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VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.

1913.

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An Act to amend the "Supreme Court Act."

[1st March, 1913.]

IS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia,

enacts as follows:

R.S.B.C. 1911, c. 58.

1. This Act may be cited as the "Supreme Court Act Amendment Short title. Act, 1913."

2. Section 5 of the "Supreme Court Act," being chapter 58 of Amends s. 5. the "Revised Statutes of British Columbia, 1911," is hereby amended

by substituting the word "five" for the word "four" in the third

line thereof.

3. Section 27 of said chapter 58 is hereby amended by adding Amends s. 27. thereto as subsection (2) the following:

"(2.) In examinations for discovery, the oath may be administered

by the Registrar, Deputy Registrar, or Special Examiner, or by such

of the officers or clerks in the office of the Registrar as have been duly authorized by Order in Council."

4. Section 44 of said chapter 58 is hereby amended by striking Amends s. 44. out all the words thereof after the eighth line, and substituting the

following:

"And at such other places and on such dates as may be fixed

by order of the Lieutenant-Governor in Council."

5. Section 56 of said chapter 58 is hereby amended by adding Amends s. 56. thereto the following subsection:

on reference.

"(3.) The proceedings before the Registrar upon such reference, As to proceedings the report of the said Registrar, and the powers of the Court or a

Repeals s. 68.

Additional Judge.

Judge with respect to such report shall as nearly as possible conform to, and be exercised in accordance with, the practice governing the matters referred to in Order 33 and in Rules 65 to 70, inclusive, of Order 55 of the Supreme Court Rules now in force, or any amendments thereto which may be made hereafter."

6. Section 68 of said chapter 58 is hereby repealed.

7. Section 2 of this Act shall come into effect upon Proclamation.

VICTORIA, B.C.:

Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty.
1913.

[graphic][subsumed][subsumed][subsumed][subsumed][merged small]

An Act for the Regulation of the Burning of Human
Remains and the Establishment of Crematoria.

H

[21st February, 1913.]

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the "Cremation Act."

Short title.

2. In this Act the expression "crematorium" shall mean any "Crematorium." building fitted with appliances for the purpose of burning human remains, and shall include everything incidental or ancillary thereto.

municipalities and extended.

3. (1.) The power of Municipal Councils and of companies formed Powers of under the 66 Cemetery Companies Act" to provide and maintain cemetery companies burial-grounds or cemeteries, or anything essential, ancillary, or incidental thereto, shall be deemed to extend to and include the provision and maintenance of crematoria.

municipalities.

(2.) A municipal corporation may accept a donation of land for Gifts to the purpose of a crematorium, and a donation of money or other property for enabling such corporation to acquire, construct, or maintain a crematorium.

4. No human remains shall be burned in any crematorium estab- Prohibition. lished after the passing of this Act until the plans and site thereof have been approved by the Provincial Board of Health, and until the crematorium has been certified to the Provincial Secretary by the Public Works Engineer to be complete and built in accordance with such plans on the site approved, and to be properly equipped for the disposal of human remains by burning, and until a licence fee, as hereinafter mentioned, has been paid, and a certificate has been granted by the Provincial Secretary authorizing such crematorium to be used for the burning therein of human remains.

Licence.

Suspension and cancellation.

No inspection fee.

Place where construction is prohibited.

Rules and regulations.

Provisions of
"Vital Statistics
Act" extended.

5. (1.) Upon the completion of such crematorium and the granting by the Provincial Secretary of his certificate as aforesaid, and upon payment of a licence fee of fifty dollars to the Minister of Finance and Agriculture, a licence shall be issued to the municipal corporation, company, or person owning and having control of such crematorium, authorizing the use thereof for the purpose of burning therein human remains; and such licence shall expire on the thirtyfirst day of December next following its issuance, and for each succeeding year thereafter, ending on the thirty-first day of December, a new licence may, subject to compliance with the provisions of this Act and the regulations thereunder, be issued upon payment of an annual fee of fifty dollars.

(2.) The Provincial Board of Health may suspend or cancel any such licence for cause satisfactory to them, and any person who shall use, or allow to be used, any crematorium under his control during the currency of any period of suspension of licence shall contravene and be guilty of an offence against this Act.

(3.) No inspection fee and no fee other than a licence fee as aforesaid shall be payable to the Minister of Finance and Agriculture in respect of any crematorium.

6. No crematorium shall, after the passing of this Act, be constructed nearer to any dwelling-house than two hundred yards, except with the consent in writing of the owner, if he is also the occupier, and if not, then of both the owner and the tenant or occupier of such house, nor within fifty yards of any public highway, nor in the consecrated part of any burial-ground.

7. (1.) The Lieutenant-Governor in Council may make regula tions as to the maintenance and inspection of crematoria, and prescribing in what cases and under what conditions the burning of any human remains may take place, and directing the disposition or interment of the ashes, and prescribing the forms of the notices, certificates, and declarations to be given or made before any such burning is permitted to take place; such declarations to be made. under and by virtue of the "Canada Evidence Act"; and also regulations as to the registration of such burnings as have taken place; and all such regulations shall have the same effect as if they were enacted in this Act.

(2.) All statutory provisions relating to the registration of deaths and certificates of registration, and all other provisions required to be observed before a burial is permitted, shall, mutatis mutandis, be observed in all cases where human remains are burned, and all provisions relating to registers of deaths, and the admissibility of extracts therefrom as evidence in Courts or otherwise, shall likewise apply to registers of cremations or burnings directed by such regulations to be kept.

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