In Ontario, you do not actually own the real estate of a cemetery plot; you own the “interment rights.” To transfer these rights to a family member after the owner passes away, the executor must work directly with the cemetery operator and follow the strict transfer rules set by the Bereavement Authority of Ontario (BAO).
Understanding Interment Rights in Ontario
It is very common for older generations to purchase multiple cemetery plots in advance, intending to keep the family together. When the owner of those plots passes away, the unused graves become part of their estate. If you are the executor dealing with an estate in Hamilton, Kingston, or Toronto, you might assume you can simply sell the plot like a piece of land. This is a massive legal misconception.
Under the Ontario Funeral, Burial and Cremation Services Act, 2002 (FBCSA), cemeteries are highly regulated. 📍 You do not own the dirt; you hold an “Interment Rights Certificate.” This certificate gives you the right to designate who is buried in that specific spot. The Bereavement Authority of Ontario (BAO) strictly governs how these rights are bought, sold, and transferred to prevent price gouging and ensure cemeteries are properly maintained forever.
Step-by-Step Process to Transfer a Cemetery Plot
Transferring a plot to a family member is usually straightforward if you follow the correct administrative steps. Do not attempt to write a private contract; the cemetery operator must authorize the transfer.
Step 1: Locate the Original Interment Rights Certificate
The very first thing you need is the original piece of paper proving ownership. Look through the deceased’s physical files. If the certificate is lost, do not panic. Contact the cemetery operator; they are legally required to keep a master registry of all plot owners and can issue a duplicate certificate for a small administrative fee.
Step 2: Confirm the Executor’s Authority
As the executor, you are the only person legally allowed to sign over the plot on behalf of the deceased. The cemetery will require proof of your authority. 🔍 You will need to provide them with a copy of the death certificate and the Last Will and Testament. If the estate is large, the cemetery may require the court-issued Certificate of Appointment of Estate Trustee (Probate) before they allow the transfer.
Step 3: Check the Cemetery By-Laws
Every cemetery in Ontario has its own specific by-laws approved by the BAO. Some religious or municipal cemeteries have strict rules regarding who can hold interment rights. Contact the cemetery office and inform them that you wish to transfer the plot to a specific family member (e.g., the deceased’s son or daughter).
Step 4: Complete the Transfer Paperwork
You cannot simply scratch out a name on the old certificate. The cemetery operator will provide a formal transfer form. The executor signs as the transferor, and the family member signs as the transferee. Once signed, the cemetery updates their public register and issues a brand-new Interment Rights Certificate in the family member’s name.
Selling vs. Transferring to Family
| Action | BAO Rules in Ontario | Financial Requirement |
|---|---|---|
| Transferring to Family | Generally permitted by all cemeteries for estate settlements. | Only administrative fees and potential Care & Maintenance top-ups apply. |
| Selling Back to Cemetery | Cemetery is legally required to buy it back if requested. | You receive the current market value, less the Care & Maintenance portion. |
| Selling to a Third Party | Allowed only if the cemetery by-laws explicitly permit private sales. | Cannot be sold for more than the current market value (anti-scalping rule). |
How Much Does It Cost to Transfer a Plot?
While giving the plot to a family member doesn’t generate income, the administrative process is not free. 💰
- Cemetery Administrative Fee: Most Ontario cemeteries charge a basic fee to update the registry and issue a new certificate. This usually ranges from $50 to $250 CAD.
- Care and Maintenance Fund Top-Up: Ontario law requires a percentage of every plot sale to go into a trust fund that pays for cutting the grass forever. If the plot was bought in 1970, the trust contribution was likely very low. Upon transfer, the cemetery may legally require the new owner to “top up” the Care and Maintenance contribution to current 2026 standards, which can cost $200 to $600 CAD.
How Long Does the Process Take?
Once you have located the original certificate and established your authority as the executor, the actual transfer process is very fast. ⏱ After you submit the required forms and pay the administrative fees, the cemetery operator typically processes the paperwork and mails the new Interment Rights Certificate to the family member within 2 to 4 weeks.
Frequently Asked Questions (FAQ)
Can I sell the cemetery plot on Kijiji for a profit?
Absolutely not. Under the FBCSA, it is illegal to sell an interment right for more than the current market value listed on the cemetery’s official price list. This rule exists to prevent people from “scalping” gravesites in high-demand areas.
Does the cemetery plot have to go through probate?
A cemetery plot has monetary value and is technically part of the estate. However, because its value is usually low (e.g., $2,000 to $5,000), many cemetery operators will allow you to transfer it to a family member with just the will and a death certificate, saving you from needing formal probate if there are no other major assets.
What happens if the will doesn”t mention the cemetery plots?
If the will does not specifically gift the plots to someone, they fall into the “residue” of the estate. As the executor, you have the authority to decide whether to transfer them to a family member as part of their inheritance or sell them back to the cemetery and distribute the cash.
What is the Care and Maintenance Fund?
It is a mandatory trust fund regulated by the BAO. A portion of every purchase goes into this fund. The principal is never touched, but the interest generated pays for the ongoing upkeep of the cemetery grounds, ensuring it doesn’t become abandoned decades from now.
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