Green Burial in New Brunswick: What the Law Actually Requires

New Brunswick is one of the few Canadian provinces where burying a family member on private land is still legally possible. The Cemetery Companies Act explicitly provides a pathway for establishing a private family cemetery. But "legally possible" and "straightforward" are very different things. Families who approach this without understanding the regulatory requirements often find themselves facing significant delays, bureaucratic hurdles, and — in the worst cases — the prospect of a forced exhumation.

Here is what green and home burial in New Brunswick actually involves, based on the province's current statutory framework.

What "Green Burial" Means in the NB Context

Green burial in New Brunswick generally refers to one or more of the following:

• Burial without embalming (natural decomposition)
• Burial in a biodegradable shroud or casket rather than a sealed container
• Interment on private land rather than in a commercial cemetery
• Direct burial or cremation without extensive funeral home involvement

New Brunswick law does not use the term "green burial" as a defined legal category. What the law does regulate are: the timeline for burial without embalming, the permit requirements for any disposition, and the specific conditions under which a family cemetery can be established on private land.

The 72-Hour Clock

The first practical constraint for natural, non-embalmed burial is time. New Brunswick law requires that unless a body is embalmed, it must be buried or cremated within 72 hours of death.

This is not a guideline — it is a statutory requirement. Families who want to avoid embalming for environmental or personal reasons must move quickly on permits, logistics, and scheduling. The 72-hour window begins at the moment of death, not when the funeral home takes custody of the remains.

For context: getting the medical certificate of cause of death signed, the death registered with Service New Brunswick, and the Burial Permit issued all need to happen before disposition can occur. In practice, families pursuing natural burial without a funeral director as the central coordinator need a clear plan in place before the death occurs.

What You Need Before Any Burial

Regardless of where the burial takes place — commercial cemetery or private land — a Burial Permit must be issued by the Registrar General through Service New Brunswick. This is not optional.

The sequence is:

1. Attending physician or coroner signs the medical certificate of cause of death
2. Funeral director registers the death with Vital Statistics (note: families cannot use the SNB portal directly — this step requires a licensed professional)
3. The Registrar General issues the Burial Permit
4. The funeral director endorses the permit with the exact date and location of burial

If cremation is chosen instead, additional requirements apply: a mandatory 48-hour waiting period from the time of death before the cremation can occur, and a signed cremation certificate from the coroner (Form 12), which carries a $75 fee. This means for unembalmed remains destined for cremation, there is a narrow legal window: the cremation cannot happen before 48 hours have passed, but must happen before 72 hours have elapsed.

Establishing a Family Cemetery Under the Cemetery Companies Act

If you want to bury a family member on private land — whether on a rural property that has been in the family for generations or on land specifically intended for a family burial site — you are operating under the Cemetery Companies Act and its regulations.

This is not an informal process. New Brunswick requires the following before a family cemetery can be legally established:

A scale map of the property. The application must include a detailed plan showing the proposed burial site, any nearby water sources, roads, and adjacent properties. The distances matter: the grave must be at least 75 metres from any watercourse and at least 150 metres from any drinking water intake.

Written approval from the Medical Officer of Health. You need sign-off from the regional health authority before proceeding. This approval confirms that the burial site will not create a public health hazard, particularly with respect to groundwater.

A certified deed proving property ownership. You must be the registered owner of the land.

Compliance with grave dimension requirements. For casket-less burials, the grave must be at least 1.3 metres deep. If a container (such as a biodegradable box) is used, there must be at least 0.6 metres of soil over the top of the container. Individual grave plots must be sized at a minimum of 0.9 by 2.9 metres.

Local zoning compliance. Municipal zoning bylaws may restrict burial activity in certain areas. Check with the local government before proceeding.

Failing to secure these approvals before proceeding is not a minor paperwork issue. Burial without the required permits and approvals can result in prosecution under the Act and the forced exhumation of the remains — a situation that causes severe additional trauma and significant expense.

Does Embalming Help With the Timeline?

Yes. If the body is embalmed, the 72-hour restriction on disposition does not apply in the same way. This is one reason commercial funeral homes sometimes suggest embalming when families express a desire for a service that would take longer than three days to arrange.

However, embalming is not legally required in New Brunswick for domestic burial or cremation. It becomes a requirement for specific situations, primarily when remains are being transported by commercial airline across provincial or international borders. Funeral homes that imply embalming is legally necessary for a viewing or a non-air-transport burial are either mistaken or overstating the requirement.

If you are pursuing green burial specifically to avoid chemical preservation of the body, you are within your rights to decline embalming — but you must manage the 72-hour timeline accordingly.

Working With or Without a Funeral Director

Commercial funeral directors have no financial incentive to assist families with home burials or the establishment of private family cemeteries. They may provide accurate information, but they will not typically walk you through the Medical Officer of Health approval process or the scale map requirements.

This information gap is real. The provincial government publishes the Cemetery Companies Act and its regulations, but the practical procedural steps for establishing a family cemetery are not laid out in a consumer-friendly format anywhere in the province's public materials.

If you are seriously considering natural burial on private land in New Brunswick, the advance preparation required — permits, approvals, zoning checks, and site preparation — means this cannot be a last-minute decision. It needs to be planned before the death occurs.

Next Steps

The New Brunswick Funeral Laws & Consumer Rights Guide includes a step-by-step checklist for families pursuing home burial or family cemetery establishment, covering the Medical Officer of Health application, distance verification requirements, and how to coordinate the burial permit process without a commercial funeral director managing every step.

See more New Brunswick guides →