HomeMy WebLinkAbout20 096 Municipality of Kincardine Cemeteries (2020) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
BY-LAW NO. 2020 - 096
BEING A BY-LAW TO ESTABLISH THE RULES AND REGULATIONS FOR
CEMETERIES OPERATED BY THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, as amended,
Sections 8 (1) and 9 provide that the powers of a Municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the Mc\\WQW^OZWbgla OPWZWbg b\] `Sa^\]\\R to municipal
issues and that a Municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS The Corporation of the Municipality of Kincardine is the owner
of certain lands within the Municipality of Kincardine and has designated such
lands as the Kincardine Cemetery, Tiverton Cemetery, and Port Bruce Cemetery;
AND WHEREAS Part III of the Funeral, Burial and Cremation Services Act, S.O.
2002, Chapter 33 sets out the prohibitions and general duties of cemetery
owners and operators;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine enacts as follows:
1.0 DEFINITIONS
In this by-law:
1.1 ACT j shall mean the Funeral, Burial and Cremation Services Act,
S.O. 2002, Chapter 33 as amended from time to time and
associated regulations.
1.2BURIAL GRAVE LOTjshall mean any in-ground burial space
intended for the interment of an adult, child, or cremated human
remains.
1.3 CARE AND MAINTENANCE FUNDS j shall mean those funds in
which all money received for the care and maintenance of the
cemeteries 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.
1.4 CEMETERIES j shall mean the Kincardine Cemetery being
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Town of Kincardine; the Tiverton Cemetery in the former Village of
Tiverton and being composed of Part Lot 56, Plan 123, Part Lots 57
and 59, Plan 123, King Street west; and the Port Bruce Cemetery in
the former Township of Bruce being composed of Part Lot E,
Concession 7. Other Municipal Cemeteries active and inactive are
attached as Schedule k:l&
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Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
1.5 CERTIFICATE OF INTERMENT RIGHTS jShall mean the
certificate issued by the Municipality to the interment rights holder
to a grave lot orniche Oa ^`SaQ`WPSR Oa FQVSRcZS k8lto this by-law.
1.6 CERTIFICATE OF INTERMENT RIGHTS HOLDER j shall mean
the person who holds the interment rights with respect to a lot
whether the person be the purchaser of the rights, the person
named in the certificate of interment or such other person to who
the interment rights have been assigned.
1.7 COLUMBARIUM j shall mean a structure designed for the purpose
of interring cremated human remains in compartments. A
compartment is referred to as a Niche.
1.8 CONTRACT j shall mean the R\]Qc\[S\\b Oa aV\]e\\ Oa FQVSRcZS k7l
to this by-law.
1.9 COUNCIL j shall mean the Council of The Corporation of the
Municipality of Kincardine.
1.10 INFORMATION RECORD j shall mean the document as shown as
Schedule k9l to this by-law.
1.11 INTER j shall mean the burial of human remains and includes the
placing of human remains in a grave or Niche.
1.12 INTERMENT RIGHTS j shall mean the right to require or direct the
interment of human remains in a grave or Niche.
1.13 MARKER j shall mean any permanent memorial structure of
granite or marble or bronze set flush with the ground and used to
mark the location of a grave.
1.14 MONUMENT j shall mean any permanent memorial structure of
granite or marble projecting above ground level and used to mark
the location of a grave.
1.15 MONUMENT ROW j shall mean the central area in a block of lots
designated for monument placement in the new section of the
Tiverton Cemetery.
1.16 MUNICIPALITY j shall mean The Corporation of The Municipality
of Kincardine.
1.17 NICHE j shall mean a compartment in a Columbarium which holds
remains of ashes.
1.18 BEREAVEMENT AUTHORITY OF ONTARIO j a delegated
Administrative Authority under the Ministry of Government and
Consumer Services
1.19 PLOT j shall mean a parcel of land containing two or more burial
graves to which interment rights have been sold as a unit.
1.20 REGISTRAR j shall mean the Registrar appointed under Section 3
of the Act.
1.21 SUPERINTENDENT(S) j shall mean those persons appointed by
the Municipality who are charged with the management of the
cemeteries and/or their designate.
1.22 TREASURER j shall mean the Treasurer/Director of Finance for
The Corporation of the Municipality of Kincardine.
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Municipality of Kincardine Cemeteries (2020) By-law
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1.23 VAULT j shall mean a non-deteriorating vessel with a one piece
self-sealing top.
2.0 ADMINISTRATION
2.1 The cemeteries shall be governed by the terms of this by-law and
the Act, as amended from time to time and associated regulations.
2.2 The Public Works Department shall record all sales of interment
rights.
2.3 The Treasurer for the Municipality shall be the Treasurer for the
cemeteries and shall be responsible for the proper receipt,
disbursement and recording of all cemetery funds in accordance
with Municipal and Provincial Policy as well as general accounting
rules and principles.
2.4 All monies received for the care and maintenance of burial graves
or Niches shall be placed in a trust fund in a chartered bank; such
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9c\\Rn `STS``SR b\] W\\ bVWa Pg-law as the m6Ore and Maintenance
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accordance with Municipal policy.
2.5 All interest and investment income received from the Care and
Maintenance Fund shall be directed toward the ordinary expense of
maintenance and improvement of the cemeteries, pursuant to
Section 53, Subsection (4) of the Act.
2.6 It shall be the duty of the Superintendent(s) to supervise all work in
connection with the cemeteries.
2.7 The Superintendent(s) shall submit to the Office of the Director of
Public Works any information requested by the Director of Public
Works.
2.8 The Superintendent(s) shall take complete charge of all workers in
the cemeteries and be responsible for their conduct.
2.9 The Superintendent(s) shall be present at all funerals in order to
ensure that the proper arrangements are being provided by the
cemetery.
2.10 The Clerk is authorized to sign the contract "FQVSRcZS k7l) for
purchase of interment rights on behalf of the Municipality.
3.0 RULES FOR INTERMENT RIGHTS HOLDERS
3.1 No person other than the Superintendent(s) shall remove any sod
or in any other way change the surface of any burial gravesin the
cemeteries.
3.2No person shall plant trees, flower beds or shrubs in the cemeteries
except with the approval of the Superintendent(s)and any trees or
shrubs now on burial graveswhich become, by means of their roots
or branches or in any other way, detrimental to the adjacent burial
graves, drains, roads or walks, or prejudicial to the general
appearance of the grounds or inconvenient to the public, the
Superintendent(s)may remove such trees or shrubs or parts
thereof, but ninety (90) days prior to said removal, the
Superintendent(s)shall contact the interment rights holder in writing
at his/her last recorded address in the QS\[SbS`WSal records and
provide the interment rights holder with the opportunity to make
adjustments to rectify the problem, the cost of which is to be
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Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
assumed by the interment rights holder. Trees and shrubs shall be
of an ornamental nature.
3.3Flowers placed on a grave at a funeral shall be removed by the
Superintendent(s) after a reasonable time to protect the sod and
maintain a neat appearance of the cemeteries.
3.4 No interment rights holder or other person shall place any
monument, marker, inscription, etc., on any burial grave or plot until
all charges have been paid.
3.5 No interment rights holder or other person shall erect or place any
enclosures of iron, wire, concrete or other materials on or around
any burial grave.
3.6 No 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
stth
burial grave except from November 1
until the following April 15
when one metal holder or stand for a winter wreath may be used,
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but shall be removed by April 15 or be subject to removal and
disposal by the Superintendent(s).
4.0 SALE OF INTERMENT RIGHTS
4.1Interment rights shall be sold according to theexisting plans of the
various divisions and sections as approved by the Ministry of
Consumer Services and as to future plans approved as new
sections are opened, at a scale of prices as set forth by Council.
4.2 Interment rights holders acquire only the right and privilege of burial
of the dead and of constructing monuments, or markers, subject to
the rules and regulations in force and approved by the Ministry of
Consumer Services.
4.3 The Mayor and Clerk, on payment of the sale price of interment
rights, shall issue a Certificate of Interment Rights "FQVSRcZS k8l)
c^\]\\ eVWQV aVOZZ PS OTTWfSR bVS @c\\WQW^OZWbgla corporate seal.
4.4 Each interment rights holder shall abide by all the existing rules of
the cemeteries and any rules and regulations which may hereafter
be enacted by the Municipality and approved by the Registrar.
4.5 Care and maintenance shall be included in the purchase of
interment rights.
4.6 Direction from interment rights holders shall be taken jointly or
severally.
4.7 Resale of interment rights to a third party is prohibited.
4.8 The interment rights holder may cancel the contract under which
the rights were purchased, before they are used, by giving the
Municipality written notice of the cancellation. The Municipality will
repurchase the interment rights within thirty (30) days after
receiving the request. The repurchase price of the interment rights
shall be based on the current Municipality of Kincardine Rates and
Fees By-law, deducting the Care and Maintenance Fund
contribution made at the time of purchase and such other amount
as established by the Act.
All monies received by the Municipality will be refunded for unused
interment rights if cancellation occurs within 30 days of entering the
contract.
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4.9 The Municipality is not required to repurchase unused interment
rights in a plot (more than one lot) if any of the interment rights in
the plot has been exercised.
4.10 In case of transmission of ownership by will or bequest of a lot, the
Municipality reserves the right to require evidence sufficient to
prove ownership.
4.11 The Municipality reserves the right to require an archeological
assessment to satisfy that a burial grave is available for interment
at the interment rights holderlaexpense.
4.12 Contracts for purchase of interment rights must be signed and paid
in full prior to the issuance by the Municipality of a Certificate of
Interment Rights.
5.0 TRANSFER OF INTERMENT RIGHTS
5.1 In case of transmission of ownership by will or bequest of a lot, the
Municipality reserves the right to require evidence sufficient to
prove ownership.
5.2The Municipality reserves the right to require an archeological
assessment to satisfy that a burial grave is available for interment
at the interment `WUVba V\]ZRS`la Sf^S\\aS&
5.3 If an interment rights holder wishes to transfer interment rights to
another person, without payment or other monetary consideration,
the interment rights holder shall submit payment of the transfer of
ownership fee along with a written notice to the Municipality
requesting the transfer and identifying the name and contact
information of the person acquiring the rights and any other
information necessary to complete the public registry.
5.4 The interment rights holder who transfers the rights shall disclose to
the person acquiring the interment rights the same information, with
necessary modifications, as the Municipality is required to disclose
to the interment rights holder.
5.5 The transfer only becomes effective upon notification from the
Municipality.
5.6 Applications for the transfer of interment rights will be subject to
such policies that may be established by the Municipality from time
to time.
6.0 INTERMENT OR DISINTERMENT
6.1 Whenever an interment is to be made, the interment rights holder or
his/her agent shall give written notice to the Superintendent(s) at
least forty-eight (48) hours in advance givingall the particulars as to
location and size of case. The Municipality shall not be responsible
for having burial graves prepared for funerals unless such notice is
given.
6.2 Winter storage is provided in the interment charges for the
cemetery as set out in the current Municipality of Kincardine Rates
and Fees By-law if required.
6.3 No interment or disinterment shall be made by the Municipality
without satisfactory proof of interment rights being first produced.
6.4 The interment rights holder or his/her agent must present a burial
permit issued by the Division Registrar, to the Superintendent(s) in
attendance at the burial grave before an interment will be permitted.
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6.5 No interment or disinterment shall take place unless all applicable
interment charges and fees are paid.
6.6No person, other than an employee or agent of the Municipality
shall open any burial grave for the purpose of burial or removal.
6.7 Burials will only take place if weather conditions permit and with the
approval of the Superintendent(s).
6.8 The Municipality assumes no responsibility for damages should
burial lot 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.
6.9 The interment rights holder or the agent of an interment rights
holder shall arrange to arrive at the cemetery no later than 3:00
p.m. in order that the burial may be completed within the regular
hours of work. Burials conducted outside of regular municipal work
hours will result in an extra charge as set out in the current
Municipality of Kincardine Rates and Fees By-law. If it is an agent,
they must provide authority to act on behalf of the internment rights
holder in writing or otherwise acceptable by the Superintendent(s).
6.10 There shall be one (1) interment per burial grave except cremated
remains, four (4) of which may be placed above the original burial
where permission has been granted by the interment rights holder.
6.11 The maximum interment for each burial grave shall be one (1)
human remains and four (4) cremated remains or four (4) cremated
remains.
6.12 The maximum interment for each cremation burial grave shall be
two (2) cremated remains. Maximum interments for cremated
remains into a Columbarium Niche is three (3). The Niche must
have the ability to accommodate three urns (3) and is dependent
upon the urn size and must be approved by the Superintendent(s).
6.13 Each burial grave shall be at least 1.75 metres deep.
6.14 The Municipality reserves the right to determine the number of
grave openings that may be made in any burial grave resulting from
the limitations imposed on the lot by use of oversized shells or
vaults.
6.15 The Municipality limits its responsibility to the interment rights
holder for lots that may unknowingly contain burials or cremations
to that of transferring a replacement lot to the interment rights
holder within the same cemetery.
6.16 No 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 Act. The interment rights holder shall assume
any costs involved.
6.17 All fees for interment, disinterment, burial grave sale, monument
maintenance, care and maintenance or any other fee charged by
the cemeteries shall be outlined in the Municipality of Kincardine
Rates and Fees By-law.
6.18 It is strongly recommended that a burial vault and cremation vault
be used for all interments.
7.0 CARE OF BURIAL GRAVES
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7.1 All burial graves in the cemeteries shall be cared for by the
Superintendent(s) and shall include the mowing of grass, clipping
around monuments and refilling sunken burial graves only.
8.0 RULES FOR VISITORS
8.1 The cemeteries are 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 cemeteries by way of the roads and
paths only and shall not walk or drive over the burial graves of
others.
8.4 Children under twelve (12) years of age must be accompanied by
an adult who shall remain in close contact with them and shall be
responsible for their actions.
8.5 No person shall pick any flower or disturb any tree, shrub or plant
within the cemeteries and shall not deface any monument, fence or
other structure in or belonging to the cemeteries.
8.6 No person shall remove any flower or plant container or other
object from a cemetery plot without receiving permission from the
Superintendent(s) to do so.
8.7 No person shall carry or discharge firearms within the cemeteriesl
grounds except where used for the firing of volleys at a burial.
8.8 No person shall permit any animal of which they are the
owner/handler, including dogs, to enter or remain in the cemeteries;
except on municipal trails located within the boundaries of the
cemetery. Service animals are exempt.
8.9 No person shall use the cemeteries for the purposes of a picnic,
party or other large assembly.
8.10 When a society or association desires to hold a memorial service,
they shall make application to do so to the Director of Public Works
at least fifteen (15) days prior to the desired date and a permit shall
be granted at the approval of the Director of Public Works. The
association or society securing the permit shall be responsible for
any damage done to property in the cemetery.
8.11 No person shall enter or leave the cemeteries except through an
established access points, nor shall they enter or be within any
cemetery after 7 p.m. and before 6 a.m. October 1 to March 31, or
after 9 p.m. and before 6 a.m., April 1 to September 30.
Authorized Municipal staff and lawenforcement agents are exempt.
8.12 Any complaints by interment rights holders should be made at the
Municipal Office. Controversies with workers or others on the
grounds are to be avoided.
9.0 RULES FOR VEHICLES
9.1TheSuperintendent(s) reserves the right to close the roads of the
cemeteries at any time to vehicular traffic, due to maintenance,
adverse weather conditions or when such traffic might substantially
interfere with a committal service in progress.
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9.2 The drivers ofall vehicles entering the cemeteries shall obey the
instructions of the Superintendent(s), 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 ten (10) kilometers 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 heldresponsible
for any damage done by them.
9.5 No person shall operate off road motorized vehicles, such as dirt
bikes, all terrain vehicles or snowmobiles, within the cemeteries.
10.0 RULES FOR MONUMENT DEALERS, CONTRACTORS AND
SUPPLIERS
10.1 Monument dealers, contractors and suppliers shall remove all
implements or materials used in doing any work within the
cemeteries without delay and if this is not done, the
Superintendent(s)may remove same.
10.2 No monument dealers, contractors and suppliers shall enter the
cemeteries without first informing the Superintendent(s) of the work
which is to be performed.
10.3 No monument dealers, contractors and suppliers shall enter the
cemeteries in the evenings, Saturdays, Sundays or statutory
holidays, unless by special permission of the Superintendent(s).
10.4 The Municipality shall not be responsible for loss or damage to any
portable articles left upon any burial grave lot.
10.5 Monument dealers, contractors and suppliers shall lay planks on
the burial grave lots and paths over which heavy materials are to be
moved, in order to protect the surface from injury.
10.6 Any monument dealer, contractor or supplier who damages any
burial lot, monument, marker or other structure or otherwise does
any injury in the cemeteries shall be personally responsible for such
damage or injury.
11.0 MONUMENTS AND MARKERS
11.1The safety of all monuments will be the responsibility of the
Municipality.
11.2 No person shall erect a monument or marker on any burial grave
until all outstanding charges have been paid.
11.3 No person shall inscribe a monument except for the surname of the
interment rights holder shall be inscribed in the rear side of a
monument, unless owned by the same interment rights holder.
11.4 Monuments, markers or other structures or any inscriptions must, in
the opinion of Council, be in keeping with the dignity and decorum
of the Cemetery.
11.5 No monument shall cover more than ten (10) percent of the total
area of the burial grave or burial grave on which it is erected.
11.6 No monument will exceed one hundred and twenty (120)
centimetres in height, from ground level to the top of the monument.
Page 9 of 18
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11.7 Any slabs or markers used shall be placed flat and sunk into the
ground so that the upper surface shall be level with the sod.
11.8All monuments must be of granite or marble.
11.9 Stones and monuments shall be free from visible defects with
respect to quality or endurance.
11.10 All bases of monuments must be level on the bottom, and the
stonework next to the foundation shall have the surface squared,
so as to allow full bearing upon the foundation; and no building
up or underpinning with chips will be allowed. Cleaning or
restorative procedures undertaken by a party other than the
Municipality must first have the approval of the Municipality to
ensure the techniques used are acceptable and within the
guidelines of the Act.
11.11 The size of the base of the monument and the location of the
monument on the foundation shall be approved by the
Superintendent(s) prior to installation.
11.12 A marker shall be attached to the base so that a uniform border
six (6) centimetres wide is shown on all sides. The marker shall
be attached securely by four (4) or more fasteners to a concrete,
granite or natural stone base or place in a concrete slab that is
not less than nine (9) centimetres and not more than thirteen (13)
centimetres thickness.
11.13 No person shall remove, inscribe or clean any monument,
gravestone or memorial of any kind without obtaining permission
from the Superintendent(s) and without first producing a letter in
writing from the interment rights holder giving permission and a
full description of the work proposed.
11.14 Columbarium granite niche plates being 12 inches x 12 inches
and 14 inches x 14 inches shall be engraved with all inscriptions
being consistent and by approval of the Superintendent(s).
11.15 In accordance with Part VI of the Act, a prescribed amount shall
be paid into the Care and Maintenance Fund of the cemeteries
upon the installation of a marker. The prescribed fees are set in
the Municipality of Kincardine Rates and Fees By-law.
11.16 In accordance with O. Reg. 30/11, s. 159 (1) of the Act , if a
marker or monument in the cemetery presents a risk to public
safety because it is unstable, the Municipality shall do whatever
is necessary by way of repairing, resetting or laying down so as
to remove the risk.
11.17 No person shall drive a vehicle in the cemeteries when the roads
are blocked off by barriers.
11.18 Port Bruce Cemetery Monuments and Markers j see Schedule
k4l&
11.19 Tiverton Cemetery Monuments and Markers j see FQVSRcZS k5l&
11.20 Kincardine Cemetery Monuments and Markers j see Schedule
k6l&
12.0MISCELLANEOUS
12.1 Structural gifts, such as benches, birdbaths, and sundials as
donations or elements in a donated area, must be approved by
the Superintendent(s) and become property of the Municipality.
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They cannot be removed, painted or adjusted in any way orform
by individuals. They are located at the approval of the
Superintendent(s), although every effort is made to
accommodate the request of the donor. The donation is
recognized for the natural lifetime of the plant or item. At its
expiration, any plaques will remain displayed on cemetery
property.
12.2 Anyone found contravening any provision 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.
12.3 That By-law No. 2017 - 092 be repealed effective on the date this
by-law is approved by the Registrar as provided by the Act.
12.4 That this by-law shall come into full force and effect upon written
approval of the Registrar.
12.5This by-lae \[Og PS QWbSR Oa bVS m@c\\WQW^OZWbg \]T >W\\QO`RW\\S
Cemeteries (2020) By-ZOen&
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READ a FIRST and SECOND TIME this 6 day of July, 2020.
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READ a THIRD TIME and FINALLY PASSED this 6 day of July, 2020.
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Mayor Clerk
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By-law No. 2020 - 096
?1632A93 Y/Z
MONUMENTS AND MARKERS (PORT BRUCE)
1. All monuments shall be placed on the foundations provided for regular or
cremation burials.
2. Footstones and corner markers will not be permitted.
3. All markers shall be of bronze, mounted on a base set flush with the
ground or shall be of granite set flush with the ground.
4. Only one marker will be permitted on each cremation lot.
5. No marker for a cremation lot shall exceed seventy-six (76) centimeters in
length and fifty-one (51) centimeters in width.
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?1632A93 Y0Z
MONUMENTS AND MARKERS (TIVERTON NEW SECTION)
1. All foundations for monuments and markers shall be constructed by
municipal staff or contractors with qualifications acceptable to the
Municipality. Monument foundations shall be constructed to a depth of at
least one and one-half (1.5) meters and the excavation shall be inspected
by the Superintendent(s), before the monument or marker is placed on the
foundation.
2. Markers shall not exceed sixty (60) centimeters by thirty (30) centimeters
on the surface and must be placed levelwith the grade of the adjoining
land, subject to the slope as allowed in this schedule.
3. Placement of monuments in the new section shall be as follows:
3.1
Monuments must face the paths and line up in the centre of a block of lots
as shown. If interment rights are held for burial graves A and B and they
are intended to be used as a single grave (plot), the monument will face
the East Path on Grave A. If interment rights are held for burial graves C
and D and they are intended to be used as a single grave, the monument
will face the West Path in Grave D.
West Path
DC
B A
East Path
3.2If intermentrights are held for burial graves A, B, C and D within
the same block, one family monument may beplaced in the center
of the block of gravesin line with the monument row. The
monument may not exceed one hundred and twenty (120)
centimeters in width or height.
Monument Row West Path
DC
BA
East Path
All monuments will face the East Path. If a grave is owned the monuments (D or
C) will be centred over the grave, if two graves are owned (A & B)
the monument is centred over both graves.
3.3 If interment rights are held for a single burial lot the marker may be
placed as close as feasible to the monument row and the
inscription must face the direction of the nearest path. The marker
may be no more than eight (8) centimeters in height at the back
and may be angled to the front of the marker, provided that the
front of the marker is not less than two and one half (2.5)
centimeters in height at the front of the marker. The total size of the
monument or marker including the base is not to exceed forty-six
(46) centimeters by sixty (60) centimeters.
4. The base of the monument shall not exceed more than sixty (60)
centimeters in width on the burial lot or lots on which it is erected.
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MONUMENTS AND MARKERS (KINCARDINE)
1.Foundations of monuments and markers shall extend not less than one
metre below the surface of the found, shall be level on top and
constructed of concrete by the Cemetery Superintendents.
2. The dimensions and particulars of the required foundation of the
monument shall be submitted to the Superintendent(s) before the erection
or placing of the monument, so that the foundation may be properly
constructed.
3. No person shall erect more than one monument on each lot.
4. Markers shall not exceed sixty (60) centimetres by thirty (30) centimetres
on the surface and must be placed level with the ground.
5. In the cremation section in the Kincardine Cemetery only flat markers fifty-
six (56) centimetres by forty-one (41) centimetres, constructed of marble,
granite, or bronze set flush with the ground and protruding no more that
three centimetres above the contour of the ground, will be permitted.
Further, no artificial flowers shall be permitted in the cremation section.
6. No person shall place more than one marker on each lot in the cremation
section of the Kincardine Cemetery.
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The Corporation of the Municipality of Kincardine
Contract for Purchase of Interment Rights or Cemetery Supplies or Services
For the _________________ Cemetery
Owner of Cemetery j The Corporation of the Municipality of Kincardine
Address of Owner j 1475 Concession 5, RR 5 Kincardine Ontario N2Z 2X6
Cc`QVOaS`la AO\[S "a# ___________________________________
___________________________________
Cc`QVOaS`la 4RR`Saa ___________________________________
___________________________________
___________________________________
Burial Lot Description ___________________________________
Date of Purchase ___________________________________
(Day / Month / Year)
Personal information contained on this form is collected under the authority of the Funeral, Burial
and Cremation Services Act, S.O. 2002, Chapter 33 and will be used to determine eligibility of the
sale of interment rights or cemetery supplies or services. Questions about this collection should
be directed to the Clerk, Municipality of Kincardine, 1475 Concession 5, RR 5 Kincardine Ontario
N2Z 2X6. Telephone: (519) 396-3468
Conditions of Contract
Purchase Price $__________ plus HST
Percentage of purchase price is set aside for care and maintenance fund - $________ plus HST.
The resale of interment rights to a third party is prohibited.
By-Law No. 2017 governs the operation of the cemetery and the exercise of interment rights
within the cemetery. A copy of by-law No. 2017 is attached for your information.
It should be noted that the by-law restricts the size and type of markers permitted within the
cemetery and the method of construction of small markers and regulates cemetery supplies and
services.
A certificate of interment rights will not be issued until the interment rights have been paid in full.
An interment rights holder may require by written demand, the owner to repurchase the rights at
any time before they are used. These rights will be repurchased within 30 days after receiving the
demand.
Applications for the transfer of interment rights will be subject to such policies that may be
established by the Municipality from time to time.
The repurchase price of the interment rights shall be based on the current Municipality of
Kincardine Rates and Fees By-law, deducting the Care and Maintenance Fund contribution made
at the time of purchase and such other amount as established by the Funeral, Burial and
Cremation Services Act, S.O. 2002, Chapter 33.
Upon request for interment the following must be provided:
Certificate of Interment Rights, Burial Permit or Certificate of Cremation and Information Record.
Receipt of a copy of this contract is acknowledged this ____ day of __________, 20___.
| The Corporation of the
| Municipality of Kincardine
|
| I have authority to bind the corporation.
|
|
__________________________ | __________________________
Signature of Purchaser Clerk
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__________________ Cemetery
$,.(%(#".$ +% *.$,)$*. !(&'.- Certificate Number
PURSUANT TO The Funeral, Burial andCremation Services Act, S.O. 2002, Chapter 33 and
Regulations and all amendments thereto
BETWEEN:
The Corporation of the Municipality of Kincardine and hereinafter called
PARTY OF THE FIRST PART
AND:
hereinafter called
PARTY OF THE SECOND PART
Persons to benefit from the rights granted by this certificate
The party of the second part:
_______________________________________________________
The spouse of the party of the second part:
___________________________________________
The following members of the family of the second part: (subject to availability of room in the lot)
1. __________________________ 2. __________________________
3. __________________________
In consideration of the sum of:
$ plus HST of which
$ is set aside in the Perpetual Care account
eVWQV Wa RS^\]aWbSR eWbV bVS @c\\WQW^OZWbgla G`SOac`S`$ bVS @unicipality agrees to assign to the party
of the Second Part the burial or interment rights in _________________ Cemetery for:
(Single Adult Lot: 9.00 x 3.00)
(Single Adult Lot: 9.00 x 3.00)
as shown on the approved plan of _____________Cemetery.
This indenture, made on _________, 20__.
The PARTY OF THE SECOND PART by the acceptance of this indenture indicates that the BY-
LAWS governing the operation of the cemetery have been received and read, and agrees to be
guided by the said
BY-LAWS as well as the provisions of the Funeral, Burial and Cremation Services Act, S.O. 2002,
Chapter 33 as if these were includes as part of this indenture.
THE PARTY OF THE SECOND PART agrees that in the event of transfer of said Interment Right
by purchaser, this Certificate cannot be transferred but will be returned to the Party of the First
Part who will issue a new Certificate to the Transferee.
With respect to the erection or installation of markers, The Party of the Second Part agrees to
abide by the By-Law of the ___________Cemetery, wherein restrictions on the erection or
installation of markers are given, by which By-Laws are attached hereto.
Applications for the transfer of interment rights will be subject to such policies that may be
established by the Municipality from time to time.
IN WITNESS WHEREOF The Corporation of the Municipality of Kincardine has caused its
corporate seal to be hereunto affixed by the hands of its proper signing officers this
___________, 20__.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
________________________ _______________________
Mayor Clerk
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INFORMATION RECORD
INTERMENTS
Name:_______________________________ Age:_______ Sex:________
Last Place of Residence:__________________________________________________
Date of Birth: ____________________ Place of Birth: _______________________
Date of Death:___________________ Place of Death: ______________________
?\]b Be\\S`la AO\[S2NNNNNNNNNNNNNNNNNNNNN Location:______________________
Type of Container: _______________________________________________________
Date of Interment: ______________________ Time: ________________________
FUNERAL HOME
Name: _______________________________ Address:______________________
Order Received By:_______________ From: _____________ Date:_______
NEXT OF KIN
Name: _______________________________ Relationship: __________________
Address:_______________________________________________________________
Telephone: ___________________________
PURCHASE OF BURIAL LOTS
Name: _______________________________
Address: _______________________________________________________________
Cemetery: ____________________________ Location:______________________
INTERMENTNEW LOTS
Charges ________________ New Lots ________________
Interment Fee ________________ P/C ________________
Weekend Chge ________________ GST ________________
HST ________________ Total ________________
Total ________________
Receipt # ________________ Receipt # ________________
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MUNICIPAL CEMETERIES
ROLL NO.NAME STATUS LOCATION
1 410826000604900 TIVERTON Active 45 KING ST
2 410821000218100 ARMOWMETHODISTInactive 777 CONCESSION 7
3 410822000100100 KINCARDINE Active 294 BRUCE AVE
4 410821000115200 BERVIE UNITED OLD METHODISTInactive 4895 HIGHWAY 9
5 410821000122900 BERVIE ANGLICANInactive 4896 HIGHWAY 9
CON 7 PT LOT D & PT
6 410826000210300 BAIE DE DORE (PORT BRUCE)Active LOT E RP 3R5974 PART 1
7 410826000324700 QUEEN HILL Inactive CON 14 PT LOT 18
8410826000210300PORT BRUCE CEMETERYInactiveLOT D, CONCESSION 7
9 410821000123201 BERVIE PRESBYTERIAN Inactive 4776 HIGHWAY 9
10 410826000119600 EVANGELICAL UNITED BRETHREN Inactive CON 4 N PT LOT 11
11 410826000126901 SHILOH COMMUNITY (OLD WILLOW CREEK) Inactive CON 5 PT LOT 23
12 410826000111200 EVANS CEMETERY Inactive LOT 31, CONCESSION 2
13 410826000325400 THEDE CEMETERY Inactive LOT 24 CONCESSION 14
14 410821000318800 PRESBYTERIAN CHURCH GLAMMIS Inactive CON 12 PT LOT 34
15 410826000111705 McKAY CEMETERY Inactive PT LOT 34 CONCESSION 2
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
K B T
' cit ttry a � 00
BY-LAW
BY-LAW NO. 2020 - 096
BEING A BY-LAW TO ESTABLISH THE RULES AND REGULATIONS FOR
CEMETERIES OPERATED BY THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, as amended,
Sections 8 (1) and 9 provide that the powers of a Municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the Municipality's ability to respond to municipal
issues and that a Municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS The Corporation of the Municipality of Kincardine is the owner
of certain lands within the Municipality of Kincardine and has designated such
lands as the Kincardine Cemetery, Tiverton Cemetery, and Port Bruce Cemetery;
AND WHEREAS Part III of the Funeral, Burial and Cremation Services Act, S.O.
2002, Chapter 33 sets out the prohibitions and general duties of cemetery
owners and operators;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine enacts as follows:
1.0 DEFINITIONS
In this by-law-
1.1 ACT — shall mean the Funeral, Burial and Cremation Services Act,
S.O. 2002, Chapter 33 as amended from time to time and
associated regulations.
1.2 BURIAL GRAVE LOT — shall mean any in-ground burial space
intended for the interment of an adult, child, or cremated human
remains.
1.3 CARE AND MAINTENANCE FUNDS — shall mean those funds in
which all money received for the care and maintenance of the
cemeteries 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.
1.4 CEMETERIES — shall mean the Kincardine Cemetery being
composed of Part of Lots "B" and "C", Concession "A" in the former
Town of Kincardine; the Tiverton Cemetery in the former Village of
Tiverton and being composed of Part Lot 56, Plan 123, Part Lots 57
and 59, Plan 123, King Street west; and the Port Bruce Cemetery in
the former Township of Bruce being composed of Part Lot E,
Concession 7. Other Municipal Cemeteries active and inactive are
attached as Schedule `G'.
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1.5 CERTIFICATE OF INTERMENT RIGHTS — Shall mean the
certificate issued by the Municipality to the interment rights holder
to a grave lot or niche as prescribed as Schedule `E' to this by-law.
1.6 CERTIFICATE OF INTERMENT RIGHTS HOLDER — shall mean
the person who holds the interment rights with respect to a lot
whether the person be the purchaser of the rights, the person
named in the certificate of interment or such other person to who
the interment rights have been assigned.
1.7 COLUMBARIUM — shall mean a structure designed for the purpose
of interring cremated human remains in compartments. A
compartment is referred to as a Niche.
1.8 CONTRACT — shall mean the document as shown as Schedule `D'
to this by-law.
1.9 COUNCIL — shall mean the Council of The Corporation of the
Municipality of Kincardine.
1.10 INFORMATION RECORD — shall mean the document as shown as
Schedule `F' to this by-law.
1.11 INTER — shall mean the burial of human remains and includes the
placing of human remains in a grave or Niche.
1.12 INTERMENT RIGHTS — shall mean the right to require or direct the
interment of human remains in a grave or Niche.
1.13 MARKER — shall mean any permanent memorial structure of
granite or marble or bronze set flush with the ground and used to
mark the location of a grave.
1.14 MONUMENT — shall mean any permanent memorial structure of
granite or marble projecting above ground level and used to mark
the location of a grave.
1.15 MONUMENT ROW — shall mean the central area in a block of lots
designated for monument placement in the new section of the
Tiverton Cemetery.
1.16 MUNICIPALITY — shall mean The Corporation of The Municipality
of Kincardine.
1.17 NICHE — shall mean a compartment in a Columbarium which holds
remains of ashes.
1.18 BEREAVEMENT AUTHORITY OF ONTARIO — a delegated
Administrative Authority under the Ministry of Government and
Consumer Services
1.19 PLOT — shall mean a parcel of land containing two or more burial
graves to which interment rights have been sold as a unit.
1.20 REGISTRAR — shall mean the Registrar appointed under Section 3
of the Act.
1.21 SUPERINTENDENT(S) — shall mean those persons appointed by
the Municipality who are charged with the management of the
cemeteries and/or their designate.
1.22 TREASURER — shall mean the Treasurer/Director of Finance for
The Corporation of the Municipality of Kincardine.
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1.23 VAULT — shall mean a non-deteriorating vessel with a one piece
self-sealing top.
2.0 ADMINISTRATION
2.1 The cemeteries shall be governed by the terms of this by-law and
the Act, as amended from time to time and associated regulations.
2.2 The Public Works Department shall record all sales of interment
rights.
2.3 The Treasurer for the Municipality shall be the Treasurer for the
cemeteries and shall be responsible for the proper receipt,
disbursement and recording of all cemetery funds in accordance
with Municipal and Provincial Policy as well as general accounting
rules and principles.
2.4 All monies received for the care and maintenance of burial graves
or Niches shall be placed in a trust fund in a chartered bank; such
account shall be known as the "Cemetery Care and Maintenance
Fund" referred to in this by-law as the "Care and Maintenance
Fund" and shall be invested from time to time by the Treasurer in
accordance with Municipal policy.
2.5 All interest and investment income received from the Care and
Maintenance Fund shall be directed toward the ordinary expense of
maintenance and improvement of the cemeteries, pursuant to
Section 53, Subsection (4) of the Act.
2.6 It shall be the duty of the Superintendent(s) to supervise all work in
connection with the cemeteries.
2.7 The Superintendent(s) shall submit to the Office of the Director of
Public Works any information requested by the Director of Public
Works.
2.8 The Superintendent(s) shall take complete charge of all workers in
the cemeteries and be responsible for their conduct.
2.9 The Superintendent(s) shall be present at all funerals in order to
ensure that the proper arrangements are being provided by the
cemetery.
2.10 The Clerk is authorized to sign the contract (Schedule `D') for
purchase of interment rights on behalf of the Municipality.
3.0 RULES FOR INTERMENT RIGHTS HOLDERS
3.1 No person other than the Superintendent(s) shall remove any sod
or in any other way change the surface of any burial graves in the
cemeteries.
3.2 No person shall plant trees, flower beds or shrubs in the cemeteries
except with the approval of the Superintendent(s) and any trees or
shrubs now on burial graves which become, by means of their roots
or branches or in any other way, detrimental to the adjacent burial
graves, drains, roads or walks, or prejudicial to the general
appearance of the grounds or inconvenient to the public, the
Superintendent(s) may remove such trees or shrubs or parts
thereof, but ninety (90) days prior to said removal, the
Superintendent(s) shall contact the interment rights holder in writing
at his/her last recorded address in the cemeteries' records and
provide the interment rights holder with the opportunity to make
adjustments to rectify the problem, the cost of which is to be
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assumed by the interment rights holder. Trees and shrubs shall be
of an ornamental nature.
3.3 Flowers placed on a grave at a funeral shall be removed by the
Superintendent(s) after a reasonable time to protect the sod and
maintain a neat appearance of the cemeteries.
3.4 No interment rights holder or other person shall place any
monument, marker, inscription, etc., on any burial grave or plot until
all charges have been paid.
3.5 No interment rights holder or other person shall erect or place any
enclosures of iron, wire, concrete or other materials on or around
any burial grave.
3.6 No 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
burial grave 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 15th or be subject to removal and
disposal by the Superintendent(s).
4.0 SALE OF INTERMENT RIGHTS
4.1 Interment rights shall be sold according to the existing plans of the
various divisions and sections as approved by the Ministry of
Consumer Services and as to future plans approved as new
sections are opened, at a scale of prices as set forth by Council.
4.2 Interment rights holders acquire only the right and privilege of burial
of the dead and of constructing monuments, or markers, subject to
the rules and regulations in force and approved by the Ministry of
Consumer Services.
4.3 The Mayor and Clerk, on payment of the sale price of interment
rights, shall issue a Certificate of Interment Rights (Schedule `E')
upon which shall be affixed the Municipality's corporate seal.
4.4 Each interment rights holder shall abide by all the existing rules of
the cemeteries and any rules and regulations which may hereafter
be enacted by the Municipality and approved by the Registrar.
4.5 Care and maintenance shall be included in the purchase of
interment rights.
4.6 Direction from interment rights holders shall be taken jointly or
severally.
4.7 Resale of interment rights to a third party is prohibited.
4.8 The interment rights holder may cancel the contract under which
the rights were purchased, before they are used, by giving the
Municipality written notice of the cancellation. The Municipality will
repurchase the interment rights within thirty (30) days after
receiving the request. The repurchase price of the interment rights
shall be based on the current Municipality of Kincardine Rates and
Fees By-law, deducting the Care and Maintenance Fund
contribution made at the time of purchase and such other amount
as established by the Act.
All monies received by the Municipality will be refunded for unused
interment rights if cancellation occurs within 30 days of entering the
contract.
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4.9 The Municipality is not required to repurchase unused interment
rights in a plot (more than one lot) if any of the interment rights in
the plot has been exercised.
4.10 In case of transmission of ownership by will or bequest of a lot, the
Municipality reserves the right to require evidence sufficient to
prove ownership.
4.11 The Municipality reserves the right to require an archeological
assessment to satisfy that a burial grave is available for interment
at the interment rights holder's expense.
4.12 Contracts for purchase of interment rights must be signed and paid
in full prior to the issuance by the Municipality of a Certificate of
Interment Rights.
5.0 TRANSFER OF INTERMENT RIGHTS
5.1 In case of transmission of ownership by will or bequest of a lot, the
Municipality reserves the right to require evidence sufficient to
prove ownership.
5.2 The Municipality reserves the right to require an archeological
assessment to satisfy that a burial grave is available for interment
at the interment rights holder's expense.
5.3 If an interment rights holder wishes to transfer interment rights to
another person, without payment or other monetary consideration,
the interment rights holder shall submit payment of the transfer of
ownership fee along with a written notice to the Municipality
requesting the transfer and identifying the name and contact
information of the person acquiring the rights and any other
information necessary to complete the public registry.
5.4 The interment rights holder who transfers the rights shall disclose to
the person acquiring the interment rights the same information, with
necessary modifications, as the Municipality is required to disclose
to the interment rights holder.
5.5 The transfer only becomes effective upon notification from the
Municipality.
5.6 Applications for the transfer of interment rights will be subject to
such policies that may be established by the Municipality from time
to time.
6.0 INTERMENT OR DISINTERMENT
6.1 Whenever an interment is to be made, the interment rights holder or
his/her agent shall give written notice to the Superintendent(s) at
least forty-eight (48) hours in advance giving all the particulars as to
location and size of case. The Municipality shall not be responsible
for having burial graves prepared for funerals unless such notice is
given.
6.2 Winter storage is provided in the interment charges for the
cemetery as set out in the current Municipality of Kincardine Rates
and Fees By-law if required.
6.3 No interment or disinterment shall be made by the Municipality
without satisfactory proof of interment rights being first produced.
6.4 The interment rights holder or his/her agent must present a burial
permit issued by the Division Registrar, to the Superintendent(s) in
attendance at the burial grave before an interment will be permitted.
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6.5 No interment or disinterment shall take place unless all applicable
interment charges and fees are paid.
6.6 No person, other than an employee or agent of the Municipality
shall open any burial grave for the purpose of burial or removal.
6.7 Burials will only take place if weather conditions permit and with the
approval of the Superintendent(s).
6.8 The Municipality assumes no responsibility for damages should
burial lot 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.
6.9 The interment rights holder or the agent of an interment rights
holder shall arrange to arrive at the cemetery no later than 3:00
p.m. in order that the burial may be completed within the regular
hours of work. Burials conducted outside of regular municipal work
hours will result in an extra charge as set out in the current
Municipality of Kincardine Rates and Fees By-law. If it is an agent,
they must provide authority to act on behalf of the internment rights
holder in writing or otherwise acceptable by the Superintendent(s).
6.10 There shall be one (1) interment per burial grave except cremated
remains, four (4) of which may be placed above the original burial
where permission has been granted by the interment rights holder.
6.11 The maximum interment for each burial grave shall be one (1)
human remains and four (4) cremated remains or four (4) cremated
remains.
6.12 The maximum interment for each cremation burial grave shall be
two (2) cremated remains. Maximum interments for cremated
remains into a Columbarium Niche is three (3). The Niche must
have the ability to accommodate three urns (3) and is dependent
upon the urn size and must be approved by the Superintendent(s).
6.13 Each burial grave shall be at least 1.75 metres deep.
6.14 The Municipality reserves the right to determine the number of
grave openings that may be made in any burial grave resulting from
the limitations imposed on the lot by use of oversized shells or
vaults.
6.15 The Municipality limits its responsibility to the interment rights
holder for lots that may unknowingly contain burials or cremations
to that of transferring a replacement lot to the interment rights
holder within the same cemetery.
6.16 No 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 Act. The interment rights holder shall assume
any costs involved.
6.17 All fees for interment, disinterment, burial grave sale, monument
maintenance, care and maintenance or any other fee charged by
the cemeteries shall be outlined in the Municipality of Kincardine
Rates and Fees By-law.
6.18 It is strongly recommended that a burial vault and cremation vault
be used for all interments.
7.0 CARE OF BURIAL GRAVES
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7.1 All burial graves in the cemeteries shall be cared for by the
Superintendent(s) and shall include the mowing of grass, clipping
around monuments and refilling sunken burial graves only.
8.0 RULES FOR VISITORS
8.1 The cemeteries are 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 cemeteries by way of the roads and
paths only and shall not walk or drive over the burial graves of
others.
8.4 Children under twelve (12) years of age must be accompanied by
an adult who shall remain in close contact with them and shall be
responsible for their actions.
8.5 No person shall pick any flower or disturb any tree, shrub or plant
within the cemeteries and shall not deface any monument, fence or
other structure in or belonging to the cemeteries.
8.6 No person shall remove any flower or plant container or other
object from a cemetery plot without receiving permission from the
Superintendent(s) to do so.
8.7 No person shall carry or discharge firearms within the cemeteries'
grounds except where used for the firing of volleys at a burial.
8.8 No person shall permit any animal of which they are the
owner/handler, including dogs, to enter or remain in the cemeteries;
except on municipal trails located within the boundaries of the
cemetery. Service animals are exempt.
8.9 No person shall use the cemeteries for the purposes of a picnic,
party or other large assembly.
8.10 When a society or association desires to hold a memorial service,
they shall make application to do so to the Director of Public Works
at least fifteen (15) days prior to the desired date and a permit shall
be granted at the approval of the Director of Public Works. The
association or society securing the permit shall be responsible for
any damage done to property in the cemetery.
8.11 No person shall enter or leave the cemeteries except through an
established access points, nor shall they enter or be within any
cemetery after 7 p.m. and before 6 a.m. October 1 to March 31, or
after 9 p.m. and before 6 a.m., April 1 to September 30.
Authorized Municipal staff and law enforcement agents are exempt.
8.12 Any complaints by interment rights holders should be made at the
Municipal Office. Controversies with workers or others on the
grounds are to be avoided.
9.0 RULES FOR VEHICLES
9.1 The Superintendent(s) reserves the right to close the roads of the
cemeteries at any time to vehicular traffic, due to maintenance,
adverse weather conditions or when such traffic might substantially
interfere with a committal service in progress.
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9.2 The drivers of all vehicles entering the cemeteries shall obey the
instructions of the Superintendent(s), 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 ten (10) kilometers 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 No person shall operate off road motorized vehicles, such as dirt
bikes, all terrain vehicles or snowmobiles, within the cemeteries.
10.0 RULES FOR MONUMENT DEALERS, CONTRACTORS AND
SUPPLIERS
10.1 Monument dealers, contractors and suppliers shall remove all
implements or materials used in doing any work within the
cemeteries without delay and if this is not done, the
Superintendent(s) may remove same.
10.2 No monument dealers, contractors and suppliers shall enter the
cemeteries without first informing the Superintendent(s) of the work
which is to be performed.
10.3 No monument dealers, contractors and suppliers shall enter the
cemeteries in the evenings, Saturdays, Sundays or statutory
holidays, unless by special permission of the Superintendent(s).
10.4 The Municipality shall not be responsible for loss or damage to any
portable articles left upon any burial grave lot.
10.5 Monument dealers, contractors and suppliers shall lay planks on
the burial grave lots and paths over which heavy materials are to be
moved, in order to protect the surface from injury.
10.6 Any monument dealer, contractor or supplier who damages any
burial lot, monument, marker or other structure or otherwise does
any injury in the cemeteries shall be personally responsible for such
damage or injury.
11.0 MONUMENTS AND MARKERS
11.1 The safety of all monuments will be the responsibility of the
Municipality.
11.2 No person shall erect a monument or marker on any burial grave
until all outstanding charges have been paid.
11.3 No person shall inscribe a monument except for the surname of the
interment rights holder shall be inscribed in the rear side of a
monument, unless owned by the same interment rights holder.
11.4 Monuments, markers or other structures or any inscriptions must, in
the opinion of Council, be in keeping with the dignity and decorum
of the Cemetery.
11.5 No monument shall cover more than ten (10) percent of the total
area of the burial grave or burial grave on which it is erected.
11.6 No monument will exceed one hundred and twenty (120)
centimetres in height, from ground level to the top of the monument.
Page 9 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
11.7 Any slabs or markers used shall be placed flat and sunk into the
ground so that the upper surface shall be level with the sod.
11.8 All monuments must be of granite or marble.
11.9 Stones and monuments shall be free from visible defects with
respect to quality or endurance.
11.10 All bases of monuments must be level on the bottom, and the
stonework next to the foundation shall have the surface squared,
so as to allow full bearing upon the foundation; and no building
up or underpinning with chips will be allowed. Cleaning or
restorative procedures undertaken by a party other than the
Municipality must first have the approval of the Municipality to
ensure the techniques used are acceptable and within the
guidelines of the Act.
11.11 The size of the base of the monument and the location of the
monument on the foundation shall be approved by the
Superintendent(s) prior to installation.
11.12 A marker shall be attached to the base so that a uniform border
six (6) centimetres wide is shown on all sides. The marker shall
be attached securely by four (4) or more fasteners to a concrete,
granite or natural stone base or place in a concrete slab that is
not less than nine (9) centimetres and not more than thirteen (13)
centimetres thickness.
11.13 No person shall remove, inscribe or clean any monument,
gravestone or memorial of any kind without obtaining permission
from the Superintendent(s) and without first producing a letter in
writing from the interment rights holder giving permission and a
full description of the work proposed.
11.14 Columbarium granite niche plates being 12 inches x 12 inches
and 14 inches x 14 inches shall be engraved with all inscriptions
being consistent and by approval of the Superintendent(s).
11.15 In accordance with Part VI of the Act, a prescribed amount shall
be paid into the Care and Maintenance Fund of the cemeteries
upon the installation of a marker. The prescribed fees are set in
the Municipality of Kincardine Rates and Fees By-law.
11.16 In accordance with O. Reg. 30/11, s. 159 (1) of the Act , if a
marker or monument in the cemetery presents a risk to public
safety because it is unstable, the Municipality shall do whatever
is necessary by way of repairing, resetting or laying down so as
to remove the risk.
11.17 No person shall drive a vehicle in the cemeteries when the roads
are blocked off by barriers.
11.18 Port Bruce Cemetery Monuments and Markers — see Schedule
'A7.
11.19 Tiverton Cemetery Monuments and Markers — see Schedule `B'.
11.20 Kincardine Cemetery Monuments and Markers — see Schedule
`C'.
12.0 MISCELLANEOUS
12.1 Structural gifts, such as benches, birdbaths, and sundials as
donations or elements in a donated area, must be approved by
the Superintendent(s) and become property of the Municipality.
Page 10 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
They cannot be removed, painted or adjusted in any way or form
by individuals. They are located at the approval of the
Superintendent(s), although every effort is made to
accommodate the request of the donor. The donation is
recognized for the natural lifetime of the plant or item. At its
expiration, any plaques will remain displayed on cemetery
property.
12.2 Anyone found contravening any provision 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.
12.3 That By-law No. 2017 - 092 be repealed effective on the date this
by-law is approved by the Registrar as provided by the Act.
12.4 That this by-law shall come into full force and effect upon written
approval of the Registrar.
12.5 This by-law may be cited as the "Municipality of Kincardine
Cemeteries (2020) By-law".
READ a FIRST and SECOND TIME this 6t" day of July, 2020.
READ a THIRD TIME and FINALLY PASSED this 6t" day of July, 2020.
Mayor Eadie 'lllll lIIII g g g " '11'11
..... ... Donna Mac®Ou all �
Signed with ConsignO Cloud(2020/07/09) Si ned with Consi nO Cloud(2020/07/09) ILII III�I VIII
Verifwith Consi nO orAdobe Reader. Verifywith Consi n0 orAdobe Reader.
Mayor Clerk
APPROVED, APPROUNFE
By I ftegktrar,, P r te 16-g4Irate as [I oil de 21(AW aLm.
tdermI d'iLs.a11JI, diLrffllerenmL¢ Ii¢f tK�i.k fwinw V"birt,,
0I0,,B reavaruu"Nent I�ti110cmW �`iimiiai"nresct
�isr�.G�
m�,�mlr�i kyr, Ontark)
October 19, 2020
Page 11 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULE `A'
MONUMENTS AND MARKERS (PORT BRUCE)
1. All monuments shall be placed on the foundations provided for regular or
cremation burials.
2. Footstones and corner markers will not be permitted.
3. All markers shall be of bronze, mounted on a base set flush with the
ground or shall be of granite set flush with the ground.
4. Only one marker will be permitted on each cremation lot.
5. No marker for a cremation lot shall exceed seventy-six (76) centimeters in
length and fifty-one (51) centimeters in width.
Page 12 of 18
Municipality of Kincardine Cemeteries (2020) By-law
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SCHEDULES'
MONUMENTS AND MARKERS (TIVERTON NEW SECTION)
1. All foundations for monuments and markers shall be constructed by
municipal staff or contractors with qualifications acceptable to the
Municipality. Monument foundations shall be constructed to a depth of at
least one and one-half (1.5) meters and the excavation shall be inspected
by the Superintendent(s), before the monument or marker is placed on the
foundation.
2. Markers shall not exceed sixty (60) centimeters by thirty (30) centimeters
on the surface and must be placed level with the grade of the adjoining
land, subject to the slope as allowed in this schedule.
3. Placement of monuments in the new section shall be as follows.
3.1 Monuments must face the paths and line up in the centre of a block of lots
as shown. If interment rights are held for burial graves A and B and they
are intended to be used as a single grave (plot), the monument will face
the East Path on Grave A. If interment rights are held for burial graves C
and D and they are intended to be used as a single grave, the monument
will face the West Path in Grave D.
West Path N
Monument Location for lots A&B(facing east path) D C
Monument Location for lots C&D(facing west path)
10
Monument Row
B A
East Path
3.2 If interment rights are held for burial graves A, B, C and D within
the same block, one family monument may be placed in the center
of the block of graves in line with the monument row. The
monument may not exceed one hundred and twenty (120)
centimeters in width or height.
Monument Row Weser N
D C
Monument Row 0,
B A
East Path
All monuments will face the East Path. If a grave is owned the monuments (D or
C) will be centred over the grave, if two graves are owned (A & B)
the monument is centred over both graves.
3.3 If interment rights are held for a single burial lot the marker may be
placed as close as feasible to the monument row and the
inscription must face the direction of the nearest path. The marker
may be no more than eight (8) centimeters in height at the back
and may be angled to the front of the marker, provided that the
front of the marker is not less than two and one half (2.5)
centimeters in height at the front of the marker. The total size of the
monument or marker including the base is not to exceed forty-six
(46) centimeters by sixty (60) centimeters.
4. The base of the monument shall not exceed more than sixty (60)
centimeters in width on the burial lot or lots on which it is erected.
Page 13 of 18
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SCHEDULE `C'
MONUMENTS AND MARKERS (KINCARDINE)
1. Foundations of monuments and markers shall extend not less than one
metre below the surface of the found, shall be level on top and
constructed of concrete by the Cemetery Superintendents.
2. The dimensions and particulars of the required foundation of the
monument shall be submitted to the Superintendent(s) before the erection
or placing of the monument, so that the foundation may be properly
constructed.
3. No person shall erect more than one monument on each lot.
4. Markers shall not exceed sixty (60) centimetres by thirty (30) centimetres
on the surface and must be placed level with the ground.
5. In the cremation section in the Kincardine Cemetery only flat markers fifty-
six (56) centimetres by forty-one (41) centimetres, constructed of marble,
granite, or bronze set flush with the ground and protruding no more that
three centimetres above the contour of the ground, will be permitted.
Further, no artificial flowers shall be permitted in the cremation section.
6. No person shall place more than one marker on each lot in the cremation
section of the Kincardine Cemetery.
Page 14 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULED'
The Corporation of the Municipality of Kincardine
Contract for Purchase of Interment Rights or Cemetery Supplies or Services
For the Cemetery
Owner of Cemetery—The Corporation of the Municipality of Kincardine
Address of Owner— 1475 Concession 5, RR 5 Kincardine Ontario N2Z 2X6
Purchaser's Name (s)
Purchaser's Address
Burial Lot Description
Date of Purchase
(Day/Month/Year)
Personal information contained on this form is collected under the authority of the Funeral, Burial
and Cremation Services Act, S.O. 2002, Chapter 33 and will be used to determine eligibility of the
sale of interment rights or cemetery supplies or services. Questions about this collection should
be directed to the Clerk, Municipality of Kincardine, 1475 Concession 5, RR 5 Kincardine Ontario
N2Z 2X6. Telephone: (519) 396-3468
Conditions of Contract
Purchase Price $ plus HST
Percentage of purchase price is set aside for care and maintenance fund -$ plus HST.
The resale of interment rights to a third party is prohibited.
By-Law No. 2017 governs the operation of the cemetery and the exercise of interment rights
within the cemetery. A copy of by-law No. 2017 is attached for your information.
It should be noted that the by-law restricts the size and type of markers permitted within the
cemetery and the method of construction of small markers and regulates cemetery supplies and
services.
A certificate of interment rights will not be issued until the interment rights have been paid in full.
An interment rights holder may require by written demand, the owner to repurchase the rights at
any time before they are used. These rights will be repurchased within 30 days after receiving the
demand.
Applications for the transfer of interment rights will be subject to such policies that may be
established by the Municipality from time to time.
The repurchase price of the interment rights shall be based on the current Municipality of
Kincardine Rates and Fees By-law, deducting the Care and Maintenance Fund contribution made
at the time of purchase and such other amount as established by the Funeral, Burial and
Cremation Services Act, S.O. 2002, Chapter 33.
Upon request for interment the following must be provided:
Certificate of Interment Rights, Burial Permit or Certificate of Cremation and Information Record.
Receipt of a copy of this contract is acknowledged this day of 20_
The Corporation of the
Municipality of Kincardine
I
I have authority to bind the corporation.
I
I
I
Signature of Purchaser Clerk
Page 15 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULE `E'
Cemetery
Certificate of Interment Rights Certificate Number
PURSUANT TO The Funeral, Burial and Cremation Services Act, S.O. 2002, Chapter 33 and
Regulations and all amendments thereto
BETWEEN:
The Corporation of the Municipality of Kincardine and hereinafter called
PARTY OF THE FIRST PART
AND:
hereinafter called
PARTY OF THE SECOND PART
Persons to benefit from the rights granted by this certificate
The party of the second part:
The spouse of the party of the second part:
The following members of the family of the second part: (subject to availability of room in the lot)
1. 2.
3.
In consideration of the sum of:
$ plus HST of which
$ is set aside in the Perpetual Care account
which is deposited with the Municipality's Treasurer, the Municipality agrees to assign to the party
of the Second Part the burial or interment rights in Cemetery for:
(Single Adult Lot: 9.00 x 3.00)
(Single Adult Lot: 9.00 x 3.00)
as shown on the approved plan of Cemetery.
This indenture, made on , 20_
The PARTY OF THE SECOND PART by the acceptance of this indenture indicates that the BY-
LAWS governing the operation of the cemetery have been received and read, and agrees to be
guided by the said
BY-LAWS as well as the provisions of the Funeral, Burial and Cremation Services Act, S.O. 2002,
Chapter 33 as if these were includes as part of this indenture.
THE PARTY OF THE SECOND PART agrees that in the event of transfer of said Interment Right
by purchaser, this Certificate cannot be transferred but will be returned to the Party of the First
Part who will issue a new Certificate to the Transferee.
With respect to the erection or installation of markers, The Party of the Second Part agrees to
abide by the By-Law of the Cemetery,wherein restrictions on the erection or
installation of markers are given, by which By-Laws are attached hereto.
Applications for the transfer of interment rights will be subject to such policies that may be
established by the Municipality from time to time.
IN WITNESS WHEREOF The Corporation of the Municipality of Kincardine has caused its
corporate seal to be hereunto affixed by the hands of its proper signing officers this
, 20_
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Mayor Clerk
Page 16 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULE `F'
INFORMATION RECORD
INTERMENTS
Name: Age: Sex:
Last Place of Residence:
Date of Birth: Place of Birth:
Date of Death: Place of Death:
Lot Owner's Name: Location:
Type of Container:
Date of Interment: Time:
FUNERAL HOME
Name: Address:
Order Received By: From: Date:
NEXT OF KIN
Name: Relationship:
Address:
Telephone:
PURCHASE OF BURIAL LOTS
Name:
Address:
Cemetery: Location:
INTERMENT NEW LOTS
Charges New Lots
Interment Fee P/C
Weekend Chge GST
HST Total
Total
Receipt # Receipt #
Page 17 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULE `G'
MUNICIPAL CEMETERIES
ROLL NO. NAME STATUS LOCATION
1 410826000604900 TIVERTON Active 45 KING ST
2 410821000218100 ARMOW METHODIST Inactive 777 CONCESSION 7
3 410822000100100 KINCARDINE Active 294 BRUCE AVE
4 410821000115200 BERVIE UNITED OLD METHODIST Inactive 4895 HIGHWAY 9
5 410821000122900 BERVIE ANGLICAN Inactive 4896 HIGHWAY 9
CON 7PTLOTD&PT
6 410826000210300 BAIE DE DORE(PORT BRUCE) Active LOT E RP 3R5974 PART 1
7 410826000324700 QUEEN HILL Inactive CON 14 PT LOT 18
8 410826000210300 PORT BRUCE CEMETERY Inactive LOT D,CONCESSION 7
9 410821000123201 BERVIE PRESBYTERIAN Inactive 4776 HIGHWAY 9
10 410826000119600 EVANGELICAL UNITED BRETHREN Inactive CON 4 N PT LOT 11
11 410826000126901 SHILOH COMMUNITY(OLD WILLOW CREEK) Inactive CON 5 PT LOT 23
12 410826000111200 EVANS CEMETERY Inactive LOT 31,CONCESSION 2
13 410826000325400 THEDE CEMETERY Inactive LOT 24 CONCESSION 14
14 410821000318800 PRESBYTERIAN CHURCH GLAMMIS Inactive CON 12 PT LOT 34
15 410826000111705 McKAY CEMETERY Inactive PT LOT 34 CONCESSION 2
Page 18 of 18
Municipality of Kincardine Cemeteries (2020) By-law
By-law No. 2020 - 096
SCHEDULE `H'
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