Thanks, Mr. Chair. First off, I would like to thank the Standing Committee on Social Development for its review of the bill. Bill 30, the Health Statutes Amendment Act (Cremation Services), is a private Member's bill which proposes amendments to the Public Health Act and to the Vital Statistics Act.
Together, the minor amendments in Bill 30 will allow greater certainty for cremations to be performed here in the NWT, reducing costs and wait times for bereaved families, and further diversify the domestic service economy. Specifically, amendments to the Public Health Act will create the ability to make regulations for cremation and crematoriums. Amendments to the Vital Statistics Act will define cremation and crematoriums and ensure that only a funeral planner can carry out cremations that are to take place in a crematorium.
Although the existing regulatory regime does not prohibit cremation, it is largely silent on how this service is to be provided. Burial, cremation, and funeral services are not governed by specific legislation in the Northwest Territories.
In introducing this bill, I would like to provide Members with a brief background on the cremation service situation and on how these amendments will improve services for the public and provide certainty for service providers. All Canadian jurisdictions except the Northwest Territories and Nunavut have legislation for cremation. There are about 200 deaths each year among NWT residents. There are two recognized funeral planners in the NWT (located in Inuvik and Yellowknife) and others, on a case-by-case basis, in small communities.
Of the approximately 100 funerals handled annually by the main service provider, cremation is the chosen option for about 40-45 per cent of families, even though cremation services are not available in the NWT. Cremation currently takes place in Edmonton, and transportation costs alone are approximately $1,500 from Yellowknife. Shipment to and from Edmonton adds several days' delay at a time when families may wish to proceed as promptly as possible with a funeral. These transportation costs and delays will be reduced or eliminated by the availability of local service suppliers.
The proposed bill would amend the Public Health Act and the Vital Statistics Act to state clearly that cremation is both permitted and governed by the current regime. This provides certainty for service providers and communities, and it will explicitly allow cremation as a permitted method of interment under the existing statutory scheme. For the service providers, clarifying cremation practice and regulatory authority and the use of consistent definitions in cremation legislation, provides greater certainty.
The private Member's bill does not seek to establish new powers with respect to cremation. It does not create any new regulatory structure to govern the performance of cremation. Above all, the private Member's bill does not require cremation. It does provide greater clarity for anyone designated to offer funeral services in the NWT, enabling service providers to include cremations within the existing system.
Prior to deciding to proceed with a private Member's bill, I consulted widely on how to make NWT-based cremation possible. In response to my inquiries, the Minister of Health and Social Services stated in an email in December 2016 that the department had done a jurisdictional scan of cremation legislation. The Minister indicated he would work with other departments to determine the legislative steps necessary to make cremation services available in the NWT.
In the winter 2017 Legislative Assembly session, I made a statement on cremation and asked whether Cabinet was prepared to bring forward a bill. In response, the Minister of Health and Social Services and Minister of Municipal and Community Affairs suggested that a private Member's bill may be the best way to move forward.
Since then, I have worked closely with the Office of the Law Clerk and consulted with a potential service provider in preparing the proposed legislation. It was decided that the best approach was to ensure certainty through minor amendments of the existing law.
The proposed approach maintains the current regulatory regime governing burial, funeral services, and the final disposition of human remains in the NWT. The bill explicitly provides that cremation is permitted by this system.
Regulations under the Public Health Act could be brought forward by Health and Social Services at some point in the future, as the department would have the authority to regulate cremation and crematoriums. For now, there is no proposal to create regulations. The establishment of crematoria may require municipal approvals including zoning and business licensing. These matters will continue to be regulated by local governments under the Department of Municipal and Community Affairs municipal governance legislation. This is consistent with other jurisdictions in Canada.
Creation of the ability to perform cremations has no financial implications for the Government of the NWT.
In summary, I believe this private Member's bill:
• Responds to a real and immediate need to enable improved services for NWT families and consumers, at reduced expense and with an expansion to the local service economy and tax base;
• Has been carefully constructed, in consultation with a potential service provider and the Minister of Health and Social Services;
• Provides the legislative support necessary to permit these operations with greater legal certainty and clarity;
• Creates the ability for further and more specific direction of these practices by establishing the ability to write regulations; and
• Allows this legislative improvement to be made even though this action was not among the legislative priorities of the government.
I welcome the committee's review of this proposed legislation. I would be happy to answer any questions Members may have. Thank you, Mr. Chair.