Crematorium Regulations
Regulation- Registration
- R-001-2020
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Public Health Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- None.
The Commissioner, on the recommendation of the Minister, under section 50 of the Public Health Act and every enabling power, makes the Crematorium Regulations.
INTERPRETATION
In these regulations,
"appliance" means a device designed and constructed for the purpose of cremating dead human bodies; (appareil)
"cremation" means cremation as defined in section 1 of the Vital Statistics Act; (crémation)
"crematorium" means a crematorium as defined in section 1 of the Vital Statistics Act; (crématorium)
"crematorium permit" means a permit issued by the Chief Public Health Officer under section 4; (permis d’exploitation de crématorium)
"operator" means a person who has been issued a crematorium permit. (exploitant)
(1) No human body shall be cremated in a crematorium, and no person shall operate a crematorium, unless the person been issued a crematorium permit.
(2) A crematorium shall be maintained and operated in accordance with the Act and these regulations and with any other applicable enactment, Act or regulations of the Government of Canada or municipal bylaw.
(3) An operator shall ensure that the operations of a crematorium do not create a risk to the public health.
(1) A person may, in the form and manner directed by the Chief Public Health Officer, apply to the Chief Public Health Officer for a crematorium permit.
(2) An application made under subsection (1) must be accompanied by
(a) a description of the operational methods that will be used to process dead human bodies;
(b) a copy of the manufacturer’s specifications for all appliances and any other equipment incidental or ancillary to the purpose of cremation that will be used in the crematorium;
(c) a description of the control measures in place to manage any risk posed to the public health by harmful microorganisms and chemical hazards present in or produced by the crematorium;
(d) a description of the processes that will be used to decontaminate infected tissue and inactivate pathogens;
(e) treatment efficacy reports evaluating the processes, equipment and technology used in the crematorium;
(f) any additional information that Chief Public Health Officer requires; and
(g) a fee of $200.
(2.1) Repealed, R-020-2025,s.2(2).
(3) The Chief Public Health Officer may, before making a decision under section 4, inspect the proposed crematorium. R-051-2020,s.2; R-020-2025,s.2.
(1) The Chief Public Health Officer may, after considering an application made under section 3,
(a) issue a crematorium permit, with or without any terms or conditions the Chief Public Health Officer considers appropriate; or
(b) refuse to issue a crematorium permit, if the Chief Public Health Officer considers that
(i) the applicant is not capable of operating a crematorium in accordance with the Act and these regulations, or
(ii) operation of the crematorium presents a risk to the public health or that it is not otherwise in the public interest to issue a permit.
(2) On making a decision under subsection (1), the Chief Public Health Officer shall
(a) notify the applicant of the decision in writing; and
(b) give reasons for a refusal to issue a crematorium permit.
(1) A crematorium permit expires on the March 31 following the date of its issuance or renewal.
(2) A crematorium permit is not transferable.
(3) An operator shall post a crematorium permit, or a clear copy of the permit, in a conspicuous location in the crematorium or in another location authorized by the Chief Public Health Officer.
(1) An operator may, in the form and manner directed by the Chief Public Health Officer, apply to the Chief Public Health Officer to renew a crematorium permit.
(2) An application to renew a crematorium permit must be accompanied by
(a) any information that the Chief Public Health Officer requires; and
(b) a fee of $120.
(3) Repealed, R-020-2025,s.3(2).
(1) The Chief Public Health Officer may, after considering an application to renew a crematorium permit,
(a) renew the permit, with or without any terms or conditions the Chief Public Health Officer considers appropriate; or
(b) refuse to renew the permit, if the Chief Public Health Officer considers that
(i) the applicant is not capable of operating a crematorium in accordance with the Act, these regulations and any terms or conditions set out in a previous permit,
(ii) the applicant has failed to comply with the Act, these regulations or a term or condition set out in a previous permit, or
(iii) to do so presents a risk to the public health or that it is not otherwise in the public interest to renew the permit.
(2) On making a decision under subsection (1), the Chief Public Health Officer shall
(a) notify the applicant of the decision in writing; and
(b) give reasons for a refusal to renew a crematorium permit.
(1) An operator who applies to renew a crematorium permit after the day on which the previous permit expires shall pay a late fee of $54 in addition to the fee set out in subsection 6(2).
(2) An operator who fails to apply to renew a crematorium permit within 30 days after the day on which the previous permit expires must apply under section 3 for a new crematorium permit. R-051-2020,s.4; R-020-2025,s.4.
(3) Repealed, R-020-2025,s.4(2).
(1) Before an operator makes a change to a process, technology, appliance or other equipment used in the crematorium, the operator must apply to the Chief Public Health Officer for approval to do so.
(2) An application under subsection (1) must be in the form and manner directed by the Chief Public Health Officer and include such information as the Chief Public Health Officer requests.
(3) The Chief Public Health Officer may
(a) approve, in writing, a request for a change made under subsection (1);
(b) require the operator to apply for a new crematorium permit in accordance with section 3; or
(c) reject a request for a change made under subsection (1).
An operator shall not contravene a term or condition attached to a crematorium permit.
If the Chief Public Health Officer believes on reasonable grounds that an operator is not in compliance with the Act, these regulations or a term or condition of a crematorium permit, the Chief Public Health Officer may
(a) change or remove terms or conditions attached to the permit;
(b) add new terms or conditions to the permit; or
(c) suspend or revoke the permit.
(1) An operator shall not accept a dead human body for cremation unless the person seeking the cremation files with the operator a valid burial permit in respect of the body issued under section 61 of the Vital Statistics Act.
(2) An operator shall not cremate a dead human body without written authorization from a person who the operator believes on reasonable grounds has authority to control the disposition of the body.
(1) No person shall provide a dead human body to a crematorium for cremation by incineration if the person knows or ought reasonably to know that
(a) a pacemaker or radioactive implant is in the body; or
(b) non-combustible objects or hazardous materials, including chlorinated or fibre-reinforced plastic other than incidental metal used in the construction of the casket, are on or in the casket or accompanying material.
(2) An operator shall not cremate a dead human body if either of the conditions described in paragraphs (1)(a) or (b) are present.
An operator shall keep a register containing the following information with respect to each human body cremated:
(a) the name of the deceased person;
(b) the date of death;
(c) the place of death;
(d) the date of cremation;
(e) a description of the cremation container used for the cremation of the deceased person;
(f) the location of the cremated remains or the name and address of the person into whose possession the operator released the cremated remains;
(g) the name and address of the personal representative or next of kin of the deceased person;
(h) the name of the person who made the arrangements for cremation;
(i) the name of the medical practitioner, nurse or coroner who completed the medical certificate portion of the death registration statement under section 57 of the Vital Statistics Act.
These regulations come into force January 15, 2020.