Arranging a Green Burial or Alkaline Hydrolysis (Aquamation) in Ontario

As environmental awareness grows, many Ontarians are updating their Wills to request eco-friendly final arrangements. 🛇 If you have been named as an executor, you might be tasked with arranging a green burial or alkaline hydrolysis (aquamation) in Ontario. Navigating these newer options can feel daunting, especially if family members prefer traditional methods.

Fortunately, Ontario has progressive bereavement laws. The Bereavement Authority of Ontario (BAO) licenses and regulates providers offering aquamation-a water-based alternative to flame cremation-and natural burial grounds. As the estate trustee, your primary duty is to honor the valid wishes set out in the deceased’s Will. Understanding how to legally and financially execute these non-traditional choices will help you manage the estate smoothly and avoid unnecessary family friction.

Step-by-Step Process in Ontario

Whether the deceased lived in Hamilton, London, or Toronto, the process for arranging an eco-friendly disposition is standardized across the province, though facility availability may vary.

Step 1: Verify the Instructions in the Will

Your authority starts with the Last Will and Testament. 📜 Read the document carefully to see if the deceased specifically requested aquamation, alkaline hydrolysis, or a “green burial.” If the Will explicitly states these wishes, Ontario law generally empowers you to carry them out. If the Will is silent, but you know the deceased wanted this, you still have the legal authority to choose these options as the executor.

Step 2: Choose a BAO-Licensed Provider

Not every funeral home in Ontario offers aquamation or green burials. You will need to locate a provider specifically licensed by the Bereavement Authority of Ontario for these services. While major centres like Ottawa and Toronto have natural burial grounds, you may need to arrange transportation if the deceased lived in a smaller, rural municipality without a specialized facility.

Step 3: Secure the Death Certificate and Permits

Before any disposition can take place, the death must be officially registered. 📄 The funeral director or aquamation provider will help you obtain the Medical Certificate of Death and register the passing with the municipality to secure a municipal Burial Permit. Under Section 22 of Ontario’s Vital Statistics Act, a single municipal Burial Permit is issued for any form of disposition, whether it is a traditional burial, cremation, or aquamation (alkaline hydrolysis). The Chief Coroner of Ontario must also sign off before aquamation can proceed, similar to the process for flame cremation.

Step 4: Pay for the Services Using Estate Funds

Funeral and disposition expenses are prioritized debts in Ontario. You can take the invoice to the bank where the deceased held their accounts. Most Ontario banks will issue a bank draft directly to the funeral home or aquamation provider from the deceased’s frozen account, meaning you do not have to pay out of your own pocket.

Step 5: Handle the Remains Appropriately

If you opted for aquamation, the remaining “ashes” (which are actually processed bone fragments, similar to traditional cremation) will be returned to you in an urn. 🏞 You must then decide whether to scatter them, bury them, or keep them, in accordance with the Will. In Ontario, you can scatter ashes on unoccupied Crown land or navigable waterways, provided you follow local municipal by-laws.

How Much Does it Cost in Ontario?

Eco-friendly options can sometimes be more affordable than traditional burials, but costs still apply. Here are the typical expenses in CAD:

• Aquamation (Alkaline Hydrolysis): The process itself usually costs between $2,000 and $3,500, which includes basic services and an eco-friendly urn.
• Green Burial Plot: Purchasing rights in a certified natural burial ground in Ontario ranges from $2,500 to $5,000, depending on proximity to major cities like Toronto.
• Biodegradable Casket/Shroud: A simple shroud or unvarnished pine box for a green burial costs between $500 and $1,500.
• Executor Legal Advice: If family members try to block your choice in the Superior Court of Justice, consulting a lawyer will cost roughly $300 to $650 per hour.

How Long Does the Process Take?

The timeline for arranging alternative disposition is relatively swift. ⏱ Aquamation generally takes 3 to 7 days from the time of death, allowing for the paperwork and coroner’s clearance to be finalized. Green burials must occur quite quickly-usually within 3 to 6 days-because embalming is not permitted to preserve the body.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca