jswizzle3737/ontario_laws_and_regs huggingface dataset:
Reporting requirements
 109. (1) An operator that has established an individual trust account or a pooled trust fund for prepaid trust money shall file with the registrar annually, in respect of the trust money, (a) a statement of account; (b) a trust fund statement, in the case of a pooled trust fund; and (c) a review engagement report or an audit report.  O. Reg. 30/11, s. 109 (1). (2) Clause (1) (c) does not apply to a pooled trust fund where the amount held in trust did not exceed $100,000 at any time during the reporting year.  O. Reg. 30/11, s. 109 (2). (3) A cemetery operator shall file a licensure report with the registrar annually or at such other time as is directed by the registrar, and shall pay the required fee for filing the report.  O. Reg. 30/11, s. 109 (3). (4) A cemetery operator that has established a care and maintenance account for care and maintenance money shall file with the registrar, in respect of the account, a statement of account and a statement from the depositary annually or at such other time as is directed by the registrar.  O. Reg. 30/11, s. 109 (4). (5) A cemetery operator shall file with the registrar annually or at such other time as is directed by the registrar, in respect of each care and maintenance fund of the operator, (a) a statement of account; (b) a trust fund statement; and (c) an audit report, if, (i) the operator has a cumulative total of $500,000 or more of care and maintenance money in all of the operator’s care and maintenance funds, or (ii) there is a funeral establishment on one or more of the cemeteries operated by the operator.  O. Reg. 30/11, s. 109 (5). (6) An operator that is required to file a document under this section shall ensure that, (a) the document meets the requirements of section 108; and (b) the document is filed by the time and in the form and manner that the registrar specifies.  O. Reg. 30/11, s. 109 (6). (7) If an operator fails to comply with this section, the registrar may order the operator to cease selling, offering for sale or holding the operator out as available to sell the licensed supplies and services specified by the registrar in the order.  O. Reg. 30/11, s. 109 (7). dIVISION J   PUBLIC INFORMATION
DIVISION J PUBLIC INFORMATION
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Cemetery and crematorium registers
 110. (1) A cemetery operator shall maintain a register in which the operator shall enter, (a) the name and address of each interment rights holder or scattering rights holder and the location of the lot or scattering ground to which the rights pertain; (b) the name and address of each original purchaser of interment or scattering rights that have been sold or transferred to another person and the date on which the rights were sold or transferred; (c) the name of each person whose remains are interred or scattered in the cemetery, the location where the remains were interred or scattered and the date on which the human remains were interred or scattered; and (d) the particulars of each disinterment of human remains, including the name of the person who requested the disinterment, the date on which the human remains were disinterred and the location in which the human remains were reinterred or scattered or the name of the person taking possession of the human remains.  O. Reg. 30/11, s. 110 (1). (2) A crematorium operator shall maintain a register in which the operator shall enter, (a) the name of each person who was cremated in the crematorium; (b) the date of each cremation; and (c) the information on the metal identification tag that is required under subsection 186 (4).  O. Reg. 30/11, s. 110 (2). (3) A cemetery or crematorium operator, as the case may be, shall enter the information required for a register mentioned in subsection (1) or (2) within five days of the later of, (a) becoming aware of the information; or (b) the occurrence of the event to which the information relates.  O. Reg. 30/11, s. 110 (3). (4) A cemetery or crematorium operator, as the case may be, shall make a register mentioned in subsection (1) or (2) available for inspection by the public without charge.  O. Reg. 30/11, s. 110 (4). (5) If a person was required to make information in a register available to the public under the Cemeteries Act (Revised) immediately before the day on which this section comes into force, the register is continued as a cemetery or crematorium register described in subsection (1) or (2), as the case may be.  O. Reg. 30/11, s. 110 (5).
PART II CONSUMER PROTECTION
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DIVISION A DISCLOSURE REQUIREMENTS
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Definitions
 112. (1) In this Division, “consumer information guide” means the guide that the registrar prepares and that sets out a consumer’s rights and obligations under the Act; (“guide de renseignements destinés aux consommateurs”) “transfer” means a gift, a bequest or any other transfer made without consideration. (“transfert”) O. Reg. 30/11, s. 112 (1); O. Reg. 81/19, s. 1. (2) In the French version of this Division, “crématorium” has the same meaning as “crématoire” in the Act.  O. Reg. 30/11, s. 112 (2). Disclosure to Prospective Purchasers
Disclosure to Prospective Purchasers
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Disclosure to public by registrar
 112.1 Upon preparing the consumer information guide, the registrar shall make it available to the public by posting it in a printable form on the website used by the registrar for purposes of communicating information to the public. O. Reg. 81/19, s. 2; O. Reg. 258/21, s. 12.
Disclosure to public by operator
 112.2 Every operator who maintains or makes use of a website to promote the sale or provision of a licensed supply or service or to enter into a contract for the sale or provision of a licensed supply or service shall ensure that a link to the website where the registrar has posted the consumer information guide in accordance with section 112.1 is available in a clearly visible place on the website maintained or used by the operator. O. Reg. 258/21, s. 4.
Disclosure to Purchasers
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Disclosure if circumstances change
 114. (1) If an operator has entered into a contract for the sale of licensed supplies and services, the operator shall notify the purchaser of any of the following changes in circumstances that occur before the contract is fully performed and that result in the operator not being able to provide the supplies and services specified in the contract at the location specified in the contract: 1. A sale of the assets of the operator’s business. 2. The expiry, surrender, revocation or termination of the operator’s licence.  O. Reg. 30/11, s. 114 (1). (2) An operator shall give a purchaser written notice of a change mentioned in subsection (1) within 30 days of the change occurring.  O. Reg. 30/11, s. 114 (2). (3) The notice shall set out the purchaser’s cancellation rights under the Act and under the contract.  O. Reg. 30/11, s. 114 (3). Disclosure on Resale or Transfer of Interment or Scattering Rights
Disclosure on Resale or Transfer of Interment or Scattering Rights
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Disclosure on resale of rights
 115. (1) For the purposes of clause 47 (2) (a) of the Act, an interment rights holder or scattering rights holder who sells the rights shall provide the following information to the third party purchaser upon selling the rights: 1. The interment or scattering rights certificate endorsed in accordance with subsection (2) by the rights holder selling the rights and by the cemetery operator. 2. A copy of the current cemetery by-laws. 3. In the case of the sale of interment rights, a written statement of the number of lots that have been used in the plot to which the rights relate and the number of lots that remain available. 4. In the case of the sale of scattering rights, a written statement of the number of scatterings that have occurred on the scattering grounds to which the rights relate and of the number of scatterings that remain available. 5. Any other documentation in the rights holder’s possession relating to the rights.  O. Reg. 30/11, s. 115 (1). (2) The endorsement on the certificate provided to a third party purchaser under paragraph 1 of subsection (1) shall include, (a) a statement, signed by the rights holder selling the rights, acknowledging the sale to the third party purchaser; (b) the signature of the cemetery operator confirming that the person selling the rights is shown as the rights holder on the records of the cemetery; (c) the date on which the rights were sold; (d) the name and address of the third party purchaser; and (e) a statement of any money owing to the operator in respect of the rights.  O. Reg. 30/11, s. 115 (2). (3) After an interment rights holder or scattering rights holder sells the rights to a third party purchaser but before the purchaser exercises those rights, the purchaser shall provide the cemetery operator with, (a) the endorsed certificate mentioned in subsection (1); and (b) all other information that the cemetery operator specifies and that is necessary in order to issue a new certificate in relation to the rights.  O. Reg. 30/11, s. 115 (3). (4) Upon request, a cemetery operator shall provide additional copies of the cemetery by-laws to a third party purchaser, any other person who has an interest in the rights that were subject to the resale or a representative of such a person.  O. Reg. 30/11, s. 115 (4). (5) A cemetery operator who provides copies of the by-laws may charge the person who is provided with the copies a fee to recover the cost of providing the copies.  O. Reg. 30/11, s. 115 (5); O. Reg. 48/15, s. 11.
Disclosure on transfer of rights other than by resale
 116. If a rights holder transfers interment rights or scattering rights to another person by any means other than by sale,  (a) the rights holder who transfers the rights shall disclose to the person acquiring the rights the same information, with necessary modifications, as an interment rights holder or scattering rights holder is required to disclose under subsections 115 (1) and (2) upon selling the rights; and (b) the person who acquires the rights shall provide the cemetery operator with the same documentation and information as a third party purchaser is required to disclose upon a sale of the rights under subsection 115 (3).  O. Reg. 30/11, s. 116. General
Proof of licence
 117. (1) Every operator who maintains or makes use of a website to promote the sale or provision of a licensed supply or service or to enter into a contract for the sale or provision of a licensed supply or service shall ensure that the operator’s licence number and a description of the operator’s type of licence are available in a clearly visible place on the website. O. Reg. 258/21, s. 6. (2) Individuals licensed under the Act shall carry their licence on their person whenever conducting business relating to the sale or provision of a licensed supply or service and shall produce it upon request. O. Reg. 258/21, s. 6.
Disclosure of cemetery and crematorium by-laws
 118. (1) Every operator of a cemetery or crematorium shall provide a copy of the cemetery by-laws or crematorium by-laws, as the case may be, to every person who requests it.  O. Reg. 30/11, s. 118 (1). (2) The operator shall provide, without charge, the copy requested under subsection (1) but if a prospective purchaser requests more than one copy of the cemetery by-laws or crematorium by-laws, the operator shall provide the additional copies, subject to a fee to recover the cost of providing the additional copies.  O. Reg. 30/11, s. 118 (2); O. Reg. 48/15, s. 13. (3) The operator of a cemetery or crematorium shall make a copy of the by-laws and proposed by-law amendments available for the public to inspect during normal office hours without charge.  O. Reg. 30/11, s. 118 (3).
Promotional material, etc.
 119. (1) Every operator shall ensure that the following information appears in any sign or written advertisement, brochure, price list, contract, letterhead, pamphlet, circular, or other written material, other than business cards, used by the operator to promote the sale of a licensed supply or service: 1. The operator’s name. 2. The operator’s business name, if different from the operator’s name. 3. The name of any person who directly or indirectly controls the operator’s business and who directly or indirectly controls another business that sells a licensed supply or service and that has a business premises within 100 kilometres of the operator’s business location, except if the business is a cemetery owned by a municipality or a religious organization.  O. Reg. 30/11, s. 119 (1); O. Reg. 258/21, s. 7 (1). (2) Despite subsection (1), if more than one sign is posted at an operator’s business premises, the information mentioned in that subsection need only appear on one of the signs so long as the sign in question is close to the main entrance of the operator’s business premises and is, by its size and placement, the sign with the most prominence at the premises.  O. Reg. 30/11, s. 119 (2). (3) The information included on a sign under subsection (1) shall be placed on the sign in a manner that ensures the information is clearly visible to the public.  O. Reg. 30/11, s. 119 (3). (4) Every operator shall ensure that the information mentioned in subsection (1) is included in any audio or video material that the operator uses to promote the sale of a licensed supply or service if the material is at least one minute in duration.  O. Reg. 30/11, s. 119 (4); O. Reg. 258/21, s. 7 (2). (5) An operator who maintains or makes use of a website to promote the sale of a licensed supply or service or to enter into a contract for the sale of a licensed supply or service shall ensure that the information mentioned in subsection (1) is available in a clearly visible place on the website. O. Reg. 258/21, s. 7 (3). (6) When advertising a price, an operator shall include an explanation of all of the conditions of sale that relate to the advertised price and a full description of the supplies and services that are included in the advertised price.  O. Reg. 30/11, s. 119 (6). division B   CONTRACT REQUIREMENTS General
DIVISION B CONTRACT REQUIREMENTS
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Definitions
 120. In this Division, “group insurance” means group insurance as defined in subsection 171 (1) of the Insurance Act; (“assurance collective”) “recipient” means a person who is designated in a contract for the provision of a licensed supply or service as the person for whom the service or supply is to be provided. (“destinataire”) O. Reg. 30/11, s. 120.
Specific Contracts
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Exemption
 122. (1) For the purposes of subsection 40 (3) of the Act, a contract that meets the following requirements with respect to the supplies and services under the contract is exempt from subsections 40 (1) and (2) and sections 41, 42, 43 and 44 of the Act and sections 121, 123 and 128 of this Regulation: 1. A licence issued under the Act is not required in order to sell the supplies and services. 2. The supplies and services are purchased separately from licensed supplies or services. 3. The total purchase price does not exceed $250. 4. The purchaser is taking immediate delivery of the supply or receiving the service immediately. 5. If the purchase is a supply, the supply will not be stored by the operator.  O. Reg. 30/11, s. 122 (1). (2) No operator contracting for the provision of a supply or service shall enter into separate contracts, rather than a single contract, if the purpose of entering into separate contracts is to keep the value of any contract at less than $250 so this section applies to the contract.  O. Reg. 30/11, s. 122 (2).
If payment precedes provision and is held in trust
 123. (1) This section applies to every contract for the provision of licensed supplies or services if money is paid under the contract before the licensed supplies or services are provided and the money is required to be held in trust.  O. Reg. 30/11, s. 123 (1). (2) The contract shall contain the following: 1. Details concerning the holding, investment and payment out of the money in accordance with the regulations, including the manner in which the funds will be held in trust. 2. A statement setting out, i. whether the operator or another person will receive, directly or indirectly, any consideration or benefit related to arrangements for holding money paid under the contract in trust as required under section 52 of the Act, and ii. the name of every person, if any, from whom the operator or another person may be entitled to receive the consideration or benefit mentioned in subparagraph i. 3. If the money is held in an individual trust account under the regulations, a description of the purchaser’s right to request a statement once in each 12-month period from the operator that sets out, i. the current value of the individual trust account as of the end of the prior month, ii. the types of investments held as of that day, and iii. the name of the eligible depositary of any account in which trust money in the individual trust account is deposited. 4. If the money is held in a pooled trust fund or account under the regulations, a description of the purchaser’s right to request a statement from the operator, once in each 12-month period, setting out, i. the current value of the purchaser’s money as of the end of the month before the request, and ii. the name of the trustee. 5. Information concerning the manner in which the operator will determine the prices for the licensed supplies and services applicable at the time they are provided. 6. A description of the purchaser’s right to receive on completion of the contract any amount held in trust in excess of all amounts paid or payable to the operator and any other suppliers and a description of the manner in which the operator will calculate the amount to be paid to the purchaser or other person entitled under the contract to receive the payment.  O. Reg. 30/11, s. 123 (2).
Contract for cremation or related services
 125. (1) If a contract for the provision of licensed supplies or services provides for a cremation, the contract shall include, (a) a statement that a dead human body shall not be cremated if, (i) the body has a pacemaker, (ii) the body has a radioactive implant, except that a body that has a radioactive implant can be cremated 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, or (iii) the body 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; and (b) a statement that a dead human body shall not be cremated unless a certificate issued by the coroner authorizing the cremation has been received by the operator. O. Reg. 30/11, s. 125 (1); O. Reg. 412/19, s. 2. (2) If a contract for the provision of licensed supplies or services provides for a cremation or otherwise provides for the operator to come into possession of cremated human remains, the contract shall include, (a) the requirement that, if the operator so requests, the purchaser shall pay a refundable deposit that does not exceed the amount specified in the Minister’s order on fees and other charges made under the Act; (b) a statement that if cremated remains are not claimed on or before the first anniversary of the cremation, the operator may inter the cremated remains in a cemetery, including in a common lot for which the cemetery is the interment rights holder, and is entitled to retain the amount of any deposit described in clause (a) that was paid; and (c) a statement that if the cremated remains are claimed before they are interred, the operator shall promptly return any deposit described in clause (a) that was paid.  O. Reg. 30/11, s. 125 (2).
Contract for interment or scattering rights
 126. A contract for the provision of licensed supplies or services that includes the sale of interment or scattering rights shall include, (a) the name and address of the holder or intended holder of the rights; (b) the price for and a description of the interment rights or scattering rights that the purchaser has indicated being interested in purchasing, including, (i) the location and dimension of each lot or scattering ground, (ii) the number and type of interments or scatterings permitted in each lot or scattering ground with respect to the particular interment or scattering rights being purchased, (iii) in the case of interment rights relating to a private mausoleum or columbarium, the number of niches, crypts or compartments, and (iv) any limitations or restrictions on exercising the interment or scattering rights; (c) information relating to when and under what circumstances the rights certificate can be expected to be provided to the purchaser, if the certificate is not provided at the time the contract is made; (d) a requirement that payment under the contract shall be applied first to the purchase of the rights before being applied to the purchase of any other supplies or services under the contract; (e) the amount of the care and maintenance contribution for the lot or scattering ground; (f) information on any restrictions contained in the cemetery by-laws with respect to markers, lot decorations and private structures; (g) information as to the resale or transfer of interment or scattering rights by a rights holder, including, (i) any restrictions on the resale or transfer of interment or scattering rights, including any prohibition under the cemetery by-laws and any applicable fee, and (ii) obligations imposed under the Act or the cemetery by-laws on the parties to a resale or transfer of interment or scattering rights; and (h) information on any restrictions or requirements in the cemetery by-laws as to the purchase of supplies or services from the operator or a person specified by the operator.  O. Reg. 30/11, s. 126.
Delivery of contract
 127. (1) The operator under a contract for the provision of licensed supplies or services shall ensure that the purchaser receives a copy of the contract as signed by the purchaser at the time the purchaser signs it.  O. Reg. 30/11, s. 127 (1). (2) For the purposes of clause 40 (1) (d) of the Act, the prescribed manner of delivering a  copy of a contract for the provision of licensed supplies or services to a purchaser after it is signed by all parties is, as soon as possible, (a) to deliver it personally to the purchaser; (b) to send it to the purchaser by registered mail; or (c) to send it to the purchaser by another manner if the operator can prove receipt of it by the purchaser.  O. Reg. 30/11, s. 127 (2).
Additional requirements for enforceability of contracts
 128. For the purposes of clause 40 (1) (h) of the Act, a contract for the provision of licensed supplies or services is not enforceable by an operator if any of the following requirements are not satisfied: 1. The contract was signed by the individual who negotiated the contract on behalf of the operator. 2. If the operator entered into the contract with the purchaser over the internet, the contract was formed by text-based communications. 3. If the operator no longer provides a supply or service that the operator agreed to provide under the contract, the operator has made reasonable efforts to provide the supply or service and, if unable to do so, has arranged to provide an appropriate refund of the sum of the initial amount paid for the supply or service and any income earned on the initial amount. 4. If the operator substitutes a different supply or service for the licensed supply or service agreed to under the contract, the operator, i. has informed the purchaser, or the person entitled under the contract to cancel the contract, of the substitution and whether or not the substitution is of equal or greater value than the original supply, ii. has provided or arranged for the provision of a substituted supply or service of comparable quality and value, and iii. has not charged any increase in price as a result of the substitution.  O. Reg. 30/11, s. 128. Prohibited Practices
Prohibited Practices
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On default
 129. (1) No operator shall take any action to repossess a licensed supply or interment or scattering rights on a default in payment for the supply or rights if at least two-thirds of the purchase price for the supply or rights has been paid to the operator, unless a judge of the Superior Court of Justice grants leave to do so.  O. Reg. 30/11, s. 129 (1). (2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the operator, refuse leave or grant leave upon the terms and conditions that the court considers advisable.  O. Reg. 30/11, s. 129 (2). (3) Any provision in any agreement for payment to precede provision of supplies or services or in any security agreement incidental to such an agreement under which the operator may acquire title to, possession of or any rights in any goods of the purchaser, other than the goods passing under the agreement, is not enforceable.  O. Reg. 30/11, s. 129 (3).
Content of contract
 130. No operator shall include in any contract for the provision of any licensed supply or service a provision that, (a) conflicts with the Act or the regulations; (b) entitles the operator to unilaterally amend the contract, except with respect to the provision of substituted supplies or services in accordance with paragraph 4 of section 128; or (c) permits the contract to be amended in a manner other than by text-based communications.  O. Reg. 30/11, s. 130.
Operator’s policies
 131. No operator shall have a cancellation, refund or return policy that would deprive a person of any of the person’s rights under the Act or the regulations relating to the purchase of licensed supplies or services or that would effectively penalize the person for exercising any of those rights.  O. Reg. 30/11, s. 131. Insurance or Annuity Contracts Relating to the Sale of Licensed Supplies or Services
Insurance or Annuity Contracts Relating to the Sale of Licensed Supplies or Services
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Prohibited practices
 132. (1) No licensee shall sell, lend or permit the use of an operator’s business name, logo, letterhead or other identifier to a person who is soliciting the making of or negotiating the terms of an annuity or insurance contract with a vulnerable person mentioned in subsection 29 (2) of the Act or the terms of enrolling a vulnerable person mentioned in that subsection in group insurance.  O. Reg. 30/11, s. 132 (1). (2) Section 29 of the Act applies with necessary modifications to a person, other than a person who is subject to section 17.1 of Ontario Regulation 347/04 (Agents) made under the Insurance Act, in respect of the solicitation and negotiation of an agreement for the sale of an annuity or insurance contract or enrolment in group insurance if, (a) the proceeds of the annuity, insurance contract or group insurance, as the case may be, are intended to be used to fund, directly or indirectly, in whole or in part the purchase of licensed supplies or services; and (b) the annuity, insurance contract or group insurance, as the case may be, names an operator as beneficiary of the proceeds or assigns to an operator the right to designate the beneficiary of the proceeds.  O. Reg. 30/11, s. 132 (2). (3) No licensee shall accept any payment for an annuity, insurance contract or group insurance that is in cash or made payable to the licensee.  O. Reg. 30/11, s. 132 (3). (4) Subsection (3) does not apply if the licensee receives the payment in the licensee’s capacity as a person who is subject to section 17.1 of Ontario Regulation 347/04 (Agents) made under the Insurance Act.  O. Reg. 30/11, s. 132 (4). (5) No operator shall agree to be named as a beneficiary or to have the right to designate the beneficiary assigned under an annuity, insurance contract or group insurance or to have the beneficiary’s rights to proceeds under an annuity, insurance contract or group insurance assigned to the operator if the proceeds are to be used to fund the purchase of licensed supplies or services, unless the operator and the person who names the operator as the beneficiary or assignee have entered into a contract for the provision of the supplies or services.  O. Reg. 30/11, s. 132 (5).
Excess insurance or annuity proceeds
 133. An operator shall make a refund in accordance with the Act and the regulations if the operator receives insurance or annuity proceeds to fund the purchase of licensed supplies or services and, (a) the amount received exceeds the amount payable to the operator and any other suppliers for the provision of the supplies or services to be funded out of the proceeds; or (b) the operator provides no licensed supplies or services in consideration for the proceeds.  O. Reg. 30/11, s. 133. Division C   Miscellaneous consumer protection matters
DIVISION C MISCELLANEOUS CONSUMER PROTECTION MATTERS
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Interpretation
 134. (1) In this Division, “customized supply” means a licensed supply that is customized to the purchaser’s specifications within the meaning of subsection (2); (“fourniture personnalisée”) “recipient” has the same meaning as in Division B. (“destinataire”)  O. Reg. 30/11, s. 134 (1). (2) For the purposes of subsection 44 (6) of the Act and the definition of “customized supply” in subsection (1), a supply is customized to the purchaser’s specifications if, (a) the supply is produced on the basis of instructions or specifications provided by or on behalf of the purchaser; (b) the supply is personalized or has another unique characteristic, with the result that the operator is prevented from readily reselling or reusing it in the ordinary course of business; and (c) removing or undoing the personalization or unique characteristic would affect the structural integrity or aesthetic characteristics of the supply or would involve extraordinary expense.  O. Reg. 30/11, s. 134 (2).
Prohibitions against soliciting
 135. A long-term care home, as defined in the Fixing Long-Term Care Act, 2021, is prescribed for the purposes of subsection 29 (2) of the Act.  O. Reg. 30/11, s. 231; O. Reg. 271/22, s. 1.
Storage of supplies in advance of use
 136. (1) For the purposes of section 39 of the Act, an operator who sells a licensed supply in advance of the use of the supply may agree to store the supply, or arrange for the supply to be stored by another person, if the supply is one that is listed in subsection (2) and all of the conditions set out in subsection (3) have been met.  O. Reg. 30/11, s. 136 (1). (2) Subsection (1) applies to the following licensed supplies: 1. A casket. 2. An urn. 3. A marker. 4. An outer burial container, including a vault. 5. A grave liner.  O. Reg. 30/11, s. 136 (2). (3) The following are the conditions mentioned in subsection (1): 1. The supply is in a substantially completed condition. 2. The purchaser has made full payment for the supply. 3. The operator knows or ought to know that the supply is made of materials designed to withstand prolonged storage without any adverse effect on the structural integrity or aesthetic characteristics of the supply. 4. The supply is to be stored in a way that does not give rise to a lien on the supply. 5. In the contract for the provision of the supply, the purchaser has agreed, i. to the operator storing or arranging the storage of the supply, and ii. to treat the supply, for the purposes of section 44 of the Act and section 81 of this Regulation, as being provided at the time the supply is placed in storage. 6. The contract does not require that the purchaser be responsible for the costs relating to the storage or insuring of the supply.  O. Reg. 30/11, s. 136 (3). (4) An operator who, under section 39 of the Act, agrees to store a supply, or arrange for a supply to be stored by another person, shall not store the supply, or have it stored by another person, within the 30 days after the day the contract for the provision of the supply is made.  O. Reg. 30/11, s. 136 (4). (5) An operator who, under section 39 of the Act, agrees to store a supply, or arrange for a supply to be stored by another person, shall ensure that, (a) the supply is and continues to be stored in a manner that will not adversely affect the structural integrity or aesthetic characteristics of the supply; and (b) adequate insurance is purchased and maintained against loss of or damage to the supply while in storage. (6) An operator’s duties under subsection (5) end at the earlier of, (a) the time the supply is removed from storage and provided pursuant to a request under the contract for provision of the supply; and (b) the time specified in the contract.  O. Reg. 30/11, s. 136 (5).
Cancellation of unenforceable contract, operator’s obligations
 137. (1) Within 30 days after the day an operator receives a notice of cancellation under subsection 41 (1) of the Act for a contract that is not enforceable by the operator under subsection 40 (1) of the Act, the operator shall, in addition to refunding to the purchaser all money received by the operator under the contract as required by subsection 41 (2) of the Act, pay to the purchaser the greater of the following amounts: 1. The income earned on the money. 2. The income that would have been earned on the money had it been deposited as required under the Act and the regulations.  O. Reg. 30/11, s. 137 (1). (2) An operator who has delivered or performed some or all of the licensed supplies and services provided for under a contract before the purchaser cancels the contract under subsection 41 (1) of the Act is exempt from subsections 41 (2) and (3) of the Act and this section in respect of the licensed supplies and services that have been delivered or performed, if, (a) the purchaser does not comply with subsections 41 (4) and (5) of the Act, read with section 138 of this Regulation; (b) the grounds on which the contract is not enforceable by the operator under subsection 40 (1) of the Act have not caused any disadvantage to the purchaser; or (c) it would otherwise be inequitable for the operator to be subject to subsections 41 (2) and (3) of the Act in respect of the licensed supplies and services that have been delivered or performed.  O. Reg. 30/11, s. 137 (2). (3) If an operator receives written notice of cancellation from a purchaser under subsection 41 (1) of the Act after having provided to the purchaser some or all of the licensed supplies under the contract, the operator shall give the purchaser forthwith a written notice setting out, (a) the purchaser’s obligation under subsection 41 (5) of the Act and subsection 138 (3) of this Regulation to take reasonable care of the supplies; and (b) the effect, set out in subsection (2), that the purchaser’s failure to comply with the obligation mentioned in clause (a) will have on the purchaser’s right to a refund under subsection 41 (2) of the Act.  O. Reg. 30/11, s. 137 (3).
Cancellation of unenforceable contract, purchaser’s obligations
 138. (1) For the purposes of subsection 41 (4) of the Act, if a purchaser cancels a contract under subsection 41 (1) of the Act after licensed supplies have been delivered to the purchaser under the contract, (a) subject to clause (b), the purchaser shall permit the supplies to be repossessed by the operator or return the supplies to the operator, unless, (i) the operator fails to pay the costs of the repossession or return, (ii) the supplies contain human remains, whether interred or not, or (iii) the supplies are perishable, consumable, have been distributed or cannot be reused; (b) if, under the contract, the purchaser took possession of the supplies from the operator instead of the operator sending the supplies to the purchaser, the purchaser shall return the supplies to the operator at the purchaser’s expense and the operator shall not be required to repossess them.  O. Reg. 30/11, s. 138 (1). (2) The purchaser shall perform the purchaser’s obligations under subsection 41 (4) of the Act, read subject to subsection (1) of this section, (a) within 30 days after the day the purchaser gives the operator written notice of cancellation of the contract; and (b) during the operator’s normal business hours.  O. Reg. 30/11, s. 138 (2). (3) For the purposes of subsection 41 (5) of the Act, if a purchaser cancels a contract under subsection 41 (1) of the Act after licensed supplies have been delivered to the purchaser under the contract, the purchaser shall take reasonable care of the supplies, other than supplies mentioned in subclause (1) (a) (ii) or (iii), for the period that begins at the time the purchaser gives the operator written notice of cancellation of the contract and ends at the earlier of, (a) the time the supplies are returned to the operator; and (b) in the case of licensed supplies other than supplies mentioned in clause (1) (b), (i) the time the supplies are repossessed by the operator, or (ii) the end of the 30th day after the day the purchaser gives the operator written notice of cancellation of the contract, if the purchaser has provided the operator with a reasonable opportunity to repossess the supplies and the supplies have not been repossessed.  O. Reg. 30/11, s. 138 (3).
Delivery within 30 days
 139. (1) For the purposes of subsection 43 (1) of the Act, a purchaser under a contract for the provision of licensed supplies or services may request that the operator provide, within 30 days after the day the contract is made, any of the supplies or services if, (a) they are required for the disposition of human remains within the 30-day period; (b) they are required for the co-ordination and provision of rites or ceremonies in relation to human remains within the 30-day period; or (c) the contract is a contract to which subsection 122 (1) applies.  O. Reg. 30/11, s. 139 (1). (2) If, under section 42 of the Act, a purchaser cancels a contract for the provision of a customized supply before the provision of the supply but after requesting, for the purposes of subsection 43 (1) of the Act, the operator to provide the supply within 30 days after the day the contract is made, the activities of the operator in relation to the supply before the cancellation of the contract are deemed to be services that the operator has provided to the purchaser and the operator may deduct the expenses incurred for them from the refund to the purchaser paid under subsection 43 (4) of the Act.  O. Reg. 30/11, s. 139 (2). (3) When making the refund mentioned in subsection (2), the operator shall give the purchaser orally or, if requested, in writing, an itemized list of all expenses deducted under that subsection, including amounts deducted for work done by the operator and amounts deducted for payments made or debts incurred by the operator to third parties, and the list shall set out, for each expense, its purpose, and its amount.  O. Reg. 30/11, s. 139 (3). (4) A purchaser may withdraw a request described in subsection (1) by giving the operator a written notice of the withdrawal that meets the following requirements: 1. It shall be signed and dated by the purchaser. 2. It shall set out, i. the date of the contract, ii. the unique identification number or code of the contract, and iii. a description of the licensed supplies and services for which the purchaser is withdrawing the request, unless the purchaser is withdrawing the request for all of the licensed supplies and services that the purchaser requested the operator to provide.  O. Reg. 30/11, s. 139 (4). (5) An operator who is a party to a contract for the provision of interment rights or scattering rights is exempt from section 43 of the Act with respect to the provision of those rights.  O. Reg. 30/11, s. 139 (5).
Cancellation after cooling-off period
 140. (1) If a purchaser cancels a contract under subsection 44 (1) of the Act, the amount that the operator shall refund to the purchaser under subsection 44 (4) of the Act, in addition to all money received by the operator under the contract, is the greater of the following amounts: 1. The income earned on the money. 2. The income that would have been earned on the money had it been deposited as required under the Act and the regulations.  O. Reg. 30/11, s. 140 (1). (2) If a purchaser cancels a contract under subsection 44 (1) of the Act, in calculating the refund to be made to the purchaser, the operator may, in addition to deducting under clause 44 (4) (b) of the Act the value of any supplies and services that have been provided, deduct under clause 44 (4) (a) of the Act the lesser of the following amounts less the amount that the operator has retained under subsection 78 (1) as not being prepaid trust money, if the balance is positive: 1. 10 per cent of the sum of the money received by the operator under the contract and the additional amounts that the operator is required to refund to the purchaser as determined under subsection (1). 2. $350.  O. Reg. 30/11, s. 140 (2). (3) If a purchaser cancels a contract under subsection 44 (1) of the Act for the provision of a customized supply, the amount of the refund to which the purchaser is entitled with respect to that supply under subsection 44 (6) of the Act is, (a) nil, if the customization of the supply has been completed at the time the contract is cancelled; or (b) if the customization of the supply has not been completed at the time the contract is cancelled, the amount of the refund as determined under subsection 44 (4) of the Act less the amount of the expenses incurred by the operator in relation to the supply before the cancellation of the contract.  O. Reg. 30/11, s. 140 (3). (4) When making the refund mentioned in clause (3) (b), the operator shall give the purchaser orally or, if requested, in writing, an itemized list of all expenses deducted under that clause, including amounts deducted for work done by the operator and amounts deducted for payments made or debts incurred by the operator to third parties, and the list shall set out, for each expense, its purpose, and its amount.  O. Reg. 30/11, s. 140 (4).
Deemed cancellation under s. 44 of the Act
 141. (1) A purchaser under a contract for the provision of licensed supplies or services, other than interment rights or scattering rights, shall be deemed to have cancelled the contract under section 44 of the Act if, (a) the operator has reasonable grounds to believe that the recipient under the contract is or, if he or she were alive, would be at least 120 years old; (b) none, or only part, of the licensed supplies and services under the contract have been provided, and no request has been made to the operator to provide the licensed supplies or services that have not yet been provided; and (c) the operator is unable to locate the recipient or the purchaser after making reasonable efforts to do so.  O. Reg. 30/11, s. 141 (1). (2) Subsection (1) does not apply in the circumstances in which section 49 of the Act applies.  O. Reg. 30/11, s. 141 (2).
Cancellation where cemetery prohibits resale
 142. (1) If an interment rights holder or a scattering rights holder cancels a contract under subsection 47 (5) of the Act, the amount that the operator may deduct under subsection 47 (6) of the Act in calculating the payment to be made to the rights holder under that subsection is the amount of the operator’s contribution to the cemetery’s care and maintenance fund under section 87 of this Regulation in connection with the sale of such rights under the contract being cancelled.  O. Reg. 30/11, s. 142 (1). (2) For the purposes of clause 47 (7) (b) of the Act, if the price for the interment rights or scattering rights is not set out on the operator’s price list, their market value mentioned in paragraph 2 of subsection 47 (6) of the Act shall be deemed to be equal to the market value of interment rights or scattering rights, as the case may be, with respect to a lot that, (a) is equivalent to or better than the lot in respect of which the rights holder purchased the rights under the contract; and (b) is located in the cemetery to which the cancelled contract relates or, if there is no equivalent or better lot in the cemetery to which the cancelled contract relates, is located in another cemetery that, (i) is in the same geographic location as the cemetery to which the cancelled contract relates, and (ii) is similar to the cemetery to which the cancelled contract relates in terms of its size, its religious or ethnic affiliation and whether it is for profit or not for profit.  O. Reg. 30/11, s. 142 (2).
Reimbursement order after resale of abandoned rights
 143. For the purposes of subclause 50 (2) (a) (iii) of the Act, the prescribed amount is the purchase price charged by the operator on the resale of the interment rights or scattering rights, less the amount of the operator’s contribution to the cemetery’s care and maintenance fund under section 87 of this Regulation in connection with the resale of the interment rights or scattering rights.  O. Reg. 30/11, s. 143.
Transfer of rights to cancel and receive refund
 144. (1) A purchaser under a contract for the provision of a licensed supply or service may, in the contract, transfer the purchaser’s rights to cancel the contract and receive a refund under sections 41, 42, 43 and 44 of the Act to, (a) one person designated in the contract; or (b) more than one person designated in the contract, as long as not more than one person is designated for any set of circumstances or any point in time.  O. Reg. 30/11, s. 144 (1). (2) Subject to subsection (1), the following rules apply to contracts to which section 123 applies: 1. Before the death of the recipient, the purchaser or a person designated in the contract by the purchaser may cancel the contract at any time and receive the refund under sections 41, 42, 43 and 44 of the Act. 2. Before the death of the recipient but after the death of the purchaser, the recipient or the recipient’s personal representative may cancel the contract at any time, and the recipient is entitled to receive the refund under sections 41, 42, 43 and 44 of the Act. 3. After the death of the recipient, the recipient’s personal representative may cancel the contract at any time, and the recipient is entitled to receive the refund under sections 41, 42, 43 and 44 of the Act.  O. Reg. 30/11, s. 144 (2). PART III   cemeteries, BURial Sites and crematoriums Division A   GENERAL
PART III CEMETERIES, BURIAL SITES AND CREMATORIUMS
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DIVISION A GENERAL
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Definitions
 145. (1) In this Part, “First Nations Government” means the government of a band, as “band” is defined in the Indian Act (Canada); (“gouvernement d’une Première Nation”) “representative”, when used in connection with a person whose remains are interred, means, (a) in the case of a burial ground, (i) a descendant of the interred person, or (ii) if there is no known surviving descendant, a representative of the religious denomination with which the interred person was affiliated as evidenced by the place of interment, or (b) in the case of an aboriginal peoples burial ground, (i) the nearest First Nations Government, or (ii) another community of aboriginal peoples that is willing to act as a representative and whose members have a close cultural affinity to the interred person; (“représentant”) “small scale columbarium” means a columbarium having a total volume of less than 15 cubic metres or 530 cubic feet, not including markers affixed to the structure; (“petit columbarium”) “small scale mausoleum” means a mausoleum having a total volume of less than 15 cubic metres or 530 cubic feet, not including markers affixed to the structure. (“petit mausolée”)  O. Reg. 30/11, s. 145 (1). (2) In the Act and this Part, “cemetery” includes land that, (a) is known to contain human remains, (b) was set aside to be used for the interment of human remains, (c) was and continues to be set aside for the interment of human remains, and (d) was and remains readily identifiable as land containing human remains. (3) In the French version of this Part, “crématorium” has the same meaning as “crématoire” in the Act.  O. Reg. 30/11, s. 145 (2). Division B   CEMETERIEs Establishing, Altering or Increasing Capacity of a Cemetery
DIVISION B CEMETERIES
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Establishing, Altering or Increasing Capacity of a Cemetery
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