Interpretation

1  In this regulation, "Act" means the Cemetery and Funeral Services Act.

 Application for certificate of public interest

2  An applicant for a certificate of public interest must submit with the application, where applicable and unless otherwise directed by the registrar,

(a) in the case of a company,

(i)  a certified copy of the memorandum and articles of association or other incorporation documents, and

(ii)  copies of the most recent financial statements or, if a new company, a statement of the proposed financial organization of the company,

(b) an adequate map of the site based on a survey, or a copy of a plan deposited in the land title office, that shows the location of the site in relation to surrounding areas and access roads,

(c) the legal description of the project site,

(d) a description of land proposed to be used, with a report by a British Columbia land surveyor or professional engineer on

(i)  drainage of the land in respect to adjoining property, and

(ii)  soil conditions and underlying rock formations,

(e) a description of the proposed project as planned and, where development is to be carried out in stages, a statement of the order of development and a description of the project for each stage of development,

(f) in the case of a mausoleum or columbarium, a plan showing the sections, rooms, corridors and other divisions, with descriptive names or numbers, if any,

(g) evidence of approval of site by the municipality or other local public authority, if any, that has jurisdiction over zoning,

(h) evidence of title to or an option to purchase the land required for the project,

(i) a detailed statement of a plan for the future care and maintenance of the property, whether by way of use of public or charitable funds, the setting up of a fund from part of the proceeds of sales, or otherwise, and

(j) a financial feasibility study showing, for each year of the initial 5 year period, the amount expected to be spent on land, development and maintenance, the source of the funds and, where the applicant relies on a performance bond to satisfy the registrar as to its financial responsibility, a copy of the proposed bond.

[am. B.C. Reg. 47/2001, App. 2, s. 2.]

 Application for certificate of operation

3  (1)  An applicant for a certificate of operation for a cemetery, mausoleum or columbarium must submit with the application, where applicable and unless otherwise directed by the registrar,

(a) a statement from the applicant certifying that the applicant has complied with all conditions, if any, of the certificate of public interest issued to that cemetery, mausoleum or columbarium,

(b) a map based on a survey made by a British Columbia land surveyor or other person qualified to make surveys that shows

(i)  the relationship of each proposed interment area to other portions of the cemetery,

(ii)  every lot, fence, walk, road, watercourse and building in the interment area and the dimensions of each,

(iii)  the total area of lots and the total area of land in the interment area, and

(iv)  descriptive names or numbers for each interment area, and

(c) evidence that there has been deposited into a maintenance fund or care fund the amounts required by section 4, or a statement from the applicant certifying that the applicant is exempt under the Act from this requirement and the reason for that exemption.

(2)  Where a certificate of operation has been issued that designates one or more approved interment areas and an operator wishes to have a further interment area approved within the cemetery, it must apply to the registrar for an amended certificate of operation.

(3)  An operator applying under subsection (2) must submit

(a) evidence as to the adequacy of its maintenance fund or care fund to provide for the maintenance of the new area in addition to the previously approved area,

(b) particulars of the development and maintenance of the previously approved area to an adequate standard,

(c) detailed plans for subdivision, development and sale of the new area, including the particulars set out in subsection (1) (b), and

(d) such other information as may be required by the registrar to ensure that development of the cemetery takes place in the best interests of the lot owners and the public.

(4)  An applicant for a certificate of operation for a crematorium must submit with the application

(a) evidence of compliance with the requirements of section 16 of the Act, and

(b) payment in the amount of $450 for the issuing of the certificate of operation for a crematorium.

[am. B.C. Regs. 85/94; 47/2001, App. 2, s. 2.]

 Maintenance and care funds

4  (1)  In this section, "lot" does not include a mausoleum crypt or columbarium niche.

(2)  Except as provided in subsection (3), an operator that has a maintenance fund or a care fund must, for each lot sold, pay into that fund not less than 25% of the selling price of the lot.

(3)  An operator listed in column 1 of Schedule 1 must, for each lot sold, pay into its maintenance fund or care fund not less than the amount, or not less than the percentage of the selling price of the lot, set out in column 2 opposite the operator.

(4)  An operator that has a maintenance fund or care fund must, for each mausoleum crypt or columbarium niche sold, pay into that fund not less than 10% of the selling price of the mausoleum crypt or columbarium niche.

(5)  An operator that has a maintenance fund or care fund must, for each memorial installed, pay into that fund not less than $10.

[am. B.C. Reg. 47/2001, s. 2.]

 Reporting requirement

5  (1)  Where an operator of a cemetery, mausoleum or columbarium does not have a care fund, the operator must file with the registrar, within 90 days after the end of its fiscal year, a report setting out the method of providing for the long term care and maintenance of lots sold and the cemetery, mausoleum or columbarium of which the lots form a part.

(2)  The report required by subsection (1) must provide the following information:

(a) mean cost of maintenance during the previous 5 years;

(b) cost of maintenance during the past year;

(c) projected cost of maintenance for the next 5 years;

(d) method of raising the funds required by paragraph (c);

(e) where maintenance is done by volunteers,

(i)  the number of person-days required for maintenance during the previous 5 years,

(ii)  the number of person-days projected for maintenance for the next 5 years, and

(iii)  the number of persons who have agreed to undertake the voluntary maintenance.

[am. B.C. Reg. 47/2001, App. 2, s. 2.]

 Administration of care fund

6  (1)  Where a care fund is required, funds received for care and maintenance of a cemetery, mausoleum or columbarium must, within 30 days of receipt, be transferred to a savings institution to be held in trust and administered in accordance with a care fund trust agreement.

(2)  The care fund trust agreement must provide that

(a) the trust is irrevocable except as authorized by the Act,

(b) all investments be made in accordance with the provisions of the Trustee Act or the Canadian and British Insurance Companies Act (Canada),

(c) the trust obligations may be transferred to another savings institution, and

(d) the trustee may pay the available income for any year to the operator of the cemetery, mausoleum or columbarium up to the amount spent by such operator for maintenance during that year as evidenced by a certificate of the operator, and must hold or reinvest the balance, such balance and the income therefrom to be available for care and maintenance in future years if required.

[am. B.C. Reg. 47/2001, App. 2, s. 2.]

 Municipal exemption

7  (1)  Notwithstanding section 6, where a municipality establishes a care fund, the municipality may act as trustee by holding all funds on the trusts specified in subsections (2) to (5) of this section instead of transferring them to a savings institution.

(2)  The care funds received by the municipality for care and maintenance must be accounted for as trust funds and must be invested in such securities as would be permissible investments for the local authority concerned if such trust were a sinking or reserve fund or in such other securities as may be specifically approved by the registrar.

(3)  An investment under subsection (2) must be made from time to time as may be expedient but must in any case be made not less than once in every calendar year unless the sum so held for investment is less than $500, in which case investment must be made as soon as such sum amounts to $500.

(4)  Monies received pursuant to this section and held pending investment must be held in a separate account with a savings institution, and deposits to such account must be made at least annually, on or immediately prior to December 31.

(5)  The income from the care fund must be used for the sole purpose of maintenance of the property sold or installed and the cemetery, mausoleum or columbarium of which it forms a part.

[am. B.C. Reg. 47/2001, App. 2, s. 2.]

 Disposition of human remains

8  (1)  Where a person dies in a place from which access to the facilities of a cemetery, mausoleum or crematorium is impracticable to an extreme degree, a person authorized to issue burial permits under the Vital Statistics Act may issue written permission for the burial of the human remains of the deceased

(a) in Crown land, or

(b) where there is delivered to him, or he is satisfied that there will be delivered to him, the consent in writing of the registered owner of land other than Crown land, in that land,

and thereafter

(c) the person to whom the permission is issued may bury or cause to be buried the human remains in the Crown land or in the land owned by the person who gives his consent as registered owner, as the case may be, and

(d) neither Part 5 of the Cemetery and Funeral Services Act nor any regulation made under that Act other than this regulation applies to the disposition.

(2)  A person who issues permission under subsection (1) must, within a reasonable time, notify the registrar of the issuance of the permission and of any particulars pertinent to it.

[am. B.C. Reg. 47/2001, App. 2, s. 3.]

 Transfer of human remains

8.1  (1)  A person who transfers human remains

(a) from a hospital, morgue, institution, residence or other place of death to a funeral home, place of funeral service, crematorium, cemetery, mausoleum or place of final disposition, or

(b) from a hospital, morgue, institution, residence, other place of death, funeral home or place of funeral service to the depot of a common carrier for long distance transport,

must be

(c) a licensed funeral director,

(d) an employee of a licensed funeral provider and be under the supervision of a licensed funeral director,

(e) a person who, under the direction of a licensed funeral director, is transferring the remains under contract to a licensed funeral provider, or

(f) a person who is exempted by section 8 of the Funeral Services Licensing and Business Practices Regulation.

(2)  A person referred to in subsection (1) (c) to (e) must only transfer human remains in a vehicle specifically set aside for that purpose and that vehicle must

(a) be kept in a sanitary condition, be enclosed and be of an adequate size to accommodate the full length of the remains,

(b) have no advertising displayed on its exterior other than the name, address and telephone number of the person or company transferring the remains, and

(c) be capable of transferring the remains so that they are out of public view.

(3)  A person referred to in subsection (1) (f) must only transfer human remains in a vehicle

(a) that is in sanitary condition both during and after the transfer, and that is of an adequate size to accommodate the full length of the remains, and

(b) that is capable of transferring the remains so that they are out of public view.

(4)  A person transferring human remains under subsection (1) must proceed to the intended destination as quickly as is practicable and the remains must not be left in a stationary transfer vehicle for more than 2 hours unless the vehicle is parked in a clean, secure building so that the remains are out of public view.

[en. B.C. Reg. 47/2001, App. 2, s. 4.]

 Solicitation

9  (1)  For the purpose of section 96 (1) (c) of the Act, an operator, funeral provider, memorial dealer or memorial society

(a) may solicit, offer for sale or sell lots, cemetery services or memorials at a person's place of residence

(i)  by newspaper, magazine, radio, television or internet advertisement, or

(ii)  by unaddressed circulars that are mailed or delivered door to door, if the mailing or delivery is part of a general distribution in an area, and

(b) must not use

(i)  offers of free goods or services,

(ii)  the delivery of documentation or follow-up calls from previous transactions,

(iii)  the review of the status of previously purchased preneed or prearranged plans, cemetery services, funeral services, lots or memorials, or

(iv)  other approaches similar to those of subparagraphs (i) to (iii),

as a means of gaining access to a person's place of residence to solicit, offer for sale or sell additional plans, services, lots or memorials.

(2)  Despite subsection (1) (a) (ii), a municipality that operates a cemetery may include cemetery information in addressed mail-out notices and billings.

[en. B.C. Reg. 47/2001, App. 2, s. 5.]

 Identification of affiliation

9.1  A person who is an operator, funeral provider, funeral director, embalmer, memorial dealer or memorial society must

(a) state the person's affiliation with any publicly traded or out-of-province company in all contracts and on all business letterhead, advertising and marketing materials, and

(b) state the person's licenced business location in all directories, advertising and marketing materials in which off-site telephone numbers are used.

[en. B.C. Reg. 47/2001, App. 2, s. 6.]

 Interest rate

10  For the purposes of sections 39 (1) (b) and 103 (2) of the Act, the prescribed rate of interest

(a) during the period commencing on the date of coming into force of this regulation and ending on December 31, 1990 is 9%, compounded on the last day of that period, and

(b) during the one year period commencing on January 1, 1991 and during each successive one year period beginning on January 1 in each year is 4.5% below the prime lending rate of the principal banker to the Province on the first day of that one year period, compounded annually.

 Statistical report

11  (1)  At the request of the registrar, an operator must file with the registrar within 90 days of the request a statistical report for a specified period in respect of the matters required by subsection (2).

(2)  The statistical report must be submitted by the operator on the appropriate forms available from the registrar, and must provide information in respect of the cemetery, mausoleum, columbarium or crematorium including, but not limited to, developed and undeveloped land, interments and cremations, maintenance fund and care fund investments, revenue and expenses, the sale of lots and memorials, and the disposition of cremated remains.

[am. B.C. Reg. 47/2001, App. 2, ss. 1 and 7.]

 Exemption

12  Section 56 of the Act does not apply to

(a) a person who holds a permit issued under section 12 of the Heritage Conservation Act, or

(b) a museum or department of anthropology or archaeology at a university or college in the Province for the purposes of research, teaching or reinterment.