CEMETERIES ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 249/1998 With amendments up to and including Alberta Regulation 173/2018 Current as of September 26, 2018 CEMETERIES ACT general REGULATION Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only.

2 The official Statutes and regulations should be consulted for all purposes of interpreting and applying the law. (Consolidated up to 173/2018) Alberta REGULATION 249/98 CEMETERIES Act general REGULATION Table of Contents 1 Definitions Sale of Cemetery Supplies, Cemetery Services and Interment Space 2 Calculation of resale price 3 Cancellation without penalty 4 Requirements of contracts 5 Form of notice in pre-need contracts 6 Statement about cemetery 7 Statement about mausoleum or columbarium Disposition of Remains 8 Death of fetus 9 Death of newborn infant 10 Death of fetus or newborn infant in hospital 11 Who may control disposition 12 Burial of indigents and unclaimed bodies 13 Burial costs for indigents Director s Approval of CEMETERIES and Mausolea 14 Application to operate or establish a cemetery 15 Inspection of site 16 Provisional approval 17 Final certificate of approval 18 Alteration in size of cemetery 19 Previous approvals continued 20 Application to operate or establish a mausoleum Contact information Information to public Operation of CEMETERIES and Mausolea 21 Other uses 22 Layout of cemetery Section 1 AR 249/98 general REGULATION 2 23

3 Division of cemetery 24 Maintaining of plans 25 Graves 26 Maintenance of cemetery 27 Care of CEMETERIES 28 Removal of monuments, etc. 29 Maintenance 30 Closing of CEMETERIES 31 Permit re mausoleum 32 Construction standards 33 Care of mausoleum 34 Relationship of mausoleum to cemetery 35 Record keeping 36 Evidence of ownership 37 Register 38 Burial permit 39 Disinterment Columbaria 40 Location of columbarium 41 Permit re columbarium 42 Construction standards 43 Care of columbarium 44 Columbarium in cemetery 45 Repairs and modifications 46 Evidence of ownership 47 Register Repeals, Expiry and Coming into Force 48 Repeals 49 Expiry Schedules Definitions 1 In this Regulation, (a) Act means the CEMETERIES Act; (b) burial permit means a burial permit issued under the Vital Statistics Act; (c) columbarium operator means Section 2 AR 249/98 general REGULATION 3 (i) in respect of a columbarium in a cemetery, the owner of the cemetery, (ii) in respect of a columbarium in a church, the religious auxiliary or religious denomination that operates the columbarium, and (iii) in respect of a columbarium that is part of the facilities of a crematory, the owner of the crematory; (d) grave lot means the portion of land in a cemetery that is sold or provided as a unit for one or more graves; (e) mausoleum does not include a receiving vault for the temporary storage of dead human bodies pending burial, interment or other lawful disposition; (f) newborn infant means an infant under 28 days of age.

4 (g) organization means (i) a religious auxiliary, religious denomination or municipality that is permitted by the Act to establish and operate a cemetery, mausoleum or columbarium, or (ii) in respect of an established cemetery, mausoleum or columbarium, the religious auxiliary, religious denomination, municipality or other corporate body operating that cemetery, mausoleum or columbarium. Sale of Cemetery Supplies, Cemetery Services and Interment Space Calculation of resale price 2 For the purposes of section 25(b) of the Act, the purchase price of a plot shall be an amount representing at least 85% of the market value of the plot at the date of resale. AR 249/98 s2;251/2001 Cancellation without penalty 3 For the purposes of section 67(1) of the Act, a pre-need contract may be cancelled at any time, but the period within which it may be cancelled without charge or penalty is 30 days from the date on which the purchaser receives a copy of the contract. AR 249/98 s3;251/2001 Section 4 AR 249/98 general REGULATION 4 Requirements of contracts 4 A contract for the provision of cemetery supplies or cemetery services or both shall (a) be in writing, (b) be signed by the purchaser and the vendor, (c) contain a detailed listing of the cemetery supplies or cemetery services or both to be provided by the vendor and the cost to be charged to the purchaser for each of those cemetery supplies and cemetery services, and (d) contain a statement disclosing what portion of the money paid as the consideration under the contract is for the provision of perpetual care.

5 Form of notice in pre-need contracts 5 For the purposes of section 73(b) of the Act, the notice required in the case of a pre-need contract shall be in the form in the Schedule. AR 249/98 s5;251/2001 Statement about cemetery 6 The owner of a cemetery shall, on request, file with the Director a statement for the period stated in the request setting out (a) the names of the purchasers of lots and in each case the number purchased, the price paid and the amount set aside in the perpetual care fund, and (b) the names of the purchasers of monuments or markers and in each case the price paid and the amount set aside in the perpetual care fund. Statement about mausoleum or columbarium 7 The owner of a mausoleum or columbarium shall, on request, file with the Director a statement for the period stated in the request setting out the names of the purchasers of compartments or other space and in each case the number purchased, the price paid and the amount set aside in the perpetual care fund.

6 Disposition of Remains Death of fetus 8 In the case of the death of a fetus, the remains need not be disposed of as required by sections 5 and 6 of the Act, but Section 9 AR 249/98 general REGULATION 5 (a) the manner of disposition is subject to the parents or guardian s request, (b) the manner of disposition must not cause public offence, and (c) where the fetus completed 20 weeks gestation or weighed 500 grams or more, a burial permit must be obtained prior to any disposition of the remains. AR 249/98 s8;251/2001 Death of newborn infant 9 In the case of the death of a newborn infant, the remains need not be disposed of as required by sections 5 and 6 of the Act, but (a) the manner of disposition is subject to the parents or guardian s request, (b) the manner of disposition must not cause public offence, and (c) a burial permit must be obtained prior to any disposition of the remains. AR 249/98 s9;251/2001 Death of fetus or newborn infant in hospital 10 In the case of the death in a hospital of a fetus or a newborn infant, the hospital may dispose of the remains, but (a) the manner of disposition is subject to the parents or guardian s request, (b) the manner of disposition must not cause public offence, and (c) the hospital must obtain the burial permit required under section 8 or 9.

7 Who may control disposition 11(1) In this section, (a) living with the deceased includes a situation where (i) the deceased resided before death in a care facility for health reasons and the spouse or adult interdependent partner continued to provide the usual support customarily associated with couples intending to continue a relationship, or Section 11 AR 249/98 general REGULATION 6 (ii) the deceased and the spouse or adult interdependent partner were living apart at the time of death due only to circumstances other than a breakdown of their relationship; (b) parent means, if the deceased is a minor, the parent who had legal custody of the deceased at the time of death. (2) Where the owner of a cemetery, crematory or mausoleum or a columbarium operator is faced with a dispute among a deceased s family or others concerning who has the right to control the disposition of the deceased s remains, the owner of the cemetery, crematory or mausoleum or the columbarium operator shall, subject to the order of a court, recognize a person s right to control the disposition of those remains in the following order of priority: (a) the personal representative designated in the will of the deceased; (b) the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death; (c) an adult child of the deceased; (d) a parent of the deceased; (e) a guardian of the deceased under the Adult Guardianship and Trusteeship Act or, if the deceased is a minor, under the Child, Youth and Family Enhancement Act or the Family Law Act; (f) an adult grandchild of the deceased.

8 (g) an adult brother or sister of the deceased; (h) an adult nephew or niece of the deceased; (i) an adult next of kin of the deceased determined on the basis provided by sections 67 and 68 of the Wills and Succession Act; (j) the Public Trustee; (k) an adult person having some relationship with the deceased not based on blood ties or affinity; (l) the Minister of Human Services. (3) If, under subsection (2)(c) to (h), the right to control the disposition of human remains or cremated remains passes to persons of equal rank, in the absence of agreement between or Section 12 AR 249/98 general REGULATION 7among them, the order of priority begins with the eldest person in that rank and descends in order of age. (4) If the person who, under this section, has the right to control the disposition of human remains or cremated remains is not available or is unwilling to give instructions, that right passes to the next available qualified person. AR 249/98 s11;206/2001;142/2003;331/2003;8/2005;21 2/2005;35/2007; 68/2008;168/2010;31/2012 Burial of indigents and unclaimed bodies 12(1) Unless a demand for the body of a destitute or indigent person or an unclaimed body is made under the Post-secondary Learning Act, a local authority, hospital, funeral director or other person in charge of the disposition by burial of the body shall give notice to the person in charge of a cemetery and request permission to bury the body in the cemetery.

9 (2) The burial shall be carried out in accordance with this Regulation and the by-laws or rules governing the cemetery. AR 249/98 s12;8/2005 Burial costs for indigents 13 When a destitute or indigent person dies, the Minister of Human Services is responsible for the cost of burial or other disposition of that person s body. AR 249/98 s13;206/2001;35/2007;68/2008;31/2012 Director s Approval of CEMETERIES and Mausolea Application to operate or establish a cemetery 14(1) An organization wishing to operate or establish a cemetery shall apply to the Director for provisional approval of the cemetery site. (2) The application shall be accompanied with (a) a sketch plan that shows (i) the location of the proposed cemetery site, (ii) a general indication of the slope of the land, (iii) the location of (A) all buildings used for human habitation, and (B) all water supplies used for domestic purposes Section 15 AR 249/98 general REGULATION 8 within 150 metres of any point on the perimeter of the proposed cemetery site, and (b) any additional information required by the Director.

10 Inspection of site 15 On receipt of an application under section 14, the Director may inspect the proposed cemetery site. Provisional approval 16(1) The Director may, after considering the application and the results of any inspection carried out under section 15, grant a provisional approval for the operation or establishment of the cemetery subject to such terms and conditions the Director considers necessary. (2) A provisional approval is valid for a period determined by the Director, not exceeding one year, and the Director may renew a provisional approval for further periods, each not exceeding one year. (3) A provisional approval does not authorize use of the proposed cemetery site for burials. Final certificate of approval 17(1) The Director may (a) issue a final certificate of approval subject to such terms and conditions the Director considers necessary, on being satisfied that the organization wishing to operate or establish a cemetery (i) has obtained a separate title to the property comprising the cemetery in the organization s name or in the name of some other person acting on its behalf, and (ii) is in compliance with other applicable legislation, or (b) refuse to issue a final certificate of approval if, in the Director s opinion, it is not in the public interest to issue it.