Regulation - LGIC
Cemetery Care and Maintenance Funds and Accounts Framework under the Funeral, Burial and Cremation Services Act, 2002
Regulation Number(s):
Ontario Regulation 30/11
Ontario Regulation 187/09
Ontario Regulation 187/09
Instrument Type:
Regulation - LGIC
Bill or Act:
Funeral, Burial and Cremation Services Act, 2002; Safety and Consumer Statutes Administration Act, 1996
Summary of Decision:
Changes were made to the General Regulation (O. Reg. 30/11) under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) and the General Regulation (O. Reg 187/09) under the Safety and Consumer Statutes Administration Act, 1996 (SCSAA) to:
As of July 1, 2021:
• Remove the requirement that cemetery, crematorium, funeral establishment, and transfer service operators (bereavement service operators) display their licence or a copy of it near the main entrance of their establishment.
• Require that every bereavement service operator who maintains or makes use of a website to promote, or to enter contracts for, the sale or provision of licensed supplies or services to make available in a clearly visible place on that website: a free, printable electronic version of the operator's price list; a link to the consumer information guide prepared by the Registrar of the Bereavement Authority of Ontario (BAO); and their licence number and a description of their type of licence.
As of January 1, 2022:
• Permit non-commercial cemetery operators that meet certain criteria to access the capital portion of a cemetery care and maintenance fund or account to increase the capacity of a cemetery, including but not limited to buying adjoining land to enlarge a cemetery, subject to approval from the Registrar of the BAO, under the condition that the amount is paid back into the trust fund or account.
• Increase the minimum care and maintenance fund/account contribution amounts.
• Require the Minister to review the prescribed care and maintenance fund/account contribution amounts at least once every five years.
As of July 1, 2021:
• Remove the requirement that cemetery, crematorium, funeral establishment, and transfer service operators (bereavement service operators) display their licence or a copy of it near the main entrance of their establishment.
• Require that every bereavement service operator who maintains or makes use of a website to promote, or to enter contracts for, the sale or provision of licensed supplies or services to make available in a clearly visible place on that website: a free, printable electronic version of the operator's price list; a link to the consumer information guide prepared by the Registrar of the Bereavement Authority of Ontario (BAO); and their licence number and a description of their type of licence.
As of January 1, 2022:
• Permit non-commercial cemetery operators that meet certain criteria to access the capital portion of a cemetery care and maintenance fund or account to increase the capacity of a cemetery, including but not limited to buying adjoining land to enlarge a cemetery, subject to approval from the Registrar of the BAO, under the condition that the amount is paid back into the trust fund or account.
• Increase the minimum care and maintenance fund/account contribution amounts.
• Require the Minister to review the prescribed care and maintenance fund/account contribution amounts at least once every five years.
Analysis of Regulatory Impact:
The changes are expected to result in some new compliance costs for some businesses and organizations. All costs are expected to either be offset by cost savings/benefits or be marginal one-time costs.
The ministry would be interested in hearing from bereavement sector businesses about the estimated costs, particularly administrative costs, as well as the benefits of the changes. If you wish to provide information in this respect, you may contact the ministry at bereavement@ontario.ca.
The ministry would be interested in hearing from bereavement sector businesses about the estimated costs, particularly administrative costs, as well as the benefits of the changes. If you wish to provide information in this respect, you may contact the ministry at bereavement@ontario.ca.
Further Information:
O. Reg. 258/21: GENERAL (ontario.ca)
O. Reg. 259/21: GENERAL (ontario.ca)
O. Reg. 258/21: GENERAL (ontario.ca)
O. Reg. 259/21: GENERAL (ontario.ca)
Proposal Number:
20-MGCS022
Posting Date:
November 20, 2020
Summary of Proposal:
The Ministry of Government and Consumer Services ("the ministry") would like to hear your views on the ministry's proposals to improve the cemetery care and maintenance fund and account framework under the Funeral, Burial and Cremation Services Act, 2002 and its regulations.
Bereavement sector stakeholders have raised concerns about the existing framework for cemetery care and maintenance funds and accounts, which are trust funds that are intended to generate income for the ongoing upkeep of a cemetery.
Since December 2019, the ministry has been consulting with municipalities, the Association of Municipalities of Ontario, commercial, religious and not-for-profit cemetery operators and bereavement sector associations to determine the scope of the concerns with the cemetery care and maintenance fund and account framework and to discuss potential solutions to address those concerns.
The ministry considered all feedback received and is proposing potential regulatory changes and non-regulatory actions to help address the concerns that were raised.
The ministry is also proposing potential regulatory changes to address concerns regarding licence display requirements for bereavement service operators.
The ministry invites you to review the attached consultation paper and to share your feedback.
Please submit your comments no later than January 19, 2021.
Your advice is important. All input is welcomed and appreciated. All comments received may be used to inform recommendations for potential regulatory changes and non-regulatory actions. This may involve disclosing some or all comments or materials received, or summaries of them, to other interested parties during and after the consultation, subject to certain restrictions. The ministry's collection, use and disclosure of information is subject to the Freedom of Information and Protection of Privacy Act. Please see the consultation paper for more information about the collection, use and disclosure of information related to this posting.
You may instead send us your comments by email to bereavement@ontario.ca.
Bereavement sector stakeholders have raised concerns about the existing framework for cemetery care and maintenance funds and accounts, which are trust funds that are intended to generate income for the ongoing upkeep of a cemetery.
Since December 2019, the ministry has been consulting with municipalities, the Association of Municipalities of Ontario, commercial, religious and not-for-profit cemetery operators and bereavement sector associations to determine the scope of the concerns with the cemetery care and maintenance fund and account framework and to discuss potential solutions to address those concerns.
The ministry considered all feedback received and is proposing potential regulatory changes and non-regulatory actions to help address the concerns that were raised.
The ministry is also proposing potential regulatory changes to address concerns regarding licence display requirements for bereavement service operators.
The ministry invites you to review the attached consultation paper and to share your feedback.
Please submit your comments no later than January 19, 2021.
Your advice is important. All input is welcomed and appreciated. All comments received may be used to inform recommendations for potential regulatory changes and non-regulatory actions. This may involve disclosing some or all comments or materials received, or summaries of them, to other interested parties during and after the consultation, subject to certain restrictions. The ministry's collection, use and disclosure of information is subject to the Freedom of Information and Protection of Privacy Act. Please see the consultation paper for more information about the collection, use and disclosure of information related to this posting.
You may instead send us your comments by email to bereavement@ontario.ca.
Contact Address:
Consultation on Cemetery Care and Maintenance Funds and Accounts
Consumer Policy and Liaison Branch
Policy, Planning and Oversight Division
Ministry of Government and Consumer Services
56 Wellesley Street W, 6th Floor, Toronto, Ontario M7A 1C1
Consumer Policy and Liaison Branch
Policy, Planning and Oversight Division
Ministry of Government and Consumer Services
56 Wellesley Street W, 6th Floor, Toronto, Ontario M7A 1C1
Effective Date:
January 1, 2022
Decision:
Approved