2). Duration of duty (5) The licensee shall submit statements under subsection (4) for a period of time that the registrar designates, which shall not exceed 12 months.  2006, c. 34, Sched. D, s. 19 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 19 (1, 2) - 01/07/2012 Prohibitions against soliciting
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 provided under the contract are not for the personal use or benefit of the other licensee or business.  2002, c. 33, s. 29 (3); 2006, c. 34, Sched. D, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 20 - 01/07/2012 2007, c. 8, s. 205
- 01/07/2012
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.
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.
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).
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).
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
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). 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
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
38.1 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
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
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 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 scattering rights to a third party, and (ii)  a description of the location of the scattering ground where the rights may be exercised; (g)  in the case of a contract for the purchase of crematorium supplies and services, the operator delivers to the purchaser a copy of the crematorium’s by-laws; and (h)  such other requirements as may be prescribed are met.  2002, c. 33, s. 40 (1). Right of action (2) A purchaser under a contract that does not meet the requirements of clauses (1) (a), (b) or (c) or in respect of which the operator has not complied with the requirements of clauses (1) (d), (e), (f), (g) or (h) may bring an action in a court of competent jurisdiction to recover any amounts paid under the contract together with costs if, (a)  the purchaser has given the operator notice of cancellation under subsection 41 (1); and (b)  the operator has refused to pay the purchaser the amount payable under subsection 41 (2).  2002, c. 33, s. 40 (2). Exception (3) Subsections (1) and (2) do not apply to a contract for the provision of licensed supplies or services in the prescribed circumstances.  2006, c. 34, Sched. D, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 24 - 01/07/2012
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 under this section, the purchaser shall, subject to the regulations, (a)  permit the supplies to be repossessed by the operator who delivered them; (b)  return the supplies to the operator; or (c)  deal with them in such manner as may be prescribed.  2002, c. 33, s. 41 (4). Reasonable care (5) If a purchaser cancels a contract under this section, the purchaser shall take reasonable care of the licensed supplies delivered to the purchaser under the contract for the prescribed period.  2002, c. 33, s. 41 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 25 (1, 2) - 01/07/2012
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 licensed supplies and services provided for under the contract have been delivered or performed.  2002, c. 33, s. 42 (4); 2006, c. 34, Sched. D, s. 26 (2). Repossession or return of supplies (5) Subsections 41 (4) and (5) apply with necessary modifications to a purchaser who cancels a contract under this section.  2002, c. 33, s. 42 (5). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 26 (1, 2) - 01/07/2012
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 receiving the notice, refund to the purchaser, (a)  all money received under the contract, if none of the licensed supplies and services under the contract have been provided at the time the purchaser cancels the contract and the purchaser cancels the contract within 30 days after the day on which the contract is made; and (b)  all money received under the contract less the value of those supplies and services that have been provided, if part of the licensed supplies and services have been provided in accordance with the contract at the time the purchaser cancels the contract and the purchaser cancels the contract within 30 days after the day on which the contract is made.  2006, c. 34, Sched. D, s. 27. Unauthorized delivery (5) If the operator provides licensed supplies or services to a purchaser within 30 days after the day on which the contract is made and the regulations do not permit the provision of the licensed supplies or services, the purchaser continues to be entitled to those cancellation rights with respect to the supplies or services that are provided under sections 41 and 42.  2006, c. 34, Sched. D, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 27 - 01/07/2012
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 contract, together with the amounts that are prescribed, less a prescribed amount, if none of the licensed supplies and services under the contract have been provided at the time the contract is cancelled; and (b)  the amount specified in clause (a), less the value of the supplies and services that have  been provided, if part of the licensed supplies and services have been provided in accordance with the contract at the time the purchaser cancels the contract.  2006, c. 34, Sched. D, s. 28. (5) Repealed:  2006, c. 34, Sched. D, s. 28. Customized goods (6) Despite subsection (4), the amount of the refund to which a purchaser who cancels a contract under this section is entitled shall not be as provided under subsection (4) but shall be determined in accordance with the regulations if, (a)  under the terms of the cancelled contract, the operator was required to provide licensed supplies that were customized to the purchaser’s specifications; and (b)  the operator has, at the time of the cancellation, incurred expenses in relation to the provision of the customized supplies.  2002, c. 33, s. 44 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 28 - 01/07/2012
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
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). Interment and Scattering 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 not contravene the cemetery by-laws.  2002, c. 33, s. 48 (2); 2016, c. 23, s. 50. Same: scattering rights (3) A scattering rights holder or a person authorized to act on the holder’s behalf has the right to, (a)  scatter any cremated human remains on the scattering ground to which the scattering rights relate in accordance with the cemetery by-laws; (b)  erect a marker on the scattering ground to which the scattering rights relate if doing so does not contravene the cemetery by-laws; (c)  have reasonable access to the scattering ground to which the scattering rights relate at any time, except as prohibited by the cemetery by-laws; and (d)  once the scattering rights have been paid in full, receive a certificate of scattering rights from the operator.  2002, c. 33, s. 48 (3); 2006, c. 34, Sched. D, s. 31 (3-5). Same (4) A scattering rights holder and the relatives of any person whose cremated remains are scattered in a cemetery have the right to decorate the scattering ground on which the remains are scattered if the decoration does not contravene the cemetery by-laws.  2002, c. 33, s. 48 (4); 2006, c. 34, Sched. D, s. 31 (6); 2016, c. 23, s. 50. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 31 (1-6) - 01/07/2012 2016, c. 23, s. 50
- 05/12/2016
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 person who has indicated to the registrar an interest in the matter.  2002, c. 33, s. 49 (4). Appeal (5) Any person with an interest in the matter may appeal the decision of the registrar to the Tribunal within 30 days after notice of the decision is given under subsection (4).  2002, c. 33, s. 49 (5). Effect of declaration (6) If the registrar has declared interment rights or scattering rights abandoned, the operator of the relevant cemetery may, (a)  sell the interment rights or scattering rights; and (b)  remove any marker that has been erected on the lot or scattering ground in respect of which the interment rights or scattering rights have been declared abandoned.  2002, c. 33, s. 49 (6). Time for sale (7) The operator of a cemetery shall not sell interment rights or scattering rights that have been declared abandoned or remove any marker erected on the lot or scattering ground until, (a)  if there is no appeal, the end of the time for appeal; or (b)  if there is an appeal, the Tribunal has affirmed the declaration of abandonment.  2002, c. 33, s. 49 (7); 2006, c. 34, Sched. D, s. 32. Storage of marker (8) The operator of a cemetery who removes a marker under clause (6) (b) shall keep the marker in storage at the operator’s expense for a period of at least 20 years.  2002, c. 33, s. 49 (8). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 32 - 01/07/2012
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 scattering ground, in the cemetery or in another cemetery operated by the same person, that the applicant considers equivalent to or better than the scattering grounds in respect of which the scattering rights were declared abandoned, or (iii)  that the operator of the cemetery reimburse the applicant for the loss of the interment rights or scattering rights in an amount prescribed; or (b)  if the operator of the cemetery has not sold the interment rights or scattering rights to another person, that the declaration of abandonment be cancelled and that the operator of the cemetery restore the rights to the applicant.  2002, c. 33, s. 50 (2); 2006, c. 34, Sched. D, s. 33. Marker restored (3) If the registrar orders an operator to provide alternative interment rights or scattering rights or to restore the applicant’s interment rights or scattering rights, the operator of the cemetery shall re-erect any marker stored under clause 49 (6) (b) at the appropriate site at the operator’s expense.  2002, c. 33, s. 50 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 33 - 01/07/2012 part vi   Trust Accounts
51 An operator shall maintain such trust accounts or establish such trust funds as may be required by regulation.  2002, c. 33, s. 51.