Dead Bodies Regulation

Dead Bodies Regulation, M.R. 27/2009 The Public Health Act , C.C.S.M. c. P210 Regulation 27/2009 Registered February 17, 2009 bilingual version (HTML) Table of Contents Section 1 Definitions 2-3 General 4-6 Death caused by a designated disease 7-8 Death from a cause other than a designated disease 9 Disinterment 10 Coming into force Schedule A Transportation of Remains of Deceased Person Infected with a Designated Disease B Transportation of Remains of Deceased Person Definitions 1 The following definitions apply in this Regulation. "Act" means The Public Health Act . («  Loi  ») "designated disease" means louse-borne typhus, plague, anthrax, viral hemorrhagic fever, yellow fever, smallpox, louse-borne relapsing fever, rabies, or Creutzfeldt-Jakob disease or any other transmissible spongiform encephalopathy. (« maladie désignée ») "embalmer" means an embalmer licensed to do business in Manitoba under The Funeral Directors and Embalmers Act . (« embaumeur ») "funeral director" means a funeral director licensed to do business in Manitoba under The Funeral Directors and Embalmers Act . (« entrepreneur de pompes funèbres ») GENERAL Interment 2 Burial of a dead body must be made in such a manner as to allow the body to be completely covered by earth to a depth of at least three feet (0.91 m) as measured up to the level of the surrounding ground. Regulation does not apply to transportation of ashes 3 If a body is cremated, the transportation of the ashes is not subject to this regulation. DEATH CAUSED BY A DESIGNATED DISEASE Death by designated disease 4(1) The body of any person who has died of a designated disease (a) must be wrapped and securely sealed in heavy plastic sheeting or a leak-proof body bag before it is removed from the place where the death occurred; (b) must not be embalmed; (c) must, at the earliest possible time after death, be enclosed in a coffin (i) that is constructed of, or lined with, metal or other impervious material and hermetically sealed, or (ii) which is placed in a tightly constructed outer container that is constructed of, or lined with, metal or other impervious material, and that is hermetically sealed; (d) must be buried or cremated within 48 hours after death, unless written permission to postpone burial or cremation has been obtained from a medical officer; and (e) must not be accompanied by contaminated articles. 4(2) Despite clauses (1)⁠(a) and (c), if a person's cause of death or suspected cause of death was Creutzfeldt-Jakob disease or any other transmissible spongiform encephalopathy, (a) the wrapping and sealing of the body in accordance with clause (1)⁠(a); (b) the placing of the body in a coffin and the hermetic sealing of the coffin or its container, in accordance with clause (1)⁠(c); or (c) both of the procedures described in clauses (a) and (b); may be postponed to allow for viewing of the body. 4(3) If a person's cause of death or suspected cause of death was a designated disease, a responsible person must, as soon as practically possible, attach to both (a) the body, and (b) to the head of the coffin or to the outer container, whichever has been hermetically sealed; a label stating the following: PUBLIC HEALTH NOTICE: This body is or is suspected to be infected with a designated disease specified in the Dead Bodies Regulation under The Public Health Act , and must be handled in accordance with that regulation. Do not open the hermetically sealed container. Do not remove this label. 4(4) A coffin sealed, or placed in a container that is then sealed, in accordance with clause (1)⁠(c) may, subject to section 5, be re-opened for purposes of (a) inspection for identification; (b) a post mortem examination; (c) viewing, if the cause or suspected cause of death was Creutzfeldt-Jakob disease or any other transmissible spongiform encephalopathy; or (d) cremation. Designated disease: coffin not to be opened without permission 5 No person shall open a coffin, or a container in which a coffin has been placed, that contains a body of a person who has died of a designated disease, without the written permission of a medical officer. Transportation of body where death caused by designated disease 6 Except where necessary immediately following death, the body of a person who has died of a designated disease must not be transported by any means of conveyance unless (a) the body is prepared in accordance with section 4; (b) the necessary registration of death has been made; (c) there is securely attached at the head end of the outside of the coffin or outer container, as the case may be, a transit certificate in the form set out in Schedule A, properly completed and signed by (i) a funeral director or embalmer, or (ii) a person to whom a permit has been issued under section 10 of The Funeral Directors and Enbalmers Act ; and (d) written permission for the transport has been obtained from a medical officer. DEATH FROM A CAUSE OTHER THAN A DESIGNATED DISEASE Transportation of a body within Canada 7(1) The body of a person who has died from a cause other than a designated disease may be received for transport, transported or caused to be transported if the body (a) is enclosed in a sound coffin or a leak-proof body bag; and (b) will reach its destination within 72 hours after the time of death. 7(2) Despite subsection (1), if transportation cannot be completed within 72 hours, a body may be received for transport, and transported or caused to be transported, if it (a) has been embalmed by an embalmer; or (b) is enclosed in a coffin (i) that is constructed of, or lined with, metal or other impervious material and hermetically sealed, or (ii) which is placed in a tightly constructed outer container that is constructed of, or lined with, metal or other impervious material, and that is hermetically sealed. 7(3) This section does not apply to the transport, or the causing to be transported, of a body to another country. Transportation of bodies outside Canada 8 No person shall transport or cause to be transported, to another country, the body of a person who has died from a cause other than a designated disease, without first ensuring that (a) the body (i) has been embalmed by an embalmer and placed in a hermetically sealed coffin, or (ii) is enclosed in a coffin (A) that is constructed of, or lined with, metal or other impervious material and hermetically sealed, or (B) which is placed in a tightly constructed outer container that is constructed of, or lined with, metal or other impervious material, and that is hermetically sealed; and (b) a transit certificate in the form set out in Schedule B, properly completed and signed by (i) a funeral director or embalmer, or (ii) a person to whom a permit has been issued under section 10 of The Funeral Directors and Embalmers Act , is presented, and a copy of the transit certificate is securely attached at the head end of the outside of the coffin or outer container, as the case may be. DISINTERMENT Application for disinterment 9(1) An application for an order for disinterment under subsection 92(2) of the Act must be sworn by the applicant, and include the following: (a) the applicant's name and address; (b) the name of the deceased person; (c) the applicant's relationship to the deceased person; (d) the name and location of the cemetery, building, structure or other place in which the body is interred; (e) the name and location of the cemetery, building, structure or other place in which the body will be re-interred; (f) the reason for the disinterment; (g) the signed consent, to the disinterment, of the owner or person in charge of the cemetery, building, structure or other place in which the body is interred; (h) any additional information that the minister may require. 9(2) An application under subsection (1) must be made to the Director of Vital Statistics, and must be accompanied by (a) an application fee of $50 by cheque or money order payable to the Minister of Finance; (b) an application for a certified copy of the registration of death, if the death occurred in Manitoba; (c) the written consent of all immediate surviving next of kin, unless the Director of Vital Statistics directs otherwise; and (d) any other information required by the Director of Vital Statistics. Coming into force 10 This regulation comes into force on the same day that The Public Health Act , S.M. 2006, c. 14, comes into force. SCHEDULE A Transportation of Remains of Deceased Person Infected with a Designated Disease (Certificate) SCHEDULE B Transportation of Remains of Deceased Person (Certificate)