The Act's priority over the Ontario Heritage Act when conflicts arise is which statement?

• A. This Act takes priority over the Ontario Heritage Act.
• B. The Ontario Heritage Act takes priority.
• C. Priority is determined by a court on a case-by-case basis.
• D. They both have equal standing with no priority.

Answer: (A)

When two Acts touch on the same area, the legislature can set a rule that one Act takes priority in case of a conflict. This Act contains an express provision stating that it takes priority over the Ontario Heritage Act when there’s a conflict. So, in situations where both Acts could apply but their provisions clash, the Cemetery and Funeral Services Act governs. This lets cemetery and funeral service matters proceed according to its requirements even if heritage rules would otherwise apply, as long as there isn’t a non-overlapping heritage protection reason to defer. If there were no explicit priority clause, a court might have to weigh the statutes and interpret them case by case, but the clear legislative statement here is that this Act prevails.