National Parks Cemetery Regulations (SOR/83-677)

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18 [Repealed, SOR/96-477, s. 5]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.

Authorization

• 20 (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]

21 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

• 22 (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.

• 23 (1) Where any person constructs, erects or places any monument or tablet in a cemetery in a manner that fails to comply with section 19, 20 or 22, the superintendent may order the person, by notice in writing mailed to him at his last known address, to remove the monument or tablet.

• (2) Where the monument or tablet referred to in subsection (1) has not been removed within 30 days from the date of receipt of the notice referred to in that subsection, the superintendent may remove it.

• (3) Where the whereabouts of the person referred to in subsection (1) is unknown, the superintendent may, after taking reasonable steps to notify the person, remove the monument or tablet referred to in that subsection.

Exhumations

• 24 (1) No person shall exhume human remains or ashes from a cemetery without the written authorization of the superintendent.

• (2) An application for the exhumation of human remains or ashes from a cemetery shall be made in writing to the superintendent and shall be accompanied by the applicable fee and any authorization for exhumation that is required by the laws of the province in which the cemetery is located.

• (3) Where the superintendent receives an application that complies with the requirements of subsection (2) for the exhumation of human remains or ashes from a grave, he shall give written authorization to the applicant for that exhumation.

General Prohibitions

• 25 (1) No person shall place in a cemetery

  • (a) any stand, holder, vase or other receptacle for flowers or plants, or

  • (b) any ornament

  that is in a state of disrepair or is no longer suitable for the purpose for which it is intended to be used.

• (2) The superintendent may remove from a cemetery any article referred to in subsection (1) and, if he does so, shall notify the holder of the certificate of the grave in respect of which the article was placed in the cemetery.

26 No person shall take an animal into a cemetery.

27 No person shall drive a vehicle over any area in a cemetery other than a driveway unless authorized by the superintendent.

28 No person shall cover a grave with a slab of cement, crushed rock or other similar material.