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HomeMy WebLinkAboutBy-law No. 2012-066 THE CORPORATION OF THE MUNIC ' �� BY-LAW NUMBER 20 2—066 1gg Being a by-law to provide for the maintenance, man gement at �ofrfroi� Cemet s under the jurisdiction of the Municipality of Bayh in accordance_ with the Funer , Burial and Cremation Services Act, 2002 an eigfari `• o a / ,. ON WHEREAS the Council of the Municipality of Bayham acknowledges the following cemeteries for which the Municipality of Bayham is responsible for management, maintenance and control: Bayham Cemeteries With Boards Bayham West(Richmond) Best(Corinth) Calton Eden Dobbie Guysboro Smuck Straffordville Cemeteries Without Boards Claus Edison Firby Light Old Eden Old Richmond (Godwin) Otter Valley Stanton Amerman Hutchison Hemlock Creek Abandoned Estherville (Old Port Burwell) (Otter Valley Baptist) WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous that provision for maintenance, management and control of cemeteries under the jurisdiction of the municipality be approved by By-law; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. By-law 2000-27 as amended by By-laws 2002-072 and 2008-080 are repealed upon approval of this by-law by the Registrar of Cemeteries, Ministry of Consumer Services. 2. This by-law shall be composed of ten sections and attached schedules, namely: Section A Definitions Section B Administration Section C Financial Section D Restrictions (Rules and Regulations) Section E Operations Section F Interment Section G Disinterment Section H Markers Section I Cancellation or Resale of Interment Rights Section J Contractor/Monument Dealers Schedules A, B, C, D, E & F B/L 2012-066 2 GENERAL INFORMATION Inquiries may be made at: Municipality of Bayham 9344 Plank Road, Straffordville, ON NOJ 1Y0 Telephone: 519-866-5521 Fax: 519-866-3884 website: www.bayham.on.ca Email: bayham@bayham.on.ca Hours of Operation: Office Hours: 8:30 a.m. until 4:30 p.m., Monday through Friday, except statutory holidays. Cemetery Visitation Hours: dawn until dusk Burial Hours: dawn until dusk General Conduct: The cemetery reserves full control over the cemetery operations and management of land within the cemetery grounds. No person may damage, destroy, remove or deface any property within the Cemetery. All visitors should conduct themselves in a quiet manner that shall not disturb any service being held. By Law Amendments: The cemetery shall be governed by the cemetery bylaws, and all procedures will comply with the Funeral Burial &Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically. All cemetery by-law amendments requiring approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services must be: a)published once in a newspaper with general circulation in the locality in which the cemetery is located; b) conspicuously posted on a sign at the entrance of each active cemetery; and c) delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the by-law or by-law amendment pertains to markers or their installation. Liability: The cemetery operator will not be held liable for any loss or damage, without limitation (including damage by the elements, Acts of God, or vandals) to, any lot, plot, monument, marker, or other article that has been placed in relation to an interment save and except for direct loss or damage caused by gross negligence of the cemetery. Public Register: Provincial legislation— Section 110 of Ontario Regulation 30/11 requires all cemeteries and crematoriums to maintain a public register that is available to the public during regular office hours. BIL 2012-066 3 Pets or Other Animals: Pets or other Iower animals, including cremated animal remains, are not allowed to be buried on cemetery grounds. Right to Re-Survey: The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities. Notice of Resale and Transfer of Interment Rights: The cemetery operator permits the interment rights holder to sell or transfer his/her interment rights to a third party, at no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the cemetery operator and the purchaser meets the qualifications and requirements as outlined in the cemetery operator's by-laws. The cemetery operator prohibits the resale of interment rights to a third party and is not required to repurchase unused interment rights in a plot (more than one lot) if any of the interment rights in the plot has been exercised. SECTION A: DEFINITIONS "ACT" shall mean the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) "BOARDS" shall mean the Cemetery Board(s) appointed by the Council of the Corporation for terms as outlined in the Organizational Structure. "BURIAL" shall mean the opening and closing of an inground lot or plot for the disposition of human remains or cremated human remains. "BY-LAWS" shall mean the rules under which the Cemeteries are operated. Said by-law shall be approved by both Council of the Corporation and the Registrar. "CARE AND It is a requirement under the FBCSA that a percentage o MAINTENANCE the purchase price of all Interment Rights, and set amounts FUND" for marker and monument installations is contributed into the Care &Maintenance Fund. Interest earned from this fund is used to provide care and maintenance of plots, lots, markers and monuments at the cemetery. "CONTRACT" For purposes of this by-law, all purchasers of interment rights must sign a contract with the cemetery, detailing BIL 2012-066 4 obligations of both parties and acceptance of the cemetery by-laws. "CEMETERY" shall mean the land set aside to be used for the interment of human remains. "CEMETERY shall mean the following services in respect of a lot or plot: SERVICES" (I) opening and closing of a lot or plot; (II) interring or disinterring human remains; (III) construction of a foundation and installation of a marker or monument; (IV) setting of corner posts; "CEMETERY shall mean interment vaults, liners, markers, flowers, SUPPLIES" artificial wreaths, and other articles intended to be placed in a cemetery. "CORNER POSTS" shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot. "CORPORATION" shall mean the Corporation of the Municipality of Bayham. "COUNCIL" shall mean the Municipal Council of the Corporation of the Municipality of Bayham. "GRAVE" (Also known as a Lot)means any inground burial space intended for the interment of a child, adult or cremated human remains. "FBCSA" Funeral, Burial, Cremation Services Act, 2002 "INTERMENT RIGHT" is the right to require or direct the interment of human remains or cremated human remains in a grave or lot and direct the associated memorialization. "INTERMENT is the document issued by the Cemetery to the purchaser RIGHTS once interment rights have been paid in full, identifying CERTIFICATE" ownership of the interment rights. "INTERMENT RIGHTS is any person designated to hold the right to inter human HOLDER" remains in a specified lot. "LOT" For the purpose of this By-law a lot is a single grave space. B/L 2012-066 5 "MARKER" shall mean any permanent memorial structure that is set flush and level with the ground, and used to mark the location of a burial lot. "MONUMENT" Any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot. "CEMETERY OPERATOR" shall mean the municipality or its representative. "PLOT" For the purposes of this by-law, a plot is a parcel of land, sold as a single unit, containing multiple lots. "SCATTERING" shall mean the spreading of cremated remains over ;t designated area within a cemetery. Scattering is not permitted in cemeteries operated by the Municipality of Bayham. "STRUCTURE" shall mean the Organization Structure for Cemeteries under the jurisdiction of the Municipality of Bayham as established by by-law. "SECRETARY- shall mean the Secretary-Treasurer of the individual TREASURER" Cemetery Board(Committee) as outlined in the Organization Structure for Bayham Cemeteries. "TARIFFS & FEES" shall mean the tariff or fees and charges set forth in the fees by-law as approved by the Bayham Council as amended from time to time. SECTION B: ADMINISTRATION 1. The business and affairs of the Cemeteries under the jurisdiction of the Municipality of Bayham shall be managed and supervised by Boards, as outlined in the Organization Structure. Cemeteries listed as not having individual Board, shall be the responsibility of Municipal staff. 2. The Council shall by by-law appoint members of the Boards who shall hold office during the term of Council. 3. Each Board shall be responsible for the administration, management, care, maintenance, and improvement of the Cemetery. 4. Each Board shall have the authority to engage and authorize caretakers, employees or agents to carry out the duties of the Board. B/L 2012-066 6 5. Each Board shall be responsible to the Council for the execution of their duties. 6. The Council shall have the authority to remove any or all of the members of any individual Board for their failure or neglect to carry out their duties or for any other just cause, upon recommendation of the Joint Board. 7 Each Board and the Clerk shall each keep such registers, records and books as are necessary for properly recording all matters, acts, interment rights certificates and matters pertaining to the Cemetery as come within their respective jurisdiction, and as may be prescribed. 8. Each Board shall make and render such reports as maybe prescribed or as the Council may require. SECTION C: FINANCIAL l, All applicable fees and charges shall be payable in accordance with the fees set by the Council upon recommendation of the Joint Cemetery Board. 2. Payments for all fees and charges shall be made to the office of the Secretary- Treasurer of the individual Cemetery Board or the Municipal Clerk or Treasurer as applicable. 3. Each Secretary-Treasurer and/or Treasurer of the Municipality shall keep such books, accounts and records as are necessary for properly recording and exhibiting all financial matters pertaining to the individual Cemetery as may be prescribed, as applicable. 4. All revenue and other monies belonging or pertaining to the Cemetery shall be received by the individual cemetery Secretary-Treasurer or Treasurer of the Municipality as applicable. 5. The Treasurer of the Municipality shall maintain, invest, and administer the Care and Maintenance Fund in accordance with provisions and regulations of the Act. 6. The application and use of monies, or any part thereof, received and under the control and management of the Board may accumulate and be held or subsequently expended or invested. 7. The revenue derived from the Care and Maintenance Fund shall be applied at the discretion of the individual Board, and shall be used for general maintenance and improvement of the Cemetery. 8. The revenue derived from that portion of the Care and Maintenance Fund pertaining to care of markers shall be applied at the discretion of the Board for general maintenance of markers. BIL 2012-066 7 9. Each individual Board shall have the authority to establish special funds for donations. The application and use of said funds shall be at the discretion of the Board. 10. The Board(s) shall not be bound to expend the whole or any part of the interest or monies earned, including the compounding thereof,but may accumulate and hold or subsequently expend the same or any part thereof, or invest the same or any part thereof. 11. A portion of the price of interment rights is trusted into the Care and Maintenance Fund. The income generated from this fund is used to maintain, secure and preserve the cemetery grounds. 12. Services that can be provided through this fund include: • Re-levelling and sodding or seeding of lots; • Maintenance of cemetery roads, sewers and water systems; • Maintenance of perimeter walls and fences; • Maintenance of cemetery Iandscaping; • Repairs and general upkeep of cemetery maintenance buildings and equipment. SECTION D: RESTRICTIONS (RULES & REGULATIONS) 1. All persons entering the Cemetery shall behave with due order and decorum and with due respect to the dead. 2. Interment Rights Holders shall not permit interments to be made in their lots or plots for remuneration. 3. Interment Rights Holders may make arrangements to sell an unused lot to a third ply. 4. Vehicles within the Cemetery shall be driven at a speed not exceeding 25 kilometres per hour and shall not allow wheels of any such vehicles to run on sod. All drivers of any vehicle shall respect all lot or plots as if they were their own. Vehicle owners and drivers shall be held responsible for any damage done by them. 5. Recreational vehicles are not permitted within the Cemetery. 6. No persons under the age of sixteen years shall be admitted within the Cemetery unless attended by an adult who shall be responsible for their conduct. BIL 2012-066 8 7. No persons shall: a) place any fences, railings, or other enclosures around any lot or plot; b) plant any flowers, plants, shrubs or trees without the permission of the Board. The Board reserves the right to enter onto the lot or plot and remove any flowers,plants, shrubs, or trees planted without permission of the Board; c} write upon, deface, injure or damage any markers,railing, fence or other structure, or pick or cut flowers of any kind; d) have in their possession any firearm within the Cemetery enclosure except in the case of a Military or Police Funeral; e) enter into the Cemetery between dusk and dawn the following day; f) allow entry into the Cemetery of any animal under their ownership and/or control. 8. Should any trees, shrubs, bushes, flowers or structures situated on or around any lot by any means become detrimental to adjacent lots, monuments, drains, road or walk ways or to the convenience or safety of the public, or to the general appearance of the grounds, the Board may remove such trees shrubs or structures or any part thereof. 9. In order to preserve the appearance of the grounds, artificial wreaths must be removed off the ground before April 1st of each year. Otherwise the cemetery authorities will remove them. 10. Rubbish shall not be thrown out on roads, walks, or any part of the grounds. A barrel is provided for the deposit of weeds, decayed flowers, plants, etc. 11. No unauthorized person shall make any walk, cut any sod or move corner posts or grave markers in the cemetery or in any other way change the surface of the burial lot in the cemetery. 12. The Board shall not be responsible for loss of or damage to any portable articles left upon any lot or grave. 13. Conveyances heavily loaded shall not be permitted to enter the Cemetery without the approval and supervision of the Board. 14. Any person who damages any lot or plot, marker or other structure, or otherwise does any injury in the Cemetery shall be personally responsible for such damage or injury. BIL 2012-066 9 15. Any person violating any of the provisions of this by-law shall be deemed to be a trespasser and subject to immediate summary eviction from the Cemetery in addition to any and all other penalties provided by law. 16. The cemetery reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders and visitors to the cemetery, prevents the cemetery from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. 17. Prohibited articles will be removed and disposed of without notification and may include articles made of hazardous materials such as glass (excludes glass attached to monuments), ceramics, or corrosive metals; loose stones or sharp objects; trellises or arches; chairs or benches. 18. Flowers placed on a grave for a funeral shall be removed by the cemetery operator, after a reasonable time, to protect the sod. 19. The cemetery reserves the right to remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery. SECTION E: OPERATIONS I Sales 1. Lots or plots, subdivision of lots or plots may be purchased by individuals upon payment of the appropriate Tariff rate. At the time of sale, the Secretary-Treasurer or Clerk of the Municipality of Bayharn shall provide a copy of the following: a) copy of the Contract; and b) copy of the Cemetery By-Law(s). Upon payment in full, the Secretary-Treasurer or Clerk, as applicable, shall provide an Interment Rights Certificate. 2. Purchasers of lots or plots acquire only the right and privilege of interment of human remains and of erecting markers, subject to the provisions of the By-Law. 3. Each purchaser of a lot or plot shall be entitled to an Interment Rights Certificate, but only when all indebtedness has been satisfied and all charges on the lot or plot have been paid. 4. The Interment Rights Certificate shall specify the name of the Interment Rights Holder, the Certificate number, the name and address of the Cemetery, the size of the lot or plot, the location of the lot or plot, the date of purchase, the amount BIL 2012-066 10 paid, the amount deposited into the Care and Maintenance Fund, and a statement regarding transfer restrictions of said interment rights. 5. The Interment Rights Holder must designate in writing, upon the Interment Permission Form, if another person is to be buried in their lot or plot. 6. The Board may restrict the sale of single lots to certain areas in the Cemetery. II Contract 1. The purchaser of Interment Rights shall be provided with a Contract, at the time the Contract is made, which shall indicate: a) the date Interment Rights were purchased; b) the name and address of purchaser; c) the purchase price including an itemized breakdown of charges and all applicable taxes; d) the percentage or amount of the purchase price being set aside for Care and Maintenance; e) the existence of a by-law that governs the operation of the cemetery and includes restrictions on Interment Rights in the cemetery; f) a Certificate of Interment Rights will not be issued until the Interment Rights including Care and Maintenance have been paid in full; and g) Interment rights may be resold to a third party, through the operator. III Transfers 1. Sale: Only licensed cemetery operators can sell Interment Rights, however individual interment rights holders may re-sell his/her interment rights to a third party, through the cemetery operator, if they have not been used. See Section I for Cancellation or Resale of Interment Rights details. An individual who wishes to sell his/her unused interment rights back to the cemetery, may negotiate with the Cemetery operator. The operator may negotiate a price less the amount placed into the Care and Maintenance Fund. The Cemetery operator is not obligated to repurchase. Transfer: For the purposes of this subsection, "transfer" means a gift, a bequest or any other transfer made without consideration. If an Interment Rights Holder wishes to transfer their interment rights, notice must be given, on the appropriate transfer form, attached as Schedule "E", to the Board Secretary-Treasurer or Clerk and the original certificate must be returned. The Secretary-Treasurer or Clerk shall issue a new certificate of interment rights to the transferee. The transfer of ownership BIL 2012-066 11 of Interment Rights is not binding upon the Board until a duly executed transfer form has been deposited with the Secretary-Treasurer or Clerk. 2. Upon receipt of a request, on the appropriate transfer form, attached as Schedule "E", from the Interment Rights Holder specifying the name and address of the transferor and the transferee, and location of lot or plot, the Secretary-Treasurer or Clerk, upon payment of the transfer fee in accordance with the Tariff, will perform the transfer. 3. In case of succession the following will be required in addition to Clause 2 above (unless otherwise ordered by the Board): a) with a Last Will and Testament: (i) in case of a specific bequest of the lot or plot, a Notarial Copy or Court Certified Copy of the will or probate; (ii) if no specific bequest, a request in writing from the Executors with the written consent of all or a majority of the beneficiaries; b) Intestate: A request in writing from the Executor with the consent of all or a majority of the heirs-at-law. IV Corner Posts 1. The boundaries of any new Iot or plot sold shall be marked with corner posts on approval by the Board. All corner posts are to be placed by the Board at the expense of the owner of the lot or plot wherein the same are placed. 2. All corner posts shall be placed level with the ground. SECTION F: INTERMENT 1. No interment shall take place until such time as the lot or plot has been paid for in full. 2. For every interment the Board must obtain a burial permit or cremation certificate, applicable fees and a completed Interment Permission form if required. 3. No interment shall be made on Sunday, Good Friday or Christmas Day, except in accordance with the regulations of the Medical Officer of Health. 4. Interments shall take place between the 1St of April and the 1st of November unless otherwise authorized by the Board. BIL 2012-066 12 5. No more than two interments may be made in the same lot, and the first interment must be in a concrete vault. Installation of a concrete vault, for safety precautions, is recommended. 6. No more than one interment may be made in a lot if a second interment would leave less than two feet of earth at the surrounding ground level, over the case used in such second interment. 7. No more than four(4) cremation interments, if placement allows, shall be made in the regular lots. 8. Workmen shall cease work, if in the immediate vicinity of a funeral,until the conclusion of the service. 9. All work must be done during regular Cemetery hours, unless by special permission of the Board. 10. Notice of each interment shall be given to the Secretary-Treasurer or Clerk. A minimum of 24 hours notice (not including Saturday, Sunday or holidays) is required unless otherwise ordered by the Medical Officer of Health. 11. An interment rights holder must provide authorization in writing prior to a burial taking place. Should the interment rights holder be deceased, and the interment rights holder has not designated persons to be interred, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder i.e. Estate Trustee or Executor. 12. A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the cemetery operator prior to a burial taking place. 13. A Certificate of Cremation must be submitted to the cemetery operator prior to the burial of cremated remains taking place. 14. In accordance with the FBCSA the purchaser of interment rights must enter into a cemetery contract,providing such information as may be required by the cemetery operator for the completion of the contract and the public register prior to each burial of human remains. 15. The opening and closing of graves, may only be conducted by contractors designated to do work on behalf of the cemetery. 16. Cremated remains are not permitted to be scattered on a grave. BIL 2012-066 13 SECTION G: DISINTERMENT 1. No disinterment shall be allowed in any lot or plot nor any body removed therefrom unless in accordance with Section 101 or 102 of the FBCSA. 2. A certificate from the local medical officer of health must be received by the cemetery operator before the removal of casketed human remains may take place. 3. A certificate from the local medical officer of health is not required for the removal of cremated remains. 4. In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin. SECTION H: MARKERS 1. The Board requires order forms from Monument Dealers showing monument size,base size, property location, and the fee for Marker Care and Maintenance Fund before constructing the foundation for markers. 2. The Board reserves the right to determine the maximum size of markers, their composition, their number and their location on each lot or plot. a) not more than one marker shall be erected on any one lot; b) the minimum thickness of an upright marker shall be 6 inches at narrowest point, and every flat marker, including foot stones, shall be a minimum thickness of 4 inches; c) all markers, other than markers located on a single lot, shall not exceed 42 inches in height, including the base; d) upright markers on a single lot shall not exceed 24 inches wide by 34 inches high, including the base; e) all flat markers on a single lot shall not exceed 24 inches wide 18 inches deep, and shall be installed flush with the ground level. Every flat marker shall be placed on a base of gravel or crushed stone to a minimum depth of 6 inches, or set in concrete to a depth of 6 inches. The said base shall have a 4 inch border of the same material as the base; f) all markers shall be made of natural stone (granite) or bronze; g} no marker shall be allowed to stand on the interment space in any lot or plot. BIL 2012-066 14 3. Markers to be erected shall be set upon a concrete foundation which shall be no less than five feet in depth and must exceed the marker by a minimum of three inches on all sides. All foundations shall be set one inch above the surface of the ground. Foundation must be approved by the Cemetery operator before the marker is erected thereon. 4. No marker shall be erected without the supervision of the Board or Municipal staff. 5. The Board reserves the right to enter onto the lot or plot and remove any marker or other structure, or any inscription placed in or upon any lot or plot which is not in keeping with the dignity and decorum of the cemetery. 6. Markers may be scratched or chipped by equipment during regular maintenance of the Cemetery grounds and the operator shall not be held responsible for such damage. 7. Should any monument or marker present a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary by way of repairing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. 8. No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. 9. No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the cemetery operator. 10. The cemetery operator will take reasonable precautions to protect the property of interment rights holders,but it assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. 11. The cemetery operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments. 12. All foundations for monuments and markers shall be contracted to be built at the expense of the interment rights holder. 13. The cemetery operator reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Board. 4:. A monument or other structure shall be erected only after the location has been marked and the hole for the foundation inspected by the cemetery operator or municipal staff. BIL 2012-066 15 15. In keeping with the cemetery by-laws only one monument shall be erected within the designated space on any lot. 16. No monument shall be delivered to the cemetery for installation until the monument foundation has been completed. 17. Markers and footstones of bronze or granite are permitted with size and quantity restrictions according to cemetery by-laws and the placement of such memorials shall not interfere with future interments. 18. All single lots are a minimum size of 3' x 8'. SECTION I CANCELLATION OR RESALE OF INTERMENT RIGHTS 1. Purchasers of interment rights acquire only the right to direct the burial of human remains and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-laws. 2. In accordance with cemetery by-laws, no burial or installation of any monument, marker, inscription or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate will be issued to the interment rights holder when payment has been made in full. 3. The purchase of interment rights is not a purchase of Real Estate or real property. 4. An interment rights holder wishing to resell their interment rights shall advise the cemetery operator of their intention prior to seeking a third party buyer for their interment rights. Cancellation of Interment Rights within 30 Day Cooling-Off Period: 1. A purchaser has the right to cancel an interment rights contract within thirty(30) days of signing the interment rights contract,by providing written notice of the cancellation to the cemetery operator. 2. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. Resale of Interment Rights after 30 Day Cooling-Off Period: 1. Unless the interment rights have been exercised the purchaser retains the right to BIL 2012-066 16 re-sell the interment rights. 2. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has the right to re-sell the interment rights. 3. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA. 4. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment rights. Care and Maintenance Fund Contributions: 1. As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, and a prescribed amount for monuments and markers is contributed into the care and maintenance fund. 2. Income from this fund is used to provide only general care and maintenance of the cemetery. 3. Contributions to the care and maintenance fund are not refundable except when interment rights are cancelled within the 30 day cooling off period. Permission to re-sell interment rights to a third party: NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE CEMETERY OPERATOR. The cemetery operator chooses to permit the interment rights holder(s) to re-sell the interment rights to a third party in accordance with the cemetery by-laws and the FBCSA. Requirements when resale of interment rights is permitted by the cemetery operator The interment rights holder(s) intending to sell their rights shall provide the following documents to the cemetery operator so that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate: 1. an interment rights certificate endorsed by the current rights holder; 2. a written statement of the number of lots that have been used in the plot and the number of lots that remain available (No sale of interment rights is permitted if any of the interment rights have been used); 3. any other documentation in the interment rights holder(s) possession relating to the rights. BIL 2012-066 17 If no interment rights have been used, the third party purchaser will be provided with the following documents by the cemetery operator: 1. an interment rights certificate endorsed by the current rights holder; 2. a copy of the cemetery's current by-laws; 3. a copy of the cemetery's current price list; 4. any other relevant documentation in the cemetery operator's possession relating to the rights. The cemetery operator will require: 1. a resale endorsement(Schedule "C") signed by the rights holder(s) selling the interment rights, acknowledging the sale of the interment rights to the third party purchaser; 2. confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the interment rights; 3. the date of resale of the interment rights to the third party; 4. the name and address of the third party purchaser(s); 5. a statement of any money owing to the Cemetery Operator in respect to the interment rights. Once the endorsed certificate and all required information has been received by the cemetery operator from the rights holder(s), the cemetery operator will issue a new interment rights certificate to the third party purchaser. Upon completion of the above listed procedures, and upon the issuance of the new interment rights certificate, the third party purchaser or transferee(s) shall be considered the current interment rights holder(s) and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by-laws and the FBCSA. The cemetery operator may charge an administration fee for the issuance of a new certificate in accordance with the price listed on the cemetery operator's current price list. When the cemetery operator does not prohibit the resale of interment rights, the operator may repurchase the interment rights portion from the rights holder(s) by negotiating a purchase price, so long as the seller acknowledges being aware of the cemetery operator's current price list amount for interment rights. SECTION J CONTRACTOR/MONUMENT DEALERS Any contract work to be performed within the cemetery requires the written pre-approval of the interment rights holder and the cemetery operator before the work may begin. Pre-approval includes but is not limited to landscaping, delivery/installation of foundations, monuments and markers, inscriptions, designs, drawings,plans and detailed specifications relating to the work,proof of all applicable government approvals and permits and the location of the work to be performed. It is the responsibility of all BIL 2012-066 18 contractors to report to the cemetery operator and provide the necessary approvals before commencing work at any location on the cemetery property. Prior to the start of any said work, contractors must provide proof of: WSIB coverage; and Evidence of liability insurance of not less than $2 million. 1. All cemetery by-laws apply to all contractors for all work carried out within the cemetery grounds. 2. Contractors, monument dealers and suppliers shall perform work at the cemetery during the regular visitation hours of the cemetery. 3. Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral, until the conclusion of the service. 4. The cemetery reserves the right to temporarily cease contractor operations at their sole discretion if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the cemetery. 5. Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage. Schedules "A"to "F" are attached hereto and forming part of this by-law. This By-law shall be in full force and effect upon approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS Ministry of ^ ' deb Government ervaree Services r�ouverr+Rfnntttaux Cemeteries Reglomentetioh Ontario Regulation die eitnettor+a APPROVED APPROUV / �.- in accordance with the conrormOment Stilt regulations Cemeteries Act. The Lot S�leeec otidr t� ateoA,Prl 1 -Z L, ri .i+ _•>> M YOR OalFile No.ot Cemetery/ �t51 —®- � Nematode =du date CLERK APPROVED BY THE REGISTRAR, CEMETERIES REGULATION UNIT, MINISTRY OF CONSUMER SERVICES THIS DAY OF 2012. CONTRACT FOR PURCHASE OF INTERMENT RIGHTS OR CEMETERY SUPPLIES OR SERVICES The Corporation of the Municipality of Bayham Box 160,9344 Plank Road, Straffordville,ON NOJ 1Y0 Telephone: 519-866-5521 Cemetery operator License#3267732 In Name and Address of Cemetery CONTRACT INFORMATION Contract Reference# Date of issue PURCHASER INFORMATION Name Address Municipality Province Postal Code Telephone e-mail address Purchaser's relationship to the Recipient(s) RECIPIENT#1 INFORMATION RECIPIENT#2 INFORMATION Name Name Address Address Municipality Municipality Province Province Postal Code Postal Code Telephone Telephone Date of birth Date of Birth Place of birth Place of Birth This contract is between the Purchaser: AND The Corporation of the Municipality of Bayham concerning cemetery Interment Rights for the recipient(s) as identified in this contract. The Purchaser(if different than the Recipient(s)represents being legally authorized or charged with the responsibility for the Recipient(s) cemetery Interment Rights and cemetery pre-paid supplies and services arrangements specified in this contract. This agreement will be enforceable to the benefit of and be binding upon the parties hereto and their respective heirs,heirs, executors; administrators, successors, and assigns. Interments Rights per single lot may include: One(1) full size traditional interment and one (1) cremation interment,provided the first interment is in a vault, or up to four(4) cremation interments, at a depth that permits two feet of earth to cover the top burial. The purchase price permits one interment only in a lot. Each additional interment is subject to an additional fee as may be in place at time of such interment. To be made in DUPLICATE Schedule"A"to B/L 2012-066 _2- Any burial of an additional interment rights holder subsequent to the initial burial may be placed only if interment rights have been granted by the interment rights holder and after the applicable interment fee has been paid to the cemetery operator. ITEMS PURCHASED: Interment Rights description: Location Block Section/Grave(s): Row Space No. of graves(s) Dimensions per lot Area of square feet. Care and Maintenance Fund contributions from purchase of interment rights: (Example: The Purchase Price of$600.00(six hundred dollars)per lot includes $300.00 to the Care and Maintenance Fund.) #Adult Lot(s)purchased: at$600.00 each, equals which includes $ to Care and Maintenance Fund. Plus Services: Identification&marking of lot for burial Identification&marking of lot for marker placement PIacement of up to four corner markers provided by interment rights holder Duplicate Interment Rights Certificate—Transfer Duplicate Interment Rights Certificate--Resale Interment Permission Form No charge Cremation fee for opening&closing grave Fee for each additional interment in a Iot Extra copy of Cemetery By-law/Booklet For a contract total of$ It is agreed between the parties that this contract is subject to the Cemetery By-laws of the Municipality of Bayham and the Purchaser hereby acknowledges receipt of a copy of the By-laws and the "Terms & Conditions of Contract"attached have been read and understood. Ordered by: Cemetery Representative: (Purchaser Signature) Date: Address: Telephone#: Schedule"A"to B/L 2012-066 -3- TERMS & CONDITIONS OF CONTRACT 1. THE FOLLOWING TRUSTING PROVISIONS ARE IN EFFECT: Per each Adult Lot: 40%of the Purchase price or$300,whichever is greater 2. CONTRIBUTION TO CARE AND MAINTENANCE FOR MARKER INSTALLATION: Flat marker 173 square inches or more: $50. Upright monument up to 4 feet in height or width $100. Upright monument more than 4 feet in height or width $200. 3. A CONTRACT FOR THE PURCHASE OF INTERMENT RIGHTS INCLUDES: • In accordance with the cemetery By-law 2012-066,the following restrictions on the exercising of interment rights and documents required are: As per Section"F"Interment. • If an interment rights holder desires to transfer an interment right,the rights holder shall give notice on the appropriate form Schedule"E"to the cemetery owner and return the original interment rights certificate. The cemetery owner shall issue a new interment rights certificate to the Transferee. • In accordance with By-law 2012-066,the following restrictions on the transfer of interment rights apply: as per Section"E"Operations III(1), (2)and(3). • The resale of interment rights after 30 days by the purchaser or interment rights holder,as applicable,to a third party is now permitted. Please refer to Section "I"Cancellation or Resale of Interment Rights. NOTE:ALL THIRD PARTY RESALES OF INTERMENT RIGHTS SHALL BE CARRIED OUT THROUGH THE CEMETERY OPERATOR. 4. CANCELLATION OF CONTRACT • If the above Interment Rights have been paid for in full,have not been used, and the Interment Rights Certificate has not been issued, the Purchaser may, in writing to the owner, within thirty(30)days from the signing of the contract, cancel this contract and receive a full refund. • If the above Interment Rights have been paid for in full,have not been used, and the Interment Rights Certificate has been issued,the Interment Rights Holder(s)may, in writing to the owner,within thirty(30) days from the signing of the contract, cancel this contract and receive a full refund. The Purchaser or Interment Rights Holder,as applicable,may in writing to the owner,within thirty (30)days from the signing of the contract cancel prepaid supplies and services,provided they are paid in full,and receive the refund. 5. RESALE OF INTERMENT RIGHTS AFTER 30 DAY COOLING-OFF PERIOD&PRICE • Unless the interment rights have been exercised the Purchaser or Interment Rights Holder, as applicable,retains the right to re-sell the interment rights. • A Purchaser or an Interment Rights Holder cannot re-sell their Interment Rights for more than the current value on the cemetery price list. Schedule"A"to B/L 2012-066 -4- • The cost for the cemetery operator to complete and provide a new Interment Rights Certificate upon resale is $75. 6. SUBDIVISION OF INTERMENT RIGHTS • No Purchaser or Interment Rights Holder(s)may sub-divide and sell or transfer a portion of an Interment Rights. 7. MEMORIALIZATION • The purchase of a lot permits placement of a maximum of one upright monument only centered on 1 traditional interment plus 1 cremation or on up to 4 cremations only, subject to approved by-laws. • Care and Maintenance Fund Contribution for Marker and Monument Installation: In accordance with the FBCSA and Ontario Regulation 30/11, the following contributions will be made to the Care and Maintenance Fund for every installation of a marker or monument: (a) In the case of installing a flat marker measuring less than 1,116.3 sq.m. (173 sq.in.) $0.00 (b) In the case of installing a flat marker measuring over 1,116.3 sq.m. (173 sq.in.) $50.00 (c) In the case of installing an upright monument measuring more than 1.22 m. (4 ft.) Or less in height or length, including the base$100.00 (d)In case of installing an upright monument measuring more than 1.22m. (4 ft.) either In height or length, including the base$200.00 • Interment Rights Holder(s)request to remove memorialization: A marker,monument, or memorialization purchased and/or installed by anyone other than the Rights Holder(s). may be removed by the cemetery staff on the written request of the Rights Holder(s). 8. PAYMENT TERMS • Payment in full is required at time of purchase. Full payment must be made before any burial or memorialization can take place. An Interment Rights Certificate will not be issued until the Interment Right(s)has been paid in full. An Interment Rights Certificate(s)will be issued within 14 days of full payment and signing of the contract by the operator. 9. CAUSES BEYOND THE CEMETERY OPERATOR'S CONTROL • The cemetery operator cannot be responsible if unable/prevented from carrying out this contract due to causes beyond its control. Privacy Policy Personal Information: The Purchaser acknowledges and provides consent to permit the Corporation of the Municipality of Bayham to collect, use and disclose your personal information in accordance with the requirements under the FBCSA and Ontario Regulation 30/11 for information within the municipal owned cemeteries public register. The Purchaser also understands that the Corporation of the Municipality of Bayham does not rent or sell personal information to third party organizations. Schedule"A"to B/L 2012-066 -5 Consumer Information Guide and cemetery price list: By initialing below, the purchaser acknowledges receiving a copy of the Ontario Government's Consumer information Guide (where made available by the Registrar) and the cemetery price list at the time of entering into this contract. {_} I hereby acknowledge I have been offered and/or received a copy of the Ontario Government's Consumer Information Guide and the Cemetery Price List. I have reviewed the Contract's terms and conditions and hereby confirm that the Interment Rights, as specified in this contract are complete and correct. I direct the operator to proceed with the sale of the Interment Right(s),as identified in the contract in accordance with the cemetery by❑laws which are now or at any time hereafter in force. {_} I hereby acknowledge I have received and reviewed a copy of the cemetery's by❑laws. The Terms and Conditions set out in this contract expire within 30 days unless executed by the purchaser and the operator. The contract date set out below is the date on which this contract is accepted by the operator. { } I acknowledge having received a copy of this contract, and assume full responsibility for payment of the total contract amount to the operator in accordance with the contract's terms and conditions. Purchaser: Date: Accepted on behalf of the Operator by: Name: Date: � MUNICIPALITY OF BAYHAM _ 9344 Plank Road, Straffordville,ON NOJ 1YO Telephone 519-866-5521 Schedule"B"to BIL 2012-066 INTERMENT RIGHTS CERTIFICATE Certificate#: Operator License#3267732 Pursuant to the Cemeteries Act and Regulations and all amendments thereto, BETWEEN: The Municipality of Bayham Cemetery Name and Address Here hereinafter called"The Cemetery Operator" AND: Interment Rights Holder, hereinafter called the"Purchaser" In consideration of the sum of Dollars ($ ), receipt of which is hereby acknowledged, and which included the sum of Dollars ($ ), for Care and Maintenance which is deposited with the Municipality of Bayham, the Cemetery Operator agrees to assign the Purchaser the Interment Rights as follows: Section: Block: Plot# Row: Grave(s)/Lot(s): Area of square feet. Date of Purchase or Transfer: The Purchaser,by acceptance of this indenture indicated that the By-law(s) governing the operation of the cemetery have been received and read and agrees to be guided by the said By-law(s) as well as the provisions of the Funeral, Burial and Cremation Services Act, and Regulations thereto as if these were included as part of this indenture. The Purchaser agrees that in the event of resale or transfer of the said Internment Rights, this certificate cannot be transferred but will be returned to the Cemetery Operator who will issue a new certificate to the Transferee. With respect to the erection or installation of markers, the Purchaser agrees to abide by the by-law(s) of the cemetery, wherein restrictions on the erection or installation of markers are given and by which a copy of the by-law(s) have been provided to the Purchaser. In WITNESS whereof the Cemetery Operator has affixed its signature by the hands of its proper signing officer this day of in the year Signature: Name: Address: To be made in DUPLICATE(Issue one certificate for each lot sold) 2012 RESALE ENDORSEMENT OF INTERMENT RIGHTS Schedule "C"to B/L 2012-066 Part 1 —Rights Holder(s) Endorsement of Resale I/we, the Interment Rights Holder(s)registered on the cemetery records, hereby wish to sell the Interment Rights in Row , Section Lot(s) in the Cemetery at , to the third party purchaser(the "Transferee(s)" I/we certify that the Interment Rights are being resold in accordance with the Funeral Burial and Cremation Services Act, 2002 (FBCSA) and Ontario Regulation 30/11, and the Cemetery By- law(s). I/we further certify that the resale is for an amount no greater than the value on the cemetery price list in effect, at the time this resale is completed. Uwe hereby acknowledge and direct the Cemetery to resell the Interment Rights to the Transferee(s) listed below. Signed: Rights Holder [Note: If there are more than one Rights Holder, all living Rights Holders shall sign the endorsement certificate.] Part 2—Acknowledgement of Transferee(s) Uwe the Transferee(s) acknowledge that we have received a current copy of the Cemetery By- laws from the Rights Holder(s). Uwe have reviewed the Cemetery By-laws as they may apply to the Interment Rights and hereby agree to abide by the Cemetery By-laws and certify that I/we meet all necessary qualifications and restrictions under those By-laws. I/we have been informed by the Rights Holder(s) that the Interment Rights being resold contains lot(s), and that no lot(s)have been utilized and said lots remain available for future use. Transferee's Name: Address: City: Province: Postal Code Signed: [Note: If there are more than one transferee, all transferees should be listed in full on the endorsement certificate in order to register their names and addresses on the cemetery records.] Part 3—Cemetery Operator Acknowledgement and Acceptance of the Resale Cemetery hereby confirms that the cemetery records have been reviewed and that the above Rights Holder(s) are registered on the cemetery records and have the authority to resell the Interment Rights to the Transferee(s). It is also confirmed that no monies are owing by the Rights Holder(s) to the Cemetery in respect of the Interment Rights. Cemetery hereby accepts and confirms that the resale has been recorded on the cemetery records and have issued a new Interments Rights Certificate in the name of the Transferee(s). Accepted on behalf of the Cemetery Licensee: License#3267732 Date of Resale: Resale Transfer Fee: $75.00 Schedule"D"to B/L 2012-066 r of 1 MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville,ON NOJ 1YO Telephone 519-866-5521 INTERMENT PERMISSION FORM Regarding the Cemetery at Plot Row Section: Block: Grave: Certificate# I/We of Address: Telephone: hereby authorize the burial of in the above noted lot. I acknowledge the following interment requirements (Section F#5, 6 & 7): I. No more than two interments may be made in the same lot, and the first interment must be in a concrete vault. Installation of a concrete vault, for safety precautions, is recommended for all interments other than cremations. 2. No more than one interment may be made in a lot if a second interment would leave less than two feet of earth at the surrounding ground level, over the case used in such second interment. 3. No more than four(4) cremation interments, if placement allows, shall be made in the regular lots. In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing officer this day of in the year Signature of Interment Rights Holder (Both if Joint certificate holders only) Signature of Interment Rights Holder For Cemetery Operator: Office: Address: Telephone#: _ 2012 Schedule"E"to B/L 2012-066 1 of 1 MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville,ON NOJ 1Y0 Telephone 519-866-5521 TRANSFER FORM Regarding the Cemetery at Lot Row Certificate# I/We of Address: Telephone: hereby authorize the transfer of the above noted lots)made without consideration, as a gift to: Name(s) Address Telephone: I/We hereby relinquish all rights to the above lot(s) and submit the original copy of the Interment Rights Certificate and request that the Cemetery Operator issue a new certificate in the above noted name(s). In WITNESS whereof the Cemetery Operator has affixed its signature by the hands of it's proper signing officer this day of in the year Signature of Interment Rights Holder (Both if Joint Certificate Holders only) Transfer Fee: $ Signature of Interment Rights Holder For Cemetery Owner: Office: Address: Telephone#: 2012 Schedule"F"to B/L 2012-066 1 of 1 MUNICIPALITY OF BAYHAM Box 160 Straffordville,Ontario NOJ 1Y0 Telephone 519-866-5521 Website: www.bavham.on.ca Email: bavham(14bavham.on.ca REPURCHASE OF INTERMENT RIGHTS REQUEST FORM Regarding the Cemetery Lot Row Certificate# I/We of Address: Telephone: hereby request the repurchase of the above noted lot(s)by the Cemetery Board and a negotiated refund agreed to in the amount of$ I/We hereby submit the original copy of the Interment Rights Certificate and upon receipt of the Repurchase Price, I/we hereby relinquish all rights to the above lot(s). In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing officer this day of in the year Signature of Interment Rights Holder Signature of Interment Rights Holder For Cemetery Operator: Office: Address: Telephone#: THIS FORM TO BE USED ONLY WHEN THE CEMETERY OPERATOR CHOOSES TO NEGOTIATE THE REPURCHASE OF INTERMENT RIGHTS 2012