Claims against Fund
 202. (1) Subject to subsection (8), a person is entitled to payment of compensation from the Fund if the person makes a claim in accordance with this section and satisfies the Committee that the person has suffered a financial loss and has not otherwise been fully compensated because, (a) a prepaid contract the person had with a participant, who was an operator licensed under the Funeral Directors and Establishments Act, was cancelled and all the funds and accrued income that were owing to the person were not paid in accordance with section 34 of that Act; (b) a prepaid contract the person had with a participant, who was an operator licensed under the Funeral Directors and Establishments Act, was not fulfilled and as a result it was necessary for the person to obtain funeral services, funeral supplies or transfer services other than under the prepaid contract; (c) a payment was not made to the person by a participant, who was an operator licensed under the Funeral Directors and Establishments Act, in accordance with section 35 of that Act; (d) a refund was not made to the person by a participant, who was an operator licensed under the Funeral Directors and Establishments Act, in accordance with section 36 of that Act; (e) a contract with a participant was cancelled and all the funds and accrued income that were owing to the person were not paid in accordance with Part V of the Funeral, Burial and Cremation Services Act, 2002; (f) a contract with a participant was not fulfilled and as a result it was necessary for the person to obtain supplies or services other than under the contract; or (g) a refund was not made to the person by a participant in accordance with Part V of the Funeral, Burial and Cremation Services Act, 2002.  O. Reg. 30/11, s. 202 (1). (2) References in subsection (1) to the Funeral Directors and Establishments Act are references to that Act as it read on the day before this Part comes into force.  O. Reg. 30/11, s. 202 (2). (3) A claimant may make a claim under this section within six months of the date that the person could have reasonably been expected to have known that payment was due.  O. Reg. 30/11, s. 202 (3). (4) A claimant may make a claim by giving written notice of the claim to the registrar who shall give a copy of the claim to the Committee.  O. Reg. 30/11, s. 202 (4). (5) As a condition precedent to making payment of a claim or any part of it, the Committee may require the delivery and execution of those documents that the Committee, in its discretion, considers necessary, including documents that are necessary for transferring to the Committee the interest of the claimant in the claim so as to subrogate the Committee to the position of the claimant against the participant.  O. Reg. 30/11, s. 202 (5). (6) Despite subsection (3), if circumstances warrant it, the Committee may grant an extension of time for making a claim against the Fund and the decision of the Committee as to any extension is final and not subject to review.  O. Reg. 30/11, s. 202 (6). (7) The Committee shall determine the eligibility and the amount of any claim made by a claimant and shall direct the Trustee to pay any claim or any part of it that meets the requirements of this section and, subject to section 203, the decision of the Committee is final.  O. Reg. 30/11, s. 202 (7). (8) No amount shall be paid out of the Fund until the claimant assigns to the Fund any judgment or other right of any kind that the claimant has against the participant or any other person in respect of the claimant’s claim.  O. Reg. 30/11, s. 202 (8). (9) Despite subsection (7) and subsection 203 (6), the Trustee shall not pay out of the Fund more than $40,000, exclusive of costs, to each claimant in respect of each transaction for one or more claims against any one participant.  O. Reg. 30/11, s. 202 (9). (10) For the purposes of subsection (8), a partnership and the members of it are deemed to be one participant and a corporation and the officers of it are deemed to be one participant.  O. Reg. 30/11, s. 202 (10). (11) If an amount is recovered from any source in partial satisfaction of the total claim against a participant, the maximum amount authorized by subsection (8) is reduced by the amount so recovered.  O. Reg. 30/11, s. 202 (11). (12) If it appears to the Authority or the Committee that a person will be entitled to claim against the Fund, and that the person has been placed in circumstances where immediate funds or service are necessary to alleviate undue inconvenience of the person, the Committee, with the concurrence of the Authority, may direct the Trustee to pay out of the Fund an amount sufficient to alleviate the immediate inconvenience.  O. Reg. 30/11, s. 202 (12); O. Reg. 288/15, s. 4. (13) If the Committee approves a claim, the Trustee shall pay the claim out of the Fund to the persons entitled.  O. Reg. 30/11, s. 202 (13). (14) If the Trustee makes a payment out of the Fund, the Committee is subrogated, for the amount of the payment, to all rights and remedies to which the person receiving the payment is entitled in respect of the claim for which the payment was made, including rights and remedies that the person has, (a) as judgment creditor or execution creditor in respect of any judgment that has been assigned under subsection (8) against the participant or any other person; or (b) in the event of the death, insolvency, bankruptcy or other disability of the participant or other person, against the personal representative or other person administering the estate of the participant.  O. Reg. 30/11, s. 202 (14).