Parliament Act no. 13 of 6 June 2016 on the registration of births and deaths, funerals and cemeteries

Modified repeals, hovedlov replaces information

Aside
Landsting Regulation no. 6 of 17 October 1990 on cemeteries

Chapter 1
Notification of births and deaths
§ 1. Births and deaths that take place in Greenland or on board ships or aircraft, whose first arrival point then is a Greenlandic port or airport must be notified to the parish registers leading priest after the order church book keeping rules.
§ 2. Notification of birth must be made by health service immediately after birth if the birth happened with the health care system involvement.
PCS. 2. Is the birth occurred outside the health care involvement, the notification within 14 days of birth made by it or those who have custody of the child.
PCS. 3. Where no notification requirements of paragraph. 2, which is able to make the notification, the notification no later than 14 days after birth carried out by persons present over 18 that belong to the mother's household or with whom the residence.

PCS. 4. Is birth happened on board a ship or an aircraft, the ship or aircraft or his deputy to make the notification immediately upon arrival to the first Greenlandic port or airport if none of the paragraph. 1-3 above are present or able to make the notification.
§ 3. Notification of death must be made by health service immediately after finding the death.
§ 4. The Greenland Government may lay down rules on the registration of births and deaths, including the formalities and documentation requirements.

Chapter 2
Burial and cremation
§ 5. Lig be either buried or cremated.
§ 6. Burial must take place in cemeteries or other approved burial sites according to the rules in Chapter 3.
§ 7. Cremation will be in crematoria, which, according to Greenland Parliament Act on the Protection of the environment is authorized in. However, § 37 paragraph. 3, or in crematories outside Greenland, approved by the country's relevant authorities.
PCS. 2. The ash must be reduced by the urn or scattered according to the rules in Chapter 3. Urns containing ashes can until the reduction or spread only stored in præstegældet referred. However paragraph. 3.
PCS. 3. The Government may, after formal consultations with the bishop lay down rules on temporary storage of the urn somewhere other than in præstegældet until reduction of the urn or scattering of ashes.
§ 8. Request for the making of burial or cremation submitted to the burial authority.
PCS. 2. The application may be made by the spouse of the deceased and otherwise the deceased's children over 18 years of age or of deceased parents or other relatives in that order. A marriage-like cohabitation of at least 1 year, certified by residence certificate equated to marriage.

PCS. 3. The Government shall provide for further rules on the request for the performance of funeral or cremation, including about who can make the request, and how the request should be made.
§ 9. The parish registers leading pastor of the place of death is burial authority.

PCS. 2. Burial shall decide on the basis of the submitted request and subject to the rules in §§ 10 and 11, for burial or cremation is to take place and whether a priest should participate in the burial plot (church funeral), or this must take place without the involvement of a priest (civil funeral).
PCS. 3. Burial authority shall within decision under subsection. 2 ensure that there is a signed death certificate concerning the deceased.
PCS. 4. Opposition to a funeral authority's decision must be made for burial authority not later than one day after the decision is taken. Taking the objection is dismissed, shall submit to the burial authority issue to court.
§ 10. In order to determine whether a body should be buried or cremated, the wishes of the deceased made, granted, see. However, § 37 paragraph. 3.
PCS. 2. Where there is no indication from the deceased with the question of burial or cremation, the desire effect from the person making the request for burial or cremation, followed.
§ 11. If the deceased was at his death a member of Kalaallit Nunaanni Ilagiit or a religious community outside Kalaallit Nunaanni Ilagiit, this is considered as an expression of a desire for church funeral, unless the contrary is proved.

§ 12. Burial or cremation may not be made before the decision on the in § 9 paragraph. 2 mentioned circumstances.
PCS. 2. The Government may lay down rules on deviation from subsection. 1 when special circumstances.

Chapter 3
The right to funeral urn reduction and ash spread
§ 13. Anyone who live permanently or temporarily staying in Greenland, has the right to be buried or urn reduced it to the place of residence or stay associated cemetery.

PCS. 2. The bishop can in exceptional cases allow the deceased to be buried or urnenedsættes at another cemetery than its cut. 1 above, if the deceased or the deceased's relatives have expressed such a wish.
PCS. 3. The bishop can see. However paragraph. 4, allow persons with special attachment to Greenland, which at the time of death was domiciled outside of Greenland, buried or urnenedsættes one of Kalaallit Nunaanni Ilagiits cemeteries. Special attachment occurs, for example, if the person:

1) previously lived in Greenland,

2) have close relatives who live in Greenland, or

3) parents, spouse or children who are buried in a cemetery in Greenland.

PCS. 4. The bishop should, before making a decision in accordance with paragraph. 3 cases mentioned refer the deceased's wishes for municipal and ministerial representation to the opinion.
§ 14. No one can be buried or urnenedsættes outside Kalaallit Nunaanni Ilagiits cemeteries, see. However paragraph. 2.
PCS. 2. Individuals who dies during capture, expedition travel, etc. may be buried on site. The grave must be guaranteed the best possible way and be as clear as possible be marked as a burial ground by placing the cross or the like.
PCS. 3. The bishop can in exceptional cases allow people who live outside the ordinary urban and settlement division are buried or urnenedsættes on site.
§ 15. In all cemeteries can urns containing the ashes of corpses reduced by the pastor or catechist detailed instructions in each case.
PCS. 2. The bishop may in special cases permit to be taken regarding the ashes of another decorous manner, including permission to spread the urn ash over the territory of Greenland, cf.. However paragraph. 3.
PCS. 3. The Government may, after formal consultations with the bishop lay down rules on how that can be taken regarding the ashes of another decorous manner, including on the conditions for granting authorization to the spread of urn ash over the territory of Greenland and of any formal requirements for permit applications.

Chapter 4
Creating cemeteries
§ 16. The municipal council shall ensure that there is adequate burial for the inhabitants of cemeteries.

PCS. 2. The municipal council is responsible for, and bear the costs of constructing, operating, maintaining and dismantle cemeteries, see. However, § 19

PCS. 3. The bishop may decide on the construction, maintenance and decommissioning of any special Greenland cemeteries outside of Greenland, which fully or partially funded or administered by the bishop.
PCS. 4. Other cemeteries can be created only with permission from the Greenland Government.
§ 17. The municipal council shall obtain the opinion of ward representation, the parish registers leading pastor of the place and the bishop of issues relating to cemeteries.
§ 18. Cemeteries belong Kalaallit Nunaanni Ilagiit.
§ 19. Ward Representation is responsible for and manages the daily maintenance and management of cemeteries.
PCS. 2. The cost of the daily maintenance and management of the cemeteries held by Kalaallit Nunaanni Ilagiit.
§ 20. A burial will normally be assigned without regard to the deceased belonging to religious or other circumstances.
PCS. 2. An individual may not reserve one or more cemeteries. The bishop, however, in exceptional cases allow a graveyard reserved next to a deceased family member, if space is available.

PCS. 3. The bishop must, before taking a decision as regards paragraph. 2, 2nd sentence. second case, refer the deceased's wishes for municipal opinion.
§ 21. In any cemetery there must be one of the bishop issued regulations involving rules of order in the cemetery and its use, one of the bishop authorized graveyard minutes, see. § 22, and a map of the cemetery.
§ 22. Ward Representation For each cemetery lead a cemetery Protocol.

PCS. 2. Cemetery protocol should include information about all burials made in the cemetery stating funeral time, the deceased's full name, occupation, birth and death and the grave number. Cemetery protocol should also be included in the in the cemetery registered gravminder, see. § 29
PCS. 3. The Government may lay down rules cemetery contents of the protocol and administrative conduct.
§ 23. The Government shall, after consultation with local councils and the recommendation of the bishop rules on the cemetery fence, interior design, planting, maintenance and expansion.
§ 24. Public road or footpath shall not be built over the cemetery.

Chapter 5
Cemeteries in uninhabited places
§ 25. Cemeteries in uninhabited places are under the supervision of the dean. This ensures that the cemetery area is clearly marked as a cemetery, and the cemetery order provision is posted in a conspicuous place.
§ 26. The bishop may, on request, authorize the burials and urn reductions in cemeteries in uninhabited places. Permission is usually given only to the needs of the deceased's wishes, and only if other circumstances warrant.

Chapter 6
Winding up of graves and cemeteries
§ 27. Every tomb should be conditioned for untouched for at least 50 years (closed season).

PCS. 2. The bishop may, on the recommendation of ward representation, set a higher close season.
PCS. 3. A tomb can be opened in cases where authorized by law or if the bishop in exceptional cases gives permission.
PCS. 4. If a grave disbanded after the expiry close season, the ligrester dug up and placed in a common grave.
§ 28. The bishop, after consulting the ward representation and local council decide that a cemetery can no longer be used for burial.
PCS. 2. At the end of the close season may bishop may authorize that a cemetery or a cemetery area closed down or transferred to another use.

PCS. 3. The decision of a cemetery or a kirkegårdsareals abandonment or change of use shall be published.

PCS. 4. Before the appeal deadline, or before the Government has dealt with complaints received, can not be undertaken any work in connection with the cemetery or kirkegårdsarealets abandonment or reassignment.

PCS. 5. At a cemetery or a kirkegårdsareals reassignment must ligrester dug up and immersed in a common grave at the then-used cemetery.

Chapter 7
Registering gravminder
§ 29 grave monuments that preserve the memory of meritorious persons or otherwise of artistic, historical or other reasons is deemed particularly worthy of preservation shall be recorded.
§ 30. Registration of grave memorials on Kalaallit Nunaanni Ilagiits cemeteries carried out by ward representation after obtaining an opinion thereon from the Greenland National Museum.
§ 31. Registered gravminder must not be removed from the cemetery.

PCS. 2. The bishop may in special cases permit that registered gravminder placed elsewhere than at the cemetery.
§ 32. Deregistration of grave memorials on the Kalaallit Nunaanni Ilagiits cemeteries carried out by ward representation after obtaining an opinion thereon from the Greenland National Museum.
§ 33. The Greenland Government may lay down rules on registration and deregistration.

Chapter 8
Complaints, inspections and sanctions
§ 34. The bishop's decisions can be appealed to the Government of Greenland within 4 weeks after the decision is taken, see. However paragraph. 2.
PCS. 2. The bishop's decisions in accordance with § 28 para. 1 and 2, within a period of 3 months from the publication of the decision appealed to the Government of Greenland.
§ 35. The bishop oversees compliance with the rules of the Act and regulations issued on the basis of the law.
§ 36. There may be fined for violation of §§ 1-3, §§ 5-6, § 7, paragraph. 1-2, § 12 paragraph. 1, § 26 and § 27 paragraph. 1 and 2.

PCS. 2. Where the Greenland Parliament Act or regulations issued in pursuance of the Act provides for the imposition of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.
PCS. 3. In regulations issued pursuant to this Act may prescribe penalties in the form of fines for violation of the regulation.

Chapter 9
Commencement Repeal and Transition
§ 37. The Greenland Parliament Act shall enter into force on 1 January 2017.

PCS. 2. At the same time county Regulation no. 6 of 17 October 1990 on cemeteries.

PCS. 3. The provisions of cremation takes with regard to cremation in Greenland does not apply as long as there is not established any crematoria in Greenland, which according to the Environmental Protection Act so authorized.

Greenland, June 6, 2016

Kim Kielsen