Cemeteries and Crematoriums
Core Concepts
This domain covers the regulation of cemeteries and crematoriums under the FBCSA. Candidates must understand: the licensing requirements for operating a cemetery or crematorium; the distinction between a cemetery operator and a crematorium operator; the rules for the care and maintenance of cemetery grounds, including the establishment of a care and maintenance fund; the requirements for interment rights (e.g., plot ownership, transfer of rights); and the regulations around cremation, including the need for a second cremation permit, the waiting period (48 hours after death unless a medical certificate states otherwise), and the prohibition on cremating without proper identification. Additionally, candidates must know the requirements for record-keeping, including burial records and cremation records, and the rules for disinterment (requires a licence or court order).
Traps in Questions
Common traps include: confusing the waiting period for cremation (48 hours) with the waiting period for burial (none, but burial permit required); assuming a cemetery operator can also operate a crematorium without separate licensing (they need separate licence unless exempt); misunderstanding the care and maintenance fund (a percentage of interment rights sales must be set aside, typically 40% for cemetery services, but check regulations); and the requirement for a second cremation permit when cremating remains that have been previously buried (disinterment). Another trap is the rule for scattering ashes: they cannot be scattered on private property without permission, and there are restrictions on scattering in cemeteries. Also, questions may test the requirement to keep records for a certain period (e.g., 10 years).
Worked Example
A cemetery operator sells a plot for $2,000. They must deposit a portion into the care and maintenance fund. Under Ontario regulations, 40% of the price of interment rights (excluding the care and maintenance portion) must be deposited. So, if the plot price includes $500 for care and maintenance, the deposit is 40% of $1,500 = $600. Rule of thumb: Always separate the care and maintenance component in contracts and deposit the correct percentage within 30 days.
Key Points
- Separate licences for cemetery and crematorium operations.
- Care and maintenance fund: 40% of interment rights price (excluding care and maintenance portion) must be deposited.
- Cremation requires 48-hour waiting period and second permit for disinterment.
- Records must be kept for 10 years.
- Scattering of ashes restricted; permission needed for private property.