What takes priority if there is a conflict between this Act and the Ontario Heritage Act?

• A. Ontario Heritage Act takes priority.
• B. Both Acts share equal priority; court decides.
• C. The municipal by-law governs.
• D. This Act takes priority over the Ontario Heritage Act.

Answer: (D)

When a statute explicitly says it prevails in the event of a conflict with another Act, that directive governs. This Act includes a provision stating that it takes priority over the Ontario Heritage Act, so its rules, powers, and decisions apply instead of heritage provisions in areas within this Act’s scope. In practice, this means cemetery and funeral services matters are regulated by this Act even if the Heritage Act could raise related issues. The Heritage Act still holds relevance in its own domain, but the explicit priority clause resolves any overlap in favor of this Act.