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Whether you are planning to hold a funeral or not, there are papers that must be filed. There are also permits that are required for burial or cremation. Saskatchewan law regulates how human remains must be dealt with.
After a death, the physician in charge or the family may request an autopsy. An autopsy will not be performed without the consent of next-of-kin unless the law requires that one be done.
A funeral director is generally contacted to take charge of the body and assist with the required paperwork. A funeral director is required if embalming or cremation is involved. If not, a family member can make the arrangements instead. They will then be responsible for complying with the rules and regulations regarding the final disposition of the body.
If the deceased person had a Will with an executor, the executor should coordinate with a funeral director. Executors are responsible for making funeral arrangements. This includes paying for the funeral out of the deceased person's estate. For this reason, the executor should be involved in the process as soon as possible.
If there is no executor, someone will ultimately need to make a court application to deal with the deceased's estate. Until this happens, others may need to do what is required in the initial time after the death.
The government should be notified if the deceased was receiving money for things like the Canada Pension Plan or GST rebates. If further payments are issued, the estate would need to pay them back.
There are other people and institutions to notify upon a person's death. Many of these are not urgent and can be left for the person dealing with the estate. These include notifying:
In Saskatchewan, all deaths must be registered with eHealth Saskatchewan. This requires a Medical Certificate of Death and a Statement of Death. An official death certificate cannot be issued until the death is registered. This may seem like just a formality but this certificate may be required in certain circumstances. This includes for estate purposes or life insurance claims. In any event, registration is required by law. Once registration is complete, an official death certificate can be requested for a fee.
A Medical Certificate of Death will have information about the deceased person. This includes their name, date of birth, place of death, and cause and manner of death. It will also indicate whether an autopsy will be conducted. The certificate must be completed in order to obtain a burial permit.
When an individual dies, a Medical Certificate of Death form must be completed and registered. The attending physician, nurse or coroner usually takes responsibility for completing this form. If the death took place in a hospital, the staff will usually arrange for this to be done. For a death which occurred at home or in some other setting, family members of the deceased may need to make the arrangements. Depending upon the circumstances of the death, this may involve calling the family physician, the coroner or the police.
The person who completes the form must then provide it to the funeral director who is taking care of the body. The funeral director will then register the form. If the body has not been released to a funeral director, the form is registered by the
A Statement of Death form must also be completed. An adult relative of the deceased typically completes the form. If the death occurred in a hospital, the hospital will provide the form. Otherwise, the funeral director will do so. They will also register the completed form. The form must contain the following information about the deceased:
The Statement of Death must also include:
Finally, the Statement of Death must state:
A coroner may become involved when a person dies in unexplained or unnatural circumstances. There is a legal duty to promptly report a death to the coroner or a peace officer if it occurred:
A coroner may be, but does not have to be, a medical doctor. Their investigation may look into who died, where and when the person died, how the person died, and other circumstances of the death. The coroner has the authority to secure the scene, collect information, and inspect and seize things like documents. In some cases, the coroner may order an autopsy of the deceased person. Autopsies are performed by a trained pathologist.
A coroner's investigation does not determine whether someone is to blame for the death or whether criminal charges should be laid. They may, however, make recommendations in their report to help avoid similar deaths in the future. It may take up to six months to complete a coroner's report, including any autopsy report.
The coroner's report is not automatically sent to the deceased person's family unless they request it. The request must be made in writing to the Office of the Chief Coroner. You can also request that the report be sent to any third party that requires it such as an insurance company.
An inquest has a similar function to an investigation. However, an inquest is conducted more like a court hearing and is generally open to the public. The coroner calls witnesses to give testimony under oath. A jury decides the same issues that a coroner would in an investigation. They also make recommendations for avoiding similar deaths in the future. Like an investigation, an inquest does not decide criminal or civil responsibility for a death.
An inquest may be held if it is necessary to:
An inquest must be held if the deceased person was an inmate in a correctional facility, in the care of Social Services, or an involuntary patient in a mental health facility. The provincial government may also direct the coroner to conduct an inquest as a matter of public interest.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!