The Funeral, Burial and Cremation Services Act, 2002 establishes the following classes of cemetery and crematorium licences:
- – Cemetery Operator: Person (Corporation, Partnership, Sole Proprietor, Trustee/Volunteer Board –Religious or other) licensed to offer or sell cemetery supplies and services.
- – Crematorium Operator: Person (Corporation, Partnership, Sole Proprietor, Trustee/Volunteer Board –Religious or other) licensed to offer or sell crematorium supplies and services.
- – Sales Representative: Can sell transfer services on behalf of a licensed transfer service operator.
Under the FBCSA, you need a Cemetery Operator licence to operate a cemetery. You are required to complete and submit a licence application form to the Bereavement Authority of Ontario for registration as a licensed Cemetery Operator. The Bereavement Authority of Ontario will send you an application form and notice of its due date.
When completing the Cemetery Operator application, you need to include the name and consent of the owner of the land on which the cemetery is situated. You must also provide the name and contact information of the person managing the site as well as the location of your records and storage facility. If you have more than one cemetery site and multiple managers, you will need to list the name and contact information for each one.
Under the FBCSA, you need a Crematorium Operator licence to operate a crematorium.
If you are licensed as a cemetery owner prior to July 1, 2012 and have a crematorium on your cemetery land, you will continue to be licensed to operate your cemetery and crematorium on a transitional basis when the FBCSA comes into effect. However, you will be required to complete and submit application forms for both a Cemetery Operator licence and a Crematorium Operator licence to the Bereavement Authority of Ontario for registration under the new Act. The Bereavement Authority of Ontario will send you an application form and notice of its due date.
If you are interested in operating a crematorium off cemetery property, you’ll need to submit a Crematorium Operator licence application along with the following information:
- Proof that your municipality has approved your plan to build a crematorium. Or, if your crematorium is to be located on government-owned Crown land, you must submit proof of approval from the Ministry of Natural Resources.
- A copy of an environmental compliance approval under Section 9 of the Environmental Protection Act. Contact the Ministry of the Environment for information on how to do this.
- Plans or drawings of the site, building, location of retorts, processing area and body storage area.
Following this, you’ll need to have a set of crematorium by-laws approved by the Registrar. The Registrar will also require proof that you have provisions in place for the proper identification of cremated remains.
In order to offer sales support to a cemetery or crematorium, you need to be licensed as a Sales Representative to Sell Cemetery Supplies and Services or as a Sales Representative to Sell Crematorium Supplies and Services. With these licences an individual is only permitted to sell the supplies or services that his or her employer is authorized to sell.
Anyone employed as a sales representative for a cemetery, crematorium or transfer service operator on June 30, 2012 will be considered a licensed sales representative for that operator once the FBCSA comes into effect. However, this is for transitional purposes only. A licence application form must be submitted to the Bereavement Authority of Ontario.
If you are licensed under the Insurance Act you may continue selling insurance to fund contracts for bereavement supplies and services without having to obtain a separate licence under the FBCSA.
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