GENERAL, O. Reg. 30/11

• Jurisdiction: Ontario
• Year: 2011

ontario regulation 30/11

made under the

funeral, Burial and Cremation Services Act, 2002

Made: February 9, 2011
Filed: February 11, 2011
Published on e-Laws: February 15, 2011
Printed in The Ontario Gazette: February 26, 2011

GENERAL

PART I
OPERATION OF BUSINESS

Division A
definitions

Definitions

1. (1) In this Part,

“business day” means a day that is not,

(a) Saturday, or

(b) a holiday within the meaning of section 87 of the Legislation Act, 2006;

“care and maintenance trust money” means money that section 53 of the Act requires be held in a care and maintenance fund or in a care and maintenance account;

“commercial cemetery” means a cemetery operated for the purpose of making a profit for the owner;

“eligible depositary” means,

(a) a bank or authorized foreign bank as both those terms are defined in section 2 of the Bank Act (Canada),

(b) a corporation registered under the Loan and Trust Corporations Act, or

(c) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994;

“embalming room” means a room designated for arterially embalming or restoring dead human bodies;

“funeral director” means an individual licensed to provide or direct the provision of funeral services or to hold oneself out as available to do so;

“funeral preplanner” means an individual who, in respect of contracts made before the death of the intended recipient of supplies and services, is licensed to act under subsection 6 (1) on behalf of a person licensed as a Funeral Establishment Operator – Class 1 or Funeral Establishment Operator – Class 2 or who is licensed to hold oneself out as available to do so;

“group insurance” means group insurance as defined in subsection 171 (1) of the Insurance Act;

“holding room” means a room designated for holding dead human bodies, preparing them and placing them in caskets, but not for arterially embalming or restoring them;

“licence” means a licence issued under section 14 of the Act or deemed to be held under the Act by virtue of section 13 of the Act;

“operator licence” means a licence authorizing the licensee to operate a cemetery, crematorium, funeral establishment or transfer service;

“personal licence” means a licence authorizing a licensee who is an individual to act as a sales representative of an operator or as a funeral director or a funeral preplanner;

“personal representative” means a personal representative as defined in the Succession Law Reform Act;

“person in charge of the day-to-day operations”, with respect to the business of an operator, means an individual managing the business of the operator at a particular location;

“prepaid trust money” means,

(a) money that is required under section 52 of the Act to be held in trust and paid out in accordance with the regulations that apply for the purposes of that section, and

(b) unless the context indicates otherwise, income earned on the investment and reinvestment of the money described in clause (a) while it is held in trust in accordance with the regulations that apply for the purposes of section 52 of the Act,

but does not include money paid for the purchase of interment or scattering rights;

“sales representative” means an individual, other than a funeral preplanner, who is licensed to act under subsection 5 (1) on behalf of an operator other than a funeral establishment operator;

“temporarily held care and maintenance trust money” means money that is required to be held in trust under section 55 of the Act;

“trust money” means prepaid trust money;

“unclaimed trust money” means prepaid trust money,

(a) that is held in trust with respect to the provision by an operator of licensed supplies or services, and

(b) that is payable or repayable to a purchaser whom the payer is unable to identify or locate.

(2) In the French version of this Part,

“crématorium” has the same meaning as “crématoire” in the Act.

(3) The other prescribed services mentioned in the definition of “funeral services” in subsection 1 (1) of the Act include the co-ordination and provision of rites and ceremonies with respect to cremated human remains if the services are provided in close proximity to the time of death of the person whose remains they are and the remains are to be present, other than rites or ceremonies taking place at the time of interment or scattering.

DIVISION b
ADDITIONAL PROHIBITED ACTIVITIES

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.

(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.

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.

(2) Subsection (1) does not apply to a person acting under the authority of a licence issued under the Insurance Act.

dIVISION c
LICENSING

Requirement for Licences

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.

(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).

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.

(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.

(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.

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.

(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.

(3) The class of persons described in clause (1) (c) is a prescribed class for purposes of clause 8 (2) (c) of the Act.

(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.

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.

(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.

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.

(2) In the case of an applicant for an operator licence, or a renewal of that licence, it is a...