Obligations of the Owner of a Cemetery

Obligations of the Owner of a Cemetery

The Cemeteries Act and/or Regulations outline the following obligations:

• Requires approval by the registrar for the sale, transfer, establishment , expansion or relocation of cemeteries, mausoleums and columbaria (section 48, regulation 3-9);
• Requires owners to maintain cemeteries in a manner that ensures public safety (section 53),
• Requires owners to maintain cemeteries in a manner that is compatible with community standards (section 53);
• Requires an owner to construct and maintain appropriate and necessary sewers and drains in and about the cemetery for the purpose of draining the cemetery and keeping it dry (regulation 43);
• Requires recordkeeping (section 45, regulations 18, 19, 23 – 27);
• Prohibits unfair practices by a seller of cemetery goods or services (section 16);
• Allows the purchaser of a pre-need interment service to cancel within 10 days (see schedule attached within the regulations);
• Requires the owner to allow for the installation of a memorial purchased from someone other than the cemetery owner and to be installed for the same installation price if done by the cemetery owner (section 57, regulation 35);
• Prohibits any offensive matter from the cemetery to be brought to or flow into any river, spring, well, stream, canal, reservoir, aqueduct or pond (regulation 44);
• Regulates the disposing of human remains including location of such disposal and the minimum depth of the interment (section 61, regulations 25, 31 – 33, 38);
• Regulates the disinterment of a body (regulation 36);
• Regulates cemetery closure and abandonment (section 55, regulation 45, 46);
• Prohibits disturbing or interfering with the transportation of human remains or an interment service (section 62);
• Prohibits destruction, mutilation etc. of any building, structure, other enhancement, etc. without the owners’ consent (section 62);
• Prohibits certain sales practices, such as solicitations in nursing homes and hospitals, solicitations that appear to be harassment and false representations that goods or services are required by law when they are not and requires adopt a do not call listing if sales are by telephone (section 59, regulation 30);
• Provides for the recovery of unused cemetery plots (section 52).