My dad wants to be buried at our family cottage. Is that possible?—Alfie Maurice, Kawartha Lakes, Ont.
Yes. But if the family wants to follow the law (and you do, right?), you’ll need to apply to the Bereavement Authority of Ontario and have the property, or part of it, designated as an official cemetery. “An Ontario land surveyor has to come in and define the location of the cemetery, even if it’s just 15-by-15 feet,” says Michael D’Mello, the deputy registrar with the BAO. “We need to know exactly where that person is going to be buried.” (This applies to a cottage in Ontario. If your cottage was in a different province, the regulations would be different.)
Okay. Seems straightforward. Except, if you turn your cottage property into a cemetery, “you become a cemetery operator,” says D’Mello. That’ll involve some regular paperwork; you’ll have to file an annual report with the BAO. “Basically, you need to tell us how many burials have happened over the year and that your contact information is still correct,” he says. Again, seems straightforward enough. But even though it’s a minor hassle, “a lot of people don’t want to do it,” says D’Mello.
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The real problem comes down the road. What if you want to sell the cottage? Because once the ownership is transferred, the new owners become cemetery operators too. That could be a major con for some buyers. A solution would be to split the property into two lots, with the cemetery separate from the rest of the land. You’d remain the cemetery operator, and therefore, be on the hook to maintain it. Any monuments should remain “secure and stable,” says D’Mello, and you’d need to take care of the lot. All cemeteries are meant to be places of respect. As such, “the level of maintenance must meet the standards of respect that the community would expect.” If you don’t maintain the cemetery, you could face a fine of up to $50,000 from the Ontario Court of Justice (or imprisonment for up to two years less a day).
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The BAO doesn’t actively discourage people from turning their property into a cemetery, says D’Mello. “But we don’t really encourage it either.” Scattering ashes is a much less complicated way to lay someone to rest at the cottage. To scatter ashes on private property, you need the landowner’s permission; since it’s your family property, you’d obviously already have that.
Before you make any decisions, contact the BAO (thebao.ca) and ask to speak to a licensing agent.
Got a question for Cottage Q&A? Send it to answers@cottagelife.com.
This article was originally published in the June/July 2024 issue of Cottage Life.
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