Funeral, Burial and Cremation Services Act, 2002: Proposed Discipline and Appeal Committees Regulation
Regulation - Minister
Bill or Act:
Summary of Proposal:
The Funeral, Burial and Cremation Services Act, 2002(FBCSA) provides, among other things, for consumer protection in the bereavement sector, including the licensing and regulation of cemetery, crematorium and transfer service operators; sales representatives of those operators; funeral establishments; funeral directors; and funeral preplanners. The Bereavement Authority of Ontario (BAO) is the administrative authority responsible for regulating and licensing these service providers under the FBCSA.
Part VIII of the FBCSA provides that FBCSA licensees must comply with a code of ethics that may be established by the Minister; one or more discipline committees shall be established for hearing and determining issues concerning whether licensees have failed to comply with a code of ethics; and one or more appeal committees shall be established to consider appeals from a discipline committee. The proposed Discipline and Appeal Committees Regulation would support addressing alleged violations of a code of ethics by licensees who are subject to it. The proposed Regulation would establish a discipline committee and an appeal committee for the purpose of enforcing a code of ethics; set out the composition and manner of appointment of members of each committee; and provide for procedures in relation to matters brought before each committee.
This overview is intended to be a summary and is not a substitute for the proposed Regulation, which you are encouraged to review.
A discipline committee and an appeal committee each must be appointed by the Board of Directors of the BAO or, if there is no administrative authority, by the Minister.
Each committee must have at least 10 members, comprising at least two licensees from each of the following licence classes: Cemetery Operator, Crematorium Operator, Funeral Establishment Operator-Class 1 and Funeral Director-Class 1; and at least two members who have never been in certain positions in or related to the bereavement sector (e.g., a licensee or former licensee). Current and former directors of the BAO Board of Directors or Board of Funeral Services cannot be committee members. A chair and two vice chairs must be appointed to each committee from among the members of that committee by the BAO Board of Directors or, if there is no administrative authority, by the Minister. A person cannot serve as a member of both the discipline committee and the appeal committee.
When a matter is referred to the discipline committee or an appeal is heard by the appeal committee, the committee chair must assign a panel of the committee's members to hear and determine the matter. The panel must have at least three members. At least one panel member must be
1. The committee's chair or vice chair;
2. Neither the committee's chair or vice chair;
3. A member of the same licence class as the person who is the subject of the proceedings, except where that person is a Transfer Service Operator, Funeral Establishment Operator-Class 2, Funeral Director-Class 2 or Funeral Preplanner.
And at least one panel member must never have been in certain positions in or relating to the bereavement sector.
The proposed Regulation also contains provisions regarding disclosures, parties to the hearing and notice requirements in the context of discipline and appeal proceedings as well as a process for bringing an appeal under subsection 64 (3) of the FBCSA.
March 2, 2018
Comments Due Date:
April 16, 2018
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Toronto ON M2N 6N5