HomeMy WebLinkAboutBy-law No. 2000-027 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NUMBER 2000—27
Being a by-law to provide for the maintenance, management and control
of Cemeteries under the jurisdiction of the Municipality of Bayham in
accordance with the Cemeteries Act, R.S.O. 1990, c. C.4.
This by-law acknowledges the following cemeteries for which the Municipality of
Bayham is responsible for management, maintenance and control:
With Boards
Bayham West(Richmond) Best(Corinth) Calton Eden
Dobbie Guysboro Smuck Straffordville
Without Boards
Claus Edison Firby Light Old Eden
Old Richmond(Godwin) Otter Valley Stanton Amerman
Hutchison Hemlock Creek Abandoned
(Old)Port Burwell (Esterville) (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. The provisions of any and all By-laws and amendments thereto pertaining to
cemeteries under the jurisdiction of the former Township of Bayham are hereby
repealed.
2. This by-law shall be composed of nine sections, 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
Schedules A, B, C, D, E, F, G
SECTION A: DEFINITIONS
"ACT" shall mean the Cemeteries Act, R.S.O. 1990, c. C.4.
"BOARDS" shall mean the Cemetery Board(s) appointed by the Council
of the Corporation for terms as outlined in the Organization
Structure Schedule "A" as attached.
"BY-LAW" 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 shall mean that trust fund in which all monies received
MAINTENANCE by the Corporation for perpetual care of lots or plots and
FUND" markers has been invested.
By-law 2000-27 2
SECTION A: DEFINITIONS (Continued)
"CARETAKER" shall mean the person or persons appointed by the Board(s)
as caretaker of the Cemetery(ies).
"CEMETERY" shall mean the land set aside to be used for the interment of
human remains and includes a columbarium or other
structure intended 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 for a marker;
(IV) setting of corner posts;
(V) providing temporary storage in a receiving vault;
"CEMETERY shall mean interment vaults, markers, liners, flowers,
SUPPLIES" artificial wreaths, and other articles intended to be placed in
a cemetery.
"CLERK" shall mean the Clerk of the Corporation of the Municipality
of Bayham.
"COLUMBARIUM" shall mean a structure designed for the purpose of interring
cremated human remains in sealed compartments.
"CONTRACT" shall mean an Application for the purchase of Interment
Rights or Cemetery Supplies or Services within
cemetery(ies)under the governance of the Municipality of
Bayham, attached as Schedule"B".
"CORNER POSTS" shall mean any stone or other land marks set flush with the
surface of the ground and used to indicate the corners 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.
"INTER" shall mean the burial or interment in a Cemetery, of the
body or remains of a human being.
"INTERMENT shall mean the form to be completed by the Interment
PERMISSION Rights Holder(s)to designate, in writing, if another
FORM" person is to be buried in their lot or plot, attached as
Schedule "D".
"INTERMENT shall mean the Certificate issued to the Interment
RIGHTS Rights Holder by the Cemetery and shall include
CERTIFICATE" the name of the Interment Rights Holder,the location and
dimensions of the lot or plot, the date on which the
interment rights axe purchased,the amount paid by the
purchaser,the amount deposited into the Care and
Maintenance Fund, and a statement regarding transfer
restrictions of said interment rights, attached as Schedule
"INTERMENT RIGHTS" shall include the right to require or direct the interment of
human remains in a lot or plot.
By-law 2000-27 3
SECTION A: DEFINITIONS (Continued)
"INTERMENT RIGHTS shall mean a person with interment rights with respect to a
HOLDER" lot or plot, and said Interment Rights Holder shall be listed
in the records of the Cemetery.
"LOT" shall mean an area of land in a cemetery containing, or set
aside to contain, human remains and includes a niche or
compartment in a columbarium.
"MARKER" shall mean any monument, tombstone,plaque, headstone,
or other structure or ornament affixed to or intended to be
affixed to a lot or plot, columbarium niche or other
structure or place intended for the deposit of human
remains.
"MINISTER" shall mean the Minister of Consumer and Commercial
Relations for the Province of Ontario.
"PLOT" shall mean two or more lots in which the rights to inter
have been sold as a unit.
"REGISTRAR" shall mean the Registrar appointed under the Cemeteries
Act, R.S.Q., 1990, c. C.4.
"REPURCHASE" shall mean the repurchase of unused lot(s)by the cemetery
owner upon written demand of the Interment Rights Holder
for the purchase price less any amount set aside for care
and maintenance. A form attached as Schedule "G"may
be used for this purpose.
"STRUCTURE" shall mean the Organization Structure for Cemeteries under
the jurisdiction of the Municipality of Bayham, attached as
Schedule"A"
"SECRETARY- shall mean the Secretary-Treasurer of the individual
TREASURER" Cemetery Board(Committee) as outlined in the
Organization Structure for Cemeteries under the
jurisdiction of the Municipality of Bayham, attached as
Schedule "A".
"TARIFF" shall mean the tariff or fees and charges set forth in the fee
schedule as approved by the Council and the Registrar,
attached as Schedule "E".
"TRANSFER FORM" shall mean the form to be completed for any transfer made
without consideration as a gift, attached as Schedule "F". _
"TREASURER" shall mean the Treasurer of the Corporation of the
Municipality of Bayham.
SECTION B: ADIMIINISTRATION
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 Schedule"A". 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.
By-law 2000-27 4
SECTION 13: ADMINISTRATION (Continued)
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 Committee.
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 may be prescribed or as the
Council may require.
SECTION C: FINANCIAL
1. All fees and charges shall be payable in accordance with the Tariff which shall be
set by the Council upon recommendation of the Joint Cemetery Board, subject to
the approval of the Registrar.
2. Payments for all fees and charges shall be made to the office of the Secretary-
Treasurer of the individual Cemetery Board or the 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 Committee
for general maintenance of markers.
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.
By-law 2000-27 5
SECTION C: FINANCIAL (Continued)
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
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 and shall not sell their lots or plots for remuneration.
3. 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.
4. Recreational vehicles are not permitted within the Cemetery.
5. 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.
6. 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 said flowers,plants, shrubs, or trees planted without the
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 9:30 p.m. and 7:00 a.m. the following
day;
f) allow entry into the Cemetery of any animal under their ownership and/or
control.
7. 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. 30 days written notice shall be given to an owner of a lot
wherein any of the above are situated prior to removal.
8. In order to preserve the appearance of the grounds, artificial wreaths must be
removed before April 1St of each year. Otherwise the cemetery authorities will
remove them.
9. Rubbish shall not be thrown out on roads, walks, or any part of the grounds. A
place is provided for the deposit of weeds, decayed flowers, plants, etc.
By-law 2000-27 6
SECTION D: RESTRICTIONS (RULES & REGULATIONS) (Continued)
10. No unauthorized person shall make any walk, cut any sod or move corner posts or
grave markers in the cemetery.
11. The Board shall not be responsible for loss of or damage to any portable articles
left upon any lot or grave.
12. Conveyances heavily loaded shall not be permitted to enter the Cemetery without
the approval and supervision of the Board.
13. 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.
14. 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.
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 Bayham shall provide a copy of the following:
a) copy of the Contract; and
b) copy of the Cemetery By-Law.
Upon payment in full,the Secretary-Treasurer or Clerk shall provide an Interment
Rights Certificate.
2. Purchasers of lots or plots acquire only the right and privilege of interment of the
dead 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 size of the lot or plot, the location of the lot or plot,the date of
purchase, the amount 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 of the purchase price being set aside for Care and
Maintenance;
e) the prohibition on the resale of the Interment Rights by the purchaser;
By-law 2000-27 7
SECTION E: OPERATIONS (Continued)
II Contract(continued)
f) the existence of a by-law that governs the operation of the cemetery and
includes restrictions on Interment Rights in the cemetery; and
g) a Certificate of Interment Rights will not be issued until the Interment
Rights have been paid in full.
III Transfers
1. Only licensed cemeteries can sell Interment Rights_
Sale:
If an individual wishes to sell their lot or plot,they must sell their Interment
Rights back to the Board. The Board will reimburse the individual the price paid
for the lot or plot less the amount placed into the Care and Maintenance Fund.
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 "F", 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
of Interment Rights is not binding upon the Board until a duly executed transfer
has been deposited with the Secretary-Treasurer or Clerk.
2. Upon receipt of a request, on the appropriate transfer form, attached as Schedule
"F", 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
a consent of all or a majority of the beneficiaries;
b) Intestate:
A request in writing from the administrator with the consent of all
or a majority of the heirs-at-law.
IV Corner Post
1. The boundaries of any new lot 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.
By-law 2000-27 8
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 or cremation permit,
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 15th of April and the 15th of December
unless otherwise authorized by the Board.
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 two cremation interments shall be made in the cremation lots (A
section for cremation lots only should be set aside for this to apply).
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.
SECTION G: DISINTERMENT
1. No disinterment shall be allowed in any lot or plot nor any body removed
therefrom unless in accordance with Section 51 of the Cemeteries Act.
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 a marker shall be 8 inches at its narrowest
point;
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 16
inches deep by 34 inches high, including the base;
By-law 2000-27 9
SECTION H: MARKERS (Continued)
2.
e) flat markers on a single lot shall not exceed 24 inches wide by 18 inches
deep;
f) all markers shall be made of granite or bronze;
g) no marker shall be allowed to stand on interment space in any lot or plot.
3. Markers to be erected shall be set upon adequate concrete foundation which shall
be no less than five feet in depth or the full depth of the grave 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
Board before the marker is erected thereon.
4. No marker shall be erected without the supervision of the Board.
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 Cemetery shall not be held responsible for such
damage.
7. The Board shall have the right to maintain, repair, remove or lay down markers or
parts of markers and to use or not to use the Care and Maintenance Funds for
Markers for such purposes.
This By-law shall be in full force and effect upon final passage.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH
DAY OF APRIL, 2000.
i ✓, 7 !!
MAYO' ERK
Schedule 'A"B/L 2000-27
CEMETERY BOARDS STRUCTURE & TERMS OF REFERENCE
1. Name
This board shall be called the Bayham Joint Cemeteries Board.
2. Purpose & Objectives
To co-ordinate and support the efforts in pursuing consistency among the individual
Bayham Cemetery Boards, and ensuring compliance with the requirements of the
Cemeteries Act as revised.
3. Structure
This Board shall consist of one(1)voting representative of each Bayham Cemetery
Board and one member from the Bayham Municipal Council.
4. Meetings
This Board shall meet annually, or as deemed necessary and mutually
agreed to by the individual Cemetery Boards.
5. Quorum
A quorum shall be 50% +1 of members.
6. Deputations
6.1 Shall be held at the beginning of each meeting.
6.2 All meetings shall go "In Camera" at the discretion of the Chairman, or a majority
vote of members present.
7. Election
7.1 Nominations for Officers shall be held in November or December for the
following year.
7.2 Year end shall be December 31. New Officers assume positions January 1.
8. Officers
8.1 Officers shall consist of a Chairman, and Vice-chairman, selected from alternative
individual cemetery board representatives each term, and holding office for a
three year term.
8.2 The Secretary of the Joint Board shall be a Municipal staff member appointed by
Council.
Cemetery Boards Structure - 2 - Schedule "A" B/L 2000-27
9. Duties of Officers
9.1 Chairman
Prepare a written agenda for each meeting (with the assistance of the secretary).
Call the meeting to order at the specified time.
Sign minutes upon approval.
Be organized and informed and conduct the meeting in an orderly manner.
Make announcements of interest to members.
Make him/herself aware of the business to come regularly before the meeting.
9.2 Vice-Chairman
Acts in the capacity of the Chairman in his/her absence.
9.3 Secretary
Keep accurate record of proceedings of meetings (minutes).
Prepare an agenda, with the assistance of the chairman.
See that old business is brought to the attention of the chairman.
Call the meeting to order in absence of Chairman and Vice-chairman, and
preside until a chairman is appointed, which should be immediately.
Assist with administrative/financial/ operating and capital budget preparation
and follow-up, as necessary, making her/himself available to provide
assistance at the request of individual cemetery boards.
INDIVIDUAL BAYHAM CEMETERY BOARDS
10. Purpose& Objectives
10.1 Individual Boards shall be established to be responsible for the maintenance and
operation of each of the following individual cemeteries in the Municipality of
Bayham and be known as:
The Straffordville Cemetery Board The Smuck Cemetery Board
The Eden Cemetery Board The Calton Cemetery Board
The Guysboro Cemetery Board The Dobbie Cemetery Board
The Best Cemetery Board (Corinth) The Bayham West Cemetery Board
10.2 The above Boards may initiate and undertake other projects, in regard to
cemeteries without any individual Board structure at this time, either individually
or jointly.
10.3 Other Municipal Cemeteries acknowledged as having no individual board
structure at this time include:
Light Edison (Pioneer) Claus Stanton
Firby Old Eden Godwin (Old Bayham) Otter Valley
Otter Valley Baptist (also known as (Old) Port Burwell or Esterville)
Amerman Abandoned Hemlock Creek Hutchison
Cemetery Boards Structure - 3 - Schedule "A" B/L 2000-27
11. Structure& Term
11.1 Each Cemetery Board shall consist of a minimum of three (3)volunteer members,
to be confirmed by by-law annually by the Council of the Municipality.
11.2 Appointment shall be for a one, two or three(1, 2 or 3)year term at the discretion
of the individual Board.
12. Meetings
12.1 Each Board shall meet on an as needed basis or a minimum of two (2)times a
year, at a time and place as agreed by the individual Board members.
12.2 Special meetings may be called by the Chairman or at the request of two Board
members.
13. Quorum
A quorum shall be 50% +1 of members.
14. Deputations
14.1 Deputations shall be held at the beginning of each meeting.
14.2 All meetings shall go "In Camera" at the discretion of the Chairman, or a majority
vote of members present.
15. Election
15.1 Nominations for Officers shall be held in November or December for the
following year.
15.2 Year end shall be December 31. New Officers assume positions January 1.
16. Officers
Officers shall consist of a Chairman, Vice-Chairman and a Secretary-treasurer, selected
from the volunteer members, holding office for a two year term, being eligible for re-
election, not to hold office for more than two (2)terms, at the discretion of the individual
Board.
17. Duties of Officers
17.1 Chairman
Prepare an agenda for each meeting (with the assistance of the Secretary-
treasurer).
Call the meeting to order at the specified time.
Be organized and informed and conduct the meeting in an orderly manner.
Make announcements of interest to members.
Cemetery Boards Structure - 4 - Schedule "A" BIL 2000-27
17. Duties of Officers (Continued)
17.1 Chairman
Make him/herself aware of the business to come regularly before the meeting.
17.2 Vice-Chairman
Acts in the capacity of the Chairman in his/her absence.
17.3 Secretary-Treasurer
Keep accurate record of proceedings of meetings (minutes).
Prepare an agenda, with the assistance of the Chairman.
See that old business is brought to the attention of the Chairman.
Keep a current list of members (forwarding a copy to the Municipal Council at
the beginning of each new term) and an attendance record.
If unable to attend a meeting, see that the minute book and other correspondence
and information are forwarded to the Chairman prior to the meeting.
Take charge of all documents belonging to the Board.
Call the meeting to order in absence of Chairman and Vice-Chairman, and
presides until an Acting Chairman is appointed, which should be
immediately.
Keep an accurate up-to-date record of income, expenses and balance on hand,
reporting regularly at meetings.
Make bank deposits, and pay invoices promptly, assuming responsibility for
all banking procedures, as authorized by the Board.
Prepare and submit annual information to the Municipal Office as required.
18. Members
18.1 Shall be volunteers
18.2 Shall be responsible to attend meetings regularly, at the appointed time
18.3 Shall support the purpose and objectives of the Board
18.4 No member shall exercise the right to more than one vote on any matter
18.5 Shall be eligible for reappointment to the Board
19. New Members
19.1 Each Board shall recommend names of volunteers to Council for appointment to
the individual Board.
20. Absentee
If members miss more than two (2) consecutive meetings except for health or
special circumstances, the remaining members of the individual Board may
request Council to appoint a recommended replacement for the remainder of the
term.
By-law 2000-27 Schedule"B" 1 of 2
CONTRACT
FOR PURCHASE OF
INTERMENT RIGHTS
OR CEMETERY SUPPLIES OR SERVICES
In Cemetery
Owned by: The Municipality of Bayham
Box 160, 9344 Plank Road
Straffordville, Ontario NOJ LY0
Telephone 519-866-5521
Bill To: Certificate
Rights To:
Telephone# (Home) (Work)
Deceased(At Need Only):
Place of Death: Date of Death:
Lot Identification: Row: Lot:
Funeral Director:
Interment Rights
Adult Lot(s): Row: Area of Sq Ft $
Child Lot(s): Row: Area of Sq Ft $
Cremation Lot(s): Row: Area of Sq Ft $
Sub-total(Interment Rights) $ s
Amount to Care and Maintenance: $
Repurchase Price: $
Services/Supplies At-Need Pre-Need
Interment Fees $
Markers $
Sub-total(Services/Supplies) $
Amount to Care and Maintenance(Markers) $
Total Costs $
It is agreed between the parties that this contract is subject to the Cemetery By-law(s)of the Municipality of
Bayham and the Purchaser hereby acknowledges receipt of a copy of the By-law(s) and the "Conditions of
Contract"attached have been read and understood.
Ordered by: Cemetery Representative:
(Purchaser)
Address:
Telephone#:
By-law 2000-27 Schedule"B" 2 of 2
CONDITIONS OF CONTRACT
1. THE FOLLOWING TRUSTING PROVISIONS ARE IN EFFECT:
Adult Lot: 40%of the Purchase price or$ 150,whichever is greater
Child/Infant Lot: 40%of the Purchase price
Cremation Lot: 40%of the Purchase price
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:
• The right of the purchaser,brotinendealinit to request the cemetery owner to repurchase the
rights before they are used.
• The cemetery owner shall repurchase the interment rights within thirty days from the date the
written demand was received.
• The repurchase price of interment rights shall be determined by establishing the amount paid by the
purchaser for the rights less the amount that the cemetery owner paid into the Care and Maintenance
Fund, or the predecessor of such a fund, in respect of the interment rights.
• In accordance with the By-law(s) of the cemetery,the following restrictions on the exercising of
interment rights and documents required are: As per Section"F"Interment.
• If a purchaser desires to transfer an interment right,the purchaser shall give notice on the
appropriate form Schedule"F"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 the By-law(s)of the cemetery,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 by the purchaser is prohibited.
4. A CONTRACT FOR THE PURCHASE OF PRE NEED SUPPLIES OR SERVICES INCLUDES THE
FOLLOWING CANCELLATION RIGHTS:
• The purchaser has the right to cancel within the thirty day period following the day that the contract
is made.
• The purchaser's right to cancel survives the thirty day period until such time as the cemetery owner
provides the cemetery supplies and services.
• The cemetery owner shall not provide the cemetery supplies and services until expiry of the thirty
clay period immediately following the day the contract is made.
• The purchaser must pay the service fee required under the Cemeteries Act if the right to cancel the
contract is exercised more than thirty days after the contract is made. Such service is the lessor of
10%of the amount paid by the purchaser for the pre-need supplies or services,together with any
income earned by the cemetery owner on the 10%since the purchase or$200.
File: Comm/Cemtry/Contract
By-law 2000-27 Schedule"C" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NOJ 1Y0
Telephone 519-866-5521
INTERMENT RIGHTS CERTIFICATE
Certificate#
Pursuant to the Cemeteries Act and Regulations and all amendments thereto, BETWEEN:
The Municipality of Bayham
Operating Cemetery
hereinafter called "The Cemetery Owner"
AND:
hereinafter called the "Purchaser"
In consideration of the sum of Dollars ($ ), 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 Owner agrees to assign the Purchaser the Interment Rights as follows:
In Cemetery:
Row: Lot(s): _ Area square feet.
Date of Purchase:
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 Cemeteries Act as if these were included as part of this indenture.
The Purchaser agrees that in the event of transfer of the said Internment Rights, this certificate cannot
be transferred but will be returned to the Cemetery Owner 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
by-law(s) are attached hereto.
In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing
officers this day of in the year of our Lord,
As per: Address:
Office: Telephone#:
File: Corm/Cern/Cuff
By-law 2000-27 Schedule"D" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NOJ 1Y0
Telephone 519-866-5521
INTERMENT PERMISSION FORM
Regarding the Cemetery
Lot Row
I/We of
cl di es s, Telephone:
hereby authorize the burial of
in the above noted lot.
I acknowledge the following interment requirements (Section F # 6, 7,& 8):
1. 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 two cremation interments shall be made in the cremation lots. 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 of our Lord,
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
File: CommlCemtry/Permission
By-law 2000-27
Ministry,of Ministere de la Cemeteries 555 Yong°St. Schedule "E" Cemetery Price List
Consumer and Consommation Regulation 5th Floor
Commercial et du Toronto ON M7A 2H6 (Filed with the OntarioMinistry of Consumer and Commercial
Ontario Relations Commerce Rcgiementation des Relations under The Cemeteries Act)
cimetieres 555,rue Yonge
5e etage Tarif des frals de clmeticre
Toronto M7A 21-16
(416)32s6-e3g2 (Depose au minister°de la Consommation et du
{4t s} Commerce an vertu de la Loi sur les cimetieres)
Cemetery/Cimetiere
* '_tl - a - - . . . ' • c e - U I i • •.
• C . n
Mailing Address/Adresse postale
__ PO Box 160 9344 Plank Road Straffordville ON NOJ 1Y0
Every owner must file with the Registrar s price list of all interment tights and cemetery services and supplies that the cemetery reserves exclusive
rights.!Cheque proprietalre dolt enregistrer un terif des frets pour tous drolts d'Inhumation,services et fournitures de clmetlere dont Is clmetlire
reserve les drolts exclusifs.
1. SALE OF INTERMENT RIGHTS and care and maintenance
VENTE DE DROITS D'INHUMATION et entretien:
Selling Price/Prixde vente
Sectiory No.of Lots/ Size/ Interment Rights/ Care and Maintenance/ Other/ Total Selling Price/
Section N'de lots Dimensions Droits d'inhumation Entretien Autres Prix de vente total
x
All 1 3 x 8 175 150 325
minimum
x
x
x
2. INTERMENT(charges to open and close grave and provide lowering device and grave dressing)!
INHUMATION(frais d'ouverture et de fermeture du tombeau,d'ensevellssement et d'installatlon de la tombe):
a)Adult--standard/Ad/rite-standard $ e)cremated remainslcremation $
b)Adult-extra deep!Aduite-tres profond$ f)mausoleum crypt/crypte de mausolea $
c)Child/enfant $ g)columbarium niche/niche de columbarium $
d)Infant/Mimi $
3, CREMATION/CREMATION:
a)Cremation Fee/Frias de cremation $ 100 c) $
For others,please specify/Pour autres,veuillez preciser: d) $
b) $ e) $ ,..- -
4. PREPARING FOUNDATION (for upright monument)IPREPARAT1ON DES FONDA TIONS(pour un monument):
$ per square/cubic ft.(par cubecarr°) Minimum/(minimum)$
Please specify depth if measurement is in cubic ft./Veuillez preciser profondeur,si dimensions sont en cube/carrr
5. SETTING/DAM/TAT/ON:
a)Marker/Marque x $ '=. -_ x $ Minimum'Minimum$
b)Corner postsiPofeaux de coin$
6. EXTRA CHARGES(for interment):/FRAiS SUPPLEMENTAIRES(pourl'lnhumation):
a)Winter interment/inhumation en hiver $ 30
b)Late funeraVEnterrement tardif:
after/apres p.m.weekdays/h en semaine
after/apres a.m.Saturdays/h Is samedi $
c) Concrete liner installed/Installation de la doublure en beton $ - --
d) For burying oversize casket/Mise en tame d'un grand cercuell $
e) For burying oversize vault/Mise en terra d'un grand caveau $
f) Rental of Tent/Location d'un dias$ Chairs/Fauteuil $
g) ChapeUChapefle$ Matling/Tapis $
h) Use of Storage vault/Utilisation d'un caveau d'entreposage $
For others,please specify/Pour autres,veuillez preciser:
i) $
I) $ —
k) $
7. DISINTERMENT/EXHUMATION:
a)casket only/du cercuell seulement$ b)casket in vault/du cercueil dans un caveau$ c)from crypvd'une crypte$
8. SUPPLIESIFOURNITURES
a)Interment vault/Caveau $ d)Liners/Doublures s -
b)Markers/Marques $ e)UrnslUrnes 3
c)Flowers/Fleurs $ _ f)Shrubs and artificial wreaths/ $ - -
Arbustes et couronnes de fleurs
9. TRANSFER FEEiDROITS DE MUTATION $ artificielles
10. As Per Details on/ Page(s)Attached For Office Use Only/Reserve au bureau
Voir les details sur la(les) page(s)jointe(s) FILEDDEPOSE
NOTE:An owner of a non-commercial cemetery may,on a separate page,submit for approval by in accordance with the conformement aux
the Registrar,charges for care and maintencence of lots and markers sold before 1955. regulations under the reglements afferents a
(s-44(3).
Cemeteries Act la Loi sur les cimetieres.
REMARQUE:Le ou la propribtaire d'un cimetiere non commercial petit soumettre les frais Date of Filing/
d'entretiendeslotsetmarquesvendusavant1955surunefeuillesepareeenvuede!'approbation Date dodepdt February 21 ,2000
du registrateur.
Licence Numbelqunicipality of B yham
{signing authority for cemetery/ I Dated/Date N'de permis
signature du responsable du cimetiere)
per: original signed by MCC
°� t,,,,, ,'/ !' /e,: , , Nov. 1 9/99
05144{09102)
By law 2000-27
Miniatry,of Ministers de la Cemeteries
O Consumer and Gansommatl❑n Regulation 555YongeSt Schedule "E"
5th Floor
Commercial et du Toronto ON Nl7A 2H8Cemetery Price List
(Filed with the Ontario Ministry of Consumer and Commercial
Ontario Relations Commerce Reglemen:felon des Relations under The Cemeteries Act)
clmetleres 555,rue Yonge
50 Mage Tarlf des frals de clmeflere
Toronto ON M7A 2116
(416)326.8392 (Depose au ministate de la Consommation et du
Commerce en vertu de la Lai cur les rrmetieres)
Cemetery/Cimetiere
All cemeteries under the jurisdiction of tht= Municipality of Rayham
Mailing Address/Adresse postale
PO Box 160 9344 Plank Road St.raffordville ON NOJ 110
Every owner must file with the Elegletrer a price list of ell interment rights end cemetery services end supplies that the cemetery reserves exclusive
rights./Cheque proprietelrs dolt enreglstrer un tare des frets pour tous drolts d'Inhumation,services et foumitures ds cimetiere dont Ie crumblier
reserve les drolts sxclusifs. _
1. SALE OF INTERMENT RIGHTS and care and maintenance
VENTE DE DROITS D'INHUMATION at entretien:
Selling Nos./Prix de vents
Section/ No.of Lots/ Size/ Interment Rights/ Care and Maintenance/ Other/ Total Selling Price/
Section Al'de lots Dimensions Drolls dinhumation Emretian Autres Prix de yenta total
x
All 1 3 x 8 ' 175 150 325
minirwm 1
x -
X
X
2. INTERMENT(charges to open and close grave arid provide lowering device and grave dressing)!
INHUMATION(trals d'ouverlure et de ferme:ure du tombesu,d'ensevelissement et d'nstaRation de le tomb):
a)Adult--standard(Adults-standard $ e)cremated remains:cremation $
b)Adult-extra deep!Adults-tres profond$ *mausoleum aypecrypte de tneusol4e $
o)Child/enfant $ g)columberium niche/niche de columbadum $
d)Infant/babe
3, CREMATIONICREMATION:
a)Cremation Feel Fries de cremation $ 100 c) $ ,...®
For others,please specify/Pour mares,vaullaz preciser: d)
b) $ e) ;
4. PREPARING FOUNDATION(for upright monumant)1PREPARA 770N DES FONDATIONS(pour un monument):
$ per square/cubic ft.(per cube/carrt) Mlnimum/(minimum)$
Please specify depth if measurement is In cubic ft./Vet/Rea preclser profondeur,sl dimensions sant en cube/carr6
5, SETTING/DELIMITA7/0N:
a)MarkerlMarque x $ x . $ _x $ MlnlmumlMtn/mum$
b)Corner postsiPoteaux de coin$
B. EXTRA CHARGES(for Intem,ent)IFRAIS SUPPLEMENTAIRES(pour(inhumation):
a)Winter intermentrinhumatlon en Wet $
b)Late luneraVEnterrement tardlt:
after/apr9s p.m.weekdays/fr en semaine
after/aprbs a.m.Saturdays/hlesamedi $
c) Concrete liner installedrinstallef)an de/a doutthrre en beton $
d) For burying oversize casket/Miss en tecTa d'un grendcerexre/ $
a) For burying oversize vault/Mise en tame d'un grand caveau $
t) Rental of TenV Location d'un Blas$ Chairs'Fauteuil $
g) Chapel/Chapelle$ Matting/Tapis $
h) Use of Storage veult/UtlllsatIon d'un cameo d'entreppoaage $
Fm others,please speclly/Pour autres,veulttezprWeiser:
i) $
1) $ —'—
k) $ -
7. DISINTERMENTIEXHUMA77ON:
a)casket only/du cercuell seuleMent$ b)casket In vault/du carona!l dans un raveau$ a)from crypt/d'une crypta$
8. SUPPLIESIFOURNITURES
a)Interment vault/Gaveau s -- - d)LinerslDoublures
b)Markars/Marques $ a)Urns/limes s
c)Flowers/Flews $ f)Shrubs and artificial wreaths/ $
Arbustes et couronnes de Reurs
9. TRANSFER FEEJOROITS DE MUTATION $ 5 srMicielles
10. As Per Details on/ Page(s)Attached For Office Use Only/R6sertr6 au bureau
Voir les details sur la(les) page(s)joinle(s) I DEPOSE
FILED
NOTE:An owner of a non-commercial cemetery may,on a separate page,submit for approval by in accordance with the canlarm9merit aux
the Registrar,charges for care and maintencance of lots and markers sold before 1955. regulations under the morin offeror*a
is-44(3). Cemeteries Act la Lot sur les cimeti/res.
REMAROUE:Le ou la proprf4Wlre d'un clmefiers non commercial peutsoumeftre les tale Date of Filing/
cr entretien des lots et marques vendus avant1955 sur Una feuille separes en vile de l'Aoprobstion Date de depot February 21 r 2000
du reg/strateur.
Licence Numbeikunicipality of B yham
(signing authority for cemetery! - -- Dated/Date N de permis
signature du responsabla du dmerlere)
Par:original signed by MCC
y 1 '_"IC: L,/��®,� t.:.T/}1 P_I,... I"ks' N nv-1 9/4 G , •
5514(Om
By-law 2000-27 Schedule"F" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NOJ 1Y0
Telephone 519-866-5521
TRANSFER FORM
Regarding the Cemetery
Lot Row
Certificate#
I/We of
Address: Telephone:
hereby authorize the transfer, made without consideration, as a gift, of the above noted lot(s)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 Owner issue a new certificate in the above noted
name(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 of our Lord,
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#•
File: Commn/Cemety/Transfer
By-law 2000-27 Schedule"G" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NOJ 1Y0
Telephone 519-866-5521
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 refund of the Repurchase Price in the amount of$ as per the
Contract dated . (Equal to the total purchase
price less the amount to Care and Maintenance Fund).
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 of our Lord,
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
File: Comm/Cemety/Repurchase
adj2eirize,a- t§(6 6z- caOoo - /7
MUNICIPALITY OF BAYIIAM
9344 Plank Road,Box 160
STRAFFORDVILLE,ONTARIO
NOJ 1Y0
519-866-5521
www.bayham.on.ca
(1:
1• rrr _}ICY i.�v '1 +:
CEMETERY REGULATIONS&HISTORY
OF BAYHAMCEMETERIES
By-law 2000-27,as amended by B/L 2002-072&BIL 2008-080
Bayham West(Richmond)
Best(Corinth)
Calton
Dobbie
Eden
Guysboro
Smuck
Straffordville
Cemetery Decoration Days
• 3d week-end in August Straffordville
O 3"d Sunday in August Calton and Smuck
• 4th Sunday in August Best,Bayham West,Guysboro,Light
• la Sunday in September Eden
Please read this booklet! It outlines the history and regulations governing
Cemeteries under the jurisdiction of the Municipality of Bayham. The rules are
based on years of experience in caring for the Cemetery,and are solely for the
protection,beauty and sanctity of these grounds.
1
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NUMBER 2000—27
As Amended by By-laws 2002-072&2008-080
Being a by-law to provide for the maintenance,management and control
of Cemeteries under the jurisdiction of the Municipality of Bayhaut in
accordance with the Cemeteries Act,R.S.O.1990,c,C.4.
This by-law acknowledges the following cemeteries for which the Municipality of
Bayham is responsible for management,maintenance and control:
With Boards
Bayham West(Richmond) Beat(Corinth) Calton Eden
Dobbie Guyabolo Smuck Straffordville
Without Boards
Clans Edison Firby Light Old Eden
OId Richmond(Godwin) Otter Valley Stanton Amerman
Hutchison Hemlock Creek Abandoned
(Old)Port Burwell(Estteevlfle)(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 ander 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. The provisions of any end all By-laws and amendments thereto pertaining to
cemeteries under the jurisdiction of the former Township of Bayham are hereby
repealed.
2. This by-law shall be composed of nine sections,namely,
Section A Definitions
Section B Administration
Section C Financial
Section 1D Restrictions(Rules and Regulations)
Section E Operations
Section F Interment
Section G Disinterment
Section H Markers
Schedules A,B,C,D,B,F,G
SECTION Ar DEFINITIONS
"ACT' shall mean the Cemeteries Act,R.S.O.1990,c.C.4.
"BOARDS" shall mean the Cemetery Board(s)appointed by the Council
of the Corporation for terms as outlined in the Organization
Structure Schedule"A"as attached.
"BY-LAW" 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 shall mean that trust fiord in which all monies received
MAINTENANCE by the Corporation for perpetual care of lots or plots and
FUND" markers has been invested.
G
By-law 2000-27 as amended by BiL 2002-072
2.008.080 O
SECTION A:DEFINITIONS(Continued)
"CARETAKER" shall mean the person or persons appointed by the Board(s)
as caretaker of the Cemetey(ies).
"CEMETERY" shall mean the land set aside to be used for the interment of
human remains and includes a columbariumn or other
structure intended for the intent of human remains.
"CEMETERY shall mean the following services in respect ofa lot or plot
SERVICES" (I) opening and closing of lot or plot
(II) interring or disinterring human remains;
(III) construction of a foundation for a marker;
(IV) setting of corner posts;
( providing temporary storage in a receiving vault
"CEMETERY shall mean interment vaults,markers,liners,flowers,
SUPPLIES" artificial wreaths,and other articles intended to be placed in
a cemetery.
"CLERK" shall mean the Clerk of the Corporation of the Municipality
of Bayham.
"COLUMBARIUM" shall mean a structure designed for the purpose of interring
cremated human remains in sealed compartments.
"CONTRACT" shall mean an Application for the purchase of Interment
Rights or Cemetery Supplies or Services within
cemetery(ies)under the governance of the Municipality of
Bayham,attached as Schedule B".
"CORNER POSTS" shall mean any stone or other land marks set flush with the
surface of the ground and used to indicate the corners 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.
"INTER" shall mean the burial or interment in a Cemetery,of the
body or remains of human being.
"INTERMENT shall mean the form to be completed by the Interment
PERMISSION Rights Holder(s)to designate,in writing,if another
FORM" parson is to be burled in their lot or plot,attached as
Schedule"D".
"1NTERlENT shall mean the Certificate issued to the Interment
RIGHTS' Rights Holder by the Cemetery and shall include
CERTIFICATE" the name of the Interment Rights Holder,the location and
dimensions ofthe lot or plot,the date on which the
interment rights are purchased,the amount paid by the
purchaser,the amount deposited into the Care and •
Maintenance Fund,and a statement regarding transfer
restrictions of said interment rights,attached as Schedule
"C".
"INTERMENT RIGHTS" shall include the right to require or direct the interment of
human remains in lot or plot.
By-law 2000-27 as amended by 8/L 2002-072
&2008.090 n
v i
SECTION A:DEFINITIONS(Continued)
"INTERMENT RIGHTS shall mean a person with interment rights with respect to a
HOLDER" lot or plot,and said Interment Rights Holder shall be listed
in the records of the Cemetery.
"LOT' shall mean an area of land in a cemetery containing,or set
aside to contain,human remains and includes a niche or
compartment in a columbadam_
"MARKER" shall mean any monument,tombstone,plaque,headstone,
or other structure or ornament affixed to or intended to be I.
affixed to a lot or plot,columbarium niche or other
structure or place intended for the deposit of human
mains.
"MINISTER" shall mean the Minister of Consumer and Commercial
Relations for the Province of Ontario.
"PLOT' shall mean two or more lots in which the rights to inter
have been sold as a unit.
"REGISTRAR" shall mean the Registrar appointed under the Cemeteries
Act,R.S.O.,1990,c.CA.
"REPURCHASE" shall mean the repurchase of unused lot(s)by the cemetery
owner upon written demand of the Interment Rights Holder
fel-the purchase price less any amount set aside for care
and maintenance. A form attached as Schedule"0"may
be used for this impose.
"STRUCTURE" shall mean the Organization Structure for Cemeteries under
the jurisdiction of the Municipality ofBayham,attached as
Schedule"A"
"SECRETARI- shall mean the Secretary-Treasurer of the individual
TREASURER" Cemetery Board(Committee)as outlined in the
Organization Structure for Cemeteries under the
jurisdiction of the Municipality of Bayham,attached as
Schedule"A'
'TARIFF" shall mean the tariff or fees and charges set forth in the fee
schedule es approved by the Council and the Registrar,
attached as Schedule"B".
"TRANSFER FORM" shall mean the form to be completed for any transfer made
without consideration as a gift,attached as Schedule"F".
"TREASURER" shall mean the Treasurer of the Corporation of the
Municipality of Bayhem.
SECTION B:ADMINISTRATION
1. The business and affairs of the Cemeteries under the judsdiction of the
Municipality of Bayham shall be managed and supervised by Boards,as outlined
in the Organization Structure Schedule A" 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.
By-law2000-27 as amended by BR,2002.072 �
&2008-080 J
SECTION B:ADMINISTRATION(Continued)
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 Committee.
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 reapective jurisdiction,
and as may be prescribed.
8. Each Board shall make and render such reports as maybe prescribed or as the
Council may require.
SECPION Cr FINANCIAL
I. All fees and charges shall be payable in accordance with the Tariff which shall be
set by the Council upon recommendation of the Joint Cemetery Board,subject to
the approval of the Registrar.
2. Payments for all fees and charges shall be made to the office of the Secretary-
Treasurer of the individual Cemetery Board or the 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 mattes pertaining to the individual Cemetery as maybe
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 ed or invested.
7. The revenue derived from the Care and MaintenanceFund 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 caro of markers shall be applied at the discretion of the Committee
for general maintenance of markes.
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.
By-law 2000-27 as amended by B/E.2002-072
&2008480 CD
SECTION C:FINANCIAL(Continued)
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
pact thereof
SECTION D:RESTRICTIONS(RULES®ULATIONS)
1. All persons entering the Cemetery shall behave with due order and decorum sad
with doe respect to the dead.
2. Interment Rights Holders shall not permit interments to be made in their lots or
plots for remuneration and shall not sell their lots or plots for reanuneration.
3. 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 nm 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.
4 Recreational vehicles are not permitted within the Cemetery.
5. 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
6. 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 Iot or plot and
remove said flowers,plants,shrubs,or trees planted without the
permission of the Board;
c) write upon,deface,injure or damage any markers,railing,fence or other
etrucdturo,or pier 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 9:30 p.m.and 7:00 a.m.the following
f) allow entry into the Cemetery of any animal under their ownership and/or
contr&L
7. 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.30 days written notice shall be given to an owner of a lot
wherein any of the above aro situated prior to removal.
8. In order to preserve the appearance of the grounds,artificial wreaths must be
removed before April 1"of each year. Otherwise the cemetery authorities will
remove them.
9. Rubbish shall not be thrown out on roads,walks,or anypart of the grounds. A
place is provided for the deposit of weeds,decayed flowers,plants,etc.
By-law 2000-27 as amended by BIL 2002-072
&2008-080 U)
SECTION D:RESTRICTIONS(RULES®ULATIONS)(Continued)
10. No unauthorized person shall make any walls cut any sod or move corner posts or
grave markers in the cemetery.
11. The Board shall not be responsible for loss of or damage to any portable articles
left upon any lot or grave.
12. Conveyances heavily loaded shall not be permitted to enter the Cemetery without
the approval and supervision of the Board.
13. 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.
14. 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.
SECTION E:OPERATIONS
I Stgel
1. Lots or plots,subdivision of lots or plots maybe purchased by individuals upon
payment of the appropriate Tariff rate.Al the time of sale,the Secretary-Treasurer
or Clerk of the Municipality of Bayham shall provide a copy of the following
a) copy of the Contract;and
b) copy of the Cemetery By-Law.
Upon payment in Ml,the Secretary-Treasurer or Clerk shall provide an Interment
Rights Certificate.
2. Purchasers of lots or plots acquire only the right and privilege of interment of the
dead and of erecting rnaxkers1,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 size of the lot or plot,the location of the lot or plot,the date of
purchase,the amount 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 Fora,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 !
I. 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 of the purchase price being set aside for Care and
Maintenance
e) the prohibition on the resale of the Interment Rights by the purchaser,
Bylaw2000-27 as emended by B!L 2002.072
&2008-080
SECTION E:OPERATIONS(Continued)
Q Canino(continued)
f) the existence of a by-law that governs the operation of the cemetery and
includes restrictions on Interment Rights in the cemetery,and
g) a Certificate of Interment Rights will not be issued until the Interment
Rights have been paid in flril.
IQ
1. Only licensed cemeteries can sell Interment Rights.
Sale:
E'en individual wishes to sell their lot or plot,they must sell their Interment
Rights back to the Board. The Board will reimburse the individual the price paid
for the lot or plot less the amount placed into the Care and Maintenance Fund.
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"F',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
of Interment Rights is not binding upon the Board until a duly executed transfer
has been deposited with the Secretary-Treasurer or Clerk.
2. Upon receipt of a request,on the appropriate transfer form,attached as Schedule
"F',from the Interment Rights Holder specifying the name and address of the
transferor and the transferee,and location of lot or plot,the SecTreasurer or
Citi,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 probates
(ii) if no specific bequest,a request in writing from the Executors with
a consent of all or a majority of the beneficiaries
b) Intestate:
A request in writing from the administrator with the consent of all
or a majority of the heirs-at-law.
W CornerPoa
1. The boundaries of any new lot or plot sold shall be marked with comer posts on
approval by the Board. MI comer posts arc to be placed by the Board at the
expense of the owner afire lot or plot wherein the same are placed.
2. All comer posts shall be placed level with the ground.
By-law 2000-27 as amended byB/L2002-072
&2008-080 0
SECTION F°:INTERMENT
1. No interment shall take place until such time as the lot or plot has been paid for in
fuII
2. For every interment the Board must obtain a burial or cremation permit,
applicable fees and*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 15th of April and the 15th of December
unless otherwise authorized by the Board.
5, No more than two interments maybe made in the-same lot,and the first
interment must be in a concrete vault. Installation of a concrete vault,for safety
rprecautions,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 two cremation interments shall be made in the cremation lots(A
section for cremation lots only should be set aside for this to apply).
No more than four(4)cremation interments,if placement allows,shall be made in
the regular lots.
8. Workman 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.
SECTION G:DISINTERMENT
1. No disinterment shall be allowed in any lot or plot nor any body removed
therefrom unless in accordance with Section 51 of the Cemeteries Act
SECTION H:MARKERS
I. 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 incites at
narrowestpoinn&and every flat marker 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) upaightmarkers on a single lot shall not exceed 24 inches wide by 16
inches deep by 34 inches high,including thebase;
By-law 2000-27 as amended by Bit 2002-072
dt 2408-080
SECTION He MARKERS(Continued)
e) ail flat markers on a single lot shall trot exceed 24 inches wide 18 inches
deep,and shall be insialkd flush with the ground level Eremite&
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 she same material as the
ban,
I) all markers shall be made of granite orbronze;
g) no marker shall be allowed to stand on interment space in any lot or plot
3. Markers to be erected shall be set upon adequate concrete foundation which shall
be no less than five feet in depth or the full depth of the grave and must exceed
the marker by a minimum of three inches on all sides. All foundations shall beset
one inch above the surface of the ground. Foundation must be approved by the
Board before the madcer is erected thereon.
4. No marker shall be erected without the supervision of the Board.
5. The Board reserves the right to enter onto the tot 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 maybe scratched or chipped by equipment during regular maintenance
of the Cemetery grounds and the Cemetery shall not be held responsible for such
damage.
7. The Board stall have the right to maintain,repair,remove or lay down markers or
parts of markers and to use or not to use the Care and Maintenance Funds for
Markers for such purposes.
This By-Iaw shall be in full force and effect upon final passage.
By-larv2000.27 passed April 6,2000 as amended by By-law 2002472 passed March
20,2003 and By-Law 2008-080passed Derember4,2008(Ministry approved January
27,2009).
Schedule"A"B/L 2000-27
CEMETERY BOARDS STRUCTURE&TERMS OF REFERENCE
1. Name
This board shall be called the Bayham Joint Cemeteries Board.
2. Purpose&Objectives
To co-ordinate and support the efforts in pursuing consistency among the individual
Bayham Cemetery Boards,and ensuring compliance with the requirements of the
Cemeteries Act as revised.
3. Structure
This Board shall consist of one(1)voting representative of each Bayham Cemetery
Board and one member from the Bayham Municipal Council.
4. Meetings
This Board shall meet annually,or as deemed necessary and mutually
agreed to by the individual Cemetery Boards.
5. Quorum
A quorum shall be 50%+I of members.
6. Deputations
6.1 Shall be held at the beginning of each meeting.
6.2 All meetings shall go"In Camera"at the discretion of the Chairman,or a majority
vote of members present.
7. Election
7.1 Nominations for Officers shall be held in November or December for the
following year.
7.2 Year end shall be December 31. New Officers assume positions January I.
8. Officers
8,1 Officers shall consist of a Chairman,and Vice-chairman, selected from alternative
individual cemetery board representatives each term,and holding office for a
three year term.
8.2 The Secretary of the Joint Board shall be a.Municipal staff member appointed by
Council.
Cemetery Boards Structure -2- Schedule"A"B/L 2000-27
9. Duties of Officers
9.1 Chairman
Prepare a written agenda for each meeting(with the assistance of the secretary).
Call the meeting to order at the specified time.
Sign minutes upon approval.
Be organized and informed and conduct the meeting in an orderly manner.
Make announcements of interest to members.
Make him/herself aware of the business to come regularly before the meeting.
9.2 Vice-Chairman
Acts in the capacity of the Chairman in his/her absence.
9.3 Secretary
Keep accurate record of proceedings of meetings(minutes).
Prepare an agenda,with the assistance of the chairman.
See that old business is brought to the attention of the chairman.
Call the meeting to order in absence of Chairman and Vice-chairman,and
preside until a chairman is appointed,which should be immediately.
Assist with administrative/financial/operating and capital budget preparation
and follow-up,as necessary,making her/himself available to provide
assistance at the request of individual cemetery boards.
XNDWVIDUAL BAYHAM CEMETERY BOARDS
10. Purpose&Objectives
10.1 Individual Boards shall be established to be responsible for the maintenance and
operation of each of the following individual cemeteries in the Municipality of
Bayham and be known as:
The Straffordville Cemetery Board The Smuck Cemetery Board
The Eden Cemetery Board • The Calton Cemetery Board
The Guysboro Cemetery Board The Dabble Cemetery Board
The Best Cemetery Board(Corinth) The Bayham West Cemetery Board
10.2 The above Boards may initiate and undertake other projects,in regard to
cemeteries without any individual Board structure at this time,either individually
or jointly.
10.3 Other Municipal Cemeteries acknowledged as having no individual board
structure at this time include:
Light Edison(Pioneer) Claus Stanton
Firby Old Eden Godwin(Old Bayham) Otter Valley
Otter Valley Baptist(also known as(Old)Port Burwell or Esterville)
Amerman Abandoned Hemlock Creek Hutchison
Cemetery Boards Structure -3- Schedule"A"B/L 2000-27
11. Structure&Term.
11.1 Each Cemetery Board shall consist of a minimum of three(3)volunteer members,
to be confirmed by by-law annually by•the Council of the Municipality.
11.2 Appointment shall be for a one,two or three(1,2 or 3)year term at the discretion
of the individual Board.
12. Meetings
12.1 Each Board shall meet on an as needed basis or a minimum of two(2)times a
year,at a time and place as agreed by the individual Board members.
12.2 Special meetings may be called by the Chairman or at the request of two Board
members.
13. Quorum
A quorum shall be 50%+1 of members.
14. Deputations
14.1 Deputations shall be held at the beginning of each meeting.
14.2 All meetings shall go"In Camera"at the discretion of the Chairman,or a majority
vote of members present.
15. Election
15.1 Nominations for Officers shall be held in November or December for the
following year.
15.2 Year end shall be December 3I. New Officers assume positions January 1.
16. Officers
Officers shall consist of a Chairman,Vice-Chairman and a Secretary-treasurer,selected
from the volunteer members,holding office for a two year term,being eligible for re-
election,not to hold office for more than two(2)terms,at the discretion of the individual
Board.
17. Duties of Officers
17.1 Chairman
Prepare an agenda for each meeting(with the assistance of the Secretary-
treasurer).
Call the meeting to order at the specified time.
Be organized and informed and conduct the meeting in an orderly manner:
Make announcements of interest to members.
Cemetery Boards Structure -4- Schedule"A"BIL 2000-27
17. Duties of Officers(Continued)
17.1 fllidrmn
Make him/herself aware of the business to come regularly before the meeting.
17.2 Vice-Chairman
Acts in the capacity of the Chairman in his/her absence.
17.3 ,Secotary-Treasurer
Keep accurate record of proceedings of meetings(minutes).
Prepare an agenda,with the assistance of the Chairman.
See that old business is-brought to the attention of the Chairman.
Keep a current list of members(forwarding a copy to the Municipal Council at
the•beginning of each new term)and an attendance record.
If unable to attend a meeting,see that the minute book and other correspondence
and information are forwarded to the Chairman prior to the meeting.
Take charge of all documents belonging to the Board.
Call the meeting to order in absence of Chairman and Vice-Chairman,and
presides until an Acting Chairman is appointed,which should be
immediately.
Keep an accurate up-to-date record of income,expenses and balance on hand,
reporting regularly at meetings.
Make bank deposits,and pay invoices promptly,assuming responsibility for
all banking procedures,as authorized by the Board.
Prepare and submit annual information to the Municipal Office as required.
18. Members
18.1 Shall be volunteers
18.2 Shall be responsible to attend meetings regularly,at the appointed time
18.3 Shall support the purpose and objectives of the Board
18.4 No member shall exercise the right to more than one vote on any matter
18.5 Shall be eligible for reappointment to the Board
19. New Members
19.1 Each Board shall recommend names of volunteers to Council for appointment to
the individual Board.
20. Absentee
If members miss more than two(2)consecutive meetings except for health or
special circumstances,the remaining members of the individual Board may
request Council to appoint a recommended replacement for the remainder of the
term.
By-law 2000-27 amended by Schedule"B" 1 of 2
B/L 2002-072&2008-080
CONTRACT
FOR PURCHASE OF
INTERMENT RIGHTS
OR CEMETERY SUPPLIES OR SERVICES
In Cemetery
Owned by: The Municipality of Bayham
Box 160,9344 Plank Road
Straffordville,Ontario N0J 1Y0
Telephone 519-866-5521
Bill To: Certificate
Rights To:
Telephone#(Home) (Work)
Deceased(At Need Only):
Place of Death: Date of Death:
Lot Identification: Row: Lot:
Funeral Director:
interment Rights
Block Section/ Graves:
Adult Lot(s): Row: Area of Sq Ft $
Child Lot(s): Row: Area of Sq Ft $
Cremation Lot(s): Row: Area of S Ft $
Amount to Care and Maintenance(Rights): Pin--
Repurchase
':--Repurchase Price: $
Services/Supplies At-Need Pre-Need
Interment Fees $
Marker(type) timmozwi
_ $
Amount to Care and Maintenance(Markers) _
bairn m k
It is agreed between the parties that this contract is subject to the Cemetery By-law(s)of the Municipality of
Bayham and the Purchaser hereby acknowledges receipt of a copy of the By-law(s)and the"Conditions of
Contract"attached have been read and understood.
Ordered by: Cemetery Representative:
(Purchaser)
Address:
Telephone#:
By-law 2000-27 amended by Schedule"B" 2 of 2
B/L 2002-072&2008-080
CONDITIONS OF CONTRACT
1. THE FOLLOWING TRUSTING PROVISIONS ARE IN EFFECT:
Adult Lot: 40%of the Purchase price or$200,whichever is greater
Child/Infant Lot 40%of the Purchase price
Cremation Lot: 40%of the Purchase price
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:
• The right of the purchaser, z ,to request the cemetery owner to repurchase the
rights before they are used.
• The cemetery owner shall repurchase the interment rights within thirty days from the date the
written demand was received.
• The repurchase price of interment rights shall be determined by establishing the amount paid by the
purchaser for the rights less the amount that the cemetery owner paid into the Care and Maintenance
Fund,or the predecessor of such a fiord,in respect of the interment rights,
• In accordance with the By-law(s)of the cemetery,the following restrictions on the exercising of
interment rights and documents required are: As per Section"F"Interment.
• If a purchaser desires to transfer an interment right,the purchaser shall give notice on the
appropriate form Schedule"F"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 the By-law(s)of the cemetery,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 by the purchaser is prohibited.
4. A CONTRACT FOR THE PURCHASE OF PRE-NEED SUPPLIES OR SERVICES INCLUDES THE
FOLLOWING CANCELLATION RIGHTS:
• The purchaser has the right to cancel within the thirty day period following the day that the contract
is made.
• The purchaser's right to cancel survives the thirty day period until such time as the cemetery owner
provides the cemetery supplies and services.
• The cemetery owner shall not provide the cemetery supplies and services until expiry of the thirty
day period immediately following the day the contract is made.
• The purchaser must pay the service fee required under the Cemeteries Act if the right to cancel the
contract is exercised more than thirty days after the contract is made. Such service is the lessor of
10%of the amount paid by the purchaser for the pre-need supplies or services,together with any
income earned by the cemetery owner on the 10%since the purchase or$200.
File: Comm/Cemtry/Contract
By-law 2000-27 Schedule"C" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NO.11Y0
Telephone 519-866-5521
INTERMENT RIGHTS CERTIFICATE
Certificate#
Pursuant to the Cemeteries Act and Regulations and all amendments thereto,BETWEEN:
The Municipality of Bayham
Operating Cemetery
hereinafter called"The Cemetery Owner"
AND:
hereinafter called the`Purchaser'
In consideration of the sum of Dollars(S ),receipt of
which is hereby acknowledged,and which included the sum of Dollars
($ ),for Care and Maintenance which is deposited with the Municipality of Bayham,the
Cemetery Owner agrees to assign the Purchaser the Interment Rights as follows:
In Cemetery:
Row: Lot(s): Area of square feet.
Date of Purchase:
The Purchaser,by acceptance of this indenture indicated that the By-laws)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 Cemeteries Act as if these were included as part of this indenture.
The Purchaser agrees that in the event of transfer of the said Internment Rights,this certificate cannot
be transferred but will be returned to the Cemetery Owner 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-laws)
of the cemetery,wherein restrictions on the erection or installation of markers are given and by which
by-law(s)are attached hereto.
In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of its proper signing
officers this day of in the year of our Lord,
As per: Address:
Oice: •
Telephone#:
File:Comm/Cem/Cettif
By-law 2000-27 Schedule"D" 1 of 1
MUNICIPALITY OF BAYHAM
Box 160 Straffordvil e,Ontario NOJ 1Y0
Telephone 519-856-5521
INTERMENT PERMISSION FORM
Regarding the Cemetery
Lot Row
Certificate#
I/We •
of
Address: Telephone:
hereby authorize the burial of
in the above noted lot.
Iacknowledge the following interment requirements(Section F#6,7,&8):
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 two cremation interments shall be made in the cremation lots. 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 of our Lord,
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
File: Comm/Cemtsy/Permission
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By-law 2000-27 Schedule"F' 1 of 1
MUNICIPALITY OF BAYHAM •
Box 160 StraffordvWe,Ontario NOJ 1Y0
Telephone 519-866-5521
TRANSFER FORM
Regarding the Cemetery
Lot Row
Certificate#
I/We of
Address: Telephone:
hereby authorize the transfer,made without consideration, as a gift,of the above noted lot(s)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 Owner issue a new certificate in the above noted
name(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 of our Lord,
Signature of Interment Rights Holder
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
File:Comm/Cemety/Irauster
By-law 2000-27 Schedule"0" 1 of I
MUNICIPALITY OF BAYHAM
Box 160 Straffordville,Ontario NO3 1Y0
Telephone 519-866-5521
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 refund of the Repurchase Price in the amount of$ as per the
Contract dated . (Equal to the total purchase
price less the amount to Care and Maintenance Fund).
I/We hereby submit the original copy of the Interment Rights Certificate and upon receipt of the
Repurchase Price,Uwe hereby relinquish all rights to the above lot(s).
In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of its proper signing
officer this day of in the year of our Lord,
Signature of Interment Rights Holder .
Signature of Interment Rights Holder
For Cemetery Owner:
Office:
Address:
Telephone#:
File:Comm/Cemety/Repurchase
1
STRAFFORDVJLLE
Some time in the Early 1800 a man by the name of Abram Hunsberger,
noted as teacher who also resided in Bayham Twp.,Elgin County,was noted as
teacher of a German School.
Later he learned English,his son of nine years acting as tutor. Near the
village of Straffordvile about one mile west,on the south side of Talbot Road,he
cleared and donated an acre of land to be used as a cemetery for people
regardless of belief. At that date it was known as Sandy Town.
(Kindly note."regardless of belief"a tradition that is sti carried on.) Mr.
Hunsberger and his wife Anna are buried in this cemetery.
On Dec.22,1906,the Trustees,Weston Thomas,Moses Stratton,and Enos
Hunsberger purchased four acres of land for$200 from Weston Thomas.Plots
up to this time were sold at$5.00 per plot. Size of plots were 16'by 16'.
In 1906 the price of a pIot was raised to 10 dollars. The care of die cemetery
at this time was a community project. Arbor Day was held once a year,for the
genuine cleanup and donations were received from interested people to cover what
was needed for the outlay. As the early years passed,many changes were made.
More time was demanded to keep the grounds in shape,and in 1937 they began to
work toward Perpetual Care. This came into effect a short time later. Up until this
time they had been frying to collect$2.00 from each plot holder.
1955,at this time the Board received from L.C.Garnham a new map of the
Cemetery,a survey that had been carried out by Mr.Garnham after many weeks of
work without remuneration but through his great interest and loyalty to the
Cemetery and the Community,and also to those who had passed on.
This was deeply appreciated by the presiding Board,and at this time a
motion was passed and carried,that all plots sold hereafter would be according to
the L.C.Garnham Survey.
On Aug.18,1957 the first Decoration Day was held and was so well accepted
by the Community that it continues to be an annual event held on the third Sunday
in August each year.
Tribute should be paid to all those who through the years have given of
themselves to make the Straffordville Cemetery what it is today.
GUYSBORO
Guysboro Cemetery is located at Lot 133,Concession 7 on the north side of
Talbot Road(Heritage Line)approximately 3 miles east of Straffordville. In 1837
the Crown sold land including this property to John Hiestant who in turn sold the
200 acres to Martin Hubbard in 1850. In 1851,Martin Hubbard sold the south 100
acres to John Kidd who reserved one acre(later enlarged)for a cemetery. It is quite
certain that there were graves already there and that he was giving this fact
consideration and respect by officially designating it as a cemetery. The first
recorded burial in the cemetery may have been in 1835,Mrs.Christian Honsberger
(nee Agnes Mayer). Her plot is located in the southeast corner on the ridge near the
road fence. Cecil Ball collected 182 burial permits from gravediggers for the
cemetery. The oldest permit was dated April 12,1897 and referred to the death of
Martha Kennedy. In 1897 an additional tract of land to the north of the old section
was bought from Tilman and Mariah MarIatt for$10.00. This increased the total
area to 1 I acres.
There is no evidence that an organized plan or map of the cemetery existed
before 1957. The fact that a roadway existed in the cemetery and that plots were
laid out in an orderly manner indicates that plots were assigned—it is likely that a
respected member of the community kept the details in memory. In the early
1900's,the cemetery area was fenced to keep out livestock,but was otherwise
uncared for and grown over with bushes and weeds. Occasionally George Marshall
called a"bee"of plot owners to burn off the grass and brush. Some plot owners
were able to clear the weeds and brush on their individual plots.
On May 1,1957,a bee was called for the purpose of burning the
accumulation of dead grass and brush and to plan for future care,as per the
opening quote from the Guysboro Cemetery Minute Book. Another meeting was
called and chairman,secretarytreasurer and board of trustees were appointed.
Under supervision of the new board the shed was moved from near the road to its
present location at the west centre of the cemetery,broken monuments were
repaired and reset,plots were leveled where possible,the driveway improved and
new fence put along Talbot Street. Cliff Thomas undertook the task of measuring
the area,drawing a map to scale and inserting the names of those buried in each
grave. He also spent many hours repairing stones and putting in markers. It was
decided that no plots should be sold in the future without perpetual care being
included in the price,and that no more plots would be sold in the south part(old
section)because of the uncertainty of burial locations there. The first Annual
Decoration and Memorial Day Service was held on August 24,1958,and Decoration
Day has been held on the fourth Sunday in August every year since that date.
Abstracted from,and for more details see"The History of Guysboro
Cemetery"as compiled by Cecil Ball,1991.
BAYHAM WEST(RICHMOND)
It is said that previous to 1850 the village of Richmond,being on the west
side of Otter Creek,flooding sometimes made the cemetery on the east side
inaccessible. So in 1850 a parcel of land on the west side of the village was donated
for a cemetery by Jeremia Moore.
The cemetery was expanded on the west side by 46 feet in 1925. This land
was bought from William Green. {{
is
The last expansion was 73 feet added across the north end. This land was
donated from the Stanet farm by Violet Stanet in 1991.
DOBBIE
One pleasant burial site is the Dobbie Cemetery of North Bayham,on the
10th Concession,east of Corinth.(1847) Rising high and dry above a semi-border of
open woodland, it is delightfully restful and sunny on a bright March day. It is
small,but full of handsome monuments,introducing you to the old families of the
district—Livingston's,Crossett's,Haley's,Elliott's,etc.
Conspicuous among the stones is the monument of George William Best and
the spires of the twin obelisks of Andrew and George Dobbie,ancestors of one of the
most influential families of North Bayham. In fact,it was from the estate of Colonel
Andrew Dobble that the plot for the cemetery was given. And—there are so many
odd things that one runs across in connection with cemeteries—this burial plot was,
and still is,Anglican. Although the surrounding community during the memory of
modern man has always been Methodist.
The place must have been considered a centre of population at one time. For
not only did the North Bayham Methodists erect their first church on a knoll across
the field,but before that,the Anglicans planned to build a church there. It was for
this purpose that Colonel Andrew Dobbie's grant included five acres,the west part
reverting to the estate when the edifice did not materialize.
Most of the woodland that surrounded the Dobbie Cemetery has
disappeared,but it is still a pleasant spot. It is more neatly kept than many country
cemeteries due to the fact that a perpetual care fund was established some years
ago,started by the late George Elliott,whose earthly remains now rest in this same
cemetery. The fund is now administered by a Cemetery Board,of which James
Elliott is Secretary-Treasurer.
BEST
This property,consisting of one acre is situated at 54536 Best Line,being
South Part Lot 8,Concession 10 of the Municipality of Bayham,l km east of the
hamlet of Corinth. In 1864 it was given for a cemetery by Casper Best,owner of the
farm on which it was situated.
FIRBY
In the early days of the settlement of this section of Canada and before a
railroad was built,churches or chapels,as they were called,were built,to
accommodate the early settlers.
On the north-east corner of Concession 10,Bayham Township,Lot 1,was
built one known as Benson's Chapple,and for burial purposes a burial place was
selected one mile south,and was known as the Firby Cemetery,no doubt owing to it
being a sandy knoll,and the property belonging to one Thomas Firby one of the
early settlers.
It was used as a burial place before the deed was given for that purpose,as
the dates on some of the tombstones will signify by their dates of burial.
CALTON
On May 14,1881,Bartholoinew John Timpany and Sarah Ann Timpany sold
a portion of land measuring 99'x 325'for$1.00 to the trustees of the new Van Pine
Cemetery Board for a burial ground to be used by any Christian Organization,
subject to the rules of the Trustees of Van Pine Cemetery Board,and said Trustees
shall set rules of the burial grounds upholding Christian teachings. The Van Pine
Cemetery Board members were: Charles Timpany,Mahlon McCouneld,Ercelius
VanVeizer. We do not know where the name Van Pine came from unless the
cemetery was in a plantation of pine trees. In 1920 and 30,there was a number of
large pine trees still growing in front of the cemetery.
Plots No.1 on either side of the driveway were reserved for burials of paupers
(strangers). Plots No.II were sold to Elijah Phelps and children or heirs as in the
Deed for$1.00. The size of the plot was 13'x 41'on the south side of the driveway.
Plots No.III were sold to Bradford Wilson and family for$1.00. The size of the plot
was 13'x 41'on the north side of the driveway.
Many Christian Churches are represented here—Baptist,United Church,
Lutheran,Catholic,Evangelical,Mennonites,etc. Presently,there are
approximately 350 different families represented here. It seems there were burials
on this property as early as 1829,and apparently this same land was purchased for
the cemetery in 1881,and carried on as such.
Since 1881,the Cemetery has been enlarged about four times,and each time
it was done by moving the fences out further instead of buying the land from the
owner. In 1971,C.D.Phillips Ltd.gave the Cemetery additional land which
consisted of 100 more burial plots,and at this time the Deed was corrected to cover
the land the Cemetery had expanded to in the past years.
SMUCK
The original burial ground was a triangular piece of ground with 158 feet of
frontage on the fifth line road(Jackson Road). It was located in the northeast
corner of Lot 13 North Concession 5 on the west side of the spring creek that flows
into Lot 13 near this point.
In light of information from Bayham Township,Deeds&Index to Deeds,
Abstract Index A&B,1812—1901,Archives of Ontario,Toronto,Ontario,probably
this piece of property was purchased from Peter Johnson around 1860.
Why the cemetery is called Smuck Cemetery is not clear. Robert Smuck was
secretary-treasurer of Bayham Township School Section Number Twelve,and the
school known as Smuck School,was situated.on the very northwest corner of Lot 14
North Concession 5 just on the east side of the spring creek. Perhaps the school and
cemetery started sharing a common moniker.
In 1901 the cemetery board purchased additional ground from the
Humphrey family. This property had approximately 50 feet of frontage on the fifth
line. It lay to the west side and adjoined the original cemetery and ran the full
length of the original burial ground.
Again in 1928 the Humphrey's sold another piece of ground with about 35
feet of frontage on the fifth line. This piece adjoined the property purchased in
1901.
According to the records of July 28,1941 meeting of the Smuck Cemetery
Board,Wallace Humphrey,Robert Jackson and Ray Thurston were voted.
unanimously to be the trustees. Robert Jackson moved and Ray Thurston seconded
that Wallace Humphrey act a secretary-treasurer. This is a post that Wallace
Humphrey filled with dedication and diligence until the 1980's.
In the spring of 1945 the board replaced some of the posts in the fences on
the west and east sides. The total cost of the posts was$7.85.
During the early 1950's the community took up a collection and bought two
push type reel mowers. Robert Jackson and any conscripts he could collect used
these to maintain the grass cutting.
In the spring of 1966 the board spent$91.57 to install 40 rods of wire fence
with all the requisite hardware. Also in the mid-60'.s they began paying a Mr.Mills
of Tillsonburg to cut the grass.
Elton Jackson and Steve Gregson drew,to scale,a map of all parts of the
Smuck Cemetery in 1973. This diagram was accepted by the Director,Cemeteries
Branch,Ontario on August 29,1973.
trt
SMUCK(continued)
Early in the 1970's the estate of Jamie.Nevin.provided funds for the
installation of a chain link fence along the north side of the cemetery fronting on
the fifth line(Jackson Line).
Over the years various community members have served as trustees. In the
new millennium the board consists of Robert Gregson,Harris Teall and Lee Locker.
EDEN
The site of the Eden Cemetery,as well as property for the Baptist Church
and the parsonage were donated by Edwin Gray. After pine stumps were removed
and the hilltop leveled,Jesse Ball,Provincial Land Surveyor(P.L.5.)surveyed into
plots 12 by 16 feet,with a four foot walk around the sides of a double plot.
Plots were awarded to persons who had done a stated amount of work in the
clearing and leveling. The price per plot was$10,raised to$15 and then$20,
including perpetual care.
Once perpetual care was Introduced,a plentiful supply of water was secured
when a well was bored by Wilfred Nelson. The pressure system was paid for by
C.C.Travis and Nathan Gray.
The boundary of land given to the cemetery had been the base of the hill. As
space became nearly all occupied,adjoining land was sought. When Mrs.Maud
Wilson sold to Nathan Gray,he presented the church with the land desired.
Perpetual care was introduced by a former Pastor,Rev.George F.
Humphries. Wilfred Nelson became caretaker and Cecil Ball treasurer.
The first Decoration Day was held in September 1952 with a large
attendance. The Tillsonburg Community Band aided in the ceremonies. The guest
speaker Rev.Swackhammer gave the address and the Eden Baptist Choir closed
with the anthem"When the Roll is Called up Yonder".
ABANDONED CEMETERIES
Edison,Old Richmond(Godwin)
Old Eden(Ridge Road,Wilson)
Amerman(Ketchabaw),Clans,Light,Stanton
Esterville,(Otter Valley Baptist, Old Port Burwell)
Hemlock Creek,Hutchison,Abandoned,Otter Valley
RULES FOR VISITORS
1. Visitors are always welcome at the Cemetery during the open hours,from
seven a.m.to 9:30 p.m. They are asked to remember the respect due to
the dead.
2. The caretaker and his assistants are empowered and are required to
preserve order and decorum in the Cemetery.
3. No parades,other than funeral processions shall be admitted to or
organized within the Cemetery.
4. Children under the age of sixteen years are not admitted to the grounds
except in charge of an adult,who shall be responsible for their good.
conduct and shall see that they do not run over lots and graves.
5. Vehicles within the Cemetery shall be driven at a speed not exceeding 25
kilometres per hour and shall not leave the avenues.
6. Proprietors of vehicles and their drivers shall be held responsible for any
damage done by them.
7. Have in their possession any firearms within the Cemetery enclosure
except in the case of a Military or Police funeral.
8. No animals shall be allowed in the Cemetery.
9. No picnic party shall be permitted in Cemetery grounds.
10.All persons,with the exception of the interment rights holders from their
own lots only,are prohibited from taking flowers,plants or other
materials from lots or graves in the Cemetery or from picking any
flowers,either wild or cultivated,or breaking any trees,shrub or plant;
or writing upon,defacing or injuring any monument,fence or other
structure in or belonging to the Cemetery;or from making any paths or
short cuts across any part of the Cemetery.
11.Any concerns by interment rights holders or visitors should be made to
the Secretary-Treasurer of the individual Board as listed.
12.Any person disturbing the quiet and good order of the Cemetery by noise
or other improper conduct or who violates these rules may be expelled
from the grounds.
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