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MUNICIPALITY OF NORTH MIDDLESEX BY-LAW #21 OF
2005 A BY-LAW TO ESTABLISH RULES
AND REGULATIONS AND A TARIFF OF RATES FOR CEMETERIES LOCATED WITHIN THE
MUNICIPALITY OF NORTH MIDDLESEX. Whereas the Council of the
Municipality of North Middlesex has established a local board to administer
and recommend rules and regulations for approval by the Council and the
Ministry of Consumer and Commercial Relations; And whereas it has been
deemed expedient to establish uniform rules and regulations and tariff of
rates as provided under the Cemeteries Act for all cemeteries located in
North Middlesex; And whereas it is
deemed necessary to repeal By-law #7 of 1989 of the former Township of West
Williams, By-law #22 of 1995 of the former Township of McGillivray and any
other motions or by-laws of the former municipalities upon third and final
reading of this by-law; NOW THEREFORE the
Council of the Municipality of North Middlesex enacts as follows: NAME OF CEMETERIES: PARKHILL WEST
WILLIAMS CENTENARY SALEM MOUNT PLEASANT BAPTIST – E.W. -
FERNHILL BAPTIST-LIEURY WEST C. LEWIS NEIL SUTTON LEWIS NURSERY MARK
SETTLEMENT McTAGGART 1. DEFINITIONS: “cemetery” means all cemeteries located in the Municipality of
North Middlesex, County of Middlesex. “owner” means the Corporation of the Municipality of North
Middlesex. “ministry” means the Ministry of Consumer and Commercial
Relations for Ontario. “cemetery board” means members of the Board appointed by the Council
of the Corporation of the Municipality of North Middlesex for the purpose of
operating all the publicly managed cemeteries within North Middlesex. “chairman” means the Chairman of the North Middlesex Cemetery
Board. “secretary-treasurer” means the person appointed to this office by
the Council of the Corporation of the Municipality of North Middlesex. “caretaker” or “superintendent” means the person appointed
to this office by the Council or the Corporation of the Municipality of North
Middlesex. “plot” means two or more lots in which the rights to inter human remains
have been sold as a unit. “lot” means an area of land in the Cemetery to inter human remains. “plan” means the plan of the Cemetery, approved by the Ministry of Consumer
and Commercial Relations for Ontario for the burial of human remains. “contract for the purchase of interment rights” means an
agreement between the North Middlesex Cemetery Board and the purchaser of
interment rights. “certificate of interment rights” means a certificate issued
pursuant to the Cemeteries Act, R.S.O. 1990, when interment rights have been
paid in full. “inter” means the burial of human remains and includes the
placing of human remains in a lot. “interment rights” means the right to require or direct the interment
of human remains in a lot. “interment rights holder” means a person with interment rights with
respect to a lot and includes a purchaser of interment rights under the
Cemeteries Act. “care and maintenance lot fund” means a trust fund
established for the purpose of providing money for the care and maintenance
of the Cemetery, as prescribed by the regulations of the Cemeteries Act. “care and maintenance marker fund” means a trust fund
established for the purpose of providing money for the care and maintenance
of markers in the Cemetery, as prescribed by the regulations of the Cemetery
Act. “general maintenance account” shall mean that account
which has been set aside for maintenance of the cemetery and for services
rendered in connection with its operation. “trust funds” means funds established for the purpose of the
Cemeteries Act. “marker” means any monument, tombstone, plaque, headstone,
foot marker or corner posts affixed to or intended to be affixed to a burial
lot. “tariff of rates” means rates for cemetery supplies and services
which have been filed with and approved by the Ministry. 2.
SALE AND TRANSFER OF INTERMENT RIGHTS a)
Interment rights may be purchased from the Board at the rates filed
with and approved by the Ministry. b)
Purchasers of interment rights acquire only the right and privilege of
burial of the dead and of constructing markers, subject to the rules and
regulation of the Board. c)
Payments for interment rights shall be made at the office of the
Secretary-Treasurer, 229 Parkhill Main Street, Parkhill. d)
Each purchaser of interment rights shall be entitled to a Certificate
of Interment Rights when all indebtedness has been satisfied and all charges
have been paid in full. e)
The certificate of Interment rights shall specify full particulars of
the location and dimensions of the lot to which interment rights apply, the
date of purchase, the amount paid, the proportion of the sale price, in
dollars, being set aside for care and maintenance, and shall be subject to
the existing regulations or such regulations as may from time to time be
determined by the Board and approved as in clause 2 above as if embodied
therein in full. A copy of the North Middlesex Cemetery Board Rules and
Regulations shall be provided to every purchaser of interment rights and
shall be available to all interment rights holders at the annual Decoration
Day service. f)
Interment rights shall be sold hereafter covered by a rate for Care
and Maintenance set forth in the tariff of rates and filed with the Ministry. g)
No sale or transfer of interment rights shall be made until all
arrears for general maintenance purposes, if applicable, or unpaid cemetery
service charges have been paid in full. h)
An Interment Rights Holder may require, by written demand, the Board
to repurchase interment rights at any time before they are used. The Board
shall repurchase the interment rights within thirty days after receiving the
demand. The repurchase price shall be determined by establishing the amount
paid by the interment rights purchaser for rights (as set out in Clause 1 of
the contract for the Purchase of Interment Rights), less the amount the
purchaser paid into the Care and Maintenance Fund. i)
It is a condition of every contract for the Purchase of Interment
Rights that, if a purchaser transfers an interment right, a)
the purchaser shall give notice of the transfer to the
Secretary-Treasurer and return the original Certificate of Interment Rights
to the Board. b)
The Secretary-Treasurer shall issue a new Certificate of Interment
Rights to the transferee when the transfer fee has been paid in full. c)
That the new Interment Rights holder shall be responsible for the cost
of purchasing new corner posts at current pricing. j)
In the case of a request for transfer of interment rights by will or
bequest, the Board shall require a notarial copy of a will or evidence
sufficient to prove entitlement. In all other cases of transfer, a letter
from the interment rights holder granting permission for the interment rights
to be transferred shall be required. If there is no relative, heirs,
executors, etc. to provide such letter, the person requesting the transfer of
interment rights shall provide the Secretary-Treasurer with a sworn oath
indicating that such person requesting the transfer of interment rights is entitled
to do so and that there are no surviving relatives, or heirs to the interment
rights who may object to such transfer, and that the Board shall not be held
responsible or liable by any person as the result of such transfer of
interment rights. k)
Where no interment has been made in a lot for more than twenty years
and the Interment Rights holder has not maintained and kept it in a proper
state of repair, the Board may repossess the unused portion of the lot as
provided for in the Cemeteries Act. 3.
INTERMENT, DISINTERMENT AND REINTERMENT a)
The superintendent, his assistant, or someone in the employ of the
Board shall be in attendance at each interment, disinterment and/or
re-interment. b)
A burial permit issued by the Division Registrar, showing that the
death has been registered, must be deposited in the office of the
Secretary-Treasurer, before an interment can occur. c)
No interment will be undertaken unless an Interment Order, in the
prescribed form, has been filed with the Secretary-Treasurer. Verbal interment
orders will not be accepted. Interment Orders transmitted by facsimile will
be accepted, however, the original Interment Order will be deposited in the
office of the Secretary-Treasurer within seven days of the date in which the
interment order was transmitted. The Board and/or its agents shall not be
held responsible or liable for any errors resulting from erroneous or lack of
specific information on the Interment Order form. d)
Persons ordering Interment Rights shall be held responsible for all
charges incurred. e)
When Interment Rights 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. f)
Notice of each interment shall be provided to the Secretary-Treasurer
at least 48 hours previous thereto except under special circumstances, or as
required by the Cemeteries Act. The Board cannot be responsible for having
graves prepared for funerals unless such notice is given. g)
If Saturday, Sunday or public holiday burials are
requested, any additional fees will be paid in accordance with the tariff of
rates. h)
No interment, disinterment and/or re-interment shall be made on Good
Friday, Easter Sunday, or Christmas Day, except as required by the Cemeteries
Act. i)
No lot shall be opened for interment by any person not in the employ
of the Board, except under special circumstances, and by permission of the
Board j)
Each lot shall be of sufficient depth to give a covering of at least
three (3) feet of earth over the outside cover shell of the coffin or other
receptacle. k)
Double depth interments in one lot will be made only at the discretion
of the superintendent, except for cremated remains, and an additional fee
will be charged for such double depth interments as outlined on the tariff of
rates schedule filed with the Ministry. l)
The interment fee includes the opening and closing of the lot and
registration of the burial. m)
The scale of fees for a lot opening is based on the size of the lot
and the labour involved as shown on the tariff of rates schedule, filed with
the Ministry. n)
No disinterment shall be made without the written consent of the local
Medical Officer of Health and the owner of the lot, except on an order from
the court or as provided in the regulations under the Cemeteries Act. o)
Funeral corteges within the cemetery shall follow the route indicated
by the superintendent. p)
No interment shall be permitted in any lot in which outstanding annual
care or cemetery service charges are due and unpaid. q)
The number of cremains burials per full-sized lot
will be a maximum of 6. 4.
CARE OF LOTS a)
All plots and lots shall be maintained and kept properly graded,
sodded and mowed by employees of the Board. b)
If any trees or shrubs situated in any lot shall have, in the opinion
of the Board, 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
Board may remove such trees or shrubs, or parts thereof after the owner has
received a 90 day written notice and failed to comply. c)
A flower bed is permitted. The size of the flower bed shall not exceed
a depth of 18 inches, shall be located only on the face side of the monument,
or in the absence of a monument, to the most westerly point of the lot, and
shall not exceed the width of the lot. If any flowers or other plants become
in any way detrimental to adjacent lots, roads, or walks, or prejudicial to
the general appearance of the grounds or inconvenience to the public, the
Board may remove such parts thereof after the Purchaser of the Interment
Right and/or his representative has received a 14-day notice in writing and
has failed to comply. d)
Artificial flowers, wreaths, vases, urns and flower stands are
permitted on lots. If these become in any way detrimental to the adjacent
lots, roads, or walks, or prejudicial to the general appearance of the
grounds or inconvenience to the Cemetery or the public, the Board may remove
same and a notice shall be provided to the interment rights holder and/or his
representative. e)
Rubbish shall not be thrown out on roads, walks or any part of the
grounds. Receptacles are provided at convenient points on the grounds. f)
No lot owner shall change the grading of this lot, and in the case of
any such change, the Board may restore the lot to its original grade at the
expense of the owner. g)
No unauthorized person shall sod over or move lot markers. h)
The Board shall not be responsible or liable for loss of or damage to
any articles upon any lot or plot, for any reason. i)
Borders, fences, railings, walls, cut-stone copings and hedges create
costly problems and interfere with maintenance. New installations are
prohibited. Existing installations shall be removed as they deteriorate. 5.
MONUMENTS AND FOOT MARKERS a)
No monument or marker shall be erected or permitted on a lot until
accrued charges have been paid in full. b)
All foundations for monuments or markers shall be
constructed by the monument company at the expense of the
interment rights holder or his/her representative. Orders for foundations
must indicate the date the foundation is required, and must provide the Board
with thirty (30) days notice or approval by the works department. The foundation
shall extend 4” beyond the base of the monument, be flush with the ground and
shall be 48” deep. If incorrect dimensions are provided on the
prescribed form, the foundation will be removed and rebuilt by the Board at
the interment rights holder or his/her representatives’ cost. Due to
inclement weather conditions and frost in the ground, foundations will not be
constructed between October 15 and May 15 of each year, or at the
discretion of the Public Works Superintendent. c)
Charges for
the care and maintenance of the monument will be collected 30 days
post-install of the monument or marker. d)
Monuments must be in
keeping with the decorum of the cemetery. All monuments must be centered on
the proper point of the lot or plot. e)
The temporary marking
of interments with plaques, crosses, etc. shall be permitted for a maximum
period of one year following an interment(s), after which time all lot
markers must be constructed and installed in accordance with the terms of
Section 5b. (f)
No monument shall exceed the height of 40” from ground level. Any
exception to this policy will require written permission from the Board. (g)
All monuments and markers shall be constructed of bronze, granite, or
marble. The bottom bed of all bases and markers shall be cut level and true. (h)
No inscription shall be placed on any monument or marker, which in the
opinion of the Board is not in keeping with the dignity and decorum of the
cemetery. (i)
One flat marker set flush with the ground may be placed on each lot in
addition to a monument. The marker shall be centered at the proper point
on the lot and shall not exceed the size indicated in clause (k) below.
Flat markers shall not be installed on a pre-need basis due to potential
damage to the marker as a result of excavating a lot for an interment. Due to
ground settling, flat markers shall not be installed for a period of one year
from the date of interment, or until final settlement of the ground has
occurred. If a request is made prior to the one year period the final
decision shall be at the discretion of the Cemetery Superintendent. (j)
Flat markers of bronze, marble, or granite are
permitted and cannot exceed twelve by twenty-four inches (12” X 24”) with
a depth of three inches to five inches (3”-5”). The upper surface must be
flat with no projections and shall be set by the monument company. (k)
Each single lot may be marked on the ground with a
flat marker centered at the proper point of the lot as marked by The
Municipality of North Middlesex. (l)
The Board shall place corner lot markers four inches (4”) square and
not less than four inches (4”) deep, planted flush with the ground, dressed
on all sides and bearing the initial of the surname of the interment rights
holder. (m)
Interment Rights Holders are required to keep all monuments and
markers in a state of good repair, unless special provision has been made for
this with the Board. If a marker is in need of repair or if any inscription
is placed upon any marker determined by the Board to be offensive or
improper, the Board shall provide written notice to the interment rights
holder or his/her representative indicating that if the deficiency is not
repaired within thirty (30) days it will be repaired by the Board at the
expense of the interment rights holder or his/her representative. (n)
If any monument or marker presents a risk to public safety because it
is unstable, the Board shall do whatever is necessary by way of repairing,
resetting or laying down the marker so as to remove the risk, at the expense
of the interment rights holder or his/her representative. (o)
When a monument, marker or memorial is to be removed from the
Cemetery, or if any work of any nature is to be performed in the Cemetery, an
application shall be filed in writing with the Secretary-Treasurer on the
prescribed form. 6.
RULES FOR MONUMENT DEALERS,CONTRACTORS,AND WORKMEN a)
Every contractor employed to do any work in the
cemetery shall first present an application in the prescribed form to the
Secretary-Treasurer, signed by the lot owner or his/her representative,
requesting permission to employ such contractor to do the work herein
specified. All must be covered by liability and W.S.I.B. where applicable. b)
The demeanour and behaviour of all workmen employed by others in the
cemetery shall be subject to the control of the superintendent or his/her
designate. c)
Contractors shall lay planks on the lots and paths over which heavy
material are to be moved, in order to protect the surface from injury. d)
Contractors shall cease work, if in the immediate vicinity of a
funeral, until the conclusion of the service. e)
All work must be done during regular cemetery hours, unless by special
permission of the Board. f)
No work shall be commenced on Saturday, that cannot be finished that
day, and all litter and debris is to be removed that day. g)
Heavy loads shall not be permitted in the cemetery when the roads are
in an unfit condition. This will be determined by the superintendent. h)
No monument or markers shall be delivered to the cemetery until
foundations are completed, all charges for constructing the foundations are
paid for, and the contractor is prepared to mount the monument. i)
All implements and materials used in the performance of any work shall
be placed where the superintendent may direct, and all rubbish and surplus
earth shall be removed in such manner and at such time and to such place as
the superintendent may order. Otherwise the obstruction will be removed, and
the expense charged to the interment rights holder or his/her
representatives. j)
Any contractor who damages any lot, monument, or other structure, in
the cemetery, shall be personally responsible for such damage or injury, and
in addition thereto, his employer shall be liable therefore. 7.
RULES FOR VISITORS a)
Visitors are always welcome at the cemetery during open hours, from
8:00 a.m. to sundown. Visitors are asked to remember the respect due to the
dead. b)
The superintendent and his assistants are empowered and are required
to preserve order and decorum in the cemetery. c)
No parades other than funeral and memorial processions shall be admitted
to or organized within the cemetery. d)
Children under the age of twelve (12) years are not admitted to the
grounds except in the charge of an adult, who shall be responsible for their
good conduct and shall see that they do not run over lots. e)
Vehicles within the cemetery shall be driven at a
moderate rate of speed and shall not leave the roadways. No recreational
vehicles are allowed. (i.e. snowmobiles, ATV’s, ATC’s) f)
Proprietors of vehicles and their drivers shall be held responsible
for any damage caused while in the Cemetery grounds. g)
Discharging of firearms, other than in regular volleys, at military
burial services, is prohibited in and around the cemetery. h)
No dogs shall be allowed in the cemetery. i)
No picnic party shall be permitted in the cemetery grounds. j)
All persons are prohibited from taking flowers, plants or other
materials from lots or graves in the cemetery or from picking any flowers,
either wild, or cultivated, or breaking any tree or shrub or plant; or
writing upon, defacing, or injuring any monument, fence, or other structure
in or belonging to the cemetery; or from making any paths or short cuts
across any part of the cemetery. k)
Any complaints by lot owners or visitors should be made in writing to
the Secretary-Treasurer, and not verbally to workers in the Cemetery.
Controversies with workers in the Cemetery are to be avoided. l)
No gratuities shall at any time be given to any officer or employee,
nor shall any reward be given for any personal service or attention. m)
Any person disturbing the quiet and good order of the cemetery by
noise or other improper conduct or who violates these rules, may be expelled
from the grounds. READ A FIRST AND SECOND TIME THIS 28th DAY OF FEBRUARY 2005 READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2005. ___________________________ _____________________________ MAYOR
ADMINISTRATOR CLERK
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