Death: it’s a sensitive topic that many of us shy away from until we’re forced to make difficult end-of-life arrangements. In this blog post, prepare yourself for the future and discover some of the rights you have when it comes to cemetery and funeral services – for instance, did you know you can supply your own casket, as long as it meets certain requirements?
Determining who has rights of disposition
In BC, a hierarchy exists for the control of rights of disposition when someone passes away. For example, the law states that first rights go to the personal representative named in the will, next is the spouse and then to an adult child of the deceased (oldest first). For the full list, visit our blog post After-death care: who gets to decide? to learn more.
Who has the right to move of your loved one after death?
Before transferring a body, by law, a funeral home must have verbal or written authorization from the person who has the rights of disposition (see the paragraph above). You can also find out about private transfers on our blog pot – How to privately transfer your loved one following a death. We also have more information on private transfer including the application form on our website.
Spreading of ashes
By law, if you’ve stated in a will that you’d like your ashes spread in a certain location, that wish must be honoured (as long as your request is not unreasonable). Cremated remains can be scattered on private or public property, although permission should be granted by the landowner or the government body who oversees those lands.
Pricing disclosures
Funeral services providers operating in BC are required, by law, to display a current price list of all the offered services and products. This list must be accessible by the public and a copy must be provided to any consumer who asks for it.
Supplying your own casket or urn
Under BC’s cemetery and funeral services law, you have the right to supply your own casket for interment or cremation as long as it meets certain requirements (such as the ability to be closed, hold weight and be sufficiently sealed). Similarly, you also have the right to supply your own container to hold the cremated remains of your loved one.
There is more to learn about BC’s cemetery and funeral services industry, and your rights as a consumer. For more information, see our additional reading list below.
ADDITIONAL READING:
Have you had “the talk”? Steps to take & 5 tips about funeral services
Your preneed cemetery or funeral services contract rights
Steps to take following a death
How to privately transfer your loved one following a death
What are the legalities of being buried on private property? My ideal resting place would be on my families land, but I get the impression that there must be a law against it, as I never hear of anyone doing this.
Hi Shirley, In order to bury remains on private property, the land would need to become a licensed cemetery. If you have more questions, please visit the “Help for Business” section of our website andor feel free to call our Licensing department at 1-888-777-4393.
Hello my brother and I would like to get our mother’s ashes only thing is that her no good husband went and had her buried before we had a chance to say what we wanted. What can we do because in all honesty, I could really care less about any law either way we will be getting our mothers ashes from the cemetery she is buried in.
Hi Jim, thank you for your comment. Your situation sounds complicated and I’m not sure if we would be able to help you directly but you may want to contact the Lawyer Referral Service which is run by the Canadian Bar Association. You can have a consultation with a lawyer for up to 30 minutes for a fee of $25 plus taxes with them. They might be able to suggest you the next step. Here’s the link for the program information. I hope this information helps you and your brother moving forward.
Hey Jim jones, i could really use your advice and help. I am in a similar situation and need a direction to go. Can u help
Hi Candace, I’m not sure how Jim ended up resolving the situation but one thing you might want to do is to contact a lawyer about this. Access Pro Bono has a lawyer referral service and you can use their online booking platform to be connected to an expert lawyer who will provide up to a half-hour of free legal consultation. Here is the link to their website. I hope it’s helpful and you can resolve the issue quickly.
My parent prepaid their funeral expenses…or they thought they did they told us all we had to do was contact this certain place and everything was done…. except when our father passed away I had to go pic our the plot and order the head stone and put the notice in the paper…and pay an extra $3500….. this company basically did nothing that was agreed to except pic up my fathers body and have it cremated…..I would like to take my mothers arrangements somewhere else when she passes…but apparently it can’t be done…. What I am wondering is why can’t these people be made to do what they agreed to do on the contract…..any info would be a great help thanx…Hilda Lehto
Hi hilda, thank you for your question. It’s our understanding that a pre-need cemetery or funeral services contract may be cancelled at any time by the purchaser or by the personal representative of the deceased; however, you may lose up to 20% of the total cost of the contract. We do have more information on pre-need contract on our blog posts, here http://bit.ly/1WT8Ayw and here http://bit.ly/24krOze.
If you have any further questions, please feel free to contact us at our toll-free number, 1-888-564-9963.
they have told us the contract can not be stopped or changed cause the funds are in trust till they pass on…but mainly my question is “can these people be made to do what they were paid to do” as this firm only picked up body and had it cremated and for that they took $1200…..and we had to do everything else and pay another $3500…..it really left us feeling like my parents were taken advantage of badly…by this funeral home…for instance they charged my father $150. for a news paper advert…then told me I had to do it myself and pay for it….and it came to $275.00…they charged for the plot and then we were told we needed more money for that and more money for head stone etc etc
Hi Hilda, Can you call us at our toll-free number, 1-888-564-9963? We would like to get more details from you so we can assist you better. Thank you, Hilda.
when I die ,I wish to be cremated, I live in bc.
I wish my ashes be sent to be interned in my wifes grave in ontario.
if I pay for the cremation before I die,Will the funeral home charge me for sending my ashes to the cemetry where my wife is.
or will I have to arrange other means.
thank you.
jim.
Hi Jim, thank you for posting this question. We have a blog post that covers the topic of mailing cremated remains, the link to the post is here – http://bit.ly/27wrArt. I’m not certain if a funeral home would mail cremated remains or not, you may want to ask them directly. Your wish may have to be specified in your will, however Consumer Protection BC does not have any authority over this topic so you may want to check all of the details with a lawyer. I hope this information helps.
36 years ago my first baby died shortly after birth. My husband and I were in shock and in a hospital away from our home. Since then I have been suffering ptsd from this event. With my psychiatrist’s support I have tried several times, many different ways, to find out how the hospital “disposed” of my baby’s body. I have birth and death registrations and an autopsy report. I’ve been through the proper channels with the hospital (who thinks my file got lost) as well as with the coroner’s office. Is there anything else I can do to find out?
Oh Elizabeth, I am so very sorry for your loss. It sounds like you’ve gone through all the proper channels, and the only other thing that comes to mind is seeking legal advice. I’m so sorry I don’t have a better answer for you, Elizabeth.
A simple cremation of my mom is costing us about $2500. Is there any way we can reduce these costs? Are we forced to pay, for e.g. the meeting with the funeral director $350. registration $375. “sheltering’ the body $375. Cardboard box instead of an urn for ashes $150. it goes on and on. thanks.
Hi Catherine, thank you for your questions and I’m sorry about the loss of your mother. The laws that we oversee only speak to the disclosure of pricing. If your region has multiple funeral homes to choose from you may want to consider looking around for a better price. I’m sorry I can’t be more helpful to you.
My mother recently passed away and I am the executor of her estate. She was cremated according to her wishes and she had a preeneed contract with a funeral home in Burnaby for internment and a headstone, as she is to be added to my grandparents plot ( along with my Dads ashes).
I live in Alberta and was planning to travel out to BC with the remains for a graveside service in May.
Yesterday I phoned the funeral home to arrange internment and ended up having an argument and hanging up on them. The funeral home is insisting that they have a policy that I must come in on a weekday one month to one week BEFORE the planned internment to “ visually identify the plot” and sign papers. This would be a great financial hardship for me to do so and I feel there is no reason for this. I think it is likely a scam to try and do a sales presentation to get me to purchase other items outside of the preeneed contract.
Is there a law in BC that states this? I have read the Funeral Act in BC and I can find nothing that states this must be done in advance.
Hi Thea, thanks for reaching out to us here. I can’t say for sure if our laws cover that or not, as it may be a bylaw they’re following. Either way, we would like you to call us so we can get more info from you and determine whether or not this is allowed, or you can submit a complaint online here: https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/ or you can give us a call at 1.888.564.9963. Thank you!
Do I need a casket for a cremation? Where can I get the specific requirements for providing my own casket.
Hi Kelly, thanks for your question. If you would prefer not to provide your own container, funeral providers can provide them for you. However, if you would prefer to provide your own, you are allowed to, by law. Funeral providers must not refuse to accept or handle a container that you supply to them (as long as it meets the requirements). These containers do not necessarily have to be a “casket”, however, they must:
– Be strong enough to contain and move the remains
– Prevent the remains from posing a health hazard
– Be capable of being closed so the public cannot see the remains
– Be constructed so that it does not leak
– Be combustible and rigid
Containers used during cremations must also not contain: plastic, fiberglass, foam/styrofoam, rubber, polyvinyl chloride, or zinc. For more detailed information, I would check out the actual regulations that have more specifics: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/298_2004#section9
If you have any questions or would like more information, you can give us a call at 1.888.564.9963. I hope this is helpful and best of luck!
Is there a legal length of time in BC whereby a cemetery must keep family plots for sole use of that family? We find that the last remaining plots that were purchased possibly in the early 1900’s have been resold by the cemetery and used by another family. Shocking to say the least!
Hi Margaret, thanks for your question. I think we may need some more information from you. Generally speaking, the right of interment for a funeral plot should be yours forever. Please give us a call at 1.888.564.9963 or you can submit your complaint online here https://www.consumerprotectionbc.ca/consumer-help/start-a-complaint/. Looking forward to hearing from you! Thanks!
Thank you, Amanda. We are very busy making arrangements etc. right now, but we will certainly keep in touch in about a month.
Rights can be reclaimed as per section 25 (1) of CIFSA Regulations. A cemetery can reclaim any right of interment provided it meets the criteria set out in the legislation. The Cemetery is obligated to honour the right if the rights holder did present, themselves, or use of the right was required for the interment of the holder. The Cemetery would have to deal with the person who has the right to authorize the disposition per section 5 (1) of the Act. This means the cemetery must provide a right of equal value to the rights holder, or for the burial of the rights holder. If the cemetery did reclaim vacant lots in your family plot, they likely met the criteria, as the reclamation must be approved by Consumer Protection BC.
In regards to “cremations” and the ashes…. can one use their own container (I.e. Rubbermaid plastic or a cardboard box). .?
Hi Donna, thanks for your question. Once the remains are cremated you can store or place them in any container you would like to. I hope this is helpful and best of luck!
Hello Consumer Protection BC,
I’m writing from Surrey, BC. I’ve been trying to find any regulatory information about Memorial Walls, the kind with plaques and ashes behind them. My cemetery manager has rejected my plans for installing some permanent imitation flowers on some loved ones plaques. Any tips on double checking my rights in line with any legislation?
Thanks in advance,
David G.
Hi David, thanks for reaching out to us here. It sounds like this may be something that falls within the bylaws of the cemetery. Cemeteries and and crematoriums are allowed to set their own bylaws when it comes to the operation and management of the land. If you’re unsuccessful in finding out the specific bylaws directly from the manager, you may be able to contact your local municipality to confirm the bylaws that explicitly lay out non-permitted materials at the place of interment. While we licence and regulate funeral homes, crematoriums, & cemeteries we do not have any oversight on the specific bylaws of each location. I hope this helps and best of luck!
Thanks so much Amanda, I’m super excited about embellishing the plaques. I’ll inquire about the bylaws for non-permitted materials at the place of internment. There is a compromise installation we have permission for, but I might press a bit more if there is no bylaw so-to-speak, wish me luck!
Hi David, thanks for your reply. You’re welcome! Best of luck and please don’t hesistate to reach out to us if you have more questions. Thanks!
What is the consumer protection charge by the funeral home for. Does it protect the deceased against something?
Hi Beth, great question! We licence and regulate the funeral providers and cemeteries/crematoriums in BC (along with five other industries). Our licensing revenue goes towards regulating that sector and ensuring they are following the law. For example, (as you may have read in this blog post) we enforce the laws around pricing disclosures, your right to supply your own casket or urn, and your cancellation rights for preneed services. Additionally, we have inspectors who visit the businesses and check that the facilities are meeting certain standards & ensure the respectful handling of human remains. We also are here to help if consumers run into any issues. For more info about what the laws cover, check out this page here. I hope this offers some context about how we fit into the equation. Thanks for your question, Beth!
My sons body was cremated and sent to a different province where he was recently berried on another grave site. As his father and the individual who the body was to be mailed to, I have been completely betrayed by the the company doing the cremation. These actions denied me and many of my children to opportunity to grieve. How is this legal. How do these people feel that can just do what they want.
Hi Glen, we’re so sorry to hear about your loss. I’m not sure if the crematorium was located in BC or not but it would be helpful if we have more information. Please submit an online complaint form to us so we may be able to look into your situation. Here’s the link to our complaint form. Thank you.
Hi. My common law spouse died intestate. Due to misinformation, I was not considered his spouse. With this, I hired a lawyer to help me prove my relationship. While doing this, I contacted the funeral home and told them who I was and that they would be hearing from my lawyer. Three days later, after a weekend, the funeral home cremated my spouse; 2 days after that was when they received the letter from my lawyer. All I wanted was to have an item placed with my partner to be cremated with…nothing more. I was denied this opportunity by the funeral home not adhering to the phone call I had made stating I was the spouse. Is there anything I can do about this?
Hi Denise, thanks for reaching out to us here. While I’m not positive this is something that our legislation covers, why don’t you give our inquiry centre a call and we can try our best to point you in the right direction? Our phone number here is 1.888.564.9963 – I think it would be good to get some more info from you so we have a better sense of the situation. Thanks!
Hi, my parents prepaid for their cremation and burial over 40 years ago, and when my mom passed away in 1983 and her ashes were buried in a memorial garden. Later my grandmother and sister-in-law were buried in the same area. About 2012 we were informed that their particular area was going to be redeveloped and we would need to arrange for them to be moved to another area, or if left where they were their names would be put on a wall, or book, or niche. My dad did not want this, he wanted to be separate, and so we were told he would need to purchase a boulder or some other ornamental headstone, but it would be moved 200 m or so from where my mother has always been. It cost him 20,000 for a Boulder and after much discussion we were told my mother’s ashes could remain basically where they were.
Are they allowed to move or dig up ashes, especially when the ashes are not in an urn, but buried loose 14” down.
In 2019 they still haven’t redeveloped, and I have been holding on to my father’s ashes since 2014. Thank you.
Hi Teri, thank you for submitting your question here and we are so sorry that there was a delay in getting back to you. We do have a bit of information about the right of interment on our website here but you may want call us or submit a complaint form online as your case seems complicated and we would like more information. Our contact information is on this page and if you would like to submit a complaint, please follow the prompt under Email and click on the “Start a complaint” link. Thank you.
Hi Teri, here is the email for you to reach our Business Practices team who can help you find an answer to your questions: businesspractices@consumerprotectionbc.ca. Thanks again!
Hi, My mom’s ashes were buried in 2005 in a remote little ghost towns cemetery in BC, with the promise that her sisters were going to visit and look after the grave site. They have since all moved away, and no one takes care of it. I would, but I am an eleven hour drive from there. What would I have to do to have her moved to my local cemetery in Alberta, or at least some of her so I can have at least part of her home..
Hi Courtney, thanks for reaching out to us here. If you would like to have your mother’s ashes moved to a new cemetery, I would suggest reaching out to the new cemetery to arrange the transfer. They typically will work with the old cemetery to arrange everything. What you will need to do is fill out a disinterment request form and send it to our office. Here’s the information on how to do that: https://www.consumerprotectionbc.ca/get-keep-licence/places-of-interment/disinterment-requests/ . I hope this helps and best of luck!
How long can a funeral home delay Or not registration a body? My father has already been at the funeral home for over 2 months. The executor does not wish to register. My family have waited over seven months for registration and to finally be able to grieve. We have contacted vital statistics, a lawyer and the funeral director himself so far no one is able to give me a timeline ( does one exist?) nor insure that the funeral director will do his job? How can we make sure quality insurance has been met?
Hi Sarah, thank you for reaching out to us here. Please give us a call or email (1.888.564.9963 or info@consumerprotectionbc.ca) so we can further assist you on this topic.
My mom has requested that to her ashes be buried with my father who is buried in Burnaby they told us that they can’t do it that we’d have to buy a separate plot that would be about a hundred yards from his plot can I have his his ashes moved to a different cemetery so they both can be buried together
Hi Jeff, thanks for reaching out to us here. If you would like to move cremated remains to another cemetery, you have the right to do so. If you have another cemetery in mind, you can contact them and ask them to help you coordinate the transfer. Please let me know if you run into any issues. Best of luck!
My friend who manages a couple of cemeteries tells me people will simply spread a box of ashes on the grave of a predeceased spouse. They just rake the ashes well into the sod. One can always tell when the spinning blades of a lawnmower hits it … they just get spread a little further.
My friend’s adult daughter passed away and the daughter was cremated. Now her ex husband of 5 years wants to bury the ashes but the my friend wants to keep the ashes in her home. Has there been any ruling on this previously?
Can you give us an advice as to the next step?
Hi Anna – first of all, sorry for your loss. While we regulate the funeral providers, crematorium and cemeteries in BC, we are not able to offer any legal advice. Having said that, the law in BC mentions the right of a person to control the disposition of cremated remains. Here is the link to that part of the law. Your friend can also contact Access Pro Bono and see if she qualifies for free legal advice. Here is a link to that.
The casket was sitting on top of an open grave when we arrived when we arrived.
As soon as I walked over to the casket I could see the damage on the corner took a video and walked around it and I could see flaws in the stain on the casket.
This was a replacement casket as funeral home called me days before the funeral and said they could not get the casket in that was ordered due to weather so she sent me two pictures and I chose lighter casket.
The funeral is offering me the price of the caskets.
I’m not happy about that offer and think that they should write the whole funeral off for their negligence.
I was asked what did I want to do by the funeral director that I never met before she was an assistant sent over because the funeral director I had met at the funeral home was on holidays.
I told her what can I do I said this I have two contracts here one with the city to open the grave and close the grave and one with you for the funeral casket and delivery and the casket is already sitting on the open grave we have to proceed with the funeral what else is there to do.
Funeral home feels that I gave them to go ahead and that there’s nothing more that they owe me except for their offering pay for the casket.
I think the only much more I think there is mental anguish involved.
What are my rights in Canada and British Columbia regarding this matter.
Hi Bryan, thanks for leaving us a comment here. Can you please submit a formal complaint form on our website? We would like to get a bit more details from you. Here is the link to the complaint assistant form. Thank you.
Regarding burials; can a casket legally be buried in BC? I was told that caskets don’t decompose so burying an actual casket is illegal in some places?
Hi Daniel, thank you for this interesting question. In BC, there are no restrictions on the interment of caskets and containers and the common practice is to bury the deceased in a casket. It’s also our understanding that in some cases, the remains are buried without a casket for religious reasons. I hope this information is helpful to you.
my mom was buried in the neighbours yard 12 years ago.
since that time the property has sold once and is in the process of selling again
the person who did this was the oldest child
is there anything i can do to change this
Hi Todd, thank you for getting in contact with us. Do you know if your family went through the process of establishing a private cemetery? We have written a blog post about this in the past – here is the link. If your family is thinking of disinterring or exhuming her body, you can read more about that on our website here. If you have any further questions, please feel free to contact us.