2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND SOLICITOR GENERAL
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"administrative authority" means the Business Practices and Consumer Protection Authority established under the Business Practices and Consumer Protection Authority Act;
"bereavement rites and ceremonies" means services for a deceased individual, whether or not the services are associated with the interment or cremation of the individual;
"care fund" means a fund for the care and maintenance of a place of interment;
"cemetery" means land that is set apart or used as a place of burial of human remains or cremated remains and includes any incidental or ancillary buildings on the land;
"cemetery services" means the operation of a place of interment or crematorium and the disposition of human remains by interment or cremation and includes the supply of goods incidental to and as a part of interment or cremation, but does not include the sale of rights of interment;
"certificate of public interest" means a certificate issued under this Act designating land as land in respect of which rights of interment may be granted;
"columbarium" means a structure or building or an area in a structure or building that contains, as an integral part of the structure or building or as free standing sections, niches for the inurnment of cremated remains;
"compliance order" means an order issued by an inspector under section 56 (2) (c);
"cremated remains" means human bone fragments left after human remains are cremated;
"crematorium" means a building or a part of a building used for the purpose of cremating human remains and includes appliances and other equipment incidental or ancillary to that purpose;
"director" means a director under the Business Practices and Consumer Protection Act;
"disinterment" means the removal, for the purpose of permanent relocation, of
(a) human remains, and
(b) the container, or any of the remaining container, holding the human remains,
from the lot in which the human remains are interred;
"embalmer" means an individual who, prior to the disposition of human remains, engages in the disinfection, preservation, preparation or restoration of the human remains;
"exhumation" means the exposure and removal of interred human remains for the purposes of viewing or examination;
"funeral contract" means a contract that provides for funeral services for
(a) an infant who is stillborn, or
(b) a person who is deceased
at the time the contract is entered into;
"funeral director" means an individual who, in the course of business, does any of the following:
(a) negotiates or enters into funeral contracts;
(b) arranges, conducts or directs bereavement rites and ceremonies;
(c) arranges for the interment or cremation of human remains;
(d) transfers human remains or directs or supervises the transfer of human remains;
(e) cares for or prepares human remains prior to disposition, other than the disinfecting, preservation or restoration of human remains;
"funeral provider" means a person who carries on the business of providing funeral services;
"funeral services" means
(a) arrangements and services related to the interment or cremation of human remains,
(b) care and preparation of human remains for purposes related to paragraph (a),
(c) bereavement rites and ceremonies, and
(d) the supply of goods incidental to and as part of the arrangements, services, care, preparation and bereavement rites and ceremonies referred to in paragraphs (a) to (c),
but does not include the sale of rights of interment or the disposition of human remains by interment or cremation;
"human remains" means
(a) a dead human body in any stage of decomposition, or
(b) a body of a stillborn infant in any stage of decomposition,
but does not include cremated remains;
"inspector" means the director or a person designated as an inspector under section 176 of the Business Practices and Consumer Protection Act;
"interment" means disposition by
(a) burial of human remains or cremated remains,
(b) entombment of human remains, or
(c) inurnment of cremated remains;
"interment right holder" means a person who owns a right of interment;
"licence" means a licence issued under section 55 (2);
"local government" means the council of a municipality, the board of a regional district, and the board of trustees of an improvement district;
"lot" means a space that is
(a) in a place of interment, and
(b) used or intended to be used for the interment of human remains or cremated remains under a right of interment
and includes a grave, crypt, niche or plot;
"mausoleum" means a structure or building that contains
(a) interior or exterior crypts designed for the entombment of human remains, or
(b) both interior or exterior crypts designed for the entombment of human remains and niches for the inurnment of cremated remains;
"memorial" means
(a) a tombstone, monument, plaque or other marker on a grave or plot, or
(b) an inscription or ornamentation on a crypt or niche front,
used to identify a lot or memorialize a deceased person or stillborn child;
"memorial dealer" means a person who
(a) offers for sale or sells memorials to the public, or
(b) makes memorials that are offered for sale or sold to the public,
but does not provide funeral services or cemetery services;
"operator" means a person or a board of trustees that owns or operates a place of interment or a crematorium;
"place of interment" means a cemetery, mausoleum or columbarium;
"preneed cemetery or funeral services contract" means a contract that provides for cemetery or funeral services for one or more persons who are alive at the time the contract is entered into;
"register" means to register under the Land Title Act;
"right of interment" means a right, in perpetuity, for the interment of human remains or cremated remains, in a lot;
"stillborn infant" means a product of conception that underwent a stillbirth, as defined in the Vital Statistics Act;
"undertaking" means a written undertaking from a person accepted by the director under section 56 (2) (b).
2 (1) Unless a contrary intention appears in this Act, if this Act imposes a duty or prohibition on an operator or a funeral provider, the duty or prohibition applies, as the context requires, to every director, officer, employee and agent of that operator or funeral provider.
(2) Subsection (1) does not apply to section 55 and subsections (3) and (4) of this section.
(3) An operator is responsible for ensuring that the place of interment or crematorium is operated in accordance with this Act and the regulations under this Act.
(4) A funeral provider is responsible for ensuring that the provision of funeral services by or on behalf of the funeral provider is in accordance with this Act and the regulations under this Act.
3 An operator and a funeral provider must maintain records of a prescribed category in accordance with requirements established by regulation.
Part 3 -- Disposition of Human Remains and Cremated Remains
4 Subject to the regulations, a person must not dispose of human remains at any place in British Columbia other than
(a) by interment in or on land against which there is a certificate of public interest registered,
(b) by cremation in a crematorium, or
(c) by interment in or on crown land that is reserved under the Land Act for interment purposes.
5 (1) Subject to this section and section 8 (3) (b) (i) [requirement for authorization before funeral services or disposition], the right of a person to control the disposition of the human remains or cremated remains vests in, and devolves on, the following persons in order of priority:
(a) the personal representative named in the will of the deceased;
(b) the spouse of the deceased;
(c) an adult child of the deceased;
(d) an adult grandchild of the deceased;
(e) if the deceased was a minor, a person who was a legal guardian of the person of the deceased at the date of death;
(f) a parent of the deceased;
(g) an adult sibling of the deceased;
(h) an adult nephew or niece of the deceased;
(i) an adult next of kin of the deceased, determined on the basis provided by sections 89 and 90 of the Estate Administration Act;
(j) the minister under the Employment and Assistance Act or, if the official administrator under the Estate Administration Act is administering the estate of the deceased under that Act, the official administrator;
(k) an adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs (b) to (d) and (f) to (i).
(2) If the person at the top of the order of priority set out in subsection (1) is unavailable or unwilling to give instructions, the right to give instructions passes to the person who is next in priority.
(3) If, under subsection (1), the right to control the disposition of human remains or cremated remains passes to persons of equal rank, the order of priority
(a) is determined in accordance with an agreement between or among them, or
(b) in the absence of an agreement referred to in paragraph (a), begins with the eldest of the persons and descends in order of age.
(4) A person claiming that he or she should be given the sole right to control the disposition of the human remains or cremated remains may apply to the Supreme Court for an order regarding that right.
(5) When hearing an application under subsection (4), the Supreme Court must have regard to the rights of all persons having an interest and, without limitation, give consideration to
(a) the feelings of those related to, or associated with, the deceased, giving particular regard to the spouse of the deceased,
(b) the rules, practice and beliefs respecting disposition of human remains and cremated remains followed or held by people of the religious faith of the deceased,
(c) any reasonable directions given by the deceased respecting the disposition of his or her human remains or cremated remains, and
(d) whether the dispute that is the subject of the application involves family hostility or a capricious change of mind respecting the disposition of the human remains or cremated remains.
(6) Despite subsections (1) to (3), if the Supreme Court makes an order in favour of a person who has applied to it under subsection (4), that person is deemed to be at the top of the order of priority set out in subsection (1).
6 A written preference by a deceased person respecting the disposition of his or her human remains or cremated remains is binding on the person who under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of those remains if
(a) the preference is stated in a will or preneed cemetery or funeral services contract,
(b) compliance with the preference is consistent with the Human Tissue Gift Act, and
(c) compliance with the preference would not be unreasonable or impracticable or cause hardship.
7 (1) This section does not apply to a transplant of human remains into another person under the Human Tissue Gift Act.
(2) The recipient of human remains that have been made available for therapeutic purposes or for medical, education or scientific research under the Human Tissue Gift Act must arrange for the interment or cremation of those remains
(a) within a reasonable time after they are no longer required by the recipient, and
(b) insofar as possible, in accordance with any express oral or written directions made by
(i) the deceased whose human remains have been made available, or
(ii) if the deceased did not give directions, the person who, under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of the human remains.
8 (1) A funeral provider must not provide funeral services unless the funeral provider has received written authorization from the person who, under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of the human remains.
(2) Despite subsection (1), a funeral provider may accept an authorization by telephone to begin funeral services if the funeral provider does not dispose of the human remains until the funeral provider receives the written authorization required by subsection (1).
(3) An operator of a cemetery, mausoleum and crematorium must not dispose of human remains unless
(a) the operator is authorized to do so under the Vital Statistics Act, and
(b) the operator
(i) is ordered to do so by a medical health officer under the Health Act, or
(ii) has received the authorization from the person who, under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of the human remains.
9 If
(a) there is an error or omission in an authorization provided under section 8 [requirement for authorization before funeral services or disposition] to an operator or a funeral provider, or
(b) the person who signed an authorization provided under section 8 [requirement for authorization before funeral services or disposition] did not have the authority to give the directions set out in the authorization,
the operator or funeral provider is not liable for acting on the authorization unless the operator or funeral provider knew, or ought to have known, that the facts stated in the authorization were not true or the person giving the authorization did not have the authority to do so.
10 Before human remains are cremated, a funeral provider, or an operator of a crematorium to which human remains have been brought, may require visual identification of the human remains
(a) by the person providing authorization under section 8 [requirement for authorization before funeral services or disposition] for the disposition of the human remains, or
(b) by another person who is qualified to identify the human remains.
11 Unless permitted by the regulations, a funeral provider and an operator must not refuse to accept or handle a container to enclose human remains that
(a) is supplied by a person other than the operator and the funeral provider, and
(b) meets the requirements of the regulations and the Health Act regulations.
12 A person must not present human remains for cremation unless the remains are enclosed in a container that
(a) is of sufficient strength to hold and conveniently transfer the remains,
(b) prevents the remains from posing a health hazard, and
(c) meets the requirements set out in the regulations.
13 (1) An operator of a crematorium must not cremate human remains within 48 hours after the time of death unless the operator is ordered to do so by a medical health officer under the Health Act.
(2) Subject to section 8 [requirements for authorization before funeral services or disposition], subsection (1) of this section and the regulations, an operator of a crematorium must cremate, as soon as practicable, human remains that the operator is responsible for cremating.
14 A person must not offer for sale, or sell, an arrangement for the preservation or storage of human remains that is based on
(a) cryonics,
(b) irradiation, or
(c) any other means of preservation or storage, by whatever name called,
and that is offered, or sold, on the expectation of the resuscitation of human remains at a future time.
15 (1) In this section, "provider" means
(a) an operator,
(b) a funeral provider,
(c) a memorial dealer,
(d) a society established for the purpose of making available funeral services or cemetery services or both to its members, or
(e) an insurer who enters into contracts of life insurance under Part 3 of the Insurance Act.
(2) Subject to subsection (3), a provider acting in his or her professional capacity or a person acting for the purpose of aiding a provider in obtaining business must not pay or offer to pay, directly or indirectly, a commission, bonus, rebate or other valuable consideration for a person doing any of the following:
(a) recommending that human remains be, or causing human remains to be,
(i) directed to a particular funeral provider, or
(ii) disposed of at a particular cemetery, mausoleum or crematorium;
(b) providing information respecting
(i) residents of a community care facility as defined in the Community Care Facility Act, or
(ii) patients of a hospital regulated by the Hospital Act.
(3) Subsection (2) (a) does not prohibit or restrict
(a) the use of sales literature or other advertising media, or
(b) the ordinary business relationships between providers.
Part 4 -- Exhumation, Disinterment and Removal
of Human Remains
16 (1) In this section, "health region" means a region designated under section 4 of the Health Authorities Act.
(2) Subject to this Part, an operator of a cemetery or mausoleum must not exhume or disinter human remains from the cemetery or mausoleum until
(a) the operator receives a written request to do so from the person who, under section 5 [control of disposition of human remains and cremated remains], has the right to control the disposition of the remains,
(b) a director approves the exhumation or disinterment, and
(c) if the human remains are those of a person who, at the time of death, was known to have had an infectious or contagious disease or other disease dangerous to public health, the operator gives written notice to and receives permission from a medical health officer for the area of the health region in which the cemetery or mausoleum is located.
(3) An operator of a cemetery or mausoleum may apply to a director for approval to exhume or disinter human remains by submitting
(a) the information required by the director, in the form and manner required by the director, and
(b) the fee required by the regulations.
(4) Subsection (2) (a) and (b) does not apply if human remains are to be exhumed or disinterred
(a) on the authority of an order of a court, or
(b) under the Coroners Act.
(5) Subsection (2) (b) does not apply if human remains are to be disinterred from one lot and interred in another lot in the same cemetery or mausoleum.
17 An operator or a funeral provider may transport or permit others to transport human remains after exhumation or disinterment only if the human remains are transported in accordance with the regulations.
18 Unless human remains are disinterred from one lot in a cemetery or mausoleum for re-interment into another lot in the same cemetery or mausoleum, the person who makes a request for the exhumation or disinterment must ensure that a funeral provider receives the human remains immediately after the lot is opened.
19 (1) Subject to subsection (2), a person must not move human remains, or any part of human remains, from the place they are held except
(a) in accordance with this Act, the Vital Statistics Act, the Human Tissue Gift Act, the Coroners Act, the Health Act and regulations under those Acts,
(b) for the purposes of research or teaching at
(i) a museum in the province, or
(ii) a department of a university or college, or
(c) for re-interment, if the museum or department referred to in paragraph (b), no longer needs the human remains for research or teaching.
(2) A person must not disinter or remove human remains, or any part of human remains, from the place they are interred unless the disinterment or removal is in accordance with
(a) this Act, the Coroners Act and the regulations under those Acts, or
(b) a permit or an order under the Heritage Conservation Act.
20 (1) A person claiming an interest in an exhumation or a disinterment may apply to the Supreme Court for an order to allow or restrain the exhumation or disinterment.
(2) When hearing an application under subsection (1), the Supreme Court must have regard to the rights of all persons having an interest and, without limitation, must consider
(a) the feelings of those related to or associated with the deceased, with particular regard to the feelings of the spouse of the deceased,
(b) the rules, practice and beliefs respecting exhumation and disinterment followed or held by people of the religious faith of the deceased if the cemetery or mausoleum in which the deceased is interred is operated by a religious denomination or religious corporation,
(c) any terms and conditions respecting exhumation or disinterment contained in a contract for the interment of the deceased,
(d) any reasonable directions given by the deceased respecting interment, and
(e) whether the request for exhumation or disinterment involves family hostility or a capricious change of mind respecting the exhumation or disinterment of the deceased.
Part 5 -- Establishment and Enlargement of Places of Interment
21 In this Part, "designated area" means the area within a municipality or a regional district.
22 This Part does not apply to Crown land as defined in the Land Act.
23 Unless a notice of a certificate of public interest in relation to land is registered in the Land Title Office, a person must not
(a) establish a place of interment on the land, or
(b) enlarge the area of land being used as a cemetery or housing a mausoleum or columbarium.
24 (1) A person may apply to a director for a certificate of public interest or for an amendment to a certificate of public interest by submitting
(a) the information required by the director, in the form and manner required by the director, and
(b) the information, fees and other payments required by the regulations for a new application or an amendment, as the case may be.
(2) A director may
(a) issue, amend and cancel a certificate of public interest, and
(b) impose, amend and rescind conditions relating to a certificate of public interest.
(3) For the purposes of issuing a certificate of public interest under subsection (2), if land is within a designated area, a director may consider only whether the physical characteristics of the land make the land suited to be a place of interment in perpetuity.
(4) If land is within a designated area, a director may issue a certificate of public interest under subsection (2) only if the director has received a document
(a) that is executed on behalf of
(i) the municipal council, if the land is within a municipality,
(ii) the regional board, if the land is within an electoral area of a regional district, or
(iii) the local trust committee, if the land is within a local trust area as defined in the Islands Trust Act, and
(b) in which the municipal council, the regional board or the local trust committee, as the case may be, confirms that the proposed use is permitted by its bylaws.
(5) For the purposes of subsection (2), if land is not within a designated area, a director
(a) may consider all matters that in the opinion of the director are relevant, and
(b) must consider whether the physical characteristics of the land make the land suited to be a place of interment in perpetuity.
(6) Before a director makes a decision under subsection (2), the director must give the person operating or proposing to operate a place of interment on the land an opportunity to be heard.
(7) The person who has been given an opportunity to be heard under subsection (6) may request the director to reconsider the decision in accordance with section 60.
25 (1) If a director issues a certificate of public interest under section 24 (2) [application for certificate of public interest], the director must file in the Land Title Office a notice of the certificate of public interest that
(a) is signed by the director,
(b) sets out a description of the land to which the certificate relates, and all other prescribed information, and
(c) has a copy of the certificate of public interest attached.
(2) If a director cancels or amends a certificate of public interest, the director must file a notice of the cancellation or amendment in the Land Title Office where the notice of the certificate of public interest is registered.
(3) The registrar under the Land Title Act must register a notice filed under this section against the land described in the notice.
Part 6 -- Use or Transfer of Ownership or Interest in
a Place of Interment
26 (1) An operator may use a place of interment only
(a) in accordance with the conditions of the certificate of public interest and any conditions as may be set by a director under this section, and
(b) for a purpose that is associated with, or incidental to, the care and disposition of human remains or cremated remains, or if a director approves a different purpose, in accordance with that approved purpose.
(2) A director may approve a place of interment being used for a purpose that is not associated with, or incidental to, the care and disposition of human remains or cremated remains, and set conditions on that approval that must be met by the operator.
27 (1) In this section:
"applicant" means a person who submits an application under subsection (4);
"owner" includes a creditor who has the legal authority to exercise a remedy of seizure, sale, foreclosure or cancellation of an agreement for sale of lands on which a place of interment is located.
(2) An owner of a place of interment may do the following, in relation to the land on which the place of interment is situated, only with a director's permission:
(a) transfer ownership of, or an interest in, the land or otherwise encumber the land;
(b) file an application to register a charge against the land.
(3) Subsection (2) does not apply to the sale of rights of interment.
(4) To apply for permission under subsection (2), the owner must submit to a director
(a) the information required by the director, in the form and manner required by the director, and
(b) the information, fees and other payments required by the regulations.
(5) Subject to this section, a director may
(a) permit an applicant to transfer ownership of, or an interest in, the land or otherwise encumber the land,
(b) impose conditions in respect of the permission, and
(c) amend or revoke conditions imposed under paragraph (b).
(6) Before a director makes a decision under subsection (5), the director must give the applicant an opportunity to be heard.
(7) A director must provide an applicant with written reasons if the director refuses permission or the director imposes conditions to the permission under subsection (5).
(8) After receiving written reasons under subsection (7), an applicant may request the director to reconsider his or her decision in accordance with section 60.
28 (1) A director may order an operator of a place of interment to establish a care fund in respect of the place of interment on terms and conditions specified by the director.
(2) A director may vary, by order, the terms and conditions in an order establishing a care fund.
(3) Subject to the regulations, if an operator of a place of interment has established a care fund for the place of interment, the operator, and all subsequent operators, must make deposits to the care fund in the prescribed amounts.
(4) If a director has ordered an operator to establish a care fund, all funds that the operator is required to place in the care fund must be kept separate and apart.
(5) If a director has ordered an operator of a place of interment to establish a care fund, the operator must establish and administer the care fund
(a) as a trust account with a savings institution in British Columbia,
(b) by entering into a trust agreement with the savings institution that includes the types of terms prescribed, and
(c) in accordance with the regulations.
(6) Subsection (5) (a) and (b) does not apply to a municipality, a regional district or an improvement district.
(7) A subsequent operator must maintain the care fund in accordance with this Act, the regulations and the terms and conditions related to the care of the fund imposed, from time to time, by order of a director.
29 (1) A savings institution is the trustee of a care fund established with it and must administer the care fund
(a) in accordance with the regulations, and
(b) subject to paragraph (a), in accordance with the terms of a written trust agreement between the savings institution and the operator of the place of interment to which the care fund relates.
(2) A municipality, a regional district or an improvement district that administers its own care fund is deemed to be the trustee of the care fund established by it and must administer the care fund in accordance with the regulations.
(3) In addition to any requirements imposed under this Act, the trustee of a care fund must ensure that the care fund established with the trustee is invested and accounted for in accordance with the provisions of the Trustee Act.
(4) The trustee of a care fund must ensure that no part of the care fund is invested with a person or an organization that owns or operates a place of interment or crematorium, or carries on business as a funeral provider or memorial dealer.
(5) A trustee of a care fund must ensure that no part of the principal of the care fund is paid to the operator of the place of interment to which the care fund relates without the prior approval of a director.
(6) A trustee of a care fund may purchase and hold securities on behalf of the care fund only in the name of the care fund.
30 (1) A director may
(a) audit a care fund, or
(b) order an operator of a place of interment to have a care fund audited by a person within a class of persons prescribed by the Lieutenant Governor in Council.
(2) An operator of a place of interment must maintain records related to the maintenance of the care fund in a manner that is satisfactory to a director.
31 (1) An operator of a place of interment in respect of which a care fund has been established must ensure that the care fund is transferred to the subsequent operator before the subsequent operator takes control of the place of interment.
(2) Until the subsequent operator enters into a new trust agreement with a savings institution, a trust agreement between a savings institution and the operator of a place of interment with respect to a care fund applies, without any amendment to the trust agreement, to the subsequent operator, as if the subsequent operator were the operator who entered into the agreement.
32 (1) A savings institution may pay an operator interest and dividend income earned by the care fund, but only for the purpose of paying the operator's liabilities arising out of care and maintenance services provided by any person for the place of interment.
(2) An operator must use the funds provided under subsection (1) only for the purpose for which they were paid.
33 Subject to section 32 [use of care funds], but despite any other enactment, a care fund and any money held by an operator for deposit to a care fund
(a) is not available to satisfy the liabilities of the operator of the care fund, and
(b) is not subject to any process of garnishment, attachment, execution or seizure by a creditor.
34 (1) Subject to subsection (2), a savings institution that holds and administers a care fund is not liable with respect to a payment from the care fund if the payment is made
(a) in accordance with this Act, the regulations and the terms and conditions of each applicable order referred to in section 28 [establishment of care fund], and
(b) in compliance with a statement of expenses of the operator received by the savings institution that shows the amount the operator spent for the care and maintenance of the place of interment to which the fund relates.
(2) Subsection (1) does not apply if the savings institution knew, or ought to have known, that the statement referred to in subsection (1) (b) was not accurate or complete.
35 (1) If a director considers that a place of interment is abandoned or is in financial difficulty, the director, by written notice to the operator and the savings institution holding and administering the care fund that relates to the place of interment, may order the savings institution to administer the care fund, in accordance with the directions of the director until the date the order is rescinded by the director.
(2) On the date that a savings institution receives a written notice under subsection (1), the director becomes the sole operator with respect to the care fund for the place of interment referred to in the order and from that date the director has all the powers, functions and duties of the operator with respect to the care fund.
(3) When an order referred to in subsection (1) is rescinded, the director ceases to have the authority referred in subsection (2) and the operator of the place of interment at the time of rescission has the powers, functions and duties of an operator under this Part.
36 If a director has not issued an order under section 28 [establishment of care fund] with respect to a place of interment, the operator of the place of interment must
(a) provide a reasonable level of care and maintenance of the place of interment at the operator's own expense, and
(b) if requested by a director, submit to the director, within the time specified by the director, a report containing the information required by the regulations.
Part 8 -- Operation of Places of Interment
37 (1) A municipality, a regional district or an improvement district may not own or operate a place of interment or crematorium except in the manner set out in this section.
(2) If a municipality, a regional district or an improvement district proposes to own or operate a place of interment or crematorium, the local government must
(a) incorporate a company subject to section 195 of the Local Government Act,
(b) establish itself as a board of trustees, or
(c) appoint a board of trustees
to own or operate the place of interment or crematorium.
(3) If 2 or more local governments enter into an agreement for the ownership or operation of a place of interment or crematorium, the local governments must
(a) incorporate a company, subject to section 195 of the Local Government Act, or
(b) appoint a board of trustees
to own or operate the place of interment or crematorium.
38 (1) In this section, "board of trustees" does not include a board of trustees established under section 37 [local government operations].
(2) A director may appoint a board of trustees to own or operate a place of interment or crematorium.
(3) A member of the board of trustees appointed by a director holds office during the pleasure of the director.
39 (1) An operator of a place of interment
(a) must make bylaws respecting
(i) the organization, operation and management of the place of interment,
(ii) the rights, privileges and responsibilities of the operator, persons who visit the place of interment and suppliers in respect of the place of interment,
(iii) the rights, privileges and responsibilities of interment right holders in respect of the place of interment, and
(iv) the size, class, kind and composition of memorials that are permitted to be installed in the place of interment, or in any of its parts or subdivisions, and
(b) may make other bylaws providing for any other matter relating to the place of interment, including, without limitation, bylaws allowing multiple interments in one lot.
(2) An operator of a crematorium
(a) must make bylaws respecting
(i) the organization, operation and management of the crematorium, and
(ii) the rights, privileges and responsibilities of the operator, persons who attend at the crematorium and suppliers in respect of the crematorium, and
(b) may make other bylaws providing for any other matter relating to the crematorium, including, without limitation, bylaws allowing multiple cremations at the same time.
(3) An operator must submit to a director a copy of the bylaws relating to the place of interment or crematorium
(a) if the director requests the operator to do so, or
(b) in prescribed circumstances.
(4) If a director considers that a bylaw of a place of interment or crematorium or the application of a bylaw of a place of interment or crematorium by an operator, is unjust, unreasonable, unduly restrictive or discriminatory, the director, by order, may
(a) require the bylaw to be repealed by a specified date,
(b) require the bylaw to be varied in accordance with instructions issued to the operator by the director,
(c) require the operator to comply with the bylaw or apply the bylaw in the manner specified by the director, or
(d) require the operator to provide additional information about the bylaw.
(5) A director must provide written reasons for an order under subsection (4).
(6) On the request of a person, an operator must make the bylaws respecting the place of interment or crematorium available at the operator's business premises specified by the person.
40 (1) An operator may exempt a person from the application of a bylaw respecting the operation of a place of interment or crematorium or may temporarily modify a bylaw of a place of interment or crematorium, on a case by case basis, if the exemption or modification does not result in a contravention of this Act, the regulations or an order under section 39 (4) [requirements for bylaws].
(2) A person may apply to a director requesting that the director review an exemption or a modification under subsection (1).
(3) On receipt of a request, a director must review the exemption or modification in accordance with the regulations.
(4) A director may cancel the exemption or modification if, in the director's opinion, the exemption or modification is unjust, unreasonable, unduly restrictive or discriminatory.
41 (1) Subject to subsection (3), an operator of a place of interment must allow a person to install a memorial that was purchased from a person other than the operator if the memorial and its installation comply with the bylaws respecting the place of interment.
(2) Subject to subsection (3), an operator of a place of interment must permit the installation of a memorial, including any setting and foundation work, to be performed by a person other than the operator.
(3) An operator may refuse to allow someone other than the operator or the operator's staff to install in the place of interment a memorial purchased from a person other than the operator only if the operator charges for the installation a price that is no higher than the price that the operator charges for the installation of memorials of that type sold by the operator.
(4) If a memorial did not comply with the bylaws of the place of interment at the time the memorial was installed, the operator of the place of interment may remove the memorial without notice.
42 (1) An operator of a cemetery may subdivide the land of the cemetery into lots.
(2) An operator of a mausoleum or columbarium may subdivide the sections of the mausoleum or columbarium into lots.
(3) An operator of a place of interment must keep, in accordance with the regulations, maps and plans of any subdivisions under this section for the period that the operator continues as an operator of the place of interment.
(4) When a person ceases being an operator of a place of interment, the person must transfer the maps and plans referred to in subsection (3) to the subsequent operator of the place of interment.
(5) The provisions of the Land Title Act and the Strata Property Act related to subdivisions do not apply to any subdivisions under this section.
43 (1) Despite section 19 [prohibition on removal of remains], if human remains or cremated remains are interred in the wrong lot in a cemetery, mausoleum or columbarium, the operator of the cemetery, mausoleum or columbarium must
(a) on the request of the person who, under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of the human remains or cremated remains, disinter the remains from the wrong lot and re-inter them in
(i) the correct lot, if the correct lot is available, or
(ii) a lot acceptable to the person who made the request if the correct lot is not available, and
(b) within 30 days after the re-interment referred to in paragraph (a), notify a director of the disinterment and the re-interment.
(2) An operator required to act under subsection (1) must not charge a fee or disbursement in respect of any action taken under subsection (1).
(3) If the parties fail to agree on a lot under subsection (1) (a) (ii), either party may apply to a director to resolve the matter.
(4) A director may resolve the matter in any way the director considers appropriate and the director's decision is binding on the parties.
44 Before an operator of a place of interment ceases selling rights of interment, the operator must notify a director of the operator's intention and provide the following information to the director:
(a) the methods that the operator intends to adopt to ensure the long term care and maintenance of the place of interment;
(b) the way the operator intends to use the income from any care fund;
(c) the methods that the operator intends to adopt to ensure continued access to records of interment and rights of interment;
(d) the way the operator intends to provide for the interment of the human remains or cremated remains of all interment right holders.
45 An operator of a place of interment must give notice to the Commonwealth War Graves Commission or the Department of Veterans Affairs (Canada) if anything is done, or is proposed to be done, under Part 4 or 10 that may affect a lot in the place of interment
(a) in respect of which the Commission or Department is an interment right holder,
(b) that is provided by the Commission or Department, or
(c) that is the responsibility of the Commission or Department.
46 (1) An operator may remove any object in or on the place of interment if, in the operator's opinion, the object
(a) has been placed there in contravention of the bylaws respecting the place of interment,
(b) is dangerous,
(c) impedes the care or maintenance of the place of interment, or
(d) is unsightly.
(2) An operator of a place of interment is not liable for damage to any object that is removed under subsection (1).
(3) Before acting under subsection (1) (c) or (d) in respect of any object placed on a lot, the operator must
(a) make reasonable efforts to give notice to the person who, under section 5 [control of disposition of human remains or cremated remains], has the right to control the disposition of the human remains or cremated remains in that lot and for whom the operator has contact information, and
(b) allow that person reasonable time to correct the problem.
(4) Subject to sections 19 [prohibition on removal of remains], 45 [notice required if war graves proposed to be affected] and 51 [prerequisites for conversion of place of interment] and to the terms of the certificate of public interest, an operator of a place of interment may
(a) add and alter buildings, structures, rights of way, access routes to lots, or grounds in the place of interment, and
(b) close or eliminate buildings, structures and rights of way and access to lots in the place of interment.
Part 9 -- Prohibitions on Activities in Places of Interment
and Crematoriums
47 A person must not, on land that the person knows or ought to know is a place of interment,
(a) play any game or sport, unless authorized by the operator,
(b) discharge firearms, unless at a military funeral,
(c) drive a motorized device of any kind over any lawns, gardens or flower beds, unless authorized by the operator, or
(d) deposit any trash or other waste.
48 A person must not disturb or interfere with
(a) a person transferring or accompanying human remains or cremated remains to
(i) a cemetery, mausoleum or columbarium,
(ii) a bereavement rite or ceremony or an interment, or
(iii) the business premises of a funeral provider, or
(b) a bereavement rite or ceremony or an interment.
49 (1) Unless the operator of a place of interment grants prior approval to a person, the person must not enter or remain on land that the person knows or ought to know is a place of interment during a period that is outside of
(a) the visiting hours, as posted on a sign at the place of interment, or
(b) the period from 8:00 a.m. to 8:00 p.m., if visiting hours are not posted at the place of interment.
(2) An operator may restrict a person, or a group of persons, from entering or remaining within 100 m of the place of a funeral service or an interment at a place of interment during the period starting 2 hours before the funeral service or interment and ending 2 hours after the funeral service or interment.
Part 10 -- Conversion and Closure of Places of Interment
50 In this Part, "applicant" means an operator of a place of interment who applies to a director for approval under section 52 [granting approval to change use of place of interment].
51 (1) This section applies to the conversion of all or a part of a place of interment only if rights of interment have been sold for all or a portion of the part to be converted to another use.
(2) An operator of a place of interment must not convert all or a part of the place of interment to another use unless a director has granted approval for the conversion under section 52 [granting approval to change use of place of interment].
(3) An operator of a place of interment may apply to a director for preliminary approval to convert all or a part of the place of interment to another use by submitting
(a) the information required by the director, in the form and manner required by the director,
(b) the information, fees and other payments required by the regulations, and
(c) a list of the persons the operator intends to notify respecting the sale or conversion.
(4) A director may grant preliminary approval to an applicant if
(a) the applicant has complied with subsection (3),
(b) the director considers that the applicant has a satisfactory plan that contains the prescribed elements, and
(c) the director considers that the conversion is not contrary to the public interest.
(5) If a director grants preliminary approval for the application under subsection (4), the applicant must do the following:
(a) serve notice on all interment right holders with respect to the part of the place of interment to be converted to another use, explaining the proposed conversion;
(b) publish in accordance with the regulations a notice respecting the proposed conversion of all or a part of the place of interment;
(c) provide the director with a copy of the notices referred to in paragraphs (a) and (b) and a summary of comments the applicant received in response to the notices referred to in paragraph (a).
52 (1) A director may grant an applicant approval, with or without conditions, to convert the use of a place of interment to the use described in the application.
(2) Before a director makes a decision under subsection (1), the director must give the applicant an opportunity to be heard.
(3) A director must provide an applicant with written reasons for the decision in accordance with section 60.
(4) An applicant may request a director to reconsider the decision in accordance with section 60.
53 (1) If a director grants approval under section 52 (1) [granting approval to change use of place of interment], the applicant must ensure that disinterment and removal of cremated remains is conducted in accordance with the conditions of the approval given.
(2) An applicant must notify a director in the prescribed manner as soon as practicable after the conversion approved under section 52 (1) has been completed.
(3) A director may amend or cancel the certificate of public interest that was issued under section 24 [application for certificate of public interest] to reflect the conversion of the use of the land on which the place of interment is situated if a director is satisfied that the approval granted under section 52 (1) has been complied with.
(4) If, as a result of the amendment or cancellation referred to in subsection (3), a certificate ceases to apply to a parcel of land, the parcel of land ceases to be a place of interment from the time the certificate is amended or cancelled.
Part 11 -- Application of Business Practices and
Consumer Protection Act
54 (1) If a provision of the Business Practices and Consumer Protection Act that applies for the purposes of this Act refers to
(a) "this Act", the reference must be read as the Cremation, Interment and Funeral Services Act, and
(b) "the regulations", the reference must be read as the regulations enacted under the Cremation, Interment and Funeral Services Act.
(2) Subject to this section, if a word or phrase used in a provision of the Business Practices and Consumer Protection Act that applies for the purposes of this Act is defined in the Business Practices and Consumer Protection Act, or in the regulations enacted under that Act, the word or phrase has the same meaning as defined in or under that Act.
(3) If a word or phrase is used in a provision of the Business Practices and Consumer Protection Act that applies for the purpose of this Act and is defined in this Act or the regulations under this Act, the word or phrase has the same meaning as defined in or under this Act.
55 (1) Subject to subsection (5), a person must not act as or hold himself, herself or itself out as any of the following, unless the person is licensed under subsection (2) for that purpose or is exempt by regulation from the requirement to be licensed:
(a) an operator;
(b) a funeral provider;
(c) an embalmer;
(d) a funeral director;
(e) an apprentice to any of the persons referred to in paragraph (c) or (d).
(2) A director may issue a licence to an applicant and impose conditions on the licence.
(3) Sections 144 [application for licence], 145 (2) [licences], 146 [actions by director respecting licence] and 147 (1) to (5) [opportunity to be heard and reconsideration] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.
(4) A decision made under section 146 of the Business Practices and Consumer Protection Act, as adopted by this Act or under subsection (5), may be reconsidered in accordance with section 60 [application of Division 1 of Part 12 -- reconsiderations] of this Act.
(5) Without limiting the authority of the director under subsection (3), if an applicant for a licence or a licensee under this Act contravenes the Business Practices and Consumer Protection Act or the regulations under that Act, the director may decide
(a) to refuse to issue the licence, or
(b) to suspend, cancel or amend the licence or impose or rescind conditions on the licence.
(6) An apprentice may act as or hold himself or herself out as an apprentice to a funeral director or an embalmer only if the apprentice is acting under the supervision and direction of a funeral director or an embalmer, as the case may be.
56 (1) An inspector may conduct an inspection for the following purposes:
(a) determining compliance with
(i) this Act and the regulations,
(ii) the conditions of a licence,
(iii) a certificate of public interest, or
(iv) an order of a director or an inspector under this Act;
(b) assessing an applicant for a licence or a certificate of public interest.
(2) The following sections of the Business Practices and Consumer Protection Act apply for the purposes of this Act:
(a) sections 150 [inspection powers] to 153 [records or things retained];
(b) section 154 [undertakings];
(c) section 155 [compliance orders];
(d) sections 158 [receivers and trustees] to 163 [application to court for disposition of property frozen].
57 (1) A director may file with the Supreme Court
(a) an undertaking, and
(b) a compliance order.
(2) An undertaking or a compliance order filed under subsection (1) is deemed, for all purposes, except an appeal from the undertaking or order filed, to be an order of the Supreme Court and enforceable as an order of the court.
58 (1) After giving a person an opportunity to be heard, a director may impose, in accordance with the regulations, an administrative penalty on the person if the person contravenes one of the following:
(a) a prescribed provision of this Act or the regulations;
(b) a condition of a licence;
(c) a condition of a certificate of public interest;
(d) a compliance order;
(e) an undertaking;
(f) an order of a director under this Act.
(2) If a corporation contravenes
(a) a prescribed provision of this Act or the regulations,
(b) a condition of a licence,
(c) a condition of a certificate of public interest,
(d) a compliance order,
(e) an undertaking, or
(f) an order of a director under this Act,
an employee, an officer, a director or an agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this section, whether or not an administrative penalty is imposed on the corporation.
(3) Sections 164 (2) to (4) [administrative penalties], 165 [amount of penalty] to 171 [damages recoverable] and 173 (1) (a), (2) and (3) [notice to director] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.
59 (1) Sections 174 [definition] to 178 [designation does not make administrative authority an agent of the government] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.
(2) Despite the power of the Lieutenant Governor in Council under section 68 [general power to make regulations] of this Act, the administrative authority may set a fee, charge and other amount payable for a licence or certificate of public interest or under section 16 (3) (b) [exhumation and disinterment], 27 (4) (b) [sale, lease or encumbrance of land restricted] or 51 (3) (b) [prerequisites for conversion of place of interment] of this Act if the administrative authority is designated as a director and, as director, is authorized to carry out powers, functions and duties related to the imposition of the fee, charge or amount payable for that licence or certificate or under that section.
(3) In setting fees, charges and other amounts under subsection (1), the administrative authority must comply with a fee setting process that
(a) is established by the administrative authority, and
(b) is in accordance with criteria that the minister may establish by regulation.
60 (1) For the purposes of this section, a reference to "determination" in the Business Practices and Consumer Protection Act and in this section must be read as
(a) a decision, an order or a ruling in respect of a matter that relates to a certificate of public interest,
(b) a decision made under section 55 [application of Part 9 -- licences] with respect to a licence,
(c) a compliance order,
(d) a notice imposing an administrative penalty under this Act,
(e) a decision in respect of a sale, lease or encumbrance under section 27 [sale, lease or encumbrance of land restricted], and
(f) a decision in respect of a change of use of a place of interment under section 52 [granting approval to change use of place of interment].
(2) A director may vary or cancel a type of determination referred to in paragraphs (c) to (f) of subsection (1) only if the director is satisfied that new evidence has become available or been discovered that
(a) is substantial and material to the determination, and
(b) did not exist at the time of the review or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.
(3) If the director has delegated powers and duties respecting a determination referred to in paragraph (b) of the definition of "determination", the director must not delegate the reconsideration of the determination to the same person.
(4) If the director made a determination referred to in paragraph (b) of the definition of "determination", the director must delegate the reconsideration to one or more persons who did not participate in the determination.
(5) Sections 181 [reconsideration by director], 182 (1), (5) and (6) [powers of director on reconsideration] and 186 [publication by director] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.
Part 12 -- Offences and Penalties
61 (1) Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.
(2) A person who contravenes subsection (3) or any of the following sections commits an offence:
(a) section 4 [prohibition on improper disposition of human remains];
(b) section 8 (1) and (3) [requirement for authorization before funeral services or disposition];
(c) section 11 [containers for interment or cremation];
(d) section 12 [presenting human remains for cremation];
(e) section 13 [time frames for cremation];
(f) section 14 [prohibition on sales, and offers of sale, of arrangements relating to cryonics and irradiation];
(g) section 15 [prohibition of commission or bonus];
(h) section 16 (2) [exhumation and disinterment];
(i) section 17 [transportation of human remains after exhumation or disinterment];
(j) section 18 [funeral provider required];
(k) section 19 [prohibition on removal of remains];
(l) section 23 [certificate of public interest needed];
(m) section 26 [use of land restricted];
(n) section 27 [sale, lease or encumbrance of land restricted];
(o) section 28 (3) to (5) and (7) [establishment of care fund];
(p) section 30 [requirements for audit of care fund and maintenance of relevant records];
(q) section 31 (1) [transfer of care fund];
(r) section 32 (2) [use of care funds];
(s) section 41 (1) and (2) [installation of memorials];
(t) section 43 [rectification of errors];
(u) section 44 [prerequisites to cease selling rites of interment];
(v) section 47 [prohibition on interference];
(w) section 48 [prohibition on disturbances];
(x) section 49 [prohibitions on being in certain places in cemeteries at certain times];
(y) section 51 (2) [prerequisites for conversion of place of interment];
(z) section 53 [obligations on operator after approval granted].
(3) A person must not do any of the following:
(a) supply false or misleading information to a person acting under this Act;
(b) refuse or fail to provide information as required under this Act;
(c) obstruct, hinder or interfere with an inspection under this Act;
(d) fail to comply with
(i) an order of a director under this Act,
(ii) an undertaking approved by the person under this Act, or
(iii) an order of the court under this Act;
(e) contravene a provision of a trust agreement referred to in section 28 (5);
(f) purport to have a licence when the person does not.
(4) A person does not commit an offence under subsection (3) (a) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.
(5) Each day that an offence continues under subsection (3) (c) or (d) constitutes a separate offence.
(6) If a corporation commits an offence under this Act, an employee, an officer, a director or an agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.
(7) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, an officer, a director or an agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.
(8) Subsection (7) does not apply if the defendant establishes that the defendant exercised due diligence to prevent commission of the offence.
62 (1) An individual who commits an offence under this Act is liable to a fine of not more than $10 000 or to imprisonment for not more than 12 months or to both.
(2) A corporation that commits an offence under this Act is liable, to a fine of not more than $100 000.
(3) Despite subsections (1) and (2), the court may increase a fine imposed under this section by an amount of up to 3 times the court's estimation of the amount of monetary benefit acquired or accrued as a result of the commission of the offence.
63 The time limit for laying an information for an offence under this Act is 2 years after the time when the subject matter of the proceedings arose.
Part 13 -- Confidentiality, Service and Proof
64 (1) A person who has custody of, access to or control over information or records under this Act must not disclose the information or records to any other person except
(a) if disclosure is for the purposes of the administration of this Act, the Business Practices and Consumer Protection Act or the regulations under either Act,
(b) with the consent of the person to whom the information or record relates,
(c) in court proceedings related to this Act, the Business Practices and Consumer Protection Act or other similar enactments of a province or Canada,
(d) if an enactment of a province or Canada requires the disclosure,
(e) to the person's counsel,
(f) to a law enforcement agency, or
(g) under an agreement with the government.
(2) The person referred to in subsection (1) is not, except in a proceeding under this Act, compellable to disclose or give evidence about information or records the person has custody of, access to or control over.
65 All documents that are required or permitted under this Act to be given or served on a person must be given or served in one of the following ways:
(a) by leaving a copy with the person;
(b) if the person to be served is not a director,
(i) by leaving a copy with an agent of that person,
(ii) by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,
(iii) by leaving a copy in a mail box or mail slot for the address at which that person carries on business,
(iv) by attaching a copy to a door or other conspicuous place at the address at which that person carries on business, or
(v) by sending a copy by electronic mail to the electronic mail address provided by the person;
(c) if the person to be served is a director,
(i) by leaving a copy with an agent of the director,
(ii) by sending a copy by ordinary mail or registered mail to the address of the office of the director, or
(iii) by sending a copy by electronic mail to the electronic mail address provided by the director;
(d) by transmitting a copy to a facsimile number provided by the person as an address for service.
66 A document given or served in accordance with section 65 is deemed to be received as follows:
(a) if given or served by sending a copy by mail, on the 5th day after it is mailed;
(b) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;
(c) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;
(d) if given or served by transmitting a copy by facsimile or sending a copy by electronic mail, on the 3rd day after it is transmitted or sent.
67 (1) If it is necessary in a proceeding to prove that a person has been designated by the minister as a director, a certificate purporting to be signed by the minister is proof, in the absence of evidence to the contrary, of the fact so stated, without proof of the signature or the authority of the minister.
(2) A statement respecting any of the following purporting to be signed by the director is proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in a proceeding, without proof of the signature or the authority of the director:
(a) the existence, non-existence or status of a licence;
(b) the designation of a person as an inspector;
(c) the filing or submission of information or a record to the director.
Part 14 -- Power to Make Regulations
68 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsections (1) and (3), the Lieutenant Governor in Council may make regulations as follows:
(a) defining a word or an expression used but not defined in this Act;
(b) respecting applications required under this Act, including the form and content of an application and information to be provided with an application;
(c) respecting interment and cremation, including the place and manner of interment and cremation of human remains;
(d) respecting containers for human remains, and the handling and storage of human remains before and during interment and cremation;
(e) respecting the storage and disposition of cremated remains and charges by an operator or funeral provider, if cremated remains are unclaimed after prescribed periods of time;
(f) respecting business and operational requirements of an operator or a funeral provider;
(g) respecting the disposition by an operator or a funeral provider of unclaimed cremated remains;
(h) respecting the manner in which human remains may be exhumed or disinterred;
(i) imposing requirements related to transferring or transporting human remains and establishing a class of persons permitted to transfer or transport human remains;
(j) exempting a person from the application of all or part of this Act or establishing circumstances when all or part of this Act does not apply;
(k) respecting the design, construction and maintenance of mausoleums and crematoriums;
(l) respecting the type of land, buildings and equipment to be used by an operator or a funeral provider for cemetery services or funeral services, including the required condition of the land, building and equipment;
(m) establishing standards for the operation and maintenance of places of interment and crematoriums;
(n) respecting fees and charges payable for
(i) applications made under this Act,
(ii) certificates of public interest and licences and amendments to certificates of public interest and licences,
(iii) approvals granted or amended under this Act,
(iv) authorizations granted or amended under this Act, and
(v) inspections or reviews conducted under this Act;
(o) imposing and setting penalties for late filing of an application for renewal of a licence under this Act;
(p) respecting care funds, including
(i) payments into care funds,
(ii) the administration of care funds, and
(iii) the obligations of an operator with respect to a care fund;
(q) respecting the form and content of any trust agreement related to a care fund;
(r) respecting the cancellation by an operator of a right of interment;
(s) respecting records that a funeral provider and an operator must create and maintain;
(t) establishing the types of information and records that must be disclosed to a director or an inspector when requested by the director or inspector or in the prescribed circumstances;
(u) respecting the types of information and records that must be disclosed to the public or specified members of the public and the manner and time of disclosure;
(v) respecting records or things that are retained during an inspection or investigation and the detention or disposal of those records or things;
(w) respecting the sale of lots or rights of interment and reclamation of previously sold lots in a place of interment;
(x) respecting the facilities operated by and services provided by a funeral provider or an operator;
(y) prescribing classes of persons who are spouses including persons are not married.
(3) The Lieutenant Governor in Council may make the types of regulations described in sections 199 [licences] and 200 [administrative penalties] of the Business Practices and Consumer Protection Act for the purposes of this Act and a reference in section 200 of that Act to section 164 (1) is deemed to be a reference to section 58 (1) of this Act.
(4) In making regulations under this Act, the Lieutenant Governor in Council or minister may do one or more of the following:
(a) define classes of persons, things or transactions;
(b) make different regulations for different classes of persons, things or transactions;
(c) delegate a matter to a person;
(d) confer a discretion on a person.
Part 15 -- Transitional Provisions, Repeals and
Consequential Amendments
69 In this Part, "former Act" means the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45.
70 (1) On the date that the former Act is repealed, the designation of the registrar under the former Act is rescinded.
(2) Despite subsection (1), the registrar may, on and after the rescission date,
(a) continue to hear any matter before the registrar while holding office, and
(b) make a decision or an order in a matter referred to in paragraph (a).
(3) For the purpose of subsection (2) (b), section 55 (4) of this Act applies.
(4) A board of cemetery trustees established or appointed under section 18 [municipal cemetery operation] of the former Act is continued as a board of trustees under this Act.
(5) Each member of a board of trustees who holds office on the repeal of section 19 [board of cemetery trustees] of the former Act continues, despite the repeal, to be a member of the board until the director rescinds the member's appointment.
(6) An investigator appointed under section 125 [investigation order of minister] of the former Act is deemed to be an inspector under this Act.
71 (1) A certificate of public interest issued under section 12 of the former Act is deemed to be a certificate of public interest issued under section 24 of this Act.
(2) A certificate of operation issued under section 15 of the former Act is deemed to be a licence, issued under section 55 of this Act, to operate a cemetery, mausoleum, columbarium or crematorium, as applicable.
(3) A permit for exhumation or disinterment issued under section 58 of the former Act is deemed to be an approval for exhumation or disinterment given under section 16 of this Act.
(4) A licence to carry on business as a funeral provider, funeral director or embalmer issued under section 70 of the former Act is deemed to be a licence, issued under section 55 of this Act, to carry on business as a funeral provider, funeral director or embalmer, as applicable.
72 (1) An inspector may conduct an inspection for the purposes of determining whether, within the 2 years before the repeal of the former Act, a person has contravened
(a) a provision of the former Act or of the regulations made under the former Act,
(b) a term or condition of a licence issued under the former Act, or
(c) a condition of a certificate of public interest or a certificate of operation issued under the former Act,
and no final determination has been made in respect of the contravention.
(2) During an inspection under subsection (1), an inspector may exercise any of the powers of inspection available under this Act.
(3) If, following an inspection under subsection (1), an inspector finds that there has been a contravention, the inspector may take any action in respect of the contravention that is authorized by the former Act.
73 A care fund established under section 42 [maintenance and care funds] of the former Act continues as a care fund established under this Act.
74 (1) The Lieutenant Governor in Council may make regulations respecting the renewal of a licence of a person deemed to have a licence under section 71 (2) or (4) [transitional -- certificates, permits and licences issued under former Act] who does not meet the criteria to hold a licence under section 55 of this Act, including regulations respecting
(a) exemptions from the criteria to hold a licence under section 55 of this Act,
(b) qualifications, training and experience contrary to the criteria to hold a licence under section 55 of this Act, and
(c) additional terms and conditions to be applied to the renewed licence.
(2) In addition to the regulation making powers under subsection (1), the Lieutenant Governor in Council may make regulations it considers necessary or advisable to bring this Act and the regulations made under it into operation and facilitate the transition to this Act from the former Act and regulations.
(3) A regulation made under this section may be made retroactive to a date on or after the date that this section comes into force, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.
(4) A regulation made under this section is repealed one year after the later of the date the regulation is deposited and the date the regulation comes into force.
(5) Subsections (1) to (4) are repealed 2 years after section 75 [repeals] comes into force.
(6) Despite subsection (5), a regulation made under this section that is in effect 2 years after section 75 comes into force continues to have effect until one year after the later of the date the regulation is deposited and the date the regulation comes into force.
75 The following may be repealed by regulation of the Lieutenant Governor in Council:
(a) the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45;
(b) the Supplement to the Cemetery and Funeral Services Act.
Anatomy Act
76 Section 1 (c) of the Anatomy Act, R.S.B.C. 1996, c. 13, is amended by striking out "burial" and substituting "disposition".
77 Section 2 (a) is amended by striking out "be the personal representative of the deceased person," and substituting "control the disposition of the body under section 5 of the Cremation, Interment and Funeral Services Act,".
78 Section 4 is amended
(a) in subsection (2) by striking out "decently buried." and substituting "disposed of in accordance with the Cremation, Interment and Funeral Services Act.", and
(b) in subsection (3) by striking out "to bury it." and substituting "to dispose of it in accordance with the Cremation, Interment and Funeral Services Act."
79 Section 6 is repealed and the following substituted:
6 When a body is no longer required for the purposes set out in section 4 (1), the person who has charge of the body must
(a) arrange for the disposition of the body in accordance with the Cremation, Interment and Funeral Services Act, at the person's expense, and
(b) promptly notify the minister of the manner, time and place of the disposition.
Business Corporations Amendment Act, 2003
80 Section 107 of the Business Corporations Amendment Act, 2003, S.B.C. 2003, c. 70, is repealed.
Community Care and Assisted Living Act
81 Section 35 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed.
Community Charter
82 Section 220 (1) (g) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:
(g) the land actually used and occupied for the interment of the dead or in respect of which a certificate of public interest under the Cremation, Interment and Funeral Services Act has been issued by the director under that Act, together with the improvements included as part of the cemetery, mausoleum or columbarium under that Act, other than
(i) premises used for the provision of funeral services within the meaning of that Act,
(ii) crematoriums within the meaning of that Act, and
(iii) premises, or that part of premises, used primarily for the sale of cemetery services or funeral services within the meaning of that Act; .
83 Section 225 (2) (d) is repealed and the following substituted:
(d) eligible cemetery property, being land held for cemetery, mausoleum or columbarium purposes; .
Environmental Management Act
84 Section 6 (5) (c) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by striking out "Cemetery and Funeral Services Act;" and substituting "Cremation, Interment and Funeral Services Act;".
Freedom of Information and Protection of Privacy Act
85 Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended in the definition of "local government body" by repealing paragraph (o) and substituting the following:
(o) a board of trustees established under section 37 of the Cremation, Interment and Funeral Services Act, .
86 Schedule 2 is amended
(a) by striking out the following:
| Public Body: | Boards of Cemetery Trustees (each Board) | |
| Head: | Attorney General , and |
(b)by adding the following:
| Public Body: | Boards of Trustees established under section 38 of the Cremation, Interment and Funeral Services Act (each Board) | |
| Head: | Solicitor General . |
Local Government Act
87 Section 287 (1) (p) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:
(p) a member of a board of trustees established or appointed by a municipality under section 37 of the Cremation, Interment and Funeral Services Act; .
88 Section 797.1 (2) is repealed.
Taxation (Rural Area) Act
89 Section 15 (1) (d) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is repealed and the following substituted:
(d) every place of public worship;
(d.1) land used exclusively for a public cemetery, mausoleum or columbarium, not exceeding 2.023 ha; .
Vancouver Charter
90 The heading to Part XVI of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:
Part XVI -- Cemeteries or Related Property .
91 Section 331 is repealed and the following substituted:
331. The Council may
(a) acquire real property within or without the city to be used for cemetery, mausoleum, crematorium or columbarium purposes, and lay out, develop, improve, maintain, regulate, and operate cemeteries, mausoleums, crematoriums and columbaria;
(b) regulate the interment or other disposition of the dead in such cemeteries, mausoleums, crematoriums and columbariums;
(c) prohibit the violation of, or damage to, any improvements or fixtures within cemeteries, including mausoleums, columbariums, vaults, monuments, graves or grave-stones;
(d) establish the terms and conditions under which, and the fees for which, persons may acquire the right to make use of areas or plots in cemeteries, mausoleums, crematoriums and columbariums for the interment of the dead;
(e) establish, set aside, and maintain a fund to defray the perpetual upkeep and care of a cemetery, mausoleum, crematorium, columbarium, or part of any of these, and accept from any person having the right to make use of any area or plot therein, and place in such fund, a capital sum for which the city may agree to ensure perpetual upkeep and care of the cemetery, mausoleum, crematorium or columbarium, or any part of these, and invest the fund in the same manner as sinking funds are to be invested under Part V of this Act.
92 Section 332 is repealed.
93 Section 396 (5) (b) (iii) is repealed and the following substituted:
(iii) for a cemetery, mausoleum or columbarium under subsection (1) (c) (i);.
94 Section 484 is repealed.
Vital Statistics Act
95 Section 1 of the Vital Statistics Act, R.S.B.C. 1996, c. 479, is amended
(a) in the definition of "burial permit" by striking out ", cremate, remove",
(b) by repealing the definition of "cemetery" and substituting the following:
"cemetery" means land that is set apart or used as a place of burial or other disposition of dead bodies but does not include a crematorium; ,
(c) by repealing the definitions of "cemetery owner" and "columbarium",
(d) in the definition of "cremation" by striking out "Cemetery and Funeral Services Act;" and substituting "Cremation, Interment and Funeral Services Act;", and
(e) in the definition of "funeral director" by striking out ", cremation".
96 Section 11 (4) (a) and (6) is amended by striking out ", cremation".
97 Section 22 is amended
(a) in subsection (3) (a) by striking out ", cremate", and
(b) by repealing subsection (5) and substituting the following:
(5) A funeral director must do the following:
(a) at the place of burial or other disposition of a dead body, remove the copies of the burial permit attached to the outside of the casket;
(b) before the burial or other disposition of a dead body, deliver the appropriate copy of the burial permit to the person conducting the funeral or religious service;
(c) at the time of burial or other disposition of a dead body,
(i) subject to subparagraph (ii), deliver the appropriate copy of the burial permit to the operator of the cemetery, mausoleum or crematorium, or
(ii) if no person is in charge of the cemetery or mausoleum at time of burial or other disposition, sign the appropriate copy of the burial permit and write "No person in charge" on the face and deliver the burial permit to the chief executive officer.
98 Section 23 is repealed and the following substituted:
23 The operator of a cemetery, mausoleum or crematorium must not permit the interment or cremation of a dead body unless the operator holds the appropriate copy of the burial permit or other document described under section 22.
Waste Management Act
99 Section 3 (5) (c) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by striking out "Cemetery and Funeral Services Act" and substituting "Cremation, Interment and Funeral Services Act".
100 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill repeals and replaces the Cemetery and Funeral Services Act. It is companion legislation to the Business Practices and Consumer Protection Act which legislation updates and modernizes consumer legislation in the province.
[ Return to: Legislative Assembly Home Page ]
Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada