Banff Warns Gaps in Cemetery Records Pose Legal and Emotional Risk

Council moves toward creating a permanent cemetery administrator to address ownership disputes, heritage preservation, and support for grieving families

Town of Banff officials say gaps in cemetery records, some dating back more than 100 years, could create legal and emotional risks for families, as staff manage burial records without a dedicated cemetery administrator.

During a recent review of Banff’s parks operations, town staff told council that cemetery administration is stretched to the point of risk. Records inherited from Parks Canada are incomplete, inconsistent, and only partly digitized.

For residents and visitors, the issue can be apparent as soon as they arrive.

“There is no sign on the gate,” said Paulette Zarkos, a Banff resident and a leading figure in the Old Banff Cemetery Headstone Restoration Project. She said people often enter the cemetery without clear direction on where to go or who to contact for information.

Staff said the gaps go beyond basic signage and directions and often affect families during moments of grief.

“You’ve lost a loved one, and you have to come in and talk to our cemetery administrator, whoever that may be or whoever is filling that role that day, and hopefully they’ve got a soft shoulder,” said Paul Godfrey, the Town of Banff’s director of operations.

The Town does not have a permanent cemetery administrator. Instead, several staff members share responsibility for burial records, ownership verification and monument approvals while also managing other parks and operations work.

Godfrey told council that each burial, monument installation or ownership transfer can require detailed historical review and legal checks, especially when records are missing or unclear.

“You had nobody in the will. Who does the grave belong to? Who has the right to it?” he said.

Godfrey said staff avoid assigning ownership without proper documentation to reduce the risk of disputes.

“We don’t want to assign ownership to someone without proof,” he said.

The issue carries added weight at the Old Banff Cemetery, which has heritage value and draws visitors from around the world.

“We have people from all over the world in the cemetery all the time,” Godfrey said, noting that many visitors arrive hoping to locate specific graves or learn more about Banff’s history.

The proposed administrator role would also support the cemetery’s public and heritage functions, including maintaining digital grave records, working with heritage groups, and serving as a consistent point of contact for historical and visitor inquiries.

Council members said cemetery care is a core community responsibility.

“I don’t think cemetery perpetual care should be based on funds and time,” Coun. Brian Standish said. “It should be a given.”

To reduce risk, council approved moving forward with a plan to create a permanent cemetery administrator position as part of the 2026 budget process. The proposed full-time role would focus on record keeping, ownership verification, digitization and public support.

According to budget documents, the position would be funded through taxation at an estimated cost of about $66,000 in 2026, with costs increasing in future years.

Town staff said the role would help improve record accuracy and provide clearer support for families and visitors while maintaining respectful care of Banff’s cemeteries.

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