Interpretation
1(1) In this Regulation,
(a) “approved
disinfectant” means
(i) a formalin solution containing not less than 10% formalin,
(ii) a mercuric chloride solution containing not less than 800
milligrams of mercuric chloride per litre of water,
(iii) a carbolic acid solution containing not less than 150 millilitres
of carbolic acid per litre of water,
(iv) a sodium hypochlorite solution containing not less than 0.5%
sodium hypochlorite, or
(v) any other disinfecting solution that, in the opinion of the
medical officer of health, has a strength equivalent to the strength of the
solutions referred to in subclauses (i) to (iv);
(b) “common
carrier” means a railway, boat, aircraft, motor vehicle or other conveyance
used for the transportation of goods for the payment of a fee, but does not
include a hearse or other vehicle owned or operated by a funeral director;
(c) “embalmer”
means a person who holds an embalmer licence under section 20 of the General Regulation (AR 226/98);
(d) “funeral
director” means a person who holds a funeral director licence under section 19
of the General Regulation
(AR 226/98);
(e) “metal
coffin liner” means a container, commonly referred to as a self‑seal
metal liner, that is
(i) constructed of metal and leakproof,
(ii) constructed in a sufficiently substantial manner so that it may
be used for the holding or transporting of the body of a deceased person
without additional protection, and
(iii) provided with a lid that, when sealed either by soldering or by
the use of gaskets and suitable screws, is secure against leakage and
accidental opening;
(f) “specified
communicable disease” means a communicable disease specified in Schedule 1 or
Schedule 2.
(2) This
Regulation is not to be interpreted as preventing
(a) viewing
of the body before interment, and
(b) except
in the case of a body infected with a communicable disease specified in
Schedule 1, non‑invasive touching of the body before interment.
Labels
2(1) Where a person dies of a disease listed in
Schedule 1 or 2 of this Regulation or for which isolation is required by the Communicable Diseases Regulation (AR
238/85), the person in charge of the body must ensure, before the body is
removed, that there are attached to the body, and to any covering around the
body, labels bearing in prominent legible letters the words “This body is
infected with a communicable disease specified in the Bodies of Deceased
Persons Regulation and must be transported with the precautions required by
that Regulation”.
(2) Where
the body of a deceased person has been disinterred and the body was infected
with a specified communicable disease at the time of death, the person in
charge of the body must ensure, before the body is removed, that there is
attached to the coffin or metal coffin liner a label bearing in prominent
legible letters the words “This body is infected with a communicable disease
specified in Schedule 1 or Schedule 2 of the Bodies of Deceased Persons
Regulation and requires special care in accordance with that Regulation”.
(3) No
person may remove a label required by this section.
Reporting duties
3(1) A funeral director, embalmer or other person
who knows or has reason to believe that a person was infected with a specified
communicable disease at the time of death must, within 12 hours after being
called to take charge of the body, report the case to the medical officer of
health of the regional health authority in which the person died.
(2) The
report required by subsection (1) may be made by telephone, electronic mail or
facsimile.
Embalming
4 Only an embalmer may embalm a body.
Schedule 1 diseases
5(1) When the body of a person who died while
infected with a communicable disease listed in Schedule 1 is transported, the
body must be enclosed in a metal coffin liner.
(2) No
person may embalm the body of a person who died while infected with a
communicable disease listed in Schedule 1.
(3) Subject
to section 1(2), the funeral director or other person in charge of the
interment, cremation or other disposition of a body infected with a
communicable disease specified in Schedule 1 must ensure that no person is
unnecessarily exposed to the body.
(4) A
body infected with a communicable disease listed in Schedule 1 must be interred
in a sealed casket or cremated.
Transportation
6(1) The body of a person who died while infected
with a communicable disease listed in Schedule 2 or a disease for which
isolation is required by the Communicable
Diseases Regulation (AR 238/85) must be transported in a manner that
minimizes contact between the body and the environment by
(a) enclosing
the body in a metal coffin liner, or
(b) wrapping
the body
(i) in an impervious body bag secured against leakage, or
(ii) in a sheet that is thoroughly saturated with an approved
disinfectant.
(2) A
body that is enclosed or wrapped in accordance with subsection (1) must bear a
label that meets the requirements of section 2(1).
(3) A
person transporting a body in accordance with subsection (1) must ensure that
the conveyance is disinfected immediately following use in a manner approved by
the medical officer of health.
(4) A
body may be removed from the container in which it was transported once it has
reached the funeral home or place where the body will be prepared for
interment, cremation or other disposition.
Transportation by
common carrier
7(1) If the body of a person who died while infected
with a communicable disease specified in Schedule 1 will be transported by
common carrier, the funeral director or other person in charge of the body must
ensure that the body is enclosed in a metal coffin liner before delivering the
body to the common carrier.
(2) If
the body of a person who died while infected with a communicable disease other
than a communicable disease specified in Schedule 1 will be transported by
common carrier, the funeral director or other person in charge of the body
must, before delivering the body to the common carrier, ensure that the body is
(a) embalmed
and enclosed in a sound coffin,
(b) wrapped
in an impervious body bag secured against leakage, or
(c) enclosed
in a metal coffin liner.
(3) Notwithstanding
subsection (2), if the body will be delivered to its place of interment or
cremation within 72 hours after the time of death, it is sufficient if the
funeral director or other person in charge of the body ensures that the body is
enclosed in a sound coffin.
(4) Where
the body of a deceased person has been disinterred and the body is to be
transported by common carrier, the person in charge of the body must ensure
that it is enclosed in a metal coffin liner before delivering the body to the
common carrier.
Waiver
8 A medical officer of health may waive any
requirement of this Regulation in order to accommodate religious or traditional
practices if the practices present no risk to any person of being infected with
a specified communicable disease.
Repeal
9 The Bodies of Deceased Persons
Regulation (AR 237/85) is repealed.
Expiry
10 For the purpose of ensuring that
this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be repassed in its present or an amended form following a
review, this Regulation expires on October 1, 2008.
AR 14/2001
s10;218/2006;198/2007
Schedule 1
anthrax
plague
viral
hemorrhagic fevers
Schedule 2
acute
poliomyelitis
acquired
immunodeficiency syndrome (AIDS)
hepatitis
B, C
human
immunodeficiency virus infections (HIV)
invasive
group A streptococcal infection
invasive
meningococcal infections
invasive
pneumococcal infections
meningitis,
bacterial
rabies
transmissible
spongiform encephalopathies
tuberculosis
typhoid
yellow
fever
