This document discusses the roles and responsibilities of Consumer Protection BC, which is a not-for-profit organization that regulates cremation, interment, and funeral services in British Columbia. It covers several "quirky situations" involving requirements under BC's Cremation, Interment and Funeral Services Act (CIFSA). Specifically, it addresses issues around who can authorize removal of remains, scattering cremated remains, verbal versus written authorization, and requirements for burial on private property. The document is intended to educate industry professionals and consumers about CIFSA and how it applies in different situations.

1. Funeral Services Law Quirks
BC consumers and businesses”

2. Consumer Protection BC is a not-for-profit
corporation in British Columbia that:
• Delivers consumer protection services in BC,
• Promotes fairness & understanding in the
marketplace, and
• Enforces BC’s consumer protection laws.
Who are we?

3. What do we do?
We protect consumers and encourage fair business
practices by:
• Responding to inquiries and complaints from BC consumers and
businesses;
• Educating consumers and businesses about their rights and
responsibilities;
• Licensing and inspecting specific industries;
• Investigating alleged violations of consumer protection laws;
• Classifying general release films for BC and Saskatchewan; and
• Recommending enhancements to BC's consumer protection laws to
the provincial government.

4. We license and regulate the cremation, interment &
funeral services in BC. The
following slides will cover some interesting situations and
legal requirements about this industry.
This information will benefit industry professionals
and may be of interest to consumers.
What do we do?

5. BC’s Cremation, Interment and Funeral Services Act
(CIFSA) covers:
• Control of disposition
• Authorization before funeral services or disposition
• Written preference
• Licensed and unlicensed activity

6. Quirky Situation #1:
The Scenario
The funeral home is contacted by the hospital to
remove the remains of a deceased.
The funeral home attempts to contact the executor of
the Will but finds out the individual is away on
vacation and will return in 2 weeks time.
What happens?

7. Quirky Situation #1:
The Law
CIFSA Section 5(2) – Control of Disposition
of Human or Cremated Remains
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.

8. Quirky Situation #1:
The Response
The funeral home should:
• Attempt to contact the executor and document the
results.
• If they are contacted, ask how to proceed or wait;
• If they are not available, and if other family members
are present or there is another factor which requires
immediate disposition, proceed to the next person in
order.
• If the executor is not available and there is no other
person in the order, then wait until return of executor
and proceed with arrangements.

9. Quirky Situation #2:
The Scenario
A member of your community who was an avid
mountaineer has died. The family has enquired
whether or not it would be possible to scatter the
cremated remains at the top of a popular local
mountain.
Can they do this?

10. Quirky Situation #2:
The Law
CIFSA Section 4 – Prohibitions on improper disposition
of human remains
Subject to the regulations, a person must not dispose of
human remains at any place in British Columbia other than
(b) by cremation in a crematorium

11. Quirky Situation #2:
The Response
• Cremation is final disposition.
• As cremated remains pose no health hazard, there is no
law governing their final disposition other than it be
consistent with the written preference of the deceased
and that they are released to the person with control of
disposition.
• The public should know that the disposal of cremated
remains on private or public property should be cleared
with the land owner or the local government that oversees
those lands.

12. Quirky Situation #3:
The Scenario
The funeral home is contacted by the person with
control of disposition and requests that the funeral
director remove the deceased from the hospital.
Can the funeral home proceed with the transfer
having only a verbal authorization?

13. Quirky Situation #3:
The Law
CIFSA Section 8(2) – Requirement for authorization
before funeral services or disposition
(2) Despite subsection (1), a funeral provider may accept an
authorization by telephone to begin funeral services if the
funeral provider does not dispose of the human remains until
the funeral provider receives the written authorization required
by subsection (1).

14. Quirky Situation #3:
The Response
• The funeral home can transfer the remains if they have
received verbal authorization from the person with the right to
control disposition
• The funeral home must then make arrangements with the
person in control of disposition to physically sign the funeral
contract which includes the authorization to provide other
funeral services and to cremate or bury the deceased.

15. Quirky Situation #4:
The Scenario
A family wants to bury their father on the ten-acre
parcel of land on the boundary of town where he has
lived since birth.
Can this be done?

16. Quirky Situation #4:
The Law
CIFSA Section 4 – Prohibitions on improper disposition
of human remains
Subject to the regulations, a person must not dispose of
human remains at any place in British Columbia other than:
(a) by interment in or on land against which there is a
certificate of public interest registered,
(b) by cremation in a crematorium, or
(c) by interment in or on crown land that is reserved
under the Land Act for interment purposes.

17. Quirky Situation #4:
The Response
• Burial is only allowed in land against which there is a
Certificate of Public Interest registered.
• This means that any land used for burial must be
designated as a cemetery or a place of interment.
• Anyone wishing to do this would be required to go through
a designation process and would likely never be able to
sell or otherwise encumber the cemetery.
• If they did sell the land around the cemetery in the future,
they would then have to negotiate access rights to the
cemetery with the new owner.

18. Have Questions? Give us a call.
Businesses: 1-888-777-4393 (Toll Free)
Consumers: 1-888-564-9963 (Toll Free)
www.consumerprotectionbc.ca