THE CORPORATION OF THE TOWNSHIP OF MACHAR
BY-LAW NO. 32-10
Preface:
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.
A) Administration
B) Definitions
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
Services.
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.
H) Monuments
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
set.
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
Caretaker/Township.
I) Markers
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
CEMETERY BY-LAW
Table of Contents
Preface
A) Administration
B) Definitions
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
H) Monuments
I) Markers
J) Rules for Monument Dealers, Contractors and Workers
K) Rules for Visitors