The Anglican Diocese of Niagara has been given the green light to reopen its cemeteries and resume selling burial services, following a five-month suspension due to financial compliance issues. This development comes after the diocese addressed concerns raised by the Bereavement Authority of Ontario (BAO) regarding the management of its Care and Maintenance Funds.
On July 25, 2024, the Registrar of the Funeral Burial and Cremation Services Act, 2002 issued a Cease and Desist Order to the Anglican Diocese of Niagara. This order prohibited the diocese from: offering or selling licensed supplies and services; and selling burial services to licensed funeral establishment operators, crematorium operators, and the public.
The primary reason for this suspension was the diocese’s improper handling of its Care and Maintenance Funds, the BAO order stated. Specifically, it found that the diocese had invested these funds with an ineligible depository and mingled the trust fund with other investments
Care and Maintenance Funds are crucial for the long-term upkeep of cemeteries, the BAO states as the trust funds are designed to cover maintenance costs after a cemetery has stopped making sales. Cemetery operators are required to contribute to these funds from the sale of various burial rights, including in-ground graves, crypts, tombs, niches, and scattering rights.
The Act stipulates specific contribution requirements, typically either a percentage of the item’s price or a set dollar amount, whichever is greater.
As of 11 Dec 2024, the diocese has been released from the Registrar’s Cease and Desist Order after it successfully addressed the compliance issues raised by the BAO, particularly concerning reporting requirements and the proper management of the Care and Maintenance Fund/Account.
The diocese is now permitted to resume its cemetery services. However, the order did not affect previously arranged or prepaid interments, which were allowed to continue during the suspension period.
