O. Reg. 288/15: GENERAL
filed September 18, 2015 under Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33
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made under the
Funeral, Burial and Cremation Services Act, 2002
Made: September 16, 2015
Filed: September 18, 2015
Published on e-Laws: September 18, 2015
Printed in The Ontario Gazette: October 3, 2015
Amending O. Reg. 30/11
(GENERAL)
1. The definition of “compensation fund” in subsection 26 (2) of Ontario Regulation 30/11 is revoked and the following substituted:
“compensation fund” means a compensation fund mentioned in section 61 of the Act.
2. (1) Section 192 of the Regulation is amended by adding the following definition:
“Authority” means the administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this section; (“Office”)
(2) The definition of “Board” in section 192 of the Regulation is revoked.
(3) The definitions of “Committee” and “Fund” in section 192 of the Regulation are revoked and the following substituted:
“Committee” means the Compensation Fund Committee established by the Authority; (“comité”)
“Fund” means the compensation fund mentioned in section 193; (“Fonds”)
3. Section 193 of the Regulation is revoked and the following substituted:
Compensation Fund
193. The compensation fund known as the Funeral Services Compensation Fund in English and Fonds d’indemnisation des services funéraires in French is the compensation fund for the purposes of subsection 61 (1) of the Act.
4. The following provisions of the Regulation are amended by striking out “Board” wherever that expression appears and substituting in each case “Authority” and by making the necessary grammatical changes in the French version:
1. Section 194.
2. Subsection 200 (1).
3. Paragraph 7 of subsection 200 (2).
4. Subsection 200 (4).
5. Subsection 201 (2).
6. Subsection 201 (3).
7. Subsection 202 (12).
8. Subsection 207 (1).
9. Subsection 207 (2).
10. Subsection 207 (3).
11. Subsection 207 (4).
12. Subsection 207 (7).
13. Subsection 210 (1).
5. The heading to Part V of the Regulation is revoked and the following substituted:
Part v
delegation of regulation-making authority to the minister and discipline
6. The Regulation is amended by adding the following sections:
Order of discipline committee
212.1 The Bereavement Authority of Ontario is prescribed for the purposes of paragraph 5 of subsection 64 (2) of the Act.
Transition
212.2 Part VIII of the Act and any regulation made under it applies to licensees who were subject to disciplinary proceedings under sections 16, 17 and 18 of the Board of Funeral Services Act immediately before the repeal of that Act.
7. Part VII of the Regulation is revoked and the following substituted:
Transition to administrative authority
231. (1) In this section,
“Authority” means the administrative authority designated under the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this section; (“Office”)
“Board” means the Board of Funeral Services; (“Conseil”)
“Compensation Fund” means the compensation fund mentioned in section 193; (“Fonds”)
(2) The Board shall provide the following information to the Ministry upon request:
1. The total amount of fees paid or owing to the Board as of a fixed date, in respect of licensing, education and other matters in respect of which the Board charges a fee.
2. Information regarding banking and other financial arrangements of the Board in carrying out its powers and duties, including account numbers and the name of the financial institution.
3. Information regarding all contracts and leasing arrangements in respect of which the Board is a party and whose terms or completion dates extend beyond April 1, 2016.
4. Information regarding all accounts receivable and monies owing to the Board as of a fixed date.
(3) The Board shall facilitate the completion of and signing of all necessary documentation required as a result of the delegation, under the Safety and Consumer Statutes Administration Act, 1996, of the administration of designated legislation to the Authority, and specifically, when requested by the Ministry, shall complete the documentation required in order to transfer to the Authority,
(a) the assets of the Board;
(b) operational responsibility for the Fund; and
(c) other banking and financial arrangements that are in place with the Board and that the Authority is to assume.
8. Section 231 of the Regulation, as made by section 7, is revoked.
Commencement
9. (1) Subject to subsection (2), this Regulation comes into force on the later of April 1, 2016 and the day this Regulation is filed.
(2) Section 7 comes into force on the later of January 16, 2016 and the day this Regulation is filed.