This is what our civil litigation lawyers in Toronto know about ‘BAO’. In Ontario, the Bereavement Authority of Ontario (“BAO”) is mandated through the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 (“FBCSA”) to regulate and oversee the funeral, transfer service, cemetery and crematorium sectors.

The BAO regulates and supports licensed funeral establishment operators, directors, transfer service operators, and bereavement sector sales representatives across Ontario. The BAO has broad administrative powers to grant, suspend or revoke licences, or to commence discipline proceedings against individuals and businesses who hold a licence with the BAO.

The main functions of the Bereavement Authority of Ontario can be divided into the following categories:

Registration

All cemeteries, crematoriums, funeral directors, transfer service operations and sales representatives for funeral services must be licensed with the BAO. As such, all applicants must meet the requirements for application found in Ontario’s General Regulation 30/11 under the BAO. Once the BAO is satisfied that all requirements are met, the applicant is granted a license.

Discipline

The FBCSA empowers the BAO to establish a discipline committee, which assesses whether licensees are in breach of any codes of conduct, regulations or requirements as enforced by the BAO. Should the discipline committee determine that there has been a breach, the BAO is able to take administrative action against the party in breach.

Provincial Offences

An individual or business is guilty of an offence when they fail to comply with any section of the FBCSA. To this end, the BOA is empowered to conduct investigations, charge and/or prosecute anyone found in breach of the FBCSA. The relevant charges fall under the Provincial Offences Act, R.S.O. 1990, c. P.33 (“POA”) and upon conviction, they are punishable with up to two years in prison. Common offences under the FBCSA include operating while unregistered and falsifying documents.

At Chand & Co, our lawyers for funeral homes have extensive experience assisting funeral home professionals facing legal proceedings, investigation or regulatory issues with the BAO. Our services include:

• providing legal advice to funeral directors, funeral establishments, cemetery operators and crematorium owners;
• providing legal advice and overseeing the application process for a licence under the FBCSA;
• representing funeral professionals at the License Appeal Tribunal;
• representing funeral professionals before the BAO Discipline Committee; and,
• defending provincial offence charges laid pursuant to the FBCSA and POA.