Making the Funeral Arrangements
Legally, the person named in the will as the executor of the person’s estate has the responsibility for dealing with the body and arranging the funeral. If there is no executor, then the next-of-kin is responsible.
If you wish to know who within the family has priority as next-of-kin, after the executor or spouse, there is a list in the Cremation, Interment and Funeral Services Act. See the "Helpful Information" section.
The will may have instructions about the disposition of the body. The law says if there are written wishes, you should follow them unless the wishes are unreasonable, impossible to follow, or would cause hardship.
You may choose to hold a service or memorial in a manner and in a place that reflects the lifestyle and personality of your deceased family member.
There will be many details to finalize about the funeral or memorial service. You may wish to use the online information provided by the Funeral Service Association of BC.
By law, a deceased person must be buried or cremated. The body must be placed in a rigid container or casket that is sufficient to hold and transport the body and to prevent a health hazard. The casket or container could be homemade; it does not have to be provided by a funeral home.
There is no law that states a specific time-frame for burial. The timeline is usually determined by the need to secure all permits and authorizations, notify family and friends, prepare the cemetery site, and observe religious and cultural rituals.
Cremation
Because cremation is an irreversible process and eliminates any ability to determine cause of death, 48 hours must elapse after the time of death before cremation may take place.
The cremated remains are returned to the executor or person who has the legal authority to control the disposition of the cremated remains. As long as the cremated remains are treated with respect, the law does not limit what you can do with them. You can scatter the remains, keep them at home, take them overseas, put them in a garden on private property, or inter them in a cemetery.
If permitted by municipal bylaws, the remains can be scattered on land, sea, or air or in any place that has personal meaning. The Funeral Service Association of BC has information about cremation on their website in the section on "Burial or Cremation."
Funeral and cemetery costs
In British Columbia, funerals and cemeteries are regulated under two laws. The Business Practices and Consumer Protection Act governs the nature of the contractual relationship between you and the funeral home and burial/cremation service. The Cremation, Interment and Funeral Services Act deals with specific aspects of cremation, as well as funeral and cemetery services.
All funeral providers and cemetery operators must be licensed with Consumer Protection BC, which is responsible for the administration and enforcement of legislation concerning cemeteries, crematoriums, and funeral providers.
The funeral home will pick up the body, prepare the body for burial or cremation, and provide a casket or container to transport the body. They may also provide a range of optional services, from placing the obituary notice in the newspaper to arranging catering for the reception.
Prices for funeral services vary widely. All funeral providers must display a current price list of the services and products they offer. If you ask for prices over the phone, they must provide them to you.
When you meet with the funeral home staff to make the arrangements, make sure you know what you are purchasing and consider whether it really is what you want. While some services provided will be basic legal requirements, other services are optional, such as embalming.
Some funeral homes have a compassionate policy when a child has died. The funeral home will have expenses related to the funeral, such as fees for the cemetery or cremation, death certificates, and clergy. Some funeral homes require you to pay for those items prior to the funeral service. If you pay the funeral home directly, you must wait until after the estate is settled to receive reimbursement.
If you ask the funeral home for an invoice, you can take it to the bank; they will pay the funeral home directly from your deceased family member’s account. The bank may wish to see a copy of the death certificate and the will, if there is one.
If the family member served in the Canadian Armed Forces and had absolutely no assets, you may be able to get help with funeral expenses from the Last Post Fund. This national non-profit organization provides grants to the spouse or family of a deceased veteran toward funeral and burial or cremation costs when the estate cannot afford to pay. Veterans include war veterans, merchant mariners, and qualified civilians.
The price for the funeral service does not include sale of a cemetery lot (that is, a grave, crypt, or niche), or sale of a memorial marker (a headstone, tombstone, monument, or plaque). You must arrange for these separately. The funeral home can assist you.
The prices of cemetery lots and memorial markers vary widely. Before purchasing a marker, make sure it meets the requirements of the cemetery you have selected. Most memorial dealers can tell you the requirements for local cemeteries.
What if I need more information or have a complaint?
If you need more information or have a complaint about a cemetery, crematorium, or funeral home, you may wish to contact one of the following:
Both non-profit groups have extensive information and can provide assistance with problem solving.
If you have a complaint and cannot resolve the problem, send your complaint in writing to Consumer Protection BC. They have the authority to investigate.
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2012. |
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 A Death in Your Family © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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