(These disclosures should be read in conjunction with the terms on the face of this Authorization Form and sections 5.1; 6; 8 (3) (a), (b), 13 (i) (ii) of the Cremation, Interment and Funeral Services Act and the Regulations made thereto under the same Act) Cremations and the disclosures made in this Authorization Form are governed by the provisions of the Cremation, Interment and Funeral Services Act and its Regulations. Cremation is a process by which, through intense heat and flame at a temperature between 870 and 1035 C (1600·1900 F), human remains are reduced to elemental bone fragments, weighing approximately 4 kg (approximately 6-9 pounds). In this Form, “operator” means a person or a board of trustees that owns or operates a place of interment or a crematorium.
For cremation purposes, Section 12 of the Act requires that human remains are enclosed in a container that (a) is of sufficient strength to hold and conveniently transfer the remains, (b) prevents the remains from being a health hazard, and (c) meets the requirements set out in the regulations. For the purposes of section 12 (c) of the Act, a container that encloses human remains must be combustible and rigid; and may not contain plastic, fibreglass, foam or Styrofoam, rubber, polyvinyl chloride or zinc.
The container in which human remains are placed for cremation is consumed in the cremation process. However since certain portions from the exterior of the container (such as handles, nails, etc.) are non-combustible and may cause damage to the cremation equipment, these may be removed by the crematorium prior to the cremation, destroyed and disposed of in an approved manner.
Upon completion of the cremation all of the contents of the cremation chamber, insofar as possible, will be carefully removed and held separately; while every effort will be made to avoid commingling, inadvertent or incidental commingling of minute particles of cremated remains from the residue of previous cremations is a possibility, and is hereby sanctioned.
Since the contents, when removed, will contain non-combustible items from the container, such as hinges, latches, nails, etc., these will be removed by visible or magnetic selection, or a combination of both and, along with any other foreign materials (such as prosthesis, etc.,) will be disposed of in an approved manner.
Unless otherwise directed, the cremated remains will be reduced by mechanical processing into unidentifiable dimensions; where the cremated remains are not to be mechanically processed, they will be reduced manually to a size permitting their placement in a receptacle.
Upon completion of the reduction, the cremated remains will be placed in the crematorium receptacle or other receptacle provided by the person authorizing the cremation. Should the volume of the cremated remains exceed the capacity of the receptacle, the excess will be placed in a separate receptacle.
Where the person authorizing the cremation has given instructions for the disposition of the cremated remains these will be carried out by the crematorium or funeral provider, as applicable, if it is legally within their power to do so and all necessary arrangements have been made and applicable charges paid.
Where the person authorizing the cremation has not given instructions for the disposition of the cremated remains, that person may be required to pay in advance of the cremation the prescribed holding fee and, following the cremation, the cremated remains will be returned to the funeral provider (or other person) from whom the human remains were received; the holding fee will be refunded if the cremated remains are claimed, or adequate disposition instructions given within 60 days from the date of this Authorization.
Cremated remains, unclaimed for one year from the date of this Authorization, may be permanently disposed of in an approved manner without further notification.
Where authorization is given for the permanent scattering of the cremated remains, this authorization sanctions any resulting commingling with other cremated remains in the scattering area.
THE CREMATION, INTERMENT AND FUNERAL SERVICES ACT STATES:
Control of disposition of human remains or cremated remains 5 (1) Subject to this section and section 8 (3) (b) (i) (requirement for, authorization before funeral services or disposition), the right of a person to control the disposition of the human remains or cremated remains vests in, and devolves on, the following persons in order of priority:
(a) the personal representative named in the will of the deceased;
(b) the spouse of the deceased;
(c) an adult child of the deceased;
(d) an adult grandchild of the deceased;
(e) if the deceased was a minor, a person who was a legal guardian of the person of the deceased at the date of death;
(f) a parent of the deceased;
(g) an adult sibling of the deceased;
(h) an adult nephew or niece of the deceased;
(i) an adult next of kin of the deceased, determined on the basis provided by sections 89 and 90 of the Estate Administration Act;
j) the minister under the Employment and Assistance Act or, if the official administrator under the Estate Administration Act Is administering the estate of the deceased under that Act, the official administrator;
(k) an adult person having a personal or kinship relationship with the deceased, other than those referred to in paragraphs (b) to (d) and (I) to (i).
(2) If the person at the top of the order of priority set out in subsection (1) is unavailable or unwilling to give Instructions, the right to give instructions passes to the person who is next in priority.
(3) If, under subsection (t), the right to control the disposition of human remains or cremated remains passes to persons of equal rank the order of priority
(a) is determined In accordance with an agreement between or among them, or
(b) in the absence of an agreement referred to in paragraph (a) begins with the eldest of the persons and descends in order of age.
(4) A person claiming that he or she should be given the sole right to control the disposition of the human remains or cremated remains may apply to the Supreme Court for an order regarding that right.
(5) When hearing an application under subsection (4), the Supreme Court must have regard to the rights of all persons having an interest and, without limitation, give consideration to:
(a) the feelings of those related to, or associated with, the deceased, giving particular regard to the spouse of the deceased,
(b) the rules, practice and beliefs respecting disposition of human remains and cremated remains followed or held by people of the religious faith of the deceased,
(c) any reasonable directions given by the deceased respecting the disposition of his or her human remains or cremated remains, and
(d) whether the dispute that is the subject of the application involves family hostility or a capricious change of mind respecting the disposition of the human remains or cremated remains.
Disposition to be in accordance with preference of deceased
6. A written preference by a deceased person respecting the disposition of his or her human remains of cremated remains is binding on the person who under section 5 (control of disposition of human remains or cremated remains), has the right to control the disposition of those remains if:
(a) the preference is slated in a will of pre-need cemetery or funeral services contract,
(b) compliance with the preference is consistent with the Human Tissue Gift Act, and
(c) compliance with the preference would not be unreasonable or impracticable or cause hardship.
Requirement for authorization before funeral services or disposition
8. (3) An operator of a cemetery, mausoleum and crematorium must not dispose of human remains unless:
a) the operator is authorized to do so under the Vital Statistics Act, and (b) the operator, (i) is ordered to do so by a medical health officer under the Health Act, or, (ii) has received the authorization from the person who, under section 5 (control of disposition of human remains or cremated remains), has the right to control the disposition of the human remains.
Time frames for cremation
(1) An operator of a crematorium must not cremate human remains within 48 hours after the time of death unless the operator is ordered to do so by a medical health officer under the Health Act.
