Bill 43 (Legislature 15, Session 3)

L15 S3 1347

Alberta — Bills

No. 43 3rd S-ession, 15th Legislature, Alherta 14 Elizabeth II BILL 43 A Bill to amend The Cemeteries Act RON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Explanatory Note I. This Bill amends

chapter 12 of the Statutes of Alberta, 1960.

Section 10 presently reads: 10.

(1) The owner of a cemetery shall provide and p.reserve (

a) plots fOor the burial of destitute or indigent persons of all religious denominations, (

b) plots for the burial of undaimed bodies Oof pe·rsons of all religious denominations, and (

c) contiguous plots in an area oJ the cemeJtery fo'r the burial of former members of Her Majesty's armed forces.

(2) No charge shall be made by the owner of a cemetery fOor the reservation or provision by him of a, plot for the burial oof a destitute or indigent person or of an unclaimed body or of .a, fo·vmer member of Her Majesty's armed forces. (3) -When reserving plots for the purp'ose of this section, sepa'rate provision shall be made by the owner fo,r all the municipalities that the cemetery serves -or is intended to serve. Religious denominations and auxiliaries will now be required to provide plots under this

section as to their own adherents. Subsections (3) and (4) regulate charges to be made by cemetery owners in cases under the section.

BILL ND. 43 .of 1966

An Act to amend The Cemeteries Act (Assented to , 1966) HER lVIAJESTY, by and with the advice and consent of the Legislative Assembly of the PrDvince .of Alberta, enacts as fDllows: 1. The Cemeteries Act is hereby amended. 2. SectiDn 10 is struck .out and the fDllDwing is sub stituted: 10.

(1) Any religiDus auxiliary Dr religiDus denDmina tiDn which .owns a cemetery shall prDvide and preserve (

a) plDtS fDr the burial .of unclaimed bodies and bodies .of destitute Dr indigent perSDns WhD were at the time of death adherents .of the same religiDus de nomination, and (

b) cDntiguDus plDtS in an area .of the cemetery fDr the burial .of fDrmer members .of Her lVlajesty's armed fDrces WhD were at the time .of death adherents .of the same religiDus denDminatiDn. (2.) The .owner .of a cemetery .other than a religiDus auxiliary or religiDus denDminatiDn shall provide and pre serve (

a) plots fDr the burial .of unclaimed bDdies and bDdies of destitute Dr indigent pers.ons, and (

b) cDntiguDus pl.otS in an area fDr the burial .of fDrmer members .of Her Majesty's armed fDrces.

(3) In the case of the burial .of a perSDn referred tD in sub sectiDn

(1) Dr (2), the .owner .of the cemetery may charge (

a) fDr the prDvisiDn .of a plDt, not mDre than fifty per cent .of the amDunt that w.ould .ordinarily be charged fDr the plDt, and (

b) for digging and backfilling the grave, the amDunt .ordinarily charged fDr thDse services.

(4) Where the .owner .of a cemetery differentiates in its charge for the prDvisiDn .of the same plDt .on the basis .of the place of residence .of the persDn t.o be buried, then fDr the purpDses of clause (a) .of subsectiDn (3), the IDwest charge made for the plot shall be deemed tD be the amDunt .ordinarily charged fDr the plot.

3. A new

section is added to enable the recovery of unused grave sites which have apparently been abandoned by the pur chasers thereof. 4. Sections 51 and '52 provide that when the owner of a ceme tery enters into a contract for the sale of cemetery supplies or cemetery services to be supplied on the death of a person, part of the moneys form a pre-need assurance fund which is to be deposited with an authorized trustee and recorded in separate accounts for each purchaser. The proposed new

section will pro vide an alternate procedure where the cemetery owner main tains adequate records. 5. Commencem'ent of Act. 2

3. The following

section is added after

section 14: 14a.

(1) Where a plot has been sold by the owner of a cemetery for a burial site, the securities commission, on the application of the owner of the cemetery, may by order cancel any conveyance of the plot and revest the plot in the owner of the cemetery when the commission is satisfied upon evidence verified by affidavit or otherwise that (

a) the plot is not in use as a burial site, (

b) the owner of the cemetery has not heard from the purchaser of the plot, or his personal representative, for a period of twenty years, and (

c) reasonable efforts have been made to locate the purchaser of the plot, or his personal representative, and have failed, but the revesting of the plot in the owner of the cemetery is subject to the condition that if that purchaser, or his per sonal representative, ·subsequently claims the plot the owner of the cemetery will provide to him another plot of equal value or will pay to him an amount equal to the value of the plot so revested. (2) Subsection (1) applies with respect to lots containing more than one plot except when one or more of the plots in a lot is in use as a burial site. 4. The following

section is added after

section 52 : 52a. Notwithstanding

section 51 or 52, where the owner of a cemetery (

a) maintains at his office in the Province, (

i) a copy of each contract entered into, (ii) a record of ,every payment received under the contract showing the apportionment of each payment to or in respect of a plot, cemetery supplies, cemetery services, endowment care fund and pre-need assurance fund, and (iii) a copy of each interment authorization to which any contract is related, and (

b) files with the securities commission annually an audited statement of the total amount paid to an authorized trustee on account of the pre-need as surance fund, the authorized trustee is not required to record the amounts paid to it in separate accounts for each purchaser. S. This Act comes into force on the day upon which it is assented to. 2

No. 43 THIRD SESSION FIFTEENTH LEGISLATURE 14 ELIZABETH II 1966 BILL

An Act to amend The Cemeteries Act Received and read the First time ............................ . Second time ...... . Third time ...................... . HON. DR. Ross Title: 1966 (15th, 3rd) Bill 43,

An Act to amend The Cemeteries Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1347
Type	bill
Volume / chapter	L15 S3 1347
Language	en
Format	json
Source	PROVINCIAL
Identifier	c465757eb324c9bb205f6bb642abb7ef8016556a

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