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Frequently Asked Questions

Legal Authority and Choosing a Provider

Who has the legal authority to make decisions?
  • Authority falls to the executor named in the will or a court-appointed administrator.
  • If no executor or court appointed administrator exists, the legal next of kin has authority.
  • In general, the order to determine next of kin is as follows: legal spouse → adult children → other immediate family -> extended relatives
How do I choose a Provider?
  • Ask for recommendations, but still compare.
  • Talk to more than one Provider and confirm they can meet your needs.
  • Request a price list and a written estimate so you can compare.

Service Choices

What are some funeral or memorial service options?
  • You can choose a funeral, memorial, or graveside service.
  • Services can be private or public.
  • Options also include visitation/viewing, a procession, or other respectful cultural/traditional rituals.
Is a casket required and what are the options?
  • You can buy, rent, or provide your own casket.
  • A Provider may refuse a casket if it’s unsafe, inappropriate, or doesn’t meet cemetery/crematorium requirements
  • Some caskets aren’t suitable for cremation; price lists should indicate this, and you can ask for written confirmation.
What is embalming, and is it required?
  • Embalming is a process in which chemicals are used to temporarily preserve, restore, and disinfect the body for the purpose of a viewing, visitation, or funeral service.
  • In Ontario, embalming is not required by law, but a Provider may recommend it depending on timing (e.g., time between death and visitation/disposition).
  • Embalming is performed by professionals licensed under the BAO (Bereavement Authority of Ontario)

Burial, Cremation, and Scattering

8) What can be done with cremated remains, and what are the scattering rules?
  • Remains are placed in a box/urn with a metal ID tag; you can supply your own urn.
  • A Provider can store remains up to one year (may require a deposit). If claimed within a year, the deposit is refunded; after one year, the Provider may use the deposit to inter the remains in common grounds.
  • Scattering options include: cemetery scattering rights, private property with written landowner consent, unoccupied Crown land/water (if not prohibited by signage), and some municipal lands (check local by-laws). Only a Provider can charge to scatter remains as a paid service.

Contracts and Prepaying

How do I cancel if needed?
  • Cancellation: you can cancel in writing so long as the supplies/services have not yet been provided and that the supplies were not customized (ie. engraved urn).
Do I have to pay in advance—and how is prepaid money protected?
  • You don’t have to prepay; you can pre-arrange without prepaying. If you do prepay, you’ll sign a contract and typically fund it via trust
  • Protection includes: prepaid funds with a licensed funeral establishment/transfer service are protected by a compensation fund in certain rare failure scenarios; trust funds must use safe investments and you can ask at least once per year where/how funds are invested and your balance