BYLAWS
OF
ERSKINE CEMETERY
AND
FAIRPORT CEMETERY
(For a printed copy of this document, please download and print this pdf document.)
Erskine Chapel in Erskine Cemetery
A Brief History of the Two Cemeteries
ERSKINE - The Erskine Church and cemetery are located at the north east corner of Finch Avenue and Fairport Road and also a piece of land used for cemetery purposes across the road on Fairport Road on the North West corner. The Erskine Church appears much like it did when it was built in 1853-54. It has been moved back on the property one hundred feet and mounted on a stone foundation. The cemetery was established in 1854 also. The cemetery is now maintained by Dunbarton-Fairport United Church.
FAIRPORT - The cemetery is located on Liverpool Road south in the Fairport area of Frenchman’s Bay. The Fairport Church was in a summer resort area and the residents started holding summer services in July 1920 until 1947, then year round weekly services were held under the auspices of Dunbarton United Church.
The church was torn down after the congregation amalgamated with the Dunbarton United Church congregation in 1975. The cemetery is now maintained by Dunbarton-Fairport United Church.
The Erskine Memorial Service is held every year on the second Sunday of June at 3:00 p.m.
Bylaws of
Erskine Cemetery, and
Fairport Cemetery
A copy of these Bylaws must be given
to each purchaser of Interment Rights .
Adopted by the Trustees of
Dunbarton Fairport United Church
2016 Sep 26
As approved by
the Bereavement Authority of Ontario,
2016 Nov 22
TABLE OF CONTENTS PAGE
A) Preface................................................................................................. 3
B) Interpretation....................................................................................... 3
C) Definitions........................................................................................... 3
D) Administration..................................................................................... 4
E) Sale and Transfer of Interment Rights.............................................. 5
F) Interments and Disinterments............................................................ 5
G) Care of Lots – General........................................................................ 6
H) Care of Lots - Flowers, Shrubs, and Trees...................................... 7
I) Monuments and Markers – General Information............................ 8
J) Upright Markers................................................................................. 9
K) Flat Markers......................................................................................... 9
L) Pillow Markers................................................................................... 10
M) Foundations...................................................................................... 10
N) Rules for Monument Dealer, Contractors, and Workers............... 10
O) Rules for Visitors.............................................................................. 11
P) Gifts to the Cemetery....................................................................... 11
Q) Conditions of Contract..................................................................... 12
Appendix “A” – Price List - (Current version available separately)
Appendix ‘B” - Request for Marker Installation - (Current version available separately)
A) Preface
These bylaws are presented pursuant to the Funeral, Burial, and Cremation Services Act (Revised) of Ontario. They have been approved by the Trustees of Dunbarton Fairport United Church, who are responsible for the oversight and administration of the `Erskine Cemetery', and the `Fairport Cemetery', on behalf of the ultimate owner, the United Church of Canada.
These bylaws are intended to provide direction for the maintenance and administration of cemetery operations; and benefit and protection for each person who has purchased or otherwise has an interest in interment rights within Erskine or Fairport Cemetery.
REASONS FOR BYLAWS
The following bylaws are formed as a result of many years of cemetery management. The sole objective is to protect and beautify the burial place under the care of the Trustees and to ensure that reverent care of the Cemetery is maintained at all times. It is with the utmost confidence therefore that Trustees appeal to lot owners and the public to help them in furthering these objectives by following the rules and regulations. The Trustees may from time to time change, modify or repeal the bylaws or part thereof in such manner as in their direction will best serve the interests of the property under their care.
B) Interpretation
1. These bylaws constitute the rules of Erskine and Fairport Cemetery, hereinafter simply referred to as `Erskine Cemetery', as approved by the Trustees. It is not a municipal or corporate bylaw in the legislative sense.
2. It is not the intention of these bylaws to offend members of any gender group. All words and personal pronouns relating to words contained in these bylaws must be read and construed as incorporating the correct gender of the person referred to in each case.
3. All words in these bylaws must be read and construed as incorporating the singular or the plural in any case as applicable.
C) Definitions
1. "Act" means Funeral, Burial and Cremation Services Act, 2002
2. "Care and Maintenance Fund" means the trust fund in which all monies received by the Cemetery for the care and maintenance of lots and markers are deposited and invested.
3. "Cemetery" means the lands and properties known collectively as Erskine Cemetery, located at the intersection of Fairport Road and Finch Avenue and including those known as Fairport Cemetery located near the foot of Liverpool Road, both in the City of Pickering in the Regional Municipality of Durham.
4. "Cemetery Administrator" means the person or persons duly authorized on behalf of the Trustees and Dunbarton Fairport United Church to conduct the operation of the Cemetery.
5. "Certificate of Interment Rights" means the certificate issued by the Cemetery to the purchaser of interment rights.
6. "Columbarium" means a building or structure used as a place for the interment of the human remains in sealed crypts or compartments.
7. "Contract" means the contract for the provision of the Cemetery's supplies and services.
8. "Erskine Memorial Service" shall be held annually on the second Sunday in June.
9. "Grave" means any burial space intended for an adult, and having a nominal size as follows:
a) 102 cm (40 in) by 244 cm (96 in)
b) any other sizes as may have been established by practice in other portions of the cemeteries,
10. "Interment Rights" includes the right to require or direct the interment of human remains in a lot.
11. "Interment Rights Holder" means a person with the interment rights with respect to a lot and includes a purchaser of interment rights under the Act or a predecessor of that Act.
12. "Lot" means any grave or other area of land in a cemetery containing, or set aside to contain human remains and includes a tomb, crypt or compartment in a mausoleum, columbarium or niche wall.
13. "BAO" means the Bereavement Authority of Ontario, or its lawful successors.
a) "Marker" means any monument, tombstone, plaque, headstone, cornerstone or other structure or ornament affixed to or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains. For the purpose of these bylaws, an Upright Marker shall be understood to mean any permanent memorial projecting more than 10 cm (4 in) above the ground.
b) "Marker Die" is the portion of a flat, pillow or upright marker which is engraved.
c) "Marker Base" is the portion of the upright or pillow marker which is below and supports the die and which is itself supported by the foundation.
d) "Marker Foundation" is the concrete on which the "Marker Base" sits in a marker, either upright or pillow marker and is below the die of a flat marker if it is installed.
e) “Niche” is a single compartment in a columbarium.
14. "Plan" means the geographic sketch or plan of the cemetery, approved and filed by the BAO.
15. "Register" means electronic or written records maintained in accordance with the Act.
16. " Registrar " means the Registrar appointed under the Act.
17. "Price List” means the schedule of fees and charges as set out from time to time by the Cemetery and approved by the Trustees of Dunbarton Fairport United Church. The current Price List is listed as Appendix "A", and is available from the church or the church’s web site.
18. "Transfer" means to make a gift, bequest or other transfer of an Interment Right without consideration. Subject to current fees.
D) Administration
1. The Cemetery reserves full and complete control and management of the land, buildings, plantings, roads, utilities, books and records of the Cemetery and complete authority to administer these bylaws in accordance with the Act
2. The Cemetery disclaims all responsibility for loss or damage from causes beyond its control, including without limitation, damage or loss caused by the elements, acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, accidents, invasion, insurrections, riots or order of any military or civil authority, whether damage be direct or collateral.
3. The Cemetery shall take reasonable precautions to protect the property of Interment Rights Holders but shall assume no liability or responsibility for the loss of, damage to, or any resulting injury from any article of any type that is placed or left on any Lot.
4. The Cemetery reserves the right, at its cost, to correct any error that may be made by it in making interments, in the description of the Lot, or the transfer or conveyance of any Interment Rights. The Cemetery may, at its sole discretion, either cancel such grant and substitute other Interment Rights or Lot of equal value and similar location, as far as is reasonably possible, or refund all money paid on account for such purchase. Notice will be given to the Interment Rights Holders by mailing it prepaid, first class mail to the Rights Holder or their legal representatives, at their last appearing address in the register of the Cemetery. In the event any such error may involve the disinterment of remains, the Cemetery shall first obtain the approval of any regulatory authority and the Interment Rights Holder.
5. These bylaws may be at any time amended, rescinded or added to, in whole or in part, upon the approval of the Trustees of Dunbarton Fairport United Church and the Registrar in accordance with the Act.
E) Sale and Transfer of Interment Rights
1. No person shall sell Interment Rights unless that person is authorized by, and does so on behalf of the Cemetery.
2. Subject to availability of Lots, Interment Rights may be purchased from the Cemetery at the rates listed on our current Price List, and according to the Plan approved by the BAO that is on file with the Cemetery. The rates for Interment Rights include the portion specified by the Act for deposit to the Cemetery's Care and Maintenance Fund.
3. Payments for Interment Rights shall be made out to "Erskine & Fairport Cemeteries".
4. Upon payment in full, the Cemetery shall provide each purchaser of Interment Rights with
a) a copy of the Contract;
b) a copy of the Cemetery Bylaws; and,
c) a Certificate of Interment Rights.
5. Purchasers of Lots acquire only the right and privilege to interment of human remains and placing Markers, subject to these bylaws.
6. To ensure accuracy of the Register, no Transfers of any Interment Rights or any interest therein shall be binding upon the Cemetery, unless application for the Transfer has been submitted, including necessary supporting documentation and the original Certificate of Interment Rights returned. Upon receipt of such application and payment of the prescribed fee, the Transfer shall be made and new certificate of Interment Rights issued.
7. In cases of Transfer by Will or bequest, the Cemetery reserves the right to require the production of a notarial copy of the Will or Certificate of Appointment of Estate Trustee or other evidence sufficient to prove ownership or authority to deal with the Interment Rights.
8. In accordance with the Act, an Interment Rights Holder may require, by written demand, to repurchase the rights at any time before they are used. A full refund will be issued if cancellation occurs within 30 days of the purchase.
9. The Cemetery after receiving such a demand (after the initial 30 day cancellation period has expired) shall repurchase the interment rights within 30 days of receiving the demand. The repurchase price shall be the current listed price paid for the Interment Rights less any amount designated for the Care & Maintenance Fund.
10. No refund will be made for any Lot if any Interment Rights have been exercised.
11. Pursuant to the Act, any Interment Rights that are sold and not used for interment purposes after a twenty year period may be considered abandoned. The Cemetery may apply to the Registrar appointed under the Act for a declaration that the Interment Rights are abandoned after making inquiries and giving reasonable notices to find the Interment Rights Holders or beneficiaries. Upon being satisfied the rights are abandoned, the Registrar shall issue a declaration to that effect. If there is no appeal by the end of the time period allowed for appeal, the Cemetery may resell the Interment Rights.
F) Interments and Disinterments
1. Interments shall take place only if weather and ground conditions permit in the judgment of the Cemetery Administrator.
2. All interments must be authorized in writing by the Interment Rights Holder except the interment of the Interment Rights Holder.
3. When Interment Rights for a Lot are co-owned by two or more persons, a Contract for interment will be accepted from either or any of them or their authorized representatives, and the Cemetery is authorized to deal with them as if they had the full, separate and distinct authority of a sole holder of Interment Rights
4. Persons requesting interment in Lots shall be personally responsible for charges incurred as agreed to in the Contract.
5. No interment shall be permitted in any Lot where either the Interment Rights or any other outstanding charges have not been paid in full.
6. Before an interment can take place, a burial permit issued by the Divisional Registrar or designate, showing the death has been registered, and the signed Contract must be in place.
7. Designated areas of the Cemetery require the use of a vault. For areas not specifically designated as requiring a vault, the Cemetery still highly recommends that they be used.
8. In the case of a cremation interment, the cremation certificate and the signed Contract must be in place.
9. Not more than one burial shall be made in any single Grave except the cremated remains of not more than four persons. Burial in a Niche is limited to two cremated interments.
10. Remains to be buried in a Grave must be enclosed in a container, sealed securely, and of sufficient strength to permit burial with the container remaining intact. The container must be of a size to permit burial within the size of the Lot.
11. No Lot shall be opened for interment or disinterment by any person not in the employ of, or under the direction of the Cemetery.
12. All disinterments shall be in accordance with the Act and its regulations. A burial certificate under the Vital Statistics Act is not required to reinter human remains that have been disinterred in accordance with the Act and regulations.
13. The Cemetery will exercise all due care in performing burials and interments but is not responsible for damage to any casket, urn or other container sustained during either interment or disinterment.
14. Notice of each interment to be made shall be given to the Cemetery at least 48 hours in advance, 16 hours of which must be normal hours of operation. The Cemetery is not responsible for having Lots prepared for funerals unless such notice is given.
15. Normal hours of operation for the Cemetery are Monday to Friday, between 9:00 a.m. and 4:00 p.m., excepting Statutory Holidays.
16. The Cemetery will not do any Sunday or Statutory Holiday interments unless ordered to do so by a representative of the Ministry of Health.
17. Extra charges are included in the current Price List for:
a) disinterments and reinterments;
b) funerals reaching the Cemetery after 4:00 p.m.;
c) Saturday burials between 9:00 a.m. and 4:00 p.m.;
d) Sunday or Statutory Holiday burials;
e) Winter interments.
G) Care of Lots -General
1. The grounds of the Cemetery shall be maintained by the Cemetery to ensure the safety of the public and preserve the dignity of the Cemetery.
2. No person or contractor shall perform any installation or maintenance work upon a Lot without the knowledge and permission of the Cemetery Administrator.
3. Interment Rights Holders desiring outside contractors or third parties to do work on a Lot must furnish the Cemetery with written authority and instruction for any third party activities. No person shall enter the Cemetery for these purposes without permission of the Cemetery Administrator.
4. Due to hazards to visitors and workers, no glass or ceramic containers of any kind are allowed in the Cemetery at any time.
5. The installation of borders, fences, railings, walls or hedges in or around any Lot is prohibited. Nails, wires, wooden crosses, toys, loose stones, or articles of glass or pottery or any other material that may create a hazard to visitors and workers and are not allowed in the Cemetery.
6. No Interment Rights Holder shall change the grading of any Lot, and in case of any such change, the Cemetery may restore the Lot to its original grade at the expense of the Interment Rights Holder.
7. No unauthorized person shall sod or move comer posts or Grave Markers.
8. Implements or materials used in doing any work within the Cemetery shall not be left unattended and may be removed by the Cemetery Administrator if so found.
9. No decorations of any kind are permitted on or around Niche wall. (They stain the side of the columbarium.)
10. No modifications of any kind are allowed on the columbarium niches.
H) Care of Lots -Flowers, Shrubs and Trees
1. Maintenance of any plant material growing on a Lot is the responsibility of the Interment Rights Holder.
2. Subject to paragraph 3, compact shrubs, flowering or other plants may be cultivated on Lots, but only such varieties that are in keeping with the general plan of the grounds and subject to the approval of the Cemetery Administrator. No trees or shrubs growing within any Lot may be removed without the consent of the Cemetery Administrator.
3. Compact shrubs are permitted only on Lots having a minimum of 60 cm (24 in) of space between the edge of the Marker and the Lot boundary. The diameter of such shrubs at their widest point, including all foliage, shall at no time exceed 60 cm (24 in) or encroach upon adjacent Lots. The Cemetery Administrator must approve all plantings.
4. Anyone wishing to have a memorial tree planted in the Cemetery must have approval of the Cemetery Administrator.
5. If any trees or shrubs situated in any Lot have become by means of their roots or branches or any other way detrimental to the adjacent Lots, drains, roads or walks, or prejudicial to the general appearance of the grounds or inconvenient to the public or performance of any interment, the Cemetery may without notice or liability trim or remove such trees, shrubs or parts thereof at the expense of the Interment Rights Holder.
6. Flowerbeds not exceeding 60 cm (24 in) in width shall be permitted within a Lot, adjacent to the base of the Headstone Marker. Raised edging is not permitted. Where there is no Marker, planting can only be done by permission of the Cemetery Administrator. Flowerbeds adjacent to Foot Markers are prohibited.
7. To preserve the orderly appearance in the Cemetery, the Cemetery may re-establish turf in the place of any flowerbed that has not been planted by June 30, and the cost charged to the Interment Rights Holder.
8. Flowerbeds must be cleared of tender plants prior to September 30.
9. The Cemetery reserves the right to remove all flowers, potted plants, wreaths and baskets of flowers when they become withered or unsightly or for any other reason that deems such removals to be in the best interest of the Cemetery.
10. Artificial flowers are permitted provided they are placed in spiked containers placed immediately adjacent to the headstone, and properly maintained and not detrimental to the general maintenance of the Cemetery. No decorations are permitted at the Foot Marker.
11. Vases, urns and flower stands not properly cared for and not filled with plants by June 30 in any year may be removed from the Lot and any stand, holder, vase or other receptacle for flowers deemed unsightly or unsuitable may be prohibited or removed by the Cemetery.
12. Potted plants and planters are permitted to be placed immediately adjacent to the marker. Those who place potted plants or urns are responsible for their upkeep and must remove them by September 30, failing which the Cemetery Administrator will have them removed.
13. Artificial wreaths without glass or plastic covers are allowed to be placed on the Lot after October 1 provided they are securely fastened to the monument, or where there is no monument, mounted on an appropriate stand securely anchored to the ground. All wreaths must be removed prior to April 30, failing which the Cemetery Administrator will have them removed.
14. Landscape material must not be discarded into ravine which is a conservation area. Use garbage receptacles provided. Landscape material placed at receptacles will be disposed of in a proper manner.
I) Monuments and Markers -General Information
1. No monument or other structure shall be erected or permitted on a Lot until accrued charges have been paid in full.
2. Interment Rights Holders are required to keep in proper repair, at their own cost and to the satisfaction of the Cemetery, all Markers upon Lots with Interment Rights purchased prior to 1955.
3. The Cemetery will take reasonable precaution to protect the property of Interment Rights Holders, but it assumes no liability for the loss of, or damage to, any Marker, or part thereof, except where such damage or loss is due to its negligence.
4. Minor scraping of the base portion of a Marker due to the grass mowing or trimming operation is considered by the Cemetery to be normal wear.
5. The Cemetery 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 it would interfere with any future interments.
6. No monument, footstone, Marker or memorial of any kind shall be placed, moved, altered or removed without permission from the Cemetery Administrator. Monuments or Markers are to be made of granite, marble or bronze as approved by the Cemetery Administrator.
7. Monuments or Markers for installation will be accepted at the Cemetery during normal hours of operation. (see Section N.1)
8. Monuments or Markers will not be accepted from any monument dealer for storage during the winter months. Markers not accepted by the Cemetery for storage or immediate installation remain on cemetery property at the risk of the person ordering the Marker.
9. Monuments or Marker installation will be completed between May 1 and October 31 only.
10. Candle holders and vases may constitute part of a Headstone Marker if they are made principally of bronze or stainless steel. If a translucent section is necessary, it must be made of an unbreakable, heat resistant glass or of a plastic material that is fire resistant. In addition:
a) candleholders are included in determining the overall size of the Marker;
b) a maximum of two candles or vases may be placed on the base of a monument and must be centered on the ends of the base;
c) a candleholder must be adequately drained to prevent any collection of water; and,
d) candleholders must be fully enclosed on all sides by a door or lid.
11. All photographs attached to any memorials or placed within the Cemetery grounds shall be the sole responsibility of the owner.
12. No inscription or design will be placed on any Monument or Marker that is not in keeping with the dignity and decorum of the Cemetery. In case of dispute, the Cemetery Administrator's ruling is final.
13. No Monument or Marker will be delivered to the Cemetery without the Request for Installation form (see Appendix B attached) containing the following information:
a) the Interment Rights Holder's name and address;
b) instructions for placement of the Marker;
c) the overall size of the Monument or Marker, including the dimensions of the base and die as applicable;
d) a description of the Monument or Marker including colour, design and inscription; and,
e) the appropriate payment to the Care and Maintenance Fund in relation to the size of the Marker/monument as set out in the Act must be paid prior to the delivery of the Marker.
14. Every person installing a Monument or Marker, or requesting a Monument or Marker to be installed in the Cemetery, shall pay the prescribed amount, as set out in the Act pursuant to the Act and Regulations, to the Care and Maintenance Fund prior to any installation. The interest earned from the Fund will be used to maintain the Monuments or Markers in a safe condition.
15. If in the sole opinion of the Cemetery, a Monument or Marker in the Cemetery presents a risk to public safety for whatever reason, the Cemetery shall do whatever is necessary by way of repairing, resetting or laying down the Monument or Marker to reduce or remove the risk.
16. Cemetery administrator reserves the right to remove any monument or marker found to be in contravention of these bylaws.
J) Upright Markers
1. The maximum size of an upright monument on a single plot is:
a) Length: 61cm (24in)
b) Overall height (including monument base): 91 cm (36 inches)
2. The maximum size of an upright monument on a 2 grave plot is:
a) Length: 152.5 cm (48”)
b) Overall height (including monument base): 122 cm (48 inches)
3. The maximum size of an upright monument on a 4 grave plot is:
a) length: 152.5 cm (60 inches)
b) overall height (including monument base): 122 cm (48 inches)
4. The minimum thickness of the monument die is 20 cm (8 inches). The maximum thickness of the monument die is 25.5 cm (10 inches)
5. The monument die must be installed on a granite base. The height of the monument base shall be a minimum of 20 cm (8 inches) to a maximum of 25.5 cm (10 inches).
6. The top surfaces of the monument base must be both wider and longer than the monument die, in order to provide a minimum border of 7.6 cm (3 inches) of the surface of the base exposed on all sides. The bottom surfaces of the base must be smooth sawn to facilitate installation upon the monument foundation.
7. The bottom 15 cm (6 inches) of the monument base must be rock-pitch.
K) Flat Markers
1. A flat marker is permitted to be set at the head of a plot in the place of an upright monument or pillow marker with maximum dimensions of 46 cm x 61 cm (18 inches x 24 inches).
2. A foundation is not required but permitted to be installed by the Cemetery beneath a flat marker at the head of the plot at the request and expense of the Interment Rights Holder.
3. In addition to an upright monument or pillow marker, a maximum of two flat markers may be placed on the lot with maximum dimensions of 25.5 cm x 46 cm (10 inches x 18 inches). Their placement must not interfere with future interments.
4. All flat markers are to be flat on top and set level with the ground so that a lawnmower can pass safely over them.
5. The thickness of all flat markers including footstones shall be 10 cm (4 inches).
6. The bottom surface must be smooth sawn.
7. Corner Markers are required and shall be installed by the Cemetery. The cost is incorporated into the total purchase of the plot, as set forth in the Price List.
L) Pillow Markers
1. The maximum size of a pillow marker on a single plot is:
a. Length: 61 cm (24 inches)
b. Width: 46 cm (18 inches)
2. The maximum size of a pillow marker on a 2 grave plot is:
a. Length: 152.5 cm (48”)
b. Width: 51 cm (20 inches)
3. The maximum size of a pillow marker on a 4 grave plot is:
a. Length: 152.5 cm (60 inches)
b. Width: 51 cm (20 inches)
4. The bottom surface of the pillow marker must be smooth sawn to facilitate installation upon the monument foundation.
5. A Pillow Marker does not require a granite base. However, the bottom 10 cm (4 inches of marker or base must be rock-pitch.
M) Foundations
1. All upright monuments and pillow markers require a concrete foundation with a minimum depth of 122 cm (48 inches).
2. All foundations will be installed by the cemetery at the expense of the Interment Rights Holder.
3. Foundations will be installed between May 1 and October 31 only.
4. The foundation will be built in the designated space and in the proper dimensions of the monument base. If incorrect dimensions have been given in writing, signed by the Interment Rights Holder and/or the supplier, the foundation must be immediately removed and rebuilt by the Cemetery at the expense of the Interment Rights Holder.
N) Rules for Monument Dealer, Contractors and Workers
1. No Marker will be delivered to the Cemetery without the proper documentation. See Appendix B. No Marker will be delivered to the Cemetery until the foundation is completed and the dealer is ready to proceed with the work of placement.
2. All companies, who do work in the Cemetery, shall meet the obligations of the Cemetery's purchasing agreement, including requirements for worker and liability insurance coverage.
3. Contractors shall be under the supervision of the Cemetery Administrator and their conduct shall be subject to the control of the Cemetery. Contractors shall cease all work at the Cemetery Administrator's order for any reason and shall normally only supply services during the normal hours of operation.
4. No concrete, excavation, or landscape alterations of any kind shall be conducted other than designated contractor by the Cemetery Administrator. The finished surface shall be flush with the surrounding ground level and shall provide a level surface free of defects.
5. No contractor or supplier of services shall cause damage to roadway or turf areas within the Cemetery and shall be responsible for placing planks or plywood in order to protect the surface from damage. Costs for reparation will be at the expense of the contractor, worker or supplier.
6. All implements and materials used in the performance of any work shall be placed as directed by the Cemetery Administrator, and all rubbish and surplus earth shall be removed when, and to where, and in such manner as the Cemetery Administrator may direct. In the event the Cemetery Administrator's directives are not followed, the obstructions may be removed at the contractor's, worker's or supplier's expense.
7. If any person or company desires to set a Flat Marker, they must make written arrangements as to time of installation with the Cemetery. An employee of the Cemetery must supervise all work, and the installer shall have paid the Cemetery the prescribed installation fee as established in the Act and Appendix A.
8. Interment Rights Holders desiring outside contractors or third parties to do work on a Lot must furnish the
Cemetery with written authority and instruction for any third party activities. No person shall enter the
Cemetery for these purposes without permission of the Cemetery Administrator
O) Rules for Visitors
Visitors are welcome at the Cemetery daily during daylight hours and are asked to remember the respect due to the interred. The Cemetery staff is empowered and is required to preserve order and decorum in the Cemetery.
NOTE: Journalists, reporters, photographers, videographers, and other members of any of the news media are not permitted upon Cemetery property during any funeral proceeding, except with the express permission of the Trustees.
1. Any person disturbing the quiet and good order of the Cemetery by noise or other improper conduct or who violates these bylaws may be expelled from the grounds.
2. No parades other than funeral processions shall be admitted to or be organized within the Cemetery
3. Vehicles within the Cemetery shall be driven so not to exceed a speed of 10 km/hr and shall not leave the roadways or park on the grass unless directed to do so by Cemetery staff.
4. No recreational all terrain vehicles or snowmobiles are allowed in the Cemetery.
5. Any person who, in the Cemetery, damages or moves any turf, tree, plant, Marker, fence, structure or other thing usually erected, planted or placed in the Cemetery is liable to the Cemetery and any Interment Rights Holder who, as a result, incurs damage. The amount of damages shall be the amount required to restore the Cemetery to the state that it was in before anything was damaged or moved by the person liable.
6. No dogs or other pets shall be allowed in the Cemetery, except those required for the assistance of people with special needs.
7. Rubbish shall not be thrown on roadways. lots or walkways or any part of the grounds. Receptacles are provided at convenient points on the grounds for the deposit of rubbish, weeds, decayed flowers, plants, etc. Rubbish must not be dumped into the ravine which is a conservation area.
8. No tips or gratuities are to be given to Cemetery workers by visitors or Interment Rights Holders, nor shall any Cemetery worker accept any.
9. The Cemetery Administrator may have any article removed that is detrimental to efficient maintenance or constitutes a hazard to machinery, employees or visitors, or is unsightly or does not conform to the natural beauty or design of the Cemetery. Any article removed will be held at the Cemetery for collection. If not collected, it will be disposed of after thirty days.
P) Gifts to the Cemetery
1. The Cemetery gratefully accepts donations of many kinds. All trees and structural gifts, such as a bench, all donations or elements in a donated area, must be approved by the Cemetery Administrator, and become the property of the Cemetery.
They cannot be removed, painted or adjusted in any way or form by individuals. They are located at the approval of the Cemetery Administrator, although every effort is made to accommodate the request of the donor. The donation is recognized for the lifetime of the plant or item.
2. From time to time lots or interment rights may have been purchased, but for whatever reason the owner or subsequent holder thereof has no further need of them but does not wish them to be repurchased pursuant to the provisions of the Act.
In such cases, the Cemetery Administrator may upon request place a current fair value on them for the purposes of contemplating a donation thereof to the Cemetery. It should be recognized that many different factors, including location and proximity to other graves, will affect the market value of such orphan lots.
Q) Conditions of Contract
THE FOLLOWING TRUSTING PROVISIONS ARE IN EFFECT:
o Adult Lot (greater than 24 sq. ft.): 40% of the purchase price or $250, whichever is greater
o Cremation Lot (less than 24 sq. ft.): 40% of the purchase price or $150, whichever is greater
o Crypt: 20% of the purchase price or $500, whichever is greater
o Niche: 15% of the purchase price or $100, whichever is greater
CONTRIBUTION TO CARE AND MAINTENANCE FOR MARKER INSTALLATION:
o Flat marker less than 173 square inches $0
o Flat marker 173 square inches or more: $50
o Upright monument up to 4 feet in height or width: $100
o Pillow marker single plot $100
o Upright monument more than 4 feet in width: $200
o Pillow marker double plot $200
A CONTRACT FOR THE PURCHASE OF INTERMENT RIGHTS INCLUDES:
a) The right of the purchase, by written demand, to request the cemetery owner to repurchase the rights before they are used.
b) The cemetery owner shall repurchase the interments rights within thirty days from the date the written demand was received.
c) The repurchase price of the interment rights shall be determined by establishing the amount paid by the purchase 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.
d) In accordance with the By‐Laws of the cemetery, the following restrictions on the exercising of the interment rights apply. See restrictions in By‐Laws )
e) In exercising the interment rights contracted herein, the following documents are required: The Interment Rights Certificate and either the Burial Permit or the Cremation Certificate.
f) In accordance with the By‐Laws of the cemetery the following restrictions/requirements apply with respect to cemetery supplies and services purchased from a source other than the cemetery. (see restrictions in By‐Laws)
g) If a purchase transfers an interment right, the purchaser shall give notice of the transfer to the cemetery owners and return the original certificate of interment rights. After payment of transfer, the cemetery owner shall issue a new certificate of interment rights to the transferee.
h) In accordance with the By‐Laws of the cemetery, the following restrictions on the transfer of interment rights apply. (see restrictions in By‐Laws)
i) The resale of interment rights, to a third party, by the purchaser, is prohibited.
j) The certificate of interment rights shall not be issued until the interment rights have been paid for.