To most people, cemeteries appear as quiet, low‑activity spaces, leading to assumptions that they present minimal risk. However, even with less foot traffic than other municipal areas, cemeteries still contain significant hazards. Municipal cemeteries are dynamic workplaces where maintaining grounds, managing burials, operating heavy equipment, and preventing unauthorized access require careful planning and deliberate procedures.
For municipalities, effective risk management is essential to protecting people, property, and organizational reputation. By recognizing the unique risks associated with cemetery operations, municipalities can implement measures that support safe, well‑managed cemeteries.
Duty of Care and Site Safety
Municipalities are responsible for ensuring cemetery grounds remain safe, well‑maintained, and free of hazards. This includes routine inspections, ongoing maintenance, and prompt correction of any known issues. Under the Occupiers’ Liability Act, municipalities owe a duty of care to all entrants, including trespassers, meaning hazards must be mitigated regardless of visitor status. Ensuring adequate lighting at night, maintaining clear pathways, and monitoring conditions such as uneven ground, loose gravel, or seasonal hazards, like snow and ice, are essential to managing risk.
Cemetery operations should also include periodic nighttime patrols, such as a guard or peace officer drive‑by, to deter trespassing and to keep watch for issues that may occur or arise after hours. Winter maintenance and a documented snow‑removal schedule further support accessibility and reduce slip‑and‑fall exposures.
Liability and Property Protection
While municipalities are responsible for maintaining cemetery grounds, they may also become liable for damage to headstones or monuments caused during municipal operations such as mowing, excavation, or equipment use. However, not all damage in a cemetery is a result of municipal operations. Therefore, it should be standard practice to encourage families to insure their loved one’s plots or monuments under personal insurance policies, certifying coverage if damage occurs that is not the responsibility of the municipality.
Municipalities must maintain detailed records of cemetery sites, plot registers, access hours, and fees.
Governance and Compliance
All municipal cemetery operations must comply with the requirements of the Provincial Cemeteries Act, making compliance an important part of managing risk. To support this, municipalities should implement:
- A cemetery bylaw which addresses care, custody, and control of cemetery lands.
- An administrative plan outlining inspection schedules, documentation requirements, and roles and responsibilities.
- An operational plan including yearly improvement initiatives, grants, and long‑term site planning.
- Formal agreements (MOUs) with non‑profit groups, operators, or community groups involved in cemetery oversight.
Operations and Controls
Effective operations rely on clear documentation, coordination, and proactive oversight. Municipalities should maintain a written maintenance schedule covering routine tasks such as lawn care, while ensuring summer maintenance staff actively identify and report any hazards.
Coordination with local funeral homes is very important, including scheduled check‑ins before and after site excavations to clearly identify and address any hazards. Larger funeral services should be planned in advance, as they may create traffic slowdowns or access issues that require traffic control or assistance from local enforcement to ensure safe passage for attendees.
Effective implementation of these risk controls will ensure the safety of all visitors and promote a well-managed cemetery with minimal risk and hazards.
Please reach out to the Risk Team at risk@rmainsurance.com for any questions or concerns relating to Cemetery management, and for links to the Occupiers’ Liability Act and Cemeteries Act.