Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33

• Jurisdiction: Ontario

Funeral, Burial and Cremation Services Act, 2002

S.O. 2002, chapter 33

Consolidation Period: From March 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 49.

CONTENTS

part i
definitions and interpretation

Definitions

1 (1) In this Act,

“aboriginal peoples” includes the Indian, Inuit and Métis peoples of Canada; (“autochtone”)

“burial site” means land containing human remains that is not a cemetery; (“lieu de sépulture”)

“by-laws”, when used in relation to a cemetery or crematorium, means the rules under which the cemetery or crematorium is operated; (“règlements administratifs”)

“casket” means a container intended to hold a dead human body for funeral, cremation or interment purposes and that is not a vault, burial container or a grave liner; (“cercueil”)

“cemetery” means,

(a) land that has been established as a cemetery under this Act, a private Act or a predecessor of one of them that related to cemeteries, or

(b) land that was recognized by the registrar as a cemetery under a predecessor of this Act that related to cemeteries,

and includes,

(c) land that, in the prescribed circumstances, has been otherwise set aside for the interment of human remains, and

(d) a mausoleum or columbarium intended for the interment of human remains; (“cimetière”)

“cemetery services” means services provided by a cemetery operator in respect of the interment of human remains or the scattering of cremated human remains at a cemetery and includes such services as may be prescribed; (“services de cimetière”)

“columbarium” means a structure designed for the purpose of interring cremated human remains in niches or compartments; (“columbarium”)

“crematorium” means a building that is fitted with appliances for the purpose of cremating human remains and that has been approved as a crematorium or established as a crematorium in accordance with the requirements of this Act or a predecessor of it and includes everything necessarily incidental and ancillary to that purpose; (“crématoire”)

“crematorium services” means services provided in respect of the cremation of dead human bodies and includes such services as may be prescribed; (“services de crématoire”)

“embalm” means to preserve and disinfect all or part of a dead human body by any means other than by refrigeration, but does not include religious rites relating to the washing of a body; (“embaumer”)

“employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”)

“equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”)

“funeral establishment” means premises established for the purpose of temporarily placing dead human bodies, and in prescribed circumstances cremated human remains, so that persons may attend and pay their respects; (“résidence funéraire”)

“funeral services” means the care and preparation of dead human bodies, the co-ordination and provision of rites and ceremonies with respect to dead human bodies and the provision of such other services as may be prescribed, but does not include cemetery or crematorium services; (“services funéraires”)

“human remains” means a dead human body or the remains of a cremated human body; (“restes humains”)

“income” means the interest or money earned, including its compounding, by the investment of funds, including any capital gains realized from the investment of funds held in trust for the purposes of section 52 or 56; (“revenu”)

“inter” means the burial of human remains and includes the placing of human remains in a lot; (“inhumer”)

“interment rights” includes the right to require or direct the interment of human remains in a lot; (“droits d’inhumation”)

“interment rights holder” means the person who holds the interment rights with respect to a lot whether the person be the purchaser of the rights, the person named in the certificate of interment or such other person to whom the interment rights have been assigned; (“titulaire de droits d’inhumation”)

“investigator” means a person appointed as an investigator under subsection 69 (1); (“enquêteur”)

“licensed services” means cemetery services, crematorium services, funeral services and transfer services and includes interment rights and scattering rights and any other services that are sold or provided by a person licensed under this Act in the normal course of a business regulated under this Act; (“services autorisés”)

“licensed supplies” means caskets and markers and any other supplies that are sold by a person licensed under this Act in the normal course of a business regulated under this Act; (“fournitures autorisées”)

“licensee” means a person who holds a licence issued under this Act; (“titulaire de permis”)

“lot” means an area of land in a cemetery containing, or set aside to contain, interred human remains and includes a tomb, crypt or compartment in a mausoleum and a niche or compartment in a columbarium and any other similar facility or receptacle; (“sépulture”)

“marker” means any monument, tombstone, plaque, headstone, cornerstone or other structure or ornament affixed to or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains; (“repère”)

“mausoleum” means a structure, other than a columbarium, used as a place for the interment of human remains in tombs, crypts or compartments; (“mausolée”)

“Minister” means the Minister of Government Services or whatever other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“officer” includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager or assistant general manager of the corporation or a partner or general manager or assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”)

“operator” means a person who is licensed to operate a cemetery, crematorium, funeral establishment, casket retailing business, marker retailing business, transfer service or any other business for which a licence may be required by regulation and includes a cemetery owner who is deemed to be a cemetery operator under subsection 5 (2); (“exploitant”)

“person”, with respect to a cemetery, includes,

(a) a board of trustees established for the purpose of operating the cemetery, and

(b) any organization or group of persons organized for the purpose of operating the cemetery; (“personne”)

“plot” means two or more lots in respect of which the rights to inter have been sold as a unit; (“concession”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“private scattering ground” means land within a cemetery that is set aside to be used for the scattering of cremated human remains of only those persons who are related or affiliated in a manner specified in the contract at the time the scattering rights are sold; (“aire de dispersion privée”)

“private structure” means a mausoleum or columbarium situated on a cemetery set aside for the interment of human remains of only those persons who are related or affiliated in a manner specified in the contract at the time the interment rights are sold; (“construction privée”)

“registrar” means the registrar appointed under section 3; (“registrateur”)

“regulations” means regulations made under this Act; (“règlements”)

“scattering ground” means the land within a cemetery that is set aside to be used for the scattering of cremated human remains; (“aire de dispersion”)

“scattering rights” includes the right to require or direct the scattering of cremated human remains on the scattering ground of a cemetery; (“droits de dispersion”)

“scattering rights holder” means the person who holds the scattering rights with respect to a scattering ground whether the person be the purchaser of the rights, the person named in the certificate of scattering or such other person to whom the scattering rights have been assigned; (“titulaire de droits de dispersion”)

“transfer service” means a service to the public with respect to the disposition of dead human bodies, including the transportation of dead human bodies and the filling out of the necessary documentation with respect to the disposition of dead human bodies; (“service de transfert”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. (“Tribunal”) 2002, c. 33, s. 1 (1); 2006, c. 34, Sched. D, ss. 1 (1-10).

Associated persons

(2) For the purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of a voting trust and the trust relates to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person. 2006, c. 34, Sched. D, s. 1 (11).

Section Amendments with date...