When the Registrar Takes Action
Operating a cemetery, crematorium, funeral establishment or transfer service requires a licence (FBCSA, ss. 4(1), 6(1), 8(1), 12(1)). The Bereavement Authority of Ontario administers the licensing system, and its Registrar decides on licences, complaints and proposals.
Recent amendments. 2025 amendments changed the complaint and investigation provisions, which are in force. They also add an administrative penalty regime (Part IX.1) that was not yet in force when this page was checked.
Who Decides
- Registrar
- Issues and renews licences, may attach conditions, and may propose refusal, suspension or revocation (FBCSA, ss. 16–18).
- Licence Appeal Tribunal
- Hears proposals if you request a hearing (s. 1, “Tribunal”; s. 18).
- Discipline and appeal committees
- Hear alleged code of ethics breaches (ss. 63–64).
Grounds
An applicant is entitled to a licence unless, for example, it is in contravention of the Act, past conduct suggests it will not carry on business lawfully and with integrity and honesty, it made a false statement, or, for operators, the applicant or managing employees lack the required integrity, honesty, experience and competence, or the operation creates a risk to public health, safety or decency (s. 14(1)). The Registrar may refuse to renew, suspend or revoke a licence on the same basis or for breach of a licence condition (s. 17(2)).
Cemeteries are different: the Registrar cannot suspend or revoke a cemetery licence unless a manager has been appointed to operate the cemetery instead (s. 17(3)).
What Can Happen Next
-
Complaint
The Registrar may receive complaints, make inquiries and request information, which you must provide (FBCSA, s. 66(1)–(3)). The Registrar may issue a written warning, require educational programs, refer the matter to a discipline committee, or start a proposal (s. 66(4)).
-
Notice of Proposal
Deadline
You are entitled to a hearing by the Licence Appeal Tribunal if you mail or deliver a written request to the Registrar and the Tribunal within 15 days after service of the notice (s. 18(2)). A request sent by registered mail is deemed served on the third day after mailing (s. 20(2)). If you do not request a hearing, the Registrar may carry out the proposal (s. 18(4)).
-
Temporary suspension
The Registrar may temporarily suspend a licence immediately when proposing suspension or revocation, if it is in the public interest (s. 19(1)–(2)). If you request a hearing, the order expires 15 days after the Tribunal receives the request unless the hearing starts in that time and is extended (s. 19(3)).
-
Discipline
A discipline committee can order educational programs, a fine of up to $25,000, and costs (s. 64(2)). A party may appeal to an appeal committee (s. 64(3)–(4)). Decisions are made public as prescribed (s. 64(5)).
-
After the Tribunal
A Tribunal order takes effect immediately even if appealed to the court, but the Tribunal may grant a stay (s. 18(7)).
Checklist
Documents to gather
- The notice and proof of service
- Contracts, price lists and records for the families involved
- Trust account and care and maintenance fund records, where relevant
- Staff licences and training records
- Inspection reports and correspondence with the Registrar
Frequently Asked Questions
Can a cemetery lose its licence immediately?
The Registrar cannot suspend or revoke a cemetery licence unless the Director has appointed a manager to operate the cemetery (s. 17(3)).
Are administrative penalties possible?
The 2025 amendments add administrative penalties of up to $25,000, but that Part was not yet in force when this page was checked.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.