BAO Jurisprudence Exam cheat sheet

Transfer of a body may occur only after a death certificate or medical certificate of death is completed by a physician or nurse practitioner, except where a coroner has taken jurisdiction.

A body must be transferred in a container that is leak-proof and secured; the licence holder remains responsible for the condition of remains from removal until custody is accepted at the destination.

Written authorization from the person with legal authority to control disposition is required before removal of remains from the place of death.

The order of priority for control of disposition generally runs: executor or estate trustee, then spouse or common-law partner, then adult child, then parent, then sibling, then other next of kin.

A funeral director must disclose a price list before or at the start of arrangements and must provide a written contract itemizing goods and services selected.

Embalming is not legally mandatory in Ontario; it may be required only when remains will be transported by common carrier, held for viewing, or where public health rules apply.

Unclaimed remains must be held for a prescribed period and reasonable efforts made to locate the person with authority before disposition proceeds.

Records of each transfer, including date, time, receiving party, and authorizing individual, must be kept and produced on request of an inspector.

Licensees may not accept remuneration from a third party, such as a crematorium or casket supplier, without disclosing the payment to the consumer in writing.

A crematorium may not cremate human remains until it receives a completed cremation certificate and written authorization from the person with authority to control disposition.

Remains must be identified and matched to the cremation certificate by two identifiers before introduction into the retort; the identification check is documented.

A pacemaker or other implanted device that could explode must be removed before cremation, and the removal must be recorded.

Cremated remains must be returned in a container labelled with the name of the deceased and the date of cremation, and a record of release must be kept.

Cremation may not begin until the prescribed waiting period has elapsed after death, unless a coroner or medical officer of health authorizes earlier cremation.

Cemetery operators must maintain a register of interments recording the location of each lot, grave, or niche and the identity of the person interred.

Cemetery by-laws must be filed and made available for inspection, and they govern lot use, monument installation, and maintenance fees.

Care and maintenance funds must be held in trust and used only for the care and maintenance of the cemetery, not for general operating expenses.

Interment rights are a distinct interest from the land itself; the holder of interment rights does not own the underlying soil.

Alkaline hydrolysis and natural organic reduction are disposition methods distinct from cremation and burial; each requires the same written authorization and identification safeguards as cremation.

Scattering of cremated remains on Crown land or private property requires the permission of the landowner or managing authority; scattering is not permitted where it creates a public nuisance.

Bereavement services such as grief counselling, memorial facilitation, and celebrant services are consumer services and fall under the same disclosure and contract rules as funeral services.

A provider offering transfer services only, without arrangement or disposition, must still hold the appropriate licence and keep transfer records.

Disposition of remains outside Ontario requires compliance with both Ontario authorization rules and the receiving jurisdiction's requirements.

Where no person with authority to control disposition can be located, the licensee must document the search and follow the prescribed process before disposition.

Prepaid or prearranged contracts must be funded and held in trust as required by regulation, and the consumer must receive a written statement of the trust arrangement.

A licensee must not perform a disposition method for which the establishment is not licensed or equipped, and must refer the family to a licensed provider.

Licensees must provide a written contract that states the total price, itemizes goods and services, and discloses any disbursements or third-party charges.

A consumer may cancel a prearranged contract within the prescribed cooling-off period and receive a refund of amounts paid, subject to permitted deductions.

Misrepresentation of price, quality, or legal requirement is prohibited; stating that embalming or a vault is legally required when it is not is a prohibited practice.

Licensees must not exploit a consumer's grief or vulnerability, and must not solicit at a hospital, hospice, or place of death without invitation.

Personal information collected from a consumer may be used only for the purpose disclosed, and must be safeguarded and disclosed to third parties only with consent or as required by law.

Conflicts of interest, including ownership interests in a supplier or crematorium, must be disclosed in writing to the consumer.

Complaints must be documented and retained, and a licensee must cooperate with an inspector or investigator, including producing records on demand.

Advertising must not be false or misleading, and price advertising must state whether the price includes transfer, sheltering, and disposition.

The Bereavement Authority of Ontario administers the Funeral, Burial and Cremation Services Act, 2002 and its regulations, and licenses funeral establishments, transfer services, cemeteries, crematoriums, and operators.

Licences are issued for a defined term and are subject to conditions; operating without a licence or outside licence conditions is an offence.

The registrar may refuse, suspend, or revoke a licence, or impose conditions, and the licensee may request a hearing before the Licence Appeal Tribunal.

Inspectors have authority to enter premises, inspect records, and seize evidence, and obstruction of an inspector is an offence.

The Act sets out the order of priority for control of disposition and the process for disputes among persons with equal priority.

Regulations prescribe forms and records, including the cremation certificate, the burial permit, and the statement of death.

A burial permit issued by the local municipality is required before interment or cremation, in addition to the cremation certificate.

Penalties for contravention include fines and imprisonment, and directors or officers may be personally liable for corporate offences.

Transfer service licence holders may remove remains but may not arrange or direct a disposition unless separately licensed as a funeral establishment.

A body must be transferred in a container that is leak-proof and secured; the licence holder remains responsible for the condition of remains from removal until custody is accepted at the destination.

Written authorization from the person with legal authority to control disposition is required before removal of remains from the place of death.

The order of priority for control of disposition generally runs: executor or estate trustee, then spouse or common-law partner, then adult child, then parent, then sibling, then other next of kin.

A funeral director must disclose a price list before or at the start of arrangements and must provide a written contract itemizing goods and services selected.

Embalming is not legally mandatory in Ontario; it may be required only when remains will be transported by common carrier, held for viewing, or where public health rules apply.

Unclaimed remains must be held for a prescribed period and reasonable efforts made to locate the person with authority before disposition proceeds.

Records of each transfer, including date, time, receiving party, and authorizing individual, must be kept and produced on request of an inspector.

Licensees may not accept remuneration from a third party, such as a crematorium or casket supplier, without disclosing the payment to the consumer in writing.

A crematorium may not cremate human remains until it receives a completed cremation certificate and written authorization from the person with authority to control disposition.

Remains must be identified and matched to the cremation certificate by two identifiers before introduction into the retort; the identification check is documented.

A pacemaker or other implanted device that could explode must be removed before cremation, and the removal must be recorded.

Cremated remains must be returned in a container labelled with the name of the deceased and the date of cremation, and a record of release must be kept.

Cremation may not begin until the prescribed waiting period has elapsed after death, unless a coroner or medical officer of health authorizes earlier cremation.

Cemetery operators must maintain a register of interments recording the location of each lot, grave, or niche and the identity of the person interred.

Cemetery by-laws must be filed and made available for inspection, and they govern lot use, monument installation, and maintenance fees.

Care and maintenance funds must be held in trust and used only for the care and maintenance of the cemetery, not for general operating expenses.

Interment rights are a distinct interest from the land itself; the holder of interment rights does not own the underlying soil.

Alkaline hydrolysis and natural organic reduction are disposition methods distinct from cremation and burial; each requires the same written authorization and identification safeguards as cremation.

Scattering of cremated remains on Crown land or private property requires the permission of the landowner or managing authority; scattering is not permitted where it creates a public nuisance.

Bereavement services such as grief counselling, memorial facilitation, and celebrant services are consumer services and fall under the same disclosure and contract rules as funeral services.

A provider offering transfer services only, without arrangement or disposition, must still hold the appropriate licence and keep transfer records.

Disposition of remains outside Ontario requires compliance with both Ontario authorization rules and the receiving jurisdiction's requirements.

Where no person with authority to control disposition can be located, the licensee must document the search and follow the prescribed process before disposition.

Prepaid or prearranged contracts must be funded and held in trust as required by regulation, and the consumer must receive a written statement of the trust arrangement.

A licensee must not perform a disposition method for which the establishment is not licensed or equipped, and must refer the family to a licensed provider.

Licensees must provide a written contract that states the total price, itemizes goods and services, and discloses any disbursements or third-party charges.

A consumer may cancel a prearranged contract within the prescribed cooling-off period and receive a refund of amounts paid, subject to permitted deductions.

Misrepresentation of price, quality, or legal requirement is prohibited; stating that embalming or a vault is legally required when it is not is a prohibited practice.

Licensees must not exploit a consumer's grief or vulnerability, and must not solicit at a hospital, hospice, or place of death without invitation.

Personal information collected from a consumer may be used only for the purpose disclosed, and must be safeguarded and disclosed to third parties only with consent or as required by law.

Conflicts of interest, including ownership interests in a supplier or crematorium, must be disclosed in writing to the consumer.

Complaints must be documented and retained, and a licensee must cooperate with an inspector or investigator, including producing records on demand.

Advertising must not be false or misleading, and price advertising must state whether the price includes transfer, sheltering, and disposition.

The Bereavement Authority of Ontario administers the Funeral, Burial and Cremation Services Act, 2002 and its regulations, and licenses funeral establishments, transfer services, cemeteries, crematoriums, and operators.

Licences are issued for a defined term and are subject to conditions; operating without a licence or outside licence conditions is an offence.

The registrar may refuse, suspend, or revoke a licence, or impose conditions, and the licensee may request a hearing before the Licence Appeal Tribunal.

Inspectors have authority to enter premises, inspect records, and seize evidence, and obstruction of an inspector is an offence.

The Act sets out the order of priority for control of disposition and the process for disputes among persons with equal priority.

Regulations prescribe forms and records, including the cremation certificate, the burial permit, and the statement of death.

A burial permit issued by the local municipality is required before interment or cremation, in addition to the cremation certificate.

Penalties for contravention include fines and imprisonment, and directors or officers may be personally liable for corporate offences.