Law and Permits
Ontario
The Funeral, Burial and Cremation Services Act, 2002, and its regulation (O. Reg. 30/11). Under section 162 of the regulation, exhumation is possible if:
- there is prior consent from the interment rights holder;
- the medical officer of health has been notified in advance. No notice is needed for cremated remains.
Section 162 does not require a separate government permit for a family exhumation. The cemetery operator carries out the work and keeps a record of who requested the exhumation, and when and where the remains were moved.
Quebec
The Funeral Operations Act (Loi sur les activités funéraires) and the Government of Quebec describe the procedure as follows:
- the National Director of Public Health of Quebec (directeur national de santé publique, DNSP) grants authorization if the exhumation poses no risk to human health;
- with this authorization, an application is made to a judge of the Superior Court (Cour supérieure), and the court grants its permission;
- the cemetery where the person is buried must be notified.
A lawyer or notary submits the request to the DNSP. It states who is buried, the cause of death (for example, from the SP-3 certificate) or the dates of birth and death and place of death, the place of burial and new burial, and the name of the funeral service provider. The DNSP may set conditions.
Official sources do not state how long the wait is. We check this for each specific case.