pribate land burial canada

Is Burial on Private Land Legal in Canada?

Private Land Burial in Canada: A Comprehensive Guide by Province

Burial on private land is an option that appeals to many Canadians, especially those looking for more personal or family-centered burial experiences. However, the regulations governing private land burials in Canada vary by province, and there are specific legal, environmental, and zoning considerations to keep in mind. Here’s an in-depth look at what you need to know about private land burials in each Canadian province.

For the US, see this post.


General Requirements for Private Land Burials in Canada

  • Zoning and Land Use: Most provinces require that the land must be zoned specifically for cemetery use. You’ll likely need to apply to your municipality or regional district to change the land’s designation, which can involve a long approval process.
  • Registration of the Burial Site: In many cases, the burial site needs to be registered with the provincial government to ensure it is documented for future reference, particularly if the land is sold.
  • Environmental and Health Concerns: Burial sites must be a certain distance from water sources such as rivers, lakes, or wells to prevent contamination. Additionally, there are typically minimum depth requirements for burial to avoid health risks.
  • Permits: In most provinces, you’ll need to obtain permits from either the local health authority or municipal government before proceeding with the burial.

Provincial Regulations for Private Land Burials

  • British Columbia: Private land burials are legal, but the land must be designated as a cemetery under the Cemetery and Funeral Services Act. You’ll need a land-use zoning permit and may be subject to environmental reviews to protect local water sources.
  • Alberta: Alberta allows private burials only if the land is formally registered as a cemetery. Zoning and health regulations must be followed, and approval from local authorities is required.
  • Saskatchewan: It is legal to be buried on private land, but the site must be approved and designated as a cemetery. Local authorities enforce specific health and environmental standards.
  • Manitoba: Burials on private land are allowed with the proper zoning and environmental approvals. You will need to ensure the land is formally designated for cemetery use.
  • Ontario: Private land burials are generally prohibited in Ontario unless the property is approved as a cemetery by zoning regulations. The process is complex, and there are strict environmental and public health guidelines to follow.
  • Quebec: Quebec allows burials on private land, provided you obtain the necessary zoning approvals. Burial sites must comply with health and environmental laws, and local approval is necessary.
  • New Brunswick: Private land burials are allowed as long as the site meets health, zoning, and environmental requirements. Proper permits from the municipality are often needed.
  • Nova Scotia: You can be buried on private property, but the burial site must be registered with the province. Additionally, the site must comply with local zoning and environmental regulations.
  • Prince Edward Island (PEI): Private burials are allowed, but health and safety regulations must be met, and zoning approvals may be required by local municipalities.
  • Newfoundland and Labrador: You are allowed to be buried on private property as long as you meet zoning and environmental requirements. Health and safety guidelines apply to protect nearby water sources.

Key Considerations

  • Zoning and permits are generally required in all provinces.
  • Environmental safeguards are crucial to protect water sources.
  • Registration of the burial site is often mandatory for future land use documentation.

While many provinces allow private land burials, each has specific rules to ensure public health and environmental safety. If you’re considering this option, be sure to consult your local authorities and obtain all the necessary permits and approvals.

Scroll to Top