July 2021
Regulatory Registry Posting: Potential Changes to the Funeral, Burial and Cremation Services Act, 2002 and/or its Regulations

2021-07-07 4:17:17 PM

Under the Funeral, Burial and Cremation Services Act, 2002
Consultation timeline: June 25, 2021 – August 9, 2021 (45 days)
Ministry: Government and Consumer Services
Further details and to comment: https://www.ontariocanada.com/registry/view.do?language=en&postingId=37807

The Ministry of Government and Consumer Services’ (MGCS) has released a consultation paper which 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 consultation paper seeks feedback on the following bereavement sector topics:

  • 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
  • Compliance and enforcement tools
  • Priority of persons with legal authority to make decisions regarding decedents
  • 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
  • Other cemetery-related proposals, including:
    • Requiring municipalities to operate certain cemeteries that appear neglected or abandoned
    • Additional cemetery closure order application requirements.
Comments are due to the Ministry by August 9, 2021.

Funeral, Burial and Cremation Services Act, 2002
O. Reg 30/11 (General Regulation)
O. Reg 184/12 (Care and Maintenance Exemptions and Miscellaneous Charges)
O. Reg 216/18 (Code of Ethics)
O. Reg 374/18 (Discipline and Appeal Committees)
Bereavement Consultation Paper


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