In the event a cemetery is abandoned, which two entities may end up with ownership transfer?

• A. The Crown exclusively
• B. The municipality or Crown
• C. A private developer
• D. The cemetery's original owner

Answer: (B)

When a cemetery is abandoned, the aim is to keep burial rights and perpetual care protected by public authority. In this situation, ownership may transfer to public bodies to ensure the site is properly maintained and interments safeguarded. The two possible recipients are the local municipality or the Crown. The municipality can assume control if the cemetery falls within its boundaries and has the capacity to manage it and meet perpetual care duties. If there isn’t a suitable municipal framework or arrangement, the Crown may take ownership to steward the property and its interments. This approach reinforces the obligation to preserve burial grounds for the public and prevents the land from falling into neglect. A private developer or the original owner aren’t the typical recipients in an abandonment scenario, since the goal is ongoing public responsibility and care.