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
(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Repealed: 2017, c.20, s.15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
(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