HomeMy WebLinkAboutBy-law No. 2012-066 THE CORPORATION OF THE MUNIC '
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BY-LAW NUMBER 20 2—066 1gg
Being a by-law to provide for the maintenance, man gement at �ofrfroi� Cemet s
under the jurisdiction of the Municipality of Bayh in accordance_ with the Funer ,
Burial and Cremation Services Act, 2002 an eigfari `• o a / ,. ON
WHEREAS the Council of the Municipality of Bayham acknowledges the following
cemeteries for which the Municipality of Bayham is responsible for management,
maintenance and control:
Bayham Cemeteries With Boards
Bayham West(Richmond) Best(Corinth) Calton Eden
Dobbie Guysboro Smuck Straffordville
Cemeteries Without Boards
Claus Edison Firby Light Old Eden
Old Richmond (Godwin) Otter Valley Stanton Amerman
Hutchison Hemlock Creek Abandoned
Estherville (Old Port Burwell) (Otter Valley Baptist)
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous
that provision for maintenance, management and control of cemeteries under the
jurisdiction of the municipality be approved by By-law;
THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as
follows:
1. By-law 2000-27 as amended by By-laws 2002-072 and 2008-080 are repealed upon
approval of this by-law by the Registrar of Cemeteries, Ministry of Consumer
Services.
2. This by-law shall be composed of ten sections and attached schedules, namely:
Section A Definitions
Section B Administration
Section C Financial
Section D Restrictions (Rules and Regulations)
Section E Operations
Section F Interment
Section G Disinterment
Section H Markers
Section I Cancellation or Resale of Interment Rights
Section J Contractor/Monument Dealers
Schedules A, B, C, D, E & F
B/L 2012-066 2
GENERAL INFORMATION
Inquiries may be made at:
Municipality of Bayham
9344 Plank Road, Straffordville, ON NOJ 1Y0
Telephone: 519-866-5521 Fax: 519-866-3884
website: www.bayham.on.ca
Email: bayham@bayham.on.ca
Hours of Operation:
Office Hours: 8:30 a.m. until 4:30 p.m., Monday through Friday, except statutory
holidays.
Cemetery Visitation Hours: dawn until dusk
Burial Hours: dawn until dusk
General Conduct:
The cemetery reserves full control over the cemetery operations and management of land
within the cemetery grounds.
No person may damage, destroy, remove or deface any property within the Cemetery.
All visitors should conduct themselves in a quiet manner that shall not disturb any service
being held.
By Law Amendments:
The cemetery shall be governed by the cemetery bylaws, and all procedures will comply
with the Funeral Burial &Cremation Services Act, 2002 and Ontario Regulation 30/11,
which may be amended periodically.
All cemetery by-law amendments requiring approval of the Registrar, Cemeteries
Regulation Unit, Ministry of Consumer Services must be:
a)published once in a newspaper with general circulation in the locality in which the
cemetery is located;
b) conspicuously posted on a sign at the entrance of each active cemetery; and
c) delivered to each supplier of markers who has delivered a marker to the cemetery
during the previous year, if the by-law or by-law amendment pertains to markers or their
installation.
Liability:
The cemetery operator will not be held liable for any loss or damage, without limitation
(including damage by the elements, Acts of God, or vandals) to, any lot, plot, monument,
marker, or other article that has been placed in relation to an interment save and except
for direct loss or damage caused by gross negligence of the cemetery.
Public Register:
Provincial legislation— Section 110 of Ontario Regulation 30/11 requires all cemeteries
and crematoriums to maintain a public register that is available to the public during
regular office hours.
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Pets or Other Animals:
Pets or other Iower animals, including cremated animal remains, are not allowed to be
buried on cemetery grounds.
Right to Re-Survey:
The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot, change or
remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise
change all or any part of the cemetery, subject to approval of the appropriate authorities.
Notice of Resale and Transfer of Interment Rights:
The cemetery operator permits the interment rights holder to sell or transfer his/her
interment rights to a third party, at no more than the current price listed on the
cemetery price list, as long as the sale or transfer is conducted through the cemetery
operator and the purchaser meets the qualifications and requirements as outlined in the
cemetery operator's by-laws.
The cemetery operator prohibits the resale of interment rights to a third party and is not
required to repurchase unused interment rights in a plot (more than one lot) if any of the
interment rights in the plot has been exercised.
SECTION A: DEFINITIONS
"ACT" shall mean the Funeral, Burial, Cremation Services Act,
2002 (FBCSA)
"BOARDS" shall mean the Cemetery Board(s) appointed by the Council
of the Corporation for terms as outlined in the
Organizational Structure.
"BURIAL" shall mean the opening and closing of an inground lot or
plot for the disposition of human remains or cremated
human remains.
"BY-LAWS" shall mean the rules under which the Cemeteries are
operated. Said by-law shall be approved by both Council
of the Corporation and the Registrar.
"CARE AND It is a requirement under the FBCSA that a percentage o
MAINTENANCE the purchase price of all Interment Rights, and set amounts
FUND" for marker and monument installations is contributed into
the Care &Maintenance Fund. Interest earned from this
fund is used to provide care and maintenance of plots, lots,
markers and monuments at the cemetery.
"CONTRACT" For purposes of this by-law, all purchasers of interment
rights must sign a contract with the cemetery, detailing
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obligations of both parties and acceptance of the cemetery
by-laws.
"CEMETERY" shall mean the land set aside to be used for the interment of
human remains.
"CEMETERY shall mean the following services in respect of a lot or plot:
SERVICES" (I) opening and closing of a lot or plot;
(II) interring or disinterring human remains;
(III) construction of a foundation and installation of a
marker or monument;
(IV) setting of corner posts;
"CEMETERY shall mean interment vaults, liners, markers, flowers,
SUPPLIES" artificial wreaths, and other articles intended to be placed in
a cemetery.
"CORNER POSTS" shall mean any stone or other land markers set flush with
the surface of the ground and used to indicate the location
of a lot or plot.
"CORPORATION" shall mean the Corporation of the Municipality of Bayham.
"COUNCIL" shall mean the Municipal Council of the Corporation of the
Municipality of Bayham.
"GRAVE" (Also known as a Lot)means any inground burial space
intended for the interment of a child, adult or cremated
human remains.
"FBCSA" Funeral, Burial, Cremation Services Act, 2002
"INTERMENT RIGHT" is the right to require or direct the interment of human
remains or cremated human remains in a grave or lot and
direct the associated memorialization.
"INTERMENT is the document issued by the Cemetery to the purchaser
RIGHTS once interment rights have been paid in full, identifying
CERTIFICATE" ownership of the interment rights.
"INTERMENT RIGHTS is any person designated to hold the right to inter human
HOLDER" remains in a specified lot.
"LOT" For the purpose of this By-law a lot is a single grave space.
B/L 2012-066 5
"MARKER" shall mean any permanent memorial structure that is set
flush and level with the ground, and used to mark the
location of a burial lot.
"MONUMENT" Any permanent memorial projecting above the ground
installed within the designated space to mark the location
of a burial or lot.
"CEMETERY
OPERATOR" shall mean the municipality or its representative.
"PLOT" For the purposes of this by-law, a plot is a parcel of land,
sold as a single unit, containing multiple lots.
"SCATTERING" shall mean the spreading of cremated remains over ;t
designated area within a cemetery. Scattering is not
permitted in cemeteries operated by the Municipality of
Bayham.
"STRUCTURE" shall mean the Organization Structure for Cemeteries under
the jurisdiction of the Municipality of Bayham as
established by by-law.
"SECRETARY- shall mean the Secretary-Treasurer of the individual
TREASURER" Cemetery Board(Committee) as outlined in the
Organization Structure for Bayham Cemeteries.
"TARIFFS & FEES" shall mean the tariff or fees and charges set forth in the fees
by-law as approved by the Bayham Council as amended
from time to time.
SECTION B: ADMINISTRATION
1. The business and affairs of the Cemeteries under the jurisdiction of the
Municipality of Bayham shall be managed and supervised by Boards, as outlined
in the Organization Structure. Cemeteries listed as not having individual Board,
shall be the responsibility of Municipal staff.
2. The Council shall by by-law appoint members of the Boards who shall hold office
during the term of Council.
3. Each Board shall be responsible for the administration, management, care,
maintenance, and improvement of the Cemetery.
4. Each Board shall have the authority to engage and authorize caretakers,
employees or agents to carry out the duties of the Board.
B/L 2012-066 6
5. Each Board shall be responsible to the Council for the execution of their duties.
6. The Council shall have the authority to remove any or all of the members of any
individual Board for their failure or neglect to carry out their duties or for any
other just cause, upon recommendation of the Joint Board.
7 Each Board and the Clerk shall each keep such registers, records and books as are
necessary for properly recording all matters, acts, interment rights certificates and
matters pertaining to the Cemetery as come within their respective jurisdiction,
and as may be prescribed.
8. Each Board shall make and render such reports as maybe prescribed or as the
Council may require.
SECTION C: FINANCIAL
l, All applicable fees and charges shall be payable in accordance with the fees set by
the Council upon recommendation of the Joint Cemetery Board.
2. Payments for all fees and charges shall be made to the office of the Secretary-
Treasurer of the individual Cemetery Board or the Municipal Clerk or Treasurer
as applicable.
3. Each Secretary-Treasurer and/or Treasurer of the Municipality shall keep such
books, accounts and records as are necessary for properly recording and
exhibiting all financial matters pertaining to the individual Cemetery as may be
prescribed, as applicable.
4. All revenue and other monies belonging or pertaining to the Cemetery shall be
received by the individual cemetery Secretary-Treasurer or Treasurer of the
Municipality as applicable.
5. The Treasurer of the Municipality shall maintain, invest, and administer the Care
and Maintenance Fund in accordance with provisions and regulations of the Act.
6. The application and use of monies, or any part thereof, received and under the
control and management of the Board may accumulate and be held or
subsequently expended or invested.
7. The revenue derived from the Care and Maintenance Fund shall be applied at the
discretion of the individual Board, and shall be used for general maintenance and
improvement of the Cemetery.
8. The revenue derived from that portion of the Care and Maintenance Fund
pertaining to care of markers shall be applied at the discretion of the Board for
general maintenance of markers.
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9. Each individual Board shall have the authority to establish special funds for
donations. The application and use of said funds shall be at the discretion of the
Board.
10. The Board(s) shall not be bound to expend the whole or any part of the interest or
monies earned, including the compounding thereof,but may accumulate and hold
or subsequently expend the same or any part thereof, or invest the same or any
part thereof.
11. A portion of the price of interment rights is trusted into the Care and Maintenance
Fund. The income generated from this fund is used to maintain, secure and
preserve the cemetery grounds.
12. Services that can be provided through this fund include:
• Re-levelling and sodding or seeding of lots;
• Maintenance of cemetery roads, sewers and water systems;
• Maintenance of perimeter walls and fences;
• Maintenance of cemetery Iandscaping;
• Repairs and general upkeep of cemetery maintenance buildings and
equipment.
SECTION D: RESTRICTIONS (RULES & REGULATIONS)
1. All persons entering the Cemetery shall behave with due order and decorum and
with due respect to the dead.
2. Interment Rights Holders shall not permit interments to be made in their lots or
plots for remuneration.
3. Interment Rights Holders may make arrangements to sell an unused lot to a third
ply.
4. Vehicles within the Cemetery shall be driven at a speed not exceeding 25
kilometres per hour and shall not allow wheels of any such vehicles to run on sod.
All drivers of any vehicle shall respect all lot or plots as if they were their own.
Vehicle owners and drivers shall be held responsible for any damage done by
them.
5. Recreational vehicles are not permitted within the Cemetery.
6. No persons under the age of sixteen years shall be admitted within the Cemetery
unless attended by an adult who shall be responsible for their conduct.
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7. No persons shall:
a) place any fences, railings, or other enclosures around any lot or plot;
b) plant any flowers, plants, shrubs or trees without the permission of the
Board. The Board reserves the right to enter onto the lot or plot and
remove any flowers,plants, shrubs, or trees planted without permission of
the Board;
c} write upon, deface, injure or damage any markers,railing, fence or other
structure, or pick or cut flowers of any kind;
d) have in their possession any firearm within the Cemetery enclosure except
in the case of a Military or Police Funeral;
e) enter into the Cemetery between dusk and dawn the following day;
f) allow entry into the Cemetery of any animal under their ownership and/or
control.
8. Should any trees, shrubs, bushes, flowers or structures situated on or around any
lot by any means become detrimental to adjacent lots, monuments, drains, road or
walk ways or to the convenience or safety of the public, or to the general
appearance of the grounds, the Board may remove such trees shrubs or structures
or any part thereof.
9. In order to preserve the appearance of the grounds, artificial wreaths must be
removed off the ground before April 1st of each year. Otherwise the cemetery
authorities will remove them.
10. Rubbish shall not be thrown out on roads, walks, or any part of the grounds. A
barrel is provided for the deposit of weeds, decayed flowers, plants, etc.
11. No unauthorized person shall make any walk, cut any sod or move corner posts or
grave markers in the cemetery or in any other way change the surface of the burial
lot in the cemetery.
12. The Board shall not be responsible for loss of or damage to any portable articles
left upon any lot or grave.
13. Conveyances heavily loaded shall not be permitted to enter the Cemetery without
the approval and supervision of the Board.
14. Any person who damages any lot or plot, marker or other structure, or otherwise
does any injury in the Cemetery shall be personally responsible for such damage
or injury.
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15. Any person violating any of the provisions of this by-law shall be deemed to be a
trespasser and subject to immediate summary eviction from the Cemetery in
addition to any and all other penalties provided by law.
16. The cemetery reserves the right to regulate the articles placed on lots or plots that
pose a threat to the safety of all interment rights holders and visitors to the
cemetery, prevents the cemetery from performing general cemetery operations, or
are not in keeping with the respect and dignity of the cemetery.
17. Prohibited articles will be removed and disposed of without notification and may
include articles made of hazardous materials such as glass (excludes glass
attached to monuments), ceramics, or corrosive metals; loose stones or sharp
objects; trellises or arches; chairs or benches.
18. Flowers placed on a grave for a funeral shall be removed by the cemetery
operator, after a reasonable time, to protect the sod.
19. The cemetery reserves the right to remove quantities of memorial wreaths or
flowers considered to be excessive and that diminishes the otherwise tidy
appearance of the cemetery.
SECTION E: OPERATIONS
I Sales
1. Lots or plots, subdivision of lots or plots may be purchased by individuals upon
payment of the appropriate Tariff rate. At the time of sale, the Secretary-Treasurer
or Clerk of the Municipality of Bayharn shall provide a copy of the following:
a) copy of the Contract; and
b) copy of the Cemetery By-Law(s).
Upon payment in full, the Secretary-Treasurer or Clerk, as applicable, shall
provide an Interment Rights Certificate.
2. Purchasers of lots or plots acquire only the right and privilege of interment of
human remains and of erecting markers, subject to the provisions of the By-Law.
3. Each purchaser of a lot or plot shall be entitled to an Interment Rights Certificate,
but only when all indebtedness has been satisfied and all charges on the lot or plot
have been paid.
4. The Interment Rights Certificate shall specify the name of the Interment Rights
Holder, the Certificate number, the name and address of the Cemetery, the size of
the lot or plot, the location of the lot or plot, the date of purchase, the amount
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paid, the amount deposited into the Care and Maintenance Fund, and a statement
regarding transfer restrictions of said interment rights.
5. The Interment Rights Holder must designate in writing, upon the Interment
Permission Form, if another person is to be buried in their lot or plot.
6. The Board may restrict the sale of single lots to certain areas in the Cemetery.
II Contract
1. The purchaser of Interment Rights shall be provided with a Contract, at the time
the Contract is made, which shall indicate:
a) the date Interment Rights were purchased;
b) the name and address of purchaser;
c) the purchase price including an itemized breakdown of charges and all
applicable taxes;
d) the percentage or amount of the purchase price being set aside for Care
and Maintenance;
e) the existence of a by-law that governs the operation of the cemetery and
includes restrictions on Interment Rights in the cemetery;
f) a Certificate of Interment Rights will not be issued until the Interment
Rights including Care and Maintenance have been paid in full; and
g) Interment rights may be resold to a third party, through the operator.
III Transfers
1. Sale: Only licensed cemetery operators can sell Interment Rights, however
individual interment rights holders may re-sell his/her interment rights to a third
party, through the cemetery operator, if they have not been used.
See Section I for Cancellation or Resale of Interment Rights details.
An individual who wishes to sell his/her unused interment rights back to the
cemetery, may negotiate with the Cemetery operator. The operator may negotiate
a price less the amount placed into the Care and Maintenance Fund. The
Cemetery operator is not obligated to repurchase.
Transfer:
For the purposes of this subsection, "transfer" means a gift, a bequest or any other
transfer made without consideration. If an Interment Rights Holder wishes to
transfer their interment rights, notice must be given, on the appropriate transfer
form, attached as Schedule "E", to the Board Secretary-Treasurer or Clerk and the
original certificate must be returned. The Secretary-Treasurer or Clerk shall issue
a new certificate of interment rights to the transferee. The transfer of ownership
BIL 2012-066 11
of Interment Rights is not binding upon the Board until a duly executed transfer
form has been deposited with the Secretary-Treasurer or Clerk.
2. Upon receipt of a request, on the appropriate transfer form, attached as Schedule
"E", from the Interment Rights Holder specifying the name and address of the
transferor and the transferee, and location of lot or plot, the Secretary-Treasurer or
Clerk, upon payment of the transfer fee in accordance with the Tariff, will
perform the transfer.
3. In case of succession the following will be required in addition to Clause 2 above
(unless otherwise ordered by the Board):
a) with a Last Will and Testament:
(i) in case of a specific bequest of the lot or plot, a Notarial Copy or
Court Certified Copy of the will or probate;
(ii) if no specific bequest, a request in writing from the Executors with
the written consent of all or a majority of the beneficiaries;
b) Intestate:
A request in writing from the Executor with the consent of all or a
majority of the heirs-at-law.
IV Corner Posts
1. The boundaries of any new Iot or plot sold shall be marked with corner posts on
approval by the Board. All corner posts are to be placed by the Board at the
expense of the owner of the lot or plot wherein the same are placed.
2. All corner posts shall be placed level with the ground.
SECTION F: INTERMENT
1. No interment shall take place until such time as the lot or plot has been paid for in
full.
2. For every interment the Board must obtain a burial permit or cremation
certificate, applicable fees and a completed Interment Permission form if required.
3. No interment shall be made on Sunday, Good Friday or Christmas Day, except in
accordance with the regulations of the Medical Officer of Health.
4. Interments shall take place between the 1St of April and the 1st of November unless
otherwise authorized by the Board.
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5. No more than two interments may be made in the same lot, and the first
interment must be in a concrete vault. Installation of a concrete vault, for safety
precautions, is recommended.
6. No more than one interment may be made in a lot if a second interment would
leave less than two feet of earth at the surrounding ground level, over the case
used in such second interment.
7. No more than four(4) cremation interments, if placement allows, shall be made in
the regular lots.
8. Workmen shall cease work, if in the immediate vicinity of a funeral,until the
conclusion of the service.
9. All work must be done during regular Cemetery hours, unless by special
permission of the Board.
10. Notice of each interment shall be given to the Secretary-Treasurer or Clerk. A
minimum of 24 hours notice (not including Saturday, Sunday or holidays) is
required unless otherwise ordered by the Medical Officer of Health.
11. An interment rights holder must provide authorization in writing prior to a burial
taking place. Should the interment rights holder be deceased, and the interment
rights holder has not designated persons to be interred, authorization must be
provided in writing by the person authorized to act on behalf of the interment
rights holder i.e. Estate Trustee or Executor.
12. A burial permit issued by the Registrar General or equivalent document showing
that the death has been registered with the province must be provided to the
cemetery operator prior to a burial taking place.
13. A Certificate of Cremation must be submitted to the cemetery operator prior to
the burial of cremated remains taking place.
14. In accordance with the FBCSA the purchaser of interment rights must enter into a
cemetery contract,providing such information as may be required by the
cemetery operator for the completion of the contract and the public register prior
to each burial of human remains.
15. The opening and closing of graves, may only be conducted by contractors
designated to do work on behalf of the cemetery.
16. Cremated remains are not permitted to be scattered on a grave.
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SECTION G: DISINTERMENT
1. No disinterment shall be allowed in any lot or plot nor any body removed
therefrom unless in accordance with Section 101 or 102 of the FBCSA.
2. A certificate from the local medical officer of health must be received by the
cemetery operator before the removal of casketed human remains may take place.
3. A certificate from the local medical officer of health is not required for the
removal of cremated remains.
4. In special circumstances the removal of human remains may also be ordered by
certain public officials without the consent of the interment rights holder and/or
next of kin.
SECTION H: MARKERS
1. The Board requires order forms from Monument Dealers showing monument
size,base size, property location, and the fee for Marker Care and Maintenance
Fund before constructing the foundation for markers.
2. The Board reserves the right to determine the maximum size of markers, their
composition, their number and their location on each lot or plot.
a) not more than one marker shall be erected on any one lot;
b) the minimum thickness of an upright marker shall be 6 inches at narrowest
point, and every flat marker, including foot stones, shall be a minimum
thickness of 4 inches;
c) all markers, other than markers located on a single lot, shall not exceed 42
inches in height, including the base;
d) upright markers on a single lot shall not exceed 24 inches wide by 34
inches high, including the base;
e) all flat markers on a single lot shall not exceed 24 inches wide 18 inches
deep, and shall be installed flush with the ground level. Every flat marker
shall be placed on a base of gravel or crushed stone to a minimum depth of
6 inches, or set in concrete to a depth of 6 inches. The said base shall have
a 4 inch border of the same material as the base;
f) all markers shall be made of natural stone (granite) or bronze;
g} no marker shall be allowed to stand on the interment space in any lot or
plot.
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3. Markers to be erected shall be set upon a concrete foundation which shall be no
less than five feet in depth and must exceed the marker by a minimum of three
inches on all sides. All foundations shall be set one inch above the surface of the
ground. Foundation must be approved by the Cemetery operator before the
marker is erected thereon.
4. No marker shall be erected without the supervision of the Board or Municipal
staff.
5. The Board reserves the right to enter onto the lot or plot and remove any marker
or other structure, or any inscription placed in or upon any lot or plot which is not
in keeping with the dignity and decorum of the cemetery.
6. Markers may be scratched or chipped by equipment during regular maintenance
of the Cemetery grounds and the operator shall not be held responsible for such
damage.
7. Should any monument or marker present a risk to public safety because it has
become unstable, the cemetery operator shall do whatever it deems necessary by
way of repairing, resetting, or laying down the monument or marker or any other
remedy so as to remove the risk.
8. No memorial or other structure shall be erected or permitted on a lot until all
charges have been paid in full.
9. No monument, footstone, marker or memorial of any description shall be placed,
moved, altered, or removed without permission from the cemetery operator.
10. The cemetery operator will take reasonable precautions to protect the property of
interment rights holders,but it assumes no liability for the loss of, or damage to,
any monument, marker, or other structure, or part thereof.
11. The cemetery operator reserves the right to determine the maximum size of
monuments, their number and their location on each lot or plot. They must not be
of a size that would interfere with any future interments.
12. All foundations for monuments and markers shall be contracted to be built at the
expense of the interment rights holder.
13. The cemetery operator reserves the right to remove at its sole discretion any
marker, monument, or inscription which is not in keeping with the dignity and
decorum of the cemetery as determined by the Board.
4:. A monument or other structure shall be erected only after the location has been
marked and the hole for the foundation inspected by the cemetery operator or
municipal staff.
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15. In keeping with the cemetery by-laws only one monument shall be erected within
the designated space on any lot.
16. No monument shall be delivered to the cemetery for installation until the
monument foundation has been completed.
17. Markers and footstones of bronze or granite are permitted with size and quantity
restrictions according to cemetery by-laws and the placement of such memorials
shall not interfere with future interments.
18. All single lots are a minimum size of 3' x 8'.
SECTION I CANCELLATION OR RESALE OF INTERMENT RIGHTS
1. Purchasers of interment rights acquire only the right to direct the burial of human
remains and the installation of monuments, markers and inscriptions, subject to
the conditions set out in the cemetery by-laws.
2. In accordance with cemetery by-laws, no burial or installation of any monument,
marker, inscription or memorialization is permitted until the interment rights have
been paid in full. An interment rights certificate will be issued to the interment
rights holder when payment has been made in full.
3. The purchase of interment rights is not a purchase of Real Estate or real property.
4. An interment rights holder wishing to resell their interment rights shall advise the
cemetery operator of their intention prior to seeking a third party buyer for their
interment rights.
Cancellation of Interment Rights within 30 Day Cooling-Off Period:
1. A purchaser has the right to cancel an interment rights contract within thirty(30)
days of signing the interment rights contract,by providing written notice of the
cancellation to the cemetery operator.
2. The cemetery operator will refund all monies paid by the purchaser within thirty
(30) days from the date of the request for cancellation.
If any portion of the interment rights has been exercised, the purchaser, or the
interment rights holder(s) are not entitled to cancel the contract or re-sell the interment
rights.
Resale of Interment Rights after 30 Day Cooling-Off Period:
1. Unless the interment rights have been exercised the purchaser retains the right to
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re-sell the interment rights.
2. Once payment for the interment rights has been made in full, and an interment
rights certificate has been issued, the interment rights holder(s), as recorded on the
cemetery records, has the right to re-sell the interment rights.
3. Any resale of the interment right shall be in accordance with the requirements of
the cemetery by-laws and in keeping with the FBCSA.
4. If any portion of the interment rights has been exercised, the purchaser, or the
interment rights holder(s) are not entitled to re-sell the interment rights.
Care and Maintenance Fund Contributions:
1. As required by sections 166 and 168 of Regulation 30/11, a percentage of the
purchase price of all interment rights, and a prescribed amount for monuments
and markers is contributed into the care and maintenance fund.
2. Income from this fund is used to provide only general care and maintenance of the
cemetery.
3. Contributions to the care and maintenance fund are not refundable except when
interment rights are cancelled within the 30 day cooling off period.
Permission to re-sell interment rights to a third party:
NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT
THROUGH THE CEMETERY OPERATOR.
The cemetery operator chooses to permit the interment rights holder(s) to re-sell the
interment rights to a third party in accordance with the cemetery by-laws and the FBCSA.
Requirements when resale of interment rights is permitted by the cemetery operator
The interment rights holder(s) intending to sell their rights shall provide the
following documents to the cemetery operator so that the operator can confirm the
ownership of the rights and provide the third party purchaser with the required certificate:
1. an interment rights certificate endorsed by the current rights holder;
2. a written statement of the number of lots that have been used in the plot and the
number of lots that remain available (No sale of interment rights is permitted if any of
the interment rights have been used);
3. any other documentation in the interment rights holder(s) possession relating to the
rights.
BIL 2012-066 17
If no interment rights have been used, the third party purchaser will be provided with the
following documents by the cemetery operator:
1. an interment rights certificate endorsed by the current rights holder;
2. a copy of the cemetery's current by-laws;
3. a copy of the cemetery's current price list;
4. any other relevant documentation in the cemetery operator's possession relating to the
rights.
The cemetery operator will require:
1. a resale endorsement(Schedule "C") signed by the rights holder(s) selling the
interment rights, acknowledging the sale of the interment rights to the third party
purchaser;
2. confirmation that the person selling the interment rights is the person registered on the
cemetery records and that they have the right to re-sell the interment rights;
3. the date of resale of the interment rights to the third party;
4. the name and address of the third party purchaser(s);
5. a statement of any money owing to the Cemetery Operator in respect to the interment
rights.
Once the endorsed certificate and all required information has been received by the
cemetery operator from the rights holder(s), the cemetery operator will issue a new
interment rights certificate to the third party purchaser.
Upon completion of the above listed procedures, and upon the issuance of the new
interment rights certificate, the third party purchaser or transferee(s) shall be considered
the current interment rights holder(s) and the resale or transfer of the interment rights
shall be considered final in accordance with the cemetery by-laws and the FBCSA.
The cemetery operator may charge an administration fee for the issuance of a new
certificate in accordance with the price listed on the cemetery operator's current price list.
When the cemetery operator does not prohibit the resale of interment rights, the
operator may repurchase the interment rights portion from the rights holder(s) by
negotiating a purchase price, so long as the seller acknowledges being aware of the
cemetery operator's current price list amount for interment rights.
SECTION J CONTRACTOR/MONUMENT DEALERS
Any contract work to be performed within the cemetery requires the written pre-approval
of the interment rights holder and the cemetery operator before the work may begin.
Pre-approval includes but is not limited to landscaping, delivery/installation of
foundations, monuments and markers, inscriptions, designs, drawings,plans and detailed
specifications relating to the work,proof of all applicable government approvals and
permits and the location of the work to be performed. It is the responsibility of all
BIL 2012-066 18
contractors to report to the cemetery operator and provide the necessary approvals before
commencing work at any location on the cemetery property.
Prior to the start of any said work, contractors must provide proof of:
WSIB coverage; and
Evidence of liability insurance of not less than $2 million.
1. All cemetery by-laws apply to all contractors for all work carried out within the
cemetery grounds.
2. Contractors, monument dealers and suppliers shall perform work at the cemetery
during the regular visitation hours of the cemetery.
3. Contractors shall temporarily cease all operations if they are working within 100
metres of a funeral, until the conclusion of the service.
4. The cemetery reserves the right to temporarily cease contractor operations at their
sole discretion if the noise of the work being performed by the contractor is
deemed to be a disturbance to any funeral or public gathering within the cemetery.
5. Contractors, monument dealers and suppliers shall lay wooden planks on the
burial lots and paths over which heavy materials are to be moved in order to
protect the surface from damage.
Schedules "A"to "F" are attached hereto and forming part of this by-law.
This By-law shall be in full force and effect upon approval of the Registrar, Cemeteries
Regulation Unit, Ministry of Consumer Services.
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APPROVED BY THE REGISTRAR, CEMETERIES REGULATION UNIT,
MINISTRY OF CONSUMER SERVICES THIS DAY OF
2012.
CONTRACT
FOR PURCHASE OF
INTERMENT RIGHTS
OR CEMETERY SUPPLIES OR SERVICES
The Corporation of the Municipality of Bayham
Box 160,9344 Plank Road, Straffordville,ON NOJ 1Y0
Telephone: 519-866-5521
Cemetery operator License#3267732
In Name and Address of Cemetery
CONTRACT INFORMATION
Contract Reference#
Date of issue
PURCHASER INFORMATION
Name
Address
Municipality Province Postal Code
Telephone e-mail address
Purchaser's relationship to the Recipient(s)
RECIPIENT#1 INFORMATION RECIPIENT#2 INFORMATION
Name Name
Address Address
Municipality Municipality
Province Province
Postal Code Postal Code
Telephone Telephone
Date of birth Date of Birth
Place of birth Place of Birth
This contract is between the Purchaser:
AND
The Corporation of the Municipality of Bayham
concerning cemetery Interment Rights for the recipient(s) as identified in this contract.
The Purchaser(if different than the Recipient(s)represents being legally authorized or charged with
the responsibility for the Recipient(s) cemetery Interment Rights and cemetery pre-paid supplies and
services arrangements specified in this contract. This agreement will be enforceable to the benefit of
and be binding upon the parties hereto and their respective heirs,heirs, executors; administrators,
successors, and assigns.
Interments Rights per single lot may include: One(1) full size traditional interment and one (1)
cremation interment,provided the first interment is in a vault, or up to four(4) cremation interments, at
a depth that permits two feet of earth to cover the top burial. The purchase price permits one interment
only in a lot. Each additional interment is subject to an additional fee as may be in place at time of
such interment.
To be made in DUPLICATE
Schedule"A"to B/L 2012-066 _2-
Any burial of an additional interment rights holder subsequent to the initial burial may be placed only
if interment rights have been granted by the interment rights holder and after the applicable interment
fee has been paid to the cemetery operator.
ITEMS PURCHASED:
Interment Rights description:
Location
Block Section/Grave(s): Row Space
No. of graves(s) Dimensions per lot Area of square feet.
Care and Maintenance Fund contributions from purchase of interment rights:
(Example: The Purchase Price of$600.00(six hundred dollars)per lot includes $300.00 to the Care
and Maintenance Fund.)
#Adult Lot(s)purchased: at$600.00 each, equals
which includes $ to Care and Maintenance Fund.
Plus Services:
Identification&marking of lot for burial
Identification&marking of lot for marker placement
PIacement of up to four corner markers provided by interment rights holder
Duplicate Interment Rights Certificate—Transfer
Duplicate Interment Rights Certificate--Resale
Interment Permission Form No charge
Cremation fee for opening&closing grave
Fee for each additional interment in a Iot
Extra copy of Cemetery By-law/Booklet
For a contract total of$
It is agreed between the parties that this contract is subject to the Cemetery By-laws of the
Municipality of Bayham and the Purchaser hereby acknowledges receipt of a copy of the By-laws and
the "Terms & Conditions of Contract"attached have been read and understood.
Ordered by: Cemetery Representative:
(Purchaser Signature)
Date: Address:
Telephone#:
Schedule"A"to B/L 2012-066 -3-
TERMS & CONDITIONS OF CONTRACT
1. THE FOLLOWING TRUSTING PROVISIONS ARE IN EFFECT:
Per each Adult Lot: 40%of the Purchase price or$300,whichever is greater
2. CONTRIBUTION TO CARE AND MAINTENANCE FOR MARKER INSTALLATION:
Flat marker 173 square inches or more: $50.
Upright monument up to 4 feet in height or width $100.
Upright monument more than 4 feet in height or width $200.
3. A CONTRACT FOR THE PURCHASE OF INTERMENT RIGHTS INCLUDES:
• In accordance with the cemetery By-law 2012-066,the following restrictions on the exercising of
interment rights and documents required are: As per Section"F"Interment.
• If an interment rights holder desires to transfer an interment right,the rights holder shall give notice
on the appropriate form Schedule"E"to the cemetery owner and return the original interment rights
certificate. The cemetery owner shall issue a new interment rights certificate to the Transferee.
• In accordance with By-law 2012-066,the following restrictions on the transfer of interment rights
apply: as per Section"E"Operations III(1), (2)and(3).
• The resale of interment rights after 30 days by the purchaser or interment rights holder,as
applicable,to a third party is now permitted. Please refer to Section "I"Cancellation or
Resale of Interment Rights.
NOTE:ALL THIRD PARTY RESALES OF INTERMENT RIGHTS SHALL BE CARRIED
OUT THROUGH THE CEMETERY OPERATOR.
4. CANCELLATION OF CONTRACT
• If the above Interment Rights have been paid for in full,have not been used, and the
Interment Rights Certificate has not been issued, the Purchaser may, in writing to the
owner, within thirty(30)days from the signing of the contract, cancel this contract and
receive a full refund.
• If the above Interment Rights have been paid for in full,have not been used, and the
Interment Rights Certificate has been issued,the Interment Rights Holder(s)may, in writing
to the owner,within thirty(30) days from the signing of the contract, cancel this contract
and receive a full refund.
The Purchaser or Interment Rights Holder,as applicable,may in writing to the owner,within thirty
(30)days from the signing of the contract cancel prepaid supplies and services,provided they are
paid in full,and receive the refund.
5. RESALE OF INTERMENT RIGHTS AFTER 30 DAY COOLING-OFF PERIOD&PRICE
• Unless the interment rights have been exercised the Purchaser or Interment Rights Holder,
as applicable,retains the right to re-sell the interment rights.
• A Purchaser or an Interment Rights Holder cannot re-sell their Interment Rights for more
than the current value on the cemetery price list.
Schedule"A"to B/L 2012-066 -4-
• The cost for the cemetery operator to complete and provide a new Interment Rights
Certificate upon resale is $75.
6. SUBDIVISION OF INTERMENT RIGHTS
• No Purchaser or Interment Rights Holder(s)may sub-divide and sell or transfer a portion of
an Interment Rights.
7. MEMORIALIZATION
• The purchase of a lot permits placement of a maximum of one upright monument only
centered on 1 traditional interment plus 1 cremation or on up to 4 cremations only, subject
to approved by-laws.
• Care and Maintenance Fund Contribution for Marker and Monument Installation: In
accordance with the FBCSA and Ontario Regulation 30/11, the following contributions will
be made to the Care and Maintenance Fund for every installation of a marker or monument:
(a) In the case of installing a flat marker measuring less than 1,116.3 sq.m. (173 sq.in.)
$0.00
(b) In the case of installing a flat marker measuring over 1,116.3 sq.m. (173 sq.in.)
$50.00
(c) In the case of installing an upright monument measuring more than 1.22 m. (4 ft.)
Or less in height or length, including the base$100.00
(d)In case of installing an upright monument measuring more than 1.22m. (4 ft.) either
In height or length, including the base$200.00
• Interment Rights Holder(s)request to remove memorialization: A marker,monument,
or memorialization purchased and/or installed by anyone other than the Rights Holder(s).
may be removed by the cemetery staff on the written request of the Rights Holder(s).
8. PAYMENT TERMS
• Payment in full is required at time of purchase. Full payment must be made before
any burial or memorialization can take place. An Interment Rights Certificate will
not be issued until the Interment Right(s)has been paid in full. An Interment Rights
Certificate(s)will be issued within 14 days of full payment and signing of the contract
by the operator.
9. CAUSES BEYOND THE CEMETERY OPERATOR'S CONTROL
• The cemetery operator cannot be responsible if unable/prevented from carrying out this
contract due to causes beyond its control.
Privacy Policy
Personal Information: The Purchaser acknowledges and provides consent to permit the Corporation of
the Municipality of Bayham to collect, use and disclose your personal information in accordance with
the requirements under the FBCSA and Ontario Regulation 30/11 for information within the municipal
owned cemeteries public register. The Purchaser also understands that the Corporation of the
Municipality of Bayham does not rent or sell personal information to third party organizations.
Schedule"A"to B/L 2012-066 -5
Consumer Information Guide and cemetery price list: By initialing below, the purchaser
acknowledges receiving a copy of the Ontario Government's Consumer information Guide (where
made available by the Registrar) and the cemetery price list at the time of entering into this contract.
{_} I hereby acknowledge I have been offered and/or received a copy of the Ontario Government's
Consumer Information Guide and the Cemetery Price List.
I have reviewed the Contract's terms and conditions and hereby confirm that the Interment Rights, as
specified in this contract are complete and correct. I direct the operator to proceed with the sale of the
Interment Right(s),as identified in the contract in accordance with the cemetery by❑laws which are
now or at any time hereafter in force.
{_} I hereby acknowledge I have received and reviewed a copy of the cemetery's by❑laws.
The Terms and Conditions set out in this contract expire within 30 days unless executed by the
purchaser and the operator. The contract date set out below is the date on which this contract is
accepted by the operator.
{ } I acknowledge having received a copy of this contract, and assume full responsibility for payment
of the total contract amount to the operator in accordance with the contract's terms and conditions.
Purchaser: Date:
Accepted on behalf of the Operator by:
Name: Date:
� MUNICIPALITY OF BAYHAM
_ 9344 Plank Road, Straffordville,ON NOJ 1YO
Telephone 519-866-5521
Schedule"B"to BIL 2012-066
INTERMENT RIGHTS CERTIFICATE
Certificate#: Operator License#3267732
Pursuant to the Cemeteries Act and Regulations and all amendments thereto, BETWEEN:
The Municipality of Bayham
Cemetery Name and
Address Here
hereinafter called"The Cemetery Operator"
AND:
Interment Rights Holder, hereinafter called the"Purchaser"
In consideration of the sum of Dollars ($ ), receipt of
which is hereby acknowledged, and which included the sum of Dollars
($ ), for Care and Maintenance which is deposited with the Municipality of Bayham, the
Cemetery Operator agrees to assign the Purchaser the Interment Rights as follows:
Section: Block: Plot#
Row: Grave(s)/Lot(s): Area of square feet.
Date of Purchase or Transfer:
The Purchaser,by acceptance of this indenture indicated that the By-law(s) governing the operation of
the cemetery have been received and read and agrees to be guided by the said By-law(s) as well as the
provisions of the Funeral, Burial and Cremation Services Act, and Regulations thereto as if these were
included as part of this indenture.
The Purchaser agrees that in the event of resale or transfer of the said Internment Rights, this certificate
cannot be transferred but will be returned to the Cemetery Operator who will issue a new certificate to
the Transferee.
With respect to the erection or installation of markers, the Purchaser agrees to abide by the by-law(s)
of the cemetery, wherein restrictions on the erection or installation of markers are given and by which
a copy of the by-law(s) have been provided to the Purchaser.
In WITNESS whereof the Cemetery Operator has affixed its signature by the hands of its proper
signing officer this day of in the year
Signature: Name:
Address:
To be made in DUPLICATE(Issue one certificate for each lot sold)
2012
RESALE ENDORSEMENT OF INTERMENT RIGHTS Schedule "C"to B/L 2012-066
Part 1 —Rights Holder(s) Endorsement of Resale
I/we, the Interment Rights Holder(s)registered on the cemetery records, hereby wish to sell the
Interment Rights in Row , Section Lot(s) in the
Cemetery at , to the third party purchaser(the
"Transferee(s)"
I/we certify that the Interment Rights are being resold in accordance with the Funeral Burial and
Cremation Services Act, 2002 (FBCSA) and Ontario Regulation 30/11, and the Cemetery By-
law(s). I/we further certify that the resale is for an amount no greater than the value on the
cemetery price list in effect, at the time this resale is completed. Uwe hereby acknowledge and
direct the Cemetery to resell the Interment Rights to the Transferee(s)
listed below.
Signed:
Rights Holder
[Note: If there are more than one Rights Holder, all living Rights Holders shall sign the
endorsement certificate.]
Part 2—Acknowledgement of Transferee(s)
Uwe the Transferee(s) acknowledge that we have received a current copy of the Cemetery By-
laws from the Rights Holder(s). Uwe have reviewed the Cemetery By-laws as they may apply to
the Interment Rights and hereby agree to abide by the Cemetery By-laws and certify that I/we
meet all necessary qualifications and restrictions under those By-laws. I/we have been informed
by the Rights Holder(s) that the Interment Rights being resold contains lot(s), and that no
lot(s)have been utilized and said lots remain available for future use.
Transferee's Name:
Address:
City: Province: Postal Code
Signed:
[Note: If there are more than one transferee, all transferees should be listed in full on the
endorsement certificate in order to register their names and addresses on the cemetery records.]
Part 3—Cemetery Operator Acknowledgement and Acceptance of the Resale
Cemetery hereby confirms that the cemetery records have been
reviewed and that the above Rights Holder(s) are registered on the cemetery records and have the
authority to resell the Interment Rights to the Transferee(s). It is also confirmed that no monies
are owing by the Rights Holder(s) to the Cemetery in respect of the
Interment Rights. Cemetery hereby accepts and confirms that the
resale has been recorded on the cemetery records and have issued a new Interments Rights
Certificate in the name of the Transferee(s).
Accepted on behalf of the Cemetery
Licensee: License#3267732
Date of Resale: Resale Transfer Fee: $75.00
Schedule"D"to B/L 2012-066 r of 1
MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville,ON NOJ 1YO
Telephone 519-866-5521
INTERMENT PERMISSION FORM
Regarding the Cemetery at
Plot Row
Section: Block: Grave:
Certificate#
I/We of
Address: Telephone:
hereby authorize the burial of
in the above noted lot.
I acknowledge the following interment requirements (Section F#5, 6 & 7):
I. No more than two interments may be made in the same lot, and the first interment must be in a
concrete vault. Installation of a concrete vault, for safety precautions, is recommended for all
interments other than cremations.
2. No more than one interment may be made in a lot if a second interment would leave less than
two feet of earth at the surrounding ground level, over the case used in such second interment.
3. No more than four(4) cremation interments, if placement allows, shall be made in the regular
lots.
In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing
officer this day of in the year
Signature of Interment Rights Holder
(Both if Joint certificate holders only)
Signature of Interment Rights Holder
For Cemetery Operator:
Office:
Address:
Telephone#: _
2012
Schedule"E"to B/L 2012-066 1 of 1
MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville,ON NOJ 1Y0
Telephone 519-866-5521
TRANSFER FORM
Regarding the Cemetery at
Lot Row
Certificate#
I/We of
Address: Telephone:
hereby authorize the transfer of the above noted lots)made without consideration, as a gift to:
Name(s)
Address
Telephone:
I/We hereby relinquish all rights to the above lot(s) and submit the original copy of the Interment
Rights Certificate and request that the Cemetery Operator issue a new certificate in the above noted
name(s).
In WITNESS whereof the Cemetery Operator has affixed its signature by the hands of it's proper
signing officer this day of in the year
Signature of Interment Rights Holder (Both if Joint Certificate Holders only)
Transfer Fee: $
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
2012
Schedule"F"to B/L 2012-066 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NOJ 1Y0
Telephone 519-866-5521
Website: www.bavham.on.ca Email: bavham(14bavham.on.ca
REPURCHASE OF INTERMENT RIGHTS REQUEST FORM
Regarding the Cemetery
Lot Row
Certificate#
I/We of
Address: Telephone:
hereby request the repurchase of the above noted lot(s)by the
Cemetery Board
and a negotiated refund agreed to in the amount of$
I/We hereby submit the original copy of the Interment Rights Certificate and upon receipt of the
Repurchase Price, I/we hereby relinquish all rights to the above lot(s).
In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing
officer this day of in the year
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Operator:
Office:
Address:
Telephone#:
THIS FORM TO BE USED ONLY WHEN THE CEMETERY OPERATOR CHOOSES TO
NEGOTIATE THE REPURCHASE OF INTERMENT RIGHTS
2012