I-11 - Burial Act

Section 16 Disposition versions

2016-01-01

16. (1)  On an application, accompanied by affidavits attesting the truth thereof, being presented to any judge of the Superior Court, in term or in vacation, by any person praying for leave to disinter one or more bodies interred in any church, chapel or cemetery, with a view to the erection, repair or sale of a church, chapel or cemetery, or with a view to the reinterment of such body or bodies in another part of the same church, chapel or cemetery, or in another cemetery, or with a view to the reconstruction or repair of the tomb or coffin in which a body has already been interred, and indicating, in the case of a proposed removal of any body or bodies, the part of the same church, chapel or cemetery in which it is proposed to deposit such body or bodies, the judge may order or permit that the body or bodies be disinterred as prayed for.

(2)  The order granting the application, sealed with the seal of the Superior Court and signed by the clerk, shall be sufficient authority to the person in possession or having the charge or custody of such church, chapel or cemetery to allow the proposed disinterment.

(3)  Before obtaining the order or permission of the judge to effect any such disinterment in any Roman Catholic church, chapel or cemetery under this section, the petitioner must show that he has obtained permission from the superior ecclesiastical authority of the diocese in which it is situated.

(4)  In the case of the disinterment of the body of any person who has died of any disease mentioned in section 8, the petitioner must show that permission has been granted by the Minister of Health and Social Services and the judge shall allow the disinterment only subject to the precautions prescribed by the said Minister for the protection of public health.

(5)  No disinterment shall take place in any church, chapel or cemetery without the permission of a judge obtained as aforesaid.

(6)  Every order or permission of a judge authorizing the exhumation of a body must be notified to the Chief Coroner.

R. S. 1964, c. 310, s. 17; 1970, c. 42, s. 17; 1983, c. 41, s. 200; 1985, c. 23, s. 24; I.N. 2016-01-01 (NCCP).

1985-06-20

16. (1)  On a petition, accompanied by affidavits attesting the truth thereof, being presented to any judge of the Superior Court, in term or in vacation, by any person praying for leave to disinter one or more bodies interred in any church, chapel or cemetery, with a view to the erection, repair or sale of a church, chapel or cemetery, or with a view to the reinterment of such body or bodies in another part of the same church, chapel or cemetery, or in another cemetery, or with a view to the reconstruction or repair of the tomb or coffin in which a body has already been interred, and indicating, in the case of a proposed removal of any body or bodies, the part of the same church, chapel or cemetery in which it is proposed to deposit such body or bodies, the judge may order or permit that the body or bodies be disinterred as prayed for.

(2)  The order granting the petition, sealed with the seal of the Superior Court and signed by the clerk, shall be sufficient authority to the person in possession or having the charge or custody of such church, chapel or cemetery to allow the proposed disinterment.

(3)  Before obtaining the order or permission of the judge to effect any such disinterment in any Roman Catholic church, chapel or cemetery under this section, the petitioner must show that he has obtained permission from the superior ecclesiastical authority of the diocese in which it is situated.

(4)  In the case of the disinterment of the body of any person who has died of any disease mentioned in section 8, the petitioner must show that permission has been granted by the Minister of Health and Social Services and the judge shall allow the disinterment only subject to the precautions prescribed by the said Minister for the protection of public health.

(5)  No disinterment shall take place in any church, chapel or cemetery without the permission of a judge obtained as aforesaid.

(6)  Every order or permission of a judge authorizing the exhumation of a body must be served on the Chief Coroner.

R. S. 1964, c. 310, s. 17; 1970, c. 42, s. 17; 1983, c. 41, s. 200; 1985, c. 23, s. 24.

1977-12-31

16. (1)  On a petition, accompanied by affidavits attesting the truth thereof, being presented to any judge of the Superior Court, in term or in vacation, by any person praying for leave to disinter one or more bodies interred in any church, chapel or cemetery, with a view to the erection, repair or sale of a church, chapel or cemetery, or with a view to the reinterment of such body or bodies in another part of the same church, chapel or cemetery, or in another cemetery, or with a view to the reconstruction or repair of the tomb or coffin in which a body has already been interred, and indicating, in the case of a proposed removal of any body or bodies, the part of the same church, chapel or cemetery in which it is proposed to deposit such body or bodies, the judge may order or permit that the body or bodies be disinterred as prayed for.

(2)  The order granting the petition, sealed with the seal of the Superior Court and signed by the prothonotary, shall be sufficient authority to the person in possession or having the charge or custody of such church, chapel or cemetery to allow the proposed disinterment.

(3)  Before obtaining the order or permission of the judge to effect any such disinterment in any Roman Catholic church, chapel or cemetery under this section, the petitioner must show that he has obtained permission from the superior ecclesiastical authority of the diocese in which it is situated.

(4)  In the case of the disinterment of the body of any person who has died of any disease mentioned in section 8, the petitioner must show that permission has been granted by the Minister of Social Affairs and the judge shall allow the disinterment only subject to the precautions prescribed by the said Minister for the protection of public health.

(5)  No disinterment shall take place in any church, chapel or cemetery without the permission of a judge obtained as aforesaid.

R. S. 1964, c. 310, s. 17; 1970, c. 42, s. 17.