88 (1) A cemetery owner may apply to the registrar for an order to close a cemetery.  2006, c. 34, Sched. D, s. 60 (1). Notice of proposed closing (2) The registrar shall not make an order under subsection (1) until the prescribed persons have given notice of the application to close the cemetery to the prescribed persons in the prescribed manner.  2006, c. 34, Sched. D, s. 60 (1). Exception (3) A person is not required to give notice under subsection (2) if, (a)  no interments or scatterings have been made in the cemetery to be closed; and (b)  the consent of all affected interment and scattering rights holders has been obtained.  2006, c. 34, Sched. D, s. 60 (1). Content of notice (4) A notice under subsection (2) shall inform the person receiving the notice of the proposed closing and of the person’s right to make a submission to the registrar in accordance with subsection (5).  2002, c. 33, s. 88 (4). Submissions (5) A person who receives notice of a cemetery closure or any other interested person may make submissions relating to the proposed closure within such time as is prescribed.  2002, c. 33, s. 88 (5). Public interest test (6) After the time for making submissions has elapsed and after considering any submissions that are made, the registrar may order the cemetery to be closed if the registrar believes that the closing is in the public interest.  2002, c. 33, s. 88 (6). Order (7) In an order to close a cemetery, the registrar shall, (a)  declare that the cemetery is to be closed and that no other interments or scattering of cremated human remains shall be carried out in the cemetery; (b)  order the person named in the order to, (i)  disinter all human remains in the cemetery in the manner specified in the order and either reinter the remains in the place and in the manner specified in the order or deal with the remains in whatever other manner that the order specifies, (ii)  deal with scattered cremated human remains in the manner specified in the order, (iii)  remove any markers and relocate them to a specified place, (iv)  provide to any interment rights holders who hold unused interment rights in the cemetery equivalent interment rights in another cemetery and, if necessary, acquire equivalent rights for the purpose, (v)  provide to any scattering rights holders who hold unused scattering rights in the cemetery equivalent scattering rights in another cemetery and, if necessary, acquire equivalent rights for the purpose, (vi)  do whatever other things the registrar determines are necessary to ensure the dignity and respect of the human remains; and (c)  direct, in accordance with the Act and regulations, how money held in a care and maintenance fund or account is to be dealt with.  2002, c. 33, s. 88 (7); 2006, c. 34, Sched. D, s. 60 (2). Notice of order (8) The registrar shall give notice of an order to close a cemetery to every person who made a submission under subsection (5) and advise the person of their right of appeal under section 89.  2002, c. 33, s. 88 (8). Effective date of order (9) Unless there is an appeal of the order under section 89, an order to close a cemetery takes effect on the later of, (a)  the day that is 30 days after the day the order is made; (b)  30 days after the last day on which notice was given to a person under subsection (8); or (c)  the day set out in the order.  2002, c. 33, s. 88 (9). Effect of order (10) Once an order to close an cemetery under this section takes effect, no interments of human remains shall be carried out in the cemetery.  2002, c. 33, s. 88 (10). Order for partial closing (11) The registrar may make an order to close a part of a cemetery under this section and subsections (1) to (10) apply with necessary modifications to an application to close a part of a cemetery.  2002, c. 33, s. 88 (11); 2006, c. 34, Sched. D, s. 60 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 60 (1-3) - 01/07/2012