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CREMATION, INTERMENT AND FUNERAL SERVICES ACT CHAPTER 35 [SBC 2004] [includes 2017 Bill 9, c. 10 amendments (effective November 2, 2017)] Contents PART 1 Definitions 1. Definitions PART 2 General Duties 2. Employees, agents and other persons 3. Records to be kept PART 3 Disposition of Human Remains and Cremated Remains 4. Prohibitions on improper disposition of human remains 5. Control of disposition of human remains or cremated remains 6. Disposition to be in accordance with preference of deceased 7. Disposition requirements for donated human remains 8. Requirement for authorization before funeral services or disposition 9. Protection from liability 10. Operator or funeral provider may require visual identification of remains 11. Containers for interment or cremation 12. Presenting human remains for cremation 13. Time frames for cremation 14. Prohibition on sales, and offers of sale, of arrangements relating to cryonics and irradiation 15. Prohibition of commission or bonus PART 4 Exhumation, Disinterment and Removal of Human Remains 16. Exhumation and disinterment 17. Transportation of human remains after exhumation or disinterment 18. Funeral provider required 19. Prohibition on removal of remains 20. Intervention by court PART 5 Establishment and Enlargement of Places of Interment 21. Interpretation 22. Crown land 23. Certificate of public interest needed 24. Application for certificate of public interest 25. Registration in Land Title Office 35 [SBC 2004] Page 2 of 40 Quickscribe Services Ltd.
PART 6 Use or Transfer of Ownership or Interest in a Place of Interment 26. Use of land restricted 27. Sale, lease or encumbrance of land restricted PART 7 Care Funds 28. Establishment of care fund 29. Requirements on trustee of care funds 30. Requirements for audit of care fund and maintenance of relevant records 31. Transfer of care fund 32. Use of care funds 33. Seizure of care funds by creditors 34. Liability of savings institution for payments from care funds 35. Dealings with care funds if cemeteries abandoned or in financial difficulty 36. Requirements for operators that do not have care fund PART 8 Operation of Places of Interment 37. Local government operations 38. Board of trustees 39. Requirements for bylaws 40. Exemption or modification of bylaws 41. Installation of memorials 42. Subdivisions made by operator 43. Rectification of errors relating to interment 44. Prerequisites to cease selling rights of interment 45. Notice required if war graves proposed to be affected 46. Exemption of operator from liability and conferral of certain powers PART 9 Prohibitions on Activities in Places of Interment and Crematoriums 47. Prohibition on interference 48. Prohibition on disturbances 49. Prohibitions on being in certain places in cemeteries at certain times PART 10 Conversion and Closure of Places of Interment 50. Definition 51. Prerequisites for conversion of place of interment 52. Granting approval to change use of place of interment 53. Obligations on operator after approval granted PART 11 Application of Business Practices and Consumer Protection Act 54. Interpretation 55. Application of Part 9 licences 56. Application of Divisions 1 to 3 of Part 10 inspections and enforcement 57. Filing undertakings and orders in Supreme Court 58. Application of Part 10 administrative penalties and court proceedings 59. Application of Part 11 administration 35 [SBC 2004] Page 3 of 40 Quickscribe Services Ltd.
60. Application of Division 1 of Part 12 reconsiderations PART 12 Offences and Penalties 61. Offences 62. Offence penalties 63. Limitation period PART 13 Confidentiality, Service and Proof 64. Confidentiality 65. How to give or serve documents generally 66. When documents are considered to have been received 67. Certificate as proof of ministerial consent or appointment PART 14 Power to Make Regulations 68. General power to make regulations Part 15 Transitional Provisions, Repeals and Consequential Amendments Transitional Provisions 69. Definition 70. Transitional persons acting under former Act 71. Transitional certificates, permits and licences issued under former Act 72. Transitional enforcement 73. Transitional care funds 74. Transitional regulations 75. 75. to 99. Spent 100. Commencement 35 [SBC 2004] Page 4 of 40 Quickscribe Services Ltd.
PART 1 Definitions Definitions 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) ; "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 human remains, and 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 an infant who is stillborn, or 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: negotiates or enters into funeral contracts; arranges, conducts or directs bereavement rites and ceremonies; arranges for the interment or cremation of human remains; (d) (e) transfers human remains or directs or supervises the transfer of human remains; 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 35 [SBC 2004] Page 5 of 40 Quickscribe Services Ltd.
(d) arrangements and services related to the interment or cremation of human remains, care and preparation of human remains for purposes related to paragraph, bereavement rites and ceremonies, and the supply of goods incidental to and as part of the arrangements, services, care, preparation and bereavement rites and ceremonies referred to in paragraphs to, but does not include the sale of rights of interment or the disposition of human remains by interment or cremation; "human remains" means a dead human body in any stage of decomposition, or 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 burial of human remains or cremated remains, entombment of human remains, or 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 in a place of interment, and 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 interior or exterior crypts designed for the entombment of human remains, or both interior or exterior crypts designed for the entombment of human remains and niches for the inurnment of cremated remains; "memorial" means a tombstone, monument, plaque or other marker on a grave or plot, or 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 offers for sale or sells memorials to the public, or 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; "spouse" means a person who is married to another person, or 35 [SBC 2004] Page 6 of 40 Quickscribe Services Ltd.
(REP) Mar 18/13 (SUB) Mar 18/13 Repealed. [2011-25-320 (B.C. Reg. 131/2012)] has lived with another person in a marriage-like relationship for a period of at least 2 years immediately before the other person's death; "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). 2004-35-1; 2011-25-320 (B.C. Reg. 131/2012). 35 [SBC 2004] Page 7 of 40 Quickscribe Services Ltd.
Employees, agents and other persons PART 2 General Duties 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. Records to be kept (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. 2004-35-2. 3. An operator and a funeral provider must maintain records of a prescribed category in accordance with requirements established by regulation. 2004-35-3. 35 [SBC 2004] Page 8 of 40 Quickscribe Services Ltd.
PART 3 Disposition of Human Remains and Cremated Remains Prohibitions on improper disposition of human remains (AM) Mar 18/13 (AM) Mar 31/14 (SUB) Mar 31/14 4. Subject to the regulations, a person must not dispose of human remains at any place in British Columbia other than by interment in or on land against which there is a certificate of public interest registered, by cremation in a crematorium, or by interment in or on crown land that is reserved under the Land Act for interment purposes. 2004-35-4. Control of disposition of human remains or cremated remains 5. (1) Subject to this section and section 8 (3) (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: the personal representative named in the will of the deceased; the spouse of the deceased; an adult child of the deceased; (d) (e) (f) (g) (h) (i) (j) (k) an adult grandchild of the deceased; if the deceased was a minor, a person who was a guardian who had care and control of the deceased at the date of death; a parent of the deceased; an adult sibling 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 section 23 (5) of the Wills, Estates and Succession Act; the minister under the Employment and Assistance Act, or if the Public Guardian and Trustee is administering the estate of the deceased under the Wills, Estates and Succession Act, the Public Guardian and Trustee; an adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs 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 is determined in accordance with an agreement between or among them, or in the absence of an agreement referred to in paragraph, 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 35 [SBC 2004] Page 9 of 40 Quickscribe Services Ltd.
to (d) the feelings of those related to, or associated with, the deceased, giving particular regard to the spouse of the deceased, 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, any reasonable directions given by the deceased respecting the disposition of his or her human remains or cremated remains, and 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). 2004-35-5; 2011-25-321 (B.C. Reg. 131/2012); 2009-13-211 (B.C. Reg. 148/2013). Disposition to be in accordance with preference of deceased 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 the preference is stated in a will or preneed cemetery or funeral services contract, compliance with the preference is consistent with the Human Tissue Gift Act, and compliance with the preference would not be unreasonable or impracticable or cause hardship. 2004-35-6. Disposition requirements for donated human remains 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 within a reasonable time after they are no longer required by the recipient, and CREMATION, INTERMENT AND FUNERAL SERVICES ACT 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. 2004-35-7. Requirement for authorization before funeral services or disposition 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. 35 [SBC 2004] Page 10 of 40 Quickscribe Services Ltd.
(AM) Mar 31/09 (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 the operator is authorized to do so under the Vital Statistics Act, and the operator (i) is ordered to do so by a medical health officer under the Public 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. 2004-35-8; 2008-28-133 (B.C. Reg. 49/2009). Protection from liability 9. If 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 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. 2004-35-9. Operator or funeral provider may require visual identification of remains (SUB) Mar 31/09 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 by the person providing authorization under section 8 [requirement for authorization before funeral services or disposition] for the disposition of the human remains, or by another person who is qualified to identify the human remains. 2004-35-10. Containers for interment or cremation 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 Presenting human remains for cremation 12. is supplied by a person other than the operator and the funeral provider, and meets the requirements of the regulations and any requirements under the Public Health Act. 2004-35-11; 2008-28-134 (B.C. Reg. 49/2009). 35 [SBC 2004] Page 11 of 40 Quickscribe Services Ltd.
(AM) Mar 31/09 A person must not present human remains for cremation unless the remains are enclosed in a container that is of sufficient strength to hold and conveniently transfer the remains, Time frames for cremation prevents the remains from posing a health hazard, and meets the requirements set out in the regulations. 2004-35-12. 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 Public 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. 2004-35-13; 2008-28-133 (B.C. Reg. 49/2009). Prohibition on sales, and offers of sale, of arrangements relating to cryonics and irradiation 14. A person must not offer for sale, or sell, an arrangement for the preservation or storage of human remains that is based on cryonics, irradiation, or 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. 2004-35-14. Prohibition of commission or bonus 15. (1) In this section, "provider" means (d) (e) CREMATION, INTERMENT AND FUNERAL SERVICES ACT an operator, a funeral provider, a memorial dealer, a society established for the purpose of making available funeral services or cemetery services or both to its members, or 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: recommending that human remains be, or causing human remains to be, (i) (ii) directed to a particular funeral provider, or disposed of at a particular cemetery, mausoleum or crematorium; 35 [SBC 2004] Page 12 of 40 Quickscribe Services Ltd.
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) does not prohibit or restrict the use of sales literature or other advertising media, or the ordinary business relationships between providers. 2004-35-15. 35 [SBC 2004] Page 13 of 40 Quickscribe Services Ltd.
PART 4 Exhumation, Disinterment and Removal of Human Remains Exhumation and disinterment 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 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, a director approves the exhumation or disinterment, and 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 the information required by the director, in the form and manner required by the director, and the fee required by the regulations. (4) Subsection (2) and does not apply if human remains are to be exhumed or disinterred on the authority of an order of a court, or under the Coroners Act. (5) Subsection (2) does not apply if human remains are to be disinterred from one lot and interred in another lot in the same cemetery or mausoleum. 2004-35-16. Transportation of human remains after exhumation or disinterment 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. 2004-35-17. Funeral provider required 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. 2004-35-18. Prohibition on removal of remains 35 [SBC 2004] Page 14 of 40 Quickscribe Services Ltd.
(AM) Mar 31/09 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 in accordance with this Act, the Vital Statistics Act, the Human Tissue Gift Act, the Coroners Act, the Public Health Act and regulations under those Acts, for the purposes of research or teaching at (i) a museum in the province, or (ii) a department of a university or college, or for re-interment, if the museum or department referred to in paragraph, 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 this Act, the Coroners Act and the regulations under those Acts, or a permit or an order under the Heritage Conservation Act. 2004-35-19; 2008-28-133 (B.C. Reg. 49/2009). Intervention by court 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 the feelings of those related to or associated with the deceased, with particular regard to the feelings of the spouse of the deceased, 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, 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. 2004-35-20. 35 [SBC 2004] Page 15 of 40 Quickscribe Services Ltd.
PART 5 Establishment and Enlargement of Places of Interment Interpretation 21. In this Part, "designated area" means the area within a municipality or a regional district. 2004-35-21. Crown land 22. This Part does not apply to Crown land as defined in the Land Act. 2004-35-22. Certificate of public interest needed 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 establish a place of interment on the land, or Application for certificate of public interest enlarge the area of land being used as a cemetery or housing a mausoleum or columbarium. 2004-35-23. 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 the information required by the director, in the form and manner required by the director, and 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 issue, amend and cancel a certificate of public interest, and 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 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 in which the municipal council, the regional board or the local trust committee, as 35 [SBC 2004] Page 16 of 40 Quickscribe Services Ltd.
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 may consider all matters that in the opinion of the director are relevant, and 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. 2004-35-24. Registration in Land Title Office 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 is signed by the director, CREMATION, INTERMENT AND FUNERAL SERVICES ACT sets out a description of the land to which the certificate relates, and all other prescribed information, and 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. 2004-35-25. 35 [SBC 2004] Page 17 of 40 Quickscribe Services Ltd.
PART 6 Use or Transfer of Ownership or Interest in a Place of Interment Use of land restricted 26. (1) An operator may use a place of interment only 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 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. 2004-35-26. Sale, lease or encumbrance of land restricted 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: transfer ownership of, or an interest in, the land or otherwise encumber the land; 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 the information required by the director, in the form and manner required by the director, and the information, fees and other payments required by the regulations. (5) Subject to this section, a director may permit an applicant to transfer ownership of, or an interest in, the land or otherwise encumber the land, impose conditions in respect of the permission, and amend or revoke conditions imposed under paragraph. (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. 2004-35-27. 35 [SBC 2004] Page 18 of 40 Quickscribe Services Ltd.
Establishment of care fund PART 7 Care Funds 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 as a trust account with a savings institution in British Columbia, by entering into a trust agreement with the savings institution that includes the types of terms prescribed, and in accordance with the regulations. (6) Subsection (5) and 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. 2004-35-28. Requirements on trustee of care funds 29. (1) A savings institution is the trustee of a care fund established with it and must administer the care fund in accordance with the regulations, and subject to paragraph, 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. 35 [SBC 2004] Page 19 of 40 Quickscribe Services Ltd.
2004-35-29. Requirements for audit of care fund and maintenance of relevant records 30. (1) A director may Transfer of care fund audit a care fund, or 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. 2004-35-30. 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. 2004-35-31. Use of care funds 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. 2004-35-32. Seizure of care funds by creditors 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 is not available to satisfy the liabilities of the operator of the care fund, and is not subject to any process of garnishment, attachment, execution or seizure by a creditor. 2004-35-33. Liability of savings institution for payments from care funds 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 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 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 35 [SBC 2004] Page 20 of 40 Quickscribe Services Ltd.
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) was not accurate or complete. 2004-35-34. Dealings with care funds if cemeteries abandoned or in financial difficulty 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. 2004-35-35. Requirements for operators that do not have care fund 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 provide a reasonable level of care and maintenance of the place of interment at the operator's own expense, and 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. 2004-35-36. 35 [SBC 2004] Page 21 of 40 Quickscribe Services Ltd.
(AM) Nov 02/17 (AM) Jan 01/16 PART 8 Operation of Places of Interment Local government operations 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 Board of trustees incorporate a company, subject to section 265 of the Local Government Act, establish itself as a board of trustees, or 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 incorporate a company, subject to section 265 of the Local Government Act, or appoint a board of trustees to own or operate the place of interment or crematorium. 2004-35-37; RS2015-1-RevSch (B.C. Reg. 257/2015); 2017-10-12. 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. 2004-35-38. Requirements for bylaws 39. (1) An operator of a place of interment 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 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 must make bylaws respecting (i) the organization, operation and management of the crematorium, and 35 [SBC 2004] Page 22 of 40 Quickscribe Services Ltd.
(ii) the rights, privileges and responsibilities of the operator, persons who attend at the crematorium and suppliers in respect of the crematorium, and 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 if the director requests the operator to do so, or 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 require the bylaw to be repealed by a specified date, (d) require the bylaw to be varied in accordance with instructions issued to the operator by the director, require the operator to comply with the bylaw or apply the bylaw in the manner specified by the director, or 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. 2004-35-39. Exemption or modification of bylaws 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. 2004-35-40. Installation of memorials 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) 35 [SBC 2004] Page 23 of 40 Quickscribe Services Ltd.
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. 2004-35-41. Subdivisions made by operator 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. 2004-35-42. Rectification of errors relating to interment 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 CREMATION, INTERMENT AND FUNERAL SERVICES ACT 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 within 30 days after the re-interment referred to in paragraph, 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) (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. 2004-35-43. Prerequisites to cease selling rights of interment 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 35 [SBC 2004] Page 24 of 40 Quickscribe Services Ltd.
the director: the methods that the operator intends to adopt to ensure the long term care and maintenance of the place of interment; the way the operator intends to use the income from any care fund; (d) the methods that the operator intends to adopt to ensure continued access to records of interment and rights of interment; the way the operator intends to provide for the interment of the human remains or cremated remains of all interment right holders. 2004-35-44. Notice required if war graves proposed to be affected 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 in respect of which the Commission or Department is an interment right holder, that is provided by the Commission or Department, or that is the responsibility of the Commission or Department. 2004-35-45. Exemption of operator from liability and conferral of certain powers 46. (1) An operator may remove any object in or on the place of interment if, in the operator's opinion, the object has been placed there in contravention of the bylaws respecting the place of interment, is dangerous, (d) CREMATION, INTERMENT AND FUNERAL SERVICES ACT impedes the care or maintenance of the place of interment, or 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) or (d) in respect of any object placed on a lot, the operator must 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 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 add and alter buildings, structures, rights of way, access routes to lots, or grounds in the place of interment, and close or eliminate buildings, structures and rights of way and access to lots in the place of interment. 2004-35-46. 35 [SBC 2004] Page 25 of 40 Quickscribe Services Ltd.