Who Has Legal Rights to Cremated Remains Canada
If the next of kin or estate cannot pay, final arrangements are at the discretion of the host country. This may include burial in a mass grave or donation of the remains to an educational institution. `cremated remains` means fragments of human bone left after the cremation of human remains; 4 Subject to the regulations, no person shall dispose of human remains at any place in British Columbia unless, (c) if the remains are those of a person who, at the time of death, was known to have had an infectious or contagious disease or another disease dangerous to public health; The operator notifies a medical officer of health in the health region in writing and receives his permission. in which the cemetery or mausoleum is located. Otherwise, custody and responsibility of the body passes to the next of kin, usually to a spouse or executor. Let`s take a look at who gets custody of the remains of a deceased person. There are various Canadian laws regarding burials, cremation and scattering of remains. Each varies slightly from region to region. Today, we`re going to focus on Ontario laws you may want to consider, especially if you`re arranging a service for a loved one or planning a service for yourself. (i) the deceased whose remains were provided, or (d) the dispute that is the subject of the request involves family hostility or a capricious change of mind regarding the disposal of the human or cremated remains. According to the provincial government of Nova Scotia, ash scattering rules are similar to those in the rest of Canada. The government`s website offers NovaScotia.ca this advice: “There are no legal restrictions on the family to scatter ashes in a chosen location, such as a body of water or in the wild.
The scattering of ashes on land is subject to property laws – check local or municipal ordinances. It is best to avoid scattering ash near waterways used for drinking water. (2) The recipient of human remains made available for therapeutic purposes or medical, educational or scientific research in accordance with the Human Tissue Donation Act shall arrange for the burial or cremation of such mortal remains. (a) a person who transfers or accompanies human or cremated remains to a “crematorium” means a building or part of a building used for the purpose of cremating human remains, including equipment and other materials incidental or incidental for that purpose; (b) used or intended to be used for the burial of human remains or cremated under a right of burial; 2. No person shall separate or remove human remains or parts of human remains from the place where they are buried unless the excavation or removal is carried out in accordance with: Those who have not yet treated the cremated remains, may be surprised by their consistency and quantity. Ash is not a fine powder, as many might expect. They are often coarse and can even look like pebbles, with the potential to mix small bone fragments. The legal issue arises because there are times when the person working with the funeral home is, for example, an adult son or daughter acting on behalf of his or her remaining living parent, who is older and related to a nursing home or hospital bed.
If this person has different ideas than the spouse about what to do with the body, disagreements and conflicts may arise. (4) A person who claims that he should be granted the exclusive right to control the disposal of human or cremated remains may apply to the Supreme Court for an order on that right. (w) respect for the sale of funeral rights and the recovery of funeral rights already sold at a burial site; 2. Subject to the provisions of this Part, the operator of a cemetery or mausoleum shall not exhume or remove human remains from the cemetery or mausoleum until: Similarly, prior to 2019, the dispersal of remains in water was prohibited in Banff and Jasper national parks in Alberta. In addition, a permit was required to scatter ash in rivers and lakes in forest and wilderness areas such as Kananaskis and Fish Creek. These restrictions have since been lifted. Please note that this information does not constitute legal advice and is intended solely for your general understanding of issues related to the handling and disposal of human remains. Laws vary by country, state, and even county.
If you have any legal questions, please contact a lawyer or lawyer. (2) Subject to section 8 [Conditions for authorization prior to burial or disposition], subsection 1 of this section and the regulations, the operator of a crematorium shall, as soon as practicable, cremate human remains for which he or she is responsible. (3) The operator of a cemetery, mausoleum or crematorium may dispose of human remains only if “only certain persons have the legal authority to decide what to do with the body of the deceased. In order of priority, they are: Section 53 (1) If a Director grants authorization under section 52 (1) [permit to change the use of burial site], the applicant shall ensure that the excavation and removal of cremated remains is carried out in accordance with the conditions of the permit granted. To be transported abroad, the remains of the deceased must be accompanied by a copy of the death certificate indicating the cause of death. Depending on the country of origin and destination of the remains, additional documents may be required.