National Parks Cemetery Regulations (SOR/83-677)

Short Title

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

Interpretation

2 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Jasper Park Cemetery[Repealed, SOR/2010-23, s. 7]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park[Repealed, SOR/96-477, s. 1]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]

Application

3 These Regulations apply to Field Cemetery and Waterton Cemetery.

Reserved Areas

4 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.

Cemetery Records

5 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.

Use of Plot

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

Certificates

7 An application for a certificate shall be

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

• (b) accompanied by the applicable fee.

• 8 (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.

• 9 (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

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

Burials

• 11 (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.

12 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.

13 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.

14 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.

15 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.

16 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.

• 17 (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.

18 [Repealed, SOR/96-477, s. 5]

Planting, Construction and other Work

• 19 (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.