Canadian burial and cremation laws: what the testator and executor can and cannot control

A testator's preferences for burial, cremation, scattering, or donation to science are usually included in the will as a wish, not a binding direction. Most provincial cases hold that control of the body rests with the personal representative or next-of-kin, and courts generally enforce a written preference only where it is feasible, lawful, and not against public policy.

Provincial cemeteries and funeral-services legislation regulates burial permits, cremation authorisations, handling of remains, and consumer-protection rules for prepaid funeral contracts. Licensed funeral directors generally obtain the required permits on behalf of the family; the executor coordinates payment from the estate and liaises with the cemetery or crematorium.

Home burial and natural ("green") burial are permitted in several provinces subject to municipal zoning, minimum-depth rules, and environmental-health regulations. Ontario, by contrast, generally requires burial in an authorised cemetery. Before relying on an unusual preference, confirm legality in the province of death and record a backup plan to prevent delay if the primary option turns out to be unavailable.