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"Point in Time" Regulation Content

Cremation, Interment and Funeral Services Act

Cremation, Interment and Funeral Services Regulation

B.C. Reg. 298/2004

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 February 5, 2021
Section 3 June 14, 2019
Section 12 March 30, 2022
Section 17 February 5, 2021
Section 18 March 30, 2022
Section 28 March 30, 2022
Section 31 March 30, 2022
Section 32 April 1, 2016
Section 33 June 14, 2019
Section 34 April 1, 2016
Section 35 March 30, 2022
Section 36.1 June 14, 2019
Section 37 April 1, 2016
March 30, 2022
Section 38 March 30, 2022
Section 42 March 30, 2022

 Section 1 (1) definition of "geoscientist" BEFORE repealed by BC Reg 11/2021, effective February 5, 2021.

"geoscientist" means a person who is registered or licensed as a professional geoscientist under the Engineers and Geoscientists Act;

 Section 1 (1) definition of "professional geoscientist" was added by BC Reg 11/2021, effective February 5, 2021.

 Section 1 (1) definition of "professional engineer" BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

"professional engineer" means a person who is registered or licensed as a professional engineer under the Engineers and Geoscientists Act.

 Section 3 (2) (a) BEFORE amended by BC Reg 121/2019, effective June 14, 2019.

(2) On request, the director may

(a) issue a permit authorizing a person to transfer, other than in the course of the person's business, human remain in the manner described in subsection (1), and

 Section 12 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) A person who is an operator, a funeral provider or a memorial dealer must clearly state his or her business address, in all directories, and advertising and marketing materials.

 Section 17 (d) BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

(d) a report on the site by a professional engineer or geoscientist that includes

(i) a description of the site and the drainage of the site in respect to adjoining property and the soil conditions and underlying rock formations of the site, and

(ii) an assessment by the professional engineer or geoscientist of the suitability of the site to be used as the proposed place of interment and a recommendation about the site's suitability for this use;

 Section 18 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

18   An applicant for a licence to act as or hold himself, herself or itself out as an operator of a place of interment must submit the following to the director:

 Section 28 (1) (part) and (3) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) An applicant for a licence to act as or hold himself, herself or itself out as an operator of the crematorium must submit to the director a document

(3) An applicant for a licence to act as or hold himself, herself or itself out as an operator of a crematorium must submit the following to the director:

 Section 31 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

31   An applicant for a licence to act as or hold himself, herself or itself out as a funeral provider must submit to the director,

 Section 32 (3) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(3) If a funeral provider disinfects, preserves or restores human remains, the funeral provider must also ensure that the room referred to in subsection (1) is equipped with

(a) a second sink, or the sink referred to in subsection (1) must have two compartments,

(b) a continuous flow eyewash facility with a minimum duration of 15 minutes,

(c) supplies necessary for the disinfection, preservation and restoration of human remains performed by the funeral provider, and

(d) sanitary drains for the disposal of bodily fluids and embalming fluids, that are equipped with splash guards and a backflow valve.

 Section 33 (1) (a) BEFORE amended by BC Reg 121/2019, effective June 14, 2019.

(a) maintain public liability insurance,

 Section 34 (3) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(3) A funeral provider must ensure that, for each container and model of a container referred to in subsection (3), the price of the container is clearly set out and is affixed to the container.

 Section 35 (1) (part), (2) (part) and (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) Subject to subsection (4), an applicant for a licence to act as or hold himself or herself out as a funeral director must submit to the director

(2) Subject to subsection (4), an applicant for a licence to act as or hold himself or herself out as an embalmer must submit to the director

(3) Subject to subsection (4), a person may apply for a licence to act as or hold himself or herself out as both a funeral director and an embalmer if the person complies with both subsections (1) and (2).

 Section 36.1 was enacted by BC Reg 121/2019, effective June 14, 2019.

 Section 37 (2) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(2) For the purposes of this section, an apprentice to a funeral director or an embalmer is working under direct supervision when a licensed funeral director or a licensed embalmer, as the case may be, is present at the time the apprentice is assisting with, or performing the duties of, a funeral director or an embalmer.

 Section 37 (2.1) was added by BC Reg 44/2016, effective April 1, 2016.

 Section 37 (3) (e) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(e) a statement signed by the licensed funeral director or licensed embalmer who is to provide the direct supervision of the applicant, agreeing to perform this role.

 Section 37 (4) (part) and (4) (b) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(4) A letter referred to in subsection (2) (d) from a funeral provider must state the following:

(b) the funeral provider agrees to ensure that

(i) if the applicant is to be an apprentice to a funeral director, the applicant is working under the direct supervision of a licensed funeral director,

(ii) if the applicant is to be an apprentice to an embalmer, the applicant is working under the direct supervision of a licensed embalmer, and

(iii) if the applicant is to be an apprentice to both a funeral director and an embalmer, the applicant is working under the direct supervision of a licensed funeral director, when performing functions of a funeral director and a licensed embalmer when performing functions of an embalmer;

 Section 37 (6) (b) and (c) BEFORE amended by BC Reg 44/2016, effective April 1, 2016.

(b) if performing functions of a funeral director perform those functions only under the direct supervision of a licensed funeral director, and

(c) if performing the functions of an embalmer, perform those functions only under the direct supervision of a licensed embalmer.

 Section 37 (3) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) An applicant for a licence to act as or hold himself or herself out as an apprentice to a funeral director or an embalmer or both must submit to the director

 Section 38 (1) (sandwich text) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

during each successive 2 year period where the first 2 year period commences on the date the person first received his or her licence to act as a funeral director or an embalmer or both in the Province.

 Section 42 (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(3) At the time an embalmer, funeral director or an apprentice to an embalmer or a funeral director cease to provide embalmer or funeral director services or ceases to be an apprentice, the embalmer, funeral director or apprentice must return his or her licence to the director.