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Home My WebLink AboutBRU 96 025 abandoned cemeteries THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-25 . BEING A BY-LAW to establish rules and regulations for the operation of abandoned cemeteries with the Township of Bruce. WHEREAS the Township of Bruce is the owner of certain abandoned cemeteries located within the Township of Bruce. AND WHEREAS the Township of Bruce is maintenance and control of certain abandoned Township of Bruce. responsible for cemeteries within the the AND WHEREAS the Township of Bruce is in the process of making the necessary court application to declare certain cemeteries located within the Township of Bruce to be abandoned. AND WHEREAS pursuant to the Cemeteries Act (revised), R.S.O. 1990, Chapter C. 4, Section 50(2), an owner of a cemetery may make by- laws effecting the operation of the cemetery. AND WHEREAS these abandoned cemeteries have been inactive for many years and there is no record of previous burial s, location of remains or evidence of rights for future burials. AND WHEREAS on the advice and recommendation of the Cemetery Committee for the Township of Bruce, it is desirous to establish rules, regulations and policy for the future use of these cemeteries. NOW THEREFORE be it enacted and it is hereby enacted by the Council of the Township of Bruce as follows: APPLICATION OF BY-LAW 1. This by-law shall apply to all those cemeteries described as Schedules "A" and "B" attached to and forming part of this by- law. EFFECTIVE DATE 2. This by-law shall be in full force and effect with respect to those cemeteries described in schedul e "A" on the date it receives final reading and is passed by the Council of the Township of Bruce. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-25 PAGE 2 . 3. This by-law shall be in full force and effect with respect to those cemeteries described in Schedule "B", on the date it receives final reading and is passed by the Council of the Township of Bruce and upon the date of the registration of an order of the Ontario Court (General Division) pursuant to section 60 of the Cemeteries Act (revised) declaring those cemeteries described in Schedule "B", to be abandoned. INTERMENT REGULATIONS 4. Interment of human remains and the sal e of plots, in the cemeteries described in Schedules "A" and "B" to this by-law are prohibited subject to the provisions of this by-law. 5. Interment in those cemeteries described in Schedules "A" and "B" may be considered by the Cemetery Commi t tee of the Township of Bruce as established from time to time by the Council of the Township of Bruce or by such other body as may be established for the purpose of operating cemeteries under the control and jurisdiction of the Township of Bruce, and shall be referred to as the approving authority. 6. Any application for interment in those cemeteries described in Schedul es "A" and "B" attached wi II be considered on the basis of the following policies: (a) The applicant shall provide satisfactory proof that there was an original right to interment in a plot located in the specified cemetery and such right was originally issued to or val idl y assigned to the deceased whose remains are to be interred. . (b) The applicant shall provide satisfactory proof that he! she has the legal authori ty as the personal representative of the deceased, to make such application for interment. (c) The approving authority shall receive evidence that the plot specified for the vacant. satisfactory interment is (d) The approving authority shall receive satisfactory evidence that the proposed interment wi II not disturb the remains or markers of those bodies previously interred in the cemetery. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-25 PAGE 3 (e) The applicant enters into an indemnification agreement with the Township of Bruce for complete indemnity of any damages or liability which might arise from the proposed interment. (f) The applicant provides sufficient proof that satisfactory arrangements have been made for all services required to open and close the grave and the payment of all expenses associated with such services. 7. The approving authority may request such further and other evidence, proof or documenta tion inc I uding proof of prepayment of expenses, as may be reasonably required to comply with the policies established in this by-law. 8. The approving authority may impose as a condition of approval of interment, the requirement that a person authorized by the Township of Bruce be present to witness and inspect the opening and closing of the grave and that the cost of such inspection be paid in advance to the Township of Bruce in an amount as may be established by the Council of the Township of Bruce from time to time as part of its general fee setting procedure. 9. No interment passed at a authority. shall duly proceed until approved by a resolution constituted meeting of the approving 10. Notwithstanding the provisions of this by-law, all applicants for interment in the cemeteries described in Schedules "A" and "B" shall be required to comply with the requirements for interment as may be imposed from time to time by the Cemeteries Act (revised) and regulations thereto as amended. -. By-law introduced and read a First time this EIGHTH day of OCTOBER, 1996. By-law read a Second time this EIGHTH day of OCTOBER, 1996. By-law read a Third time and finally passed, signed, sealed and numbered 96-25 this EIGHTH day of OCTOBER, 1996. "--~ [" c:_. U-tr- . CLERK ~~4 REEVE ., ' SEAL THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-25 (SCHEDULE "A") PAGE 4 ABANDONED CEMETERIES WHICH ARE PRESENTLY UNDER THE CONTROL, OWNERSHIP OR JURISDICTION OF THE CORPORATION OF THE TOWNSHIP OF BRUCE fÐ\HE œ ~ LOCATIæ OF ~ Evangelical United Part Lot 11, Conc. 4 Brethren Cemetery Bruce Township Port Bruce Cemetery Part Lot D, Cone. 7 (Abandoned Portion) Bruce Township also known as Baie Du Dare Cemetery Queen Hi 11 Cemetery Part Lot 18, Conc. 14 (East & South Portion) Bruce Township Willow Creek Cemetery Part Lot 23, Cone. 5 also known as Bruce Township Wrightson Cemetery or Shiloh Church Cemetery Evans Cemetery Part Lot 31, Conc. 2 Bruce Township . BY-LIIW l\D'mORIZATION <XIiFIRKING QfflERSHIP AND~ By-law No. 89-18 (March 28, 1989) By-law No. 89-18 (March 28, 1989) By-law No. 89-18 (March 28, 1989) By-law No. 89-18 (March 28, 1989) By-law No. 90-23 (August 14, 1990) - Maintenance Only Schedule "A' This is Schedule . f-I" to ~Y-Iaw No. ql..-:::'!'. passed t.l'S 'iI~¡"dsy af~"" 18~ ~~ ~ THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-25 (SCHEDULE "B") PAGE 5 . ABANDONED CEMETERIES WHICH ARE SUBJECT OF APPLICATIONS TO ONTARIO COURT (GENERAL DIVISION) FOR DECLARATIONS OF ABANDONMENT fÐ\HE œ CEMETERY LOCATIæ OF CEMETERY BY-LIIW l\IJTHORIZATION <XIiFIRMING QfflERSHIP AND ABANDONMEm Thede Cemetery Part Lot 24, Conc. 14 Bruce Township Harry E. Thede McKay Cemetery Part Lot 34, Conc. 2 Bruce Township James & Eleanor Tharpson Schedule . f\" This Is Schedule "R" to By-law No. cu.._.:\o., po E ad th,s '1141.. day of· C'I~k_.. ." =- ~f4 ...... ~·L_