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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and amendments thereto pertaining to cemeteries under the jurisdiction of the former Township of Bayham are hereby repealed. 2.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&REGULATIONS) 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&REGULATIONS)(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 l MU IEderra / d 'ae a�"� $r�alvli"E. Cernelery Mice List 0we:mrnd Throw ONMSIIMNS (nod vitt due Omarlolrf4rhtryorOnummaandlMt Ontode When Swifts• rose'shwntr.iurheda ex 350 aa. 8/G.ae4-d as 5eryioaunder TttaCanetadeaAd des Shrikes=comma 1 i �„��yappke Taranto ON MSc MS aw Tart!des fiats de clmeGlaare Aux Courionwskurs (Ilali2aiSi3nllBPdaOCOWS Iv BnVIM geqNtles Comderlarnsfart • Mss nVAA o9Wh" ! •- ' �� ,._._'� •.-. • Pd t3ox/edgerye'P/�„k RD d SE -CAvds'i//.q Oil! 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In WITNESS whereof the Cemetery Owner has affixed its signature by the hands of it s proper signing officer this . day of . .in the year of our Lord, Signature of Interment Rights Holder Signature of Interment Rights Holder For Cemetery Owner: Office: Address: Telephone#: File:Comm/Cemety/Irauster By-law 2000-27 Schedule"0" 1 of I MUNICIPALITY OF BAYHAM Box 160 Straffordville,Ontario NO3 1Y0 Telephone 519-866-5521 REPURCHASE OF INTERMENT RIGHTS REQUEST FORM Regarding the Cemetery Lot Row Certificate# I/We _ of Address: Telephone: hereby request the repurchase of the above noted lot(s)by the Cemetery Board and a refund of the Repurchase Price in the amount of$ 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. (IIJNICIPALITY OF BAYIHAM ; f O �DAD W 0„..W BBS [D///'KNeµ1Y of 50 ;- , .t,\ Cern ETERIE'S 111110 • 9 ',��� prrte., pi_ i.p..,...„, } 6 • - d, ill r Li�� 1 . -'. `4, I : . 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