Acts and Regulations

A-8 - Anatomy Act

Table of contents
Full text
Repealed on 1 September 2011
CHAPTER A-8
Anatomy Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“death notice” means a notice sent to the inspector pursuant to section 2;(avis de décès)
“inspector” means the inspector of anatomy appointed under section 11;(inspecteur)
“Minister” means the Minister of Health;(Ministre)
“school” means a medical school or other institution designated under section 11 as a school to receive bodies under this Act.(école)
1957, c.4, s.1; 1986, c.8, s.8; 2000, c.26, s.18; 2006, c.16, s.10
Death notice
2Where the body of a dead person
(a) upon which a coroner deems no further inquiry or examination necessary, is found publicly exposed, or
(b) who immediately before death was maintained in and by a public institution, is to be buried at the public expense,
unless some relative or friends of the deceased, within forty-eight hours of the date of death, claims the body for burial,
(c) the coroner for the district in which the body is found, or
(d) the person in charge of the public institution in and by which the deceased was maintained immediately before his death,
shall send to the inspector a death notice in writing setting forth as far as possible the name, age, sex, marital status, religion and nationality of the deceased and the date and cause of death.
1957, c.4, s.2; 1971, c.31, s.1
Disposal of body
3When the inspector receives a death notice, he shall,
(a) if the body is required at the school, immediately instruct an undertaker to take charge of the body, or
(b) if the body is not required at the school, immediately notify the person from whom he received the death notice, to cause the body to be disposed of as in cases which do not come under this Act.
1957, c.4, s.3
Shipment of body to school
4Where the undertaker takes charge of the body pursuant to instructions given under paragraph 3(a), he shall
(a) prepare the body for shipment in such manner, and
(b) ship the body to the school by such means,
as the inspector directs.
1957, c.4, s.4
Receipt for body
5When the body is received at the school, the inspector
(a) shall send a receipt for the body to the person from whom the death notice was received, and
(b) shall send two copies of the death notice to the school.
1957, c.4, s.5
Register of inspector
6The inspector
(a) shall enter in a register kept by him for the purpose,
(i) the particulars contained in each death notice, and
(ii) the particulars sent to him under paragraph 7(e) relating to the receipt and disposal of the body, and
(b) shall preserve all bonds, certificates and other papers which come into his possession in connection with his office.
1957, c.4, s.6
Duties of school
7The school
(a) by its President and Business Manager, shall give to the inspector a bond with two sureties in the penal sum of one hundred dollars for each body received by it under this Act for the purpose of ensuring
(i) that the body will be used only for the promotion of anatomical or pathological science,
(ii) that proper attention will be given for the preservation of the remains, and
(iii) that the remains after being used in accordance with subparagraph (i), will be decently buried in a cemetery or cremated, in accordance with the religious faith of the deceased,
(b) shall keep and preserve any body received under this Act for at least fourteen days,
(c) shall, if some relative or friend claims the body within the time referred to in paragraph (b), deliver the body to the relative or friend upon receipt of fifty dollars for the reasonable costs and charges incurred in preserving and keeping the body,
(d) shall enter in a register kept by the school for the purpose,
(i) the particulars contained in each death notice sent to it under section 5,
(ii) the date each body was received by the school,
(iii) the date each body was delivered for burial, and
(iv) the name and description of the cemetery in which the body was buried, and
(e) shall return one copy of the death notice to the inspector, together with such other information as is entered in its register under paragraph (d) relating to the receipt and disposal of the body.
1957, c.4, s.7; 1976, c.4, s.1
Certificate respecting body
8Unless a certificate of a medical practitioner or a coroner has been obtained certifying
(a) that the cause of death has been definitely ascertained, and
(b) that there exists no other cause for inquiry or examination,
no person shall accept for shipment or ship a dead body that is within the scope of this Act from any place within this Province to any place outside the Province.
1957, c.4, s.8
Offence and penalty
9(1)A person who knowingly violates or fails to comply with paragraph 7(a) or 7(e) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
9(2)A person who knowingly violates or fails to comply with paragraph 7(d) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
9(3)A person who knowingly violates or fails to comply with section 4, paragraph 7(b) or 7(c) or section 8 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
1957, c.4, s.9; 1990, c.61, s.6
Inspection by Minister
10The Minister may cause to be inspected at such times and in such manner as he sees fit
(a) the anatomy rooms of the school,
(b) the methods used by the school for preserving bodies,
(c) the register kept by the school pursuant to section 7, and
(d) the register, bonds, certificates and other papers which come into possession of the inspector under this Act.
1957, c.4, s.10
Designation of schools
11If a medical school or other institution
(a) admits students from this Province for the purpose of attending courses in anatomical or pathological science, and
(b) expresses a willingness to enter into an agreement with the Minister whereby it agrees
(i) to pay all expenses in connection with the removal, delivery and burial of any body coming into its possession under this Act,
(ii) to pay the inspector such remuneration for his services as the Minister determines, and
(iii) to comply with this Act and such other terms and conditions as the Minister deems expedient,
the Lieutenant-Governor in Council
(c) may designate the medical school or other institution as a school to receive bodies under this Act,
(d) may authorize the Minister to execute the agreement referred to in paragraph (b), and
(e) may appoint an inspector of anatomy for the purposes of this Act.
1957, c.4, s.11
N.B. This Act is consolidated to September 1, 2011.