Cremation
CREMATION ACT
CHAPTER 30:51
LAWS OF TRINIDAD AND TOBAGO
Act
16 of 1953
Amended by
17 of 1970
22 of 1976
4 of 1986
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–34 ..
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Index of Subsidiary Legislation
Page
Cremation Regulations (GN 6/1971) … … … … … 9
Delegation of Powers under the Cremation Regulations (GN 23/1971) … 34
Note on Act No. 21 of 1990
See section 274 of the Municipal Corporations Act, 1990 (Act No. 21 of 1990) which repealed
various Ordinances and Acts relating to Local Government; and, the expressions (in inverted
commas) identified by an asterisk in this Act should be adapted and construed in accordance
with the said Municipal Corporations Act, 1990.
Note on Adaptation
Under paragraph 5 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of
the amendments was signified by LN 120/1980, but no marginal reference is made to this
Notice where any such amendment is made in the text.
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CHAPTER 30:51
CREMATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Cremation authorised in manner provided by this Act.
4. Crematorium not to be established or operated without authority
of Minister.
Authority may be revoked.
Approval of plans for crematoria required.
5. Burial Authority may provide for and maintain crematoria.
6. Permit required to burn on pyre.
7. Crematorium site.
Pyre site.
8. Regulations as to burning of human remains.
9. Offence to make false statement, etc.
Penalty for concealing offences or impeding prosecution.
10. Offences.
11. Fees.
12. Savings.
13. Provisions of Public Health Ordinance not affected.
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CHAPTER 30:51
CREMATION ACT
An Act for the Regulation of Burning of Human Remains
in Crematoria or otherwise and for the establishment
of Crematoria.
[1ST AUGUST 1956]
1. This Act may be cited as the Cremation Act.
2. In this Act—
*“Burial Authority” means the Council of any City or Borough
or County or any other authority in charge or control of any
public burial ground licensed under the Burial Grounds Act;
“Cremation Authority” means any Burial Authority or any person
by whom a crematorium has been established with the
authority of the Minister;
“crematorium” means any building fitted with appliances for the
purpose of burning human remains and includes everything
incidental or ancillary thereto;
*“Minister” means the Minister to whom responsibility for Local
Government is assigned.
3. From and after the commencement of this Act it shall be
lawful to dispose of human remains by burning the same in an
approved crematorium or in a pyre specially constructed for the
purpose, in accordance with this Act and of any Regulations made
thereunder.
4. (1) No person shall construct, establish, operate or
maintain a crematorium except with permission granted under the
Town and Country Planning Act, and the written authority of the
Minister and in accordance with such terms and conditions as the
Minister may impose, being terms and conditions which he may
consider requisite and conducive to the public good.
1951-53 Ed.
Ch. 12 No. 20.
16 of 1953.
Commencement.
94/1956.
Short title.
Interpretation.
[4 of 1986].
Ch. 30:50.
Cremation
authorised
in manner
provided
by this Act.
Crematorium
not to be
established or
operated
without
authority
of Minister.
[4 of 1986].
Ch. 35:01.
*See Note on Act No. 21 of 1990 on page 2.
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(2) An authority granted under subsection (1) to any
person may be revoked at any time by the Minister.
(3) No person shall burn any human remains in any
crematorium until the plans and site thereof have been approved
by the Minister and until the crematorium has been certified by
the Minister to whom responsibility for Environmental Health is
assigned, to the Minister to be complete, built in accordance with
such plans and properly equipped for the purpose of the disposal
of human remains by burning.
5. The powers of a Burial Authority shall be deemed to extend
to and include the powers of providing and maintaining crematoria.
6. No person shall burn any human remains on a pyre or in a
crematorium unless he is in possession of a valid permit or licence
to do so obtained in accordance with Regulations made under
this Act.
7. (1) No person may construct a crematorium except
within such a distance from a dwelling house or highway as may
be permitted under the Town and Country Planning Act.
(2) No person shall burn any human remains by the pyre
method within such distance of a dwelling house or any highway
as may be prescribed.
8. (1) The Minister shall make Regulations for the better
carrying out of the provisions of this Act, and without prejudice
to the generality of the foregoing for any or all of the
following purposes:
(a) as to the maintenance and inspection
of crematoria;
(b) prescribing in what cases and under what
conditions the burning of any human remains may
take place;
(c) directing and controlling the disposition or
interment of the ashes;
Authority may
be revoked.
Approval of
plans for
crematoria
required.
Burial Authority
may provide
for and maintain
crematoria.
Permit
required to
burn on pyre.
[22 of 1976].
Crematorium
site.
[4 of 1986].
Ch. 35:01.
Pyre site.
Regulations
as to burning
of human
remains.
[22 of 1976].
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(d) prescribing the forms of any notices, certificates
and declarations to be given or made before any
burning of human remains is permitted to
take place;
(e) as to the registration of such burnings of human
remains as have taken place;
(f) providing for the manner in which pyres shall be
constructed and in which human remains may be
burned thereon;
(g) prescribing the charges or fees which may be
demanded by a Cremation Authority for the
burning of human remains in a crematorium;
(h) providing for the issue, suspension and
cancellation of licences or permits to burn
human remains on a pyre or in a crematorium.
(2) Regulations made under this section may provide that
any person who contravenes the provisions of such regulation is
liable on summary conviction to a fine of one thousand dollars
and to imprisonment for six months.
(3) Penalties imposed on any person under and by virtue
of Regulations made under this section shall be in addition and
without prejudice to any liabilities or penalties which he may
otherwise incur.
(4) Regulations made under this section shall be subject
to affirmative resolution of Parliament.
9. (1) Any person who wilfully makes or causes to be made
any false statement, declaration or representation or who signs or
utters any false certificate required to be made, signed or uttered
under or by virtue of this Act with a view to procuring the burning
of any human remains is liable on conviction on indictment to a
fine of five thousand dollars and to imprisonment for two years.
(2) Any person, who, with intent to conceal the
commission or impede the prosecution of any offence procures or
attempts to procure the cremation of any human remains, or with
Offence to
make false
statement, etc.
[22 of 1976].
Penalty for
concealing
offence or
impeding
prosecution.
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such intent, makes any declaration or gives any certificate under
this Act is liable on conviction on indictment to a fine of twenty
thousand dollars and to imprisonment for five years.
10. Any person who—
(a) constructs, establishes, operates or maintains a
crematorium without the written authority of the
Minister or otherwise than in accordance with any
terms or conditions imposed by the Minister under
section 4(1);
(b) burns any human remains in any crematorium
before the plans and site thereof have been
approved by the Minister or before the
crematorium has been certified as provided by
section 4(3);
(c) burns any human remains on any pyre or in any
crematorium without being in possession of a
valid permit or licence to do so;
(d) constructs a crematorium in breach of any
provision of section 7(l);
(e) burns any human remains on a pyre within
such distance of a dwelling house or public
highway as may be prescribed by Regulations
made hereunder; or
(f) uses a crematorium for the burning of anything
other than human remains,
is liable on conviction on indictment to a fine of twenty thousand
dollars and to imprisonment for two years.
11. A Cremation Authority may demand payment of any
such charges or fees approved by the Minister for the burning of
human remains in any crematorium provided by it as may be
prescribed, and such charges or fees, and any other expenses
properly incurred in or in connection with the cremation of a
deceased person, shall be deemed to be part of the funeral
expenses of the deceased.
Offences.
[22 of 1976
4 of 1986].
Fees.
[4 of 1986].
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LAWS OF TRINIDAD AND TOBAGO
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Savings.
Ch. 6:04.
Provisions of
Public Health
Ordinance
not affected.
Ch.12 No. 4.
(1950 Ed.).
12. Nothing in this Act shall—
(a) interfere with the jurisdiction of any Coroner
under the Coroner’s Act or any Act amending
the same;
(b) authorise any Burial or Cremation Authority or
any person to create, or permit a nuisance.
13. The provisions of this Act shall be in addition to and
not in derogation of any provision contained in the Public
Health Ordinance.
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SUBSIDIARY LEGISLATION
CREMATION REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
PRELIMINARY
2. Interpretation.
PART I
CREMATION BY PYRE METHOD
3. Maintenance and inspection.
4. Form and mode of application for permit.
5. Who may apply.
6. Authorised officer to grant, delay or refuse application.
7. When unlawful to cremate.
8. Medical certificates required before cremation.
9. Disposal of ashes.
10. Conditions for cremations.
11. Duty of person to whom permit has been issued.
12. Duties of holder of permit.
13. Permits, etc., to be kept at Police Divisional Headquarters.
14. Human remains to be all reduced to ashes.
15. Ashes may be exported.
16. Regulations not to affect provisions of Public Health Ordinance.
17. Applications, etc., open to inspection.
18. Provisions for rules.
PART II
CREMATION BY CREMATORIUM METHOD
19. Interpretation of Part II.
20. Establishment of crematorium.
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[Subsidiary] Cremation Regulations
21. Certificate of local authority.
22. (Deleted by LN No. 40/1986).
MAINTENANCE AND INSPECTION OF CREMATORIA
23. Duty to maintain crematoria in good condition.
CONDITIONS UNDER WHICH CREMATIONS MAY
TAKE PLACE
24. Notice required of intention to open or close crematorium.
25. Application to be signed by relative.
26. Authorised officer to grant, delay or refuse application.
Authorised officer to issue written authority to cremate.
When unlawful to cremate.
27. Conditions for cremations.
28. Medical certificates required before cremation.
29. Disposal of ashes.
30. Human remains to be all reduced to ashes.
31. Ashes may be exported.
32. Regulations not to affect provisions of Public Health Ordinance.
33. Registration of burning of human remains.
34. Applications, certificates and documents to be retained by
Crematorium Authority.
Inspection of documents.
35. Disposal of documents.
36. Order of Minister as to fees for cremations.
37. Power of Minister to delegate.
MISCELLANEOUS
38. Offences and penalties.
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[Subsidiary]
CREMATION REGULATIONS
made under section 8
1. These Regulations may be cited as the Cremation
Regulations.
PRELIMINARY
2. In these Regulations—
“authorised officer” means the police officer of or above the rank
of Inspector of the division in which the deceased whose
remains it is intended to cremate lived and includes any other
police officer of or above that rank authorised by the
Commissioner of Police;
“authorised site” means any of the sites specified in the
Second Schedule and any other site the use of which is
from time to time authorised by the Minister pursuant to
regulation 10(2);
“division” means a police division within the meaning of the
Police Service Regulations;
*“local authority” means the Port-of-Spain Corporation
established under the Port-of-Spain Corporation Ordinance.
The San Fernando Corporation established under the San
Fernando Corporation Ordinance and the Arima Corporation
established under the Arima Corporation Ordinance and
includes a County Council established under the County
Councils Act;
“medical officer” means a medical practitioner who is in the
Public Service;
“Medical Practitioner” means a person duly registered by the
Medical Board of Trinidad and Tobago;
“Minister” means the Minister to whom responsibility for Local
Government is assigned.
6/1971.
[66/1977
40/1986].
Citation.
Interpretation.
[66/1977].
Second
Schedule
Ch. 15:01.
Sub. Leg.
Ch. 39 No. 1.
(1950).
Ch. 39 No. 7.
(1950).
Ch. 39 No. 11.
(1950 Ed.).
Ch. 25:04.
*See Note on Act No. 21 of 1990 on page 2.
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[Subsidiary] Cremation Regulations
PART I
CREMATION BY PYRE METHOD
3. Every pyre site established in Trinidad and Tobago
under the Act and every authorised site shall be—
(a) maintained in good working order;
(b) provided with a sufficient number of
attendants trained to the satisfaction of the
Chief Medical Officer;
(c) kept constantly in a clean and orderly
condition; and
(d) open to inspection at any reasonable time by
any person appointed for such purposes by the
Minister to whom responsibility for
Environmental Health is assigned.
4. (1) An application for a permit to construct a funeral
pyre and to cremate human remains shall be made in accordance
with these Regulations—
(a) on Form A in the First Schedule; and
(b) to the authorised officer at least six hours before
the intended cremation.
(2) An application under subregulation (1) shall specify
the time and place of the intended cremation.
(3) A copy of the application referred to in subregulation (1)
shall be forwarded by the applicant to the Distric Medical Officer of
Health in whose county the intended cremation is to take place at
least six hours before the intended cremation.
5. An application to which regulation 4 refers shall be made
and signed by an executor or by the nearest surviving relative of
the deceased or by some other person except that where any
application is made by a person other than the executor or nearest
relative of the deceased such person shall show good reason to the
satisfaction of the authorised officer why the application is not in
fact being made by an executor or by such relative of the deceased.
Maintenance
and inspection.
[66/1977
40/1986].
Form and
mode of
application
for permit.
[66/1977].
Form A.
First Schedule.
Who may apply.
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[Subsidiary]Cremation Regulations
6. (1) No permission to cremate shall be granted unless
the requirements for cremation of human remains by the pyre
method prescribed by the Act and these Regulations have been
complied with.
(2) The authorised officer may in his absolute discretion
either grant, delay or refuse permission to cremate the remains of
a deceased.
(3) A permit to construct a funeral pyre and to cremate
human remains on a pyre shall be issued in accordance with
Form B in the First Schedule, and shall be subject to such conditions
as are specified therein.
7. (1) No person shall dispose of by burning on any pyre—
(a) the remains of any person who is known to have
left a written declaration to the contrary;
(b) any human remains which have not been properly
identified; or
(c) the remains of any person unless a written
authority to do so has first been obtained from
the authorised officer under regulation 6(2) and
all other requirements of the Act and of these
Regulations have been fully complied with.
(2) Any person who contravenes any of the provisions of
subregulation (1) is liable on summary conviction to a fine of one
thousand dollars and to imprisonment for six months.
8. (1) No cremation of human remains by the pyre method
shall be allowed to take place unless—
(a) a certificate in accordance with Form C in the
First Schedule has been given by the medical
practitioner or where the death occurred at a
hospital by the medical officer who attended the
deceased during his last illness and who can
certify definitely as to the cause of death;
Authorised
officer
to grant,
delay or refuse
application.
[66/1977].
Form B.
First Schedule.
When unlawful
to cremate.
[66/1977].
Medical
certificates
required before
cremation.
[66/1977].
Form C.
First Schedule.
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[Subsidiary] Cremation Regulations
(b) a confirmatory medical certificate in accordance
with the Addendum to Form C in the First
Schedule has been given by a medical officer who
is not a relative of the deceased or a relative or
partner of the medical practitioner or the medical
officer who has given the certificate referred to
in paragraph (a);
(c) a post-mortem examination has been performed
by a medical officer in the circumstances specified
in subregulation (2) and a certificate has been
given by him in accordance with Form E in the
First Schedule; and
(d) a certificate is produced to the effect that the
death has been duly registered in accordance
with the provisions of the Births and Deaths
Registration Act.
(2) A post-mortem examination shall be performed by a
medical officer requested to do so by an authorised officer and
approved by the Chief Medical Officer where—
(a) there is reasonable cause to suspect that the
deceased died a violent or an unnatural death;
(b) the deceased died a sudden death;
(c) the cause of death is unknown; or
(d) the deceased died in such place or in such
circumstances as would require an inquest to be
held in pursuance of any law.
9. (1) After the remains of a deceased person have been
cremated, the holder of the permit shall take charge of the ashes
which shall be—
(a) decently interred in a burial ground or on a site
reserved for the burial of such ashes; or
(b) scattered on the sea or thrown therein in a place
not less than 1.6 kilometres from any public
bathing beach or into a river approved by
that authority.
Form E.
First Schedule.
Ch. 44:01.
Disposal of
ashes.
[66/1977
40/1986].
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[Subsidiary]Cremation Regulations
(2) Before any site is reserved or any place in the sea or
any river is approved for the burial or disposal of the ashes of a
deceased person in accordance with subregulation (1), a local
authority shall consult the Minister to whom responsibility for
Environmental Health is assigned.
(3) Any person who—
(a) buries, scatters, throws or otherwise disposes of
or authorises the burying, scattering, throwing
or other disposal of any ashes of human remains
save as provided in subregulation (1); or
(b) buries, scatters, throws or otherwise disposes of
or authorises the burying, scattering, throwing
or other disposal of any ashes of human remains
into any lagoon, pond, dam, reservoir, river,
stream, ravine or water course, not approved for
that purpose,
is liable on summary conviction to a fine of one thousand dollars
and to imprisonment for six months.
10. (1) Notwithstanding the issue of a permit under
regulation 6, no cremation of human remains shall be carried out
by the pyre method at any place, unless—
(a) the site on which the pyre is to be constructed is
an authorised site; and
(b) the cremation is conducted by the holder of
the permit;
(c) an officer designated by the Minister to whom
responsibility for Environmental Health is
assigned to ensure that the provisions of the
Public Health Ordinance have been complied
with, is present; and
(d) a police officer designated by the Commissioner
of Police to ensure that the provisions of the Act
and these Regulations have been complied with,
is present.
Conditions for
cremations.
[66/1977
40/1986].
Ch. 12 No. 4.
(1950 Ed.).
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[Subsidiary] Cremation Regulations
Duty of
person to
whom permit
has been issued.
[66/1977
40/1986].
(2) The Minister may by Notification authorise the use
of any site within the district of a local authority for the construction
of funeral pyres for the cremation of human remains if the site—
(a) is at least 0.8 kilometres from the nearest dwelling
house and not less than 30 metres from any road;
(b) is at a place where its use as a site for the
cremation of human remains is not likely to be a
nuisance;
(c) is properly fenced from animals and screened
from public view; and
(d) is approved by the Minister to whom responsibility
for Environmental Health is assigned as being a
suitable site for the cremation of human remains.
(3) The Minister may if he thinks fit, by Notification at
any time declare that a site is no longer an authorised site.
11. (1) A person to whom a permit has been issued pursuant
to regulation 6 shall—
(a) act in accordance with the provisions of the Act
and these Regulations;
(b) satisfy any conditions specified in the permit;
(c) obey any orders or directions given to him by an
authorised officer or any other person designated
by him; and
(d) be responsible for the acts and omissions of all
those who are employed by him.
(2) An authorised officer may withdraw or cancel a permit
issued pursuant to regulation 6, if the holder of the permit fails to
comply with any of the requirements of subregulation (1) or to
satisfy any of the conditions subject to which the permit was issued.
(3) No person, other than the holder of a permit issued
under regulation 6 and his assistants working under his supervision
may do any work in relation to the construction of a funeral pyre
authorised to be constructed under regulation 10(2) for the
cremation of human remains.
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[Subsidiary]Cremation Regulations
Duties of
holder
of permit.
[66/1977
40/1986].
Form D.
First Schedule.
Permits, etc.,
to be
kept at
Police
Divisional
Headquarters.
[66/1977].
Human remains
to be all
reduced
to ashes.
Ashes may
be exported.
Regulations not
to affect
provisions of
Public Health
Ordinance.
Ch. 12 No. 4.
(1950 Ed.).
Applications,
etc.,
open to
inspection.
[66/1977
40/1986].
(4) A person who contravenes the provisions of
subregulations (1) and (3) is liable on summary conviction to a
fine of one thousand dollars and to imprisonment for six months.
12. Upon the completion of the cremation in accordance with
these Regulations, the holder of a permit shall obtain from the
police officer present at the cremation a certificate in accordance
with Form D in the First Schedule to the effect that the cremation
was conducted under and in accordance with these Regulations.
The police officer present at the cremation shall send a copy of the
certificate to the authorised officer who issued the permit.
13. Subject to regulation 17(2), the police officer in charge of
the Police Divisional Headquarters shall keep copies of all
applications, permits or other documents pertaining to cremations
under the Act or these Regulations.
14. Any human remains burnt on any pyre shall be reduced
entirely to ashes which shall then be salvaged and dealt with in the
manner prescribed by regulation 9.
15. Nothing herein contained shall prevent the ashes of any
human remains cremated in accordance with the provisions of the
Act or of these Regulations from being exported from the country
in containers sealed to the satisfaction of the Chief Medical Officer.
16. Nothing herein contained shall be deemed to authorise the
burning of human remains or to authorise the disposal of the ashes
of human remains so as to contravene the provisions of the Public
Health Ordinance.
17. (1) Copies of all applications, permits and other
documents kept at the Police Divisional Headquarters shall be open
to inspection at any reasonable hour by any person appointed for
that purpose by the Minister responsible for Local Government,
the Minister to whom the responsibility for Environmental Health
is assigned or by the Commissioner of Police.
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[Subsidiary] Cremation Regulations
(2) The police officer in charge of the Police Divisional
Headquarters may, after the expiration of fifteen years from the
date of the cremation to which they relate destroy all copies of
applications, permits and other documents in his possession.
18. The Minister may from time to time by Order provide for
rules regulating the fees to be charged for cremation by pyre
method, the hours during which cremation under this Part may be
carried on and generally for the proper administration of this Part.
PART II
CREMATION BY CREMATORIUM METHOD
19. In this Part—
“Crematorium Authority” means any burial authority or any
company or person by whom a crematorium has been
established or operated;
“Crematorium” means any building fitted with appliances for the
purpose of burning human remains and includes everything
incidental and ancillary thereto.
20. (1) No crematorium shall be established without the
permission of the Minister.
(2) A person desiring to establish a crematorium shall
make application to the Minister for permission to do so and shall
submit the plans and site thereof to the Minister and the local
authority concerned.
(3) Where the local authority after consultation with the
Ministry of Planning and Development approves the plans and
the site for the crematorium it shall so certify, and the Minister
may if he thinks fit grant permission for the establishment of
the crematorium.
(4) Where a crematorium is so established, the
Crematorium Authority shall notify the Minister of any change of
name of the crematorium, or of any change of ownership thereof.
Provisions
for rules.
Interpretation
of Part II.
Establishment
of crematorium.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 19
[Subsidiary]Cremation Regulations
21. A crematorium established under regulation 20 may not
be used for the cremation of human remains unless the local
authority certifies to the Minister to whom responsibility for
Environmental Health is assigned that the crematorium is complete,
built in accordance with such plans and properly equipped for the
purpose of the disposal of human remains by burning.
22. (Deleted by LN No. 40/1986).
MAINTENANCE AND INSPECTION OF CREMATORIA
23. (1) Every crematorium shall be—
(a) maintained in good working order;
(b) provided with a sufficient number of
attendants; and
(c) kept constantly in a clean and orderly condition.
(2) Where the Crematorium Authority—
(a) fails to comply with subregulation (1), or
(b) operates a crematorium under conditions in
which, in the opinion of the Minister responsible
for Environmental Health, a health hazard exists,
that Minister may, in the case of paragraph (a) close a
crematorium upon giving not less than one week’s notice thereof
to the Crematorium Authority or in the case of paragraph (b)
close the crematorium immediately, either by advertisement in
a daily newspaper or by having notice affixed to the entrance to
the crematorium.
(3) The Crematorium Authority shall give notice
in writing to the Minister of the opening or closing of
any crematorium.
(4) Every crematorium shall be open to inspection at any
time by any person appointed for that purpose by the Minister or
by the Minister to whom responsibility for Health is assigned.
Certificate of
local authority.
[40/1986].
Duty to
maintain
crematoria in
good condition.
[40/1986].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
Notice
required of
intention to
open or close
crematorium.
Application
to be signed
by relative.
[66/1977].
Authorised
officer to grant,
delay or refuse
application.
Authorised
officer
to issue written
authority to
cremate.
Form B.
First Schedule.
When unlawful
to cremate.
CONDITIONS UNDER WHICH CREMATIONS MAY
TAKE PLACE
24. (1) A Crematorium Authority shall give to the Minister
at least one month’s notice in writing of its intention to open or
close any crematorium established by it or over which it has control.
(2) A Crematorium Authority shall before closing any
crematorium established by it or under its control give at least one
month’s notice of such intention to the public.
(3) A notice to which subregulation (2) refers shall be
prominently displayed for at least one month prior to the proposed
closing date at the main entrance of the crematorium and shall
also be published on at least six (6) days during the said period in
a daily newspaper circulating in the division in which such
crematorium is situated.
25. An application to have any human remains cremated
under the Act shall be made and signed by an executor or by the
nearest surviving relative of the deceased, or by some other
person provided that in the case of such other person he shall show
good reason to the satisfaction of the authorised officer why the
application is not in fact being made by an executor or by such
relative of the deceased.
26. (1) No permission for cremation shall be granted unless
the requirements prescribed by the Act and these Regulations
have been complied with.
(2) The authorised officer may in his absolute discretion
either grant, delay or refuse permission to cremate the remains of
the deceased.
(3) A permit granted in accordance with
subregulation (1) shall be in writing in accordance with Form B
in the First Schedule.
(4) No cremation shall be performed unless a police
officer or police officers designated by the Commissioner of
Police for the purpose of ensuring that the Act and these Regulations
have been complied with are present.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 21
[Subsidiary]Cremation Regulations
Conditions for
cremations.
[66/1977].
Medical
certificates
required
before
cremation.
Form C.
First Schedule.
[66/1977].
Form E.
First Schedule.
27. (1) It shall not be lawful to dispose of by burning in
any crematorium—
(a) the remains of any person who is known to have
left a written declaration to the contrary; or
(b) any human remains which have not been properly
identified; or
(c) the remains of any person unless a written
authority to do so has first been obtained from
the authorised officer under regulation 26 and all
other requirements of the Act and these
Regulations have been fully complied with.
(2) Any person who contravenes the provisions of this
regulation is liable on summary conviction to a fine of one
thousand dollars and to imprisonment for six months.
28. (1) No cremation of human remains by the crematorium
method shall be allowed to take place unless—
(a) a certificate in accordance with Form C in the
First Schedule has been given by the medical
practitioner or, where the death occurred at a
hospital, by the medical officer who attended to
the deceased during his last illness and who can
certify definitely as to the cause of death;
(b) a confirmatory medical certificate in accordance
with the Addendum to Form C in the First
Schedule has been given by a medical officer who
is not a relative of the deceased or a partner of
the medical practitioner or the medical officer
who has given the certificate referred to in
paragraph (a);
(c) a post-mortem examination has been performed
by a medical officer in the circumstances specified
in subregulation (2) and a certificate has been
given by him in accordance with Form E in the
First Schedule; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
22 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
Ch. 44:01.
Disposal of
ashes.
[66/1977
40/1986].
(d) a certificate is produced to the effect that the
death has been duly registered in accordance with
the provisions of the Births and Deaths
Registration Act.
(2) A post-mortem examination shall be performed by a
medical officer requested to do so by an authorised officer and
approved by the Chief Medical Officer where—
(a) there is reasonable cause to suspect that the
deceased died a violent or an unnatural death;
(b) the deceased died a sudden death;
(c) the cause of death is unknown; or
(d) the deceased died in such place or in such
circumstances as would require an inquest to be
held in pursuance of any law.
29. (1) After the cremation of the remains of a deceased
person the ashes shall be given into the charge of the person who
applied for the said cremation, if he so desires. Where the ashes
are not so desired, they shall be retained by the Crematorium
Authority, and, in the absence of any special arrangement, they
shall be decently interred in a burial ground or in the land adjoining
the crematorium or site reserved for the burial of such ashes.
(2) Where ashes are left temporarily in the charge of the
Crematorium Authority and not removed within a reasonable time,
a fortnight’s notice shall be given by the Crematorium Authority
to the person who applied for the cremation before the remains are
interred in the land adjoining the cremation on the site reserved
for the burial of ashes.
(3) Any person who throws or authorises the throwing
of any ashes of human remains into the sea or a river save as is
provided by this regulation, or into any lagoon, pond, dam,
reservoir, stream, ravine or watercourse or disposes of the same
otherwise than in accordance with the provisions of
subregulation (1) is liable on summary conviction to a fine of one
thousand dollars and to imprisonment for six months.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 23
[Subsidiary]Cremation Regulations
Human remains
to be all reduced
to ashes.
Ashes may be
exported.
Regulations
not to affect
provisions of
Public Health
Ordinance.
Ch. 12 No. 4.
(1950 Ed.).
Registration
of burning of
human remains.
Applications,
certificates, and
documents to
be retained by
Crematorium
Authority.
[66/1977].
Inspection of
documents.
30. Any human remains burnt at any crematorium shall be
reduced entirely to ashes which shall then be salvaged and dealt
with in the manner prescribed by regulation 29.
31. Nothing herein contained shall prevent the ashes of any
human remains cremated in accordance with the provisions of the
Act or of these Regulations from being exported from the country
in containers sealed to the satisfaction of the Chief Medical Officer.
32. Nothing herein contained shall be deemed to authorise the
burning of human remains or to authorise the disposal of the ashes
of human remains so as to contravene the provisions of the Public
Health Ordinance.
33. (1) Every Crematorium Authority shall keep a register
of all cremations carried out by it.
(2) Entries shall be made relating to each cremation
immediately after the cremation has taken place, except the entry
concerning the disposal of the ashes, which shall be made as
soon as the ashes of the deceased have been handed to the person
to whom authority to cremate was given by the authorised
officer or have been otherwise disposed of in accordance with
regulation 29.
34. (1) All applications, certificates, and other documents
relating to any cremation shall be marked with a number
corresponding to the number in the register and shall be filed in
order and shall be carefully preserved by the Crematorium
Authority. However, the Crematorium Authority may, if it thinks
fit, destroy any such applications, certificates, or other documents
(but not the register of cremations or any part thereof) after the
expiration of fifteen years from the date of the cremation to which
they relate.
(2) All such registers and documents shall be open to
inspection at any reasonable hour by any person appointed for that
purpose by the Minister or by the Commissioner of Police.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
Disposal of
documents.
Order of
Minister as
to fees for
cremations.
Power of
Minister
to delegate.
Offences and
penalties.
[66/1977].
35. When any crematorium is closed as provided in
regulation 23 the Cremation Authority shall send all registers and
documents relating to the cremations which have taken place
therein to the Minister of Local Government or otherwise dispose
of them as he may direct.
36. The Minister may by Order regulate the fees to be charged
for cremations, the hours during which cremations may be carried
out and generally for the proper administration of crematoria in
accordance with the Act and these Regulations.
*37. The Minister may, in relation to any particular regulation
other than this regulation by writing under his hand, delegate to
any person his powers thereunder.
MISCELLANEOUS
38. A person who contravenes any of the provisions of these
Regulations is guilty of an offence, and any person guilty of an
offence against these Regulations, except where the provisions by
or under which the offence is created provides the penalty to be
imposed, is liable on summary conviction to a fine of one thousand
dollars and in the case of a continuing offence to a further fine of
fifty dollars for each day during which the offence continues after
conviction therefor.
*For delegation of powers under this regulation—See GN 23/1971.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 25
[Subsidiary]Cremation Regulations
FIRST SCHEDULE
FORM A
APPLICATION FOR A PERMIT TO CONSTRUCT A FUNERAL PYRE
AND TO CREMATE HUMAN REMAINS
I, ..................................................................of .................................................................
...........................................................................................................................................
Occupation ........................................................................................................................
apply to the authorised officer of the ................................................................ Division
for a permit to construct a funeral pyre and to cremate on ...............................................
........................................................................................................................
at ....................................................................................................................
the remains of................................................... of ............................................................
...........................................................................................................................................
Age .................... Sex ........................ Marital Status.....................................
1. Are you an executor or the nearest surviving relative of the deceased?............
2. If not state—
(a) Your relationship to the deceased ..........................................................
(b) The reason why the application is made by you and not by an executor
or any near relative...............................................................................
3. Did the deceased leave any written directions as to the mode of disposal of his
or her remains? If so, state directions................................................................................
4. Have the near relatives* of the deceased been informed of the proposed
cremation? ........................................................................................................................
5. Has any near relative of the deceased expressed any objection to the proposed
cremation? If so, on what ground? ...................................................................................
6. What was the date and hour of the death of the deceased? ..............................
7. What was the place where the deceased died? (Give address and say whether
own residence, lodgings, hotel, hospital, nursing home, etc.)................................................
[66/1977].
[Regulation
4(1)(a)].
(state name and address of applicant)
(date and time of intended cremation)
(state occupation of applicant)
(state site of intended cremation)
(state name and address of deceased)
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
* The expression “near relative” includes a widow or a widower, the parents or children
above the age of sixteen of the deceased and any other relative usually residing with
the deceased.
I have no knowledge or reason to suspect that the death of the deceased was due,
directly or indirectly, to violence, poison, privation or neglect, nor do I have knowledge
of any other reason for which a cremation should not be undertaken.
.............................................................................
Signature of Applicant
..............................................................................
Relation to Deceased
..............................................................................
Date and time of Application
..............................................................................
*(Witness to Signature)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 27
[Subsidiary]Cremation Regulations
FORM B
PERMIT TO CONSTRUCT FUNERAL PYRE AND TO CREMATE
HUMAN REMAINS
(To be issued by the authorised officer)
To: A. B. of ........................................................................................................................
WHEREAS application has been made for a permit to construct a funeral pyre and
to cremate the remains of .................................................................................................
...........................................................................................................................................
And whereas I am satisfied—
(a) that the requirements for the construction of a funeral pyre and the cremation
of human remains prescribed by the Cremation Act and these Regulations
have been complied with; and
(b) that the cause of death has been definitely ascertained, and there exists no
reason for any further inquiry or examination.
A permit for the cremation of the remains of the said ................................................
in accordance with the Regulations is hereby issued to the said A.B. This permit is
issued subject to the condition that the remains of the said ....................................
shall be cremated at ...........................................................................................................
on the .................. day of .............................. 20....... at ..........................................................
.......................................................
(state name and address of applicant)
*(state name, address and occupation of deceased)
(state name of deceased)
(state name of deceased)
(insert date and time of cremation)
Signature of authorised officer
(insert place of cremation)
NOTE—This permit should be signed in duplicate; one copy should be retained with certificates
and the other delivered to the applicant.
* In the case of a still-born child, in place of the name, address and occupation, insert a description
sufficient to identify the body, and in place of the words “that the cause of death has been definitely
ascertained” insert the words “that the child was still-born”.
[Regulations
6(3) and 26(3)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
FORM C
CERTIFICATE OF MEDICAL ATTENDANT
(To be given by a medical practitioner* who attended to the deceased during his last
illness and who can certify definitely as to the cause of death).
I am informed that application is about to be made for the cremation of the
remains of:—
(Name of Deceased) ............................................................................................
(Address) .............................................................................................................
(Occupation) ........................................................................................................
Having attended to the deceased before death, and having viewed the body after death,
I give the following answers to the questions set out below:—
1. On what date, and at what hour
did he or she die?
2. What was the place where the
deceased died? (Give address and
say whether own residence, lodging,
hotel, hospital, nursing home, etc.).
3. Are you a relative of the deceased?
If so, state the relationship.
4. Have you, so far as you are aware,
any pecuniary interest in the death
of the deceased?
5. Were you the ordinary medical
attendant of the deceased? If so, for
how long?
6. Did you attend the deceased during
his or her last illness? If so, for
how long?
7. When did you last see the deceased
alive? (Say how many days or hours
before death).
8. How soon after death did you view
the body and what examination of
it did you make?
* Where death occurred at a hospital, certificate is to be given by the medical officer who attended
the deceased.
...........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
[Regulations
8(1)(a) and
28(1)(a)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 29
[Subsidiary]Cremation Regulations
9. What was the cause of death?
Immediate cause .............................
Morbid conditions (if any)(giving)
rise to immediate cause (stated in
order proceeding backwards from
immediate cause).
Other morbid conditions (if)
important contributing to death but
not related to immediate cause.
10. What was the mode of death? (Say
whether syncope, coma, exhaustion,
convulsions, etc.).
What was its duration in days, hours
or minutes?
11. State how far the answers to the
last two questions are the result of
your own observations, or are
based on statements made by others.
If on statements made by others, say
by whom.
12. Did the deceased undergo any
operation during the final illness or
within a year before death? If so,
what was its nature, and who
performed it?
13. By whom was the deceased nursed
during his or her last illness? (Give
names and say whether professional
nurse, relative, etc. If the illness
was a long one, this question
should be answered with reference
to the period of four weeks before
the death).
14. Who were the persons (if any)
present at the moment of death?
Primary
Secondary
(a) ..............................................
due to
(b) ...............................................
(c) ..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
I hereby certify that the answers given above are true and accurate to the best of my
knowledge and belief, and that I know of no reasonable cause to suspect that the deceased
died a violent or an unnatural death or a sudden death or that the cause of death is
unknown or that he died in such place or circumstances as to require an inquest in
pursuance of any law.
Date:......................................
15. In view of the knowledge of the
deceased’s habits and constitution
do you feel any doubt whatever as
to the character of the disease or the
cause of death?
16. Have you any reason to suspect that
the death of the deceased was due
directly or indirectly to
(a) violence;
(b) poison;
(c) privation or neglect?
17. Have you any reason whatever to
suppose a further examination of the
body to be desirable?
18. Have you given the certificate
required for registration of death?
If not, who has?
.........................................................................
Signature of Medical Attendant
.............................................................................
.........................................................................
Address
.............................................................................
.........................................................................
Qualifications
NOTE:—This certificate must be handed or sent in a sealed envelope by the medical practitioner
or the medical officer who signed it to the medical officer who has to give the confirmatory
medical certificate set out as an Addendum to this Form.
...................................................
...................................................
...................................................
...................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 31
[Subsidiary]Cremation Regulations
ADDENDUM TO FORM C
CONFIRMATORY MEDICAL CERTIFICATE
“I .............................................................................. a medical officer attached to the
.................................................................... hereby certify as follows:
(a) that the above-named deceased was not attended to by me during his
last illness;
(b) that I viewed his body at ..................................................................................
on .......................................................................................................................
and
(c) that I am satisfied that the said deceased died as I am informed on the date
given above and to the best of my knowledge the cause of death was as
stated above.”
I further certify that the answers given above are true and accurate to the best of my
knowledge and belief, and that I know of no reasonable cause to suspect that the deceased
died either a violent or an unnatural death or a sudden death the cause of which is unknown
or died in such place or circumstances as to require an inquest in pursuance of any Act.
Date .................................................
...............................................................
...............................................................
Qualifications
...............................................................
Signature of Medical Officer
............................................................
............................................................
Address
(state place where attached)
(state place at and date on which body was viewed)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
32 Chap. 30:51 Cremation
[Subsidiary] Cremation Regulations
FORM D
CERTIFICATE OF DUE COMPLIANCE
(To be given by the Police Officer present at the Cremation)
I, ................................................................................ a Police Officer attached to the
............................................................................. hereby certify that I was present at the
cremation *in a crematorium established under the Cremation Regulations, *in/on a
funeral pyre of the remains of ...........................................................................................
and I further certify that the said cremation was duly and properly conducted under and
in accordance with the said Regulations.
Dated this ............................. day of .................................... 20.......
..............................................................
(state name of station)
(state name of deceased)
Police Officer
*Delete whichever is not applicable.
(Regualtion 12).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Cremation Chap. 30:51 33
[Subsidiary]Cremation Regulations
FORM E
CERTIFICATE AFTER POST-MORTEM EXAMINATION
(To be given by the Medical Officer requested by the authorised officer and approved
by the Chief Medical Officer)
I hereby certify that, acting on the request of .................................................
authorised officer of the .......................................................................division I made a
post-mortem examination of the remains of
The result of the examination is as follows:
I am satisfied that the cause of death was due to ..............................................................
that there is no reason for making any toxicological analysis or *for the holding of
an inquest.
(Date).............................................
(state name of division)
...................................................
(state name of deceased)
..............................................
(state address of deceased)
.................................................
(state occupation of deceased)
(state cause of death)
....................................................
Signature of Medical Officer
....................................................
Address
....................................................
Qualifications
*The words underlined should be omitted where a toxicological analysis has been made and its
result is stated in this certificate or in a certificate attached to it.
SECOND SCHEDULE
Northern Bank of the Godineau River.
Southern Bank of the Caroni River, East of the Princess Margaret Highway.
Northern Bank of the Caroni River at the end of the El Socorro Extension Road, San Juan.
Waterloo Bay, Carapichaima.
(state name of authorised officer)
[Regulations
8(1)(c) and
28(1)(c)].
[66/1977].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
34 Chap. 30:51 Cremation
[Subsidiary]
DELEGATION OF POWERS
made under regulation 37
THE PUBLIC is hereby notified that in accordance with
regulation 37 of the Cremation Regulations, the Minister of Local
Government has delegated his powers under regulation 11(1) of
the Cremation Regulations, to grant licences, authorising persons
to construct pyres on which human remains may be burned, to the
following persons:
*County Person delegated by the Minister
St. George … … … The Chief Executive Officer,
St. George County Council.
St. David-St.Andrew … The Chief Executive Officer,
St. David-St. Andrew
County Council.
Nariva-Mayaro … … The Chief Executive Officer,
Nariva-Mayaro
County Council.
Caroni … … … The Chief Executive Officer,
Caroni County Council.
Victoria … … … The Chief Executive Officer,
Victoria County Council.
St. Patrick … … … The Chief Executive Officer,
St. Patrick County Council.
Tobago … … … The Chief Executive Officer,
Tobago County Council.
23/1971.
*See Act No. 21 of 1990 dealing with Municipalities.
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