Lesson 4: Cemetery and Cremation Law - Alberta

Question 1

Common elements shared between the Funeral Services Act and the Cemeteries Act

Answer 1

Minister of Service Alberta is ultimately responsible for the Cemeteries Act and the Funeral Services Act
The Minister delegates authority under an act to the Director - this is who delegates to the AFSRB. The list of who controls disposition in the order of priority is the same in the 2 Acts.

Question 2

Unique elements of the Funeral Services Act and Cemeteries Act

Answer 2

The Director has delegated duties to the AFSRB for responsibilities for the Funeral Services Act but the Cemeteries Act has not been delegated to a board. The Cemeteries Act and Funeral Services Act have different Directors appointed by the Minister. The AFSRB is not in charge of regulating or enforcing the Cemeteries Act. The AFSRB is not responsible for enforcing or regulating cemeteries, mausoleums, and columbariums, but they do have the power and responsibility to regulate and enforce legislation regarding crematoriums.

Question 3

Order of Priority for control of disposition

Answer 3

1. A personal representative designated in the will of the deceased
2. The spouse or partner of the deceased if they were living with the deceased at the time of death
3. An adult child of the deceased
4. A parent of the deceased
5. A legal guardian of the deceased
6. An adult grandchild of the deceased
7. an adult brother or sister of the deceased
8. An adult niece or nephew of the deceased
9. Any adult next of kin of the deceased
10. A public trustee
11. An adult person having any relationship with the deceased not based on blood ties or affinity
12. Minister of Seniors, Community and Social Services

Question 4

Right to Appeal

Answer 4

under both the Cemeteries Act and the Funeral Services Act: a decision of the director concerning refusing or renewing a license, the cancellation, or suspension of a license or a written order issues to a licensee under the act may be appealed to the minister within 30 days of being informed of the decision

Question 5

Solicitation Restrictions

Answer 5

under both the Cemeteries Act and the Funeral Services Act: you cannot cold call someone to make a sale unless requested by that person, cannot sell cemetery or funeral goods or services door to door, cannot display or distribute information about preneed funeral service contracts in any home or residence for elderly persons or on the grounds of any hospital, residence, or home unless with written permission from the management of the establishment

Question 6

The four practices regarding unfair practices that can be found in the Cemeteries Act and the Funeral Services Act

Answer 6

1. exerting undue pressure or influence on a person to enter into a contract
2. taking advantage of a person’s inability to understand the character, nature, language, or effect of the contract or any manner related to the contract
3. entering into a contract if the seller knows or ought to know that there is no reasonable probability that the person is unable to pay the full price for the funeral or cemetery goods and services listed in the contract
4. stating that funeral or cemetery goods and services provided for in the contract are required by law if this is not the case

Question 7

what is regulated under only the Cemeteries Act?

Answer 7

the provision of a perpetual care fund for the ongoing maintenance of cemeteries in perpetuity and the regulation of crematoriums is described under the Cemeteries Act

Question 8

What are the 3 classifications of cemeteries by ownership?

Answer 8

Municipally-owned cemeteries, cemeteries owned by religious denominations and churches, and privately-owned cemeteries (commercial business cemeteries)

Question 9

Who can develop new cemeteries in Alberta?

Answer 9

Municipalities and Religious Denominations can develop new cemeteries, columbaria, and mausoleums, privately owned cemeteries cannot.

Question 10

who creates the rules for cemeteries?

Answer 10

The Cemeteries Act will include legislation that regulates cemeteries but the cemetery itself must have its own set of rules/regulations and bylaws that will govern day-to-day operations. Ex. hours of operations, requirements for concrete liners, type of monuments and markers allowed, use of flowers, etc. The cemetery operator will create these rules.

Question 11

where can burials take place?

Answer 11

only in approved cemeteries

Question 12

what cemeteries need to be licensed?

Answer 12

privately owned cemeteries need to be licensed and prove their commitment to the long-term upkeep and care of the cemetery, they have more obligations and responsibilities laid out in the Cemeteries Act than municipal or religious cemeteries have.

Question 13

What needs to happen before burial can take place?

Answer 13

Burial in any cemetery can only happen after the death has been medically certified, registered, and a burial permit has been issued through vital statistics.

Question 14

what is required for a disinterment to take place?

Answer 14

A disinterment permit has to be issued by the Director of Vital Statistics, cremated remains that are interred with a body in a grave may not be removed without a disinterment permit also issued by the Director of Vital Statistics. Urns interred in a columbarium do not require a disinterment permit. Cemeteries can make rules about burial plot interment urns.

Question 15

what plots must be sold for 50% of their regular price?

Answer 15

plots for burial of unclaimed bodies, and those who are indigent or destitute. and for veteran plots

Question 16

when can plots be resold?

Answer 16

if interment space has not been used and the cemetery owner has not had contact with the plot purchaser within the past 20 years, then the cemetery owner can seek to recover the plot but must make a reasonable effort to find the owner of the plot, and should the plot owner claim the space at a later time they must be reimbursed.

Question 17

Crematory Regulation under the Cemeteries Act

Answer 17

owner and operator of the crematorium must be licensed to own and operate a crematory. owner of the facility must comply with specific provisions of the Act concerning the maintenance of the safety of the cremation unit and accurate recording of cremation activities in a register.

Question 18

disposal of cremated remains regulations

Answer 18

under the Cemeteries Act: cremated remains must be held for 1 year within the date of cremation and after that, the remains can be disposed of in a way that does not cause offence or nuisance. After 5 years the unclaimed remains must be disposed of.

Question 19

perpetual care funds

Answer 19

maintenance, care, and upkeep of cemeteries including plots, graves, lots, crypts, markers, monuments, enclosers, structures, etc. are ensured in perpetuity through a perpetual care trust fund. Whenever a certain cemetery operator sells a plot, space, or monument/marker a certain percentage of the sale must go to a perpetual care trust fund which is separate from the cemetery’s general bank account. Only a portion of the interest gained in the trust fund is used to pay for the upkeep, the capital (deposited money) is never touched, ensuring the account always has the funds to use for yearly maintenance. 90% of the interest is used annually for upkeep. 15% for plots goes into trust and 10% for monuments.

Question 20

pre-need cemetery contracts

Answer 20

every contract must be:
written, signed by purchaser and seller, contain the name of the salesperson and name of the owner for whom the salesperson is selling, contain a detailed list of the cemetery supplies or services or both to be provided by the seller, contain cost to be charged for each supply and service, disclose what portion of money paid is required for perpetual care, disclose what portion of money is for the cost of cemetery supplies or services or both, and contain a cancellation schedule in the proper form. Purchaser must receive a signed copy of the contract by mail or in person within 7 days after the day the contract was signed by the purchaser.

Question 21

what activities are offenses and prohibited in a cemetery?

Answer 21

shooting a firearm for hunting purposes, destroying or removing any property or structure, cutting, bending, breaking, destroying trees, shrubs, or plants, disturbing a person gathered at a burial, creating a nuisance.

Question 22

Cemeteries Act 2 legal alternatives to earth burial

Answer 22

cremation in an approved crematory, and placement in a mausoleum

Question 23

if a cemetery owner wishes to hold remains during the winter what are the requirements for storing them?

Answer 23

casket must be placed in a chapel and vault or vault alone made of stone and/or brick

Question 24

what is the definition of a newborn under the Cemeteries Act?

Answer 24

an infant under 28 days of age

Question 25

regarding newborns and fetuses what would not require a burial permit?

Answer 25

a fetus under 20 weeks gestation and less than 500 grams

Question 26

what information needs to be kept in a register with information about each human body by the crematory owner?

Answer 26

DOD, Date of crem, name of physician giving medical certificate of death, name of deceased, POD, name of person in charge of making arrangements, cremation fee, name and address of NOK/personal representative, the disposition of the ashes, description of cremation container