Legal Considerations For Cremation In Canada

By: Alterna Cremation
Thursday, August 22, 2024


When dealing with the death of a loved one, it can be difficult to remember things like legal documentation. But keeping affairs in order is of the utmost importance, as these documents and instructions for funeral proceedings are the guiding force behind how funeral services are conducted.

 

It is absolutely key to ensure that all the necessary legal steps are taken for both burials and cremations. If you’re considering a cremation service, we at Alterna Cremation advise that you take some time to understand all the legal requirements for cremation service in Manitoba.

 

What Are The Legal Requirements For Cremation To Take Place In Canada?

The cremation process has many steps to it, and sometimes, dealing with these steps while grieving can be challenging. Below are the fundamental steps to follow during the cremation process:

 

The Funeral Home Receiving The Deceased

Once you have selected your funeral service provider, it will need to receive the deceased. The deceased’s family will likely need to fill in a personal details form and must provide the deceased’s ID document to the funeral director. Funeral directors require these forms and identification proof to allow for the preparation of the Proof of Death Certificate.

The Funeral Home Verifying The Deceased’s Identification

Your funeral home must follow strict legal guidelines and rules to ensure that the deceased’s ID has been verified and that an associated ID tag is produced. This tag must remain on the body throughout the cremation process and stay with the ashes after cremation, ensuring cremated remains are tracked and given to the correct family.

Obtaining & Signing Additional Documents Before Cremation

Before the cremation happens, the family and funeral home must ensure the following documents are issued or signed (in addition to the documents already mentioned above):

 

Burial Permit: At Alterna Cremation, we will obtain a burial permit to be issued before the cremation takes place.

 

Cremation Authorization Form: The legal next-of-kin or the deceased’s executor must sign this document. If there is more than one immediate legal next of kin (for example, two or more siblings may all be equal next of kin to one parent), they must all sign the authorization form.

 

Contract of Cremation Services: At Alterna Cremation, we will provide you with a contract for cremation that outlines all services performed with their associated costs.

 

Legalities Around Scattering Ashes In Manitoba

Each province or territory in Canada has its own rulings for scattering cremated ashes. In Manitoba, human remains that were properly cremated may be scattered on unoccupied provincial government-owned Crown land or water (including provincial parks) without consent from the government. It is advised that no ashes are scattered near any drinking water or water used for recreational activities like swimming.

 

What To Do If You’re Unsure About Legalities Around Cremation

At Alterna Cremation, we believe in guiding clients and being fully transparent about cremation services. If you are in doubt about Canadian burial laws, our team will be happy to walk you through our Winnipeg cremation services process today.

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