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ontario regulation 258/21

made under the

Funeral, Burial and Cremation Services Act, 2002

Made: April 1, 2021
Filed: April 6, 2021
Published on e-Laws: April 6, 2021
Printed in The Ontario Gazette: April 24, 2021

Amending O. Reg. 30/11

(GENERAL)

1. Subsection 68 (3) of Ontario Regulation 30/11 is revoked and the following substituted:

(3) Every operator who maintains or makes use of a website to promote the sale or provision of a licensed supply or service or to enter into a contract for the sale or provision of a licensed supply or service shall ensure that the operator’s price list is available, without charge, in a printable form in a clearly visible place on the website.

2. (1) Section 86 of the Regulation is amended by striking out “$100,000” wherever it appears and substituting in each case “$165,000”.

(2) Section 86 of the Regulation is amended by adding the following subsection:

(4) This section, as it read on December 31, 2021, continues to apply to applications described in subsection (1) or requests described in subsection (3) made on or before that day.

3. Section 94 of the Regulation is revoked and the following substituted:

Payment out to increase the capacity of a cemetery

94. (1) For the purposes of subsection 53 (18) of the Act, the trustee of a care and maintenance fund or account for a cemetery that is not a commercial cemetery shall, at the request of the cemetery operator, pay to the operator, from the capital of the fund or account, an amount to be used to increase the capacity of the cemetery, if the registrar authorizes the payment to be made.

(2) The registrar shall authorize a payment to be made under subsection (1) only if, in the opinion of the registrar,

(a)  the cemetery operator does not have enough money to increase the capacity of the cemetery;

(b)  the payment of the amount from the capital of the fund or account will enable the cemetery operator to increase the capacity of the cemetery;

(c)  the cemetery operator will continue to provide adequate care and maintenance for the cemetery; and

(d)  the increased capacity will promote the cemetery’s economic viability and strengthen the fund or account.

(3) The cemetery operator shall only use a payment received under subsection (1) to increase the capacity of the cemetery, including,

(a)  to purchase land adjoining the cemetery in order to enlarge the cemetery;

(b)  to establish a columbarium or mausoleum in the cemetery;

(c)  to increase the volume of a columbarium or mausoleum in the cemetery;

(d)  to establish a lot or scattering ground in the cemetery; and

(e)  to increase the dimensions of a scattering ground in the cemetery.

(4) Subject to subsections (5) and (6), the cemetery operator shall pay the amount received under subsection (1) back into the fund or account,

(a) out of the money received by the cemetery operator from the sale of interment rights and scattering rights with respect to the cemetery’s increased capacity, after paying into the fund or account the payments required to be made in respect of those rights; and

(b)  in accordance with the registrar’s directions regarding the circumstances in which repayment must be made and the portion that must be repaid in each of such circumstances.

(5) If the cemetery operator uses any part of a payment received under subsection (1) for a purpose that does not increase the capacity of the cemetery as required under subsection (3), the operator shall pay the amount used for the other purpose back to the fund or account within the period specified by the registrar.

(6) If the cemetery operator does not use the whole payment received under subsection (1) within a period that the registrar determines is reasonable in the circumstances, the cemetery operator shall pay the amount that was not used back to the fund or account within the period specified by the registrar.

4. The Regulation is amended by adding the following section:

Disclosure to public by operator

112.2 Every operator who maintains or makes use of a website to promote the sale or provision of a licensed supply or service or to enter into a contract for the sale or provision of a licensed supply or service shall ensure that a link to the website where the registrar has posted the consumer information guide in accordance with section 112.1 is available in a clearly visible place on the website maintained or used by the operator.

5. Subsection 113 (2) of the Regulation is revoked and the following substituted:

(2) If an operator maintains or makes use of a website and enters into electronic contracts for the sale of licensed supplies and services through the website, the operator shall, subject to subsection (2.1), provide the items that subsection (1) requires the operator to ensure the prospective purchaser receives by,

(a)  posting the items in a printable form in a clearly visible place on the website; or

(b)  posting, in a clearly visible place on the website, a link to the website where the registrar has posted the consumer information guide in accordance with section 112.1, in the case of the copy of the guide.

6. Section 117 of the Regulation is revoked and the following substituted:

Proof of licence

117. (1) Every operator who maintains or makes use of a website to promote the sale or provision of a licensed supply or service or to enter into a contract for the sale or provision of a licensed supply or service shall ensure that the operator’s licence number and a description of the operator’s type of licence are available in a clearly visible place on the website.

(2) Individuals licensed under the Act shall carry their licence on their person whenever conducting business relating to the sale or provision of a licensed supply or service and shall produce it upon request.

7. (1) Subsection 119 (1) of the Regulation is amended by:

(a)  striking out “licensed supplies and services” in the portion before paragraph 1 and substituting “a licensed supply or service”; and

(b)  striking out “licensed supplies or services” in paragraph 3 and substituting “a licensed supply or service”.

(2) Subsection 119 (4) of the Regulation is amended by striking out “licensed supplies or services” and substituting “a licensed supply or service”.

(3) Subsection 119 (5) of the Regulation is revoked and the following substituted:

(5) An operator who maintains or makes use of a website to promote the sale of a licensed supply or service or to enter into a contract for the sale of a licensed supply or service shall ensure that the information mentioned in subsection (1) is available in a clearly visible place on the website.

8. (1) Paragraph 2 of subsection 166 (1) of the Regulation is amended by striking out “$50” at the beginning and substituting “$100”.

(2) Paragraph 3 of subsection 166 (1) of the Regulation is amended by striking out “$100” at the beginning and substituting “$200”.

(3) Paragraph 4 of subsection 166 (1) of the Regulation is amended by striking out “$200” at the beginning and substituting “$400”.

9. (1) Subsection 167 (2) of the Regulation is amended by striking out “(11) and (12)” in the portion before paragraph 1 and substituting “(11) and (13)”.

(2) Subparagraph ii of paragraph 1 of subsection 167 (2) of the Regulation is amended by striking out “$500” at the beginning and substituting “$575”.

(3) Subparagraph ii of paragraph 2 of subsection 167 (2) of the Regulation is amended by striking out “$100” at the beginning and substituting “$115”.

(4) Subsection 167 (3) of the Regulation is amended by striking out “(11) and (12)” and substituting “(11) and (13)”.

10. (1) Paragraph 1 of section 168 of the Regulation is amended by striking out “$250” at the end and substituting “$290”.

(2) Paragraph 2 of section 168 of the Regulation is amended by striking out “$150” at the end and substituting “$175”.

(3) Paragraph 3 of section 168 of the Regulation is amended by striking out “$500” at the end and substituting “$830”.

(4) Paragraph 4 of section 168 of the Regulation is amended by striking out “$100” at the end and substituting “$165”.

(5) Paragraph 5 of section 168 of the Regulation is amended by striking out “$100” at the end and substituting “$115”.

(6) Paragraph 6 of section 168 of the Regulation is amended by striking out “$25” at the end and substituting “$30”.

(7) Paragraph 7 of section 168 of the Regulation is amended by striking out “$25” at the end and substituting “$30”.

11. The Regulation is amended by adding the following section:

Minister’s Review

168.1 The Minister shall conduct a review of the amounts prescribed for the purposes of section 53 of the Act at least once every five years.

12. The French version of the Regulation is amended by striking out “site Internet” wherever it appears and substituting in each case “site Web”.

Commencement

13. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 4, 5, 6 and 7 come into force on July 1, 2021.

(3) Sections 2, 3, 8, 9, 10 and 11 come into force on January 1, 2022.

 

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