Transfer of Interment Rights
As per Ontario legislation, in order to authorize an interment at any cemetery, one must be the Interment Rights Holder of record. At Cataraqui Cemetery, our By-Laws reflect the Ontario legislation that we all must adhere to. Interment Rights are assigned to the individual that has purchased the right to inter within a selected site. Interment rights may also be legally transferred from one individual to another.
There are several misconceptions that can cause issues with some families.
The burial or interment site is never purchased. A common misconception among many families is that the interment “site” itself is purchased. To clarify, only the right to inter within a designated interment site is purchased. Cataraqui Cemetery retains full ownership of all the burial sites and any use of the designated site is conditionally leased to the purchaser. The Board of Trustees and the management team, as stewards of the Cemetery, are legally required to uphold all provincial laws and the Cemetery's rules & regulations with respect to the authorization of interments as well as care for the intermetn site. A Certificate of Interment Rights is issued at the time of original purchase or transfer. It is important to note that in Ontario, interment rights are assigned for perpetuity, unlike many European countries that only “lease” interment rights for a set term.
Only the Interment Rights Holder may request and authorize an interment. A second common misconception is that any family member or relative may authorize an interment in "Grandpa's" plot or "with Mom and Dad". Unfortunately, many are surprised at a time of immediate need to learn that they have been mistaken. Because interment rights are assigned for perpetuity, it is implied in Ontariop law that an interment rights holder retains ownership of their interment rights forever. Unless the Interment Rights Holder of record has made written arrangements for the future direction or the interment of named individuals or future generations, it is assumed that no other interments are permitted within the plot. A copy of the written authorization must be presented to the Cemetery. However, individuals that are able to support a claim of "inheriting" the plot may be able to transfer the interment rights to a living legal heir. Our Family Services Representatives are familiar with Ontario's legal requirements for a transfer of cemetery interment rights. If a family is unsure as to who the legal interment rights holder may be, they may reference the Certificate of Interment Rights bearing the Cemetery's official seal or by contacting our office.
Do not assume you can be interred. Often the Cemetery and families face surprising challenges in authorizing an interment when the Interment Rights Holder of record is not available to authorize any additional interments. It has become important for families to recognize that interment rights must be legally transferred to another living person so that future generations may continue to authorize interments with in “family” plots. Consequently, it is problematic when there is an at-need situation and the family has overlooked the requirement of having the permission of the Interment Rights Holder of record. Ontario law is clear that written authorization for an interment must be given by the Interment Rights Holder of record. Unless an the deceased Interment Rights Holder of record has initiated the request to transfer the interment rights by Last Will or other form of written request, families may find that they are obligated to meet their burden of providing supplementary documentation to complete a transfer. Families may be required to seek the services of a lawyer our the courts to resolve any issues. Families may find that their legal burden of determining who is the legal beneficiary of the Interment Rights Holders estate can be costly, lengthy and emotionally stressful. It is our role to assist families navigate, within the boundaries and requirements of Ontario legislation, the complexities of establishing a right to inter.
It is always best to speak to us first if you wish to initiate a transfer and acquire a family member's interment rights. Our Family Services Representatives can assist and explain what is required as per Ontario laws and The Cataraqui Cemetery's By-Laws for the transfer of interment rights. Each situation is as unique as each family.
Cemetery interment rights are an asset of your estate. Make sure they are included as part of your Last Will or written direction is left with the Cemetery.