BAO Jurisprudence Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Transfer service licence

A licence authorizing removal and transportation of human remains. In Ontario it does not by itself permit arranging or directing a disposition, which requires a funeral establishment licence.

Control of disposition priority

The statutory ranking determining who may authorize disposition: estate trustee, spouse or common-law partner, adult child, parent, sibling, then other next of kin.

Written authorization to transfer

A signed document from the person with lawful authority permitting removal of remains from the place of death. Required before the transfer begins.

Itemized price list

A written schedule of goods and services and their prices that a funeral provider must give consumers before arrangements begin, enabling comparison and informed choice.

Embalming requirement

Embalming is not generally mandatory in Ontario. It may be necessary for transport by common carrier, extended viewing, or where public health requirements apply.

Cremation certificate

A prescribed form completed and signed by the person with authority to control disposition and by the crematorium, authorizing cremation of identified remains.

Two-identifier verification

A documented check confirming the identity of remains against the cremation certificate using two identifiers before the container enters the retort.

Implant removal before cremation

Pacemakers and other explosive or hazardous implanted devices must be removed and the removal recorded before remains are introduced into the retort.

Register of interments

A permanent cemetery record listing each interment, the identity of the deceased, and the precise lot, grave, or niche location.

Care and maintenance fund

Money held in trust by a cemetery operator, restricted to the care and maintenance of cemetery grounds, and unavailable for general operating expenses.

Interment rights

The right to bury or inter remains in a specified lot, grave, or niche. It is a distinct interest and does not convey ownership of the soil.

Cremated remains container label

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

Cemetery by-laws

Rules adopted by a cemetery operator governing lot use, monuments, maintenance fees, and conduct. They must be filed and available for inspection.

Cremation waiting period

A prescribed interval that must elapse after death before cremation may begin, unless a coroner or medical officer of health authorizes earlier cremation.

Alkaline hydrolysis

A disposition method using water and alkali to reduce remains. It is distinct from cremation and requires the same authorization and identification safeguards.

Natural organic reduction

A disposition method converting remains into soil-like material through controlled microbial breakdown. It requires written authorization and identification verification like cremation.

Scattering permission

Scattering cremated remains on Crown land or private property requires the landowner's or managing authority's consent, and must not create a public nuisance.

Bereavement service disclosure

Grief counselling, celebrant, and memorial facilitation services are consumer services subject to the same contract, price disclosure, and cancellation rules as funeral services.

Out-of-province disposition

Transporting remains for disposition outside Ontario requires Ontario authorization plus compliance with the receiving jurisdiction's permits, transport, and disposition rules.

Prearranged contract trust

Money paid under a prepaid funeral or disposition contract must be held in trust as regulation requires, and the consumer receives a written trust statement.

Unlocatable decision-maker

When no person with authority to control disposition can be found, the licensee documents the search and follows the prescribed process before disposition.

Cooling-off cancellation

A consumer's right to cancel a prearranged contract within a prescribed period after signing and recover amounts paid, subject to permitted deductions.

Prohibited misrepresentation

Stating that embalming, a vault, or another optional item is legally required when it is not is a prohibited deceptive practice.

Third-party remuneration disclosure

A licensee receiving payment or benefit from a supplier, crematorium, or other third party must disclose that payment to the consumer in writing.

Solicitation restriction

Licensees may not solicit business at hospitals, hospices, or places of death without invitation, nor exploit a consumer's grief or vulnerability.

Consumer personal information

Information collected from a consumer may be used only for the disclosed purpose, must be safeguarded, and shared only with consent or as law requires.

Price advertising rule

Funeral advertising must not be misleading and must state whether the advertised price includes transfer, sheltering, and disposition of remains.

Bereavement Authority of Ontario

The regulator administering the Funeral, Burial and Cremation Services Act, 2002, licensing funeral establishments, transfer services, cemeteries, crematoriums, and operators.

Licence Appeal Tribunal

An independent tribunal that hears a licensee's appeal of a registrar's proposal to refuse, suspend, revoke, or impose conditions on a licence.

Inspector powers

Inspectors may enter premises, examine and copy records, and seize evidence. Obstructing an inspector is an offence under the Act.

Burial permit

A permit issued by the local municipality that must be obtained before interment or cremation, in addition to the cremation certificate.

Director liability

Directors and officers of a corporation may be personally liable for offences committed by the corporation under the governing funeral services legislation.