National Parks Cemetery Regulations (SOR/83-677)

Regulations are current to 2017-10-13 and last amended on 2010-02-02. Previous Versions

National Parks Cemetery Regulations

SOR/83-677

CANADA NATIONAL PARKS ACT

Registration 1983-08-24

Regulations Respecting the Control and Management of Cemeteries in the National Parks of Canada

P.C. 1983-2584 1983-08-24

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 7(1) of the National Parks Act, is pleased hereby to revoke the National Parks Cemetery Regulations, C.R.C., c. 1117, and to make the annexed Regulations respecting the control and management of cemeteries in the National Parks of Canada, in substitution therefor.

Short Title

 These Regulations may be cited as the National Parks Cemetery Regulations.

Interpretation

 In these Regulations,

ashes

ashes means cremated human remains; (cendres)

available

available, in respect of a grave, means that a certificate has not been issued with respect to that grave; (disponible)

Banff Cemetery

Banff Cemetery[Revoked, SOR/90-235]

Cape Breton Highlands Cemetery

Cape Breton Highlands Cemetery[Revoked, SOR/90-32, s. 1]

Cavendish Cemetery

Cavendish Cemetery[Revoked, SOR/90-32, s. 1]

cemetery

cemetery means a cemetery to which these Regulations apply; (cimetière)

certificate

certificate means a certificate issued pursuant to section 8; (certificat)

Field Cemetery

Field Cemetery means that part of Yoho National Park so designated and shown on a plan of survey of record in the Canada Lands Surveys Records of the Department of Energy, Mines and Resources, Ottawa, as number 20590; (cimetière de Field)

grave

grave means an excavation in a cemetery plot for the burial of human remains or ashes; (tombe)

holder of a certificate

holder of a certificate means a person to whom a certificate is issued and, where that person is deceased, means the estate of that person; (titulaire d’un certificat)

immediate next of kin

immediate next of kin[Revoked, SOR/90-32, s. 1(E)]

indigent

indigent means a person who

  • (a) before his death was a permanent resident of one or more parks for a period of at least 25 years in the aggregate and at some time lived in the park where the burial is to take place, or

  • (b) at the time of his death was a permanent resident of the park where the burial is to take place and whose financial means are not sufficient to cover the fees for burial; (personne indigente)

Jasper Park Cemetery

Jasper Park Cemetery[Repealed, SOR/2010-23, s. 7]

marker

marker means a memorial of metal, stone or other similar material placed at the level of the surrounding ground at the foot of a grave; (dalle tombale)

monument

monument means a memorial of stone, marble or other similar material placed above the level of the surrounding ground at the head of a grave or plot; (monument)

Mountain View Cemetery

Mountain View Cemetery[Revoked, SOR/90-235]

next of kin

next of kin means the spouse and children of a deceased person; (plus proche parent)

park

park[Repealed, SOR/96-477, s. 1]

perpetual care

perpetual care means the preservation, improvement, embellishment and maintenance in perpetuity of a grave in a cemetery; (entretien permanent)

plot

plot means a numbered lot shown on the plan of survey of a cemetery, containing one or more graves; (terrain)

Superintendent

Superintendent[Revoked, SOR/90-32, s. 1]

tablet

tablet means a memorial of metal, stone or other similar material placed at the level of the surrounding ground at the head of a grave; (plaque)

Waterton Cemetery

Waterton Cemetery means that part of Waterton Lakes National Park so designated and shown on a plan of survey of record in the Canada Lands Surveys Records of the Department of Energy, Mines and Resources, Ottawa, as number 42297. (cimetière de Waterton)

Waterton Park Cemetery

Waterton Park Cemetery[Revoked, SOR/90-32, s. 1]

  • SOR/90-32, s. 1;
  • SOR/90-235;
  • SOR/96-477, s. 1;
  • SOR/2010-23, s. 7.

Application

 These Regulations apply to Field Cemetery and Waterton Cemetery.

  • SOR/90-32, s. 2;
  • SOR/90-235;
  • SOR/2010-23, s. 8.

Reserved Areas

 The superintendent may divide a cemetery into areas and may reserve

  • (a) an area for the burial of the remains of persons not more than one year of age;

  • (b) an area for the burial of ashes; and

  • (c) an area for the burial of the remains of persons who at anytime served with or were attached to the naval, army or air forces of Her Majesty or a power allied or associated with Her Majesty.

  • SOR/90-32, s. 9(F);
  • SOR/92-675, s. 2(E).

Cemetery Records

 The superintendent shall maintain a register for a cemetery in which shall be entered,

  • (a) in respect of each grave in the cemetery for which a certificate has been issued, the name and address of the person to whom the certificate was issued, the date of issue of the certificate and the amount paid therefor, the number of the certificate and such other particulars as the superintendent considers necessary; and

  • (b) in respect of each person whose remains or ashes are buried in a grave in the cemetery,

    • (i) his name, address prior to death, nationality, religion, age and sex,

    • (ii) the name and address of the next of kin of the person or the nearest relative of the person,

    • (iii) the date and cause of death,

    • (iv) the name of the attending physician,

    • (v) the date of burial, and

    • (vi) such other particulars as the superintendent considers necessary.

  • SOR/90-32, ss. 3, 9(F);
  • SOR/92-675, s. 2(E).

Use of Plot

 No person shall use a plot or grave for any purpose other than for the burial of human remains or ashes.

Certificates

 An application for a certificate shall be

  • (a) in Form A set out in Schedule II; and

  • (b) accompanied by the applicable fee.

  • SOR/96-477, s. 2.
  •  (1) Where the superintendent receives an application that complies with the requirements of section 7 for a certificate for a grave and

    • (a) the applicant is applying for the certificate in respect of the burial of the remains or ashes of a person who

      • (i) before his death was a permanent resident of one or more parks for a period of at least 25 years in the aggregate and at sometime lived in the park where the burial is to take place, or

      • (ii) at the time of his death was a permanent resident of the park where the burial is to take place,

    • (b) the applicant is applying for a certificate in respect of the burial of the remains or ashes of a person who is a next of kin of a person for whose remains or ashes a certificate has been issued under paragraph (a), and the person in respect of whose burial the application is made

      • (i) lived in one or more parks for a period of at least 25 years in the aggregate, or

      • (ii) was, at the time of the death of the person described in paragraph (a), a permanent resident of the park where the burial is to take place,

    • (c) [Revoked, SOR/90-32, s. 4]

    the superintendent shall, if there are any available graves in the cemetery, select such a grave and issue a certificate to the applicant in respect of that grave in Form B set out in Schedule II.

  • (2) A certificate issued pursuant to subsection (1) is valid for 10 years and may be renewed once by the certificate holder at no additional charge for an additional period of 10 years.

  • SOR/90-32, ss. 4, 9(F);
  • SOR/92-675, s. 2(E).
 
Date modified: