jswizzle3737/ontario_laws_and_regs huggingface dataset:
54 (1) If bereavement related activity, other than interments or scatterings, for which a licence is required under this Act, takes place on cemetery land, the cemetery operator shall, in the prescribed circumstances, in accordance with the prescribed procedures and within the prescribed time, make the payment described in subsection (2) into the care and maintenance fund or account for the cemetery and shall report to the registrar as prescribed.  2006, c. 34, Sched. D, s. 36. Amount of payment (2) The payment shall correspond to the property tax that would be payable if the land were liable to assessment and taxation under other Acts and shall be in the prescribed amount or calculated based on the prescribed basis.  2006, c. 34, Sched. D, s. 36. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 36 - 01/07/2012; 2006, c. 32, Sched. C, s. 21 (1-4) - 01/07/2012
55 (1) Unless the regulations provide otherwise, if a cemetery operator receives money that is required under the Act to be paid into a care and maintenance fund or account for the cemetery and does not pay it into the fund or account immediately, the operator shall ensure that the money is held in trust until it is paid into a care and maintenance fund or account for the cemetery or is otherwise paid out in accordance with the regulations.  2006, c. 34, Sched. D, s. 37. Payments into trust (2) A cemetery operator shall pay the money that is required to be held in trust under this section into a trust account in accordance with the regulations.  2006, c. 34, Sched. D, s. 37. Payment out (3) A cemetery operator shall ensure that money held in trust under this section and any income from the money is not paid out except in accordance with the regulations.  2006, c. 34, Sched. D, s. 37. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 37 - 01/07/2012 56 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012.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 D, s. 38 (1, 2) - 01/07/2012 Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012
57 Despite subsection 27 (9) of the Trustee Act, no trustee shall make investments with money that this Act requires to be held in trust if the investments would contravene the standard for investments required under subsection 27 (2) of that Act.  2006, c. 34, Sched. D, s. 39. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 39 - 01/07/2012
58 (1) The registrar or the Public Guardian and Trustee may require any licensee or trustee to provide, (a)  audited financial statements on any trust account or trust fund that is required to be established under this Act; and (b)  any information on trust accounts or trust funds that the licensee or trustee is required to establish under this Act.  2002, c. 33, s. 58 (1). Same (2) A licensee or trustee who receives a request under subsection (1) shall promptly provide all the information or the statement required.  2002, c. 33, s. 58 (2).
59 (1) Upon receiving a written direction from the registrar or Public Guardian and Trustee to do so, a person who is required under this Act to establish a trust fund or to hold money in trust shall apply to the Superior Court of Justice to pass the accounts of that trust fund or trust money.  2002, c. 33, s. 59 (1). Same (2) The court, on passing any account, may review and pass upon any agreement made by a licensee.  2002, c. 33, s. 59 (2). Same (3) The court, on passing any account, may make any order that it considers necessary to ensure that the trust is carried out.  2002, c. 33, s. 59 (3).
60 No licensee shall charge a purchaser of licensed supplies or services, or receive any compensation or payment from such a purchaser, for establishing or maintaining a trust fund or account.  2002, c. 33, s. 60; 2006, c. 34, Sched. D, s. 40. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 40 - 01/07/2012 part vii   Compensation Funds
61 (1) A compensation fund scheme shall be established for the purposes of this Act in accordance with the regulations.  2002, c. 33, s. 61 (1). Purpose (2) The purpose of a prescribed compensation fund shall be to compensate a person who suffers a financial loss due to a failure on the part of a licensee to comply with this Act or the regulations or with the terms of an agreement made under this Act.  2006, c. 34, Sched. D, s. 41. Contributions to fund (3) A licensee shall make such contributions to a prescribed compensation fund as may be required by regulation at such times and in such a manner as may be prescribed.  2002, c. 33, s. 61 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 41 - 01/07/2012 part viii   Code of Ethics and Discipline
62 It is a condition of every licence issued under this Act that a licensee shall comply with such code of ethics as may be established by the Minister under section 112.  2002, c. 33, s. 62.
63 (1) The Minister shall establish one or more discipline committees in accordance with the regulations for the purpose of hearing and determining issues concerning whether licensees have failed to comply with a code of ethics established by the Minister under section 112.  2006, c. 34, Sched. D, s. 42 (1). Appeals committee (2) One or more appeal committees shall be established in accordance with the regulations for the purpose of considering appeals from the discipline committees.  2002, c. 33, s. 63 (2); 2006, c. 34, Sched. D, s. 42 (2). Composition (3) The composition and manner of appointment of the members of a discipline committee and appeal committee shall be as prescribed.  2006, c. 34, Sched. D, s. 42 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 42 (1-3) - 01/07/2012 2012, c. 8, Sched. 11, s. 47 (4) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020
65 Until the regulations prescribe otherwise, this Part and any regulation made under this Part do not apply to licensees who are subject to disciplinary proceedings under sections 16, 17 and 18 of the Board of Funeral Services Act.  2002, c. 33, s. 65; 2006, c. 34, Sched. D, s. 44. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 44 - 01/07/2012 part ix   Complaints, inspections and investigations
66 (1) If the registrar receives a complaint about a licensee, the registrar may request information in relation to the complaint from any licensee.  2002, c. 33, s. 66 (1). Request for information (2) A request for information made under subsection (1) shall indicate the nature of the complaint.  2002, c. 33, s. 66 (2). Duty to comply (3) A licensee who receives a written request under subsection (1) shall provide the information as soon as practicable.  2002, c. 33, s. 66 (3). Powers (4) In handling complaints, the registrar may do any of the following, as appropriate: 1.  Attempt to mediate or resolve the complaint. 2.  Give the licensee a written warning that if the licensee continues with the activity that led to the complaint, action may be taken against the licensee. 3.  Require the licensee to attend a specified educational program or require the licensee to ensure that a person prescribed for the purposes of clause 14 (1) (g) attends a specified educational program. 4.  Refer the matter, in whole or in part, to the discipline committee. 5.  Take an action under section 17, subject to section 18. 6.  Take further action as is appropriate in accordance with this Act.  2002, c. 33, s. 66 (4); 2006, c. 34, Sched. D, s. 45. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 45 (1, 2) - 01/07/2012
69 (1) The director may appoint persons to be investigators for the purposes of conducting investigations.  2002, c. 33, s. 69 (1). Certificate of appointment (2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature.  2002, c. 33, s. 69 (2). Production of certificate of appointment (3) Every investigator who is exercising powers under section 70 shall, upon request, produce the certificate of appointment as an investigator.  2002, c. 33, s. 69 (3).
70.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.  2006, c. 34, Sched. D, s. 49. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 49 - 01/07/2012
71 (1) An investigator may exercise any of the powers described in subsection 70 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.  2006, c. 34, Sched. D, s. 50 (1). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling.  2006, c. 34, Sched. D, s. 50 (1). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.  2002, c. 33, s. 71 (3). Applicability of s. 70 (4) Subsections 70 (4), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.  2006, c. 34, Sched. D, s. 50 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 50 (1, 2) - 01/07/2012
71.1 (1) An investigator who seizes any thing under the authority of section 70, 70.1 or 71 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 7 (4). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 70, 70.1 or 71 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 70, 70.1 or 71 of this Act. 2019, c. 14, Sched. 10, s. 7 (4). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 7 (4) - 10/12/2019 part x   Enforcement
73 (1) The director may make an order described in subsection (2) in respect of money or assets of a person if, (a)  the director receives an affidavit in which it is alleged that the person is not licensed under this Act and, (i)  is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which a licence is required under this Act, or (ii)  owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a warrant has been issued under section 70; (b)  the affidavit sets out facts supporting the allegation mentioned in clause (a); and (c)  the director, based on the affidavit, finds reasonable grounds to believe that, (i)  in the course of conducting business for which a licence is required under this Act, the person has received money or assets from customers, and (ii)  that the interests of those customers require protection.  2006, c. 34, Sched. D, s. 51; 2019, c. 14, Sched. 10, s. 7 (1). Order (2) In the circumstances described in subsection (1), the director may, in writing, (a)  order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation mentioned in clause (1) (a) to hold the money or asset; or (b)  order the person who is the subject of the allegation mentioned in clause (1) (a), (i)  to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or (ii)  to hold any money or asset of a customer or other person in trust for the person who is entitled to it.  2006, c. 34, Sched. D, s. 51. Application of other subsections (3) Subsections 72 (3) to (11) apply with necessary modifications to an order made under this section.  2006, c. 34, Sched. D, s. 51. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 51 - 01/07/2012 2019, c. 14, Sched. 10, s. 7 (1) - 10/12/2019 74.-76 Repealed:  2006, c. 34, Sched. D, s. 51. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 51 - 01/07/2012
77 (1) The director may apply to the Superior Court of Justice for the appointment of a receiver and manager to take possession and control of the business of an operator if, (a)  an investigation of the operator has been undertaken under this Act; (b)  the director has made or is about to make an order under section 72; (c)  the director has reasonable grounds to believe that the operator has failed or is about to fail to provide contracted and paid for supplies or services to a customer; (d)  the director is advised that the registrar has proposed to suspend or revoke a licence under section 17 or to temporarily suspend a licence under section 19; or (e)  the director is advised that an investigation under section 5.1 of the Ministry of Consumer and Business Services Act has been ordered.  2002, c. 33, s. 77 (1), 115 (3); 2006, c. 34, Sched. D, ss. 52 (1, 2). Order to appoint (2) The court may make an order for the appointment of a receiver and manager if it is satisfied that it is in the public interest to have a receiver and manager take control of an operator’s business.  2002, c. 33, s. 77 (2). Notice (3) The court may make an order under subsection (2) without notice, or if it considers that notice should be given, upon such notice as the court stipulates.  2002, c. 33, s. 77 (3). Duties (4) The duties of the receiver and manager include, (a)  taking possession and control of the assets of the operator’s business; (b)  conducting the operator’s business; and (c)  taking the steps that are, in the opinion of the receiver and manager, necessary for the rehabilitation of the business.  2006, c. 34, Sched. D, s. 52 (3). (5), (6) Repealed:  2006, c. 34, Sched. D, s. 52 (3). Powers (7) The receiver and manager has all the powers of the board of directors of the corporation, if the operator is a corporation, or of a sole proprietor or all partners if the operator is not a corporation.  2002, c. 33, s. 77 (7). Exclusion of directors (8) Without limiting the generality of subsection (7), the receiver and manager may exclude the directors, officers, employees and agents of the business, interested persons in respect of the business and any other persons connected with the business from the premises and property of the business.  2002, c. 33, s. 77 (8). Interested persons (9) Subsection 14 (3) applies to this section except that the opinion as to whether a person is deemed to be interested in respect of another person is that of the receiver and manager.  2002, c. 33, s. 77 (9). Application for directions (10) A receiver and manager may apply at any time to a judge of the Superior Court of Justice for directions with respect to the duties or powers of the receiver and manager.  2006, c. 34, Sched. D, s. 52 (4). Section Amendments with date in force (d/m/y) 2002, c. 33, s. 115 (3)
- 01/07/2012 2006, c. 34, Sched. D, s. 52 (1-4) - 01/07/2012
78 (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit.  2002, c. 33, s. 78 (1). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures.  2002, c. 33, s. 78 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).  2002, c. 33, s. 78 (3).
79 (1) A person is guilty of an offence who, (a)  furnishes false information in any application under this Act or in any statement or return required under this Act; (b)  fails to comply with any order, other than an order made under section 64, direction or other requirement under this Act; or (c)  contravenes or fails to comply with any section of this Act or the regulations, other than a code of ethics established by the Minister under section 112.  2002, c. 33, s. 79 (1); 2006, c. 34, Sched. D, s. 53. Corporations (2) An officer or director of a corporation is guilty of an offence who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1).  2002, c. 33, s. 79 (2). Penalties (3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, and a corporation that is convicted of an offence under this Act is liable to a fine of not more than $250,000.  2002, c. 33, s. 79 (3). Limitation (4) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director.  2002, c. 33, s. 79 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 52 (3) - 01/07/2012
80 (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  2002, c. 33, s. 80 (1). Compensation already paid, etc. (2) If the court makes an order in favour of a person under subsection (1) and the person has already received compensation or restitution, (a)  the person ordered to pay the compensation shall deliver the amount of the compensation paid to the person who paid it; or (b)  the person ordered to make the restitution shall deliver the things received in restitution to the person who made the restitution. 2006, c. 34, Sched. D, s. 54. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 54 - 01/07/2012
81 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to an agency that provides credit reports the name of the defaulter, the amount of the fine and the date the fine went into default.  2002, c. 33, s. 81 (1); 2006, c. 34, Sched. D, s. 55 (1). Where payment made (2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the agency of the payment.  2002, c. 33, s. 81 (2); 2006, c. 34, Sched. D, s. 55 (2). Transition (3) If a fine is payable as a result of a conviction under the Cemeteries Act (Revised), the Funeral Directors and Establishments Act or the Board of Funeral Services Act, the director may treat the fine as if it is payable as a result of a conviction under this Act, in which case subsections (1) and (2) apply to the fine.  2006, c. 34, Sched. D, s. 55 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 55 (1-3) - 01/07/2012
82 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine.  2002, c. 33, s. 82 (1). Liens on personal property (2) If the lien created by the director under subsection (1) relates to personal property, (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c)  the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act
by the registration of a financing statement under that Act.  2002, c. 33, s. 82 (2). Liens and charges on real property (3) If the lien created by the director under subsection (1) relates to real property, the director may register the lien against the property of the person liable to pay the fine in the proper land registry office and, on registration, the obligation under the lien becomes a charge on the property.  2002, c. 33, s. 82 (3). Initiation of sale proceedings prohibited (4) The director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3).  2002, c. 33, s. 82 (4). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the director shall ensure that the funds he or she receives as a result of the sale are used to pay the fine.  2002, c. 33, s. 82 (5). Discharge of lien (6) Within 10 days after the director has knowledge of the payment in full of the fine, the director shall, (a)  discharge the registration of any financing statement registered under clause (2) (c); and (b)  register a discharge of a charge created on registration of a lien under subsection (3).  2002, c. 33, s. 82 (6). part xi   Special Provisions re: Cemeteries, crematoriums and burial sites Establishment of Cemetery or Crematorium
83 (1) If this Act or the regulations require the registrar’s consent for establishing, altering or increasing the capacity of a cemetery, no person shall do so without obtaining the registrar’s consent and, (a)  the approval of the local municipality, if the cemetery is situated in a local municipality or if it is proposed to establish the cemetery in the local municipality or to enlarge the cemetery to include land of a local municipality within the cemetery; or (b)  the approval of the Minister of Natural Resources, if the cemetery is situated on Crown land in territory without municipal organization or if it is proposed to establish the cemetery on such land or to enlarge the cemetery to include such land within the cemetery.  2006, c. 34, Sched. D, s. 56. Obtaining registrar’s consent (2) A person who requires the registrar’s consent for establishing, altering or increasing the capacity of a cemetery shall not request the consent until after having obtained the approval of the local municipality or the Minister of Natural Resources, as the case may be.  2006, c. 34, Sched. D, s. 56. Crematorium (3) No person shall establish a crematorium without, (a)  the approval of the local municipality in which the crematorium is to be located; or (b)  the approval of the Minister of Natural Resources if the crematorium is to be located on Crown land in territory without municipal organization.  2006, c. 34, Sched. D, s. 56. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 56 - 01/07/2012
83.1 (1) No encumbrance on land of a cemetery is enforceable unless, (a)  it is given as security for money borrowed for, (i)  the purpose of improving the facilities provided on the land, (ii)  the purpose of acquiring the land, or (iii)  a purpose that the registrar approves and that relates to the operation of the cemetery; and (b)  the encumbrance contains an affidavit made by the encumbrancer stating that it complies with clause (a).  2006, c. 34, Sched. D, s. 56. Dealing by encumbrancer (2) No encumbrancer claiming an interest in land of a cemetery may deal with the land except in accordance with this Act.  2006, c. 34, Sched. D, s. 56. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 56 - 01/07/2012
84 (1) A local municipality that receives a request for an approval to establish, alter or increase the capacity of a cemetery in the municipality shall grant the approval if, in the municipality’s opinion, it is in the public interest.  2006, c. 34, Sched. D, s. 57 (1). Same, crematorium (1.1) A local municipality that receives a request for an approval to establish a crematorium in the municipality shall grant the approval if, in the municipality’s opinion, it is in the public interest.  2006, c. 34, Sched. D, s. 57 (1). Public hearing (2) A local municipality may hold a public hearing to determine if the approval is in the public interest.  2002, c. 33, s. 84 (2); 2006, c. 34, Sched. D, s. 57 (2). Timing of decision (3) A local municipality shall give or refuse its approval within a reasonable time after receiving a request for an approval.  2002, c. 33, s. 84 (3); 2006, c. 34, Sched. D, s. 57 (2). Notice of decision (4) Upon deciding to approve or refuse a request for an approval, a local municipality shall, (a)  send a copy of the decision together with the reasons for it to the registrar and to the person making the request; and (b)  publish notice of the decision in a local newspaper.  2002, c. 33, s. 84 (4); 2006, c. 34, Sched. D, s. 57 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 57 (1, 2) - 01/07/2012
85 (1) The applicant, registrar or any person with an interest in a decision of a local municipality under section 84 may appeal the decision to the Ontario Land Tribunal within, (a)  15 days after the day of publication in a local newspaper; or (b)  if the appeal is brought by the applicant or registrar and that person receives a copy of the municipality’s decision after the day it was published in a local newspaper, 15 days after the day the applicant or registrar, as the case may be, receives a copy of the decision.  2002, c. 33, s. 85 (1); 2006, c. 34, Sched. D, s. 58; 2021, c. 4, Sched. 6, s. 49. Hearing (2) The Ontario Land Tribunal shall hold a hearing and the registrar is entitled to make representations at any such hearing.  2002, c. 33, s. 85 (2); 2021, c. 4, Sched. 6, s. 49. Decision (3) The Ontario Land Tribunal may reverse the decision appealed from and substitute its own decision which is final.  2002, c. 33, s. 85 (3); 2021, c. 4, Sched. 6, s. 49. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 58 - 01/07/2012 2021, c. 4, Sched. 6, s. 49 - 01/06/2021
87 (1) An applicant who receives a notice of the registrar’s refusal to consent to an application under subsection 86 (8) may appeal to the Tribunal within 15 days after receiving the notice.  2002, c. 33, s. 87 (1). Order by Tribunal (2) If the Tribunal finds that the applicant is in compliance with subsection 86 (1) and, where applicable, that giving the consent is in the public interest, the Tribunal shall order the registrar to issue a certificate of consent with the description of cemetery lands as set out in the application for consent or with such modifications to the description as the Tribunal may consider necessary.  2002, c. 33, s. 87 (2). Compliance by registrar (3) Upon receiving an order under subsection (2), the registrar shall issue the certificate as ordered.  2002, c. 33, s. 87 (3). Closing Cemetery
89 (1) An appeal of an order to close a cemetery or a part of a cemetery may be made to the Tribunal by a person who receives notice of the order or by any other person with an interest in the matter at any time before the day the order takes effect under subsection 88 (9).  2002, c. 33, s. 89 (1). Appeal of refusal to make order (2) If a person requested that the registrar make an order closing a cemetery or a part of a cemetery and the registrar refused to make the order, a person with an interest in the matter may appeal the refusal to the Tribunal.  2006, c. 34, Sched. D, s. 61. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 61 - 01/07/2012
90 (1) The registrar shall issue a certificate certifying that a cemetery or a part of a cemetery is closed if satisfied that all things that were required to be done under subsection 88 (7) have been carried out.  2002, c. 33, s. 90 (1). Description of land (2) A certificate of closing shall include a legal description of the land involved.  2002, c. 33, s. 90 (2). Registration (3) A certificate of closing may be registered in the appropriate land registry office.  2002, c. 33, s. 90 (3). Effect of registration (4) Upon registration of a certificate of closing, the land described in the certificate ceases to be a cemetery.  2006, c. 34, Sched. D, s. 62. Transition (5) If a cemetery was ordered closed under the Cemeteries Act (Revised) or under a predecessor to that Act but on the day this section comes into force a certificate of closure with respect to the cemetery has not yet been registered in the appropriate land registry office, a person may apply to the registrar for a certificate under this section and the registrar shall issue the certificate upon being satisfied that the cemetery had in fact been ordered closed under the Cemeteries Act (Revised) or the predecessor Act, as the case may be.  2006, c. 34, Sched. D, s. 62. Application (6) Subsections (2), (3) and (4) apply with necessary modifications to a certificate issued under subsection (5).  2002, c. 33, s. 90 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 62 - 01/07/2012
91 (1) If the registrar makes an order described in subsection (2), the trustee of the care and maintenance fund or account of the cemetery that is to be closed shall, subject to the regulations, transfer the money in the fund or account to the trustee of the care and maintenance fund or account of the other cemetery.  2006, c. 34, Sched. D, s. 63. Same (2) The order mentioned in subsection (1) is an order that a cemetery be closed and that, (a)  the human remains interred in the cemetery be reinterred in another cemetery or the scattered cremated human remains in the cemetery be removed and placed in another cemetery; or (b)  the interment rights holders or scattering rights holders be given equivalent rights in the other cemetery.  2006, c. 34, Sched. D, s. 63. Credit (3) The amount transferred under subsection (1) is a credit against the amount required to be paid into the fund or account by the operator of the other cemetery.  2006, c. 34, Sched. D, s. 63. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 63 - 01/07/2012
92 (1) If the registrar orders that a cemetery be closed and that the interment rights holders and scattering rights holders of the cemetery be given equivalent rights in another cemetery, the registrar shall direct that the money described in subsection (2) be transferred to the operator of the other cemetery and held in trust by that operator or on behalf of that operator in order to ensure the provision in that cemetery of the licensed supplies and services contracted for by the person who purchased the rights.  2006, c. 34, Sched. D, s. 64. Same (2) The direction made by the registrar under subsection (1) applies to any money that is not money to which section 91 applies and that, (a)  is held in trust by or on behalf of the operator of the cemetery that is being closed; or (b)  was received by or on behalf of the operator in order to ensure the provision of licensed supplies and services in connection with the interment rights or scattering rights in respect of which equivalent rights are to be provided in another cemetery.  2006, c. 34, Sched. D, s. 64. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 64 - 01/07/2012
93 (1) If an appeal is made to the Tribunal under section 87 or 89, the Tribunal shall appoint a time for and hold a hearing.  2002, c. 33, s. 93 (1). Order (2) After holding a hearing, the Tribunal may, (a)  in the case of an appeal under section 87 make such order as may be made in accordance with subsection 87 (2); or (b)  in the case of an appeal under section 89, by order direct the registrar to order the closing of the cemetery or a part of the cemetery or not to do so or to take such action as the Tribunal considers that the registrar ought to take and for such purposes the Tribunal may substitute its opinion for that of the registrar.  2002, c. 33, s. 93 (2). Conditions (3) The Tribunal may attach such conditions to its order or to the licence as it considers necessary.  2002, c. 33, s. 93 (3). Parties (4) The registrar, the cemetery operator, the appellant and such other person as the Tribunal may specify are parties to the appeal.  2002, c. 33, s. 93 (4). Burial Sites
94 No person shall disturb or order the disturbance of a burial site or artifacts associated with the human remains except, (a)  on instruction by the coroner; (b)  pursuant to a site disposition agreement; or (c)  if the disturbance is carried out in accordance with the regulations.  2002, c. 33, s. 94; 2006, c. 34, Sched. D, s. 65. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 65 - 01/07/2012
95 Any person discovering or having knowledge of a burial site shall immediately notify the police or coroner.  2002, c. 33, s. 95.
96 (1) The registrar may order the owner of land on which a burial site is discovered to cause an investigation to be made to determine the origin of the site.  2002, c. 33, s. 96 (1). Non-application (2) Section 94 does not apply to a person investigating the nature or origin of the site who is disturbing the site in the course of the investigation.  2002, c. 33, s. 96 (2). Minimal disturbance (3) A person conducting an investigation shall do so with the minimum disturbance to the site that is reasonable in the circumstances.  2002, c. 33, s. 96 (3). Where registrar investigates (4) If the registrar is of the opinion that an investigation under subsection (1) would impose an undue financial burden on the land owner, the registrar shall undertake the investigation.  2002, c. 33, s. 96 (4).
97 In sections 98 to 100, “aboriginal peoples burial ground” means land set aside with the apparent intention of interring in it, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were one of the aboriginal peoples of Canada; (“cimetière autochtone”) “burial ground” means land set aside with the apparent intention of interring in it, in accordance with cultural affinities, human remains and containing remains identified as those of persons who were not one of the aboriginal peoples of Canada; (“lieu d’inhumation”) “irregular burial site” means a burial site that was not set aside with the apparent intention of interring human remains in it. (“lieu de sépulture irrégulier”)  2006, c. 34, Sched. D, s. 66. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 66 - 01/07/2012
98 As soon as the origin of a burial site is determined, the registrar shall declare the site to be, (a)  an aboriginal peoples burial ground; (b)  a burial ground; or (c)  an irregular burial site.  2006, c. 34, Sched. D, s. 66. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 66 - 01/07/2012
99 (1) Unless the regulations provide otherwise, the registrar, on declaring a burial site to be an aboriginal peoples burial ground or a burial ground, shall serve notice of the declaration on the persons or class of persons that are prescribed.  2006, c. 34, Sched. D, s. 66. Negotiations (2) Unless the regulations provide otherwise, all persons served with the notice shall enter into negotiations with a view of entering into a site disposition agreement.  2006, c. 34, Sched. D, s. 66. Arbitration (3) Unless the regulations provide otherwise, if the persons served with the notice do not make a site disposition agreement within the prescribed time, the registrar shall refer the matter to arbitration.  2006, c. 34, Sched. D, s. 66. Deferring arbitration (4) Unless the regulations provide otherwise, despite subsection (3), the registrar, if of the opinion that an agreement may be reached, may defer referring the matter to arbitration so long as there appears to be a reasonable prospect of an agreement being reached.  2006, c. 34, Sched. D, s. 66. Arbitrated settlement (5) The persons named in an arbitrated settlement who have been given the opportunity to fully participate in the arbitration process are bound by the settlement whether they chose to participate or not.  2006, c. 34, Sched. D, s. 66. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 66 - 01/07/2012
100 (1) Unless the regulations provide otherwise, an owner of land that contains an irregular burial site shall ensure that the remains found in the site are interred in a cemetery.  2002, c. 33, s. 100 (1); 2006, c. 34, Sched. D, s. 67 (1). Charges (2) Unless the regulations provide otherwise, no owner of a cemetery interring human remains for an owner of land to whom this section applies may charge more than the prescribed amount for the interment.  2002, c. 33, s. 100 (2); 2006, c. 34, Sched. D, s. 67 (2). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 67 (1, 2) - 01/07/2012 War Graves
101 (1) No person shall alter or move the remains or marker of a Canadian or Allied veteran or a Commonwealth War Burial without the agreement of the Department of Veterans Affairs (Federal), the Commonwealth War Graves Commission or such other persons and associations as are prescribed.  2002, c. 33, s. 101 (1). Application (2) Subsection (1) applies with respect to the alteration or removal of the remains or a marker of a Canadian or Allied veteran only if the Department of Veterans Affairs (Federal) contributed to the cost of the interment.  2002, c. 33, s. 101 (2). Application for direction (3) If an agreement is not reached, the person who wants to make the alteration or move may apply to the registrar for directions.  2002, c. 33, s. 101 (3). Notice (4) When an application is made under subsection (3), the registrar shall instruct the applicant to give notice of the application to such persons and associations as the registrar considers may have an interest in the matter.  2002, c. 33, s. 101 (4). Submissions (5) All persons and associations receiving a notice under subsection (4) may make submissions on the matter to the registrar in such form and manner as the registrar instructs.  2002, c. 33, s. 101 (5). Direction (6) After considering all submissions made, the registrar shall direct the applicant on the manner of dealing with the remains or marker in question.  2002, c. 33, s. 101 (6). Non-application (7) Subsection (1) does not apply to a person altering or moving remains or markers in accordance with the direction of the registrar.  2002, c. 33, s. 101 (7). Abandoned Cemeteries
101.1 (1) A person set out in subsection (2) may apply to have a judge of the Superior Court of Justice declare a cemetery abandoned if the owner of the cemetery, (a)  cannot be found or is unknown; (b)  is unable to maintain it; or (c)  is not a licensed operator and there is no licensed operator for the cemetery.  2006, c. 34, Sched. D, s. 68. Who can apply (2) The application may be made by, (a)  the Crown if the cemetery is on land that is situated in territory without municipal organization; (b)  the local municipality within whose geographic boundaries the land of the cemetery is located; (c)  the owner or operator of the cemetery; or (d)  the registrar.  2006, c. 34, Sched. D, s. 68. Notice of application (3) An applicant shall give notice of the application to the following persons or entities, but is not required to give the notice to the applicant: 1.  The owner or operator of the cemetery. 2.  The local municipality within whose geographic boundaries the land of the cemetery is located, if there is one. 3.  The Crown, if there is no local municipality within whose geographic boundaries the land of the cemetery is located. 4.  The registrar.  2006, c. 34, Sched. D, s. 68. Maintenance (4) When an application is made to declare a cemetery abandoned, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, shall be responsible for the maintenance of the cemetery until the application is disposed of.  2006, c. 34, Sched. D, s. 68. Costs of application (5) The costs of the application, including the cost of a survey of the land involved, are the responsibility of, (a)  the owner or operator of the cemetery if the owner or operator makes the application and a judge of the court does not declare the cemetery abandoned; or (b)  the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, in all other cases.  2006, c. 34, Sched. D, s. 68. Order (6) Upon being satisfied that the applicant has established the circumstances justifying an order of abandonment, a judge to whom an application is made shall, by order, declare the cemetery to be abandoned.  2006, c. 34, Sched. D, s. 68. Registration of order (7) When an order declaring that a cemetery is abandoned is registered in the appropriate land registry office, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator had.  2006, c. 34, Sched. D, s. 68. Exemption (8) An order made under subsection (6) may exempt the new owner of the cemetery from any provision of the Act and regulations to which it would be inappropriate in the circumstances for the new owner to be subject.  2006, c. 34, Sched. D, s. 68. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 68 - 01/07/2012 General
102 No person shall cause or commit a nuisance in a cemetery or willfully and unlawfully disturb persons assembled for the purpose of interring human remains in a cemetery.  2002, c. 33, s. 102.
102.1 (1) Despite anything in this Act, if a court in which a judicial proceeding is pending considers it necessary to disinter or to remove human remains for the purpose of the proceeding, the court may direct the disinterment or the removal of the remains subject to those conditions as to reinterment or placement of the remains that the court considers proper.  2006, c. 34, Sched. D, s. 69. Powers of Attorney General or Solicitor General (2) If the Attorney General, the Solicitor General or a lawful delegate of either of them considers it in the interest of justice for the purpose of an inquiry as to the cause of death or for the purpose of a criminal investigation or proceeding that human remains should be disinterred or removed, the Attorney General, the Solicitor General or the delegate, as the case may be, may exercise the powers of direction mentioned in subsection (1).  2006, c. 34, Sched. D, s. 69. Powers of coroner (3) A coroner who has issued his or her warrant to proceed to take possession of human remains for the purpose of a coroner’s investigation may direct the disinterment or the removal of the remains.  2006, c. 34, Sched. D, s. 69. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 69 - 01/07/2012
103 (1) Any person who, in a cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the cemetery operator and any interment rights holder who, as a result, incurs damage.  2002, c. 33, s. 103 (1). Same (2) In any action under subsection (1), the amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.  2002, c. 33, s. 103 (2). Same (3) Any person collecting damages under this section shall use the full amount collected to restore the cemetery.  2002, c. 33, s. 103 (3).
104 (1) A municipality may expropriate, (a)  a cemetery or part of a cemetery, whether the cemetery exists within or outside the municipality; or (b)  land on which to establish or enlarge a cemetery.  2002, c. 33, s. 104 (1). By-laws (2) A council of a municipality may pass by-laws authorizing, (a)  the purchase of a cemetery or part of it that is situated within the municipality; (b)  the acquisition of land within the municipality or in an adjacent township or territory without municipal organization for a cemetery or for the enlargement of an existing cemetery owned by the municipality; or (c)  the sale, transfer or lease of a cemetery or part of a cemetery.  2002, c. 33, s. 104 (2); 2006, c. 34, Sched. D, s. 70. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 70 (1, 2) - 01/07/2012
105 This Act prevails over Part VI of the Ontario Heritage Act.  2002, c. 33, s. 105. part xii   Miscellaneous
106 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a)  as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b)  to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (c)  to a prescribed entity or organization if the purpose for the communication is consumer protection; (d)  to a law enforcement agency; (e)  to counsel of the person communicating the information; or (f)  with the consent of the person to whom the matter relates.  2006, c. 34, Sched. D, s. 71. Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.  2006, c. 34, Sched. D, s. 71. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 71 - 01/07/2012 2007, c. 4, s. 33
- 01/07/2012
107 (1) Any notice, order or request is sufficiently given or served if it is, (a)  delivered personally; (b)  sent by registered mail; or (c)  sent by another manner if the sender can prove receipt of the notice, order or request.  2002, c. 33, s. 107 (1). Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date.  2002, c. 33, s. 107 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.  2002, c. 33, s. 107 (3).
107.1 (1) If this Act or the regulations require that a person give notice by publishing it in a newspaper, the person may give the notice using another method if the person has obtained the approval of the registrar.  2006, c. 34, Sched. D, s. 72. Other method (2) The registrar may approve another method for giving the notice if satisfied that the other method is equivalent to publishing the notice in a newspaper.  2006, c. 34, Sched. D, s. 72. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 72 - 01/07/2012
108 (1) The Minister may by order establish fees that are payable under this Act in respect of the issuing or renewal of a licence, late filings and other administrative matters.  2002, c. 33, s. 108 (1). Payee (1.1) An order made under this section shall specify the person to whom the fee shall be paid.  2006, c. 34, Sched. D, s. 73. Non-application of the Regulations Act (2) An order made under this section is not a regulation for the purposes of the Part III (Regulations) of the Legislation Act, 2006.  2002, c. 33, s. 108 (2); 2006, c. 21, Sched. F, s. 112. Exception, fees established by Board of Funeral Services (3) If a memorandum of understanding made by the Minister and the Board of Funeral Services under section 3.1 of the Board of Funeral Services Act is in effect, subsections (1), (1.1) and (2) do not apply with respect to the categories of fees specified in the memorandum.  2012, c. 8, Sched. 18, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 112 - 01/07/2012; 2006, c. 34, Sched. D, s. 73 - 01/07/2012 2012, c. 8, Sched. 18, s. 1 (1, 2) - 01/07/2012