C-40 - Cemetery Companies Act

Updated to 17 November 2010

This document has official status.

chapter C-40

Cemetery Companies Act

DIVISION I FORMATION OF THE COMPANY

1. The enterprise registrar may, under his hand and seal, grant a charter to any number of persons, not less than three, not being trustees for a religious congregation or society, nor Roman Catholics, nor already by law constituted as a legal person, who petition to be constituted as a legal person for the purpose of establishing, maintaining and managing a cemetery.

The letters patent issued by the enterprise registrar under his hand and seal shall have the same effect as if they were issued by the Lieutenant-Governor under the Great Seal.

R. S. 1964, c. 307, s. 1; 1969, c. 26, s. 81; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 140; 1999, c. 40, s. 71; 2002, c. 45, s. 279.

2. Such letters patent shall constitute the applicants who signed the petition and the memorandum of agreement, and those who afterwards become members of the legal person created by the letters patent, a legal person without capital stock for the objects above set forth and for no other purpose.

R. S. 1964, c. 307, s. 2; 1999, c. 40, s. 71.

3. To obtain such letters patent, the petitioners therefor must follow the same formalities, with the necessary modifications, as if they were applying to be constituted as a legal person under Part III of the Companies Act (chapter C-38).

R. S. 1964, c. 307, s. 3; 1999, c. 40, s. 71.

3.1. The name of a legal person must be in conformity with section 9.1 of the Companies Act (chapter C-38).

The enterprise registrar shall refuse to constitute a legal person whose proposed name is not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act.

1993, c. 48, s. 319; 1999, c. 40, s. 71; 2002, c. 45, s. 279.

4. Before the granting of the letters patent, the petitioners must establish, to the satisfaction of the enterprise registrar, the truth and sufficiency of the allegations of their petition and of their memorandum of agreement, their good faith and the absence of any objection on the ground of public interest; and the enterprise registrar shall, for the above purposes, receive and preserve on file all the necessary depositions in writing and on oath.

R. S. 1964, c. 307, s. 4; 1969, c. 26, s. 82; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 2002, c. 45, s. 279.

5. Immediately after the granting of the letters patent, the enterprise registrar shall deposit them in the register instituted in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45); and, subject to such deposit, but from the date of the letters patent, the persons therein named, and such persons as thereafter become members of the legal person, shall be a legal person, by the name mentioned in the letters patent.

R. S. 1964, c. 307, s. 5; 1969, c. 26, s. 83; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1993, c. 48, s. 320; 1999, c. 40, s. 71; 2002, c. 45, s. 279.

DIVISION II GENERAL POWERS OF THE COMPANY

6. Subject to the special provisions of this Act, the legal person shall in all respects be governed by the laws governing legal persons created under Part III of the Companies Act (chapter C-38). However, apart from the sections mentioned in section 224 of the said Companies Act, the following sections and parts of sections of Part I of the said Companies Act shall not apply to legal persons constituted under this Act, namely: the third paragraph of section 8; sections 18 and 28; section 31 (insofar as the general power of selling, alienating and hypothecating the immovable property, upon which the cemetery is established, is concerned); paragraph 1 of section 37; subparagraphs c and d of subsection 1 of section 77, and sections 87 and 105.

R. S. 1964, c. 307, s. 6; 1999, c. 40, s. 71.

7. The legal person shall have the right to establish a cemetery, but the construction, maintenance and use of such cemetery shall be effected in accordance with the general laws concerning like matters. It may also, subject to the same general laws, change the site of the whole or part of such cemetery and enlarge it, provided that the total area shall never exceed 12 hectares.

R. S. 1964, c. 307, s. 7; 1977, c. 60, s. 63; 1999, c. 40, s. 71.

8. The land upon which a cemetery is established under the provisions of this Act shall not be seizable. It shall also not be alienable save as provided by this Act.

R. S. 1964, c. 307, s. 8.

9. The Government may, upon a petition being made to it, authorize the legal person to make to or receive from the oeuvre et fabrique of a parish, any other duly constituted authority of any religious denomination or any other cemetery company or association, the transfer of the whole or part of its cemetery.

R. S. 1964, c. 307, s. 9; 1999, c. 40, s. 71.

10. Cemetery companies constituted under the Cemetery Companies Act before 3 June 1929, shall be governed by the provisions of this Act.

R. S. 1964, c. 307, s. 10.

DIVISION III INCORPORATION OF A COMPANY TO ASSUME CONTROL OF AN ALREADY-EXISTING CEMETERY

11. Whenever it appears to the enterprise registrar that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law constituted as a legal person, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a legal person for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery.

To obtain their constitution as a legal person the applicants shall follow, with the necessary modifications, the formalities of sections 3, 4 and 5 of this Act.

The legal person shall thereafter have all the powers and be subject to all the other provisions mentioned in this Act regarding cemeteries.

R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1999, c. 40, s. 71; 2002, c. 45, s. 279.

DIVISION IV FEE

2010, c. 7, s. 208.

12. The fee payable for the issue of letters patent under this Act is set out in the Act respecting the legal publicity of enterprises (chapter P-44.1).

R. S. 1964, c. 307, s. 12; 2010, c. 7, s. 209.

DIVISION V

13. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

14. The Government designates the Minister responsible for the administration of this Act except the provisions relating to the responsibilities of the enterprise registrar, which are administered by the Minister of Revenue.

2002, c. 45, s. 280; 2006, c. 38, s. 20.

The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 412-2016 dated 25 May 2016, (2016) 148 G.O. 2 (French), 2923.

Not in force

15. The Minister of Economic Development, Innovation and Export Trade is responsible for the application of this Act.

2002, c. 45, s. 280; 2003, c. 29, s. 170; 2006, c. 8, s. 31.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 307 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-40 of the Revised Statutes.