jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I OPERATION OF BUSINESS
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DIVISION A DEFINITIONS
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DIVISION B ADDITIONAL PROHIBITED ACTIVITIES
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Scattering of cremated remains
 2. (1) No person, other than an operator, a person described in clause 6 (1) (c) or a funeral director, sales representative or funeral preplanner acting on behalf of an operator, shall offer to sell or sell the service of scattering of cremated human remains for consideration, whether the consideration is received directly or indirectly.  O. Reg. 30/11, s. 2 (1). (2) No person, other than an operator, shall provide the service of scattering of cremated human remains for consideration, whether the consideration is received directly or indirectly.  O. Reg. 30/11, s. 2 (2).
Sales, etc., of insurance products
 3. (1) Subject to the Insurance Act, no person, other than a licensee, shall sell or offer to sell, or enrol or offer to enrol anyone in, an annuity or insurance contract, including group insurance, that, (a) is used to fund, directly or indirectly, in whole or in part, the purchase of licensed supplies or services; and (b) names an operator as the beneficiary of the proceeds, assigns the beneficiary’s rights to proceeds to an operator or assigns to an operator the right to designate the beneficiary of the proceeds.  O. Reg. 30/11, s. 3 (1). (2) Subsection (1) does not apply to a person acting under the authority of a licence issued under the Insurance Act.  O. Reg. 30/11, s. 3 (2). dIVISION c   LICENSING Requirement for Licences
DIVISION C LICENSING
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Requirement for Licences
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Embalming services
 4. (1) Except as permitted by subsection 36 (4), no person shall embalm dead human bodies or hold oneself out as available to embalm dead human bodies, unless, (a) the person is licensed as a funeral director and is acting on behalf of a funeral establishment operator; (b) the person is enrolled in an approved education program and is working, (i) under the supervision and in the presence of the course instructor, or (ii) under the supervision of a person licensed as a Funeral Director – Class 1; or (c) the person is employed in a faculty of medicine or a school of anatomy designated under the Anatomy Act.  O. Reg. 30/11, s. 4 (1). (2) A person licensed as a Transfer Service Operator – Class 1 is prescribed for the purposes of subsection 8 (2) of the Act as a person who is authorized to sell or offer to sell to the public or hold oneself out as available to sell to the public services described in subsection 36 (4).  O. Reg. 30/11, s. 4 (2).
Sales representative
 5. (1) No person shall act as a sales representative on behalf of an operator, or hold oneself out as a sales representative of an operator, unless the person is licensed as a sales representative.  O. Reg. 30/11, s. 5 (1). (2) The licence of a sales representative is a prescribed licence for the purposes of clauses 4 (2) (a), 6 (2) (a) and 12 (2) (b) of the Act.  O. Reg. 30/11, s. 5 (2). (3) A sales representative of a person licensed as a Transfer Service Operator – Class 1 is prescribed for the purposes of clause 8 (2) (c) of the Act as a person who is authorized to sell or offer to sell to the public, or hold oneself out as available to sell to the public, funeral services that the operator on whose behalf the representative acts, is authorized to sell or offer to sell.  O. Reg. 30/11, s. 5 (3).
Funeral director or preplanner
 6. (1) No person shall sell or offer to sell to the public funeral supplies and services on behalf of a funeral establishment operator, or hold oneself out as available to do so, unless, (a) the person holds a licence as a Funeral Director – Class 1 or Funeral Director – Class 2 licence; (b) the person is licensed as a funeral preplanner; or (c) the person is enrolled in a funeral director or funeral preplanner education program approved by the registrar and is, (i) employed by and acting on the behalf of a person licensed as a Funeral Establishment Operator – Class 1 or a Funeral Establishment Operator – Class 2, and (ii) working under the supervision of a person licensed as a Funeral Director – Class 1 or a Funeral Director – Class 2.  O. Reg. 30/11, s. 6 (1). (2) The licence of a funeral director or a funeral preplanner is a prescribed licence for the purposes of clauses 8 (2) (a) and 12 (2) (b) of the Act.  O. Reg. 30/11, s. 6 (2). (3) The class of persons described in clause (1) (c) is a prescribed class for purposes of clause 8 (2) (c) of the Act.  O. Reg. 30/11, s.  6 (3). (4) The licence of a funeral director is a prescribed licence for the purposes of clause 6 (2) (a) of the Act if the funeral director has received written authorization to act as a sales representative on behalf of a crematorium operator.  O. Reg. 30/11, s. 6 (4).
Exemptions from licences
 7. (1) A person is exempt from clause 4 (2) (a) of the Act if, (a) the person is acting on behalf of the operator of a cemetery other than a commercial cemetery; (b) selling licensed supplies or services is not the person’s primary occupation; and (c) the person is not selling, or holding oneself out as available to sell, licensed supplies or services in circumstances in which, (i) money is required to be held in trust under section 52 of the Act, or (ii) payment is to be made by way of proceeds of an annuity or insurance contract, including group insurance.  O. Reg. 30/11, s. 7 (1). (2) A family member of a deceased individual is exempt from subsection 8 (2) of the Act when the family member is, for no consideration, providing funeral services in respect of the deceased individual, other than arterial embalming.  O. Reg. 30/11, s. 7 (2). General
Prescribed requirements for licence
 8. (1) The following requirements are prescribed for the purposes of subsection 14 (1) of the Act in the case of an applicant who is an individual: 1. The applicant shall be at least 18 years old. 2. The applicant shall be legally entitled to work in Canada.  O. Reg. 30/11, s. 8 (1). (2) In the case of an applicant for an operator licence, or a renewal of that licence, it is a prescribed requirement for the purposes of subsection 14 (1) of the Act that, if the applicant intends to carry on business from a dwelling, the applicant shall have made arrangements satisfactory to the registrar to give the registrar access to the operator’s business records.  O. Reg. 30/11, s. 8 (2).
Application for licence
 9. An application for a licence shall meet the following requirements: 1. The application shall be in a form and manner approved by the registrar. 2. The application shall include information for which a notice of change would be required under section 103 or 104. 3. The application shall contain the additional information that the registrar requires. 4. The application shall be accompanied by the fee established under section 108 of the Act. 5. In the case of a licence to operate a cemetery, crematorium, funeral establishment or transfer service, the application shall be accompanied by confirmation from the local municipality that the proposed use is a permitted use and is in accordance with applicable municipal by-laws and that the plans have been approved by the local municipality. 6. In the case of a licence to operate a cemetery, the application shall be accompanied by evidence that the deposit, if any, that was required to be paid into a care and maintenance fund under clause 86 (1) (c) of the Act has been paid. 7. In the case of a licence to operate a crematorium, the application shall be accompanied by, i. a copy of the environmental compliance approval required under section 9 of the Environmental Protection Act, and ii. plans or drawings of the site, building, location of retorts, processing area, and body storage areas. 8. In the case of a licence to operate a funeral establishment, the application shall be accompanied by, i. plans or drawings of all holding rooms and all embalming rooms that the operator proposes to use, containing sufficient detail to permit the registrar to assess whether the rooms comply with section 47 or 48, as applicable, and ii. a certificate of inspection, in a form approved by the registrar, issued by a medical officer of health, a public health inspector or a person designated by the registrar, stating that all holding rooms and all embalming rooms the operator proposes to use have been inspected within 180 days before the date of the application and are suitable for the purpose for which they will be used. 9. In the case of a licence to operate a transfer service, the application shall be accompanied by, i. plans or drawings of all holding rooms that the operator proposes to use, containing sufficient detail to permit the registrar to assess whether the rooms comply with section 47, and ii. a certificate of inspection, in a form approved by the registrar, issued by a medical officer of health, a public health inspector or a person designated by the registrar, stating that a holding room that the operator proposes to use has been inspected within 180 days before the date of the application and is suitable for the purpose for which it will be used.  O. Reg. 30/11, s. 9; O. Reg. 239/11, s. 1.
Expiry of licences
 10. Subject to section 22 of the Act, a licence expires on the expiry date shown on the licence.  O. Reg. 30/11, s. 10.
Application for renewal of licence
 11. An application for renewal of a licence shall, (a) meet the requirements set out in paragraphs 1, 2, 3 and 4 of section 9, unless the registrar directs otherwise; and (b) meet the requirements set out in paragraphs 5, 7, 8 and 9 of section 9, if the registrar so requires.  O. Reg. 30/11, s. 11.
Separate licences
 12. Under subsection 16 (2) of the Act, the registrar may, as a condition of a licence, limit the number of different locations to which the licence applies.  O. Reg. 30/11, s. 12.
Application after expiry
 13. If a licensee applies to renew a licence after the licence has expired, the application shall be treated as an application for a new licence.  O. Reg. 30/11, s. 13.
Content of licence form
 14. (1) If the registrar issues or renews a licence, the registrar shall provide the applicant with a form of licence that sets out the class of licence and the expiry date, if any, of the licence.  O. Reg. 30/11, s. 14 (1). (2) The registrar may set out on the form of licence, (a) the conditions to which the licence is subject under section 16 of the Act and that the registrar considers appropriate for inclusion on the licence; and (b) the additional information that the registrar considers appropriate.  O. Reg. 30/11, s. 14 (2). (3) If a person holds more than one licence, the registrar may combine the licences.  O. Reg. 30/11, s. 14 (3).
Name on operator licence
 15. (1) An operator licence shall set out the name of the operator.  O. Reg. 30/11, s. 15 (1). (2) If an operator, where permitted by law, carries on the business authorized by the licence under a name other than the name mentioned in subsection (1), the licence shall also set out the other name.  O. Reg. 30/11, s. 15 (2). (3) An operator shall ensure that the registrar has current information about the operator’s names described in subsections (1) and (2).  O. Reg. 30/11, s. 15 (3). (4) An operator shall not carry on the business authorized by the licence under a name other than a name set out in the licence.  O. Reg. 30/11, s. 15 (4).
Time for reapplication
 16. For the purposes of section 24 of the Act, a person who is refused a licence or a renewal of a licence or whose licence is revoked shall not reapply for a licence before the expiry of one year from the day of the refusal or revocation.  O. Reg. 30/11, s. 16.
Continuation of operator’s duties
 17. If an operator licence expires without the operator having applied for renewal of the licence, if the registrar cancels an operator licence upon the request in writing of the operator under section 21 of the Act or if the licence is suspended, surrendered or revoked, the person who was licensed as the operator shall continue to be subject to the duties and obligations of an operator under the Act until all of the duties and obligations have been fulfilled.  O. Reg. 30/11, s. 17. Classes of Licence
Classes of Licence
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Classes of licence
 18. The following classes of licence are prescribed: 1. Cemetery Operator. 2. Crematorium Operator. 3. Funeral Establishment Operator – Class 1. 4. Funeral Establishment Operator – Class 2. 5. Transfer Service Operator – Class 1. 6. Transfer Service Operator – Class 2. 7. Funeral Director – Class 1. 8. Funeral Director – Class 2. 9. Sales Representative. 10. Funeral Preplanner.  O. Reg. 30/11, s. 18. General Conditions of Licence
General Conditions of Licence
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Conditions of every operator licence
 19. Sections 20 to 29 prescribe the conditions of every licence of an operator.  O. Reg. 30/11, s. 19.
Address for service
 20. An operator shall maintain an address for service in Ontario and shall inform the registrar of that address.  O. Reg. 30/11, s. 20.
Business location
 21. (1) An operator shall not operate from a location other than a location identified on the licence.  O. Reg. 30/11, s. 21 (1). (2) An operator shall not invite the public to enter into contracts at a location other than the business location identified on the licence.  O. Reg. 30/11, s. 21 (2). (3) Subsection (2) does not prohibit an operator from entering into a contract with a purchaser at a location requested by the purchaser.  O. Reg. 30/11, s. 21 (3).
Person in charge
 22. (1) An operator shall ensure that there is a person in charge of the day-to-day operations of each business location identified on the operator’s licence and that the person has completed the education required as a result of section 42.  O. Reg. 30/11, s. 22 (1). (2) In the case of a cemetery that is not a commercial cemetery, the person mentioned in subsection (1) is not required to complete the education required as a result of section 42 unless, (a) the cemetery operator holds or is required to hold money in trust under section 52 of the Act in respect of the cemetery; or (b) the operator employs a sales representative to work in respect of the cemetery.  O. Reg. 30/11, s. 22 (2). (3) An operator who holds a licence as a Funeral Establishment Operator – Class 1, Funeral Establishment Operator – Class 2, Transfer Service Operator – Class 1 or Transfer Service Operator – Class 2 shall ensure that, unless the operator has obtained the consent of the registrar, (a) one person is not in charge of the day-to-day operations of more than one business, whether those businesses are operated by the same operator or different operators; and (b) one person is not in charge of the day-to-day operations at more than one business location, even if those locations pertain to the same business of the same operator.  O. Reg. 30/11, s. 22 (3). (4) In deciding whether or not to consent for the purposes of subsection (3), the registrar may take into consideration, (a) the geographic separation of locations; (b) the volume of business at each location or of each business; (c) the knowledge and experience of the person who would have charge of the day-to-day operations; (d) the compliance history of the operators involved; and (e) the number of persons employed by the operators involved.  O. Reg. 30/11, s. 22 (4).
Permits and approvals
 23. An operator shall ensure that all permits and approvals required by law have been obtained with respect to each location of each of the operator’s businesses and shall keep the permits and evidence of the approvals available.  O. Reg. 30/11, s. 23.
Charging fees
 24. (1) No operator shall charge a fee in relation to a licensed supply or service not purchased from the operator.  O. Reg. 30/11, s. 24 (1). (2) No operator shall require a person, including a person delivering supplies, to pay for access to the operator’s premises.  O. Reg. 30/11, s. 24 (2). (3) No operator shall include in a charge for professional and staff services an amount for providing a supply or service that is required by this Part to be priced separately on the operator’s price list.  O. Reg. 30/11, s. 24 (3). (4) No operator shall charge for providing advice with respect to, or for arranging or negotiating, a contract for the purchase of licensed supplies or services by a purchaser from the operator or from another operator.  O. Reg. 30/11, s. 24 (4). (5) Subsection (4) does not apply to charges for the time spent providing, at the purchaser’s request, design services for a customized supply or private structure.  O. Reg. 30/11, s. 24 (5). (6) In subsection (5), “customized supply” has the same meaning as in subsection 134 (1).  O. Reg. 30/11, s. 24 (6).
Merging or splitting trust accounts and funds
 25. As a condition of a licence, the registrar may direct the operator to merge or split one or more trust accounts or to merge or split one or more trust funds.  O. Reg. 30/11, s. 25.
Amounts owing to compensation fund
 26. (1) The operator shall not owe any amount to a compensation fund or shall have made arrangements satisfactory to the registrar for the payment of the amount owing to a compensation fund.  O. Reg. 30/11, s. 26 (1). (2) In subsection (1), “compensation fund” means a compensation fund mentioned in section 61 of the Act. O. Reg. 30/11, s. 26 (2); O. Reg. 288/15, s. 1.
Pacemakers, etc.
 27. No licensee shall present a dead human body for cremation that could not be cremated by reason of clause 31 (2) (b).  O. Reg. 30/11, s. 27.
Scattering cremated human remains
 28. (1) An operator that scatters cremated human remains for consideration shall fulfil the following requirements: 1. If cremated human remains are to be stored before they are scattered, the operator shall store them, or arrange for them to be stored by another person, in a respectful and dignified manner free from exposure to the elements. 2. The operator shall ensure that cremated human remains are not co-mingled with other cremated remains when in storage or when being scattered, unless the operator’s contract with the purchaser authorizes it. 3. Whenever cremated human remains are received by the operator, the operator shall prepare a record setting out, i. the name of the deceased person whose cremated remains were received, ii. the date the operator received the cremated remains, iii. the name and address of the person who authorized the scattering of the cremated remains, and iv. the date, manner and place of scattering of the cremated remains. 4. If the purchaser, personal representative or a family member of a deceased person requests disclosure of the record prepared under paragraph 3 with respect to the deceased person, the operator shall disclose the record free of charge to the person making the request. 5. The operator shall ensure that cremated human remains are scattered only in areas to which no prohibition against the scattering of cremated human remains applies and shall comply with all rights and obligations of the scattering rights holder if the scattering is to take place in a cemetery. 6. The operator shall maintain a record setting out the following current information: i. The locations where the operator is storing cremated human remains if the operator is doing it directly. ii. The name of each person storing cremated human remains under an arrangement with the operator under paragraph 1, the address of the storage facility and the address of the person storing the cremated human remains, if it is different from the address of the storage facility. iii. For each storage facility listed under subparagraph i or ii, the position and telephone number of an individual at the storage facility who may be contacted for information about the stored cremated human remains.  O. Reg. 30/11, s. 28 (1); O. Reg. 48/15, s. 1 (1). (2) Subsection (1) does not apply to a cemetery operator in respect of cremated human remains that the operator receives for scattering in the cemetery and who scatters the remains in the cemetery.  O. Reg. 30/11, s. 28 (2); O. Reg. 48/15, s. 1 (2). (3) An operator who stores cremated human remains with another person shall enter into a contract with the other person that requires the other person to, (a) comply with the operator’s duties under subsection (1); and (b) make the facility at which the cremated human remains are stored available during regular business hours for inspection by the registrar or another person designated in writing by the registrar.  O. Reg. 30/11, s. 28 (3).
Maintaining a cemetery
 29. An operator that has an interest in a cemetery shall maintain the cemetery if the registrar is of the opinion that, (a) the cemetery appears to be abandoned or neglected; and (b) the interest of the operator is significant enough to warrant requiring the operator to maintain the cemetery.  O. Reg. 30/11, s. 29. Conditions of Specific Licences
Conditions of Specific Licences
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Cemetery Operator licence
 30. (1) This section sets out conditions of a Cemetery Operator licence.  O. Reg. 30/11, s. 30 (1). (2) The cemetery operator shall ensure that the cemetery has an entrance that is accessible to the public directly from a public thoroughfare or from another publicly accessible area.  O. Reg. 30/11, s. 30 (2). (3) Subsection (2) does not apply to, (a) a cemetery that did not have the access described in subsection (2) on the day immediately before the day on which paragraph 6 of subsection 113 (1) of the Act came into force; or (b) a cemetery established as a result of a burial site declaration under section 98 of the Act.  O. Reg. 30/11, s. 30 (3). (4) When an interment or a scattering rights holder resells the rights to a third party purchaser under section 47 of the Act or transfers the rights to a transferee, the cemetery operator shall issue a new certificate of interment rights or certificate of scattering rights to the third party purchaser or transferee, as the case may be, if, (a) the operator has been paid in full for the rights; (b) the fee, if any, that the operator charges for issuing the new certificate has been paid; and (c) the third party purchaser or transferee, as the case may be, has given the operator, as required by section 115 or 116, as the case may be, the endorsed interment or scattering rights certificate that the rights holder provided to the third party purchaser or transferee under the applicable section and all other information that the cemetery operator requires in order to issue a new certificate.  O. Reg. 30/11, s. 30 (4).
Crematorium Operator licence
 31. (1) This section sets out conditions of a Crematorium Operator licence.  O. Reg. 30/11, s. 31 (1). (2) The crematorium operator shall not permit the cremation of a dead human body if, (a) the operator has not received a certificate issued by the coroner authorizing the cremation; or (b) the body has a pacemaker or radioactive implant, is in a casket that consists of or has on or in it material made of or containing non-flammable or hazardous material or chlorinated or fibre-reinforced plastic, other than incidental metal used in the construction of the casket or accompanying material.  O. Reg. 30/11, s. 31 (2). (2.1) The condition in clause (2) (b) that a crematorium operator shall not permit the cremation of a dead human body if the body has a radioactive implant does not apply if, (a) it is at least two years after the day the body received the implant; or (b) a lesser time has passed since the body received the implant, and it is safe to cremate the body. O. Reg. 412/19, s. 1. (3) The crematorium operator may contract out or arrange for the removal of a pacemaker or radioactive implant from a dead human body if the person carrying out the removal is a person described in section 52.  O. Reg. 30/11, s. 31 (3).
All Funeral Establishment Operator licences
 32. (1) This section sets out the conditions of every Funeral Establishment Operator licence.  O. Reg. 30/11, s. 32 (1). (2) A burial permit under the Vital Statistics Act is not required for the provision of funeral services with respect to 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. 32 (2). (3) The funeral establishment operator shall ensure that, if a contract is negotiated by someone who is enrolled in a funeral director or funeral preplanner education program and who is not a licensed funeral director or licensed funeral preplanner, the contract is reviewed and signed by a licensed funeral director.  O. Reg. 30/11, s. 32 (3).
Funeral Establishment Operator – Class 1 licence
 33. (1) This section sets out conditions of every Funeral Establishment Operator – Class 1 licence.  O. Reg. 30/11, s. 33 (1). (2) The funeral establishment operator shall ensure that there is a holding room on the funeral establishment premises that meets the requirements of section 47.  O. Reg. 30/11, s. 33 (2). (3) Subject to subsection (4), the funeral establishment operator shall ensure that the day-to-day operations of the funeral establishment are managed by a person licensed as a Funeral Director – Class 1 or a Funeral Director – Class 2.  O. Reg. 30/11, s. 33 (3). (4) If the funeral establishment provides the services of arterially embalming or restoring dead human bodies, the funeral establishment operator, (a) shall ensure that the day-to-day operations of the funeral establishment are managed by a person licensed as a Funeral Director – Class 1; and (b) shall have immediate access to an embalming room that the registrar has approved and that meets the requirements of section 48.  O. Reg. 30/11, s. 33 (4). (5) The funeral establishment operator shall have immediate access to a vehicle for transporting dead human bodies that meets the requirements of section 51.  O. Reg. 30/11, s. 33 (5). (6) The funeral establishment operator shall make available an inexpensive transfer service.  O. Reg. 30/11, s. 33 (6). (7) The funeral establishment operator may contract out or arrange for the removal of a pacemaker or radioactive implant from a dead human body if the person carrying out the removal is a person described in section 52.  O. Reg. 30/11, s. 33 (7).
Funeral Establishment Operator – Class 2 licence
 34. (1) This section sets out conditions of every Funeral Establishment Operator – Class 2 licence.  O. Reg. 30/11, s. 34 (1). (2) The funeral establishment operator shall ensure that the day-to-day operations of the funeral establishment are managed by a person licensed as a Funeral Director – Class 1 or a Funeral Director – Class 2.  O. Reg. 30/11, s. 34 (2). (3) The funeral establishment operator shall not offer to sell, sell or provide a transfer service or any funeral services other than maintaining premises to be used for the purpose of temporarily placing human remains so that persons may attend and pay their respects.  O. Reg. 30/11, s. 34 (3). (4) The premises mentioned in subsection (3) 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 which are occasionally used for that purpose; or (b) premises that are identified as premises of a person licensed as a Funeral Establishment Operator – Class 1.  O. Reg. 30/11, s. 34 (4). (5) The following is prescribed as a service included in the definition of “funeral services” in subsection 1 (1) of the Act: maintaining premises to be used for the purpose of temporarily placing human remains so that persons may attend and pay their respects.  O. Reg. 30/11, s. 34 (5).
Transfer Service Operator licences
 35. (1) This section sets out conditions of every Transfer Service Operator licence.  O. Reg. 30/11, s. 35 (1). (2) The transfer service operator shall have immediate access to a vehicle for transporting dead human bodies that meets the requirements of section 51 and immediate access to a holding room that the registrar has approved and that meets the requirements of section 47.  O. Reg. 30/11, s. 35 (2). (3) The transfer service operator may contract out or arrange for the removal of a pacemaker or radioactive implant from a dead human body if the person carrying out the removal is a person described in section 52.  O. Reg. 30/11, s. 35 (3). (4) The transfer service operator shall not transport a dead human body that has not been arterially embalmed, later than 72 hours after the death or the removal of the body from refrigeration.  O. Reg. 30/11, s. 35 (4). (5) A burial permit under the Vital Statistics Act is not required for the provision of transfer services with respect to 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. 35 (5).
Transfer Service Operator – Class 1 licence
 36. (1) This section sets out conditions of every Transfer Service Operator – Class 1 licence.  O. Reg. 30/11, s. 36 (1). (2) The transfer service operator shall ensure that the day-to-day operations of the transfer service are managed by a person licensed as a Funeral Director – Class 1.  O. Reg. 30/11, s. 36 (2). (3) The transfer service operator shall make available an inexpensive transfer service.  O. Reg. 30/11, s. 36 (3). (4) The transfer service operator shall not offer to sell, sell or provide the services of arterially embalming or restoring dead human bodies except to offer to sell, sell and provide the services of placing dead human bodies in caskets or caring for or preparing them, including by, (a) washing them, including by applying a disinfectant externally to them; and (b) setting the features.  O. Reg. 30/11, s. 36 (4). (5) If the transfer service operator provides services permitted under subsection (4), the transfer service operator shall ensure that a funeral director provides the services.  O. Reg. 30/11, s. 36 (5). (6) The transfer service operator shall not arrange, co-ordinate, conduct or participate in a visitation, funeral or other rite or ceremony at which human remains are present, except to transport the remains to or from a holding room or the location of a visitation, cremation, funeral or other rite or ceremony or except for the purpose of scattering human remains as authorized under section 2.  O. Reg. 30/11, s. 36 (6).
Transfer Service Operator – Class 2 licence
 37. (1) This section sets out conditions of every Transfer Service Operator – Class 2 licence.  O. Reg. 30/11, s. 37 (1). (2) The transfer service operator shall ensure that no employee has contact with the dead human body except to remove personal effects, place the body in a casket and transport the body.  O. Reg. 30/11, s. 37 (2). (3) The transfer service operator shall not arrange, co-ordinate, conduct, participate in or be present at a visitation, funeral, or other rite or ceremony at which human remains are present except for the purpose of scattering human remains as authorized under section 2.  O. Reg. 30/11, s. 37 (3). (4) The transfer service operator shall not transport the dead human body except from the place from which removal was first requested directly to a cemetery or crematorium or to a holding room that meets the requirements of section 47 and then to a cemetery or crematorium.  O. Reg. 30/11, s. 37 (4).
Personal licences
 38. (1) This section sets out conditions of every personal licence.  O. Reg. 30/11, s. 38 (1). (2) The licensee shall ensure that the registrar is given a current address for the licensee’s place of residence and the name and address of the primary operator that employs the licensee.  O. Reg. 30/11, s. 38 (2). (3) The licensee shall successfully complete the continuing education required as a result of section 42.  O. Reg. 30/11, s. 38 (3). (4) The licensee shall not offer to sell, sell or provide any licensed supplies or services that the operator by whom the licensee is employed is not authorized to offer to sell, sell and provide.  O. Reg. 30/11, s. 38 (4).
Funeral Director – Class 1 licence
 39. It is a condition of every Funeral Director – Class 1 licence that the funeral director shall not offer to sell, sell or provide the services of arterially embalming or restoring dead human bodies except when acting on behalf of an operator holding a Funeral Establishment Operator – Class 1 licence.  O. Reg. 30/11, s. 39.
Funeral Director – Class 2 licence
 40. It is a condition of every Funeral Director – Class 2 licence that the funeral director shall not, (a) offer to sell or sell the services of arterially embalming or restoring dead human bodies except when acting on behalf of an operator holding a Funeral Establishment Operator – Class 1 licence; or (b) provide the services of arterially embalming or restoring dead human bodies.  O. Reg. 30/11, s. 40. Education
Education
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Prescribed persons
 41. (1) Each person who is in charge of the day-to-day operations of an operator’s business is prescribed for the purposes of clause 14 (1) (g) of the Act.  O. Reg. 30/11, s. 41 (1). (2) Every sole proprietor operator and every partner of an operator that is a partnership who intends to sell or offer to sell licensed supplies or services to the public is prescribed for the purposes of clause 14 (1) (g) of the Act.  O. Reg. 30/11, s. 41 (2).
Educational requirements
 42. (1) For the purposes of clause 14 (1) (g) of the Act, the prescribed educational requirements for applicants for a licence, licensees and prescribed persons under clause 14 (1) (g) of the Act are, subject to subsection (6), the educational requirements that the registrar sets or imposes under this section.  O. Reg. 30/11, s. 42 (1). (2) The registrar may set educational requirements for applicants for a licence, licensees and prescribed persons under clause 14 (1) (g) of the Act.  O. Reg. 30/11, s.  42 (2). (3) The educational requirements may be different for different classes of persons and, within those classes, for persons employed by different classes of operators.  O. Reg. 30/11, s. 42 (3). (4) In setting the educational requirements, the registrar may require particular programs of study, training programs, internship programs, apprenticeship programs, courses, seminars, lectures, tutorials or other educational resources, may require that persons take them from particular providers and may require that persons take particular examinations or tests.  O. Reg. 30/11, s. 42 (4). (5) The registrar shall make a description of the educational requirements and the providers of them available to members of the public free of charge on request.  O. Reg. 30/11, s. 42 (5). (6) If an applicant for a licence or a licensee holds or held an equivalent licence, registration or certification in a jurisdiction outside Ontario, the registrar may exempt the applicant or licensee from any of the educational requirements set by the registrar and may impose conditions on the exemption.  O. Reg. 30/11, s. 42 (6). (7) The registrar may require an applicant for a licence or a licensee to complete again any of the educational requirements set by the registrar or to complete the other educational requirements that the registrar specifies, if the applicant completed the original requirements for the purposes of a licence under this Act or a predecessor Act and subsequently there has been a period during which the applicant did not carry on the activities authorized by the licence.  O. Reg. 30/11, s. 42 (7). (8) The registrar may require a prescribed person under clause 14 (1) (g) of the Act to complete again any of the educational requirements set by the registrar or to complete the other educational requirements that the registrar specifies if, since the time at which the person completed the original requirements, there has been a period during which the person did not carry on the activities for which the education was required.  O. Reg. 30/11, s. 42 (8). DIVISION d   Standards of Operation Sale and Display of Caskets and Markers
DIVISION D STANDARDS OF OPERATION
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Sale and Display of Caskets and Markers
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Duty to offer less expensive caskets
 43. At any location at which an operator offers to sell or sells ornamented caskets or caskets with fixed interior linings, the operator shall offer for sale, (a) from among the least expensive available on the market, at least two types of caskets with either or both of fixed interior linings and ornamentation; and (b) at least one type of inexpensive casket that is neither ornamented nor with a fixed interior lining, other than a lining to prevent leakage.  O. Reg. 30/11, s. 43.
Casket information
 44. (1) At any location at which an operator sells or offers to sell caskets, the operator shall provide information about each casket generally sold or offered for sale by the operator, including the caskets that section 43 requires the operator to offer for sale.  O. Reg. 30/11, s. 44 (1). (2) The information provided under subsection (1) shall, at a minimum, (a) include the price of the casket; (b) include a colour image of the casket; and (c) be sufficient to allow a purchaser to identify, (i) the size of the casket, (ii) the material and colour of the casket interior, (iii) the material, colour, finish and thickness of the casket exterior, and (iv) the brand name and model name and number, if any, of the casket.  O. Reg. 30/11, s. 44 (2). (3) If the information provided under subsection (1) about any casket includes a display model, full-size or otherwise, the operator shall include a similar display model for each type of casket that section 43 requires the operator to offer for sale.  O. Reg. 30/11, s. 44 (3).
Marker information
 45. (1) At any location at which an operator sells or offers to sell markers, the operator shall provide information about each marker generally sold or offered for sale by the operator.  O. Reg. 30/11, s. 45 (1). (2) The information provided under subsection (1) shall, at a minimum, (a) include the price of the marker; (b) include a colour image of the marker; and (c) be sufficient to allow a purchaser to identify the size, colour, material and finish of the marker, the geographic origin of the material used for the marker if it is natural stone and the brand name and model name and number, if any, of the marker.  O. Reg. 30/11, s. 45 (2). Premises and Vehicles
Premises and Vehicles
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Private area
 46. If an operator maintains premises in which a member of the public may enter into a contract with the operator for the purchase of licensed supplies or services, the operator shall have available an area that affords privacy for discussing, making arrangements for, and entering into contracts for, the purchase of licensed supplies and services.  O. Reg. 30/11, s. 46.
Holding room
 47. A Funeral Establishment Operator – Class 1, a Transfer Service Operator – Class 1 or a Transfer Service Operator – Class 2 who makes use of, or offers for use, a holding room for dead human bodies shall ensure that the holding room meets the following requirements: 1. The interior of the holding room shall not be visible from a public area when the doors to the room are closed. 2. The holding room, including all of its surfaces, and the equipment used in the room shall be capable of being easily cleaned, sanitized and disinfected. 3. The holding room shall be equipped with the following: i. The materials and equipment necessary to clean, sanitize and disinfect the room and the equipment used in the room. ii. The materials and equipment necessary to prepare dead human bodies, including cleaning, sanitizing and disinfecting them, but not including arterially embalming or restoring them. iii. A supply of running water with a device to prevent back-flow of water. iv. A sufficient supply of personal protective equipment and clothing for each person in the room handling a dead human body. v. Mechanical ventilation directly to the outside of the building. 4. The holding room shall be used only as a holding room unless it is also an embalming room, in which case it shall be used only as a holding room and an embalming room.  O. Reg. 30/11, s. 47.
Embalming room
 48. A Funeral Establishment Operator – Class 1 who makes use of, or offers for use, an embalming room for dead human bodies shall ensure that the embalming room meets the following requirements: 1. The embalming room shall be located in premises that a Funeral Establishment Operator – Class 1 licence indicates are business premises of the funeral establishment. 2. The interior of the embalming room shall not be visible from a public area when the doors to the room are closed. 3. The embalming room, including all of its surfaces, and the equipment used in the room shall be capable of being easily cleaned, sanitized and disinfected. 4. The embalming room shall be equipped with the following: i. The materials and equipment necessary to clean, sanitize and disinfect the room and the equipment used in the room. ii. The materials and equipment necessary to prepare dead human bodies, including cleaning, sanitizing and disinfecting them, arterially embalming or restoring them. iii. A supply of running water with a device to prevent back-flow of water. iv. A sufficient supply of personal protective equipment and clothing for each person in the room handling a dead human body. v. Facilities to dispose of bodily fluids and waste appropriately. vi. Mechanical ventilation directly to the outside of the building. 5. The embalming room shall be used only as an embalming room unless it is also a holding room, in which case it shall be used only as an embalming room and a holding room.  O. Reg. 30/11, s. 48.
Preconditions for use of rooms
 49. No Funeral Establishment Operator – Class 1, Transfer Service Operator – Class 1 or Transfer Service Operator – Class 2 shall make use of a holding room and no Funeral Establishment Operator – Class 1 shall make use of an embalming room if the holding or embalming room is altered or constructed after the day this Division comes into force unless, (a) the operator has first given the registrar plans or drawings, together with other information as necessary, so that the registrar has sufficient detail to assess whether the room would comply with section 47 or 48, as applicable; (b) the operator has obtained a certificate of inspection, in a form approved by the registrar, issued by a medical officer of health, a public health inspector or a person designated by the registrar, stating that the room as altered or constructed has been inspected within 180 days before the room is used and that it is suitable for the purpose for which it will be used; and (c) the operator has provided the certificate mentioned in clause (b) to the registrar.  O. Reg. 30/11, s. 49.
Condition of rooms
 50. A Funeral Establishment Operator – Class 1, a Transfer Service Operator – Class 1 or a Transfer Service Operator – Class 2 shall ensure that each holding room and each embalming room used by the operator, including all of the surfaces in the room and the equipment used in the room, is kept in a clean, sanitary and disinfected condition.  O. Reg. 30/11, s. 50.
Vehicles
 51. A Funeral Establishment Operator – Class 1, a Transfer Service Operator – Class 1 or a Transfer Service Operator – Class 2 who makes use of, or offers for use, a vehicle for transporting a dead human body shall ensure that the vehicle meets the following requirements: 1. The vehicle shall be capable of transporting the body in a respectful and dignified manner and of keeping the body from public view. 2. The vehicle shall contain a sufficient supply of personal protective equipment and clothing for each person in the vehicle handling the body. 3. The vehicle shall be in a clean and sanitary condition.  O. Reg. 30/11, s. 51. Personal Services
Personal Services
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Removal of pacemaker, etc.
 52. An operator shall not engage a person to remove a pacemaker or a radioactive implant from a dead human body unless, (a) the person holds a Funeral Director – Class 1 licence and is acting on behalf of an operator that holds a Funeral Establishment Operator – Class 1 licence or a Transfer Service Operator – Class 1 licence; or (b) the person is a legally qualified medical practitioner.  O. Reg. 30/11, s. 52; O. Reg. 48/15, s. 2.
Unclaimed cremated human remains
 53. (1) An operator having possession of unclaimed cremated human remains that were not in the possession of the operator for the purposes of interring or scattering shall retain them until they are claimed or interred in a cemetery, whichever is earlier.  O. Reg. 30/11, s. 53 (1). (2) If cremated human remains are not claimed within one year from the date of cremation and if the operator has made reasonable efforts to contact the purchaser of the cremation service or the personal representative or family member of the deceased, as applicable, the operator may have the remains interred in a cemetery, including in a common lot in a cemetery.  O. Reg. 30/11, s. 53 (2). (3) If cremated human remains are claimed before they are interred under subsection (2), the operator shall refund any refundable deposit charged for the interment.  O. Reg. 30/11, s. 53 (3). dIVISION E   Price Lists and Pricing General Form and Content Requirements for Price List
DIVISION E PRICE LISTS AND PRICING
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General Form and Content Requirements for Price List
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Form
 54. The price list shall be written in plain language and legibly printed in 10 point or larger type.  O. Reg. 30/11, s. 54.
Content
 55. (1) The price list shall include every licensed supply and service that the operator generally provides.  O. Reg. 30/11, s. 55 (1). (2) For each licensed supply or service on the price list, the price list shall include, (a) a description of the supply or service sufficient to identify it with certainty, including, in the case of a supply, its size, colour, material, brand name and any model name and number; (b) the price of the supply or service; and (c) a statement that the price includes the applicable taxes or that the applicable taxes are in addition to the price.  O. Reg. 30/11, s. 55 (2). (3) The price list shall indicate whether a particular supply is available for rent.  O. Reg. 30/11, s. 55 (3). (4) The prices on the price list shall be expressed as a fixed charge or, if the price is based on a per unit charge, as a per unit charge.  O. Reg. 30/11, s. 55 (4). (5) The price list shall indicate whether there are any minimum prices for a particular supply or service.  O. Reg. 30/11, s. 55 (5). (6) The price list shall always be up-to-date and shall indicate its effective date.  O. Reg. 30/11, s. 55 (6).
Tied selling
 56. The price list shall indicate whenever an operator requires that a licensed supply or service be purchased from the operator or a person specified by the operator, in circumstances when an operator is permitted to impose such a requirement under section 70.  O. Reg. 30/11, s. 56.
At cost prices
 57. If a cemetery operator provides a licensed supply or service that section 71 requires the operator to provide at a price that does not exceed the operator’s direct cost of providing it, the price list shall include the price for the supply or service.  O. Reg. 30/11, s. 57.
Refundable deposit, cremated remains
 58. The price list shall indicate the amount charged by the operator as a refundable deposit for the purposes of subsection 53 (3), in the event that cremated human remains in the possession of the operator are unclaimed.  O. Reg. 30/11, s. 58. Specific Information to be Included on Price List
Specific Information to be Included on Price List
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Identification of operator
 59. The price list shall include the following information at the beginning of the list: 1. The operator’s name. 2. The operator’s business name, if different from the operator’s name. 3. The address and telephone number of the business location to which the price list relates. 4. The position, business address and telephone number of the person in charge of the day-to-day operations of the business location to which the price list relates.  O. Reg. 30/11, s. 59.
Packages
 60. The price list shall include the following information: 1. The details of any packages of licensed supplies or services that the operator offers for sale, whether or not the package is offered for sale at a discount. 2. The price of the package. 3. The price at which each supply and service would be sold if it were sold separately and not as part of a package.  O. Reg. 30/11, s. 60.