HomeMy WebLinkAboutBy-law No. 2015-116 I PAUL SHIPWAY,ADMINISTRATORIDEPUIYCLERK n"L,
Corporation of the Municipality of B ' ,,
certify the foregoing is a true copy
Dated this 5..day of • Y _ .....w
BY-LAW NO. 2015-116
OF THE
CORPORATION OF MUNICIPALITY OF BAYHAM — J i F INE D
BEING A BY-LAW FOR THE MANAGEMENT, REGULATION MAY 18 2016
& CONTROL OF CEMETERIES
WHEREAS pursuant to the Funeral, Burial and Cremation Services Act 2002, Ontario
Regulation 30/11, s. 150 (1) an owner of a cemetery or crematorium may make by-
laws affecting the operation of the cemetery or crematorium;
AND WHEREAS the Corporation of the Municipality of Bayham is the owner of
cemeteries;
AND WHEREAS on May 9, 2016 the Bereavement Authority of Ontario required
amendments to the By-law;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the Cemeteries By-law
Section 1 - Definitions
1.1 For the purpose of this By-law:
a) 'Act' shall mean the Funeral, Burial and Cremation Services Act, 2002, as
amended and the Regulations thereto.
b) `Board' shall mean the Cemetery Board appointed by the Municipality to oversee
the Cemetery in accordance with the Cemetery By-law and the Act.
c) `Burial' shall mean the opening and closing of an in ground lot or plot for the
disposition of human remains or cremated human remains.
d) 'Care and Maintenance Fund' shall mean the trust fund established pursuant to
the Act and Regulations thereto for the purpose of providing money for the care
and maintenance of the cemetery.
e) `Cemetery' shall mean lands set aside and approved for the interment of human
remains and includes a mausoleum, columbarium, scattering garden, chapel or
other similar structures.
f) `Cemetery Operator' shall mean the Municipality or designate.
g) `Cemetery Services' shall mean:
opening and closing of a lot or plot;
ii. interring or disinterring human remains;
iii. construction of a foundation and installation of a marker or monument;
iv. setting of corner posts
v. placement of cremated remains in a columbarium.
h) `Cemetery Supplies' shall mean interment vaults, liners, markers, flowers,
artificial wreaths, caskets, coffins, markers, monuments and other articles
intended to be placed in a cemetery.
i) `Columbarium' shall mean a structure designed for the interment of cremated
human remains in sealed compartments known as a `niche';
j) `Corner Posts' shall mean any stone or other land markers which shall be set
flush with the surface of the ground and used to indicate the location of a lot or
plot.
k) `Corporation' shall mean the Corporation of the Municipality of Bayham.
I) `Council' shall mean the Council of the Corporation of the Municipality of
Bayham.
m) 'Foot Stones' shall mean a stone placed at the foot of a plot.
n) `Interment Right' shall mean the right to require or direct the interment of human
remains or cremated human remains in a lot or niche and direct the associated
memorialization.
o) `Interment Rights Certificate' shall mean the document issued by the Cemetery
to the purchaser once interment rights have been paid in full, identifying
ownership of the interment rights.
p) `Interment Rights Holder' shall mean the person designated to hold the right to
inter human remains in a specified lot or niche pursuant to the provisions of the
Cemetery By-law.
q) 'Lot' shall mean an area of land containing or set aside to contain human remains
and includes a tomb, crypt, a compartment in a mausoleum and a niche in a
columbarium or mausoleum.
r) `Marker' shall mean any permanent memorial structure that is set flush and level
with the ground, and used to mark the location of a burial lot.
s) `Monument' shall mean any permanent memorial projecting above the ground
installed within the designated space to mark the location of a burial or lot.
t) `Plot' shall mean two or more lots in which the rights to inter have been sold as a
unit.
u) `Price List' shall mean the Cemetery `Price List' set forth in the appropriate by-
law as approved by Council as amended from time to time.
v) `Scattering' shall mean the spreading of cremated remains over a designated
area within a Cemetery.
w) `Secretary-Treasurer' shall mean the Secretary-Treasurer of the Board as
outlined in the Municipality of Bayham Advisory Board and Committee Policy.
Section 2— General Provisions
2.1 All persons entering the Cemetery shall behave with due order and decorum and
with due respect to the dead.
2.2 Interment Rights Holders shall not permit interments to be made in their lots or
plots for remuneration.
2.3 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. Vehicle owners and drivers shall be held responsible for any damage done
by them.
2.4 Recreational vehicles are not permitted within the Cemetery.
2.5 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.
2.6 No persons shall:
i. place any fences, railings, or other enclosures around any lot or plot;
ii. plant any flowers, plants, shrubs or trees without the permission of the
Board. The Board reserves the right to enter onto the lot or plot and remove
any flowers, plants, shrubs, or trees planted without permission of the Board;
iii. write upon, deface, injure or damage any markers, railing, fence or other
structure, or pick or cut flowers of any kind;
iv. have in their possession any firearm within the Cemetery enclosure except in
the case of a Military or Police Funeral;
v. enter into the Cemetery between dusk and dawn;
vi. allow entry into the Cemetery of any animal under their ownership and/or
control, excluding guide animals.
2.7 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.
2.8 In order to preserve the appearance of the grounds, artificial wreaths must be
removed off the ground before April 1st of each year. Otherwise the cemetery
authorities will remove them.
2.9 Rubbish shall not be thrown out on roads, walks, or any part of the grounds. A
barrel is provided for the deposit of weeds, decayed flowers, plants, etc.
2.10 No unauthorized person shall make any walk, cut any sod or move corner posts
or grave markers in the cemetery or in any other way change the surface of any
burial lot in the cemetery.
2.11 The Board shall not be responsible for loss of or damage to any portable articles
left upon any lot or grave.
2.12 Conveyances heavily loaded shall not be permitted to enter the Cemetery without
the approval and supervision of the Board.
2.13 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.
2.14 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.
2.15 The cemetery reserves the right to regulate the articles placed on lots or plots
that pose a threat to the safety of all interment rights holders and visitors to the
cemetery, prevents the cemetery from performing general cemetery operations,
or are not in keeping with the respect and dignity of the cemetery.
2.16 Prohibited articles will be removed and disposed of without notification and may
include articles made of hazardous materials such as glass (excludes glass
attached to monuments), ceramics, or corrosive metals; loose stones or sharp
objects; trellises or arches; chairs or benches.
2.17 Flowers placed on a grave for a funeral shall be removed by the cemetery
operator, after a reasonable time, to protect the sod.
2.18 The cemetery reserves the right to remove quantities of memorial wreaths or
flowers considered to be excessive and that diminishes the otherwise tidy
appearance of the cemetery.
2.19 The Hours of Operation for Cemeteries shall be 8:30 a.m. until 4:30 p.m.,
Monday through Friday, except statutory holidays.
2.20 The hours for Cemetery Visitation shall be from dawn until dusk.
2.21 The cemetery operator will not be held liable for any loss or damage, without
limitation (including damage by the elements, Acts of God, or vandals) to, any lot,
plot, monument, marker, or other article that has been placed in relation to an
interment save and except for direct loss or damage caused by gross negligence
of the cemetery.
2.22 Provincial legislation — Section 110 of Ontario Regulation 30/11 requires all
cemeteries and crematoriums to maintain a public register that is available to the
public during regular office hours.
2.23 Pets or other lower animals, including cremated animal remains, are not allowed
to be buried on cemetery grounds.
2.24 The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot,
change or remove plantings, grade, close pathways or roads, alter in shape or
size, or otherwise change all or any part of the cemetery, subject to approval of
the appropriate authorities.
2.25 Bayham Cemeteries With Boards
Bayham West (Richmond) Cemetery Eden Cemetery
Best (Corinth) Cemetery Guysboro Cemetery
Calton Cemetery Smuck Cemetery
Dobbie Cemetery Straffordville Cemetery
Cemeteries Without Boards
Abandoned Cemetery Hemlock Creek Cemetery
Amerman Cemetery Hutchison Cemetery
Claus Cemetery Light Cemetery
Edison Cemetery Old Eden Cemetery
Estherville (Old Port Burwell) Old Richmond (Godwin) Cemetery
(Otter Valley Baptist) Cemetery Otter Valley Cemetery
Firby Cemetery Stanton Cemeter
Section 3 - Operations
FINANCIAL
3.1 All applicable fees and charges shall be payable in accordance with the fees set by
the Council upon recommendation of the Board and listed on the Cemetery Price
List.
3.2 Payments for all fees and charges shall be made to the office of the Secretary-
Treasurer of the Board and transferred to the Treasurer as applicable.
3.3 A 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 Cemetery as may be prescribed, as applicable.
3.4 All revenue and other monies belonging or pertaining to the Cemetery shall be
received by the Secretary-Treasurer or Treasurer of the Municipality as applicable.
3.5 The Treasurer of the Municipality shall maintain, invest, and administer the Care
and Maintenance Fund in accordance with provisions and regulations of the Act.
3.6 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.
3.7 The revenue derived from the Care and Maintenance Fund shall be applied at the
discretion of the Board, and shall be used for general maintenance and
improvement of the Cemetery.
3.8 The revenue derived from that portion of the Care and Maintenance Fund
pertaining to care of markers shall be applied at the discretion of the Board for
general maintenance of markers.
3.9 Each 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.
3.10 The Board 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.
3.11 A portion of the price of interment rights is trusted into the Care and Maintenance
Fund. The income generated from this fund is used to maintain, secure and
preserve the cemetery grounds.
3.12 Contributions to the care and maintenance fund are not refundable except when
interment rights are cancelled within the 30 day cooling off period.
3.13 Services that can be provided through the income generated from the Care and
Maintenance Fund include:
i. Re-levelling and sodding or seeding of lots;
ii. Maintenance of cemetery roads, sewers and water systems;
iii. Maintenance of perimeter walls and fences;
iv. Maintenance of cemetery landscaping;
v. Repairs and general upkeep of cemetery maintenance buildings and
equipment.
SALES
3.14 Lots or plots, subdivision of lots or plots or niches may be purchased by individuals
upon payment of the appropriate Price List. At the time of sale, the Secretary-
Treasurer or Treasurer of the Municipality of Bayham shall provide a copy of the
following:
i. the Cemetery Contract; and
ii. the Cemeteries By-Law.
iii. upon payment in full, the Secretary-Treasurer or Treasurer, as applicable,
shall provide an Interment Rights Certificate.
iv. Consumer Information Guide
3.15 Purchasers of lots, plots or niches acquire only the right and privilege of interment
of human remains and of erecting markers, subject to the provisions of the
Cemeteries By-Law.
3.16 Each purchaser of a lot, plot or niche 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.
3.17 No burial or installation of any monument, marker, inscription or memorialization is
permitted until the interment rights, all fees including care and maintenance fees,
have been paid in full.
3.18 The Interment Rights Certificate shall specify:
i. the name of the Interment Rights Holder;
ii. the Certificate number;
iii. the name and address of the Cemetery;
iv. the size of the lot or plot;
v. the location of the lot or plot;
vi. the date of purchase;
vii. the amount paid;
viii. the amount deposited into the Care and Maintenance Fund; and
ix. a statement regarding transfer restrictions of said interment rights.
3.19 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.
3.20 The Board may restrict the sale of single lots to certain areas in the Cemetery.
3.21 Only licensed Cemetery sales representatives employed on behalf of the
Cemetery Operator may sell Interment Rights.
3.22 The boundaries of any new lot or plot sold shall be marked with corner posts on
approval by the Board. All corner posts shall be placed by the Board at the
expense of the owner of the lot or plot wherein the same are placed.
3.23 All corner posts shall be placed level with the ground.
CANCELLATION
3.24 A purchaser has the right to cancel an interment rights contract within thirty (30)
days of signing the interment rights contract, by providing written notice of the
cancellation to the cemetery operator.
3.25 The cemetery operator will refund all monies paid by the purchaser within thirty
(30) days from the date of the request for cancellation.
3.26 If any portion of the interment rights has been exercised, the purchaser, or the
interment rights holder(s) are not entitled to cancel the contract or re-sell the
interment rights. When the cemetery operator does not prohibit the resale of
interment rights, the operator may repurchase the interment rights portion from the
rights holder(s) by negotiating a purchase price, so long as the seller
acknowledges being aware of the cemetery operator's current price list amount for
interment rights.
CONTRACT
3.27 All purchasers of interment rights must sign a contract with the cemetery, detailing
obligations of both parties and acceptance of the cemetery by-laws.
3.28 The purchaser of Interment Rights shall be provided with a Contract, at the time
the Contract is made, which shall indicate:
the date Interment Rights were purchased;
ii. the name and address of purchaser;
iii. the purchase price including an itemized breakdown of charges and all
applicable taxes;
iv. the percentage or amount of the purchase price being set aside for Care
and Maintenance;
v. the existence of a by-law that governs the operation of the cemetery and
includes restrictions on Interment Rights in the cemetery;
vi. a Certificate of Interment Rights will not be issued until the Interment
Rights including Care and Maintenance have been paid in full; and
vii. Interment rights may be resold to a third party, through the operator.
TRANSFERS, REPURCHASES &THIRD PARTY RESALE
3.29 An Individual interment rights holder may re-sell his interment right to a third party,
through the Cemetery Operator, as long as no internment rights in the original
purchase have been used.
TRANSFERS
3.30 For the purposes of this subsection, `transfer' shall mean a gift, a bequest or any
other transfer made without consideration.
3.30.1 If an Interment Rights Holder wishes to transfer their interment rights, notice shall
be given, on the `Transfer Form', to the Board Secretary-Treasurer or Treasurer
and the original certificate must be returned.
3.30.2 Upon receipt of a request on the `Transfer Form', 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 Treasurer, upon payment of the
transfer fee in accordance with the Price List, will perform the transfer and
provide the interment rights holder with the documents outlined in Section 3.14 of
this By-law.
3.31 In the case of succession the following will be required in addition to the
aforementioned.
3.31.1 With a Last Will and Testament:
in case of a specific bequest of an unused lot, a copy of the will of the
purchaser is to be provided to the cemetery representative;
ii. if no specific bequest, a request in writing from the Executors with the
written consent of all or a majority of the beneficiaries;
3.31.2 Intestate:
A request in writing from the Executor with the consent of all or a majority
of the heirs-at-law.
3.31.3 The transfer of Interment Rights is not binding upon the Board until a duly
executed transfer form has been deposited with the Secretary-Treasurer or
Treasurer.
Repurchases
3.32 An individual who wishes to negotiate a repurchase of his unused interment rights
back to the Cemetery for a fee, being no more than the fee on the current Price
List, shall return the original Certificate (`deed' or `Perpetual Receipt' as
appropriate), complete, sign and provide the `Repurchase of Interment Rights
Form', to the Cemetery Operator.
3.33 The Cemetery operator may negotiate a price, less the amount placed into the
Care and Maintenance Fund. The Cemetery operator is not obligated to
repurchase.
3.34 Should the individual and the Cemetery Operator agree upon the price, the
transaction is completed upon approval and signing of the `Repurchase of
Interment Rights Form' by the Cemetery Operator and payment of the negotiated
amount to the individual by the Cemetery Operator. There is no charge for a
negotiated repurchase back to the cemetery.
3.35 An individual who wishes to donate his unused interment rights back to the
Cemetery, shall return the original Certificate (`deed' or `Perpetual Receipt' as
appropriate), complete, sign and provide the `Repurchase of Interment Rights
Form', to the Cemetery Operator. The transaction is complete upon approval and
signing of the `Repurchase of Interment Rights Form' by the Cemetery Operator.
There is no charge for a donated repurchase back to the cemetery.
Resale
3.36 An Individual interment rights holder may resell his interment right to a third party,
through the Cemetery Operator, as long as no internment rights in the original
purchase have been used, by completing Part 1 and Part 2 of the Interment Rights
Resale Endorsement Form.
3.37 The interment rights holder(s) intending to resell their rights shall provide the
following documents to the cemetery operator so that the operator can confirm the
ownership of the rights and provide the third party purchaser with the required
certificate:
i. the interment rights certificate endorsed by the current rights holder;
ii. a written statement of the number of lots that have been used in the plot and
the number of lots that remain available. However, no sale/resale of
interment rights is permitted if any of the rights in the original purchase have
been used.
iii. any other documentation in the interment rights holder(s) possession relating
to the rights.
iv. an Interment Rights Resale Endorsement, signed by the rights holder(s)
selling the interment rights, acknowledging the sale of the interment rights to
the third party purchaser;
v. confirmation that the person selling the interment rights is the person
registered on the cemetery records and that they have the right to re-sell the
interment rights;
vi. the date of resale of the interment rights to the third party;
vii. the name and address of the third party purchaser(s);
viii. a statement of any money owing to the Cemetery Operator in respect to the
interment rights.
3.38 Upon the return the original Interment Rights Certificate (`deed' or `Perpetual
Receipt' as appropriate), the completed and signed Interment Rights Resale
Endorsement Form , and payment of the Resale Endorsement fee, the Secretary-
Treasurer or Treasurer shall sign the Form and issue a new Interment Rights
Certificate in the name of the new rights holder
3.39 The cemetery operator may charge an administration fee for the issuance of a new
certificate in accordance with the price listed on the cemetery operator's current
price list.
INTERMENT
3.40 No interment shall take place until such time as the lot, plot or niche has been paid
for in full.
3.41 For every interment the Board must obtain a burial permit or cremation certificate,
applicable fees and a completed Interment Permission form if required
3.42 No interment shall be made on Sunday, Good Friday or Christmas Day, except in
accordance with the regulations of the Medical Officer of Health.
3.43 Interments shall take place between the 1St of April and the 1st of November unless
otherwise authorized by the Board.
3.44 Subject to restrictions, no more than three interments may be made in a regular
lot, it is recommended that the first interment be in a concrete vault, and the
remaining two interments must be cremation burials for which proper authorization
has been documented and approved by the cemetery representative.
3.45 Installation of a concrete vault for all casket type burials is strongly recommended.
3.46 A full body casket in a vault and/or cremation interment must be to a depth that will
ensure at least two feet of earth coverage over the case at the surrounding ground
level;
3.47 No more than four (4) cremation interments, if placement allows, shall be made in
a regular lot. A maximum of two (2) cremation burials are permitted in a 3' x 3'
cremation lot.
3.48 No more than two (2) appropriately sized urns shall be placed in any single
columbarium niche.
3.49 Workmen shall cease work, if in the immediate vicinity of a funeral, until the
conclusion of the service.
3.50 All work must be done during regular Cemetery hours, unless by special
permission of the Board.
3.51 Notice of each interment shall be given to the Secretary-Treasurer or Treasurer. A
minimum of 24 hours' notice (not including Saturday, Sunday or holidays) is
required unless otherwise ordered by the Medical Officer of Health.
3.52 An interment rights holder must provide authorization in writing prior to a burial
taking place. Should the interment rights holder be deceased, and the interment
rights holder has not designated persons to be interred, authorization must be
provided in writing by the person authorized to act on behalf of the interment rights
holder i.e. Estate Trustee or Executor.
3.53 A valid burial permit or equivalent document showing that the death has been
registered with the Province must be provided to the cemetery operator prior to a
burial taking place.
3.54 A Certificate of Cremation must be submitted to the cemetery operator prior to the
burial of cremated remains taking place.
3.55 The opening and closing of lots, may only be conducted by contractors designated
or authorized to do work on behalf of the cemetery with appropriate and valid
WSIB and Insurance coverages
3.56 Cremated remains are not permitted to be scattered on any lot within a Cemetery
owned and operated by the Municipality of Bayham.
3.57 Cremation urns or containers may be used for burial in designated 3'x3' cremation
burial lots and in regular lots when used for cremations only
3.58 All cremated human remains interred in a regular 4'x10' lot on top of a full body
casket in a vault shall be placed in a small flat six by six inch (6"x6") box type
container with a depth of no more than four (4) inches to ensure at least two feet
(2') of earth coverage over the cremation remains, at surrounding ground level.
3.59 For each cremation interment on top of an existing body burial with a vault, a
permission form must be completed, signed and on file with the Municipality, in
advance.
DISINTERMENT
3.60 No disinterment shall be permitted in any lot, plot or niche nor any body removed
therefrom unless in accordance with the Act, including:
i. Consent from the Interment Rights Holder, and;
ii. Prior notification to the Medical Officer of Health is made.
3.61 A certificate from the local medical officer of health must be received by the
cemetery operator before the removal of casketed human remains may take place.
3.62 A certificate from the local medical officer of health is not required for the removal
of cremated remains.
3.63 In special circumstances the removal of human remains may also be ordered by
certain public officials without the consent of the interment rights holder and/or next
of kin.
MARKERS &MONUMENTS
3.64 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 and monuments.
3.65 The Board reserves the right to determine the maximum size of markers and
monuments, their composition, their number and their location on each lot or plot.
not more than one marker or monument shall be erected on any one lot;
ii. the minimum thickness of an upright marker shall be 6 inches at
narrowest point, and every flat marker, including foot stones, shall be a
minimum thickness of 4 inches;
iii. all markers, other than markers located on a single lot, shall not exceed
42 inches in height, including the base;
iv. upright markers on a single lot shall not exceed 24 inches wide by 34
inches high, including the base;
v. all flat markers on a single lot shall not exceed 24 inches wide 18 inches
deep, and shall be installed flush with the ground level. Every flat marker
shall be placed on a base of gravel or crushed stone to a minimum depth
of 6 inches, or set in concrete to a depth of 6 inches. The said base shall
have a 4 inch border of the same material as the base;
vi. where foot stones are permitted, the width shall not exceed 4 inches and
the length shall not exceed 12 inches. The foot stone may be placed on a
base of gravel, crushed stone or set in concrete to a minimum of 6 inches
without any border.
vii. all markers shall be made of natural stone (granite) or bronze;
viii. no marker shall be allowed to stand on the interment space in any lot or
plot
3.66 Markers to be erected shall be set upon a concrete foundation which shall be no
less than five feet in depth and must exceed the marker by a minimum of three
inches on all sides.
3.67 All foundations shall be set one inch above the surface of the ground.
Foundation must be approved by the Cemetery operator before the marker is
erected thereon.
3.68 One flat marker only, at a maximum size of 24" x 14", or less, is permitted on a
cremation lot, placed flush with the ground on top of a 12" diameter post hole
filled with a minimum depth of 4 feet of concrete;
3.69 No marker shall be erected without the supervision of the Board or Municipal
staff.
3.70 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.
3.71 Markers may be scratched or chipped by equipment during regular maintenance
of the Cemetery grounds and the operator shall not be held responsible for such
damage.
3.72 Should any monument or marker present a risk to public safety because it has
become unstable, the cemetery operator shall do whatever it deems necessary
by way of repairing, resetting, or laying down the monument or marker or any
other remedy so as to remove the risk.
3.73 No memorial or other structure shall be erected or permitted on a lot until all
charges have been paid in full.
3.74 No monument, footstone, marker or memorial of any description shall be placed,
moved, altered, or removed without permission from the cemetery operator.
3.75 The cemetery operator will take reasonable precautions to protect the property of
interment rights holders, but it assumes no liability for the loss of, or damage to,
any monument, marker, or other structure, or part thereof.
3.76 The cemetery operator reserves the right to determine the maximum size of
monuments, their number and their location on each lot or plot. They must not be
of a size that would interfere with any future interments.
3.77 All foundations for monuments and markers shall be contracted to be built at the
expense of the interment rights holder.
3.78 A monument or other structure shall be erected only after the location has been
marked and the hole for the foundation inspected by the cemetery operator or
municipal staff.
3.79 In keeping with the cemetery by-laws only one monument shall be erected within
the designated space on any lot and shall not reduce legislated burial space.
3.80 No monument shall be delivered to the cemetery for installation until the
monument foundation has been completed.
3.81 Markers, monuments and footstones of bronze or granite are permitted with size
and quantity restrictions according to cemetery by-laws and the placement of
such memorials shall not interfere with future interments.
3.81.1 Footstones are not permitted at any in-active cemeteries or at the following
cemeteries:
i. Best Cemetery
ii. Claus Cemetery
iii. Dobbie Cemetery
iv. Light Cemetery
v. Smuck Cemetery
3.82 Any contract work to be performed within the cemetery requires the written pre-
approval of the interment rights holder and the cemetery operator before the work
may begin.
3.83 Pre-approval includes but is not limited to landscaping, delivery/ installation of
foundations, monuments and markers, inscriptions, designs, drawings, plans and
detailed specifications relating to the work, proof of all applicable government
approvals and permits and the location of the work to be performed. It is the
responsibility of all contractors to report to the cemetery operator and provide the
necessary approvals before commencing work at any location on the cemetery
property.
3.84 Prior to the start of any work, contractors, retained by the Municipality, must
provide proof of:
i. WSIB coverage; and
ii. Evidence of liability insurance of not less than $2 million.
a. Contractors retained by Funeral Homes must provide the appropriate
WSIB and insurance to the Funeral Home, and be available to the
Municipality upon request.
3.85 All cemetery by-laws apply to all contractors for all work carried out within the
cemetery grounds.
3.86 Contractors, monument dealers and suppliers shall perform work at the cemetery
during the regular visitation hours of the cemetery.
3.87 Contractors shall temporarily cease all operations if they are working within 100
metres of a funeral, until the conclusion of the service.
3.88 The cemetery reserves the right to temporarily cease contractor operations at
their sole discretion if the noise of the work being performed by the contractor is
deemed to be a disturbance to any funeral or public gathering within the
cemetery.
3.89 Contractors, monument dealers and suppliers shall lay wooden planks on the
burial lots and paths over which heavy materials are to be moved in order to
protect the surface from damage.
COLUMBARIUM
3.90 All By-laws of Bayham Cemeteries shall apply to the Columbaria, as far as the
nature of the situation permits.
3.91 No floral tributes will be permitted except at the time of inurnment and on
Decoration Day.
3.92 Flowers and wreaths placed against or near any part of the Columbarium that are
liable to stain or deface the structure, will be removed.
3.93 Glass vases or other breakable items, such as statuary, shall not be placed
around the Columbarium.
3.94 No ornaments of any kind will be permitted on or near the Columbaria niche units
nor on the vases attached to the niche units.
3.95 The Caretaker or designate shall be in attendance at all inurnments, and only the
Caretaker shall be responsible for the opening and closing of the niche.
3.96 The inurnment fee shall be at a rate as specified in the Price List and shall include
the opening and closing of the niche.
3.97 An inurnment shall not take place later than 4:00 p.m., Monday to Saturday.
3.98 To maintain uniformity of the Columbaria, only the plaque included in the
purchase of the niche will be permitted.
3.99 Pictures will not be allowed on any plaque. This includes sandblasted and/or
etched photographic images and reproductions on the face of the niche.
3.100 The cremated remains of the lower animals will not be allowed to be placed in any
niche.
3.101 The Municipality, through the Cemetery Board, shall keep the columbaria in good
repair at all times but shall not be required to rebuild the columbaria in the case of
destruction due to war or insurrection.
Section 4— Cemetery Caretaker
4.1 The Municipality may appoint a Cemetery Caretaker who may conduct the
following duties:
i. Mark plots
ii. Coordinate with grave digger;
iii. Be readily available at funerals held in the Cemeteries, when requested.
iv. Inter cremation burials
v. Cemetery services
vi. Observe and carry out all the provisions of this By-law and of the F.B.C.S.A.
and the regulations made thereunder.
4.2 Should a Cemetery Caretaker be appointed, the Cemetery Board shall pay the
defined piece rate of$35/service performed, to the Cemetery Caretaker.
4.3 Should conflict arise, the Municipality shall determine what constitutes a service.
Section 5 —Administration
5.1 GENERAL INFORMATION
Inquiries may be made at:
Municipality of Bayham
P.O. Box 160, 9344 Plank Road, Straffordville, ON NOJ 1Y0
Telephone: 519-866-5521 Fax: 519-866-3884
website: www.bayham.on.ca
Email: bayham@bayham.on.ca
5.2 References to `Forms' and the `Price List, within this by-law, shall be as passed
pursuant to the Municipal By-law of the day, all of which shall be posted and
provided to the public.
5.3 The Municipality of Bayham, as Cemetery Owner and Cemetery Operator has
chosen to permit resale of interment rights to a third party purchaser provided no
internment rights in the plot have been used, subject to applicable legislation and
by-law requirements.
5.4 The business and affairs of Cemeteries shall be conducted under the direction of
the Treasurer of the Municipality of Bayham and shall be operated by an advisory
Cemetery Board as determined by Council.
5.5 The cemetery shall be governed by the cemetery bylaws, and all procedures will
comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario
Regulation 30/11, which may be amended periodically.
5.6 All cemetery by-law amendments requiring approval of the Registrar,
Bereavement Authority of Ontario shall be published in accordance with the
F.B.C.S.A. and the regulations made thereunder.
5.7 This By-law shall be in full force and effect upon approval of the Registrar,
Bereavement Authority of Ontario.
5.8 By-law No. 2012-065, 2012-066, 2012-067, 2013-053, 2013-055 and 2014-035
as amended are repealed upon approval of this by-law by the Registrar,
Bereavement Authority of Ontario.
5.9 In this By-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall include
the female gender or vice versa, where applicable.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
19TH DAY OF NOVEMBER 2015
May',r Paul Ens
' BAO Bereavement Authorite de Deuil
Authority of Ontario de('Ontario
APPROVED APPROUVE
�
P NM P In accordance with the Conformament ala Loi de 2002
hip Funeral,Burial and sur les services funraires et
' ' Cremation Services Act, les services d'enterrement et
2002 de cremation
Date of Approval/ ,L S 1 170`(el
Date de('approbation
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Numfro de Fiche/ in?rt
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