CEMETERY AND FUNERAL SERVICES ACT [REPEALED]

Transcription

1 PDF Version [Printer-friendly - ideal for printing entire document] CEMETERY AND FUNERAL SERVICES ACT [REPEALED] Published by Updated To: [includes 2002 Bill 73 (B.C. Reg. 217/2004) amendments (effective May 14, 2004)] Important: Printing multiple copies of a statute or regulation for the purpose of distribution without the written consent of is strictly prohibited. Quickscribe offers a convenient and economical updating service for those who wish to maintain a current collection of hard copy legislation. Go to for more details. 45 [REPEALED July 4, 2004 by 2004 Go Bill to 3 (B.C. Reg. 274/2004)] to view the Terms of Use.

2 CEMETERY AND FUNERAL SERVICES ACT [REPEALED] CHAPTER 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Reg. 274/2004)] [includes 2002 Bill 73 (B.C. Reg. 217/2004) amendments (effective May 14, 2004)] Contents PART 1 Definitions and Interpretation 1. Definitions and interpretation 2. Employees, agents and other persons 3. Memorial society PART 2 Registrar 4. Registrar 5. Powers and duties of the registrar 6. Immunity for acts or omissions in good faith 7. Service on registrar 8. Correction of records 9. Certificate as evidence 10. Repealed PART 3 Certificates of Public Interest and Operation 11. Certificate of public interest 12. Application for certificate of public interest 13. Registration in land title office 14. Certificate of operation 15. Application for certificate of operation 16. Establishment and operation of crematoria PART 4 Interment Facilities Part 4: Division 1 Establishment of Interment Facilities 17. Crown land for cemetery sites 18. Municipal cemetery operation 19. Board of cemetery trustees Part 4: Division 2 Operation of Interment Facilities 20. Bylaws and executory contracts 21. Suspension or modification of bylaws 22. Cancellation or suspension by minister 23. Use of land restricted 24. Sale or encumbrance restricted 25. Schedule of rates 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 2274/2004)]

3 26. Interment practices of religious body 27. Construction requirements 28. Restrictions on memorial rights 29. Price list to be available 30. Subdivision for lots 31. Multiple interments 32. Sale of lots 33. Refund policy disclosure 34. Notice given at mailing address 35. Exclusions 36. Restrictions on representations 37. Lot may be reclaimed 38. Leasing 39. Rectifying errors 40. Transfer of rights 41. Records Part 4: Division 3 Maintenance and Care Fund Provisions 42. Maintenance and care funds 43. Care fund requirements 44. Funds exempt from seizure 45. Investment restriction 46. Audit of maintenance fund and care fund 47. Contravention of trust requirements PART 5 Disposition of Human Remains 48. Proper disposition of human remains 49. Transportation and storage 50. Burial permit required 51. Control of disposition 52. Written authorization 53. Preference as to disposition of human remains 54. Disposition of donated human remains 55. Other dispositions of human remains 56. Removal of human remains 57. Sale of cryonics, irradiation and other kinds of arrangements forbidden PART 6 Exhumation and Disinterment 58. Exhumation and disinterment 59. Intervention by the court 60. Funeral provider required PART 7 Closure of Interment Facilities 61. Application to part of cemetery or mausoleum 62. Application to columbarium 63. Closure of interment facility 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 3274/2004)]

4 64. Sale of lots discontinued 65. Conversion into public park 66. Disinterment and transfer on closure 67. Supervision of disinterment 68. Certificate of compliance 69. Right of interment extinguished PART 8 Licensing of Funeral Providers, Funeral Directors and Embalmers 70. Licensing 71. Refusal, suspension or cancellation of a licence 72. Written reasons and written reply 73. Repealed 74. Inquiries 75. Change of address 76. Licence not transferable 77. Identification of funeral provider PART 9 Funeral Services 78. Embalming and restoration 79. Funeral services contract 80. Telephone information 81. Premises where funeral services are provided 82. Display of licences 83. Funeral directors and embalmers 84. Funeral goods display 85. Price list 86. Rental casket 87. Records 88. Complaints PART 10 Crematoria 89. Container requirements 90. Minimum period after death 91. Fee for storing cremated remains 92. Disposition of unclaimed cremated remains 93. Regulations crematoria PART 11 Solicitation 94. Misrepresentation 95. Commission restricted 96. Solicitation 97. Policy of insurance CEMETERY AND FUNERAL SERVICES ACT [REPEALED] PART 12 Preneed and Prearranged Plans 98. Definition for Part 99. Compliance 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 4274/2004)]

5 100. Filing of plan with registrar 101. Purchaser to receive copy of plan 102. Cancellation of plan within 7 days 103. Cancellation of plan 104. Special provision for sale of lot 105. Money as trust funds 106. Failure to deliver 107. Failure to refund 108. Default of payment 109. Funds exempt from seizure 110. Audit of trust accounts 111. Intervention by registrar PART 13 General Provisions -- Sections of Part War graves 113. Interference with cemetery 114. Operator not liable for breakage 115. Disturbance prohibited 116. Trespass 117. Inspection 118. Statistical report 119. Financial statement 120. Financial information confidential 121. Confidentiality -- Sections of Part Notice 123. Enforcement of duty to make returns 124. Order of compliance 125. Investigation order of minister 126. Order to refrain from dealing with assets 127. Appointment of a receiver 128. Offence Act 129. Offences 130. Time limitation 131. Power to make regulations 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 5274/2004)] of

6 (AM) Mar 29/04 PART 1 Definitions and Interpretation Definitions and interpretation 1. (1) In this Act: "business premises" means premises where funeral services are offered or provided, but does not include that part of the premises occupied as a private residential dwelling; "bylaws" means written regulations, rules or laws, by whatever name called, governing the organization, management and operation of a cemetery, mausoleum, columbarium or crematorium; "care fund" means a fund established for the upkeep and repair of a cemetery, mausoleum or columbarium and held and administered in accordance with section 43; "cemetery" means land that is set apart or used as a place of interment, together with any incidental or ancillary buildings; "cemetery services" means the disposition of human remains by interment or cremation and includes the supply of goods incidental to interment or cremation, but does not include the sale of lots; "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; "company" has the same meaning as in the Business Corporations Act; "container" means a self contained receptacle or enclosure made of rigid cardboard, pressed wood, composition board or other similar material that is of sufficient strength to hold and conveniently transport human remains, but does not include a metal or fibreglass casket, a receptacle or enclosure made of plastic or similar substance, or a pouch or bag; "court" means the Supreme Court; "cremated remains" means human bone fragments that remain after cremation; "crematorium" means a building or a part of a building fitted with approved appliances for the purpose of cremating human remains and includes everything incidental or ancillary to it; "disinterment" means the removal of human remains, along with the casket or container or any of the remaining casket or container holding the human remains, from the lot in which the human remains had been interred; "embalmer" means an individual licensed under this Act to engage in the disinfection, preservation, preparation or restoration of human remains; "exhumation" means the exposure of interred human remains for viewing or for examination, whether in or removed from the lot in which the human remains had been interred; "funeral director" means an individual licensed under this Act to arrange, conduct or direct funerals or the transfer or disposition of human remains, or to arrange burials; "funeral home" means a facility at which funeral services are provided; "funeral provider" means a person licensed under this Act who owns, controls or manages a funeral home; "funeral services" means the arrangements, care and preparation of human remains for interment, cremation or other disposition and includes the supply of goods incidental to the arrangements, care and preparation, but does not include the sale of lots; "human remains" means a dead human body in any stage of decomposition, but does not include cremated remains; 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 6274/2004)]

7 (SUB) Jan 01/04 "interment" means disposition by burial of human remains or cremated remains in a cemetery, entombment of human remains in a mausoleum, or inurnment of cremated remains in a columbarium; "licensee" means a funeral provider, funeral director or embalmer; "locality" means the municipality or municipalities that a cemetery, mausoleum, columbarium or crematorium is intended to serve; "lot" means a space 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; "lot holder" means a person who owns a right of interment; "maintenance fund" means a fund established for the upkeep and repair of a cemetery, mausoleum or columbarium; "mausoleum" means a structure or building that contains interior or exterior crypts designed for the entombment of human remains; "memorial" means a marker, headstone, tombstone, monument, plaque, tablet or plate on a grave or plot, or an inscription or lettering and ornamentation on a crypt or niche front used to identify a lot or memorialize the deceased; "memorial dealer" means a person who offers for sale or sells memorials to the public; "memorial society" means a society established for the purpose of making available funeral services or cemetery services, or both, to its members; "municipality" includes an improvement district; "operator" means a company, society or board of cemetery trustees that owns, controls or manages a cemetery, mausoleum, columbarium or crematorium; "prearranged funeral services plan" means a contract under which, in consideration of full or partial payment made in advance, a funeral provider contracts to provide future funeral services for one or more persons who are alive at the time the contract is entered into; "preneed cemetery services plan" means a contract under which, in consideration of full or partial payment made in advance an operator contracts to provide future cemetery services for one or more persons who are alive at the time the contract is entered into; "registrar" means the registrar designated under section 4; "right of interment" means a right, acquired by purchase, inheritance or transfer, for the interment of human remains or cremated remains in a lot; "society" means a society incorporated under the Society Act. (2) For the purposes of this Act, "file" or "filed" means to deliver a document or paper to the registrar to be kept on file as a matter of record and reference, but does not imply an approval by the registrar unless this Act specifically states that the registrar's approval is required before a document or paper is filed, and a reference to this Act includes any regulations made under it ; ; Employees, agents and other persons 2. Unless a contrary intention appears in this Act, where this Act imposes a duty or prohibition on an operator, funeral provider, memorial dealer or memorial society, the duty or prohibition applies, as the context requires, to every director, officer, employee and agent of that operator, funeral provider, memorial dealer or memorial society, and 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 7274/2004)]

8 every other person who provides or sells or offers to sell lots, cemetery services, funeral services or memorials Memorial society 3. For the purpose of this Act, a memorial society may act as the agent of its members, accept fees and commissions for services the memorial society provides to its members, and enter into contracts with any operator, funeral provider or memorial dealer on behalf of the memorial society's members [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 8274/2004)]

9 PART 2 Registrar Registrar 4. (1) The minister must designate as registrar a person appointed under the Public Service Act. (2) The registrar may designate a person who, in the absence of the registrar, exercises the powers and performs the duties of the registrar. (3) The registrar must maintain a current list of every person who, under this Act, (d) is certified or licensed, Powers and duties of the registrar has been refused a certificate of public interest, certificate of operation or licence, has had a certificate of public interest, certificate of operation or licence suspended or cancelled, or has surrendered a certificate of public interest, certificate of operation or licence ; The registrar is responsible for the administration and enforcement of this Act and, in addition to other powers and duties under this Act, the registrar may set the amount of cash reserve required under this Act, (d) (e) (f) receive complaints from any person and investigate those complaints in the manner and to the extent the registrar considers necessary, order an operator, funeral provider, funeral director, embalmer, memorial dealer or memorial society to comply with any provision of this Act or may make any other order that is reasonable in the circumstances, extend the time limit to file or comply with a requirement of this Act, and may grant the extension even though the time limit to be extended has expired, issue, refuse to issue, suspend, cancel and impose conditions on licences for funeral providers, funeral directors or embalmers, and establish standards of operation for funeral homes. Immunity for acts or omissions in good faith ; (1) An action for damages must not be brought against the registrar or any employee who is subject to the registrar's direction because of anything done or omitted to be done in good faith in the performance or intended performance of any duty under this Act, or Service on registrar in the exercise or intended exercise of any power under this Act. (2) Subsection (1) does not absolve the government from vicarious liability because of an act or omission of the registrar or an employee referred to in subsection (1) [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 9274/2004)]

10 7. A document may be served on the registrar by leaving it at the office of the registrar or by mailing it by registered mail addressed to the office of the registrar or any other prescribed place Correction of records CEMETERY AND FUNERAL SERVICES ACT [REPEALED] 8. (1) The registrar may correct an error or omission contained in any register or record kept by the registrar under this Act. (2) The registrar must initial and date a correction made under subsection (1) Certificate as evidence (REP) Oct 23/03 9. A certificate, licence or document that purports to be issued by the registrar or a person designated by the registrar under this Act is, without proof of the office or signature of the registrar or person, receivable in evidence for all purposes in a proceeding or prosecution ; Repealed 10. Repealed. [ ] 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

11 PART 3 Certificates of Public Interest and Operation Certificate of public interest 11. An operator or person must not establish or enlarge a cemetery, mausoleum or columbarium unless the registrar issues a certificate of public interest in respect of the cemetery, mausoleum or columbarium Application for certificate of public interest 12. (1) An operator or person who proposes to establish or enlarge a cemetery, mausoleum or columbarium for which a certificate of public interest in respect of the establishment or enlargement has not been issued must apply to the registrar as prescribed for a certificate of public interest, and the application must be accompanied by the prescribed fee. (2) The registrar may take the following matters into account when considering whether to issue a certificate of public interest for a facility under subsection (1): the need for the proposed facility; (d) (e) (f) (g) the effect, if any, on the inhabitants of the locality of the proposed facility; the financial resources of the applicant and the applicant's freedom from any potentially conflicting business interests; whether plans for the construction, alteration or conversion of a structure or building for mausoleum or columbarium use conform to the requirements of this Act; the suitability of the land for the particular facility, having regard to other potential sites and priorities for land use in the locality of the proposed facility; whether the holder of any charge registered against the land objects to the use of the land for cemetery, mausoleum or columbarium purposes; any other matters the registrar considers are relevant in the public interest. (3) The registrar may hold a hearing for the purpose of inquiring into whether the proposed facility is in the public interest. (4) The registrar may determine the procedures for the conduct of a hearing under subsection (3). (5) The registrar may reject or approve an application made under subsection (1) and, if the application is approved, the registrar must issue a certificate of public interest, with or without conditions. (6) The registrar may, acting alone or on application by any person, amend a certificate of public interest by adding, removing or varying conditions that are attached to the certificate. (7) The minister may, acting alone or on application by any person, suspend or cancel a certificate of public interest Registration in land title office 13. (1) In this section, "registrar of titles" means the registrar appointed under the Land Title Act for the land title district in which land affected by a certificate of public interest is located. (2) If a certificate of public interest is issued under section 12 (5), the registrar must, on application, file in the proper land title office a notice of the certificate of public interest, 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

12 signed by the registrar, setting out a description of the land affected by the notice that is sufficient for the registrar of titles to identify the land in his or her records, and other prescribed information, and the notice must have attached to it a copy of the certificate of public interest. (3) On receiving the notice under subsection (2), the registrar of titles must file the notice and make an entry of it in the register of indefeasible titles. (4) On receiving a notice of cancellation, signed by the registrar, setting out Certificate of operation a description of the land affected by the notice that is sufficient for the registrar of titles to identify the land in his or her records, and the filing number of the notice under subsection (2), the registrar of titles must cancel the entry of the notice made under subsection (3) in the register of indefeasible titles An operator must not operate a cemetery, mausoleum, columbarium or crematorium unless the registrar issues a certificate of operation authorizing that operator to operate the cemetery, mausoleum, columbarium or crematorium Application for certificate of operation CEMETERY AND FUNERAL SERVICES ACT [REPEALED] 15. (1) An operator that proposes to operate a cemetery, mausoleum, columbarium or crematorium for which a certificate of operation has not been issued must apply to the registrar as prescribed for a certificate of operation, and the application must be accompanied by the prescribed fee. (2) A certificate of operation for a cemetery, mausoleum or columbarium must not be issued until the registrar is satisfied that the applicant has complied with the conditions, if any, of the certificate of public interest issued for that cemetery, mausoleum or columbarium. (3) Unless exempted by this Act, an applicant, when applying for a certificate of operation, must file with the registrar evidence that there has been deposited into a maintenance fund or care fund the prescribed amount in respect of each proposed interment area in the cemetery, mausoleum or columbarium. (4) The registrar may reject or approve an application made under subsection (1) and, if the application is approved, the registrar must issue a certificate of operation, with or without conditions, and must designate in the certificate of operation approved interment areas in the cemetery, mausoleum or columbarium. (5) A lot must not be used for interment purposes in a cemetery, mausoleum or columbarium unless the lot is within an approved interment area designated in a certificate of operation. (6) The registrar may, acting alone or on application by any person, amend a certificate of operation by adding, removing or varying conditions that are attached to the certificate, including the designation of approved interment areas. (7) The minister may, acting alone or on application by any person, suspend or cancel a certificate of operation Establishment and operation of crematoria 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 1274/2004)]

13 16. (1) The registrar must not issue a certificate of operation for a crematorium until CEMETERY AND FUNERAL SERVICES ACT [REPEALED] the crematorium site and plans are approved by the municipality, and a professional engineer appointed by the registrar at the expense of the applicant for the certificate of operation certifies that the crematorium (i) is completed on the approved site and built in accordance with the plans as approved, (ii) is properly equipped with appliances suitable for the cremation of human remains, and (iii) complies with any other prescribed standards. (2) If a certificate of operation for a crematorium is issued, the operator must not modify or replace any appliance or provide any additional appliance for the cremation of human remains in that crematorium until a professional engineer appointed by the registrar at the expense of the operator certifies that any modified, replaced or additional appliance is suitable for the cremation of human remains, and the registrar issues a new or amended certificate of operation [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

14 PART 4 Interment Facilities Part 4: Division 1 Establishment of Interment Facilities (AM) Nov 01/02 (AM) Jan 01/04 (AM) Jan 01/04 Crown land for cemetery sites 17. (1) Subject to the Agricultural Land Commission Act and the Land Act, the Lieutenant Governor in Council may reserve an area of unoccupied Crown land, not exceeding 4 ha, for a cemetery for the use and benefit of the residents of a designated locality. (2) The minister responsible under the Land Act may dispose of the Crown land reserved under subsection (1) by selling the land to a municipality or municipalities, leasing the land to a society, or leasing the land to a board of cemetery trustees ; ; Municipal cemetery operation 18. (1) If a municipality proposes to own or operate a cemetery, mausoleum, columbarium or crematorium, the council of the municipality must subject to section 185 of the Community Charter, incorporate a company, or establish itself as a board of cemetery trustees or appoint a board of cemetery trustees to own or operate the cemetery, mausoleum, columbarium or crematorium. (2) If 2 or more municipalities enter into an agreement for the ownership or operation of a cemetery, mausoleum, columbarium or crematorium, the councils of the municipalities must subject to section 185 of the Community Charter, incorporate a company, or Board of cemetery trustees appoint a board of cemetery trustees to own or operate the cemetery, mausoleum, columbarium or crematorium ; ; , Sch.; (1) The minister may appoint a board of cemetery trustees in and for a designated locality to own or operate a cemetery, mausoleum, columbarium or crematorium for the use and benefit of the inhabitants of the designated locality. (2) Every member of a board of cemetery trustees holds office during the pleasure of the minister. (3) For the purposes of subsection (1), the minister may delegate to a church, religious denomination or religious corporation the power to appoint members to the board of cemetery trustees to hold office at the pleasure of the church, religious denomination or religious corporation. (4) A member of a board of cemetery trustees under this Act does not incur any liability to a person for an act done or purported to be done in good faith under this Act. (5) This section does not apply to a board of cemetery trustees established or appointed under section [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

15 Part 4: Division 2 Operation of Interment Facilities Bylaws and executory contracts 20. (1) Every operator must make or adopt bylaws including, without limitation, bylaws respecting the administration and operation of the cemetery, mausoleum, columbarium or crematorium, the rights, privileges and responsibilities of the operator, lot holders and their relatives, other users, suppliers, funeral providers, memorial dealers and the general public, rates and charges, and (d) the size, class and kind of memorials and the materials used for memorials installed in the cemetery, mausoleum or columbarium or in any of its parts or subdivisions. (2) Every operator must file with the registrar a copy of the bylaws. (3) If an operator proposes to amend a bylaw, the operator must file with the registrar a copy of the amended bylaw along with particulars respecting the proposed amendment. (4) At the request of the registrar, an operator must file with the registrar each executory contract that affects the operation of, or the supply of goods or services for use in, the cemetery, mausoleum, columbarium or crematorium. (5) If the registrar considers that a bylaw, a proposed amendment to a bylaw or an executory contract is unjust, unreasonable, unduly restrictive or discriminatory, the registrar may, within 30 days after receiving the bylaw, the proposed amendment to the bylaw or the executory contract, reject it, require it to be varied in accordance with instructions issued to the operator by the registrar, or request additional information. (6) If the registrar rejects a bylaw, a proposed amendment to a bylaw or an executory contract, the registrar must provide written reasons for the rejection. (7) If the registrar requests additional information under subsection (5), a further 30 day period begins on the date the registrar receives the additional information. (8) Except as provided in subsections (5) to (7), the bylaws and each amended bylaw and executory contract are effective, without notification to the operator, 30 days after receipt by the registrar. (9) A copy of the bylaws must be available at each of the operator's business premises for examination by the public on request Suspension or modification of bylaws 21. (1) An operator may temporarily suspend or modify, on a case by case basis, any bylaw of the cemetery, mausoleum, columbarium or crematorium so long as the suspension or modification will not result in a contravention of this Act. (2) The suspension or modification of a bylaw under subsection (1) does not create a precedent 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)] of

16 so as to affect the general application of the bylaw. (3) Any person may appeal to the registrar the suspension or modification of a bylaw under subsection (1). (4) If, in the opinion of the registrar, the suspension or modification of a bylaw under subsection (1) is unjust, unreasonable, unduly restrictive or discriminatory, the registrar may cancel the suspension or modification Cancellation or suspension by minister 22. Despite section 20, if the minister considers that a bylaw or a part of a bylaw is unjust, unreasonable, unduly restrictive or discriminatory, the minister may, at any time, cancel or suspend the bylaw or the part of the bylaw Use of land restricted 23. (1) If land is used or has been set aside for use as a cemetery, mausoleum, columbarium or crematorium the operator must not use any part of the land for a purpose not associated with or incidental to the care and disposition of human remains or cremated remains. (2) Subsection (1) does not apply if the use of the land is for a purpose approved by the registrar on conditions the registrar may require Sale or encumbrance restricted 24. (1) Unless lots are sold in the ordinary course of business of an operator, an operator must not, without the approval of the Lieutenant Governor in Council, sell, lease or encumber the land of a cemetery, mausoleum or columbarium. (2) For the purpose of subsection (1), the Lieutenant Governor in Council may Schedule of rates refuse to give an approval if the Lieutenant Governor in Council considers that it would not be in the public interest to do so, or give an approval on conditions the Lieutenant Governor in Council considers proper in the circumstances. (3) The land of a cemetery, mausoleum or columbarium may not be seized or sold on execution Every operator must keep at the operator's business premises and must have available for examination by the public on request the operator's current schedule of rates and other charges for lots and cemetery services Interment practices of religious body CEMETERY AND FUNERAL SERVICES ACT [REPEALED] 26. An operator of a cemetery, mausoleum or columbarium established by a church, religious denomination or religious corporation may make reference in the operator's bylaws to the principles and practices of the church, religious denomination or religious corporation respecting interment. 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

17 Construction requirements 27. (1) A structure or building or portion of a structure or building must not be used or altered for use as a mausoleum or columbarium unless it conforms to the prescribed construction requirements for mausolea and columbaria. (2) Subsection (1) does not apply to a mausoleum or columbarium that was in existence and being used as a mausoleum or columbarium on February 9, 1990 and that at the time of construction or alteration complied with the laws then existing, and Restrictions on memorial rights does not constitute a threat to public health or safety (1) Subject to subsection (2), an operator must not refuse to allow the installation of a memorial that was purchased from someone other than the operator if the memorial complies with the bylaws of the cemetery. (2) The installation of a memorial referred to in subsection (1), including any setting and foundation work, may be performed by the supplier of the memorial with the consent of the operator, or reserved for the operator if the price charged for the installation is reasonable and there is no price discrimination. (3) If a memorial does not comply with the bylaws of the cemetery, the operator may, without notice, remove the memorial. (4) Any dispute under this section may be submitted to the registrar who may resolve the matter in any way the registrar considers appropriate in the circumstances Price list to be available (AM) Jul 01/ (1) Every memorial dealer must keep at the memorial dealer's business premises and must have available for examination by the public on request a current price list of memorials offered for sale by the memorial dealer. (2) The price list referred to in subsection (1) must clearly indicate whether the cost of installation of the memorial, including any setting and foundation work, is an additional charge that is not included in the purchase price of the memorial Subdivision for lots 30. (1) An operator may, in accordance with maps or plans filed with the registrar, subdivide into lots the land of a cemetery and the sections of a mausoleum or columbarium. Multiple interments (2) The Land Title Act and the Strata Property Act do not apply to a subdivision under subsection (1) ; The bylaws of an operator may provide for multiple interments in the same lot [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

18 Sale of lots 32. (1) An operator may sell a lot that is available for immediate use, available for later use, or to be developed for later use. (2) An operator must not offer for sale or sell a lot under subsection (1) unless the terms of the contract respecting the sale of that lot specify that the lot purchased is to be developed for later use, and the earliest date on which the lot will be available for use. (3) The sale of a lot is governed by the bylaws of the cemetery, mausoleum or columbarium, and the terms and conditions of the contract of sale. (4) The operator must provide a copy of the contract of sale to the purchaser. (5) If a copy of the contract of sale is not given to the purchaser at the time the contract is signed by the purchaser, or delivered or sent by registered mail to the purchaser within 7 days after the contract is signed by the purchaser, the contract may be cancelled by the purchaser, without penalty and with a full refund from the date the contract is signed by the purchaser until 30 days after the date of receipt of the copy of the contract, by delivering or sending by registered mail to the operator at the operator's business premises, a notice of cancellation. (6) If the contract of sale is solicited, negotiated or concluded at a place other than the operator's business premises, the purchaser may, from the date the contract is signed by the purchaser until 7 days after the date of receipt of a copy of the contract, cancel the contract without penalty and with a full refund by delivering or sending a notice of cancellation by registered mail to the operator at the operator's business premises. (7) If, under subsection (5) or (6), the notice of cancellation is sent by registered mail, the notice is deemed to be effective at the time of mailing. (8) If an operator receives a request for cancellation under subsection (5) or (6) and the operator fails to make the required refund within 30 days after receiving the request, the purchaser may apply to the registrar for an order releasing the funds, and the registrar may order payment of the refund. (9) Subsections (5) and (6) do not apply to the sale of a lot under subsection (1) if the lot is intended to be used for an interment scheduled within 7 days after the date the contract is signed Refund policy disclosure 33. An operator must, in the contract of sale of a lot, disclose whether the purchaser has a right to a refund in respect of an unused lot and any provisions to that effect must specify the terms and conditions under which the refund will be made, the amount of refund or the percentage of the purchase price that is refundable, and 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

19 any other prescribed matter respecting the refund Notice given at mailing address 34. (1) A lot holder must provide a mailing address to the operator at the time of the purchase and must notify the operator of any change of mailing address. (2) If a notice is required to be given by an operator to a lot holder under this Act, the operator must mail or deliver the notice to the last known mailing address provided to the operator under subsection (1) Exclusions 35. (1) A lot holder does not acquire any right or interest in the roads, paths or common areas of a cemetery, mausoleum or columbarium other than as a means of access, or the gardens, structures, buildings or other property of a cemetery, mausoleum or columbarium. (2) An operator may, without the consent of a lot holder, resurvey, enlarge, diminish, replant, alter in shape or size or otherwise change all or any part or portion of the cemetery, establish, close, eliminate or otherwise modify or change the location of roads, paths or other areas allowing access to and from any lot, and lay out, plant or remove gardens, flowers, shrubs or trees in the cemetery. (3) So long as lots that have been sold are not disturbed, an operator may, without the consent of a lot holder, grant rights of way through the cemetery for any cemetery or public purposes, and Restrictions on representations erect buildings for any use connected with, incidental to or convenient for the preparation, care, disposition or interment of human remains or cremated remains, or for other cemetery purposes An operator must not offer for sale or sell a lot on a representation or inducement of resale at a profit Lot may be reclaimed 37. (1) If a lot previously sold has not been used and the lot holder with the right of interment is at least 90 years of age or, if living, would be at least 90 years of age, a period of at least 50 years has elapsed from the date the lot was sold, and the operator has been unable to locate the lot holder after having given notice in accordance with section 34 (2), 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

20 the operator may apply, as prescribed, to the registrar for permission to reclaim the lot and to sell it to another person. (2) The registrar must, within 30 days after receiving an application under subsection (1), CEMETERY AND FUNERAL SERVICES ACT [REPEALED] grant the application, with or without conditions, or reject the application, with written reasons for the rejection. (3) A contract for the sale of a lot referred to in section 32 (1) or must contain a statement setting out the provisions of subsection (1) of this section. (4) If a lot is reclaimed and sold with permission of the registrar and the lot is subsequently required for use by the lot holder with the right of interment, the operator must provide another lot of equal or greater value acceptable to the lot holder or a person referred to in section 51 (1) Leasing 38. (1) An operator of a cemetery, mausoleum or columbarium must not lease a lot or lots to any person. (2) Despite the terms and conditions of any contract entered into before February 9, 1990 that purports to lease a lot, an operator must, wherever practicable, comply with the requirements of this Act and any directions issued by the registrar Rectifying errors 39. (1) If an error is made in the contract of sale, description or transfer of a lot and the lot is unavailable, the operator must amend the contract to provide another lot of equal or greater value and similar location acceptable to the lot holder or a person referred to in section 51 (1), or cancel the contract and refund the full amount of money paid plus accrued interest at a prescribed rate. (2) Despite Part 6, if an error is made and human remains are interred in the wrong lot, the operator must disinter the human remains from the wrong lot and inter them in the correct lot, if available, or if the correct lot is not available, disinter the human remains from the wrong lot and inter them in a lot acceptable to a person referred to in section 51 (1). (3) Within 30 days after the disinterment and interment of human remains under subsection (2), the operator must notify the registrar of the disinterment and interment. (4) If the parties fail to agree on a settlement under subsection (1) or (2), either party may apply to the registrar who may resolve the matter in any way the registrar considers appropriate in the circumstances Transfer of rights 40. (1) A lot holder may sell a lot or transfer a right of interment. (2) Despite subsection (1), a sale of a lot by a lot holder or transfer of a right of interment is not binding on an operator if transfer of the right of interment is contrary to the bylaws of the cemetery, mausoleum or columbarium. 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

21 (3) An operator may charge a prescribed fee to record a sale or transfer under subsection (1). (4) An operator may refuse to issue a certificate or other evidence of the sale of a lot by a lot holder or transfer of a right of interment until all charges, including the fee referred to in subsection (3), are fully paid Records 41. (1) An operator must keep a record of each interment or cremation, showing (d) the name of the deceased, the date and location of interment or the date of cremation and disposition of the cremated remains, the name and mailing address of a next of kin of the deceased or other person having some relationship with the deceased, and any other prescribed information. (2) The operator must keep a record of the sale of each lot sold by the operator, and if the operator has notice, the sale of the lot by a lot holder or transfer of the right of interment Part 4: Division 3 Maintenance and Care Fund Provisions Maintenance and care funds 42. (1) An operator who does not have a care fund must, within 90 days after the end of the operator's fiscal year, submit to the registrar a report as prescribed setting out the method of providing for the long term care and maintenance of the lots sold and the cemetery, mausoleum or columbarium of which they form a part. (2) On receiving the report under subsection (1), the registrar may order the operator to establish a maintenance fund or a care fund on terms and conditions the registrar may specify, waive the requirement for a maintenance fund or care fund if, in the opinion of the registrar, a maintenance fund or care fund is not required, or order the operator to convert a maintenance fund to a care fund. (3) An operator that is not required to establish a maintenance fund or care fund must, at the operator's own expense, provide reasonable care and maintenance of the cemetery, mausoleum or columbarium until the registrar makes an order under subsection (2). (4) An operator that is required under subsection (2) to establish a maintenance fund must keep the maintenance fund separate and distinct from all other funds. (5) An operator that is required under subsection (2) or to establish a maintenance fund or care fund must make deposits to that fund in the prescribed amounts Care fund requirements 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

22 43. (1) A care fund must be held in trust and administered by a savings institution in British Columbia in accordance with a written care fund trust agreement between the savings institution and the operator. (2) The parties to a care fund trust agreement must file a copy of the agreement within 30 days after its execution by both parties to the agreement. (3) The care fund trust agreement must provide for the administration and use of care fund money as prescribed. (4) A savings institution is not liable to any person for a payment made out of the net income of a care fund if the payment was made in compliance with a statement of expenses received from an operator evidencing the amount the operator has spent for care and maintenance unless the savings institution knew or ought to have known that the statement of expenses was not accurate. (5) Any amendment to a care fund trust agreement, including a change in the trustee of the care fund, has no effect until the amendment is filed with the registrar. (6) If a cemetery, mausoleum or columbarium ceases operation, is abandoned or, in the opinion of the registrar, is in financial difficulty, the registrar may, on written notice to the savings institution holding and administering the care fund for the cemetery, mausoleum or columbarium, order that the care fund be transferred from the savings institution to the registrar, to be held and administered by the registrar as trustee of the care fund Funds exempt from seizure (SUB) Feb 28/ (1) Despite any other Act but subject to section 43 (6), the maintenance fund, the care fund and any money held by an operator for deposit to the maintenance fund or care fund is not available to satisfy the liabilities of an operator or trustee, and is not subject to seizure under any legal process. (2) Despite subsection (1), interest and dividend income earned by a maintenance fund or care fund is available in respect of the liabilities of the operator arising out of care and maintenance services provided by any person Investment restriction 45. (1) No part of a maintenance fund or care fund may be invested in securities of a corporation, loaned to a person, or used as security or collateral against any loans, borrowings or undertakings of a person that owns or operates a cemetery, mausoleum, columbarium, crematorium, funeral home or memorial works. (2) No part of a maintenance fund or care fund may be loaned to a director or officer of any corporation referred to in subsection (1). (3) If any part of a maintenance fund does not comply with subsections (1) and (2), the operator must, within 12 months after February 9, 1990, dispose of the prohibited loan, investment or use. (4) The provisions of the Trustee Act respecting the investment of trust property by a trustee apply to care funds. (5) 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg. 2274/2004)]

23 All securities purchased by the trustee of a care fund must be held in the name of that care fund. (6) If any part of a care fund does not comply with subsections (1) and (2), the trustee must, within 5 years after February 9, 1990, dispose of the prohibited loan, investment or use unless within the 5 year period the circumstances that caused the loan, investment or use to be prohibited are changed to the extent that the loan, investment or use is no longer prohibited. (7) If there is noncompliance with subsection (6), the registrar may order that the care fund trust agreement be cancelled, and the care fund must be transferred to the control of the registrar as trustee. (8) On transfer of control of the care fund to the registrar under subsection (7), the registrar must dispose of any prohibited loan or investment as soon as practicable and require the operator to enter into a new care fund trust agreement with another savings institution in British Columbia, or require the operator to enter into a new care fund trust agreement with another savings institution in British Columbia on terms and conditions the registrar may specify. (9) On execution of the new care fund trust agreement between the operator and the savings institution under subsection (8), the registrar must transfer control of the care fund to the savings institution ; Audit of maintenance fund and care fund 46. (1) The registrar may audit or designate a person to audit a maintenance fund or care fund, or require an operator to have the operator's maintenance fund or care fund audited. (2) Every operator that establishes a maintenance fund or care fund must, in a manner satisfactory to the registrar, maintain records that will facilitate an audit of each maintenance fund and care fund Contravention of trust requirements CEMETERY AND FUNERAL SERVICES ACT [REPEALED] 47. (1) If the registrar believes, on reasonable and probable grounds, that trust provisions under this Act were, are or are about to be contravened, the registrar may take whatever action is required or permitted by this Act and, without limiting that power, may issue to an operator or to any person an order for compliance, order that an operator refrain from withdrawing assets from a care fund unless the registrar consents in writing to the release of all or part of them, or order that, until further notice, all assets of a care fund investigated by a person appointed under section 125 be frozen. (2) If an order of the registrar under subsection (1) is not obeyed, the registrar may make an application to the court for an order directing compliance, and the court may make any order it considers proper. (3) An application to the court under subsection (2) is deemed to be sufficient proof of a case of urgency under the Rules of Court [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]

24 PART 5 Disposition of Human Remains Proper disposition of human remains 48. A person must not dispose of human remains at any place in British Columbia other than Transportation and storage (AM) Dec 19/02 (AM) Jul 28/00 (SUB) Jul 28/00 (SUB) May 29/03 in a cemetery or mausoleum, by cremation, or as prescribed. 49. If human remains are Burial permit required transported to a funeral home, cemetery, mausoleum or crematorium, or stored while awaiting preparation, interment or cremation, a person must not handle or care for the human remains other than in a respectful manner A person must not inter or cremate human remains unless the human remains are accompanied by a burial permit issued by a vital statistics registrar under the Vital Statistics Act ; Control of disposition 51. (1) The right of a person to control the disposition of the human remains or cremated remains of a deceased vests in and devolves on that person in the following order of priority: the personal representative named in the will of the deceased; if living with the deceased at the time of death, a person who (d) (e) (f) (g) (h) (i) (i) was married to the deceased, or (ii) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; an adult child of the deceased; a parent of the deceased; an adult brother or sister of the deceased; an adult nephew or niece of the deceased; an adult next of kin of the deceased determined on the basis provided by sections 89 and 90 of the Estate Administration Act; 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; an adult person having some relationship with the deceased not based on blood ties or affinity. 45 [REPEALED July 4, 2004 by 2004 Bill 3 (B.C. Page Reg /2004)]