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The Cemeteries Act

C.C.S.M. c. C30

The Cemeteries Act

1 Definitions
2 Application of Act
2.1 Powers of board
PART I
CEMETERIES
3 Enclosure of cemetery
4 Repair of cemetery
5 (1) Maintenance of sewers and drains in connection with cemetery
(2) Power to open drains and sewers
6 Penalty for disobeying sections 3, 4 and 5
7 Penalty for fouling water
8 (1) Civil action for special damages for fouling water
(2) Where no special damage proved
9 (1) Erection of chapel or vault for winter use
(2) Construction of building
10 Erection of mausoleum
11 No grave under or near building
12 (1) Regulations re conduct of burials
(2) Religious ceremony in case a public cemetery
13 (1) Graves for strangers and poor
(2) Municipality liable
14 Cemeteries and lots exempt from seizure
15 Registration of conveyance
16 Form of conveyance or transfer
17 Lots or plots indivisible
18 (1) Conveyances or transfers of crypts or compartment in mausoleums
(2) Registration not required
PART II
CREMATORIES
19 (1) Requirements for construction of crematories
(2) Limitation on construction of crematories
(3) Crematories authorized
(4) Licence required for operation
(5) Issue of licence
(6) Requirements for approval of plans
(7) Requirements for issue of licence
(8) Operation in conformity with regulations
20 (1) Expiry of licence
(2) Suspension, cancellation, or refusal to renew licence
(3) Procedure before suspension, cancellation, or refusal
(4) Hearing
(5) Evidence
21 (1) Offence and penalty
(2) Penalty for false representation
22 (1) Approved charges for cremation
(2) Charges part of funeral expenses
23 Statutory provisions apply
PART III
PERPETUAL CARE FUNDS
24 Where Part not applicable
25 (1) Licence required for operation of cemetery, etc.
(2) Licence required by owner for sale of lots, etc.
(3) Licence required by agent for sale, etc., of lots
26 (1) Issue of licence for operation
(2) Issue of licences for sale, etc.
(2.1) Conditions
(3) Fee for licence
(4) Expiry of licence
27 Approval of contracts
28 (1) Setting aside of perpetual care funds
(2) Payment to authorized trustee
29 (1) Perpetual care funds held in trust
(2) Separate accounts
(3) Application of Trustee Act
(4) Return of perpetual care funds to owner
30 (1) Application of income of perpetual care funds
(2) Restriction on payment of income
(3) Use of income by owner
31 (1) "Perpetual care funds" includes income
(2) Passing of accounts
(3) Board may direct passing of accounts
(4) Additional information
(5) Appointment of expert
(6) Extension of time
(7) Hearing not required
(8) Breach or contravention
32 Repealed
33 Information required by authorized trustee
34 Law applicable
34.1 (1) Contravention of this Part
(2) Directors and officers
(3) Continuing offence
PART IV
GENERAL
35 (1) Various offences
(2) Offence and penalty
(3) Repealed
35.1 (1) Restitution order
(2) Order filed in court
(3) Person must pay restitution ordered
36 (1) Action for damages
(2) Application of moneys received
37 Organization and powers of board of trustees
38 Conveyance of lands held for cemetery purposes
39 Regulations