53 (1) Unless the regulations provide otherwise, every cemetery operator who sells, assigns or transfers interment rights or scattering rights or who permits the interment of human remains or the scattering of cremated human remains in the cemetery shall have a care and maintenance fund or, if the regulations so permit, a care and maintenance account.  2006, c. 34, Sched. D, s. 35. Combinations (2) Subsection (1) does not preclude a cemetery operator from having more than one care and maintenance fund or account for a single cemetery, from having a single care and maintenance fund or account for more than one cemetery operated by the operator or from having a combination of both.  2006, c. 34, Sched. D, s. 35. Place (3) A care and maintenance fund or account shall be established in a prescribed type of institution.  2006, c. 34, Sched. D, s. 35. Purpose (4) The purpose of a care and maintenance fund or account is to generate income for the care and maintenance of the cemetery.  2006, c. 34, Sched. D, s. 35. Trustee of fund (5) A care and maintenance fund shall be administered by, (a)  a trustee who meets the prescribed criteria; or (b)  a trustee who is employed by a prescribed type of institution.  2006, c. 34, Sched. D, s. 35. Trustee of account (6) The cemetery operator shall be the trustee of a care and maintenance account unless the regulations provide otherwise.  2006, c. 34, Sched. D, s. 35. Exception, municipal operator (7) Despite subsections (5) and (6), a local municipality may act as the trustee for care and maintenance money in the prescribed circumstances.  2006, c. 34, Sched. D, s. 35. Exception, Public Guardian and Trustee (8) Despite subsections (5) and (6), a prescribed cemetery operator who does not have a practical alternative may require the Public Guardian and Trustee to act as the trustee for care and maintenance money for the cemetery.  2006, c. 34, Sched. D, s. 35. Marker installation (9) Before a marker is installed in a cemetery, the person on behalf of whom the marker is to be installed shall pay the prescribed amount to the cemetery operator.  2006, c. 34, Sched. D, s. 35. Payment into fund or account (10) Within the prescribed period after a marker is installed in a cemetery, the cemetery operator shall pay the amount prescribed for the purposes of subsection (9) into a care and maintenance fund or account for the cemetery, whether or not the cemetery operator receives that amount under that subsection.  2006, c. 34, Sched. D, s. 35. Installation of private structure (11) Before a private structure that is constructed or provided by a person other than the cemetery operator is installed in a cemetery on behalf of a person other than the cemetery operator, the person on behalf of whom the structure is to be installed shall pay the prescribed amount to the cemetery operator.  2006, c. 34, Sched. D, s. 35. Development of private scattering ground (12) Before a private scattering ground that is developed by a person other than the cemetery operator is developed in a cemetery on behalf of a person other than the cemetery operator, the person on behalf of whom the scattering ground is to be developed shall pay the prescribed amount to the cemetery operator.  2006, c. 34, Sched. D, s. 35. Payment into fund or account (13) If an installation or development described in subsection (11) or (12) occurs, the cemetery operator shall pay the amount prescribed for the purposes of the applicable one of those subsections into a care and maintenance fund or account for the cemetery within the prescribed period, whether or not the cemetery operator receives that amount under the applicable subsection.  2006, c. 34, Sched. D, s. 35. Other payments (14) In addition to the amounts, if any, paid into a care and maintenance fund or account for a cemetery under subsection (10) or (13) or clause 86 (1) (c), the cemetery operator shall pay the prescribed amounts into a care and maintenance fund or account for the cemetery at the times that are prescribed.  2006, c. 34, Sched. D, s. 35. Payments out of fund (15) A trustee of a care and maintenance fund for a cemetery shall pay the income from the fund, after deducting the trustee’s fees, to the cemetery operator.  2006, c. 34, Sched. D, s. 35. Payments out of account (16) A trustee of a care and maintenance account for a cemetery shall pay the income from the account to the cemetery operator.  2006, c. 34, Sched. D, s. 35. Use of income (17) A cemetery operator who receives money under subsection (15) or (16) shall use the money only for the prescribed purposes and in accordance with the prescribed rules.  2006, c. 34, Sched. D, s. 35. No use of capital portion (18) No trustee of a care and maintenance fund or account shall pay out any of the capital portion of the fund or account except as required or permitted by this Act or the regulations.  2006, c. 34, Sched. D, s. 35. Transfer of fund or account (19) A trustee of a care and maintenance fund or account may transfer the fund or account to another trustee, with the written consent of the registrar.  2006, c. 34, Sched. D, s. 35. Transition (20) A care and maintenance fund that was established under the Cemeteries Act (Revised), a private Act or a predecessor of one of them that related to cemeteries and that exists immediately before the day this subsection comes into force is deemed to be a care and maintenance fund established under this section and to be subject to the provisions of this Act and the regulations relating to care and maintenance funds.  2006, c. 34, Sched. D, s. 35. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 35 - 01/07/2012