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Volume 53, No. 4

B.C. Reg. 63/2010

The British Columbia Gazette,

Part II

March 9, 2010

B.C. Reg. 63/2010 , deposited March 5, 2010, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [Section 35 (2)]. Order in Council 138/2010, approved and ordered March 4, 2010.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2010, the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached appendix.

— R. COLEMAN, Minister of Housing and Social Development ; B. PENNER, Presiding Member of the Executive Council .

Appendix

Section 65 (1) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is repealed and the following substituted:

(1) In this section:

"extraprovincial transportation" , with respect to a person who dies in Canada but outside British Columbia, means transporting the deceased person's body within the province or territory in which death occurred for the purposes of providing a service described in paragraph (

b) or (

c) of the definition of "funeral costs";

"funeral costs" means the costs of the following items, as set out in

Schedule F:

(

a) intraprovincial transportation costs;

(

b) services of a funeral provider, as defined in the Cremation, Interment and Funeral Services Act ;

(

c) cremation or burial of a deceased person's body or remains, including the cost of a casket or urn;

"interprovincial transportation" means preparing the deceased person's body for transport to British Columbia and transporting the body to British Columbia;

"intraprovincial transportation" means transporting a deceased person's body within British Columbia for the purposes of providing a service described in paragraph (

b) or (

c) of the definition of "funeral costs";

"responsible person" , with respect to a deceased person, means,

(

a) a spouse of the person,

(

b) in the case of a minor, a parent of the person, or

(

c) in the case of a person sponsored to immigrate to Canada under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada), a sponsor or co-sponsor of the person, if the undertaking given or co-signed by the sponsor is still in effect.

Section 65 (2) is amended

(

a) by striking out " If neither the estate nor the spouse, nor, in the case of a minor, a parent, of a deceased person " and substituting " If neither the estate of a deceased person nor any responsible person ",

(

b) in paragraph (

b) by striking out " necessary costs of preparing the body for transport to British Columbia and of transporting the body to British Columbia " and substituting " necessary interprovincial transportation costs ", and

(

c) in paragraph (

c) by striking out " necessary costs of transporting the deceased person's body within the province or territory in which the death occurred " and substituting " necessary extraprovincial transportation costs " .

Section 65 (3) is amended

(

a) by striking out ", costs of preparing a body for transport and transportation costs " and substituting " and interprovincial transportation and extraprovincial transportation costs ",

(

b) by striking out " activity " wherever it appears and substituting " service ", and

(

c) by repealing paragraph (c).

Section 65 is amended by adding the following subsection:

(3.1) The amount of a supplement payable under subsection (2) is,

(

a) in respect of a funeral provider's fee for services, an amount that is, in the opinion of the minister, the lowest reasonable cost,

(

b) in respect of a particular item or service that is a funeral cost, other than a service included in a funeral provider's fee for services,

(

i) the cost for the item or service set out in

Schedule F, or

(ii) if there is no cost set out for the item or service in

Schedule F, the cost that is, in the opinion of the minister, the lowest reasonable cost for that item or service, and

(

c) in respect of interprovincial transportation or extraprovincial transportation, the cost that is, in the opinion of the minister, the lowest reasonable cost.

5 The following

Schedule is added:

Schedule F

Burial And Cremation Costs

(section 65)

Burial and cremation supplement

1 A supplement that is paid under

section 65 of the regulation May include the following amounts:

(

a) an amount for a funeral provider's fee for services;

(

b) an amount for the costs of intraprovincial transportation, if that transportation is for a distance greater than 32 kilometres;

(

c) in respect of a burial, an amount for the costs set out in

section 4 of this Schedule;

(

d) in respect of a cremation, an amount for the costs set out in

section 5 of this Schedule.

Funeral provider's fee for services

2 The services provided in respect of a funeral provider's fee for services must include:

(

a) intraprovincial transportation, if that transportation is for a distance of 32 kilometres or less;

(

b) completion and filing of the registration of death;

(

c) obtaining a burial or cremation permit;

(

d) co-ordination with a crematorium and cemetery;

(

e) all professional and staff services;

(

f) preparation of a deceased person's body for burial or cremation, including basic sanitary care and casketing;

(

g) use of the funeral provider's facilities and equipment, including a preparation room, refrigeration and parking and service areas;

(

h) other items or services incidental to or provided as part of any of the services described in paragraphs (

a) to (g), as agreed by the funeral services provider and the responsible person.

Rates for intraprovincial transportation

3 Mileage for intraprovincial transportation for a distance greater than 32 kilometres must not exceed the rate set out in Column 2 of the Table below opposite the distance set out in Column 1.

Table

Item

Column 1

Distance

Column 2

Rate

more than 32 km but less than or equal to 82 km

$1/km

more than 82 km but less than or equal to 182 km

$ .90/km

over 182 km

$ .60/km

Costs of burial

(1) A supplement payable in respect of a burial May include an amount for the following costs:

(

a) the cost of a burial plot in British Columbia;

(

b) grave opening and closing fees;

(

c) if a grave liner, hermetically sealed rigid container, plastic body pouch or outer grave box or liner is required by the cemetery, the cost of the liner, container, pouch or box;

(

d) the cost of a casket, in an amount representing the sum of the following:

(

i) the actual factory invoice price of a HP #2 cloth-covered casket or an equivalent or, in the case of over-sized remains, a casket for over-sized remains;

(ii) a merchandising mark-up of up to 20%;

(iii) the cost of freight to the funeral home.

(2) A lower cost casket May be used at the request of a responsible person.

(3) The minister May pay for the remains of a deceased person to be interred at a location within British Columbia other than the location at which the remains were prepared for burial in an amount not to exceed the amount that would be payable for the costs described in subsection (1) (

a) to (

c) and intraprovincial transportation costs.

Costs of cremation

(1) A supplement payable in respect of a cremation May include an amount for the following costs:

(

a) cremation fees;

(

b) the cost of a cremation plot in British Columbia;

(

c) grave opening and closing fees;

(

d) if a concrete grave liner is required by the cemetery, the cost of the grave liner;

(

e) the cost of an urn in an amount not to exceed $200.

(2) The minister May pay for the remains of a deceased person to be interred at a location within British Columbia other than the location at which the remains were cremated in an amount not to exceed the amount that would be payable for the costs described in subsection (1) (

b) to (d).

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