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“Point in Time” Act Content

CREMATION, INTERMENT AND FUNERAL SERVICES ACT

[SBC 2004] CHAPTER 35

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1March 18, 2013
5March 18, 2013
 March 31, 2014
 March 30, 2023
 March 30, 2023
6March 30, 2023
8March 31, 2009
11March 31, 2009
13March 31, 2009
15March 30, 2023
19March 31, 2009
27March 30, 2023
37January 1, 2016
 January 1, 2016
 November 2, 2017
55March 30, 2023
65November 2, 2017
66November 2, 2017
74July 3, 2006

  Section 1 (1) definition of "spouse" BEFORE amended by 2011-25-320, effective March 18, 2013 (BC Reg 131/2012).

"spouse" means a person who

(a) is married to another person,

(b) is united to another person by a marriage that, although not a legal marriage, is valid at common law, or

(c) has lived and cohabited with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years immediately before the other person's death;

  Section 5 (1) (e) BEFORE amended by 2011-25-321, effective March 18, 2013 (BC Reg 131/2012).

(e) if the deceased was a minor, a person who was a legal guardian of the person of the deceased at the date of death;

  Section 5 (1) (i) and (j) BEFORE amended by 2009-13-211, effective March 31, 2014 (BC Reg 148/2013).

(i) an adult next of kin of the deceased, determined on the basis provided by sections 89 and 90 of the Estate Administration Act;

(j) the minister under the Employment and Assistance Act or, if the official administrator under the Estate Administration Act is administering the estate of the deceased under that Act, the official administrator;

  Section 5 (4) BEFORE amended by 2023-10-146(a), effective March 30, 2023 (Royal Assent).

(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.

  Section 5 (5) (c) BEFORE amended by 2023-10-146(b), effective March 30, 2023 (Royal Assent).

(c) any reasonable directions given by the deceased respecting the disposition of his or her human remains or cremated remains, and

  Section 6 (part) BEFORE amended by 2023-10-147, effective March 30, 2023 (Royal Assent).

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

  Section 8 (3) (b) (i) BEFORE amended by 2008-28-133, effective March 31, 2009 (BC Reg 49/2009).

(i)  is ordered to do so by a medical health officer under the Health Act, or

  Section 11 (b) BEFORE amended by 2008-28-134, effective March 31, 2009 (BC Reg 49/2009).

(b) meets the requirements of the regulations and the Health Act regulations.

  Section 13 (1) BEFORE amended by 2008-28-133, effective March 31, 2009 (BC Reg 49/2009).

(1)  An operator of a crematorium must not cremate human remains within 48 hours after the time of death unless the operator is ordered to do so by a medical health officer under the Health Act.

  Section 15 (2) (part) BEFORE amended by 2023-10-148, effective March 30, 2023 (Royal Assent).

(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:

  Section 19 (1) (a) BEFORE amended by 2008-28-133, effective March 31, 2009 (BC Reg 49/2009).

(a) in accordance with this Act, the Vital Statistics Act, the Human Tissue Gift Act, the Coroners Act, the Health Act and regulations under those Acts,

  Section 27 (8) BEFORE amended by 2023-10-149, effective March 30, 2023 (Royal Assent).

(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.

  Section 37 (2) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) incorporate a company subject to section 195 of the Local Government Act,

  Section 37 (3) (a) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].

(a) incorporate a company, subject to section 195 of the Local Government Act, or

  Section 37 (2) (a) BEFORE amended by 2017-10-12, effective November 2, 2017 (Royal Assent).

(a) incorporate a company subject to section 265 of the Local Government Act,

  Section 55 (1) (part) and (6) BEFORE amended by 2023-10-150, effective March 30, 2023 (Royal Assent).

(1) Subject to subsection (5), a person must not act as or hold himself, herself or itself out as any of the following, unless the person is licensed under subsection (2) for that purpose or is exempt by regulation from the requirement to be licensed:

(6) An apprentice may act as or hold himself or herself out as an apprentice to a funeral director or an embalmer only if the apprentice is acting under the supervision and direction of a funeral director or an embalmer, as the case may be.

  Section 65 (b) (iii) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).

(iii) by leaving a copy in a mail box or mail slot for the address at which that person carries on business,

  Section 66 (b) BEFORE amended by 2017-10-61,Sch 2, effective November 2, 2017 (Royal Assent).

(b) if given or served by leaving a copy in a mail box or mail slot, on the 3rd day after it is left;

  Section 74 (1) to (4) BEFORE repealed by 2004-35-74(5), effective July 3, 2006 [2 years after coming into force of s. 75].

(1)  The Lieutenant Governor in Council may make regulations respecting the renewal of a licence of a person deemed to have a licence under section 71 (2) or (4) [transitional certificates, permits and licences issued under former Act] who does not meet the criteria to hold a licence under section 55 of this Act, including regulations respecting

(a) exemptions from the criteria to hold a licence under section 55 of this Act,

(b) qualifications, training and experience contrary to the criteria to hold a licence under section 55 of this Act, and

(c) additional terms and conditions to be applied to the renewed licence.

(2)  In addition to the regulation making powers under subsection (1), the Lieutenant Governor in Council may make regulations it considers necessary or advisable to bring this Act and the regulations made under it into operation and facilitate the transition to this Act from the former Act and regulations.

(3)  A regulation made under this section may be made retroactive to a date on or after the date that this section comes into force, and a regulation made retroactive is deemed to have come into force on the date specified in the regulation.

(4)  A regulation made under this section is repealed one year after the later of the date the regulation is deposited and the date the regulation comes into force.