Acts and Regulations

94-129 - General

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Current to 13 December 2023
NEW BRUNSWICK
REGULATION 94-129
under the
Cemetery Companies Act
(O.C. 94-693)
Filed October 18, 1994
Under subsection 41(1) of the Cemetery Companies Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Cemetery Companies Act.
2In this Regulation
“Act” means the Cemetery Companies Act;(Loi)
“area” means a separate section within a columbarium, crypt, mausoleum or vault that is designed and used for the storage of human remains;(espace)
“body of water” means a creek, stream, river, ocean, pond, spring, lake, canal, aquifer, well, reservoir, aqueduct, water pipe, watering place, ground water occurrence or any other such accumulation of or conduit of water whether above or below ground.(étendue d’eau)
3(1)A person shall apply for an approval under paragraphs 5(1)(a) and (c) of the Act to establish, alter or extend a public or private cemetery by submitting a written application to the Minister.
3(2)An application submitted under subsection (1) to establish, alter or extend a public cemetery or a private cemetery that is not a family cemetery shall
(a) contain the following information:
(i) the name and address of the applicant;
(ii) the name and address of the cemetery;
(iii) if lots are being created or eliminated in the cemetery, the number of lots being created or eliminated;
(iv) a description of the type of soil in the cemetery;
(v) the distance from the land surface to any ground water or rock formation in the cemetery;
(vi) a boundary description of the property where the cemetery is or will be located;
(vii) a financial statement of the applicant;
(viii) a detailed statement of the plan for the Perpetual Care Fund for the cemetery; and
(ix) any other information that the Minister may require; and
(b) be accompanied by
(i) two copies of a plan of the cemetery that is drawn to scale and shows the location, dimensions and boundaries of every lot, path, fence, structure, building, road or body of water in the cemetery and any road or body of water that is adjacent to the cemetery;
(ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the property where the cemetery is or will be located;
(iii) a written approval for the establishment, alteration or extension of the cemetery from a medical officer of health;
(iv) a copy of the approval under paragraph 5(1)(b) of the Act;
(v) if the applicant is incorporated under the Business Corporations Act, a certified copy of the certificate of incorporation and the articles of incorporation of the applicant;
(vi) if the applicant is incorporated under the Companies Act, a certified copy of the letters patent of the applicant; and
(vii) if the property where the cemetery is or will be located is less than 2.023 hectares, a copy of the subdivision plan of the property.
3(3)An application submitted under subsection (1) to establish, alter or extend a family cemetery shall
(a) contain the following information:
(i) the name and address of the applicant;
(ii) the name and address of the family cemetery;
(iii) if lots are being created or eliminated in the family cemetery, the number of lots being created or eliminated;
(iv) a description of the type of soil in the family cemetery;
(v) the distance from the land surface to any ground water or rock formation in the family cemetery;
(vi) a boundary description of the property where the family cemetery is or will be located; and
(vii) any other information that the Minister may require; and
(b) be accompanied by
(i) a copy of a plan of the family cemetery that is drawn to scale and shows the location, dimensions and boundaries of every lot, path, fence, structure, building, road or body of water in the family cemetery and any road or body of water that is adjacent to the family cemetery;
(ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the property where the family cemetery is or will be located;
(iii) a written approval for the establishment, alteration or extension of the family cemetery from a medical officer of health;
(iv) a copy of the approval under paragraph 5(1)(b) of the Act; and
(v) if the property where the family cemetery is or will be located is less than 2.023 hectares, a copy of a subdivision plan of the property.
3(4)If the Minister approves an application submitted under subsection (1), the Minister shall submit the application to the Lieutenant-Governor in Council for approval.
3(5)If the Minister does not approve an application submitted under subsection (1), the Minister shall send a letter to the applicant informing the applicant of the decision.
3(6)If the Lieutenant-Governor in Council approves an application submitted under subsection (4), the Minister shall send by ordinary mail a copy of the approval to the applicant.
3(7)If the Lieutenant-Governor in Council does not approve an application submitted under subsection (4), the Minister shall within thirty days after receiving the decision of the Lieutenant-Governor in Council send a letter to the applicant informing the applicant of the decision.
2017, c.42, s.72; 2023, c.2, s.163
4No person shall establish, alter or extend a cemetery or portion of a cemetery
(a) on land that is subject to flooding,
(b) on land where ground water or bedrock is situated less than two metres below the land surface,
(c) within fifteen metres of a boundary of an arterial highway or a collector highway as defined in the Highway Act,
(d) within seven and one-half metres of a boundary of a street in a village or rural community that does not have a zoning by-law or of a highway that is not an arterial highway or a collector highway as defined in the Highway Act,
(e) within seventy-five metres of a watershed, aquifer or ground water recharge area that is used as a source of water for a public water supply system, or
(f) within fifteen metres of a body of water that is not used as a source of water for a public water supply system.
2005-83
5The company that manages and operates a cemetery or the person responsible for a family cemetery, as the case may be, shall ensure that
(a) precautions are taken to prevent the contamination of a body of water that is located within or near the boundaries of the cemetery,
(b) precautions are taken to prevent the soil erosion of graves or exposure of human remains that are buried in the cemetery,
(c) adequate protection is provided for human remains that are buried in the cemetery,
(d) any human remains that are buried in the cemetery and become exposed are reburied as soon as possible in the same lot or, if necessary, in a new lot in the same cemetery,
(e) if a lot in the cemetery is damaged, it is repaired as soon as possible,
(f) the boundaries of each lot in the cemetery are marked by stakes, and
(g) each lot in the cemetery is numbered and lettered so that the location of the lot is easily identified.
6(1)Subject to subsection (2), except with the prior written approval of the Minister, no person shall bury human remains in a lot in a cemetery unless the lot is at least 0.9 metres wide and 2.9 metres long.
6(2)Subsection (1) does not apply if a lot in a cemetery is used for the burial of human remains that are cremated.
98-98
7(1)Where human remains are enclosed in a casket that is placed in a box, the grave shall be dug to a depth that allows at least 0.6 metres of soil to cover the box.
7(2)Where human remains are enclosed in a casket that is not placed in a box, the grave shall be dug to a depth that allows at least 0.9 metres of soil to cover the casket.
7(3)Where human remains are not enclosed in a casket or box, the grave shall be dug to a depth that allows at least 1.3 metres of soil to cover the human remains.
8A company that manages and operates a cemetery may make by-laws with respect to
(a) the establishment and administration of the Perpetual Care Fund for the cemetery,
(b) the hours of operation of the cemetery, or
(c) the procedures and fees for services provided to the public relating to genealogical searches of records that are maintained by the company.
9The company that manages and operates a cemetery or the person responsible for a family cemetery, as the case may be, shall maintain a plan of the cemetery that is drawn to scale and shows the location, dimensions and boundaries
(a) of every path, fence, structure, building, road or body of water in the cemetery,
(b) of any road or body of water that is adjacent to the cemetery, and
(c) of each lot in the cemetery and the number and letter of each lot.
10A company that manages and operates a cemetery shall maintain a record of the following information:
(a) the name and address of each person to whom a lot in the cemetery is sold or transferred and the date of the sale or transfer;
(b) the sale price of each lot in the cemetery;
(c) the name and address at the time of death of each person whose remains are buried in a lot in the cemetery;
(d) the date of each burial of human remains in a lot in the cemetery;
(e) the name and address of each person who is responsible for a funeral for a deceased person whose remains are buried in the cemetery;
(f) the amount of any fee charged by the company for services provided to the public relating to genealogical searches of records maintained by the company and a description of the type of services;
(g) if human remains are removed from the cemetery, the date of the removal;
(h) if human remains are removed from a lot in the cemetery and reburied in another lot in the same cemetery, the new location of the remains;
(i) if human remains are received from another cemetery or a columbarium, crypt, mausoleum or vault, the date the remains are received, and the location of the lot in which the remains are buried; and
(j) if a lot is less than the size required under subsection 6(1), the location and dimensions of the lot and the reasons for the smaller lot.
2017, c.42, s.72
11A company that manages and operates a cemetery shall make available for public inspection at its place of business
(a) the plan maintained under section 9, and
(b) the record maintained under section 10.
12(1)No person shall establish a columbarium or crematorium unless the person is a company incorporated in accordance with the Act.
12(2)No person shall alter or extend a columbarium or crematorium unless
(a) the person is a company incorporated in accordance with the Act, and
(b) the person obtains the written approval of the Minister.
12(3)A company shall apply for an approval under section 40 of the Act or under paragraph (2)(b) by submitting a written application to the Minister.
12(4)An application submitted under subsection (3) to establish, alter or extend a columbarium shall
(a) contain the following information:
(i) the name and address of the applicant;
(ii) the name and address of the columbarium;
(iii) if areas are being created or eliminated in the columbarium, the number of areas being created or eliminated; and
(iv) any other information that the Minister may require; and
(b) be accompanied by
(i) a copy of a plan of the columbarium and the property where it is or will be located that shows the location, dimensions and boundaries of every area, structure, building, road, path, fence or body of water adjacent to the columbarium;
(ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the property where the columbarium is or will be located;
(iii) a copy of a design of the columbarium that is prepared by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to practise as a professional engineer under the Engineering Profession Act that contains a list of
(A) the materials used or to be used in the construction of the columbarium, and
(B) the security features in the columbarium;
(iv) if the columbarium is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the columbarium;
(iv.1) Repealed: 2017, c.20, s.15
(v) if the columbarium is or will be located within an unincorporated area, the written approval of the Minister of Local Government for the establishment, alteration or extension of the columbarium.
12(5)An application submitted under subsection (3) to establish, alter or extend a crematorium shall
(a) contain the following information:
(i) the name and address of the applicant;
(ii) the name and address of the crematorium; and
(iii) any other information that the Minister may require; and
(b) be accompanied by
(i) a copy of a plan of the crematorium and the property where it is or will be located that shows the location and dimensions of every structure, building, road or body of water;
(ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the property where the crematorium is or will be located;
(iii) a copy of a design of the crematorium that is prepared by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to practise as a professional engineer under the Engineering Profession Act that contains a list of
(A) the materials used or to be used in the construction of the crematorium, and
(B) the security features in the crematorium;
(iv) if the crematorium is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the crematorium;
(iv.1) Repealed: 2017, c.20, s.15
(v) if the crematorium is or will be located within an unincorporated area, the written approval of the Minister of Local Government for the establishment, alteration or extension of the crematorium.
1998, c.41, s.17; 2000, c.26, s.33; 2005-83; 2006, c.16, s.19; 2012, c.39, s.24; 2017, c.20, s.15; 2020, c.25, s.19; 2023, c.40, s.11
13(1)No person shall establish, alter or extend a crypt, mausoleum or vault unless
(a) the person is a company incorporated in accordance with the Act, and
(b) the person obtains the written approval of the Minister and the approval of the Lieutenant-Governor in Council.
13(2)A company shall apply for an approval under paragraph (1)(b) by submitting a written application to the Minister.
13(3)An application submitted under subsection (2) shall
(a) contain the following information:
(i) the name and address of the applicant;
(ii) the name and address of the crypt, mausoleum or vault;
(iii) if areas are being created or eliminated in the crypt, mausoleum or vault, the number of areas being created or eliminated; and
(iv) any other information that the Minister may require; and
(b) be accompanied by
(i) a copy of a plan of the crypt, mausoleum or vault and the property on which it is or will be located that shows the location and dimensions of every area, path, fence, structure, building, road or body of water adjacent to the crypt, mausoleum or vault;
(ii) a certified copy of a deed or other documentary evidence showing that the applicant owns the property where the crypt, mausoleum or vault is or will be located;
(iii) a copy of a design of the crypt, mausoleum or vault that is prepared by a person who is a member of the Association of Professional Engineers of the Province of New Brunswick or is licensed to practise as a professional engineer under the Engineering Profession Act that contains
(A) a list of the materials used or to be used in the construction of the crypt, mausoleum or vault,
(B) the number of areas in the crypt, mausoleum or vault, and
(C) the security features in the crypt, mausoleum or vault;
(iv) if the crypt, mausoleum or vault is or will be located within a local government, the written approval of the council of the local government for the establishment, alteration or extension of the crypt, mausoleum or vault;
(iv.1) Repealed: 2017, c.20, s.15
(v) if the crypt, mausoleum or vault is or will be located within an unincorporated area, the written approval of the Minister of Local Government for the establishment, alteration or extension of the crypt, mausoleum or vault.
13(4)If the Minister approves an application submitted under subsection (2), the Minister shall submit the application to the Lieutenant-Governor in Council for approval.
13(5)If the Minister does not approve an application submitted under subsection (2), the Minister shall send a letter to the applicant informing the applicant of the decision.
13(6)If the Lieutenant-Governor in Council approves an application submitted under subsection (4), the Minister shall send by ordinary mail a copy of the approval to the applicant.
13(7)If the Lieutenant-Governor in Council does not approve an application submitted under subsection (4), the Minister shall within thirty days after receiving the decision of the Lieutenant-Governor in Council send a letter to the applicant informing the applicant of the decision.
1998, c.41, s.17; 2000, c.26, s.33; 2005-83; 2006, c.16, s.19; 2012, c.39, s.24; 2017, c.20, s.15; 2020, c.25, s.19; 2023, c.40, s.11
14(1)Subject to subsection (2), a columbarium, crypt, mausoleum or vault shall
(a) be constructed of concrete, brick, stone or steel or any combination of these materials,
(b) have bars on any windows,
(c) have each door constructed of steel, and
(d) have a secure locking mechanism on each door.
14(2)Subsection (1) does not apply to a columbarium, crypt, mausoleum or vault that is constructed before the commencement of this Regulation except where the Minister determines that substantial renovations or repairs are being made to the columbarium, crypt, mausoleum or vault.
15(1)Subject to subsection (2), if a chapel is attached to a vault, the entry way between the chapel and the vault shall consist of a small opening through which a casket may be placed into the vault.
15(2)Subsection (1) does not apply to a vault that is constructed before the commencement of this Regulation except where the Minister determines that substantial renovations or repairs are being made to the vault.
16A company that manages and operates a columbarium, crypt, mausoleum or vault shall ensure that
(a) precautions are taken to prevent the contamination of a body of water that is located near the columbarium, crypt, mausoleum or vault,
(b) precautions are taken to prevent the exposure of human remains that are stored in the columbarium, crypt, mausoleum or vault,
(c) adequate protection is provided for human remains that are stored in the columbarium, crypt, mausoleum or vault, and
(d) if an area in the columbarium, crypt, mausoleum or vault is damaged, it is repaired as soon as possible.
17(1)A company that manages and operates a columbarium, crypt or mausoleum shall maintain a record of the following information:
(a) the name and address of each person to whom an area in the columbarium, crypt or mausoleum is sold or transferred and the date of the sale or transfer;
(b) the sale price of each area in the columbarium, crypt or mausoleum;
(c) the name and address at the time of death of each person whose remains are stored in an area in the columbarium, crypt or mausoleum;
(d) the date of each placement of human remains in an area in the columbarium, crypt or mausoleum;
(e) the name and address of each person who is responsible for a funeral for a deceased person whose remains are stored in an area in the columbarium, crypt or mausoleum;
(f) the amount of any fee charged by the company for services provided to the public for genealogical searches of records maintained by the company and a description of the type of services;
(g) if human remains are relocated within the columbarium, crypt or mausoleum, the new location of the remains;
(h) if human remains are removed from the columbarium, crypt or mausoleum, the date of the removal; and
(i) if human remains are received from a vault or family cemetery or another columbarium, crypt or mausoleum, the date on which the remains are received.
17(2)A company that manages and operates a columbarium, crypt or mausoleum shall make available for public inspection at its place of business the record maintained under subsection (1).
2017, c.42, s.72
18(1)A company that manages and operates a vault shall maintain a record of the following information:
(a) the name and address at the time of death of each person whose remains are stored in an area in the vault;
(b) the date of each placement of human remains in the vault; and
(c) the name and address of each person who is responsible for a funeral for a deceased person whose remains are stored in an area in the vault.
18(2)A company that manages and operates a vault shall make available for public inspection at its place of business the record maintained under subsection (1).
19(1)Unless human remains are cremated, the burial or storage of human remains shall be in a cemetery, crypt, mausoleum or vault.
19(2)Human remains that are cremated shall be
(a) placed in a columbarium,
(b) buried in a cemetery, or
(c) given to the person responsible for the funeral of the deceased person or where there is no such person, to the next-of-kin of the deceased person.
19(3)No human remains shall be stored in a crypt unless the casket containing the human remains is placed in a sealed outer container of steel or other durable metal that is completely surrounded by at least one hundred millimetres of concrete that is reinforced with steel rods or mesh.
19(4)Subject to subsection (5), no human remains shall be stored in a vault for more than thirty days.
19(5)If weather conditions prevent the burial of human remains in a cemetery, the remains may be placed in a vault until such time as burial is possible.
20If a cemetery, columbarium, crypt, mausoleum or vault is abandoned or is to be closed, the Minister shall, if possible, ensure that
(a) adequate maintenance is provided for all lots that contain human remains,
(b) all records are obtained relating to the burial or storage of human remains in the cemetery, columbarium, crypt, mausoleum or vault, and
(c) with respect to a cemetery, any money remaining in the Perpetual Care Fund is forwarded to the Minister for use in the perpetual care of the cemetery.
21An inspector shall investigate all complaints that the Minister receives with respect to the management and operation of a cemetery, crematorium, columbarium, crypt, mausoleum or vault.
22New Brunswick Regulation 82-247 under the Cemetery Companies Act is repealed.
N.B. This Regulation is consolidated to December 13, 2023.