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O. Reg. 374/18: DISCIPLINE AND APPEAL COMMITTEES

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ontario regulation 374/18

made under the

Funeral, Burial and Cremation Services Act, 2002

Made: April 26, 2018
Approved: May 2, 2018
Filed: May 4, 2018
Published on e-Laws: May 7, 2018
Printed in The Ontario Gazette: May 19, 2018

Discipline and Appeal Committees

Definitions

Interpretation

1. (1) In this Regulation,

“administrative authority” means the administrative authority as designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering sections 63 and 64 of the Act; (“organisme d’application”)

“appointing body” means,

(a) the board of the Authority, if the Authority is the administrative authority, or

(b) the Minister, if there is no administrative authority; (“autorité de nomination”)

“Authority” means the Bereavement Authority of Ontario; (“Office”)

“interested person” has the same meaning as in subsection 14 (3) of the Act. (“personne intéressée”)

(2) In this Regulation, a reference to a class of licence shall be a reference to the class of licence as specified in section 18 of Ontario Regulation 30/11 (General) made under the Act.

Establishment of Discipline and Appeal Committees

Composition of each committee

2. (1) For the purposes of Part VIII of the Act, a discipline committee and an appeal committee are each established.

(2) The appointing body shall appoint the members of the discipline committee and the appeal committee in accordance with this section.

(3) The discipline committee and the appeal committee shall each be composed of at least 10 members, of whom,

(a) at least two are licensees from each of the following classes of licence:

(i) Cemetery Operator,

(ii) Crematorium Operator,

(iii) Funeral Establishment Operator – Class 1, and

(iv) Funeral Director – Class 1; and

(b) at least two have never been,

(i) a licensee or former licensee,

(ii) a shareholder, officer, director, interested person or employee of a licensee or former licensee,

(iii) an officer, director or employee of a trade association that represents licensees or the interests of licensees, or

(iv) a member of the advisory committees established by the board of the Authority.

(4) Neither the discipline committee nor the appeal committee shall include a member or former member of the board of directors of the Authority or the Board of Funeral Services.

(5) No person shall serve as a member of both the discipline committee and the appeal committee.

(6) Subject to subsections (4) and (5), the appointing body may appoint additional members to the discipline committee or the appeal committee.

(7) Members of the discipline committee and appeal committee hold office at the pleasure of the appointing body and for the term specified by the appointing body.

Chairs and vice-chairs

3. (1) The appointing body shall appoint,

(a) from among the members of the discipline committee, one person as chair of the discipline committee and two persons as vice-chairs of the discipline committee; and

(b) from among the members of the appeal committee, one person as chair of the appeal committee and two persons as vice-chairs of the appeal committee.

(2) If the chair of the discipline committee or the appeal committee so requests, or if the chair is absent or unable to act, the following person may exercise and perform the powers and duties of the chair:

1. The vice-chair of the committee whom the chair specifies.

2. The vice-chair of the committee, who has served the greatest cumulative time as vice-chair, if the chair does not specify a vice-chair under paragraph 1.

Procedure of the Discipline Committee

Discipline panel

4. (1) When a matter is referred to the discipline committee, the chair of the committee shall assign a panel, composed solely of members of the discipline committee appointed in accordance with this section, to hear and determine the matter.

(2) The panel has all the jurisdiction and powers of the discipline committee with respect to hearing and determining the matter referred to the committee.

(3) Subject to subsection 4.2.1 (1) of the Statutory Powers Procedure Act, the panel shall be composed of at least three members of the discipline committee.

(4) If the panel is composed of three or more members of the discipline committee,

(a) at least one panel member must be a chair or vice-chair of the committee and at least one panel member shall be a member of the committee who is neither a chair nor a vice-chair of the committee;

(b) at least one panel member must be,

(i) a Cemetery Operator, if the person who is the subject of the issue before the panel is a Cemetery Operator or Sales Representative,

(ii) a Crematorium Operator, if the person who is the subject of the issue before the panel is a Crematorium Operator,

(iii) a Funeral Establishment Operator – Class 1, if the person who is the subject of the issue before the panel is,

(A) a Funeral Establishment Operator – Class 1,

(B) a Funeral Establishment Operator – Class 2,

(C) a Transfer Service Operator – Class 1, or

(D) a Transfer Service Operator – Class 2,

(iv) a Funeral Director – Class 1, if the person who is the subject of the issue before the panel is,

(A) a Funeral Director – Class 1,

(B) a Funeral Director – Class 2, or

(C) a Funeral Preplanner; and

(c) at least one panel member must never have been,

(i) a licensee or former licensee,

(ii) a shareholder, officer, director, interested person or employee of a licensee or former licensee,

(iii) an officer, director or employee of a trade association that represents licensees or the interests of licensees, or

(iv) a member of the advisory committees established by the board of the Authority.

Parties

5. The parties to a proceeding before the discipline committee are the licensee who is the subject of the proceeding, the Authority and any other person that the discipline committee adds as a party.

Disclosure of evidence

6. (1) A party who intends to tender evidence at a hearing before the discipline committee shall, not later than the day specified by subsection (2), disclose the following to every other party:

1. In the case of written or documentary evidence, a copy of the evidence.

2. In the case of oral evidence of a witness, the identity of the witness and a written statement containing the substance of the witness’ anticipated oral evidence.

3. In the case of oral evidence of an expert, the identity of the expert and a copy of a written report signed by the expert containing the substance of the expert’s anticipated oral evidence.

4. In the case of evidence that is not oral, written or documentary evidence, a written description of the evidence.

(2) The day mentioned in subsection (1) is,

(a) in the case of evidence tendered by the Authority, the 30th day before the date the hearing begins; and

(b) in the case of evidence tendered by any other party, the 15th day before the date the hearing begins.

(3) A party who intends to tender written or documentary evidence, or other evidence that is not oral evidence, at a hearing before the discipline committee shall give every other party a reasonable opportunity to examine the original evidence before the hearing.

Disclosure from closed hearing

7. If a hearing before the discipline committee is closed to the public, the committee may order that evidence given and submissions made at the hearing not be disclosed to any member of the public.

Notice to complainant who is not a party

8. If a proceeding before the discipline committee arises from a complaint by a person who is not a party to the proceeding, the committee shall send the person a copy of its determination or order, including the reasons if any that it has given, at the same time that it sends a copy of its determination or order, as the case may be, to each party who participated in the proceeding or the party’s representative.

Notice of appeal right

9. When the discipline committee sends a copy of its determination or order to a party who participated in the proceeding, or the party’s representative, it shall include with the copy a notice outlining the party’s right to appeal under subsection 64 (3) of the Act and the procedures applicable to the appeal.

Procedure of the Appeal Committee

Commencement of appeal

10. (1) Under subsection 64 (3) of the Act, a party to a proceeding before the discipline committee may appeal a determination or order made by the discipline committee by delivering the following to the appeal committee within 30 days after the discipline committee sends notice of its determination or order, as the case may be, to the party:

1. A notice of appeal that,

i. identifies the appellant and the other parties to the appeal,

ii. identifies the determination or order being appealed,

iii. sets out the grounds for the appeal, and

iv. sets out the relief that is sought.

2. The fee for commencing the appeal.

(2) The fee for commencing the appeal shall be the fee set by the Authority under the administrative agreement that it has entered into with the Minister under section 4 of the Safety and Consumer Statutes Administration Act, 1996 and shall be payable to the Authority.

(3) Within the 30-day period described in subsection (1), the appellant shall deliver a copy of the notice of appeal to the other parties to the appeal and to the discipline committee.

(4) When a party commences an appeal under subsection 64 (3) of the Act, the discipline committee shall, at the earliest practical opportunity, forward to the appeal committee the record compiled under section 20 of the Statutory Powers Procedure Act.

Appeal panel

11. (1) The chair of the appeal committee shall assign a panel, composed solely of members of the appeal committee appointed in accordance with this section, to hear and determine an appeal to the committee under section 10.

(2) The panel has all the jurisdiction and powers of the appeal committee with respect to hearing and determining appeals from the discipline committee.

(3) Subject to subsection 4.2.1 (1) of the Statutory Powers Procedure Act, the panel must be composed of at least three members of the appeal committee. 

(4) If the panel is composed of three or more members of the appeal committee,

(a) at least one panel member must be a chair or vice-chair of the committee and at least one panel member shall be a member of the committee who is neither a chair nor a vice-chair of the committee;

(b) at least one panel member must be,

(i) a Cemetery Operator, if the person who is the subject of the issue before the panel is a Cemetery Operator or Sales Representative,

(ii) a Crematorium Operator, if the person who is the subject of the issue before the panel is a Crematorium Operator,

(iii) a Funeral Establishment Operator – Class 1, if the person who is the subject of the issue before the panel is,

(A) a Funeral Establishment Operator – Class 1,

(B) a Funeral Establishment Operator – Class 2,

(C) a Transfer Service Operator – Class 1, or

(D) a Transfer Service Operator – Class 2,

(iv) a Funeral Director – Class 1, if the person who is the subject of the issue before the panel is,

(A) a Funeral Director – Class 1,

(B) a Funeral Director – Class 2, or

(C) a Funeral Preplanner; and

(c) at least one panel member must never have been,

(i) a licensee or former licensee,

(ii) a shareholder, officer, director, interested person or employee of a licensee or former licensee,

(iii) an officer, director or employee of a trade association that represents licensees or the interests of licensees, or

(iv) a member of the advisory committees established by the board of the Authority.

Parties

12. The parties to a proceeding before the appeal committee are the appellant, the other persons who were parties to the proceeding before the discipline committee and any other person that the appeal committee adds as a party.

Proceedings

13. Sections 7 and 8 apply, with necessary modifications, to proceedings before the appeal committee, reading references to the discipline committee as references to the appeal committee.


 

Commencement

14. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Bereavement Authority of Ontario:
L'Office ontarien des services funéraires :

Tom Wright

Chair

Date made:April 26, 2018
Pris le : 26 avril 2018

I approve this Regulation.
J’approuve le présent règlement.

La ministre des Services gouvernementaux et des Services aux consommateurs,

Tracy MacCharles

Minister of Government and Consumer Services

Date approved: May 2, 2018
Approuvé le : 2 mai 2018

 

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