jswizzle3737/ontario_laws_and_regs huggingface dataset:
Registrar’s consent
 146. (1) Subject to this section, for the purposes of subsection 83 (1) of the Act, a person shall not establish, alter or increase the capacity of a cemetery without the consent of the registrar.  O. Reg. 30/11, s. 146 (1). (2) A person is not required to obtain the consent of the registrar if the person complies with subsection (3) and, (a) alters a cemetery in a way that does not increase the total physical space of the land of the cemetery and that does not involve the establishment of a columbarium or mausoleum; (b) subject to clause (d), alters a columbarium or mausoleum on land already established as a cemetery in a way that does not increase the total volume of the building; (c) establishes a small scale columbarium or a small scale mausoleum on land already established as a cemetery; or (d) increases the volume of a small scale columbarium or a small scale mausoleum on land already established as a cemetery if the total volume of the columbarium or mausoleum after the increase does not exceed the total volume set out in the definitions of a small scale columbarium or a small scale mausoleum.  O. Reg. 30/11, s. 146 (2). (3) Subject to subsection (4), a person who is not required to obtain the registrar’s consent under subsection (2) shall file, with the registrar, a detailed plan of the proposed alteration or increase in capacity at least 30 days before commencing the alteration or increase in capacity.  O. Reg. 30/11, s. 146 (3). (4) The registrar may authorize a person mentioned in subsection (3) not to file the detailed plan described in that subsection if the registrar is of the opinion that the proposed alteration or increase in capacity does not materially affect the operation of the cemetery involved.  O. Reg. 30/11, s. 146 (4).
Application for registrar’s consent
 147. (1) An application for the registrar’s consent to the establishment, alteration or increase in the capacity of a cemetery under subsection 86 (1) of the Act shall include the following documents: 1. A general plan of the cemetery drawn to scale and showing compass bearings, lot numbers and the location and dimensions of every lot, scattering ground, walk, fence, road, watercourse, building and adjoining road in the portion of the cemetery to be available for interments or scatterings. 2. A copy of any site plan agreement under the Planning Act, that is relevant to the cemetery. 3. If the application for consent is for the establishment of a cemetery or an increase in the capacity of a cemetery by means of an increase in the total physical space of its land and if the cemetery will include in-ground burial of human remains, a certificate of a medical officer of health stating that the land is suitable for use as a cemetery. 4. If the cemetery or any part of it is designated under the Ontario Heritage Act, a copy of the designation by-law.  O. Reg. 30/11, s. 147 (1). (2) The general plan of the cemetery shall be, (a) prepared by an Ontario Land Surveyor or prepared from a deposited reference plan of survey of the cemetery land; and (b) certified by the applicable local municipality or by the Minister of Natural Resources and Forestry as having been approved by the local municipality or the Minister, as the case may be.  O. Reg. 30/11, s. 147 (2); O. Reg. 48/15, s. 15. (3) The operator of the cemetery shall keep a copy of the general plan available for public inspection during regular business hours.  O. Reg. 30/11, s. 147 (3).
Notice of application
 148. (1) A person who requires the registrar’s consent under subsection 83 (1) of the Act to establish, alter or increase the capacity of a cemetery shall, before applying for the consent, (a) give written notice of the person’s intention to apply for consent to each interment and scattering rights holder if the lot or scattering ground to which the rights relate is within 9.14 metres or 30 feet of the area in which the proposed establishment, alteration or increase is to take place, by mailing it to the last address known to the person, unless the registrar directs another means of giving the notice; (b) ensure that notice of the intention to apply for consent is published once a week for two consecutive weeks in a newspaper with general circulation in the locality in which the cemetery is to be established or is located; and (c) post notice of the intention to apply for consent in a conspicuous place at the entrance to the cemetery or the area of land that is the subject of the application for four consecutive weeks.  O. Reg. 30/11, s. 148 (1). (2) A person who is required to give notice under subsection (1) shall do so no later than, (a) the time of requesting the approval of the local municipality or the Minister of Natural Resources and Forestry under subsection 83 (2) of the Act, if that subsection applies; or (b) the time of applying for the registrar’s consent under subsection 83 (1) of the Act is  made if the cemetery is situated in territory without municipal organization, but not on Crown land.  O. Reg. 30/11, s. 148 (2); O. Reg. 48/15, s. 15.
Municipal approval
 149. For the purposes of clause 83 (1) (a) of the Act, a building permit issued by a local municipality for a columbarium or mausoleum is evidence of the approval of the municipality to the alteration or increase in the capacity of a cemetery.  O. Reg. 30/11, s. 149. Cemetery By-laws
Cemetery By-laws
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Cemetery by-laws
 150. (1) A cemetery operator may make by-laws governing the operation of the cemetery and, in particular, governing rights, entitlements and restrictions with respect to interment and scattering rights.  O. Reg. 30/11, s. 150 (1). (2) A cemetery by-law shall not prohibit an interment or scattering rights holder from making required arrangements with the cemetery operator by telephone or otherwise if the arrangements are necessary to exercise the rights.  O. Reg. 30/11, s. 150 (2). (3) No cemetery operator shall operate a cemetery except in accordance with the by-laws of the cemetery.  O. Reg. 30/11, s. 150 (3). (4) A cemetery’s by-laws shall specify the documentation required in order to carry out an interment, scatterings or the installation of a marker.  O. Reg. 30/11, s. 150 (4). (5) A provision of a cemetery by-law made before the day the Act comes into force that is inconsistent with the Act or regulations is invalid and of no effect and the approval of the registrar of it shall be deemed to be revoked without any further notice.  O. Reg. 30/11, s. 150 (5).
Approval of by-laws
 151. (1) No cemetery by-law or by-law amendment is effective until, (a) the cemetery operator has filed it with the registrar in a form and manner approved by the registrar and has complied with subsection (3); and (b) the registrar has approved it, except if subsection (2) does not require it to have the registrar’s approval.  O. Reg. 30/11, s. 151 (1). (2) A by-law or by-law amendment filed by a cemetery operator is not required to have the registrar’s approval if, (a) it is a standardized by-law previously filed with and approved by the registrar; and (b) the cemetery operator filing the by-law or by-law amendment has provided the registrar with details of the standardized by-law.  O. Reg. 30/11, s. 151 (2). (3) The cemetery operator shall ensure that notice of the filing of the by-law or by-law amendment is, (a) published once in a newspaper with general circulation in the locality in which the cemetery is located; (b) conspicuously posted on a sign at the entrance of the cemetery; and (c) delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the by-law or by-law amendment pertains to markers or their installation.  O. Reg. 30/11, s. 151 (3). (4) The notice mentioned in subsection (3) shall, (a) state the location at which interested persons may review the by-law or by-law amendment and make a copy of it; (b) indicate that the by-law or by-law amendment is not effective until the registrar approves it, except if subsection (2) does not require it to have the registrar’s approval; and (c) provide contact information for the registrar and the cemetery operator for purposes of making submissions relating to the by-law or by-law amendment.  O. Reg. 30/11, s. 151 (4). (5) The cemetery operator shall make reasonable efforts to ensure that the notice posted under clause (3) (b) remains posted until, (a) the time under subsection 152 (4) for appeal from the registrar’s refusal to approve has expired, if the by-law or by-law amendment is required to have the registrar’s approval and no appeal is brought; (b) the Tribunal makes a decision, if the by-law or by-law amendment is required to have the registrar’s approval and an appeal is brought under subsection 152 (4); and (c) four weeks have expired, if subsection (2) does not require the by-law or by-law amendment to have the registrar’s approval.  O. Reg. 30/11, s. 151 (5).
Refusal of approval
 152. (1) The registrar shall approve a by-law or by-law amendment filed under subsection 151 (1) unless, (a) approval of the by-law or by-law amendment is not in the public interest; or (b) the effect of the by-law or by-law amendment is to give the cemetery operator or other supplier an unreasonable or unfair competitive advantage over another supplier.  O. Reg. 30/11, s. 152 (1). (2) If the registrar refuses to approve a by-law or by-law amendment, the registrar shall give the cemetery operator written notice of the refusal.  O. Reg. 30/11, s. 152 (2). (3) The notice of refusal shall include reasons and a statement that the cemetery operator may appeal the refusal.  O. Reg. 30/11, s. 152 (3). (4) A cemetery operator may appeal the registrar’s refusal to approve a by-law or by-law amendment to the Tribunal, by mailing or delivering, within 15 days after service of the notice of refusal, a written request for a hearing to the registrar and to the Tribunal.  O. Reg. 30/11, s. 152 (4).
Revocation of approval
 153. (1) The registrar may revoke the approval of a cemetery by-law or by-law amendment if the registrar is satisfied that, (a) the by-law or by-law amendment is not or is no longer in the public interest; or (b) the effect of the by-law or by-law amendment is to give the cemetery operator or other supplier an unreasonable or unfair competitive advantage over another supplier.  O. Reg. 30/11, s. 153 (1). (2) The registrar shall not revoke the approval until the registrar has given the cemetery operator written notice of a proposal to revoke the approval.  O. Reg. 30/11, s. 153 (2). (3) The notice of proposal shall include reasons and a statement that the cemetery operator may appeal the proposal to revoke the approval.  O. Reg. 30/11, s. 153 (3). (4) A cemetery operator may appeal the registrar’s proposal to revoke the approval to the Tribunal, by mailing or delivering, within 15 days after service of the notice of proposal, a written request for a hearing to the registrar and to the Tribunal.  O. Reg. 30/11, s. 153 (4). (5) If the cemetery operator appeals the proposal to revoke the approval, the approval remains in effect until the Tribunal makes a decision.  O. Reg. 30/11, s. 153 (5). (6) If the cemetery operator does not appeal the proposal to revoke the approval, the approval is revoked on the day following the expiry of the time for appeal.  O. Reg. 30/11, s. 153 (6). Physical Standards for Cemeteries
Physical Standards for Cemeteries
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In-ground graves
 154. (1) A cemetery operator shall ensure that an in-ground grave, in which the remains of a deceased person who was at least 16 years of age are to be buried, is at least 2.44 metres or eight feet long and 0.91 metres or three feet wide, excluding space for a marker.  O. Reg. 30/11, s. 154 (1). (2) If the remains of a deceased person are buried in an in-ground grave, the cemetery operator shall ensure that the remains are buried at least 0.61 metres or two feet beneath the natural level of the ground surface.  O. Reg. 30/11, s. 154 (2). (3) Subsections (1) and (2) do not apply to cremated human remains.  O. Reg. 30/11, s. 154 (3).
Buildings
 155. A cemetery operator shall ensure that, (a) any building other than a small scale columbarium or a small scale mausoleum to be installed in the cemetery is at least 4.57 metres or 15 feet away from any in-ground grave or scattering ground; and (b) any new in-ground graves or scattering grounds are placed at least 4.57 metres or 15 feet away from any building other than a small scale columbarium or small scale mausoleum.  O. Reg. 30/11, s. 155.
Access to lots and scattering grounds
 156. A cemetery operator shall ensure that all lots and scattering grounds are placed in a part of the cemetery that is reasonably accessible by members of the public.  O. Reg. 30/11, s. 156.
Drainage
 157. A cemetery operator shall ensure that the cemetery contains the sewers and drains that are necessary to provide proper drainage.  O. Reg. 30/11, s. 157.
Markers
 158. (1) No cemetery operator shall require an interment or scattering rights holder to provide a marker for a lot or scattering ground to which the rights relate.  O. Reg. 30/11, s. 158 (1). (2) Despite subsection (1), a cemetery by-law may require an interment or scattering rights holder to provide a marker if, (a) the marker is required for religious reasons or is a cornerstone; (b) the cemetery by-laws require that the marker be provided; (c) the interment or scattering rights were purchased after the day on which this Part comes into force; and (d) the cemetery by-law requiring the marker had been approved and was in force at the time of the purchase of the interment or scattering rights.  O. Reg. 30/11, s. 158 (2). (3) An interment rights holder or a person authorized to act on the holder’s behalf may install a marker on a lot if the installation of the marker does not contravene the cemetery by-laws.  O. Reg. 30/11, s. 158 (3). (4) A scattering rights holder or a person authorized to act on the holder’s behalf may install a marker on a scattering ground if the cemetery by-laws specifically permit the installation of the marker and the installation is done in accordance with the by-laws.  O. Reg. 30/11, s. 158 (4).
Repair of markers
 159. (1) If a cemetery marker presents a risk to public safety because it is unstable, the cemetery operator shall do whatever is necessary to remove the risk, including repairing, resetting or laying down the marker.  O. Reg. 30/11, s. 159 (1). (2) A cemetery operator shall only use reversible processes to preserve and stabilize a marker.  O. Reg. 30/11, s. 159 (2).
Installation of cemetery supplies
 160. (1) A cemetery operator shall not refuse to install or to permit installation of cemetery supplies if the supplies and their installation comply with the cemetery by-laws.  O. Reg. 30/11, s. 160 (1). (2) In subsection (1), “cemetery supplies” includes interment vaults, markers, flowers, liners, urns, shrubs and artificial wreaths and other articles intended to be placed in a cemetery.  O. Reg. 30/11, s. 160 (2). Interment and Scattering
Interment and Scattering
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Interment and scattering
 161. (1) No cemetery operator shall inter human remains in a lot, other than the remains of the interment rights holder, without the written consent of the interment rights holder.  O. Reg. 30/11, s. 161 (1). (2) No cemetery operator shall scatter cremated human remains in a scattering ground, other than the remains of the scattering rights holder, without the written consent of the scattering rights holder.  O. Reg. 30/11, s. 161 (2). (3) No cemetery operator shall, (a) sell or provide interment or scattering rights for a limited term, or offer to do so; (b) inter or permit the interment of humans remains for a limited term, or offer to do so; or (c) scatter or permit the scattering of cremated human remains for a limited term, or offer to do so.  O. Reg. 30/11, s. 161 (3). (4) A burial permit under the Vital Statistics Act is not required for the interment of products of conception that do not constitute a still-birth under that Act and for which no burial permit under that Act is therefore required to be issued.  O. Reg. 30/11, s. 161 (4).
Interment and scattering rights certificates
 163. (1) A certificate of interment or scattering rights shall include, (a) the name and location of the cemetery in which the interment or scattering is to take place; (b) the name of the interment or scattering rights holder; (c) the location and dimensions of the lot or scattering ground to which the interment or scattering rights relate; (d) the date on which the interment or scattering rights are purchased or transferred, as the case may be; (e) the amount paid by the purchaser for the interment or scattering rights; (f) the amount deposited into the care and maintenance fund or account for the interment or scattering rights; (g) a statement that, if the interment or scattering rights holder resells or transfers the interment or scattering rights, the endorsed certificate must be returned to the operator before the operator is required to issue a new certificate; (h) in a conspicuous manner on the certificate, a statement whether any restrictions or obligations exist with respect to the installation of markers and if so, a statement of what they are or a reference to the by-laws containing them; (i) if the interment rights are in a private structure, the total number of niches, crypts or compartments in the structure; and (j) if the scattering rights are in a private scattering ground, the total number of scatterings permitted in the scattering ground, including whether the number is unlimited.  O. Reg. 30/11, s. 163 (1). (2) A cemetery operator shall issue a new certificate of interment or scattering rights to a new holder of the rights after the cemetery operator has received the endorsed certificate under subsection 115 (3).  O. Reg. 30/11, s. 163 (2). (3) A cemetery operator may charge a reasonable fee to recover the cost of issuing the new certificate.  O. Reg. 30/11, s. 163 (3).
Assisted burials
 164. (1) Upon receiving a written direction from a delivery agent, as defined in the Ontario Works Act, 1997, a cemetery operator who has an available lot shall, (a) provide a lot for the interment of the remains of any person mentioned in the direction; (b) provide opening and closing services in conjunction with the interment; and (c) install a marker if, (i) one is provided to the operator, (ii) the operator installs markers for other persons at the cemetery, and (iii) the cemetery by-laws permit the installation.  O. Reg. 30/11, s. 164 (1). (2) Upon receiving a written direction from a delivery agent, as defined in the Ontario Works Act, 1997, a cemetery operator who offers scatterings in the cemetery and who has a common scattering ground available for a scattering shall, (a) scatter, or permit the scattering of, the cremated remains of any person mentioned in the direction; and (b) install a marker if, (i) one is provided to the operator, (ii) the operator installs markers for other persons at the cemetery, and (iii) the cemetery by-laws permit the installation.  O. Reg. 30/11, s. 164 (2). (3) Despite subsections (1) and (2), if a cemetery restricts interment and scattering of human remains to members of a defined religious organization, the cemetery operator is not required to inter or scatter the remains of a deceased person who is not a member of that religious organization or to permit the interment or scattering.  O. Reg. 30/11, s. 164 (3). Care and Maintenance Fund or Account
Care and Maintenance Fund or Account
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Disposition of fund or account on cemetery closing
 165. (1) When a certificate of closing issued by the registrar under section 90 of the Act is registered in the appropriate land registry office, the trustee of a care and maintenance fund or account for the cemetery shall pay out the amount on deposit in the fund or account, as the case may be, in accordance with subsection (2).  O. Reg. 30/11, s. 165 (1). (2) The trustee shall repay to the cemetery operator all or part of the original deposit made under section 86 that the cemetery operator has not already recovered under subsection 87 (7) and shall deal with any trust money remaining in accordance with section 91 of the Act.  O. Reg. 30/11, s. 165 (2).
Payment upon installation of marker
 166. (1) For the purposes of subsections 53 (9) and (10) of the Act, the prescribed amount is as follows: 1. $0, in the case of a flat marker measuring less than 1,116.13 square centimetres (173 square inches). 2. $100, in the case of a flat marker measuring at least 1,116.13 square centimetres (173 square inches). 3. $200, in the case of an upright marker measuring 1.22 metres (four feet) or less in height and 1.22 metres (four feet) or less in length, including the base. 4. $400, in the case of an upright marker measuring more than 1.22 metres (four feet) in either height or length, including the base.  O. Reg. 30/11, s. 166 (1); O. Reg. 258/21, s. 8. (2) A person on behalf of whom a marker is installed in a cemetery to replace a marker that has been damaged and cannot be repaired and the cemetery operator are exempt from subsections 53 (9) and (10) of the Act.  O. Reg. 30/11, s. 166 (2).
Payment upon installation of private structure
 167. (1) In this section, “price”, (a) with respect to a mausoleum or columbarium or land associated with either of them, means the price payable for it, excluding taxes, and (b) with respect to the purchase of interment rights, means the price payable for the purchase, excluding taxes, regardless of whether the price is payable by the purchaser of the interment rights or by the person on behalf of whom the mausoleum or columbarium is to be installed.  O. Reg. 30/11, s. 167 (1). (2) Subject to subsection (3), the prescribed amount for the purposes of subsections 53 (11) and (13) of the Act is as follows: 1. In the case of a private mausoleum, the greater of, i. 20 per cent of the sum of, A. the total price of the mausoleum, including the prices associated with each stage of the process, from the obtaining of approvals, through design and construction, to and including installation and readiness for interment purposes, B. the price of the land associated with the mausoleum, and C. the price of all of the interment rights associated with the mausoleum, and ii. $575 multiplied by the number of tombs, crypts and compartments in the mausoleum. 2. In the case of a private columbarium, the greater of, i. 15 per cent of the sum of, A. the total price of the columbarium, including the prices associated with each stage of the process, from the obtaining of approvals, through design and construction, to and including installation and readiness for interment purposes, B. the price of the land associated with the columbarium, and C. the price of all of the interment rights associated with the columbarium, and ii. $115 multiplied by the number of niches and compartments in the columbarium.  O. Reg. 30/11, s. 167 (2); O. Reg. 258/21, s. 9 (1-3). (3) If, after a cemetery operator pays an amount into a care and maintenance fund or account in respect of a sale or transfer of interment rights for an in-ground grave, the interment rights holder requests the installation of a private mausoleum or private columbarium on the same lot where permitted under the by-laws for the cemetery, the prescribed amount for the purposes of subsections 53 (11) and (13) of the Act is the amount determined under subsection (2) less the amount that the operator paid into the fund in respect of the sale or transfer of the interment rights for the in-ground grave.  O. Reg. 30/11, s. 167 (3); O. Reg. 258/21, s. 9 (4).
Other payments
 168. The following amounts are prescribed as the amounts that a cemetery operator is required to pay into a care and maintenance fund or account for the purposes of subsection 53 (14) of the Act: 1. In the case of an in-ground grave that is 2.23 square metres or 24 square feet or larger, the greater of 40 per cent of the price of the interment rights as set out on the price list and $290. 2. In the case of an in-ground grave that is smaller than 2.23 square metres or 24 square feet, the greater of 40 per cent of the price of the interment rights as set out in the price list and $175. 3. In the case of a tomb, crypt or compartment in a public mausoleum, the greater of 20 per cent of the price of the interment rights as set out on the price list and $830. 4. In the case of a niche or compartment in a public columbarium, the greater of 15 per cent of the price of the interment rights as set out on the price list and $165. 5. In the case of a scattering ground for which there will be only one scattering rights holder, the greater of 40 per cent of the price of the scattering rights as set out on the price list and $115. 6. In the case of a scattering ground for which there will be more than one scattering rights holder, the greater of 15 per cent of the price of the scattering rights as set out on the price list and $30. 7. In the case of a scattering ground for which there will be no scattering rights holders, $30.  O. Reg. 30/11, s. 168; O. Reg. 258/21, s. 10.
Minister’s Review
 168.1 The Minister shall conduct a review of the amounts prescribed for the purposes of section 53 of the Act at least once every five years. O. Reg. 258/21, s. 11. Capital Gains
Capital Gains
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Release of capital gains
 169. (1) In this section, “capital gains”, in relation to a contract, means the net realized capital gains earned on the money that the cemetery owner received under the contract and held in trust in relation to the contract, after subtracting total realized capital losses from total realized capital gains; (“capital gains”) “contract” means a contract for pre-need supplies or services entered into with a cemetery owner under the Cemeteries Act (Revised) or a predecessor of it. (“contrat”) O. Reg. 30/11, s. 169 (1). (2) A cemetery operator on whose behalf a trustee holds capital gains in trust may apply to the registrar for approval to have the trustee release the capital gains from trust in accordance with subsection (3) or may have the trustee pay out the capital gains in accordance with subsection (4).  O. Reg. 30/11, s. 169 (2). (3) If, on the day immediately before the day this section comes into force, the supplies or services have been delivered or performed under a contract or a contract has been cancelled, the registrar shall approve the release of capital gains on the contract if, upon release, the operator, (a) pays the full amount of the capital gains into the care and maintenance fund or account for the cemetery; or (b) disburses the capital gains in accordance with the directions of the registrar.  O. Reg. 30/11, s. 169 (3). (4) If, on the day immediately before the day this section comes into force, the supplies or services have not been delivered or performed under a contract or a contract has not been cancelled, the capital gains on the contract shall constitute income and if the operator requests the trustee to pay them out under subsection (2), the trustee shall pay them out, (a) in the same manner as income, in accordance with the rules in place under the Cemeteries Act (Revised), if the capital gains relate to a contract entered into before April 1, 1992; or (b) in accordance with the applicable rules under the Act and this Regulation, if the capital gains relate to a contract entered into on or after April 1, 1992.  O. Reg. 30/11, s. 169 (4). Neglected and Abandoned Cemeteries
Neglected and Abandoned Cemeteries
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Neglected cemeteries
 170. (1) A local municipality may order a cemetery operator who does not keep the cemetery in good order and repair to restore it to good order and repair within a reasonable time specified in the order.  O. Reg. 30/11, s. 170 (1). (2) If the cemetery operator does not restore the cemetery as specified in the order, the local municipality may have the required work done and may recover the costs from the cemetery operator.  O. Reg. 30/11, s. 170 (2). (3) The cemetery operator may appeal the order to the registrar within 15 days of being served with it, by sending a written request to the registrar and providing a copy of the request to the local municipality.  O. Reg. 30/11, s. 170 (3). (4) On receiving the request, the registrar shall invite submissions from the cemetery operator and the local municipality and shall make all other inquiries that are appropriate in the circumstances.  O. Reg. 30/11, s. 170 (4). (5) On the appeal, the registrar may, (a) confirm the local municipality’s order; (b) reverse the local municipality’s order; or (c) substitute his or her order for that of the local municipality.  O. Reg. 30/11, s. 170 (5). (6) The Statutory Powers Procedures Act does not apply to an appeal under this section.  O. Reg. 30/11, s. 170 (6). 171. Revoked: O. Reg. 21/14, s. 1. Cemetery Closing
Cemetery Closing
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Notice of cemetery closing
 172. (1) For the purposes of subsection 88 (2) of the Act, a cemetery owner or operator shall give the notice of intention to close a cemetery in accordance with this section.  O. Reg. 30/11, s. 172 (1). (2) The notice shall be published, (a) once in The Ontario Gazette; and (b) once a week for two consecutive weeks in a newspaper with general circulation in the locality in which the cemetery is located.  O. Reg. 30/11, s. 172 (2). (3) The notice shall be given to, (a) each interment and scattering rights holder if the lot or scattering ground to which the rights relate is situated in the part of the cemetery subject to the application for closure; (b) the local municipality in which the cemetery is located; (c) the municipal heritage committee, if any, established under the Ontario Heritage Act
for the locality in which the cemetery is located; (d) the Archives of Ontario, the Ontario Historical Society, the Ontario Archaeological Society and the Ontario Genealogical Society; and (e) the Minister responsible for the administration of the Ontario Heritage Act.  O. Reg. 30/11, s. 172 (3). (4) If given by mail to a person mentioned in clause (3) (a), the notice is sufficiently given if it is mailed to the last address of the rights holder known to the cemetery owner or operator.  O. Reg. 30/11, s. 172 (4). (5) Before publication of the notice under subsection (2), the notice shall be conspicuously posted on a sign at the entrance to the cemetery and, if the closure application relates only to a part of the cemetery, on a sign at the entrance to that part or at the entrance that is nearest to that part.  O. Reg. 30/11, s. 172 (5). (6) The cemetery owner or operator shall make reasonable efforts to ensure that the notice posted under subsection (5) remains posted until, (a) the effective date of the registrar’s order to close the cemetery, if the registrar makes the order for which the cemetery owner has applied; or (b) the registrar gives notice to the cemetery owner that the registrar refuses to grant the owner’s application for an order to close the cemetery.  O. Reg. 30/11, s. 172 (6). (7) For the purposes of subsection 88 (5) of the Act, a person may make submissions to the registrar during the 45-day period that follows the latest of, (a) the last day on which the notice was published under subsection (2); (b) the last day on which the notice was given to the person under subsection (3), if the notice was given to the person under that subsection; and (c) the first day on which the notice was posted under subsection (5).  O. Reg. 30/11, s. 172 (7); O. Reg. 48/15, s. 16.
Records of closed cemetery
 173. (1) If, in an order for the closing of a cemetery, the registrar orders the disinterment or removal of human remains and reinterment or placement of them in a cemetery owned or operated by another person under subclause 88 (7) (b) (i) of the Act, the owner or operator of the cemetery to be closed shall deliver copies of the records relating to the deceased to the other owner or operator.  O. Reg. 30/11, s. 173 (1). (2) If the owner or operator of the cemetery to be closed is the owner or operator of another cemetery and continues to maintain the original records, the owner or operator shall deliver copies of the records to, (a) the nearest municipal, church, religious or other public archive; or (b) the Archives of Ontario, if an archive described in clause (a) refuses to accept the records.  O. Reg. 30/11, s. 173 (2). (3) If the owner or operator of the cemetery to be closed is not the owner or operator of another cemetery, the owner or operator shall deliver the original records to, (a) the nearest municipal, church, religious or other public archive; or (b) the Archives of Ontario, if an archive described in clause (a) refuses to accept the records.  O. Reg. 30/11, s. 173 (3). division C   Burial Sites General
DIVISION C BURIAL SITES
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Burial site investigation
 174. (1) If the registrar orders under section 96 of the Act that an investigation be made to determine the origin of a burial site, an archaeologist who holds a professional licence issued under Part VI of the Ontario Heritage Act shall conduct the investigation.  O. Reg. 30/11, s. 174 (1). (2) A person who conducts an investigation of a burial site shall report to the registrar in writing on the origin of the site, and include the following information: 1. A determination of the probable cultural origin or religious affiliation of the persons whose remains are interred and the basis upon which it is made. 2. A description of the boundaries of the burial site. 3. Details of the style and manner in which the human remains are interred. 4. A description of any artifacts that, in the opinion of the investigator, form part of the burial site. 5. An opinion as to whether the burial site was set aside with the apparent intention of interring human remains in accordance with cultural affinities and the basis upon which the opinion is made. 6. Information relevant to the preparation of a site disposition agreement.  O. Reg. 30/11, s. 174 (2). (3) The person conducting the investigation shall, within five days after beginning the investigation, advise the registrar of the possible cultural origins of the human remains.  O. Reg. 30/11, s. 174 (3). (4) Upon being advised of the possible cultural origins of the human remains, the registrar shall advise those persons who the registrar has reason to believe may be representatives of the person whose remains are interred of the existence of the burial site and the possible cultural origins of the human remains.  O. Reg. 30/11, s. 174 (4).
Preservation of burial sites
 175. (1) If a burial site is discovered and a coroner declares that foul play is not suspected in relation to the human remains at the site, (a) the coroner shall ensure that the registrar is notified; and (b) the owner of the land shall take whatever steps are necessary to preserve the site, the human remains and any artifacts until a final disposition is made in accordance with the Act and the regulations.  O. Reg. 30/11, s. 175 (1). (2) If the coroner declares that foul play is suspected in relation to the discovered human remains, the land ceases to be a burial site.  O. Reg. 30/11, s. 175 (2).
Burial ground notice
 176. (1) At least 30 days before declaring a burial site to be a burial ground under clause 98 (b) of the Act, the registrar shall publish notice of the intended declaration in a newspaper with general circulation in the locality where the burial site is located.  O. Reg. 30/11, s. 176 (1). (2) The notice shall be published once a week for two consecutive weeks.  O. Reg. 30/11, s. 176 (2). (3) The notice shall invite any representative of the persons whose remains are interred in the burial site to contact the registrar within two weeks after the date of the second published notice.  O. Reg. 30/11, s. 176 (3). (4) In addition to the notice mentioned in subsection (1), the registrar shall provide notice of the intended declaration to persons who the registrar believes may be representatives and the notice shall invite the persons to contact the registrar within two weeks of the notice being given.  O. Reg. 30/11, s. 176 (4).
Notice of registrar’s declaration
 177. On making a declaration under section 98 of the Act, the registrar shall serve notice of the declaration on, (a) the owner of the land on which the burial site is located; (b) if the declaration is that the site is an aboriginal peoples burial ground, the representative of each person whose remains are interred at the site; (c) if the declaration is that the site is a burial ground, the representative of each person whose remains are interred at the site who has agreed to be identified as a representative; and (d) if the declaration is that the site is an irregular burial site, the persons, if known to the registrar, who would be representatives of each person whose remains are interred at the site if it were an aboriginal peoples burial ground or a burial ground.  O. Reg. 30/11, s. 177.
Dealing with irregular burial site
 178. (1) If the registrar declares a burial site to be an irregular burial site, the owner of the land shall, (a) ensure that the human remains from the site are interred in a cemetery located in the same local municipality as the site or in an adjoining local municipality; or (b) establish the land, or land in close proximity to the site, as a cemetery.  O. Reg. 30/11, s. 178 (1). (2) If no person has agreed to be identified as a representative for the purposes of clause 177 (c) of this Regulation, the owner of the land on which the burial ground is located shall deal with the human remains as if the burial ground were an irregular burial site, and subsections 99 (2), (3) and (4) of the Act and clause 179 (a) of this Regulation do not apply to the burial ground.  O. Reg. 30/11, s. 178 (2).
Dealing with burial grounds
 179. Unless a representative of a person whose remains are interred in a burial ground or an aboriginal peoples burial ground consents, no person shall, (a) remove the remains or associated artifacts from the site; or (b) conduct scientific analysis of the remains or associated artifacts.  O. Reg. 30/11, s. 179.
Establishment of cemetery
 180. If the owner of land on which a burial site is discovered establishes the site or a site in close proximity as a cemetery, (a) the owner is exempt from subsections 83 (1) and (2) and clauses 86 (1) (a), (c) and (e) of the Act; and (b) the owner shall ensure that no interment or scattering rights for the cemetery are sold.  O. Reg. 30/11, s. 180. Site Disposition Agreement
Site Disposition Agreement
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Referral to arbitration
 181. (1) The prescribed time for the purpose of subsection 99 (3) of the Act is 30 days from the date on which the registrar gives notice of the declaration under section 177 of this Regulation.  O. Reg. 30/11, s. 181 (1). (2) The parties to an arbitration under subsection 99 (3) of the Act include, (a) the owner of the land on which the burial site is located; and (b) the representatives of the persons whose remains are interred on the burial site and who have been served with the notice of the registrar’s declaration under section 177.  O. Reg. 30/11, s. 181 (2). (3) A matter that the registrar refers to arbitration under subsection 99 (3) of the Act shall go to an arbitration board or, upon the request of the parties, to a single arbitrator appointed by the director and selected from the list of arbitrators chosen by the parties.  O. Reg. 30/11, s. 181 (3). (4) The arbitration board shall be composed of the following members: 1. A member appointed by the owner of the land within five days of the registrar’s referral of the matter to arbitration. 2. A member appointed by the representatives described in clause (2) (b) within five days of the registrar’s referral of the matter to arbitration. 3. A member whom the members appointed under paragraphs 1 and 2 shall appoint as the chair of the board within five days of their own appointment.  O. Reg. 30/11, s. 181 (4). (5) Upon written agreement, the parties to the arbitration may extend a period of time mentioned in subsection (4).  O. Reg. 30/11, s. 181 (5). (6) Within five days of being appointed, the members of the arbitration board shall provide their names to the registrar.  O. Reg. 30/11, s. 181 (6). (7) If a member is not appointed within the prescribed time, the director shall make the appointment from a list of arbitrators chosen by the parties and, if no list of arbitrators is provided, the director shall select the arbitrator.  O. Reg. 30/11, s. 181 (7). (8) A party to the arbitration is not entitled to challenge the member appointed to the arbitration board by another party or the director.  O. Reg. 30/11, s. 181 (8).
Arbitration hearing
 182. (1) The hearing in the arbitration shall begin within two weeks after the day the chair of the arbitration board or the arbitrator is appointed.  O. Reg. 30/11, s. 182 (1). (2) Upon written agreement, the parties to the arbitration may extend a period of time mentioned in subsection (1).  O. Reg. 30/11, s. 182 (2).
Powers
 183. (1) The arbitrator or arbitration board may, (a) inspect the burial site; (b) appoint an expert to inspect the human remains and any artifacts found on the site and to report to the arbitrator or arbitration board; and (c) award costs of the arbitration as between the parties.  O. Reg. 30/11, s. 183 (1). (2) The arbitrator or arbitration board shall not order the removal of human remains and associated artifacts from the burial site for scientific study.  O. Reg. 30/11, s. 183 (2). (3) The arbitration award shall deal with matters that may be the subject of a site disposition agreement to the extent not already dealt with by the parties, and the award and any other provisions agreed to by the parties shall constitute a site disposition agreement for the purposes of section 94 of the Act.  O. Reg. 30/11, s. 183 (3).
Contents of site disposition agreement
 184. A site disposition agreement respecting an aboriginal peoples burial ground or a burial ground shall contain, (a) a legal description of the location of the burial site in which the human remains are interred and, if applicable, a statement that the remains will be left where they are interred and the site established as a cemetery; (b) the style and manner in which the human remains are to be disinterred and reinterred, if applicable; (c) the time within which the disinterment and reinterment are to take place, if applicable; (d) the provisions being made for the future maintenance of the cemetery in which the human remains are to be located; (e) the allocation of the costs of carrying out the agreement; (f) all other matters that the parties to the agreement agree upon; and (g) in the case of an arbitration, all other matters that the arbitration board or arbitrator considers necessary.  O. Reg. 30/11, s. 184. Division D   Crematoriums General
DIVISION D CREMATORIUMS
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Municipal approval
 185. For the purposes of clause 83 (3) (a) of the Act, a building permit issued by a local municipality for a crematorium is evidence of the approval of the municipality to the establishment of the crematorium.  O. Reg. 30/11, s. 185.
Operation of crematoriums
 186. (1) Subject to section 188, a crematorium operator may refuse to cremate a dead human body.  O. Reg. 30/11, s. 186 (1). (2) A crematorium operator shall not, without the written and signed consent of the purchaser of the cremation services, (a) cremate the remains of more than one person at once; (b) cremate human remains together with animal remains; or (c) co-mingle cremated remains.  O. Reg. 30/11, s. 186 (2). (3) A crematorium operator shall ensure that a metal identification tag accompanies a dead human body and is placed in the container that contains the resulting cremated remains until the remains are released to the purchaser or the purchaser’s representative.  O. Reg. 30/11, s. 186 (3). (4) The metal identification tag shall contain a personal identifier for the body and the name of the crematorium operator.  O. Reg. 30/11, s. 186 (4).
No burial permit required
 187. A burial permit under the Vital Statistics Act is not required for the cremation of, (a) human remains that have been disinterred in accordance with the Act and the regulations; or (b) products of conception that do not constitute a still-birth under that Act and for which no burial permit under that Act is therefore required to be issued.  O. Reg. 30/11, s. 187.
Assisted cremation
 188. (1) Upon receiving a written direction from a delivery agent, as defined in the Ontario Works Act, 1997, a crematorium operator shall provide a cremation for the remains of a person.  O. Reg. 30/11, s. 188 (1). (2) Despite subsection (1), if a crematorium restricts cremating to human remains of members of a defined religious organization, the operator is not required to cremate the remains of a deceased person who is not a member of that religious organization.  O. Reg. 30/11, s. 188 (2). Crematorium By-laws
Crematorium By-laws
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Crematorium by-laws
 189. (1) A crematorium operator may make by-laws governing the operation of the crematorium, including any rights or entitlements of purchasers of crematorium services or restrictions on the rights or entitlements of such purchasers.  O. Reg. 30/11, s. 189 (1). (2) No crematorium operator shall operate a crematorium except in accordance with the by-laws of the crematorium.  O. Reg. 30/11, s. 189 (2). (3) No crematorium operator shall cremate animal remains unless the by-laws of the crematorium authorize it.  O. Reg. 30/11, s. 189 (3).
Content of by-laws
 190. (1) The by-laws of a crematorium shall specify the documentation required by the operator in order for a cremation to be carried out.  O. Reg. 30/11, s. 190 (1). (2) The by-laws of a crematorium shall provide that, without the written and signed consent of the purchaser of the cremation services, the operator is prohibited from, (a) cremating the remains of more than one person at once; (b) cremating human remains together with animal remains; and (c) co-mingling cremated remains.  O. Reg. 30/11, s. 190 (2).
Approval or revocation of approval of by-laws
 191. Subsections 151 (1) and (2) and sections 152 and 153 apply to a crematorium by-law or by-law amendment, except that references to a cemetery by-law or a cemetery operator in those sections shall be read as references to the crematorium by-law or the crematorium operator respectively.  O. Reg. 30/11, s. 191. Part IV   Compensation fund Definitions
PART IV COMPENSATION FUND
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Definitions
 192. In this Part,  “approved securities” means investments authorized under sections 26 and 27 of the Trustee Act; (“valeurs mobilières autorisées”) “Authority” means the administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this section; (“Office”) “Committee” means the Compensation Fund Committee established by the Authority; (“comité”) “Fund” means the compensation fund mentioned in section 193; (“Fonds”) “participant” means an operator of a funeral establishment or an operator of a transfer service; (“participant”) “Trustee” includes any successor Trustee appointed under subsection 207 (4). (“fiduciaire”) O. Reg. 30/11, s. 192; O. Reg. 288/15, s. 2. Compensation Fund
Compensation Fund
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Compensation fund
 193. The compensation fund known as the Funeral Services Compensation Fund in English and Fonds d’indemnisation des services funéraires in French is the compensation fund for the purposes of subsection 61 (1) of the Act. O. Reg. 288/15, s. 3. Committee
Committee
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Management of Fund
 194. Except for the duties of the Trustee and the Authority under this Part, the Committee shall manage the affairs of the Fund.  O. Reg. 30/11, s. 194; O. Reg. 288/15, s. 4.
Disqualification of Committee members
 195. A member of the Committee is disqualified from participating and shall not participate in any deliberation or decision of the Committee with respect to any claim against a participant if the member is the participant or an officer or director of the participant or has a financial interest in the participant.  O. Reg. 30/11, s. 195.