Consultation: Potential Changes to the Funeral, Burial and Cremation Services Act, 2002 and/or its Regulations
Regulation Number(s):
Ontario Regulation 30/11
Ontario Regulation 184/12
Ontario Regulation 374/18
Ontario Regulation 216/18
Instrument Type:
Regulation - LGIC
Bill or Act:
Funeral, Burial and Cremation Services Act, 2002
Summary of Proposal:
The Ministry of Government and Consumer Services' ("the ministry's") consultation paper seeks feedback to inform potential proposals for changes to the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) and/or its regulations to address recommendations made by the Auditor General as well as concerns raised by bereavement sector stakeholders. The FBCSA and its regulations set out certain requirements for Ontario's bereavement sector. The requirements in the FBCSA are in place to help protect consumers of bereavement supplies and services as well as to set standards for bereavement service operators.
The consultation paper seeks feedback on the following bereavement sector topics:
A. Consumer protection measures, including:
• Transparency of price information
• Displaying the Bereavement Authority of Ontario logo on bereavement service operator websites
• Disclosure requirements for promotional materials
• Taking steps to prevent upselling and/or aggressive sales practices
• Not allowing the licensing of new disposition technology providers until safety of the technology can be confirmed
B. Compliance and enforcement tools
C. Priority of persons with legal authority to make decisions regarding decedents
D. Cemetery care and maintenance funds/accounts, including:
• Interest payment requirements on funds borrowed from the capital portion of cemetery care and maintenance funds/accounts
• Potential to exempt municipal cemetery operators from care and maintenance fund/account requirements
E. Other cemetery-related proposals, including:
• Requiring municipalities to operate certain cemeteries that appear neglected or abandoned
• Additional cemetery closure order application requirements
Please view the consultation paper for more information about these topics and submit your comments no later than August 9, 2021. You may instead send us your comments by email to bereavement@ontario.ca.
Your advice is important. All input is welcomed and appreciated.
Analysis of Regulatory Impact:
It is anticipated that there will be both administrative costs and benefits (or cost savings) to businesses and/or organizations associated with the potential changes, if made and approved. Administrative costs and benefits are anticipated to vary by topic and potential proposal under consideration.
The consultation paper seeks feedback under each topic about potential new costs and/or cost savings associated with the potential proposals for Ontario businesses, organizations, or municipalities. Feedback provided on the consultation paper will be used to develop an analysis of the anticipated costs and benefits associated with the proposed changes, if made and approved.
Further Information:
Proposal Number:
21-MGCS018
Posting Date:
June 25, 2021
Comments Due Date:
August 9, 2021
Contact Address:
Consultation on potential changes to the Funeral, Burial and Cremation Services Act, 2002 and/or its regulations
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