PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
The executor of a deceased person's estate has the legal authority to deal with their remains and arrange the funeral. If an executor has not been named, then the law sets out who the authorized decision-maker is.
An executor has the authority to make decisions regarding the remains and funeral of the deceased. If there is no executor, then the law sets out who can make decisions in the following order:
Executors are not required to follow the deceased's Will regarding the funeral. This includes whether someone is buried or cremated. However, it is rare that such wishes are ignored. The wishes of the deceased person are usually considered when making decisions about what to do with their remains.
It is important to determine whether the deceased had pre-arranged their funeral plans. They may have pre-paid for funeral services or a cemetery plot through a pre-paid funeral contract. It is important to determine if there are any arrangements in place before planning a funeral. Any documents that relate to this should be given to whoever is making decisions regarding the funeral.
The Saskatchewan Funeral and Cremation Services Council can answer questions you may have about funerals.
In Saskatchewan, the burial of a human body requires a permit and a designated plot for interment. If a funeral director is involved, they will apply for the permit. They can also assist the family in choosing a place for burial that meets the requirements for a designated burial plot. When a funeral director is not involved, the person who has taken responsibility for the body can apply for the permit and choose a place for burial. The burial place must, however, be a designated plot for interment.
Services available and prices for burial plots vary from community to community. Cemeteries often regulate the size and type of marker used for burial plots. It is best to check with the cemetery concerned before making any commitments.
It is important to note that only an executor or next-of-kin can authorize cremation.
Cremation is an alternative to burial and there are several crematoriums in Saskatchewan where it can take place. The same type of caskets used for burial may be used for cremation. It may also be possible to use one casket during the service and a second, simpler casket or container for the actual cremation.
There are several options for what to do with cremated remains depending on personal choice and local regulations. These could include being scattered over fields or water, kept in a house, deposited in private gardens, or interred in a cemetery. Individuals may want to consult with the municipal authority before scattering cremated remains. If the deceased person had unrealistic wishes about their cremated remains, it may affect the decision on whether to cremate the body.
The Canadian Pension Plan (CPP) death benefit is a lump sum payment that can be used for funeral costs. It may be paid to the estate of the deceased if they made CPP contributions for a specified period. Where the deceased has no estate or Will, the payment may be made in the following order of eligibility:
Veteran who served with the Canadian Armed Forces may qualify for burial benefits. These benefits come from Veterans Affairs Canada through the Last Post Fund. Most large cemeteries have a Field of Honour or Soldiers' Plot. Veterans and active service members can be buried in these plots. A discharge certificate or regimental number would need to be produced. It may also be possible to have the spouse of a veteran buried in these areas.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!