THE CORPORATION OF THE TOWNSHIP OF MACHAR
BY-LAW NO. 32-10
This By-law governs the following cemeteries:
Siloam Cemetery, Bow’s Cemetery and St. John’s Cemetery.
The Council of the Corporation of the Township of Machar in the discharge of their responsibilities, appeal to the public to aid them by following this by-law, which has been adopted for the improvement and upkeep of each cemetery, to keep it a becoming and respectful place for the burial of the dead.
The above mentioned Cemeteries are licensed to act as cemeteries in accordance with the Cemeteries Act, R.S.O., 1990.
It is our hope that by a co-operative effort we can keep the cemeteries attractive and peaceful.
4. “Treasurer” means Treasurer of the Corporation of the Township of Machar.
C) Sale and Transfer of Interment Rights
1. No person shall sell interment rights unless that person does so on behalf of the Board.
2. Interment Rights in lots may be purchased from the Township at the rates filed with the Ministry and according to the plans approved by the Ministry of Consumer Services for Ontario that are on file in the office of the Secretary of the Cemetery Board. The price of a lot is listed on the most recently filed Ministry Price List, plus applicable portion for deposit to the Cemetery’s Care and Maintenance Fund.
3. The deposit to the Care and Maintenance
Fund shall be as specified in the regulation made under the Cemeteries Act,
R.S.O. 1990 and that came into effect
1. In the case of an in-ground grave for the burial of an adult, child, or of cremated remains, the greater of 40% of the selling price or $150.
4. Payments for Interment Rights shall be made at the office of the Treasurer.
5. The Township shall provide each Rights Holder at the time of sale with:
1. a copy of the Contract (Terms & Conditions of Sale).
2. a copy of the Cemetery By-law,
3. upon payment in full, a Certificate of Interment Rights.
6. Purchasers of Interment Rights acquire only the right and privilege of burial of the dead and of constructing monuments or placing markers, subject to the Cemetery By-laws from time to time in force and approved by the Ministry of Consumer
7. To ensure the correctness of records of ownership and interments, no transfer of any interment rights or any interest therein shall be binding upon the Township until notice is given in writing to the Treasurer of the Township specifying the name and address of the proposed transferee and date of transfer, and such particulars have been entered in a register for that purpose. Upon receipt of such notice, and payment of a fee, the transfer shall be made.
8. In cases of transmission of ownership by will or bequest of interment rights, the management reserves the right to require the production of a notarial copy of the will or other evidence sufficient to prove ownership.
9. An interment rights holder may require, by written demand, the Township to repurchase the rights at any time before they are used. The Board shall repurchase the Rights within thirty days from the date that the request was received.
10. The repurchase price of the interment rights shall be the amount paid by the purchaser for the rights less the amount paid by the Township to the Care and Maintenance Fund. This also applies to all purchases or contracts that were made before this Act came into being.
11. If the original selling price is unknown, the repurchase price shall be deemed to be $50.00 as according to the Cemeteries Act, R.S.O., 1990.
12. In accordance with the Cemeteries Act, R.S.O., 1990, the Township is not required to repurchase the interment rights for more than four lots held by the same interment right holder in a twelve month period.
13. The Township after receiving such a demand, shall repurchase the interment rights within thirty days after receiving the demand.
14. NO REFUND will be made for any lot if any interment rights have been exercised.
15. Any purchaser of pre-need supplies or services from the Township may cancel, by written notice to the Township, the contract to purchase at any time before the services or the supplies are provided. No supplies will be ordered or service supplied until the 30 day grace period has passed.
16. Section 15 does not apply if the supplies or services are provided within thirty days after the contract is made because of the death of the person for whom the supplies or services were contracted.
17. If any interment rights have not been used after a 20 year period has passed, they may be considered abandoned. The Township may apply to the Registrar 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 that the rights are abandoned, the Registrar shall issue a declaration to that effect. If there is not an appeal by the end of the time period allowed for appeal, the Township may resell the lot in question.
18. Any person whose interment rights have been resold after being declared abandoned may apply to the Registrar for redress. Upon receiving an application for redress, the Registrar shall order the Township to provide better or equivalent interment rights in that cemetery or to refund the amount that it would cost to purchase better or equivalent interment rights in the cemetery or if no interment rights are available in the cemetery, in the closest cemetery appropriate to the religious or ethnic affinities of the person whose interment rights have been resold.
19. The Township will accept payment by installments for interment rights sold on a pre-need basis only as follows:
1. We require a deposit of at least 20% of the purchase price at the time the application for purchase is signed.
2. The balance is to be paid by regular equal monthly payments.
3. Should the payments fall behind for a period of three months, the lots would be repossessed by the Township unless at least two thirds of the purchase price has been paid. In this case, the Township would approach the Ontario Court, General Division, for authorization to repossess.
4. No interments shall be made therein, nor a monument erected until all indebtedness has been satisfied.
D) Interments and Disinterments
1. No burials shall take place between December 15 and April 1 unless weather permits an extension.
2. Not more than one burial plus six cremations shall be made in any single grave where a burial has taken place first, or the cremated remains of not more than six persons.
3. Remains to be buried in a lot 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.
4. All interments must be authorized in writing by the interment rights holder except the interment of the interment rights holder.
5. The Caretaker of the cemetery, his assistant or someone in the employ of the Township shall be in attendance at each interment.
6. A burial permit issued by the Division Registrar, showing that the death has been registered and the fee for the opening of the lot according to the fee found in the Price List, must be deposited with an official of the Township before interment can take place.
7. In the case of a cremation interment, the cremation certificate and the prescribed fee for this service according to the Price List must be deposited with an official of the Township.
8. Persons requesting interments in lots shall be held responsible for charges incurred.
9. When interment rights in a lot are held jointly by two or more persons, an order will be accepted from either or any of them or their authorized representatives, for interment in such part of the lot as may be requested.
10. No lot shall be opened for interment or disinterment by any person not in the employ of, or under the direction of the Township, except under special circumstances, and by permission of the Township.
11. No person shall remove human remains, except cremated remains from a cemetery unless a certificate of a Medical Officer of Health or the Board confirming that the Cemeteries Act and the regulations have been complied with is affixed to the container. A burial certificate under the Vital Statistics Act is not required to reinter human remains that have been disinterred according to the Cemeteries Act and regulations.
12. The Board will exercise all due care in making burials and interments but is not responsible for damage to any casket, urn or other container sustained during disinterment.
13. No interment shall be permitted in any lot where the burial rights have not been paid in full.
14. Funeral corteges within the cemetery shall follow the route indicated by the Caretaker.
15. The Township 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 Township may either cancel such grant and substitute other interment rights, or lot of equal value and similar location, as far as it is reasonably possible; or refund all money paid on account for such purchase. Notice will be given personally to the rights holder. If necessary, it may be mailed to the rights holders or their legal representatives, at their last appearing address in the record books of the Township. In the event any such error may involve the disinterment of remains, the Township shall first obtain the approval of any regulatory authority and the interment rights holder.
16. The Township shall not be held responsible for any errors made for any funeral arrangements made over the phone. These arrangements should be made in writing.
17. Notice of each interment to be made shall be given to the Treasurer of the Cemetery at least 48 hours in advance, 16 hours of which must be regular working hours. The Township cannot be held responsible for having lots prepared for funerals unless such notice is given.
18. The Township will not do any Sunday or Statutory Holiday interments unless ordered to do so by a representative of the Ministry of Health.
E) Care of Lots - General
1. All lots shall be maintained and kept properly graded, sodded and mown by employees of the Township.
2. No person shall do any work upon a burial lot without the permission of the Township.
3. No trees, shrubs, flowering or other plants may be cultivated on lots.
4. If any trees or shrubs situated in any lot shall have become by means of their roots or branches or in 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, the Township may remove such trees, shrubs or parts thereof after 30 days notice to the Interment Rights Holder.
5. You must secure permission from the Caretaker before removing flowers, plants, ribbons or other articles from the graves or lots.
6. NO GLASS CONTAINERS of any kind are allowed in the cemetery at any time.
7. Nails, wires, wooden crosses, articles of glass or pottery or any pottery or any other material that create a hazard to workers and to visitors when neglected or broken are not allowed in the cemetery.
8. Since borders, fences, railings, walls, cut-stone coping and hedges in or around lots become unsightly, they are prohibited.
9. Rubbish shall not be thrown out on roads, walks or any part of the grounds, but must be removed by the owner.
10. Implements or materials used in doing any work within the cemetery shall be removed without delay and if this is not done,
the Caretaker shall remove the same.
11. No Interment rights holder shall change the grading of his lot, and in case of any such change, the Township may restore the lot to its original grade at the expense of the Interment rights holder.
12. No unauthorized person shall sod, move corner posts or lot markers.
13. The Township shall not be responsible for loss or damage to any articles left upon any lot.
F) Care of Lots - Flowers
1. The Township 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 when such removals are in the best interest of the Cemetery.
2. Artificial flowers are permitted, provided they are properly maintained and not detrimental to the general maintenance of the cemetery.
3. Vases, urns and flower stands not properly cared for and are not filled with plants by the twentieth of June in any year may be removed from the lot and any stand, holder, vase or other receptacle for flowers that are unsightly or unsuitable may be prohibited or removed by the Caretaker.
4. Potted plants must not be buried but must be placed on top of the ground as close to the monument base as practical.
5. Those who place potted plants or urns, not planted by the Township, are responsible for their upkeep and must remove them by October 15.
6. Cement urns are allowed to remain after October 15 by the cemetery lot but must be placed upside down as close to the monument base as possible.
7. Artificial wreaths without glass or plastic covers are allowed to be placed on the lot provided they are securely fastened to the monument, or where there is no monument, mounted on a stand of at least 76.20 cm (30 inches) high and securely anchored to the ground.
G) 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. No inscription shall be placed on any monument which is not in keeping with the dignity and decorum of the cemetery.
3. All installations of monuments and markers and their foundations shall be arranged for by the rights holder through monument
dealers or contractors subject to the conditions of these by-laws.
4. No monument, footstone, marker or memorial of any kind shall be placed, moved, altered or removed without permission from the Caretaker/Township.
5. Candle holders and vases may constitute part of a monument 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.
1. Candle holders must be included in determining the overall size of the memorial.
2. A maximum of two candles or vases shall be placed on the base of a monument. They must be centered on the end or ends of the base.
3. A candle holder must be adequately drained to prevent any collection of water.
4. Candle holders must be fully enclosed on all sides by a door or lid.
6. No monument or marker will be delivered to the cemetery without the Request for Installation form containing the following information:
1. The Interment Rights Holders name & address.
2. Instructions for placement of the marker or monument.
3. The dimensions in the case of a flat marker.
4. In the case of a monument:
1. The dimensions of the die, height, width, length.
2. The dimensions of the base, height, width, length.
3. The overall size of the monument.
4. A description of the monument; colour and design.
5. The appropriate amount for the Care and Maintenance Fund in relation to the size of the marker/monument as set out in the Cemeteries Act, R.S.O., 1990, must accompany the monument.
7. Every person installing a monument or marker in the cemetery shall pay the prescribed amount, as set out in the Cemeteries Act, to the Township’s Care and Maintenance Fund. The interest earned from this fund will be used to maintain the markers or monuments in a safe condition.
8. The amounts are as follows:
1. In the case of installing a flat marker measuring at least 1115.85 square centimeters (173 square inches), $50
2. In the case of installing an upright marker measuring 1.22 meters (4 feet) or less in height and 1.22 meters (4 feet) or less in length, including the base, $100
9. If a monument or marker in a cemetery presents a risk to public safety because it is unstable, the Township shall do whatever is necessary by way of repairing, resetting or laying down the marker to remove the risk.
1. For the purpose of the regulations, a monument shall be understood to mean any permanent memorial projecting above ground level.
2. Minor scraping of the base portion of the upright monuments due to the turf mowing operation is considered by the Township to be normal wear.
3. The Township 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, or part thereof except where such damage or loss is due to its negligence.
4. The Township reserves the right to determine the maximum size of monuments, their number and their location on each lot or double lot. They must not be of a size that it would interfere with any future interments.
5. A double lot is allowed one upright monument and only 2 footstones or 2 corner posts are allowed. Due to the work involved to keep these level, we must restrict the quantity allowed on a lot.
6. No monument other than a headstone may be erected on a single lot and only one headstone may be erected thereon.
7. The maximum size monument allowed on a single lot is:
Height 0.91 meters (3 feet) Width 0.91 meters (3 feet)
8. The maximum size monument allowed on a double lot is:
Height 0.91 meters (3 feet) Width 0.91 meters (3 feet)
9. The minimum thickness of a die may be 15.24 cm (6 inches). However should the monument exceed 86.36 cm (34 inches) overall height, and 91.44 cm (36 inches) in width, or 50.80 cm (20 inches) in overall height and 106.68 cm (42 inches) in width, the die must be 20.50 cm (8 inches).
10. The die stones must be installed on a granite base. The height of the base shall be minimum of 20.3 cm (8 inches). The top surface of the base must be both wider and longer than the die in order to provide a minimum border of 7.6 cm. (3 inches) of the surface of the base exposed on all sides. Bottoms of the base shall be smooth sawn.
11. The maximum width of a base is controlled by the width of the plot or lot where it will be installed. No base shall be closer than 5.08 cm (2 inches) to the lot width side lines on which it is to be installed.
12. Only family names on back of monuments will be permitted.
13. Monuments cannot be placed “Back-to-back” against another.
14. Monuments must be placed at the center of the head end of the lot except where alignment with existing nearby monuments justifies another location. Approval of the location must be obtained from the Caretaker before a monument is set.
15. No book or pillow markers shall be allowed in the cemetery.
16. All photographs attached to any memorials or placed within the cemetery grounds shall be the sole responsibility of the owner.
17. No foundations may be constructed after November 15th in any year and before April 1st in the following year.
18. The foundation shall be built in the designated space and in the proper dimensions of the monument base. If incorrect dimensions have been given on the application form, signed by the interment rights holder and/or the supplier, the foundation must be immediately removed and rebuilt by the Township at the expense of the interment rights holder. Foundations will be not less than 1.52 meters (5 feet) deep and they will be set at the Caretaker’s direction.
1. The required concrete mix for foundations will be:
20.5 MPA, 75 mm slump, 20 mm aggregate, 5% +/- 1% Air Entraining agent, trowel finish all edges.
2. The surface area shall be flush with the surrounding ground level and shall provide a level surface free of defects.
3. Foundations must be cured for a minimum of 48 hours before placing the monument.
4. Contractors shall be under the supervision of the Township and shall be responsible to pay the supervisory fee, as filed with the Ministry.
5. No concrete shall be placed until a representative of the Township has approved the grades and all loose materials is
removed from the grade. The placing shall commence at the low point in the grade and the concrete shall be thoroughly
consolidated to eliminate all air pockets and honeycombs. No concrete shall be placed to overlap concrete that is partially
6. Defective areas must be repaired to the approval of the cemetery management. The finished concrete shall be protected from wind, rain or sun during curing, by covering it completely with a piece of plywood having a minimum thickness of 1.27 cm (1/2 inch). All rubbish and excavated material shall be removed from the excavation site to a place designated by the
1. The Rights Holder may on the receipt of his Rights Certificate, at his own expense, and under the supervision of an official of the Township place bronze, stone or concrete land marks 15.24 cm (6 inches) square and not less than 15.24 cm (6 inches) deep, dressed on all sides and bearing the lot and section number legibly and permanently marked thereon, at the corners of the lot or lots conveyed to him, such posts to be planted flush with the ground.
2. Markers or Footstones of bronze, marble or granite are permitted with size and quantity restrictions according to the section of the cemetery and the regulations as per the size of lot in that section. Its placement must not interfere with future interments.
single lot maximum 30.48cm x 60.96cm 12” x 24”
double lot maximum 30.48cm x 107.0cm 12” x 42”
cremation lot maximum 30.48cm x 60.96cm 12” x 24”
3. Flat Markers are to be flat on top and set level with the ground so that a lawnmower can pass safely over them.
4. Each single lot may be marked on the ground with a flat marker only, unless otherwise designated monument section.
5. One marker may be placed at each grave in addition to the monument. The marker shall be placed at the end of the grave farthest from the monument and shall not exceed 30.48cm x 60.96cm 12” x 24”.
6. The minimum thickness for all flat markers including footstones is 10 cm (4 inches).
7. All markers and monuments shall be constructed of bronze, granite or marble. The bottom bed of all bases and markers shall be cut level and true.
J) Rules for Monument Dealers, Contractors and Workers
1. No monument or marker will be delivered to the cemetery without the proper paperwork. See Section G-6 for description of paperwork.
2. No monument or marker will be delivered to the cemetery until the foundation is completed and the contractor is ready to proceed with the work of erection.
3. No monument or marker will be removed without written permission from the Caretaker/Township.
4. All companies who do work in the Township of Machar Cemeteries, shall have Worker’s Compensation Coverage for their workers as well as sufficient liability insurance.
5. Contractors, masons and stone-cutters shall lay planks on the lots and paths over which heavy materials are to be moved, in order to protect the surface from injury.
6. There shall not be a variance of more than 1.27cm (1/2 inch) in the size of the base required as stated on the work order and the size of the monument delivered.
7. The demeanour and behaviour of all workers employed by others in the cemetery, shall be subject to the control of the Caretaker/Township.
8. Workers 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 Caretaker/Township.
10. No work shall be commenced on Saturday that cannot be finished, and the litter and debris removed, by the hour of noon of that day.
11. Heavy loads shall not be permitted in the cemetery when roads are in unfit condition.
12. No monument dealer shall park on the grass unless otherwise directed to do so by the Caretaker/Township.
13. All implements and materials used in the performance of any work shall be placed where the Caretaker may direct, and all rubbish and surplus earth shall be removed when, and to where, and in such manner as the Caretaker/Township may order. Otherwise the obstructions will be removed, and the expense charged to the monument dealer.
14. If a monument company desires to set a flat marker they must make written arrangements as to time of installation with the Caretaker/Township as all work must be supervised by an employee of the Township. The Monument dealer shall pay to the Township the prescribed fee plus necessary taxes for supervising the monument company’s people.
15. If a monument company desires to make their own foundations, they must make written arrangements within 5 days of time of proposed installation with the Caretaker/Township as all work must be supervised by an employee of the Township. The foundation shall be at least 1.52 meters (5 feet) deep and the length of the monument. The width of the base shall be in accordance with the regulations for monuments for the section. There shall not be a variance of more than 1.27 cm (1/2 inch) between the size of the monument and the foundation. This foundation shall be made of air entrained cement and shall be level and true so as to not cause tipping. The foundation shall not rise above the grade of the surrounding ground. The Monument dealer shall pay the Township the prescribed fee plus necessary taxes for supervising the monument company’s people. See section H-18 for requirements in making foundations.
K) Rules for Visitors
1. Visitors are always welcome at the cemetery during the open hours, from 8:00 a.m. until sundown. They are asked to remember to respect the dead.
2. The Caretaker/Township 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 be organized within the cemetery.
4. Children under the age of twelve years are welcome in the Cemetery grounds when accompanied by an adult, who shall be responsible for their good conduct and shall see that they do not run over the lots or climb upon the monuments.
5. Vehicles within the cemetery shall be driven at a moderate rate of speed and shall not leave the avenues or park on the grass unless directed to do so by the Caretaker/Township.
6. No pleasure ATVs (all terrain vehicles) or snowmobiles are allowed in the cemetery.
7. Proprietors of vehicles and their drivers shall be held responsible for any damage done by them.
8. Discharging of firearms, other than in regular volleys at burial services is prohibited in and around the cemetery.
9. No dogs or other pets shall be allowed in the cemetery.
10. No picnic or party shall be permitted in the cemetery grounds.
11. Any person who, in the cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the Township 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.
12. Any complaints by interment rights holders or visitors should be made to the Caretaker/Township, and not to workers on the grounds and controversies with workers or others on the grounds are to be avoided.
13. Rubbish shall not be thrown out on roads, walks or any part of the grounds, but must be removed by owner.
14. Any person disturbing the quiet and good order of the cemetery by noise or other improper conduct or who violates these by-laws, must be expelled from the grounds.
15. No tips or gratuities are to be given to cemetery workers by visitors or Rights Holders, nor shall any be accepted by any cemetery worker.
16. Any article which is detrimental to efficient maintenance or constitutes a hazard to machinery, employees or visitors, or is unsightly or does not conform with the natural beauty or design of the cemetery, may be removed by the Township. An article removed will be held at the cemetery for collection. If not collected, it will be disposed of after 60 days.
Any and all previous by-laws pertaining to Cemetery operations are hereby rescinded.
Read a 1st, 2nd & 3rd time and finally passed this 9th day of August 2010.
Per Mayor Harvey Pinkerton
Per Clerk-Administrator Brenda Paul, AMCT
Table of Contents
C) Sale and Transfer of Interment Rights
D) Interments and Disinterments
E) Care of Lots – General
F) Care of Lots – Flowers
G) Monuments and Markers – General Information
J) Rules for Monument Dealers, Contractors and Workers
K) Rules for Visitors