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RSNL1990 CHAPTER E-18

EXHUMATION ACT

Amended:

1995 cF-6.1 s30; 2004 cL-3.1 s30

CHAPTER E-18

AN ACT RESPECTING THE EXHUMATION OR REMOVAL OF DEAD BODIES

Analysis



Short title

        1. This Act may be cited as the Exhumation Act.

RSN1970 c119 s1

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Licence to remove body

        2. A person shall not remove a body, or the remains of a body interred in a place of burial, except under a licence signed by the Minister of Justice or Chief Medical Examiner in accordance with the duties of the Chief Medical Examiner, and with precautions which may be prescribed by the Minister of Health.

RSN1970 c119 s2; 1995 cF-6.1 s30

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Freedom from penalty

        3. (1) A licence shall name the body or remains to be removed and the person or public body who has charge and control of the exhumation or removal of the body or remains.

             (2)  A person or public body acting under the licence referred to in section 2, and the employees or agents of that person or public body are not liable to a penalty that would otherwise attach to the removal of the body or remains.

RSN1970 c119 s3

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Licence in general terms

        4. Where a body of an unknown person or a number of bodies are removed from one place of burial to another, the licence may be expressed in general terms without naming the particular body or bodies to be removed.

RSN1970 c119 s4

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Penalty

        5. A person who removes a body or the remains of a body contrary to this Act, or who neglects to observe the instructions prescribed by the Minister of Health under section 2, is guilty of an offence and liable on summary conviction to a fine not exceeding $50.

RSN1970 c119 s2; 1979 c38 s7

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Labrador Inuit rights

        6. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s30