Acts and Regulations

94-129 - General

Full text
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
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
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 the district medical health officer;
(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 the district medical health officer;
(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.
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 the district medical health officer;
(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 the district medical health officer;
(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.