86 (1) Upon application made by a person described in subsection (2), the registrar shall consent to the establishment, alteration or increase in the capacity of a cemetery if the applicant, (a)  pays the fee required under section 108; (b)  submits the prescribed documents showing the layout of the cemetery and the location of existing or proposed plots, lots, scattering grounds, structures and fixtures; (c)  pays a deposit in a prescribed amount into a care and maintenance fund or account in the prescribed circumstances; (d)  is licensed to operate the cemetery and is, and will be upon granting the consent, in compliance with the requirements of this Act and the regulations and the laws intended for the protection of the environment and of health; (e)  where applicable, has received the approval of a local municipality or of the Minister of Natural Resources; and (f)  submits the other documents that are prescribed.  2002, c. 33, s. 86 (1); 2006, c. 34, Sched. D, s. 59 (1-5). Applicant (2) An application for the registrar’s consent to the establishment, alteration or increase in the capacity of a cemetery shall be made by, (a)  the owner of the land on which the cemetery is to be established, if the application relates to the establishment of a cemetery; or (b)  the owner of the cemetery, if the application relates to an alteration or an increase in the capacity of a cemetery.  2006, c. 34, Sched. D, s. 59 (6). Same (3) Despite subsection (1), in the case of an application to establish, alter or increase the capacity of a cemetery in a local municipality, the registrar shall not consent to the establishment, alteration or increase unless notice of the municipality’s decision to grant its approval has been published in accordance with clause 84 (4) (b).  2002, c. 33, s. 86 (3); 2006, c. 34, Sched. D, s. 59 (7). Same (4) If an applicant proposes to establish, alter or increase the capacity of a cemetery on land that is situated in territory without municipal organization, but not on Crown land, the registrar shall consent to the application only if he or she is satisfied that the consent is in the public interest.  2002, c. 33, s. 86 (4); 2006, c. 34, Sched. D, s. 59 (8). Certificate of consent (5) If the registrar consents to the establishment, alteration or increase in the capacity of a cemetery, the registrar shall give the applicant a certificate of consent.  2002, c. 33, s. 86 (5); 2006, c. 34, Sched. D, s. 59 (9). Same, cemeteries (6) A certificate of consent issued with respect to a cemetery shall contain a sufficient description of the cemetery so that it may be registered in the appropriate land registry office.  2002, c. 33, s. 86 (6). Registration of consent (7) Upon registration in a land registry office of a certificate of consent issued with respect to a cemetery, the land described in the certificate becomes a cemetery.  2002, c. 33, s. 86 (7). Notice of refusal to consent (8) The registrar, on refusing to consent to an application under this section, shall advise the applicant in writing of, (a)  the reasons for the refusal; and (b)  the applicant’s right to appeal.  2002, c. 33, s. 86 (8). Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. D, s. 59 (1-9) - 01/07/2012