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BY-LAW
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BY-LAW NO. 1993-36
DEC 9 1993
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A BY-LAW TO ESTABLISH THE RULES AND
REGULATIONS OF THE KINCARDINE CEMETERY
WHEREAS The Corporation of the Town of Kincardine acquired and
established the use of certain lands within the Town of
Kincardine and have designated such lands as the Kincardine
Cemetery;
AND WHEREAS Section 50 of the of
R.S.O., 1990, c.C.4, authorizes
by-laws governing maintenance,
control of cemeteries;
the Cemeteries Act, (revised)
municipal councils to pass
management, regulation and
AND WHEREAS the Council for The Corporation of the Town of
Kincardine considers it necessary to establish regulations
governing the cemetery in order to ensure the efficient
administration and operation of the cemetery, as well as the
maintenance of the dignity and decorum of which the cemetery is
preserving;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1 . DEFINITIONS
In this By-Law:
1.1 CARE AND MAINTENANCE FUND - shall mean that fund in which
all money received for the care and maintenance of the
Cemetery shall be invested and the interest earned
therefrom shall be used for the permanent care of the
grounds, markers and monuments and held in trust by the
treasurer.
1.2
CEMETERY
composed
the Town
shall mean the Kincardine Cemetery being
of Part of Lots "B" and "C", Concession "A" in
of Kincardine.
1.3
CERTIFICATE OF INTERMENT
certificate issued by the
interment rights to a lot
Schedule "A" to this by-law.
RIGHTS
Town to
or lots
shall mean
the purchaser
as prescribed
the
of
as
.
1.4
CERTIFICATE OF INTERMENT RIGHTS HOLDER - shall mean those
persons who hold the rights to inter human remains in a
specified lot.
.. 2/
Kincardine cemetery By-Law
Page 2
1.5 CHAIR - shall mean that person appointed by the Committee
from its members to act as Chair.
COMMITTEE - shall mean the Kincardine Cemetery Committee
as appointed by resolution of the Council for the Town.
GRAVE shall mean any burial space of sufficient area
for one opening for an adult and having a minimum size of
eight feet by three feet.
1.8 INFANT GRAVE - shall mean any burial space of sufficient
area for one opening for a child and having a size less
than eight feet by three feet.
1.6
.
1.7
1.9 INTERMENT RIGHTS - shall mean the right to require or
direct the interment of human remains on a lot.
1.10
LOT
maps
with
- shall mean a lot as shown in the original plans or
of the cemetery on file with the superintendent or
the clerk.
1.11 MARKER - shall mean any stone of granite or marble or
bronze set flush with the ground and used to mark the
location of a grave.
1.12 MONUMENT - shall mean any permanent memorial structure of
granite or marble projecting above ground level.
1.13 PLOT - shall mean a parcel of land containing one or more
graves in a given lot.
1.14 SECRETARY - shall mean the secretary of the Committee
appointed by the Committee from among its members.
1.15 SUPERINTENDENT - shall mean that person appointed by the
Town who is charged with the management of the Cemetery.
1.16 TOWN shall mean The Corporation of the Town of
Kincardine.
2.0 ADMINISTRATION
2.1
2.2
The Cemetery shall be governed by the terms of
by-law and the Cemeteries Act, (revised), R.S.O.
c.C.4.
this
1990,
The Town
Committee
establish
the Town
and rules
hereby establishes the Kincardine Cemetery
which shall have the responsibility to
policies concerning the Cemetery on behalf of
and in accordance with the policies, procedures
as established by the Town from time to time.
2.3 The Committee shall consist of four members of the public
appointed by resolution by the Council for the Town for a
four year term and whose term of office shall expire in
alternating years. The mayor shall be a member by virtue
of his/her office.
.
2.4
The secretary
meetings. The
lots, plots and
certificates of
shall keep minutes of the
clerk's office shall record all
graves, and burials and prepare
interment rights.
Committee
sales of
and issue
.. 3/
y:-!!:
Kincardine Cemetery By-Law
Page 3
The treasurer for the Town shall be the treasurer for the
Cemetery and shall be responsible for the proper receipt,
disbursement and recording of all cemetery funds in
accordance with Town and provincial policy as well as
general accounting rules and principles.
The Committee shall appoint a chair from among its
members for a two year term.
2.7 All monies received for the care and maintenance of lots
shall be placed in a trust fund in a chartered bank;
such account to be known as the "Care and Maintenance
Fund" and shall be invested from time to time by the
Town's treasurer in accordance with Town policy.
2.5
.
2.6
2.8
All interest and investment income received from the
and Maintenance Fund shall be directed toward
ordinary expense of maintenance and improvement of
Cemetery, pursuant to Section 35, Subsection (4) of
Cemeteries Act, R.S.O., 1990, c.C.4, as amended,
associated regulations.
Care
the
the
the
and
2.9 It shall b~ the duty of the Superintendent to supervise
all work ~n connection with the Cemetery and keep a
record of all lots, graves, burials and interment rights
purchases.
2.10 The Superintendent shall submit to the manager of public
work's office, each month, an account of all interment
rights sold, all interments and disinterments and to
submit weekly all time sheets for employees together with
any other information requested by the manager of public
works.
2.11
The Superintendent shall
workers on the cemetery
their conduct.
take complete charge of
staff and be responsible
all
for
2.12 The Superintendent or the superintendent's assistant
shall be present at all funerals in order to ensure that
the proper arrangements are being provided by the
cemetery.
3. 0 RULES FOR LOT OWNERS
3.1 No person other than cemetery staff shall remove any sod
or in any other way change the surface of any burial lot
in the Cemetery.
3.2
.
No person shall plant trees or shrubs in the Cemetery
except with the approval of the Superintendent and any
trees or shrubs now on lots which 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 Superintendent may remove
such trees or shrubs or parts thereof, but 90 days prior
to said removal, the Superintendent shall contact the
certificate of interment rights holder in writing at
his/her latest recorded address in the Cemetery's records
and provide the certificate of interment rights holder
with the opportunity to make adjustments to rectify the
problem, the cost of which is to be assumed by the
certificate of interment rights holder.
..4/
'-
3.4
3.5
.
3.6
Kincardine Cemetery By-Law
Page 4
Flowers
by the
sod and
placed on a grave at a funeral shall be removed
cemetery staff after a weeks time to protect the
maintain a neat appearance of the Cemetery.
No certificate of interment rights holder or other person
shall place any flower bed, monument, grave marker,
inscription, etc., on any lot, plot or grave until all
charges have been paid.
No certificate of
shall erect or
concrete or other
interment rights holder or
place any enclosures of
materials on or around any
other
iron,
lot.
person
wire,
3.7 No certificate of interment rights holder or other person
shall cause any object such as benches, flower urns,
trellises, artificial flowers, wood or metal stands or
other objects including glass objects that will interfere
with the workings of the mowers, etc. to be placed on a
lot except from November 1st until the following April
15th when one metal holder or stand for a winter wreath
may be used, but shall be removed by April 15 or be
subject to removal and disposal by the Cemetery staff.
4.0 SALE OF LOTS
4.1 Lots for burial purposes shall be sold according to the
existing plans of the various divisions and sections as
approved by the Ministry of Consumer and Commercial
Relations and as to future plans approved as new sections
are opened, at a scale of prices as set forth by Council,
and filed with the registrar.
4.2
4.3
Purchasers
of burial
subject to
approved by
Relations.
lots acquire only the right and
the dead and of constructing
rules and regulations in
Ministry of Consumer and
privilege
monuments,
force and
Commercial
of
of
the
the
The mayor and clerk, on payment of the sale
interment rights , shall issue a certificate of
rights upon which shall be fixed the Town's
seal.
price of
interment
corporate
4.4 Each purchaser of a lot shall abide by all the existing
rules of the cemetery and any rules and regulations which
may hereafter be enacted by the Town, and approved by the
registrar.
4.5 Care and maintenance shall be included in the purchase of
lots.
4.6 No certificate of interment rights holder shall sell a
lot or plot.
4.7
.
Each interment right holder may apply in writing to the
Town to have their rights repurchased at any time before
they are used. The Town will, upon receiving this
notice, will repurchase the interment rights within 30
days after receiving the request. The repurchase price
of the interment rights shall be the amount paid by the
purchaser for the rights less the amount the owner paid
into the Care and Maintenance Fund.
4.8 If the Town cannot determine the amount paid by the
purchaser for the interment rights, the repurchase price
shall be $50.00.
.. ./5
Kincardine Cemetery By-law
Page 5
5 . 0 TRANSFER OF LOTS
Any certificate of interment rights holder who wishes to
transfer the certificate of interment rights of his/her
lot or plot, shall provide the clerk with the name and
address of the party to whom the transfer shall be made
together with proof of ownership or authority for
transfer and shall pay a sum as set forth in consolidated
fee by-law for this service.
5.2 In case of transmission of ownership by will or bequ~st
of a lot, the Town reserves the right to requ~re
production of a notarial copy of the will or other
evidence sufficient to prove ownership.
5.1
.
6.0 INTERMENT OR DISINTERMENTS
6.1 Whenever an interment is to be made, the certificate of
interment rights holder or his/her agent shall give
written notice to the Superintendent at least forty-eight
(48) hours in advance giving all the particulars as to
location and size of case. The Town shall not be
responsible for having graves prepared for funerals
unless such notice is given.
6.2
6.3
6.4
winter storage is provided in the interment charges
the cemetery if required.
for
No interment or disinterment shall be made by the
without satisfactory proof of interment rights
first produced.
Town
being
The certificate of
agent must present a
registrar, to the
attendance at the
permitted.
interment rights holder or his/her
burial permit issued by the division
Superintendent or the assistant in
grave before an interment will be
6.5 The Town may refuse any interment in any lot against
which unpaid charges appear
6.6
No person,
shall open
removal.
other than an employee or agent of the Town
any grave for the purpose of burial or
6.7 Burials between December 1 and April 15 will only take
place if weather conditions permit. Funeral directors
are requested to suggest committal services be held at
the funeral home if a conflict in times occurs.
6.8 The Town assumes no responsibility for damages should a
grave be opened in the wrong location due to wrong or
insufficient information and any expense in connection
with an error of this kind shall be paid by the parties
ordering the interment.
Every certificate of interment rights holder or agent of
an interment rights holder shall arrange to arrive at the
cemetery not later than 4:00 p.m. in order that burial
may be completed within the regular hours of work.
6.9
.
" ./6
6.10
.
6.11
Kincardine Cemetery By-law
Page 6
There shall be one interment per grave except
remains, two of which may be placed above the
burial where permission has been granted
certificate of interment rights holder or the
immediate family.
cremated
original
by the
holder's
The maximum
remains and
remains.
interment for each grave shall be one human
two cremated remains or three cremated
6.12 Each grave shall be at least 1.5 metres deep.
6.13
The use
Town to
openings
of oversize shells or vaults does not
assume responsibility for the number
that may be made in any lot.
permit the
of grave
6.14 No certificate of interment rights holder or other person
shall make or cause any disinterment without the written
consent of the local medical officer of health except on
an order from the court as provided for in the
regulations under the Cemeteries Act. The certificate
rights holder shall assume any costs involved.
6.15 All fees for interment, disinterment, lot sale, monument
maintenance, care and maintenance or any other fee
charged by the Kincardine Cemetery shall be outlined in
the consolidated fee by-law which and is subject to
periodic changes, and filing with the Registrar.
7.1
7.0 CARE OF LOTS
7.2
All lots
Cemetery
clipping
only.
in the cemetery shall be cared for
staff and shall include the mowing of
around monuments and refilling sunken
by the
grass,
graves
Certificate
their lots
consolidated
rights holders
in perpetuity
fee by-law.
shall pay for the
at a rate set forth
care
in
of
the
8.0 RULES FOR VISITORS
8.1 Kincardine Cemetery is sacredly devoted to the burial of
the dead, and the provisions of this by-law will be
strictly enforced in all cases of disturbance, wanton
injury to property, disregard of the rules of conduct
unbecoming to a cemetery.
8.2 All visitors shall conduct themselves in a quiet, orderly
manner and shall not disturb any service being held, by
noise or other disturbances.
8.3 Visitors shall travel through the cemetery by way of the
roads and paths only and shall not walk or drive over the
burial lots of others.
.
8.4
Children under twelve years of age must be accompanied by
an adult who shall remain in close contact with them and
shall be responsible for their action.
.. ./7
Kincardine Cemetery By-law
Page 7
8.5
No person shall pick any flower or disturb any tree,
shrub or plant within the Cemetery and shall not deface
any monument, fence, or other structure in or belonging
to the Cemetery.
.
8.6
No person shall remove any flower or
other objects from a Cemetery plot
permission from the Superintendent to
plant container or
without receiving
do so.
No person shall carry or
Cemetery grounds except
volleys at a burial.
8.8 No animals shall be allowed in the Cemetery.
discharge firearms within
where used for the firing
the
of
8.7
8.9 No person shall use the Cemetery for the purposes of a
picnic party or other large assembly.
8.10 When a society or association desire to hold a memorial
service, they shall make application to do so to the
Committee at least 15 days prior to the desired date and
a permit shall be granted at the approval of the
Committee. The association or society securing the
permit shall be responsible for any damage done to
property in the Cemetery at that time.
8.11 The Cemetery may be visited each day from sunrise to
sunset.
8.12
Any complaints by
should be made
workers or others
certificate of interment rights holders
at the Town Hall. Controversies with
on the grounds are to be avoided.
9 . 0 RULES FOR VEHICLES
9.1 The Committee reserves the right to close the roads of
the Cemetery at any time to vehicular traffic, due to
adverse weather conditions or when such traffic might
substantially interfere with a committal service in
progress.
9.2 The drivers of all vehicles entering the Cemetery shall
obey the instructions of the Superintendent, and shall
keep to the route allotted to them. They shall not
attempt to turn around on any roadway or pass another
vehicle and shall not exceed a speed limit of twenty
kilometres per hour.
9.3 Vehicles forming part of a funeral procession shall take
the route allotted to that funeral and shall move in
unison with the funeral director in charge of the
funeral.
9.4 Proprietors of vehicles and their drivers shall be held
responsible for any damage done by them.
.
9.5
Off road motorized vehicles, such as dirt bikes, all
terrain vehicles and snowmobiles, are not allowed in the
Cemetery.
../8
Kincardine cemetery By-Law
Page 8
10.0 RULES FOR MONUMENT DEALERS OR THEIR EMPLOYEES
10.1
contractors shall not enter
or on Sundays unless by
Superintendent.
the Cemetery in the evenings
special permission of the
.
10.2 Contractors or other persons shall remove all implements
or materials used in doing any work within the cemetery
without delay and if this is not done, the Superintendent
may remove same.
10.3 The Town shall not be responsible for loss or damage to
any portable articles left upon any lot or grave.
10.4
Contractors,
on the lots
be moved, in
masons, and stone cutters shall lay planks
and paths over which heavy materials are to
order to protect the surface from injury.
10.5 No person shall drive a vehicle in the cemetery when
the roads are blocked off with barriers.
10.6 Any monument dealer, contractor or individual who damages
any lot, tomb stone, monument or other structure or
otherwise does injury in the Cemetery, shall be
personally responsible for such damage or injury.
10.7 The safety of all monuments will be the responsibility of
the Town.
10.8 No monument will exceed 48 inches in height, from ground
level to the top of the monument.
10.9
Foundations of
less than 40
shall be level
Cemetery staff.
10.10 No monument shall cover more than ten percent of the
total area of the lot or lots on which it is erected.
monuments and markers shall extend not
inches below the surface of the ground;
on top and constructed of concrete by the
10.11 Foundations must be as large in area as the base of the
monument, but the Town reserves the right to require a
larger foundation if necessary.
10.12
Any
into
with
slabs or markers used shall be placed
the ground so that the upper surface
the sod.
flat and sunk
shall be level
.
10.13 The dimensions and particulars of the required foundation
of the monument shall be submitted to the Superintendent
before the erection or placing of the monument, so that
the foundation may be properly constructed.
10.14 No inscription shall be placed on any monument which is
not in keeping with the decorum and dignity of the
Cemetery.
10.15 Stones and monuments shall be free from visible defects
with respect to quality or endurance.
10.16
All bases of monuments must be level on the bottom,
the stonework next to the foundation shall have
surface squared, so as to allow full bearing upon
foundation; and no building up or underpinning
chips will be allowed.
and
the
the
with
.. 9/
.
.
Kincardine cemetery By-Law
Page 9
10.17 In accordance with section 38 of the Cemeteries Act and
Regulations, a prescribed amount shall be paid into the
Care and Maintenance Fund of the Cemetery upon the
installation of a marker. The prescribed fees are set
out in the Consolidated Fee By-Law.
10.18 In accordance with section 48 of the Cemeteries Act and
Regulations, if a marker in the Cemetery presents a risk
to public safety because it is unstable, the Town shall
do whatever is necessary by way of repairing, resetting
or laying down the marker so as to remove the risk.
10.19 No person shall erect more than one monument on each lot,
and, except as noted in Item 10.24, all lettering shall
face the lot to which the monument belongs.
10.20 No person shall place more than one marker on each grave.
10.21 All monuments must be of granite or marble.
10.22 Markers shall not exceed 60cm by 30cm on the surface and
must be placed on a concrete foundation.
10.23 A monument shall not be erected on any lot until all
outstanding charges have been paid.
10.24 No lettering
permitted on
opposite lot.
other than the family name,
the back side of the monument
shall
facing
be
an
10.25 No person shall remove, inscribe or clean any monument,
gravestone or memorial of any kind without first
obtaining permission from the Superintendent and without
first producing a letter in writing from the certificate
of interment rights holder giving permission and a full
description of the work proposed.
10.26 Cleaning or restorative procedures undertaken by a party
other than the Town must first have approval of the Town.
to ensure the techniques used are acceptable and wi thin
the guidelines of the Cemeteries Act.
11 . 0 MISCELLANEOUS
11.1 Anyone found contravening any prov~s~on of of this by-law
shall be guilty of an offence and shall be liable upon
conviction to a penalty not exceeding five thousand
($5,000.00) dollars, exclusive of costs, under the
Provincial Offences Act.
11.2 That By-Law Number 1989-26 be and the same hereby
repealed.
11.3 That this by-law shall come into full force and effect
upon written approval of the Minister of Consumer and
Commercial Relations.
11.4 The short name for this By-Law shall be the "Kincardine
Cemetery By-Law, 1992".
. .10/
.
.
Kincardine cemetery By-Law
Page 10
11.5 That By-Law 1992-77 passed on the 17th day of September
1992 is hereby, be and the same repealed.
READ a FIRST and SECOND time this 4th day of February, 1993.
READ a THIRD time and FINALLY
June, 1993.
$4.m~
Mayor
of
k
® Ontario
File No. 208
Réglementation des cimetières
5' étage
555 rue Yange
Toronto ON M7 A 2H6
Téléphone: (416) 326-8392
Tél§~,,"-,I!!:: (416) 326-8406
..~-:.
Ministry of
Consumer and
Commercial Relations
December 23, 1993
Ministère de
la Consommation
et du Commerce
Cemeteries Regulation
5th Floor
555 Yonge Street
Toronto ON M7A 2H6
Tel: (416) 326-8392
Fax: (416) 326·8406
.
Laura Haight
Deputy Clerk
Town of Kincardine
707 Queen Street
Kincardine, Ontario
N2Z 1Z9
.\
Kin rdine
'j
Re:/
Objet:
Cemetery
Cimitière
As requested in your application dated Julv 20. 1993
we return herewith the documents approved or filed.
They form an Important part of the records of the
cemetery and should be kept safely and available for
public examination by your officer responsible for
administration.
Conformément à votre demande du
nous vous renvoyons sous ce pli les documents
approuvés ou c/assés. lis constituent une partie
importante des dossiers du cimitière et devarient être
conservès dans un endroit sOr oD votre agent chargé
de I'administration purra les consulter publiquement.
Enclosed are the number of copies shown in the items checked/
Voici Ie nombre de copies des documents vérifiés
./
of By-Law No. /règlement no
overall plans/plans d'ensembie
sectional plans of section/coupes de la section
construction plans of/plans de construction d
crypt or niche numbering plans for
plans numérotage des cryptes au des niches d
sales agreement or contract or receipt/contrats de vente ou reçu
rules and regulations/règlements
amendment to approved rules and regulations/amendments aux règlements approuvés
tariff of rates/barème des taux
Your~~~~t
cem~ B~ection des cimetières
For 8ranch Use Only
Reservé à la Direction:
Recorded in file and copy verified on/
Placé dans Ie dossier et copie vérifiée Ie
December 23
,1993 by/
par
05164{OB/93)