jswizzle3737/ontario_laws_and_regs huggingface dataset:
Employees and contractors
 196. (1) The Committee may employ or retain or authorize the employment or retention of the counsel, accountants, appraisers or other experts or advisors that it reasonably requires to assist in administering the Fund.  O. Reg. 30/11, s. 196 (1). (2) The Committee may act and shall be protected if it acts in good faith on the opinion or advice of or information from any of the persons employed or retained under subsection (1) and shall not be responsible for any misconduct on the part of any of them.  O. Reg. 30/11, s. 196 (2). (3) The Committee may employ or authorize the employment of those persons that it reasonably requires to assist in the efficient consideration and resolution of claims and operation of the Fund.  O. Reg. 30/11, s. 196 (3). (4) All fees, costs and expenses incurred by the Committee in employing or retaining persons under this section shall be paid by the Trustee and shall be deducted first from the income of the Fund and, if there is any deficiency, from the capital of the Fund.  O. Reg. 30/11, s. 196 (4). Fund
Fund
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Location of Fund
 197. The Fund shall be located in Ontario at all times and the Trustee shall hold the capital and income comprising the Fund at all times in Ontario.  O. Reg. 30/11, s. 197.
Capital of Fund
 198. (1) The capital of the Fund shall be composed of the payments that the participants are required to contribute under this section and all money received from others.  O. Reg. 30/11, s. 198 (1). (2) Every operator of a funeral establishment and every transfer service operator shall participate in the Fund.  O. Reg. 30/11, s. 198 (2). (3) Each participant shall make an initial payment of $250 into the Fund at the time the participant applies for a licence.  O. Reg. 30/11, s. 198 (3). (4) If the book value of the Fund is less or is anticipated to be less than $1,000,000 by reason of any proposed payments by the Fund to one or more claimants, the Committee may require each participant to pay the amount that the Committee determines is necessary to bring the level of the Fund up to at least $1,000,000, to be paid within the time period and in relation to the time period that the Committee determines.  O. Reg. 30/11, s. 198 (4).
Administration of Fund
 199. (1) All money received from participants or others and held in the Fund and all income on the money, including any rights or benefits accruing from the investment of the money, shall constitute the Fund to be dealt with and distributed in accordance with this Part.  O. Reg. 30/11, s. 199 (1). (2) The Trustee shall hold the Fund in trust for the benefit of the holders of claims that the Committee approves under section 202.  O. Reg. 30/11, s. 199 (2). (3) No payment shall be made out of the Fund to satisfy or settle any claim or judgment or other court order resulting from the fraud, negligence or wilful misconduct of the Trustee.  O. Reg. 30/11, s. 199 (3). (4) The Committee shall maintain a record of payments or other amounts received from, on behalf of or in respect of each participant and shall credit the payments and amounts to one or more participants.  O. Reg. 30/11, s. 199 (4). (5) The Committee’s decision in respect of crediting under subsection (4) is final.  O. Reg. 30/11, s. 199 (5). (6) No credit of a payment or amount to the Fund with respect to a participant gives the participant any right to that payment or amount or any part of it.  O. Reg. 30/11, s. 199 (6). (7) The Trustee shall keep the Fund invested in approved securities.  O. Reg. 30/11, s. 199 (7). (8) The Trustee shall collect and receive all income from the Fund.  O. Reg. 30/11, s. 199 (8). (9) The Trustee shall maintain books and records that clearly identify all approved securities and property howsoever held by it that are part of the Fund.  O. Reg. 30/11, s. 199 (9). (10) Records of all transactions mentioned in this section with respect to the administration of the Fund shall be based on a fiscal year ending March 31.  O. Reg. 30/11, s. 199 (10); O. Reg. 122/16, s. 1.
Financial statements
 200. (1) The Committee shall deliver a copy of the financial statements of the Fund certified by the Committee to each member of the Authority and to the registrar within 30 days after the end of each fiscal year or as soon after that as is reasonably practicable.  O. Reg. 30/11, s. 200 (1); O. Reg. 288/15, s. 4. (2) The financial statements of the Fund shall include, where applicable, at least the following information: 1. The amount owing under section 198 by any participant to the Fund that has not been paid when due. 2. The amount of all receipts and the sources of them. 3. The amount of all payments on behalf of participants. 4. A statement of all receipts and disbursements for claims in respect of each participant who failed to meet any of the participant’s obligations or liabilities under section 198 during the fiscal period to which the statements relate. 5. A statement of all credits and debits to the capital of the Fund. 6. A statement of all fees, costs, charges and expenses paid from the income or capital of the Fund or owing by the Fund for expenses incurred during the fiscal period to which the statements relate. 7. All other information with respect to the Fund, in addition to that described in paragraphs 1 to 6, that the Authority or the registrar requires.  O. Reg. 30/11, s. 200 (2); O. Reg. 288/15, s. 4. (3) The Trustee shall provide a quarterly statement to the Committee of the assets of the Fund at book value and fair market value and a statement of any acquisitions and dispositions of investments during the quarter to which the statement relates.  O. Reg. 30/11, s. 200 (3). (4) The Authority shall ensure that the financial statements of the Fund are available to any participant for inspection upon request during the normal office hours of the Authority.  O. Reg. 30/11, s. 200 (4); O. Reg. 288/15, s. 4.
Reporting
 201. (1) The Committee shall, when required by the Minister, provide to the Minister the information, books, records or documents respecting the affairs of the Fund that the Minister specifies.  O. Reg. 30/11, s. 201 (1). (2) If the Authority considers it advisable, it may direct that the affairs of the Fund be audited.  O. Reg. 30/11, s. 201 (2); O. Reg. 288/15, s. 4. (3) The Committee shall assist the Authority in performing an audit mentioned in subsection (2) and shall provide all books and records and other information that are required in that connection.  O. Reg. 30/11, s. 201 (3); O. Reg. 288/15, s. 4. Claims against Fund
Claims against Fund
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Hearing by Tribunal and decision
 203. (1) If the Committee determines that a claim or any part of it made under section 202 is not a proper claim, it shall serve notice of its decision, together with written reasons, on the claimant.  O. Reg. 30/11, s. 203 (1). (2) The notice of the Committee’s decision shall inform the claimant that the claimant is entitled to a hearing by the Tribunal if the claimant mails or delivers to the registrar and the Tribunal within 15 days after the notice is served on the claimant, notice in writing requiring a hearing.  O. Reg. 30/11, s. 203 (2). (3) If a claimant who is served with a notice of the Committee’s decision does not request a hearing, the decision of the Committee is final.  O. Reg. 30/11, s. 203 (3). (4) If a claimant requests a hearing before the Tribunal with respect to a determination of the Committee, the Tribunal shall appoint a time for and hold the hearing.  O. Reg. 30/11, s. 203 (4). (5) The claimant who requests the hearing and such other persons as the Tribunal may specify are parties to the hearing.  O. Reg. 30/11, s. 203 (5). (6) After holding the hearing, the Tribunal may confirm the determination of the Committee or may set aside the determination of the Committee with respect to all or any part of a claim and direct the Trustee to pay the amount determined by the Tribunal.  O. Reg. 30/11, s. 203 (6). (7) The Committee shall report to the registrar with respect to the determination of each claim.  O. Reg. 30/11, s. 203 (7). Termination of Participation in the Fund
Termination of Participation in the Fund
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Voluntary cancellation of licence
 204. A participant whose licence the registrar cancels under section 21 of the Act shall be deemed to be no longer participating in the Fund on the day that the registrar cancels the licence.  O. Reg. 30/11, s. 204.
Default of participant
 205. (1) If a participant fails to meet an obligation or liability under section 198, the Committee shall forward notice in writing of the failure to the participant and the registrar.  O. Reg. 30/11, s. 205 (1). (2) A participant who receives a notice under subsection (1) shall satisfy the failure or make arrangements satisfactory to the registrar within 10 days from the date of the notice.  O. Reg. 30/11, s. 205 (2). (3) This section does not apply where the failure is due to insolvency, bankruptcy or a voluntary or compulsory winding up of a participant.  O. Reg. 30/11, s. 205 (3).
Documents to file
 206. A participant who ceases to participate in the Fund shall file with the Committee and the registrar the financial statements and other evidence that the Committee in its discretion requires to establish that, (a) the affairs of the participant are settled; (b) there are no claims against the Fund; and (c) the participant has made arrangements satisfactory to the Committee to ensure that all liabilities and obligations of the participant that could give rise to claims against the Fund have been met and discharged.  O. Reg. 30/11, s. 206. Trustee
Trustee
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Appointment
 207. (1) With the approval of the Authority, the Committee shall appoint a trust corporation registered under the Loan and Trust Corporations Act as the Trustee.  O. Reg. 30/11, s. 207 (1); O. Reg. 288/15, s. 4. (2) The Trustee may resign as Trustee by giving 90 days notice in writing to the Authority.  O. Reg. 30/11, s. 207 (2); O. Reg. 288/15, s. 4. (3) The Committee or the Authority may require the removal of the Trustee on giving 90 days notice in writing to the Trustee.  O. Reg. 30/11, s. 207 (3); O. Reg. 288/15, s. 4. (4) If the Trustee resigns, is removed or is unable to act, the Committee, with the approval of the Authority, shall appoint another trust corporation registered under the Loan and Trust Corporations Act as a successor Trustee.  O. Reg. 30/11, s. 207 (4); O. Reg. 288/15, s. 4. (5) Upon accepting the appointment as successor Trustee, the successor shall, subject to subsection (6), have vested in it without further act or formality, all rights and powers given under this Part to the Trustee who resigned, was removed or was unable to act.  O. Reg. 30/11, s. 207 (5). (6) Upon the written request of the Committee, the Trustee ceasing to act shall execute and deliver an instrument in writing transferring to the successor Trustee all the rights, powers and Fund assets reposing in or with the Trustee ceasing to act and shall do all other acts or things necessary or desirable for the vesting of the Fund assets in the successor Trustee.  O. Reg. 30/11, s. 207 (6). (7) A Trustee ceasing to act shall render to the Authority and to the Committee an account of its administration.  O. Reg. 30/11, s. 207 (7); O. Reg. 288/15, s. 4. (8) The trustee of the compensation fund under the Funeral Directors and Establishments Act on the day before the day this Part comes into force shall be deemed to be the Trustee until a new trustee is appointed under this section.  O. Reg. 30/11, s. 207 (8).
General powers
 208. (1) The Trustee may act upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, letter, telegram, cablegram or other paper or document believed by it on reasonable grounds to be genuine and to have been signed, sent or delivered by or on behalf of the proper parties.  O. Reg. 30/11, s. 208 (1). (2) The Trustee may employ or retain the counsel, accountants, appraisers or other experts or advisors that it may reasonably require for the purpose of discharging its duties under this Part and may act on the opinion or advice of or information obtained from any of them and shall not be responsible for any misconduct on the part of any of them.  O. Reg. 30/11, s. 208 (2).
Investments
 209. (1) In administering the Fund, the Trustee shall deal with the property of the Fund in accordance with the Trustee Act.  O. Reg. 30/11, s. 209 (1). (2) The Trustee shall not be required to give any bond or other security for the performance of its duties.  O. Reg. 30/11, s. 209 (2). (3) Except if the loss results from its own fraud, negligence or wilful misconduct, the Trustee shall not be responsible for any loss in the property of the Fund of whatever character, including a loss resulting from, (a) the making of any investments; (b) the retention in good faith for any length of time of securities or other property of whatsoever character purchased or acquired by it, even if the securities or property are not income producing; or (c) any mistake in judgment made in good faith.  O. Reg. 30/11, s. 209 (3).
Fees and expenses
 210. (1) The Trustee’s fee for performing its duties under this Part shall be the fee that is mutually agreed upon between the Authority and the Trustee.  O. Reg. 30/11, s. 210 (1); O. Reg. 288/15, s. 4. (2) In addition to the fee mentioned in subsection (1), the Trustee is entitled to be reimbursed for all expenses that the Trustee reasonably incurs in the performance of its duties under this Part.  O. Reg. 30/11, s. 210 (2). (3) All fees and expenses of the Trustee and the expenses that the Committee directs be paid from the Fund shall be deducted first from the income of the Fund and, if there is any deficiency, from the capital of the Fund.  O. Reg. 30/11, s. 210 (3).
Reports to Committee
 211. The Trustee shall furnish the Committee with all information, records and documents in its possession in connection with this Part and its administration of the Fund that the Committee reasonably requests.  O. Reg. 30/11, s. 211. Part v   delegation of regulation-making authority to the minister and discipline
PART V DELEGATION OF REGULATION-MAKING AUTHORITY TO THE MINISTER AND DISCIPLINE
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Delegation of regulation-making authority
 212. The authority to make regulations relating to the matters described in the following provisions of the Act is delegated to the Minister: 1. Paragraph 22 of subsection 113 (1) with respect to governing the maximum amount that an operator may specify on a price list, i. as a refundable deposit to inter unclaimed cremated human remains, ii. for providing one or more services under subsection 164 (1) or (2) of this Regulation, iii. for receiving human remains from an irregular burial site, and iv. for providing a service under subsection 188 (1) of this Regulation. 1.1 Paragraphs 42 and 43 of subsection 113 (1). 2. Paragraph 54 of subsection 113 (1) with respect to exempting any person, class of person or class of licensee from section 54 of the Act. 3. Paragraph 17.2 of subsection 113 (2). 4. Paragraph 20 of subsection 113 (2) with respect to payments for providing one or more services under subsection 164 (1) or (2) of this Regulation. 5. Paragraph 29 of subsection 113 (2). 6. Paragraph 6 of subsection 113 (3). 7. Paragraph 8 of subsection 113 (3) with respect to payments for providing a service under subsection 188 (1) of this Regulation.  O. Reg. 30/11, s. 212; O. Reg. 122/16, s. 2.
Order of discipline committee
 212.1 The Bereavement Authority of Ontario is prescribed for the purposes of paragraph 5 of subsection 64 (2) of the Act. O. Reg. 288/15, s. 6.
Transition
 212.2 Part VIII of the Act and any regulation made under it applies to licensees who were subject to disciplinary proceedings under sections 16, 17 and 18 of the Board of Funeral Services Act immediately before the repeal of that Act. O. Reg. 288/15, s. 6. Part Vi   Transitional matters Definition
PART VI TRANSITIONAL MATTERS
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Definition
 213. In this Part, “former Act” means, (a) the Cemeteries Act (Revised), including a predecessor Act to it and a private Act relating to a cemetery, or (b) the Funeral Directors and Establishments Act, as it read on the day immediately before Part IV of the Funeral, Burial and Cremation Services Act, 2002 comes into force, including a predecessor Act to that Funeral Directors and Establishments Act.  O. Reg. 30/11, s. 213. Licences
Funeral Establishment Operator
 214. (1) A person who, on the day immediately before section 8 of the Act comes into force, operates premises that are established for the purpose of temporarily placing human remains so that persons may attend and pay their respects is deemed to be licensed under the Act as a Funeral Establishment Operator – Class 2 with respect to those premises.  O. Reg. 30/11, s. 214 (1). (2) The premises mentioned in subsection (1) do not include, (a) premises whose primary functions do not include being used for the purpose of temporarily placing human remains so that persons may attend and pay their respects but that are occasionally used for that purpose; or (b) premises that are identified as the premises of a person licensed as a Funeral Establishment Operator – Class 1.  O. Reg. 30/11, s. 214 (2). (3) A deemed licence mentioned in subsection (1) expires on the December 31 that is at least three months after the day section 14 of the Act comes into force.  O. Reg. 30/11, s. 214 (3).
Transfer Service Operator
 215. For the purposes of subsection 13 (3) of the Act, a person licensed to operate a transfer service under the Funeral Directors and Establishments Act on the day immediately before the day section 12 of the Act comes into force is deemed to be licensed under the Act as a Transfer Service Operator – Class 2.  O. Reg. 30/11, s. 215.
Funeral Director
 216. (1) A person licensed as a funeral director under the Funeral Directors and Establishments Act on the day immediately before section 9 of the Act comes into force is deemed to be licensed as, (a) a Funeral Director – Class 1, if the person is licensed under that Act in the class authorizing the performing of embalming; and (b) a Funeral Director – Class 2, if the person is licensed under that Act in the class not authorizing the performing of embalming.  O. Reg. 30/11, s. 216 (1). (2) A deemed licence mentioned in subsection (1) expires on the December 31 that is at least three months after the day section 14 of the Act comes into force.  O. Reg. 30/11, s. 216 (2).
Sales Representative
 217. (1) A person is deemed to be licensed as a sales representative for a cemetery operator, crematorium operator or transfer service operator, as the case may be, if the person is employed as a sales representative for the operator on the day immediately before section 14 of the Act comes into force.  O. Reg. 30/11, s. 217 (1). (2) Subsection (1) does not apply to a person employed as a sales representative for an operator who is exempt from clause 4 (2) (a) of the Act by reason of subsection 7 (1) of this Regulation.  O. Reg. 30/11, s. 217 (2). (3) A deemed licence mentioned in subsection (1) expires on the December 31 that is at least three months after the day section 14 of the Act comes into force.  O. Reg. 30/11, s. 217 (3).
Funeral preplanner
 218. (1) A person who, on the day immediately before section 9 of the Act comes into force, is employed in the sale of funeral supplies or services on behalf of a funeral establishment licensed under the Funeral Directors and Establishments Act, other than a funeral director licensed under that Act, is deemed to be registered as a funeral preplanner intern for that funeral establishment.  O. Reg. 30/11, s. 218 (1). (2) A deemed registration mentioned in subsection (1) expires on the day that is 12 months after the day section 14 of the Act comes into force.  O. Reg. 30/11, s. 218 (2).
Outstanding applications for licences
 219. An application for a licence or a renewal of a licence under a former Act that has not been finally determined on the day section 14 of the Act comes into force is deemed to be an application for a licence or renewal of licence under the Act, as the case may be, and shall be determined as if it were an application for licence or renewal of licence, as the case may be, under the Act.  O. Reg. 30/11, s. 219.
Educational requirements for a licence
 220. An education program and examination set or approved by the Board under section 3 or 11 of Regulation 470 of the Revised Regulations of Ontario, 1990 (Licensing and Business Practices) made under the Funeral Directors and Establishments Act on the day immediately before the day section 14 of the Act comes into force is deemed to be an educational program set by the registrar under section 42 of this Regulation for the purposes of licensing funeral directors or transfer service operators until the registrar directs otherwise.  O. Reg. 30/11, s. 220. Reporting and Filing Obligations
Reporting and Filing Obligations
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Notification to registrar of employees
 221. An operator who, under this Part or section 13 of the Act, is deemed to be licensed shall notify the registrar in writing, within 30 days of the day section 13 of the Act comes into force, of the names of all persons employed by the operator and engaged in activity that results in the person being deemed to be licensed as a sales representative or registered as a funeral preplanner intern under section 217 or 218, as applicable.  O. Reg. 30/11, s. 221.
Obligations under a former Act
 222. Despite the repeal of a former Act, an obligation to provide or file documents with the Registrar appointed under the former Act shall continue as an obligation to provide or file the documents with the registrar under the Act.  O. Reg. 30/11, s. 222. Consumer Protection
Consumer Protection
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Contracts
 223. (1) Subject to subsection (2), Part V of the Act does not invalidate a contract entered into under a former Act before the day Part V of the Act comes into force.  O. Reg. 30/11, s. 223 (1). (2) If a contract entered into under a former Act before the day Part V of the Act comes into force is renewed or amended after that day, it shall comply with the Act.  O. Reg. 30/11, s. 223 (2).
Trust money
 224. An operator who holds a licence under the Act or who, under this Part or section 13 of the Act, is deemed to hold a licence under the Act may hold trust money obtained under a former Act in a trust account or a pooled trust fund or account established under the Act only if, (a) the records maintained for the account or fund permit the separate tracking and reporting on funds in the account or fund as funds under a former Act or funds under the Act; (b) the account or fund is for licensed supplies or services the operator is licensed to provide; and (c) if it is a pooled trust fund or account, the requirements of section 80 of this Regulation are met.  O. Reg. 30/11, s. 224. Enforcement
Enforcement
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Inspections
 225. (1) A person authorized to conduct an inspection under section 67 of the Act may conduct an inspection for the purposes of determining whether a person, (a) has contravened or failed to comply with a former Act or a regulation made under a former Act if no final determination has been made in respect of the contravention or failure to comply; (b) has contravened or failed to comply with a term or condition of a licence issued under a former Act if no final determination has been made in respect of the contravention or failure to comply; or (c) is complying with an order made under a former Act.  O. Reg. 30/11, s. 225 (1). (2) During an inspection under subsection (1), an inspector may exercise any of the powers of inspection available under section 67 of the Act.  O. Reg. 30/11, s. 225 (2).
Investigators
 226. An investigator may conduct an investigation with respect to matters described in clause 225 (1) (a), (b) or (c) of this Regulation and for that purpose may exercise any of the powers of investigation available under section 70, 70.1 or 71 of the Act.  O. Reg. 30/11, s. 226.
Receivers, managers and trustees
 227. (1) A manager or a receiver and manager appointed under a former Act no later than the day before the day on which section 77 of the Act comes into force is deemed to be a receiver and manager appointed under that section.  O. Reg. 30/11, s. 227 (1). (2) A trustee of a care and maintenance fund or account appointed under a former Act no later than the day before the day on which section 53 of the Act comes into force is deemed to be a trustee appointed under that section.  O. Reg. 30/11, s. 227 (2). Miscellaneous
Outstanding proceedings
 228. (1) A complaint, hearing or appeal that was commenced under a former Act and that has not been finally determined on the day the Act comes into force shall be continued under the former Act.  O. Reg. 30/11, s. 228 (1). (2) An abandonment or closure application that was initiated under the Cemeteries Act (Revised) and that has not been finally determined on the day section 114 of the Act comes into force shall be dealt with in accordance with that Act.  O. Reg. 30/11, s. 228 (2).
Application to other burial sites
 229. The Act and the regulations apply to, (a) a burial site under the Cemeteries Act (Revised) that is not an irregular burial site under that Act and for which a site disposition agreement has not been concluded; and (b) an irregular burial site under the
Cemeteries Act (Revised) that has been identified to the registrar before the day the Act comes into force and that has not been dealt with.  O. Reg. 30/11, s. 229.
Fees
 230. A fee paid for a matter under a former Act shall be deemed to have been paid in relation to a fee owing for the matter under section 108 of the Act if the fee paid is in relation to a period of time that includes time following the day that section comes into force.  O. Reg. 30/11, s. 230. 231. Revoked: O. Reg. 288/15, s. 8.  Français