By-laws are the rules under which a cemetery, crematorium or hydrolysis facility operate. The by-laws must be approved by the Registrar, BAO and comply with the Funeral, Burial and Cremation Services Act, 2002, as well as Ontario Regulations 30/11 and 184/12. They must be in the public interest and not give an operator or supplier an unreasonable or unfair advantage over another supplier.

A well-written set of by-laws provides clear direction to consumers as to what is permitted and prohibited by the operator. Operators in turn, must do their best to follow their own by-laws, to avoid creating confusion and frustration on the part of consumers, and to reduce the potential for complaints.

The BAO is pleased to provide the following sample by-laws to cemetery and crematorium operators. Before by-laws can be made enforceable, the submission procedures linked below must be followed.

Please review both our sample by-laws and submission procedures BEFORE beginning any work on creating new or amending existing by-laws.

Cemetery By-laws – BAO Sample
Cemetery <Nouveau!> Modèle de règlements de cimetière – MS Word file
Cemetery By-law Submission Procedures
Crematorium By-laws – BAO Sample
Crematorium/Hydrolysis By-law Submission Procedures
Hydrolysis By-laws – BAO Sample – TBA

Every operator of a cemetery, crematorium or hydrolysis facility must provide, at no charge, a copy of their by-laws (as well as the price list) to every person who requests it. Operators may charge a fee for additional copies, at an amount sufficient to recover costs only.

Before a contract is entered into, cemetery, crematorium and hydrolysis operators must offer to provide to the prospective purchaser a copy of their by-laws (and they must provide a copy of their price list and BAO Consumer Information Guide).

When meeting with a prospective purchaser, cemetery operators must provide:

• a statement that the cemetery is governed by by-laws and that a copy of the by-laws is available for review;
• information on any restrictions contained in the by-laws with respect to markers, lot decorations and private structures;
• information as to the resale or transfer of interment or scattering rights by a rights holder, including:
  • any restrictions or prohibitions on the resale or transfer of rights,
  • any applicable fee to transfer the rights to the new rights holder,
  • obligations imposed under the Act or the by-laws on the parties to a resale or transfer of rights, and
  • if the resale of rights is prohibited under the by-laws, an explanation of a rights holder’s cancellation rights and refund entitlement under section 47 of the Act;
• Information on any restrictions or requirements in the by-laws as to the purchase of supplies or services

A contract for the provision of licensed supplies or services is not enforceable by an operator unless,

• In the case of a contract for the purchase of interment or scattering rights,
  • he operator delivers to the purchaser a copy of the by-laws – which must include info as to whether resale of the rights to a third party is permitted, and
  • the contract includes a description of the location of the lot that is purchased;
• In the case of a contract for the purchase of crematorium or hydrolysis supplies and services, the operator delivers to the purchaser a copy of the crematorium’s or hydrolysis facility’s by-laws.