Establishing a Single Regulator for the Bereavement Sector
O.Reg 187/09 Safety and Consumer Statutes Administration Act, 1996
O. Reg. 30/11 Funeral, Burial and Cremation Services Act, 2002
Regulation - LGIC
Bill or Act:
Safety and Consumer Statutes Administration Act, 1996; the Funeral, Burial and Cremation Services Act, 2002
Summary of Decision:
Regulation amending O. Reg. 187/09 General under the Safety and Consumer Statutes Administration Act, 1996 (SCSAA) to delegate provisions of the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) in respect of cemeteries and crematoriums to the Bereavement Authority of Ontario (BAO) effective January 16, 2016 and to delegate provisions of the FBCSA in respect of funeral and transfer services to the BAO effective April 1, 2016
Regulation amending O. Reg. 30/11 General under the FBCSA to make certain technical amendments including to replace a references to the Board of Funeral Services in various sections with a reference to the authority designated under SCSAA as well as add certain obligations in respect of the repeal of the BOFS Act effective April 1, 2016 and the transition to the new Bereavement Authority of Ontario
Regulation to revoke O. Reg. 32/11 under the BOFS Act effective April 1, 2016. A proclamation has been made to repeal the BOFS Act effective April 1, 2016 concurrent with the delegation of oversight responsibility to a single regulator for the bereavement sector, the Bereavement Authority of Ontario. With the repeal of the BOFS Act, the regulation under that Act is being revoked
February 28, 2014
Summary of Proposal:
The Ministry of Consumer Services (MCS) is proposing to amend O.Reg 187/09, made under the Safety and Consumer Statutes Administration Act, 1996 (SCSAA), to assign responsibility for the day to day administration of the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) to a new Delegated Administrative Authority.
The regulation amendments would transfer responsibility for the day-to-day administration of the FBCSA from the Board of Funeral Services and the ministry to a new DAA (an arm?s-length, not-for-profit corporation). The DAA would assume all operational decision-making and regulatory service delivery responsibilities, with the exception of responsibility for burial sites, cemetery closures and abandoned cemeteries, which would remain within government. This proposal will not alter the policies and regulatory framework that apply to the bereavement sector.
The SCSAA establishes an accountability and governance framework between the ministry and DAAs that administer legislation on behalf of the government in specific consumer and public safety sectors. The government and DAAs have a solid 16 year record of strengthening public safety and consumer protection through the DAA model. MCS would assume an oversight role, and would continue to be responsible for new or amended legislation, (legislation includes acts and regulations) and for public policy development.
The ministry is also proposing to make technical amendments to FBCSA O. Reg. 30/11 to facilitate and align with the delegation of responsibilities currently exercised by the Board of Funeral Services to a new bereavement sector DAA (e.g. replacing current reference to Board of Funeral Services with a reference to the DAA). Concurrent with the assignment of responsibility to a new bereavement sector DAA, the regulation made under the Board of Funeral Services Act would be revoked and that Act repealed.
Ministry of Government and Consumer Services
Consumer Services Operations Division
56 Wellesley Street West, 18th floor
Toronto, ON, M5S 2S3
January 16, 2016