ONTARIO REGULATION 32/11

made under the

FUNERAL DIRECTORS AND ESTABLISHMENTS ACT

Made: February 9, 2011
Filed: February 11, 2011
Published on e-Laws: February 15, 2011
Printed in The Ontario Gazette: February 26, 2011


GENERAL

Definitions

Definitions

1. In this Regulation,

“funeral preplanner” has the same meaning as in section 1 of Ontario Regulation 30/11 (General) made under the Funeral, Burial and Cremation Services Act, 2002;

“personal licence” means a personal licence as defined in section 1 of Ontario Regulation 30/11 (General) made under the Funeral, Burial and Cremation Services Act, 2002, in circumstances when the licensee is employed by an individual licensed to operate a funeral establishment or transfer service under that Act.

Board and Committee Composition and Quorum

Duties

2. For the purposes of clause 3 (5) (c) of the Act, the Board shall oversee students, trainees and interns seeking to qualify for licensing as a funeral director or funeral planner.

Board

3. (1) For the purposes of subsection 4 (1) of the Act, the Board shall be composed of,

(a) eight individuals who hold a personal licence, at least one of whom,

(i) is licensed as a funeral director,

(ii) is not also licensed to operate a funeral establishment or a transfer service, and

(iii) is not also a person in charge of the day-to-day operations of the business of a funeral establishment operator or a transfer service operator; and

(b) five individuals who are not licensees within the meaning of the Act or the Funeral, Burial and Cremation Services Act, 2002.

(2) For purposes of subsection 4 (4) of the Act, a quorum of the Board is seven members, at least two of whom are individuals described in clause (1) (b).

Executive Committee

4. (1) For purposes of subsection 8 (1) of the Act, the Executive Committee shall be composed of at least three members of the Board, at least one of whom is an individual described in clause 3 (1) (b).

(2) For purposes of subsection 8 (3) of the Act, a quorum of the Committee is two members.

Licensing Committee

5. (1) For purposes of subsection 9 (1) of the Act, the Licensing Committee shall be composed of at least three members of the Board, at least one of whom is an individual described in clause 3 (1) (b).

(2) For purposes of subsection 9 (3) of the Act, a quorum of the Committee is two members.

Discipline Committee

6. (1) For purposes of subsection 11 (1) of the Act, the Discipline Committee shall be composed of at least four members of the Board, at least two of whom are individuals described in clause 3 (1) (b).

(2) For purposes of subsection 11 (3) of the Act, a quorum of the Committee is three members.

Compensation Fund Committee

7. (1) For purposes of subsection 12 (1) of the Act, the Compensation Fund Committee shall be composed of at least three members of the Board, at least two of whom are individuals described in clause 3 (1) (b).

(2) For purposes of subsection 12 (3) of the Act, a quorum of the Committee is two members.

Professional Misconduct

Professional misconduct

8. For the purposes of subsection 16 (2) of the Act, professional misconduct of a funeral director includes,

(a) an act or omission inconsistent with the Act, any predecessor of the Act, the Funeral, Burial and Cremation Services Act, 2002 or the regulations made under any of those Acts;

(b) failing to respect the confidentiality of information concerning a client except with the consent of the client or the client’s personal representative unless required to do so by law;

(c) charging fees that are excessive in relation to the funeral services, funeral supplies or transfer services requested, performed or provided;

(d) submitting a false or misleading account;

(e) making or promising any benefit to a third party for procuring patronage;

(f) accepting any commission or benefit, including a benefit to which a third party may be entitled, without making disclosure as required under the Funeral, Burial and Cremation Services Act, 2002 and the regulations made under that Act;

(g) charging fees for funeral supplies not purchased from the funeral establishment of the funeral director;

(h) submitting an account before making a contract in accordance with any predecessor of the Act or with the Funeral, Burial and Cremation Services Act, 2002, as applicable;

(i) charging interest on an account without notifying the client of the terms of interest before making a contract, excluding interest granted by the judgment of a court;

(j) selling or attempting to sell an account to a third party within thirty days of signing a contract for that account, except upon the sale of a funeral establishment and excluding an agent retained to collect unpaid accounts;

(k) failing to carry out the terms of a contract;

(l) counselling or assisting any person to contravene the Act, any predecessor of the Act, the Funeral, Burial and Cremation Services Act, 2002 or the regulations under any of those Acts;

(m) acting or holding itself out as a funeral director using any name other than the name shown on the licence;

(n) being the person in charge of the day-to-day operations of the business of a funeral establishment operator, that operates or holds itself out as a funeral establishment using any name other than the name shown on the licence;

(o) signing or issuing a certificate, report or other document that contains a statement the funeral director knows or ought to know is false, misleading or otherwise improper;

(p) requiring, without reasonable grounds, that a person purchase specific funeral services, funeral supplies or transfer services as a condition of obtaining funeral services, funeral supplies or transfer services;

(q) refusing services to any person, except where a funeral director has reasonable grounds to refuse the services and is willing to provide a reasonable alternative;

(r) embalming a body without specific instructions from the purchaser of the service or the beneficiary’s personal representative;

(s) failing to reply within a reasonable time to a written inquiry received from the Registrar;

(t) engaging in the practice of funeral directing while impaired by alcohol or a drug; and

(u) acting in a manner relevant to the practice of funeral directing that, having regard to the circumstances, would reasonably be regarded as unprofessional conduct.

REVOCATIONS AND COMMENCEMENT

Revocations

9. Regulations 467, 468, 469 and 470 of the Revised Regulations of Ontario, 1990 are revoked.

Commencement

10. This Regulation comes into force on the latest of,

(a) the day section 138 of the Funeral, Burial and Cremation Services Act, 2002 comes into force;

(b) the day subsections 80 (4) and 81 (1) and (2) and sections 84, 85, 86 and 87 of Schedule D to the Ministry of Government Services Consumer Protection and Service Modernization Act, 2006 come into force; and

(c) the day this Regulation is filed.