Cancellation & Refunds for Interment & Scattering Rights

You have four options for disposing of interment rights or scattering rights under the City of Hamilton Cemeteries By-Law (By-Law No. 12-151).

Cancellation of interment rights

You can get a full refund if you:

  • Cancel an Interment Rights or Scattering Rights Contract within 30 days of signing
  • Provide written notice of the cancellation to the Director of Cemeteries and the Interment
  • Have not used scattering rights

You can get a partial refund if you:

  • Cancel an Interment Rights or Scattering Rights Contract more than 30 days after signing
  • Provide written notice of the cancellation to the Director of Cemeteries and the Interment
  • Have not used scattering rights

You will receive the full amount paid less the Care and Maintenance fee.

Transfer to others

An interment rights or scattering rights holder can transfer their rights by:

  • Giving written notice to Hamilton Municipal Cemeteries of the name and address of the person whom the rights were transferred to and the date of the transfer 
  • Paying the transfer fee 

Transfer by heirs

An heir or representative of a deceased interment rights holder may transfer the deceased's rights by:

  • Providing proof that they have the power to transfer the interment rights or scattering rights in writing to the Director;
  • Giving notice to Hamilton Municipal Cemeteries of the name and address of the person whom the rights were transferred to and the date of the transfer; and
  • Paying the transfer fee

Third party resale

If you do not use your interment rights or scattering rights, you may sell them to a third party for no more than the current price listed on the Tariff of Charges.

As an interment rights or scattering rights holder, you must provide the following to the Director to sell your rights:

  • Written confirmation of intent to sell and name of the person to whom you are selling
  • Written proof that you are the interment rights or scattering rights holder 
  • The original Interment Rights or Scattering Rights Certificate endorsed by the current rights holder
  • Payment of the administration fee as set out in the Tariff of Charges
  • Any other related documentation you have
  • A new Interment Rights or Scattering Rights Certificate with the name of the buyer on it

Use the Third Party Resale Form to help with the process and requirements for selling your interment rights or scattering rights.