Frequently Asked Questions About Interment Rights

Interment rights can sometimes be confusing, especially when families are working with older family plots or historical records. This section explains the basics of interment rights, how they are recorded, and what steps may be required when ownership or authorization needs to be confirmed.

Understanding interment rights helps families avoid delays, misunderstandings, and legal complications during times when  emotions are high and timely decisions may be required.

If you have questions about interment rights, transfers, or documentation requirements, cemetery staff are available to provide guidance and explain available options.

Understanding Interment Rights

What are interment rights?

Interment rights are the legal right to direct the interment or removal of human remains within a specific space such as a grave, niche, crypt, garden, or tree memorial location. These rights also include the ability to direct permitted memorialization within that assigned space, in accordance with cemetery by-laws.

Interment rights do not represent ownership of land. Instead, they provide the right to use a designated space within the cemetery.

What is an Interment Rights Holder?

An Interment Rights Holder is the person or persons who hold the legal authority to direct interments and memorialization within a specific lot, plot, niche, or crypt.

The Interment Rights Holder is identified:

• On the cemetery-issued Certificate of Interment Rights
• Within the Cemetery’s official Registry of Interment Rights Holders
• Through registered cemetery records

Only the registered Interment Rights Holder has authority to provide instructions related to the assigned space.

Why is it important to be the Interment Rights Holder?

Without the written consent of the Interment Rights Holder of record, there is very little that a cemetery operator or family can legally do within the assigned space.

Provincial regulations require cemetery operators to receive authorization from the Interment Rights Holder before performing most actions, including interments and installation of memorials.

This requirement protects families, preserves legal rights, and ensures that instructions regarding burial spaces are followed correctly.

Ownership and Legal Authority

Does purchasing interment rights mean owning the land?

No. Under Ontario law, the land within a cemetery always remains under the ownership of the Cemetery Operator.

What the Cemetery offers for purchase is the right to direct interments and memorialization within an assigned space. This right is known as interment rights.

All activity within that space is governed by:

• The Funeral, Burial and Cremation Services Act, 2002
• Provincial regulations associated with the Act
• The Cemetery’s by-laws

How do I know who the Interment Rights Holder is for a family plot?

The Interment Rights Holder is named on the Certificate of Interment Rights issued by the cemetery and recorded in the cemetery’s official records.

Note: If you have possession of an original Certificate of Interment Rights, please be aware that simply holding the certificate does not grant interment rights to the holder.  A transfer of interment rights must be endorsed in writing by the Interment Rights Holder of cemetery record ( named on the certificate), and the transfer of the ownership of the interment rights must be registered with the cemetery. Interment rights are considered transferred only after:

• the cemetery  is notified of  the change in ownership;
  
• the cemetery receives and reviews supporting written endorsement of the change;
  
• the cemetery registers the transfer; and 
  
• the cemetery  issues a new certificate in the name of the new Interment Rights Holder.

If you are unsure who the registered Interment Rights Holder maybe, cemetery staff can assist in reviewing available records - specifically the cemetery operator's official register of interment rights holders .

When the Interment Rights Holder Has Passed Away

Can the lot still be used if the Interment Rights Holder has died?

Possibly — but only after proper authorization or transfer of rights has been completed.

If the Interment Rights Holder has passed away and did not leave written authorization for future interments or burials, families generally have two options:

• Register a transfer of the interment rights; or
• Purchase new interment rights if transfer is not possible

The cemetery is bound to provincial regulations  that only recognize instruction or authorization from the registered Interment Rights Holder or from individuals legally authorized to act on their behalf.

Do interment rights automatically transfer to a spouse, child, or grandchild?

No. Interment rights do not automatically transfer to surviving family members.

When an Interment Rights Holder dies, the interment rights become part of the person’s estate and remain in the name of the deceased Interment Rights Holder until a legal transfer is completed. A transfer may occur through a legally recognized mechanism such as a gift, sale, or bequest. Documentation must be provided to demonstrate legal authority or endorsement before the cemetery can register a transfer of rights.

Until a transfer is registered, the rights remain in the name of the original Interment Rights Holder of record.

What if the Interment Rights Holder did not leave a probated will?

If the Interment Rights Holder died intestate (without a will), families may be required to complete additional legal steps before the interment rights can be transferred.

This may include:

• Conducting a diligent search for a will
• Providing legal documentation supporting entitlement
• Consulting legal counsel when required

In some situations, interment rights may not be transferable if sufficient documentation cannot be provided.

Families are encouraged to speak with cemetery staff to review available options and requirements.

Multiple Owners and Transfers

What happens if there are multiple Interment Rights Holders?

When interment rights are held jointly by more than one person, each registered holder may have authority related to the assigned space, subject to cemetery by-laws.

If disagreements arise between co-holders, the cemetery may suspend activity within the space until written agreement is received or legal direction is provided.

This helps protect the interests of all rights holders and prevents  contestable or unauthorized decisions.

Can interment rights be transferred or sold?

Yes. Provincial regulations and cemetery by-laws  allow  that Interment rights may be transferred to another person, by gift, by sale, orby bequest.  

All transfers must be in accordance with provincial endorsement regulations and registered with the cemetery before the new holder gains legal authority to direct interments or memorialization.

Cemetery staff can explain the documentation required to complete a transfer.

What if the original Interment Rights Certificate has been lost?

If the original certificate cannot be located, the cemetery may still be able to assist with confirming ownership using cemetery records.

Additional documentation may be required before a transfer or authorization can be completed.

Families should contact cemetery staff to review available records and determine next steps.

What if several generations have passed and no written evidence of a transfer by gift, sale, or bequest can be found?

In situations where several generations and time have both passed, and written documentation cannot be located, the transfer of interment rights may still be possible, but additional steps are usually required.

Families may be asked to provide supporting documentation to demonstrate their legal relationship to the original Interment Rights Holder. This may include:

• Copies of death certificates
• Family records or genealogical information
• Estate-related documentation
• Signed declarations from surviving family members

Each situation is reviewed individually to determine whether sufficient evidence exists to support a transfer of interment rights.

In some cases, legal assistance may be required. Cemetery staff can explain the documentation typically required and help families understand the steps involved, but cemetery staff cannot provide legal advice.

If sufficient documentation cannot be provided, the interment rights often remain in the name of the original holder, and the space may not be available for future use until proper authorization is established. 

Are there situations where the cemetery may allow use of a space without a formal transfer of interment rights?

In rare circumstances, the cemetery may consider requests for relief where formal transfer documentation cannot be established. Each situation is reviewed individually based on available records, applicable regulations, and cemetery policies.

Wherever possible, families are encouraged to complete a proper transfer of interment rights, as this remains the most reliable way to ensure future access and avoid delays.

Families who believe they may be affected by this type of situation are encouraged to contact cemetery staff to discuss their specific circumstances.

To Learn More

To learn more about interment rights, transfers, cemetery procedures, or provincial regulations on the matter, families are encouraged to contact our staff for assistance.

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