HomeMy WebLinkAboutBy-law No. 2012-101 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NUMBER 2012-101
BEING A BY-LAW TO AMEND BY-LAW 2012-066
WHEREAS the Council of the Municipality of Bayham passed By-law 2012-066 to
provide for the maintenance,management and control of cemeteries under the
jurisdiction of the Municipality of Bayham in accordance with the Funeral, Burial and
Cremation Services Act, 2002 and Ontario Regulation 30/11 on June 7, 2012;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to
amend by-law 2012-066;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT Schedule "A"to By-law 2012-066 passed June 7, 2012, be and the same is
hereby repealed and replaced with Schedule "A"as attached hereto and forming part
of this by-law.
2. THAT this by-law shall to come into full force and effect upon passage.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
20TH DAY OF SEPTEMBER,2012
MA OR
CLERK
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
Placement 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 lot
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
I. 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 pre-paid 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
O 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: