There are various Canadian laws surrounding funerals, cremation and scattering of remains. Each varies slightly from one area to the next. Today, we’re going to focus on Ontario by-laws you may want to consider, particularly when you’re arranging a service for a loved one or pre-planning one for yourself.

With help from Ontario’s mother site and other resources, here are a few things you need to keep in mind.

On who can make arrangements:

“Only certain people have the legal authority to decide what will happen to the body of the deceased person. In order of priority, they are:”

• an estate trustee, sometimes referred to as executor or executrix (the person named in the deceased person’s will or the person appointed by the court to administer the estate)
• spouse
• adult children
• parents of the deceased

If you an estate trustee, provide a photo ID as well as proof of authority before handling arrangements.

On choosing your funeral service provider:

“By law, cemetery, crematorium, funeral home and transfer service operators must be licenced.”

It is important to only work with legally-operating and professional funeral homes and directors. This doesn’t mean that all the items that you will need for the service (caskets, urns, markers, etc.) should be purchased from the licensed provider. You can also tap into third party sellers. Furthermore, it is best to check the rules and regulations of the funeral service provider you are going to work with.

On opting out of choosing a funeral service provider:

According to the government of Ontario: “You do not have to use a funeral home or transfer service. A family member of the deceased can arrange funeral services without a license if they are not being paid.”

Working with a funeral service provider isn’t your only option. Many families today opt to personally plan the service and work everything out themselves. This has become a more cost-effective option.

“You must first register the death with the local municipality. The death must be registered before a burial permit can be issued and a burial permit is needed for a cremation or burial. If you are going to move a body out of Ontario, you should speak to a funeral home or transfer service,” the Law states.

On embalming a body:

Embalming is a component of traditional burial services. By law, you are not required to embalm a body for a service However, according to the government, “embalming may be recommended to preserve a body between the time of death and time of visitation, burial or cremation.”

If you are transporting the remains of the deceased, embalming may be required by the receiving country or the airline you’ll be using to transport the body. It’s best to consult with your funeral home or a director for professional advice.

On handling cremated remains:

The Law states that in Ontario, you can:

• buy rights to bury or scatter the cremated remains in a registered cemetery
• buy rights to place the cremated remains in a niche within a columbarium in a registered cemetery. (A columbarium is an above-ground structure that contains a number of niches. Placing the cremated remains in a niche is an interment, meaning a burial)
• scatter cremated remains on private property with the consent of the land owner (if a land owner wants to allow repeated scatterings to take place on a specific piece of his or her property, he or she must establish that land as a cemetery and have a licensed cemetery operator for the cemetery)
• sign a contract with the licensed operator of a cemetery, crematorium, funeral home or transfer service to scatter the cremated remains on your behalf
• scatter cremated remains on Crown land, including land covered by water, if its unoccupied (e.g., provincial park, conservation reserve, Great Lakes) and there are no signs or postings that prohibit scattering
• scatter cremated remains on municipally-owned lands (contact the municipality to check if there are by-laws that prohibit scattering in certain areas such as municipal parks)
• transport cremated remains out of Ontario

On caskets:

On choosing which casket to use, cemetery and crematorium by-laws vary from one company to the next. The government site reads: “For cremation, some crematorium by-laws only require that the deceased be in a rigid container. Some service providers will allow you to provide your own container for a cremation or a burial as long as it’s safe and meets the requirements of the cemetery or crematorium operator,” it says. “If you are purchasing a casket from a licensed service provider, the provider must offer a range of caskets in different price ranges for you to choose from.”

Do keep in mind that not all caskets can be used for cremations. Find out which kinds are most appropriate before making a purchase.