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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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Sale of cryonics, irradiation and other kinds of arrangements forbidden | ||
Part 8 – Licensing of Funeral Providers, Funeral Directors and Embalmers |
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Part 1 – 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" means a company incorporated or continued under the Company 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) a metal or fibreglass casket,
(b) a receptacle or enclosure made of plastic or similar substance, or
(c) 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;
"interment" means disposition by
(a) burial of human remains or cremated remains in a cemetery,
(b) entombment of human remains in a mausoleum, or
(c) 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) a marker, headstone, tombstone, monument, plaque, tablet or plate on a grave or plot, or
(b) 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 and the City of Vancouver;
"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,
(a) "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
(b) a reference to this Act includes any regulations made under it.
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
(a) every director, officer, employee and agent of that operator, funeral provider, memorial dealer or memorial society, and
(b) every other person who provides or sells or offers to sell lots, cemetery services, funeral services or memorials.
3 For the purpose of this Act, a memorial society may
(a) act as the agent of its members,
(b) accept fees and commissions for services the memorial society provides to its members, and
(c) enter into contracts with any operator, funeral provider or memorial dealer on behalf of the memorial society's members.
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,
(a) is certified or licensed,
(b) has been refused a certificate of public interest, certificate of operation or licence,
(c) has had a certificate of public interest, certificate of operation or licence suspended or cancelled, or
(d) has surrendered a certificate of public interest, certificate of operation or licence.
5 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
(a) set the amount of cash reserve required under this Act,
(b) receive complaints from any person and investigate those complaints in the manner and to the extent the registrar considers necessary,
(c) 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,
(d) 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,
(e) issue, refuse to issue, suspend, cancel and impose conditions on licences for funeral providers, funeral directors or embalmers, and
(f) establish standards of operation for funeral homes.
6 (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
(a) in the performance or intended performance of any duty under this Act, or
(b) 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).
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.
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).
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.
10 An operator, funeral provider or other interested person may appeal a decision of the registrar made under section 12 (5) or 15 (4) to the Commercial Appeals Commission in accordance with the Commercial Appeals Commission Act.
Part 3 – Certificates of Public Interest and Operation
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.
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):
(a) the need for the proposed facility;
(b) the effect, if any, on the inhabitants of the locality of the proposed facility;
(c) the financial resources of the applicant and the applicant's freedom from any potentially conflicting business interests;
(d) 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;
(e) 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;
(f) whether the holder of any charge registered against the land objects to the use of the land for cemetery, mausoleum or columbarium purposes;
(g) 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.
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, signed by the registrar, setting out
(a) 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
(b) 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
(a) 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
(b) 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.
14 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.
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.
16 (1) The registrar must not issue a certificate of operation for a crematorium until
(a) the crematorium site and plans are approved by the municipality, and
(b) 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) 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
(b) the registrar issues a new or amended certificate of operation.
division 1 – Establishment of Interment Facilities
17 (1) Subject to the Agricultural Land Reserve 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
(a) selling the land to a municipality or municipalities,
(b) leasing the land to a society, or
(c) leasing the land to a board of cemetery trustees.
18 (1) If a municipality proposes to own or operate a cemetery, mausoleum, columbarium or crematorium, the council of the municipality must
(a) subject to section 195 of the Local Government Act, incorporate a company, or
(b) 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
(a) subject to section 195 of the Local Government Act, incorporate a company, or
(b) appoint a board of cemetery trustees
to own or operate the cemetery, mausoleum, columbarium or crematorium.
19 (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 18.
division 2 – Operation of Interment Facilities
20 (1) Every operator must make or adopt bylaws including, without limitation, bylaws respecting
(a) the administration and operation of the cemetery, mausoleum, columbarium or crematorium,
(b) the rights, privileges and responsibilities of the operator, lot holders and their relatives, other users, suppliers, funeral providers, memorial dealers and the general public,
(c) 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,
(a) reject it,
(b) require it to be varied in accordance with instructions issued to the operator by the registrar, or
(c) 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) (c), 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.
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 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.
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.
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.
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
(a) 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
(b) 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.
25 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.
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.
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
(a) at the time of construction or alteration complied with the laws then existing, and
(b) does not constitute a threat to public health or safety.
28 (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
(a) performed by the supplier of the memorial with the consent of the operator, or
(b) 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.
29 (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.
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.
(2) The Land Title Act and the Strata Property Act do not apply to a subdivision under subsection (1).
31 The bylaws of an operator may provide for multiple interments in the same lot.
32 (1) An operator may sell a lot that is
(a) available for immediate use,
(b) available for later use, or
(c) to be developed for later use.
(2) An operator must not offer for sale or sell a lot under subsection (1) (c) unless the terms of the contract respecting the sale of that lot specify
(a) that the lot purchased is to be developed for later use, and
(b) the earliest date on which the lot will be available for use.
(3) The sale of a lot is governed by
(a) the bylaws of the cemetery, mausoleum or columbarium, and
(b) 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
(a) given to the purchaser at the time the contract is signed by the purchaser, or
(b) 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) (a) if the lot is intended to be used for an interment scheduled within 7 days after the date the contract is signed.
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
(a) the terms and conditions under which the refund will be made,
(b) the amount of refund or the percentage of the purchase price that is refundable, and
(c) any other prescribed matter respecting the refund.
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).
35 (1) A lot holder does not acquire any right or interest in
(a) the roads, paths or common areas of a cemetery, mausoleum or columbarium other than as a means of access, or
(b) the gardens, structures, buildings or other property of a cemetery, mausoleum or columbarium.
(2) An operator may, without the consent of a lot holder,
(a) resurvey, enlarge, diminish, replant, alter in shape or size or otherwise change all or any part or portion of the cemetery,
(b) establish, close, eliminate or otherwise modify or change the location of roads, paths or other areas allowing access to and from any lot, and
(c) 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,
(a) grant rights of way through the cemetery for any cemetery or public purposes, and
(b) 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.
36 An operator must not offer for sale or sell a lot on a representation or inducement of resale at a profit.
37 (1) If a lot previously sold has not been used and
(a) 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,
(b) a period of at least 50 years has elapsed from the date the lot was sold, and
(c) the operator has been unable to locate the lot holder after having given notice in accordance with section 34 (2),
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),
(a) grant the application, with or without conditions, or
(b) reject the application, with written reasons for the rejection.
(3) A contract for the sale of a lot referred to in section 32 (1) (b) or (c) 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).
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.
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
(a) 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
(b) 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
(a) disinter the human remains from the wrong lot and inter them in the correct lot, if available, or
(b) 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) (b), either party may apply to the registrar who may resolve the matter in any way the registrar considers appropriate in the circumstances.
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.
(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.
41 (1) An operator must keep a record of each interment or cremation, showing
(a) the name of the deceased,
(b) the date and location of interment or the date of cremation and disposition of the cremated remains,
(c) the name and mailing address of a next of kin of the deceased or other person having some relationship with the deceased, and
(d) any other prescribed information.
(2) The operator must keep a record of
(a) the sale of each lot sold by the operator, and
(b) if the operator has notice, the sale of the lot by a lot holder or transfer of the right of interment.
division 3 – Maintenance and Care Fund Provisions
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
(a) order the operator to establish a maintenance fund or a care fund on terms and conditions the registrar may specify,
(b) 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
(c) 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) (a).
(4) An operator that is required under subsection (2) (a) 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) (a) or (c) to establish a maintenance fund or care fund must make deposits to that fund in the prescribed amounts.
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.
44 (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
(a) is not available to satisfy the liabilities of an operator or trustee, and
(b) 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.
45 (1) No part of a maintenance fund or care fund may be
(a) invested in securities of a corporation,
(b) loaned to a person, or
(c) 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) Sections 15 and 17 of the Trustee Act apply to all care funds.
(5) 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
(a) 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
(b) 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.
46 (1) The registrar may
(a) audit or designate a person to audit a maintenance fund or care fund, or
(b) 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.
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
(a) issue to an operator or to any person an order for compliance,
(b) 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
(c) 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.
Part 5 – Disposition of Human Remains
48 A person must not dispose of human remains at any place in British Columbia other than
(a) in a cemetery or mausoleum,
(b) by cremation, or
(c) as prescribed.
49 If human remains are
(a) transported to a funeral home, cemetery, mausoleum or crematorium, or
(b) stored while awaiting preparation, interment or cremation,
a person must not handle or care for the human remains other than in a respectful manner.
50 A person must not inter or cremate human remains unless the human remains are accompanied by a burial permit issued by a district registrar of vital statistics under the Vital Statistics Act.
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:
(a) the personal representative named in the will of the deceased;
(b) if living with the deceased at the time of death, a person who
(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;
(c) an adult child of the deceased;
(d) a parent of the deceased;
(e) an adult brother or sister of the deceased;
(f) an adult nephew or niece of the deceased;
(g) an adult next of kin of the deceased determined on the basis provided by sections 89 and 90 of the Estate Administration Act;
(h) the minister under the BC Benefits (Income Assistance) Act or the official administrator under the Estate Administration Act;
(i) an adult person having some relationship with the deceased not based on blood ties or affinity.
(2) If, under subsection (1) (c) to (g), the right to control the disposition of human remains passes to persons of equal rank, in the absence of agreement between or among them, the order of priority begins with the eldest person in that rank and descends in order of age.
(3) If the person who, under this section, has the right to control the disposition of human remains is not available or is unwilling to give instructions, that right passes to the next available qualified person.
52 (1) A funeral provider must not provide funeral services and an operator must not inter or cremate human remains unless the funeral provider or operator has received written authorization from the person who, under section 51, has the right to control the disposition of the human remains.
(2) The person who provides an authorization under subsection (1) is deemed to warrant
(a) the truth of each fact stated in the document of authorization,
(b) the identity of the human remains that are to be interred or cremated, and
(c) the right to make the authorization.
(3) A funeral provider is not liable in respect of providing funeral services and an operator is not liable in respect of an interment or cremation made on the basis of the warranty under subsection (2) unless the funeral provider or operator knew or ought to have known that the warranty was not true.
(4) If the government or an agency of the government provides funds for the disposition of human remains and elects to provide funds for cremation only, an operator is not liable for having cremated the human remains.
(5) Despite subsection (1), a funeral provider may accept an authorization by telephone to begin funeral services, but must not dispose of the human remains until the funeral provider receives the written authorization required under that subsection.
(6) If cremation is to take place,
(a) a funeral provider, or
(b) an operator, if human remains are brought directly to the crematorium,
may require visual identification of the human remains
(c) by the person providing the written authorization for the disposition, or
(d) by some other person who is qualified to establish the identity of the human remains.
53 Subject to the Human Tissue Gift Act, a written preference by a person as stated in a will, a preneed cemetery services plan or a prearranged funeral services plan respecting the disposition of the human remains of that person is binding on the person who under section 51 has the right to control the disposition of the human remains unless compliance with that preference would be unreasonable or impracticable or would cause hardship.
54 (1) The recipient of human remains that have been made available for therapeutic purposes, medical education or scientific research under the Human Tissue Gift Act must, when the human remains are no longer required by the recipient and within a reasonable time after death, arrange for the proper interment or cremation of those human remains insofar as it is possible in accordance with any express oral or written directions as to disposition made by the donor or by a person referred to in section 51.
(2) If there are no express oral or written directions as to the disposition of the human remains made by the donor or by the person who under section 51 has the right to control the disposition, the recipient referred to in subsection (1) of this section may authorize cremation of the human remains.
55 (1) The disposition of a stillborn infant or an infant who died before reaching 7 days of age must be at the direction of either natural parent or the guardian of the infant, and failing such a direction must be as prescribed by the regulations.
(2) The disposition of recognizable anatomical parts and human tissues removed during surgery must be as prescribed by the regulations.
56 A person must not remove or attempt to remove human remains or any part of the human remains from the place they are held or interred except in accordance with
(a) this Act,
(b) the Human Tissue Gift Act, or
(c) the Coroners Act.
57 A person must not offer for sale or sell any arrangement for the preservation or storage of human remains based on cryonics, irradiation or any other means of preservation or storage, by whatever name called, that is offered or sold on the expectation of the resuscitation of human remains at a future time.
Part 6 – Exhumation and Disinterment
58 (1) Subject to Part 7, an operator must not exhume or disinter human remains until
(a) the operator receives a written request to do so from a person referred to in section 51 (1),
(b) a permit for that purpose is issued to the operator by the registrar, and
(c) if the human remains are those of a person who at 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 the medical health officer for the municipality in which the cemetery or mausoleum is located.
(2) Subsection (1) (b) does not apply if human remains are to be disinterred from one lot and interred in another lot in the same cemetery or mausoleum.
(3) Subsection (1) (a) and (b) does not apply if human remains are to be exhumed or disinterred
(a) on the authority of an order of the court, or
(b) under the Coroners Act or the Health Act.
(4) An operator or funeral provider must not transport human remains after exhumation or disinterment until adequate safeguards to protect public health are taken with respect to the manner of shipping and transport.
59 (1) Any person claiming an interest may apply to the court for an order to allow or restrain an exhumation or disinterment, and the court must have regard to the rights of all persons having an interest and must, without limitation, give consideration to
(a) the feelings of those related to or associated with the deceased, with particular regard to the spouse of the deceased if the spouse was living with the deceased at the time of death,
(b) the rules, practice and discipline respecting exhumation and disinterment as followed by the religious faith of the deceased if the cemetery is operated by a religious institution,
(c) any terms and conditions respecting exhumation or disinterment found in a contract for the interment of the deceased,
(d) any reasonable directions given by the deceased before death respecting the place of interment, and
(e) whether the request for a disinterment involves family hostility or a capricious change of mind.
(2) In subsection (1) (a), "spouse" means a person who
(a) was married to the deceased, or
(b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
60 Unless human remains are to be disinterred from one lot and interred in another lot in the same cemetery or mausoleum, a person who makes the request for the exhumation or disinterment of human remains must arrange and pay for the services of a funeral provider to receive the human remains from the operator after the lot has been opened.
Part 7 – Closure of Interment Facilities
61 This Part applies in respect of a part or portion of a cemetery or mausoleum in the same manner as it applies to a cemetery or mausoleum.
62 The registrar may, as circumstances require in respect of the closure of a columbarium,
(a) vary one or more of the provisions of sections 63 to 66, or
(b) order that one or more of the provisions of sections 63 to 66 do not apply.
63 (1) Subject to this section, an operator may close a cemetery, mausoleum or columbarium by
(a) discontinuing the sale of lots in the cemetery, mausoleum or columbarium,
(b) converting the land comprising the cemetery into a public park without disinterring human remains or cremated remains in the cemetery, or
(c) disinterring human remains and cremated remains for transfer to and interment in another cemetery, mausoleum or columbarium so as to permit the land to be disposed of or used for some other purpose.
(2) An operator must give notice of a proposed closure under subsection (1) by publication in 2 current issues, at least 14 days apart, of a newspaper circulating in the locality.
(3) If a proposed closure under subsection (1) is for the purpose of subsection (1) (b) or (c), an operator must also give notice of the proposed closure by mail to every lot holder with an existing right of interment or to a next of kin of the interred or other person of record whose address is known or can be ascertained by the operator.
(4) If the proposed closure under subsection (1) is for the purpose of subsection (1) (c), the notice given under subsection (3) must contain a description of the place to which the operator proposes to transfer and inter the human remains and cremated remains.
(5) An operator must apply to the registrar for a closure under subsection (1) by setting out all the facts respecting the closure, and the application must be accompanied by evidence of compliance, if applicable, with subsections (2) to (4).
(6) The registrar may refuse to grant the application made under subsection (5) or may, subject to section 64, 65 or 66, grant the application.
(7) If, under subsection (6), the registrar grants an application for closure for the purpose of subsection (1) (b) or (c), a lot holder's right of interment in the cemetery, mausoleum or columbarium is suspended.
64 If the registrar grants an application for closure for the purpose of section 63 (1) (a), the registrar may specify the conditions under which sales may be discontinued including, without limitation, conditions that the operator
(a) provide for the interment of the human remains of any person holding a right of interment under a lot previously sold,
(b) provide for access to and preservation of records of interment and rights of interment,
(c) provide for the care and maintenance of the cemetery, mausoleum or columbarium, including use of the income from any existing maintenance fund or care fund, and
(d) enter into an agreement that requires the operator, in the operator's own right or contractually through a person, to comply with any conditions of the registrar under this section.
65 (1) If the registrar grants an application for closure for the purpose of section 63 (1) (b), the registrar may specify conditions including, without limitation, conditions that the operator
(a) remove memorials and install them at another place within the area of land comprising the cemetery,
(b) provide for the care and maintenance of the cemetery as a public park, including use of the income from any existing maintenance fund or care fund,
(c) provide for access to and preservation of records of interment, and
(d) enter into an agreement that requires the operator, in the operator's own right or contractually through a person, to comply with any conditions of the registrar under this section.
(2) The registrar may restrict the use or purposes of a public park created under this Part.
66 (1) If the registrar grants an application for closure for the purpose of section 63 (1) (c), the operator must give notice of the closure by publication in 2 current issues, at least 14 days apart, of a newspaper circulating in the locality that the operator will, 60 days after the publication of the last notice, disinter human remains and cremated remains from the cemetery, mausoleum or columbarium and transfer them for interment in the place proposed in the notice.
(2) After expiration of the time set by the notice referred to in subsection (1), the operator must, at the operator's own expense, disinter all human remains and cremated remains and transfer them for interment in the place proposed in the notice.
(3) An operator must remove all memorials and have them installed or placed to mark the interments to which they relate in the cemetery, mausoleum or columbarium to which the human remains and cremated remains have been transferred under subsection (2).
(4) If a person referred to in section 51 (1) requests alternative arrangements from those proposed in the notice given under section 63 (3), the operator may, on a closure under this section,
(a) disinter the human remains or cremated remains and transfer them for interment at the place requested, or
(b) cremate the human remains and transfer the cremated remains for interment as requested.
(5) An operator may remove a memorial that, before the transfer under subsection (4), marks the place of interment of the human remains or cremated remains and have it installed at the selected place of interment.
(6) The cost of services provided under subsections (4) and (5) that are in excess of those the operator would have incurred under subsections (2) and (3) had there been no request must, before the request is carried out, be paid by the person making the request.
(7) The operator of the closed cemetery, mausoleum or columbarium must preserve all records of interment and must, so far as possible, make and preserve records of all disinterments and transfers.
(8) Despite sections 42 and 43, if a cemetery, mausoleum or columbarium is closed under this section, the registrar must order that all money in any existing maintenance fund or care fund be transferred to the British Columbia Heritage Trust Fund under the Heritage Conservation Act and, on transfer of the money, that maintenance fund or care fund ceases to exist and the operator and savings institution are released from any further obligation with respect to it.
67 (1) An operator must not begin a disinterment under section 66 without first giving written notice to, and receiving permission from, the medical health officer of the municipality in which the cemetery or mausoleum is located.
(2) The medical health officer referred to in subsection (1) must, for the purpose of safeguarding public health, exercise a general supervision over the disinterment and may give directions to the operator, and the operator must comply with those directions.
(3) An operator must notify the registrar of the beginning of the disinterment under section 66 and must, as required by the registrar, keep the registrar informed of progress during the transfer to and interment at another place.
68 (1) If the operator of a cemetery, mausoleum or columbarium closed under section 66 satisfies the registrar that the operator has used due diligence to disinter all human remains and cremated remains from the closed cemetery, mausoleum or columbarium and has transferred them to and interred them at another place, the registrar must
(a) issue a certificate that certifies compliance with section 66, and
(b) cancel the certificate of public interest issued in respect of that cemetery, mausoleum or columbarium.
(2) The certificate issued under subsection (1) (a) is conclusive evidence that the operator has removed from the land all human remains and cremated remains, and the land at that time ceases to be a cemetery, mausoleum or columbarium.
(3) If a notice of a certificate of public interest has been filed and an entry of it made in the register of indefeasible titles by the registrar of titles for the land title district in which the land is located, the registrar must file a notice of cancellation in accordance with section 13.
(4) The registrar of titles is not under any duty to inquire into or verify whether a certificate of compliance has been issued under subsection (1) (a).
69 Except as provided in section 64 (a), if an operator complies with this Part, a lot holder's right of interment is extinguished when the cemetery, mausoleum or columbarium ceases to operate as a cemetery, mausoleum or columbarium.
Part 8 – Licensing of Funeral Providers,
Funeral Directors and Embalmers
70 (1) A person must not carry on business as a funeral provider, funeral director or embalmer unless the person is licensed under this Part and has paid the prescribed licence fee.
(2) An application for a licence or the renewal of a licence must be
(a) made to the registrar in a form approved by the registrar,
(b) accompanied by the prescribed licence fee, and
(c) accompanied by any information the registrar reasonably requires to determine whether to issue the licence or renew the licence.
(3) A funeral provider must be licensed for each location at which the funeral provider carries on business in British Columbia.
(4) Subject to this section, the registrar may issue or renew a licence for a term of one year beginning at the start of the day on the effective date specified in the licence and expiring at the end of the day on the expiry date specified in the licence, and the licence is valid during that period unless it is suspended, cancelled or surrendered.
(5) Despite subsection (4), the registrar may issue or renew a licence for a term that is less than one year.
(6) A licence may be issued or renewed on conditions that the registrar considers necessary to ensure
(a) the financial responsibility of the applicant or licensee,
(b) the protection of the public interest having regard to matters of consumer protection, health or safety or the care and handling of human remains, and
(c) compliance by the applicant or licensee with this Act.
71 (1) The registrar may refuse to issue or renew a licence or may cancel a licence for any of the following reasons:
(a) it is not in the public interest for the applicant or licensee to be licensed having regard to the financial responsibility or conduct of
(i) the applicant or licensee, or
(ii) an officer or director of the applicant or licensee if the applicant or licensee is a corporation;
(b) it is not in the public interest for the applicant or licensee to be licensed having regard to consumer protection, health or safety or the care and handling of human remains;
(c) the applicant or licensee, or an officer or director of the applicant or licensee if the applicant or licensee is a corporation, has contravened this Act.
(2) The registrar may, for any of the reasons under subsection (1), suspend a licence for a period of time and subject to any conditions the registrar considers necessary.
72 (1) Following the registrar's decision to
(a) refuse to issue or renew a licence,
(b) suspend or cancel a licence, or
(c) impose conditions on a licence,
the registrar must provide the applicant or licensee with written reasons for the decision and the applicant or licensee may file a written reply with the registrar within 21 days after the date of the decision.
(2) On receiving a written reply under subsection (1), the registrar must confirm or vary the registrar's decision referred to in that subsection.
73 (1) An applicant or licensee may appeal a decision of the registrar made under section 71 or 72 to the Commercial Appeals Commission continued under the Commercial Appeals Commission Act.
(2) The appeal must be made in the manner and within the time allowed in the Commercial Appeals Commission Act.
74 (1) The registrar may make inquiries and require information from an applicant or licensee that the registrar considers necessary to decide whether or not to
(a) issue or renew a licence,
(b) suspend or cancel a licence, or
(c) impose conditions on a licence.
(2) It is a prerequisite to the issuing of a licence and a condition of the licence that an applicant or licensee comply with a request for information made under subsection (1).
75 A licensee must notify the registrar, in writing, of any change of address of the licensee's place of business or employment within the 2 week period immediately following the change of address.
76 A licence issued under this Part is not transferable.
77 A funeral provider must not advertise, contract or otherwise carry on business at a location in British Columbia in a name other than the name that appears on the licence issued to the funeral provider in respect of that location.
78 A licensee must not represent that embalming or the restoration of mutilated or disfigured features through the use of derma surgery or plastic art is required by law when it is not required by law.
79 A licensee must not enter into a contract for funeral services unless the contract contains the prescribed terms and conditions.
80 (1) A licensee must, on receiving a telephone inquiry respecting the supply of funeral services, give accurate information respecting the nature and price of the various forms of funeral services the licensee offers.
(2) If quoting a price under subsection (1) for funeral services, the licensee must state specifically what goods and services are included at that price.
81 Every licensee must maintain premises where funeral services are provided that, in the opinion of the registrar, are sufficient for the purposes of
(a) storing, preparing or embalming human remains, and
(b) displaying caskets and containers.
82 Every licensee who carries on business, or who is employed at a location in British Columbia that offers funeral services to the public, must display, in a conspicuous place on the premises that is accessible to members of the public, each licence issued under Part 8.
83 (1) Subject to subsection (3), every funeral provider must employ or contract with a licensed funeral director for each location at which the funeral provider carries on business in British Columbia.
(2) Subject to subsection (3), every funeral provider must employ or contract with a licensed embalmer for each location at which the funeral provider carries on business in British Columbia.
(3) A funeral provider who is an individual may be the funeral director or embalmer, or both, for one location at which the individual funeral provider carries on business in British Columbia.
84 (1) If a licensee has a room or area for the display of caskets and containers for examination by the public, the licensee must include in the display in that room or area the licensee's lowest priced casket and container.
(2) The licensee must have available for examination by the public a book, brochure or other advertisement or literature illustrative of the entire product line of caskets the licensee offers for sale.
85 A licensee must
(a) keep a current price list of all goods and services offered for sale,
(b) display the current price list in a conspicuous place on the premises that is accessible to members of the public and provide a copy of it to a consumer on request, and
(c) file the current price list, and any amendment to that price list, with the registrar.
86 If a licensee offers a casket under a rental arrangement, the licensee must explain to the purchaser of funeral services who rents the casket the nature of the arrangement, and the contract for those funeral services must contain a specific reference to the arrangement as prescribed.
87 (1) A licensee must keep a record of all funeral services that the licensee provides, including
(a) the name of the deceased,
(b) the date and place of interment or the date and place of cremation and the disposition of the cremated remains, and
(c) the name and address of the person who authorized the funeral services under section 52 (1).
(2) If a licensee discontinues operation of a funeral home, the licensee must, as directed by the registrar, make adequate provision for the safekeeping of records required to be kept under subsection (1).
88 (1) If the registrar receives a complaint about a licensee, the licensee, on receiving a request from the registrar, must promptly provide to the registrar, in writing, information requested by the registrar respecting the subject matter of the complaint.
(2) The registrar or a person designated in writing by the registrar may, during business hours, enter business premises to make inquiries and observations and to inspect and copy records with respect to a complaint.
(3) For the purposes of subsection (2), every person who offers funeral services must
(a) answer the inquiries and facilitate the inspection of the business premises and records, and
(b) facilitate the copying of records.
89 Human remains need not be presented in a casket for cremation but, in the absence of a casket, must be enclosed in a container that is sufficient to prevent a health hazard to crematorium personnel.
90 (1) An operator must not cremate human remains within 48 hours after the time of death unless the operator is ordered to do so by a medical health officer under the Health Act.
(2) Subject to section 50, an operator must cremate human remains as soon as practicable after the expiration of the 48 hours referred to in subsection (1).
91 An operator or funeral provider may charge for the storage of cremated remains if the contract for the cemetery services or funeral services states a fee for the storage of cremated remains and provides that the storage charge does not begin until 60 days after the date of cremation.
92 Cremated remains that have been stored by an operator or funeral provider and that are unclaimed for a period of one year after cremation may be permanently disposed of in a manner approved by the registrar.
93 The Lieutenant Governor in Council may make regulations with respect to the following:
(a) the handling and storage of human remains awaiting cremation;
(b) the establishment of standards that govern the design of and emissions from crematoria and the appliances used for the cremation of human remains;
(c) the maintenance and inspection of crematoria;
(d) the operation of crematoria and the practices and procedures of the cremation process including, without limitation,
(i) authorization, notice, certification and filing requirements,
(ii) the removal of a pacemaker or any other device and the removal of precious metals from the human remains,
(iii) the removal of exterior fittings and other hardware from a casket or container,
(iv) the cremation at one time of the human remains of more than one person,
(v) the cremation of stillborns and of infants who died before reaching 7 days of age,
(vi) the cremation of recognizable anatomical parts or human tissues, and
(vii) the commingling of cremated remains;
(e) the handling, storage and disposition of cremated remains.
94 An operator, funeral provider, funeral director, embalmer, memorial dealer or memorial society must not represent that specified goods, merchandise or services are required by law or by the bylaws of a cemetery, mausoleum, columbarium or crematorium when that is not the case.
95 (1) A person must not pay or offer to pay to any other person, directly or indirectly, a commission, bonus, rebate or other valuable consideration for recommending that human remains be or for causing human remains to be
(a) directed to a particular funeral home, or
(b) disposed of at a particular cemetery, mausoleum or crematorium.
(2) Subsection (1) does not prohibit or restrict
(a) the use of sales literature or other advertising media, or
(b) the ordinary business relationships between an operator, funeral provider, memorial dealer and memorial society.
(3) A person must not pay or offer to pay to any other person, directly or indirectly, a commission, bonus, rebate or other valuable consideration to provide information respecting residents of a community care facility as defined by the Community Care Facility Act or patients of a hospital as defined by the Hospital Act.
96 (1) An operator, funeral provider, funeral director, embalmer, memorial dealer or memorial society must not
(a) in respect of lots, cemetery services, funeral services or memorials, solicit a person in a manner that may exert undue, excessive or unreasonable pressure on that person,
(b) solicit, offer for sale or sell lots, cemetery services, funeral services or memorials at a person's place of residence by direct selling or by telephone, whether personally or by an agent or employee, or
(c) solicit, offer for sale or sell lots, cemetery services, funeral services or memorials at a person's place of residence except as prescribed.
(2) Subsection (1) (b) does not apply in respect of direct selling by personal presentation at a person's place of residence if requested by that person at least 24 hours in advance of the presentation.
97 This Part applies to a person who offers for sale or sells a contract of life insurance issued by an insurer under Part 3 of the Insurance Act under an arrangement where
(a) a funeral provider contracts with the insured under a prearranged funeral services plan, and
(b) the insurance money is payable by assignment to the funeral provider as beneficiary.
Part 12 – Preneed and Prearranged Plans
98 In this Part, "plan" means a preneed cemetery services plan or a prearranged funeral services plan or both.
99 Every operator and funeral provider that offers a plan must comply with this Part.
100 (1) An operator or funeral provider must not solicit, offer for sale or sell
(a) cemetery services under a preneed cemetery services plan, or
(b) funeral services under a prearranged funeral services plan
unless the plan is as prescribed and is filed with the registrar.
(2) The registrar may revoke or suspend a plan at any time for a contravention of this Part.
101 If a copy of a plan is not
(a) given to the purchaser at the time the plan is signed by the purchaser, or
(b) delivered or sent by registered mail to the purchaser within 7 days after the plan is signed by the purchaser,
the plan may be cancelled by the purchaser, without penalty and with a full refund, from the date the plan is signed by the purchaser until 30 days after the date of receipt of the copy of the plan, by delivering or sending a notice of cancellation by registered mail to the business premises of the operator or funeral provider.
102 (1) If a contract for a plan is solicited, negotiated or concluded at a place other than the business premises of an operator or funeral provider, the purchaser may, from the date the plan is signed by the purchaser until 7 days after the date of receipt of a copy of the plan, cancel the plan without penalty and with a full refund by delivering or sending a notice of cancellation by registered mail to the business premises of the operator or funeral provider.
(2) If the notice of cancellation is sent by registered mail under subsection (1), the notice is deemed to be given at the time of mailing.
(3) Every contract for a plan must have printed on it the right of cancellation referred to in this section.
103 (1) Despite the provisions of any plan, a plan may be cancelled
(a) at any time by the purchaser on the purchaser's own behalf or on behalf of some other person or persons for whom the plan was purchased, or
(b) subject to section 53, by the personal representative of the deceased for whom the plan was purchased,
by delivering or sending a notice of cancellation by registered mail to the business premises of the operator or funeral provider.
(2) Subject to subsection (3), if a plan is cancelled under subsection (1), an operator or funeral provider may retain for selling expenses not more than 20% of the money paid into the plan at the time of cancellation, and the balance of all money paid by or on behalf of the purchaser under the plan together with interest on it at a prescribed rate must be refunded to the purchaser or the personal representative of the purchaser.
(3) If
(a) goods have been specially preordered under a plan and because of some unique characteristic, personalization or extraordinary cost, the goods cannot be used in the ordinary course of business, or
(b) a vault or liner provided under a plan has been installed in a lot,
the operator or funeral provider may deduct the itemized cost of those goods from the contract price of the plan and the cost of those goods may first be retained out of any money paid into the plan for the purposes of subsection (2).
(4) Every contract for a plan must have printed on it the right of cancellation referred to in this section.
104 Even though the sale of a lot under section 32 (1) (b) or (c) is included as a charge in the cost itemization under a preneed cemetery services plan, the plan must clearly indicate that the sale of the lot is governed by sections 32 and 33 with respect to cancellation or refund.
105 (1) Within 21 days after receiving money under a plan, an operator or funeral provider must deposit that money, subject to a deduction for selling expenses of not more than 20% of the amount received, into a trust account established by the operator or funeral provider with a savings institution in British Columbia and invested and accounted for as trust funds in accordance with this Act.
(2) Money held in trust by the savings institution must be administered as prescribed in accordance with a written trust agreement between the savings institution and the operator or funeral provider, and the trust agreement must be filed with the registrar.
(3) Money held in trust in accordance with this section together with any interest due on it must, on reasonable notice to the savings institution, be returned in whole or in part to the operator or funeral provider from whom it was received if the operator or funeral provider certifies to the savings institution that
(a) all or part of the obligations under the plan for which the money is held in trust have been discharged, or
(b) the plan for which the money is held in trust has been cancelled, terminated or discontinued.
(4) The savings institution is not liable to the beneficiary of a trust fund for any refunds made in compliance with a certification made by the operator or funeral provider under subsection (3) or an order of the registrar under section 111 (2) unless the savings institution knew or ought to have known that the certification or order was invalid.
(5) This section does not apply to money held by an insurance company under an arrangement with a funeral provider to provide a prearranged funeral plan.
106 If an operator or funeral provider fails to deliver the services contracted for under a plan when those services are required, the full amount of funds paid for the unused plan, including interest on the full amount paid, must be refunded without deduction to the personal representative of the deceased for whom the plan was purchased.
107 If an operator or funeral provider does not make the refund required by section 101, 102, 103 or 106 within 30 days after the date the plan was cancelled or the services contracted for under the plan were not provided, the purchaser or the purchaser's personal representative may apply to the registrar for an order releasing the funds, and the registrar may order payment of the refund.
108 (1) If a purchaser defaults in making a payment under a plan for a period of 60 days after the payment is due, the operator or funeral provider may, by registered mail addressed to the purchaser, demand payment and give notice of cancellation of the plan if payment is not received within 30 days from the date of the mailing of the notice.
(2) If payment is not received within the 30 day period under subsection (1), the operator or funeral provider may cancel the plan and must refund to the purchaser any money paid under the plan less an amount retained as provided under section 103 (2) and (3).
109 Money credited to a plan is not subject to seizure or detention under any legal process against the purchaser, the personal or legal representative of the purchaser, the trustee of the funds or the operator or funeral provider obligated to provide the cemetery services or funeral services covered by the plan.
110 (1) The registrar may
(a) audit or designate a person to audit a trust account established under this Part, or
(b) require an operator or funeral provider to have audited any of the operator's or funeral provider's trust accounts established under this Part.
(2) Every operator and funeral provider must, in a manner satisfactory to the registrar, maintain records that will facilitate an audit of each trust account.
111 (1) Any dispute or disagreement between a purchaser or a personal representative and an operator or funeral provider with respect to a plan may be submitted to the registrar who may resolve the matter in any way the registrar considers proper.
(2) In the appropriate circumstances, the registrar may order the release of some or all of the money held under a plan for payment of the money to the person entitled to receive it.
112 If anything is done or is proposed to be done under Part 6 or 7 that affects a lot owned by, provided by or the responsibility of the Commonwealth War Graves Commission or the Department of Veterans Affairs (Canada), an operator must give notice to the Commonwealth War Graves Commission or the Department of Veterans Affairs (Canada), as the case may be.
113 A person must not, on land that comprises a cemetery, mausoleum, columbarium or crematorium,
(a) play at any game or sport unless authorized by an operator,
(b) discharge firearms other than at a military funeral,
(c) drive a motorized device of any kind over lawns, gardens or flower beds unless authorized by an operator, or
(d) deposit any rubbish or offensive matter or thing.
114 (1) An operator is not liable if the operator removes or inadvertently breaks or damages any goods that are left in or on any part of a cemetery, mausoleum or columbarium if the placement of the goods there by a person is a contravention of the bylaws.
(2) An operator may remove any goods placed in accordance with the bylaws if, in the operator's opinion, the goods
(a) have become unsightly or dangerous, or
(b) impede the maintenance or care of the cemetery, mausoleum or columbarium.
(3) Before acting under subsection (2) (b), the operator must give notice to a next of kin of the deceased or other person of record and allow that person reasonable time to correct the problem.
115 A person must not disturb or interfere with
(a) any person transporting or accompanying human remains to a cemetery, mausoleum, crematorium or funeral home, or
(b) a funeral service or interment service.
116 (1) A person must not, without the authorization of an operator, enter or remain on the land of a cemetery, mausoleum, columbarium or crematorium except
(a) during the hours the facility is open for visitation as posted by a sign, or
(b) if no hours are posted by a sign, between 8 a.m. and 8 p.m.
(2) Despite subsection (1), an operator may restrict any person or group of persons from entering or remaining within 100 m of the place of an interment service.
117 (1) The registrar or a person designated by the registrar may, during business hours, enter the business premises of an operator, funeral provider, memorial dealer or memorial society or the premises where the records of an operator, funeral provider, memorial dealer or memorial society are kept, to determine whether there is and has been compliance with this Act, or to inspect, audit or examine books of account, records or documents, including those of a maintenance fund, care fund, preneed cemetery services plan and prearranged funeral services plan.
(2) Every director, officer, employee and agent of the operator, funeral provider, memorial dealer or memorial society must answer all questions pertaining to the matters under subsection (1) and must produce the books of account, records or documents that may be required.
118 The registrar may require statistical reports from an operator, funeral provider or memorial society respecting prescribed matters and covering time periods the registrar may specify.
119 (1) Every operator that offers a preneed cemetery services plan and every funeral provider that offers a prearranged funeral services plan must keep in British Columbia those records necessary for the proper recording of the business transactions and financial affairs of the operator or funeral provider.
(2) For each cemetery, mausoleum, columbarium, crematorium and funeral home
(a) an operator, and
(b) a funeral provider that offers a prearranged funeral services plan
must, within 120 days after the end of the fiscal year of the operator or funeral provider, file with the registrar a copy of the financial statement of the operator or funeral provider and any other information required by the registrar that may be necessary to show
(c) operating income and expenditures for the fiscal year,
(d) assets and liabilities at the end of the fiscal year, and
(e) prescribed particulars respecting trust funds.
(3) The financial statement required under subsection (2) must
(a) be certified by the operator or funeral provider, and
(b) if required by the registrar, be an audited financial statement.
(4) The registrar may waive a requirement under subsection (2) in the case of a cemetery, mausoleum, columbarium or crematorium owned or operated by a board of cemetery trustees.
(5) On the request of the registrar, an operator or funeral provider must promptly produce any records required to be kept by the operator or funeral provider under subsection (1).
120 Information in financial statements or reports required by this Act to be filed with or provided to the registrar are confidential, and a person must not communicate their contents or allow access to or inspection of their contents, except to a person legally entitled to knowledge of their contents.
121 (1) Every person acting under the authority of this Act must keep confidential all facts, information and records obtained or provided under this Act except in so far as
(a) public duty requires making disclosure of them or reporting or taking official action on them, or
(b) this Act or the Freedom of Information and Protection of Privacy Act permits making disclosure of them or reporting or taking official action on them.
(2) Except in a proceeding under this Act, a person to whom subsection (1) applies may not in any civil proceeding be compelled to give evidence respecting any facts, information or records obtained by the person in the course of that person's duties.
122 The registrar may give any notice required under this Act by registered mail or by delivery to the last known mailing address of the person to whom notice is given and, if notice is sent by registered mail, the person to whom it is sent is deemed to have received the notice 4 days after the date it is mailed.
123 (1) If an operator, funeral provider, memorial society or other person fails to make a report, filing or return required by this Act, the registrar may serve a notice on that person ordering compliance within the period of time specified in the notice.
(2) If the person referred to in subsection (1) fails to make the report, filing or return within the period of time specified, the registrar may apply to the court for an order of compliance, and the court may
(a) order the person to make the report, filing or return within the time the court directs, and
(b) order that the costs of and incidental to the application be paid by the person referred to in subsection (1), as the court considers appropriate.
124 (1) Despite the imposition of a penalty for failure to comply and in addition to other remedies the registrar may have, if a person fails to comply with a provision of this Act or with an order made under this Act, the registrar may apply to the court for an order directing the person to comply with the provision or order.
(2) The court may make any order of compliance it considers proper.
125 The minister may, by order, appoint a person to investigate any matter to which this Act applies and, for the purposes of the investigation, the person appointed to investigate has the powers, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
126 (1) If the minister has ordered an investigation of a person under section 125 and believes that it is necessary to protect individuals dealing with that person, the registrar may, in writing or by telegram,
(a) order
(i) a person having on deposit, under control or for safekeeping, assets, trust funds or other property of the person being investigated, or
(ii) a debtor of the person being investigated,
to hold the assets, trust funds or other property of, or money owing to, that person in trust for a receiver, receiver manager or trustee to be appointed under this Act or any other Act, or
(b) order the person being investigated to refrain from withdrawing assets, trust funds or other property on deposit with, under the control of or in the safekeeping of another person, unless the registrar consents in writing to the release of all or part of them.
(2) The registrar may, in writing, revoke an order made under this section.
(3) Instead of making an order under this section, the registrar may accept from the person being investigated
(a) a personal bond, together with collateral security,
(b) a bond of a guarantee company approved by the registrar, or
(c) a bond of a guarantor, other than a guarantee company, together with collateral security.
(4) A bond under subsection (3) must be in the form and with the terms that the registrar determines under the Bonding Act.
(5) A person who receives an order from the registrar under this section may,
(a) if in doubt as to the application of the order to assets, trust funds or other property, or
(b) if a person not named in the order claims a right, title or interest in the assets, trust funds or other property,
pay or deliver those assets, trust funds or other property into a court and, on so doing, is discharged from liability to the extent of that payment or delivery.
127 (1) If the minister has ordered an investigation of a person under section 125, the registrar may apply to the court for the appointment of a receiver, receiver manager or trustee of the property of that person.
(2) On an application under subsection (1), the court may appoint a receiver, receiver manager or trustee of the property of the person if the court is satisfied the appointment is in the best interest of
(a) the creditors of that person,
(b) persons whose property is in the possession of or under the control of that person, or
(c) consumers.
(3) A receiver, receiver manager or trustee appointed under this section is the receiver, receiver manager or trustee of all the property belonging to, held by or on behalf of or in trust for the person named in the investigation order, and the receiver, receiver manager or trustee has authority, if directed by the court, to wind up or manage the business and affairs of the person named and all necessary or incidental powers.
(4) An application under this section may be made either without notice to any person or on notice, but if the application is made without notice to any person, the receiver, receiver manager or trustee
(a) must be appointed for a period not exceeding 8 days, and
(b) must not be authorized to wind up the business or affairs of the person named in the investigation order.
(5) An order under this section may be enforced in the same manner as any order or judgment of the court and may be varied or discharged on application made by notice.
128 Section 5 of the Offence Act does not apply to this Act or to the regulations.
129 (1) A person who does any of the following commits an offence:
(a) contravenes section 11, 14, 16 (2), 24 (1), 36, 38 (1), 48, 49, 50, 52 (1), 56, 57, 58 (1) or (4), 67 (1), 70 (1) and (3), 76, 78, 79, 80, 82, 85, 88 (3), 90 (1), 94, 95 (1) or (3), 96 (1), 100 (1), 113, 115, 116 or 120;
(b) contravenes a provision of a trust agreement under section 43 or 105;
(c) refuses or fails to provide information or provides false information under section 117 (2), 118 or 119 (2);
(d) fails to comply with an order of the registrar under section 47 (1) or 123 (1).
(2) If a corporation is convicted of an offence under subsection (1), the corporation is liable to a fine not exceeding $10 000.
(3) If a corporation commits an offence under subsection (1), every director and officer of the corporation who authorizes, permits or acquiesces in the offence also commits an offence and, even though the corporation is convicted, is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than one year, or to both a fine and imprisonment.
(4) A person does not commit an offence under subsection (1) if
(a) the contravention, refusal or failure was due to
(i) a mistake,
(ii) reliance on the act or default of another person or information supplied by that other person, or
(iii) an accident or some other cause beyond the control of the person, and
(b) all reasonable precautions were taken and all due diligence was exercised to avoid the commission of the offence by the person or by another person under the control of the person.
(5) A person who practises as an embalmer or funeral director contrary to a regulation made under section 131 (3) commits an offence and is liable on conviction to a fine not exceeding $2 000.
130 A prosecution under this Act must not be commenced more than 3 years after the time when the subject matter of the prosecution arose.
131 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the place at which any notice may be given to or document served on the registrar;
(b) respecting the form, manner and content of an application for a certificate of public interest, a certificate of operation or any other application or any notice made or given under this Act;
(c) setting fees for
(i) the review of an application and the issue of a certificate of public interest, a certificate of operation or any other review or certification made under this Act,
(ii) any filing required under this Act,
(iii) an application by a funeral provider, funeral director or embalmer for the issue or renewal of a licence,
(iv) a permit to exhume or disinter human remains,
(v) the storage and disposition by an operator of unclaimed cremated remains, and
(vi) the recording by an operator of the sale of a lot by a lot holder or transfer of a right of interment;
(d) setting the amount or percentage of deposit to a maintenance fund or care fund, with the power to prescribe different amounts of deposit for different persons;
(e) setting rates of interest payable under any trust fund or contract;
(f) respecting building and construction standards to establish, enlarge or alter a mausoleum, columbarium or crematorium;
(g) respecting the condition and requirements of land and buildings used by an operator or funeral provider for cemetery services or funeral services;
(h) setting installation charges for the purposes of section 28 (2) (b);
(i) respecting the administration and use of money for deposit to and disbursement from a maintenance fund or care fund;
(j) respecting reclaiming a lot for resale to another person;
(k) respecting the place and manner of disposing of human remains and the disposition of stillborns, infants who died before reaching 7 days of age and recognizable anatomical parts and human tissues;
(l) respecting the exemption of a lot or a person or class of persons from any provision of this Act;
(m) respecting interment procedures including the use of an outer receptacle, liner, lawn crypt and vault;
(n) respecting the refund of amounts paid on the purchase of a lot, cemetery services or funeral services under any contract;
(o) respecting the form and content of any standardized contract used for cemetery services or funeral services, including a preneed cemetery services plan and a prearranged funeral services plan;
(p) respecting the exemption of a municipality that owns or operates a cemetery, mausoleum or columbarium from the requirements of section 43 and authorizing the municipality to act as trustee of its own care fund;
(q) respecting the form and content of any trust agreement;
(r) respecting the form and content of reports and other information required by the registrar;
(s) respecting the solicitation, offering for sale or selling of lots, cemetery services, funeral services or memorials by addressed or unaddressed circulars;
(t) respecting the exemption of an operator or a class of operators from any or all of the requirements of section 105 and the authorization of that operator or class of operators to act as trustee of the preneed cemetery services plan of that operator or class of operators on terms and conditions the Lieutenant Governor in Council may specify;
(u) respecting the powers and duties of the advisory council;
(v) respecting the collection of information and keeping of records by an operator or funeral provider;
(w) respecting the amount and manner of payment of money retained under section 127.1;
(x) respecting the standards of operation of, and facilities required by, a funeral provider.
(3) The Lieutenant Governor in Council may make regulations governing the establishment of occupational standards and requirements for persons practising as or employed as embalmers or funeral directors including, without limitation, regulations governing the following:
(a) the exemption of persons or classes of persons from any or all requirements of a regulation made under this subsection;
(b) the issue, renewal, suspension and cancellation of licences;
(c) the acceptance of qualifications attained by embalmers and funeral directors in other specified jurisdictions;
(d) appeals from a refusal to issue or renew a licence, from a suspension or cancellation of a licence or from an imposition of conditions on a licence.
(4) A regulation made under subsection (2) (c) (iii) may prescribe different fees for different classes of funeral providers, funeral directors or embalmers and may prescribe a fee for each place where a funeral provider carries on business.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada