National Parks Cemetery Regulations (SOR/83-677)

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

  •  (1) Where a certificate is issued on or after the date of the coming into force of these Regulations and

    • (a) in the case of a certificate that has not been renewed, no burial takes place in the grave before the expiration of a period of 10 years from the date of issue of the certificate, or

    • (b) in the case of a certificate that has been renewed in accordance with subsection 8(2), no burial takes place in the grave and a new application is not received before the expiration of the renewal period,

    the certificate becomes void on the day following the expiration of the initial period of 10 years or the renewal period, as the case may be, and the interest in that grave of any person named in the certificate is thereby terminated without compensation.

  • (2) Where a certificate was issued before the date of the coming into force of these Regulations and no burial takes place in the grave before the expiration of a period of 49 years from the date of issue of the certificate, the certificate becomes void on the day following the expiration of that period and the interest of any person in that grave is thereby terminated without compensation.

  • (3) The holder of a certificate issued pursuant to subsection 8(1) that has expired and may no longer be renewed may reacquire an interest in the grave for which the certificate was issued by submitting a new application therefor in accordance with section 7.

Disposition of Plots and Graves

 No person, other than the superintendent, shall exchange, assign or subdivide any plot or grave.

  • SOR/90-32, s. 5;
  • SOR/92-675, s. 2(E).

Burials

  •  (1) No person shall bury or cause to be buried any human remains or ashes in a grave unless

    • (a) he complies with the laws of the province in which the cemetery is located respecting cremation and the burial of human remains or ashes;

    • (b) he applies to the superintendent for authorization to bury the human remains or ashes; and

    • (c) the superintendent has authorized in writing the burial of the human remains or ashes and the opening of a grave therefor.

  • (2) Notwithstanding paragraph (1)(b), where the human remains or ashes are those of a person whose identity is unknown or who is an indigent, no application to the superintendent for the authorization referred to in paragraph (b) is required.

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

 An application referred to in paragraph 11(1)(b) shall be

  • (a) endorsed by the applicant on his own behalf or on behalf of the estate of the person whose remains or ashes are to be buried; and

  • (b) accompanied by the applicable fee and the authorization for burial or cremation that is required by the laws of the province in which the cemetery is located.

  • SOR/85-576, s. 1;
  • SOR/96-477, s. 3.

 The superintendent shall, on receipt of an application referred to in section 12, authorize in writing the burial of human remains or ashes in a grave and the opening of the grave for that purpose where

  • (a) the applicant is the holder of a certificate for that grave; or

  • (b) the person whose remains or ashes are to be buried was, at the time of his death, the holder of a certificate for that grave.

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

 The superintendent shall, on receipt of any authorization for burial or cremation required by the laws of the province in which the cemetery is located, authorize in writing the opening of a grave and burial of human remains or ashes where

  • (a) there is an available grave; and

  • (b) the person whose remains or ashes are to be buried is an indigent or his identity is unknown.

  • SOR/90-32, s. 9(F);
  • SOR/92-675, s. 2(E);
  • SOR/96-477, s. 4.

 No person shall bury or cause to be buried

  • (a) the ashes of a person in a grave that is less than 1 m below the surface of the ground surrounding the grave;

  • (b) the remains of a child one week old or less in a grave that is less than 1 m below the surface of the ground surrounding the grave; and

  • (c) any other human remains in a grave that is less than 2 m below the surface of the ground surrounding the grave.

 No person shall bury in one grave more than one person’s remains or ashes, except where

  • (a) the remains of a mother and her child one week old or less are buried at the same time;

  • (b) the ashes of not more than three persons are buried; or

  • (c) the remains of one person and the ashes of not more than two persons are buried.

  • SOR/92-675, s. 1.
  •  (1) [Revoked, SOR/85-576, s. 2]

  • (2) Burial of ashes shall not be permitted during the period commencing on November 1 in any year and ending on April 30 in the following year.

  • SOR/85-576, s. 2.

 [Repealed, SOR/96-477, s. 5]

Planting, Construction and other Work

  •  (1) No person shall, in a cemetery, plant any trees, shrubs, hedges, flowers, grass or other vegetation or construct, erect or place any foundation, fence, railing, curbing, monument, vault, mausoleum, tablet or other structure or do any other construction or any alteration work

    • (a) without written authorization from the superintendent to do so;

    • (b) on a Sunday or other holiday;

    • (c) between the hours of eight o’clock in the evening and eight o’clock in the morning; or

    • (d) within 30 m of any grave in which a burial is taking place.

  • (2) Paragraph (1)(a) does not apply to any person who, with the permission of the superintendent, does work in a cemetery that is necessary for the routine operation, maintenance, administration or use of the cemetery.

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

Authorization

  •  (1) Where the superintendent receives an application from the holder of a certificate for authorization to construct, erect or place a foundation, monument or tablet on the grave to which the certificate relates and the superintendent is satisfied that, based on the plans and specifications submitted to him with the application, the proposed foundation, monument or tablet complies with the requirements of section 22, he shall give written authorization to the holder of the certificate to do so.

  • (2) Where the planting of vegetation or the construction, erection or placing of a structure or any other construction or any alteration work is necessary for the operation, maintenance, administration or use of a cemetery, the superintendent may give written authorization to any person to do so.

  • (3) [Repealed, SOR/2010-23, s. 9]

  • SOR/90-32, s. 9(F);
  • SOR/92-675, s. 2(E);
  • SOR/2010-23, s. 9.

 An application referred to in subsection 20(1) shall be accompanied by

  • (a) detailed plans and specifications; and

  • (b) a plan of the grave showing the location of the proposed foundation, monument or tablet.

Foundations, Monuments and Tablets

  •  (1) A monument or tablet authorized to be constructed, erected or placed pursuant to subsection 20(1) shall be confined within the limits of the grave in respect of which it is constructed, erected or placed and shall, where possible, be aligned with other monuments or tablets on adjoining graves.

  • (2) A monument or tablet shall be placed on a concrete foundation not less than 10 cm thick and not less than 10 cm wider or 10 cm longer than the base of the monument or tablet it supports.

  • (3) The foundation of a tablet shall be so placed that the top of the tablet is level with the surrounding ground.

  • (4) The area of a tablet shall not exceed

    • (a) in respect of a grave in which human remains are buried, .20 m2; or

    • (b) in respect of a grave in which ashes are buried, .10 m2.

  • (5) A monument shall not exceed 1 m in height above the level of the surrounding ground and shall be of such other dimensions and design as not to be, in the opinion of the superintendent, offensive to the majority of people visiting the cemetery.

  • (6) No person shall place an inscription on any marker, monument or tablet without the written approval of the superintendent.

  • (7) The superintendent shall not give his written approval for an inscription referred to in subsection (6) if, in his opinion, the inscription would be offensive to the majority of the people visiting the cemetery.

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