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Volume 47, No. 14

B.C. Reg. 297/2004

The British Columbia Gazette,

Part II

July 13, 2004

B.C. Reg. 297/2004, deposited June 30, 2004, pursuant

to the CREMATION, INTERMENT AND FUNERAL SERVICES ACT [Sections 58

and 68] and the BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

[Section 200]. Order in Council 659/2004, approved and ordered

June 30, 2004.

On the recommendation of the undersigned, the Administrator,

by and with the advice and consent of the Executive Council, orders that, effective

July 4, 2004, the attached Administrative Penalties Regulation is

made.

— R. COLEMAN, Minister of Public Safety and Solicitor General;

C. CLARK, Presiding Member of the Executive Council.

ADMINISTRATIVE PENALTIES REGULATION

Contents

Definition

Prescribed provisions of the Act

Prescribed provisions of the Cremation, Interment and Funeral Services Regulations

Continuing contraventions

Due diligence

Failure to pay an administrative penalty

Definition

1 In this regulation, "Act" means the Cremation,

Interment and Funeral Services Act .

Prescribed provisions of the Act

2 For the purposes of

section 58 (1) (

a) and (2)

(a) [administrative penalties] of the Act, the following provisions of

the Act are prescribed:

(

a) section 3 [records to be kept] ;

(

b) section 36 [requirements for operators that do not have care fund] ;

(c)

section 39 (1) (a) [requirements for bylaws — place of interment] ;

(d)

section 39 (2) (a) [requirements for bylaws — crematorium] ;

(e)

section 39 (3) [requirement to submit a copy of bylaws] ;

(f)

section 39 (6) [requirement to make bylaws available] ;

(g)

section 42 (3) [requirement to keep maps and plans of subdivisions] ;

(h)

section 42 (4) [requirement to transfer maps and plans of subdivision] ;

(

i) section 45 [notice required if war graves proposed to be affected] ;

(j)

section 46 (3) [exemption of operator from liability and conferral of certain powers] ;

(k)

section 51 (5) [prerequisites for conversion of place of interment] ;

(

l) provisions referred to in

section 61 (2) [offences] ;

(m)

section 61 (3) except paragraph (d) (iii).

Prescribed provisions of the Cremation,

Interment and Funeral Services Regulations

(1) For the purposes of

section 58 (1) (

a) and

(2) (a) [administrative penalties] of the Act, the following provisions

of Parts 1 [General] and 2 [Places of Interment] of the Cremation,

Interment and Funeral Services Regulations are prescribed:

(

a) section 2 [respectful handling of human remains] ;

(b)

section 8 (1) [disposition of unclaimed cremated remains] ;

(

c) section 11 [identification of funeral provider or operator] ;

(d)

section 12 (1) [identification of affiliation — business address] ;

(e)

section 12 (2) [identification of affiliation — public company] ;

(f)

section 12 (3) [identification of affiliation — contractual relationships of society] ;

(

g) section 13 [prohibited charges] ;

(

h) section 15 [location of licensed activity] ;

(

i) section 16 [reporting to director] ;

(

j) section 19 [approval for additional areas] ;

(k)

section 21 (1) [administration of care fund — payments to care fund] ;

(l)

section 25 (4) [reclamation of right of interment previously sold — providing alternative right of interment] .

(2) For the purposes of

section 58 (1) (

a) and (2) (a)

[administrative penalties] of the Act, the following provisions of Parts 3

[Crematoria] and 4 [Funeral Services] of the Cremation, Interment

and Funeral Services Regulations are prescribed:

(a)

section 29 (1) [obligation of crematorium operator

to apply for an amended licence] ;

(b)

section 32 (1) [facility requirements for funeral

providers — meeting room] ;

(c)

section 32 (2) [facility requirements for funeral

providers — room for care and preparation of human remains] ;

(d)

section 32 (3) [facility requirements for funeral

providers — equipment] ;

(e)

section 33 (1) [obligations of funeral providers] ;

(f)

section 33 (3) [obligations of funeral providers

— location] ;

(g)

section 34 (1) [display of containers] ;

(h)

section 34 (2) [display room or area] ;

(i)

section 34 (3) [display of price of container] ;

(j)

section 38 (1) [continuing education] ;

(k)

section 39 (1) [obligations of funeral directors] ;

(l)

section 39 (2) [obligations of embalmers] ;

(

m) section 40 [reporting requirements of funeral

director] ;

(

n) section 41 [display of licences] ;

(o)

section 42 (1) [change of address of funeral provider] ;

(p)

section 42 (2) [change of address or employer] ;

(q)

section 42 (3) [return of licence] .

Continuing contraventions

4 The director may impose administrative penalties

on a daily basis for continuing contraventions.

Due diligence

5 A notice imposing an administrative penalty

for the following contraventions must be cancelled in respect of those contraventions

if the person on whom the notice was served demonstrates to the satisfaction

of the director that the person exercised due diligence to prevent the contravention:

(

a) a contravention of provisions referred to in

section 61 (2) of the Act;

(

b) a contravention of

section 61 (3) of the Act;

(

c) a contravention of

section 58 (1) (

b) to (

f) of the Act.

Failure to pay an administrative

penalty

6 If a person fails to pay an administrative penalty

as required under

section 167 [due date of penalty] of the Business

Practices and Consumer Protection Act , as it applies for the purposes of

the Act, the director, before filing the notice of penalty with a court in accordance

with

section 168 (2) [enforcement of administrative penalty]

of the Business Practices and Consumer Protection Act , as it applies

for the purposes of the Act, must impose an additional administrative penalty

equal to 10% of the unpaid administrative penalty.

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