TABLE OF CONTENTS
Section A: DEFINITIONS
Section B: GENERAL INFORMATION
Section C: CANCELLATION OR RESALE OF INTERMENT RIGHTS
Section D: BURIAL OF CREMATED REMAINS
Section E: MEMORIALIZATION
Section F: CARE AND PLANTING
Section G: ITEMS THAT ARE PROHIBITED AND PERMITTED
Section H: CONTRACTOR/MONUMENT DEALERS
Section I: COLUMBARIA
These are the rules and regulations that govern the cemeteries under the care and control of the Diocese of Alexandria-Cornwall and have been approved by the Registrar of Cemeteries, FBCSA, Cemeteries Regulations Unit, Ministry of Consumer Services.
Burial: The opening and closing of an inground lot or plot for the disposition of human remains or cremated human remains.
By law: The rules and regulations under which the Cemetery (and/or Crematorium) operates.
Care and Maintenance Fund: It is a requirement under the FBCSA that a percentage of the purchase price of all Interment Rights, and set amounts for marker and monument installations is contributed into the Care and Maintenance Fund. Interest earned from this fund is used to provide care and maintenance of plots, lots, markers and monuments at the Cemetery.
Contract: For purposes of this by law, all purchasers of interment rights must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by law.
Corner Posts: Shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot.
Grave: (Also known as a Lot) means any inground burial space intended for the interment of a child, adult or cremated human remains.
Interment Right: The right to require or direct the interment of human remains or cremated human remains in a grave, lot, or niche and direct the associated memorialization.
Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the
interment rights have been paid in full, identifying ownership of the interment rights.
Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified lot.
Lot: For the purposes of this By Law a lot is a single grave space.
Marker: Shall mean any permanent memorial structure that is set flush and level with the ground, and used to mark the location of a burial lot.
Monument: Any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot.
Niche: An individual compartment in a columbarium for the entombment of cremated human remains.
Plot: For the purposes of this by law, a plot is a parcel of land, sold as a single unit, containing
B. GENERAL INFORMATION
Hours of Operation:
Visitation Hours: from May 1st to December 1st visiting hours will be from 9 a.m. to 4:30 p.m. Monday through Friday, and from 9 a.m. to noon on Saturdays. (This pertains to Notre-Dame Cemetery only.)
Office Hours: 9:00 a.m. to 3:00 p.m. Monday to Friday
Burial Hours: 9:00 a.m. to 3:00 p.m. Monday to Friday and 9:00 a.m. to 11:15 a.m. Saturday
The cemetery reserves full control over the cemetery operations and management of land within the cemetery grounds.
No person may damage, destroy, remove or deface any property within the Cemetery.
All visitors should conduct themselves in a quiet manner that shall not disturb any service being held.
By Law Amendments:
The cemetery shall be governed by these bylaws, and all procedures will comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically.
All by law amendments must be:
a) published once in a newspaper with general circulation in the locality in which the cemetery is located;
b) conspicuously posted on a sign at the entrance of the cemetery; and
c) delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the by law or by law amendment pertains to markers or their installation.
All by laws and by law amendments are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services.
The cemetery operator will not be held liable for any loss or damage, without limitation (including damage by the elements, Acts of God, or vandals) to, any lot, plot, columbarium niche, crypt, monument, marker, or other article that has been placed in relation to an interment right save and except for direct loss or damage caused by gross negligence of the cemetery.
Provincial legislation – Section 110 of Ontario Regulation 30/11 requires all cemeteries and
crematoriums to maintain a public register that is available to the public during regular office hours.
Pets or Other Animals:
Pets or other lower animals, including cremated animal remains, are not allowed to be buried on cemetery grounds.
Right to Re-Survey:
The Cemetery has the right at any time to re-survey, enlarge, diminish, re-plot, change or remove plants, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities.
Notice of Resale and Transfer of Interment Rights:
The cemetery operator permits the interment rights holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the cemetery operator and the purchaser meets the qualifications and requirements as outlined in the cemetery operator’s by law.
Any complaints by interment rights holders should be made to the Cemetery Manager and not to workmen on the grounds. Controversies with workmen or others on the grounds are to be avoided.
C. CANCELLATION OR RESALE OF INTERMENT RIGHTS
Purchasers of interment rights holders acquire only the right to direct the burial of human remains and cremated human remains, and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by law. In accordance with cemetery by law, no burial, entombment, or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full.
An interment rights certificate will be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of Real Estate or real property. An interment rights holder wishing to resell their interment rights may advise the cemetery operator of their intention prior to seeking a third party buyer for their interment rights.
Cancellation of Interment Rights within 30 Day Cooling Off Period:
·A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract, by providing written notice of the cancellation to the cemetery operator. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation.
Resale of Interment Rights after 30 Day Cooling Off Period:
·Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or re-sell the interment rights. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has the right to re-sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by law and in keeping with the FBCSA.
·If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment rights.
Care and Maintenance Fund Contributions:
·As required by sections 166 and 168 of Regulation 30/11, , a percentage of the purchase price of all interment rights, and a prescribed amount for monuments and markers is contributed into the care and maintenance fund. Income from this fund is used to provide only general care and maintenance of the cemetery. Contributions to the care and maintenance fund are not refundable except when interment rights are cancelled within the 30 day cooling off period.
Resale of interment rights to a third party:
NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE CEMETERY OPERATOR.
Requirements of re-sale of interment rights:
·The interment rights holder(s) intending to sell their rights shall provide the
following documents to the cemetery operator so that the operator can confirm the ownership
of the rights and provide the third party purchaser with the required certificate, etc.:
1. an interment rights certificate endorsed by the current rights holder;
2. if the re-sale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available; and
3. any other documentation in the interment rights holder(s) possession relating to the rights.
·The third party purchaser will be provided with the following documents by the cemetery
1. an interment rights certificate endorsed by the current rights holder;
2. a copy of the cemetery’s current by law;
3. a copy of the cemetery’s current price list;
4. if the re-sale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available; and
5. any other documentation in the interment rights holder(s) possession relating to the rights.
·The cemetery operator will require:
1. a statement signed by the rights Holder(s) selling the interment rights acknowledging the sale of the interment rights to the third party purchaser;
2. require confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the Interment rights;
3. record the date of transfer of the interment rights to the third party;
4. the name and address of the third party purchaser(s); and
5. a statement of any money owing to the Cemetery Operator in respect to the Interment Rights.
·Once the endorsed certificate and all required information has been received by the cemetery
operator from the rights holder(s), the cemetery operator will issue a new interment rights certificate to the third party purchaser.
·Upon completion of the above listed procedures, and upon the issuance of the new interment rights certificate, the third party purchaser or transferee(s) shall be considered the current interment rights holder(s) of the interment rights, and the re-sale or transfer of the interment rights shall be considered final in accordance with the cemetery by law and the FBCSA.
·The cemetery operator may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the cemetery operator’s current price list.
·The cemetery operator does not prohibit the re-sale of an interment rights and may re-purchase the interment rights from the rights holder(s) if the cemetery operator so desires and may negotiate a purchase price so long as the seller acknowledges being aware of the cemetery operators current price list amounts for interment rights.
· All cemeteries, with the exception of Notre-Dame, may apply a surcharge on lots and niches sold to residents outside of the Diocese of Alexandria-Cornwall.
D. BURIAL OF CREMATED REMAINS
·Interment rights holder(s) must provide written authorization prior to a burial or an entombment taking place. Should the interment rights holder be deceased, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder i.e. Personal Representative, Estate Trustee, Executor or next of kin.
·A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the cemetery office prior to a burial or entombment taking place. A Certificate of Cremation must be submitted to the cemetery office prior to the burial of cremated remains taking place.
·In accordance with the FBCSA the purchaser of interment rights must enter into a cemetery contract, providing such information as may be required by the cemetery operator for the completion of the contract and the public register prior to each burial or entombment of human remains.
·Payment must be made to the cemetery before a burial can place.
·The cemetery shall be given 48 hours notice for each burial of human remains.
·No funerals are allowed in the cemetery after 11:15 a.m. Saturday unless the committal service is being held at the mortuary, which will close to all funerals at 12 o’clock noon on Saturday. No funerals shall be held on Sundays, Christmas day or on New Year’s day, as the cemetery is closed on these occasions.
·The opening and closing of graves, crypts and niches may only be conducted by cemetery staff or those designated to do work on behalf of the cemetery.
·Cremated remains are not permitted to be scattered on a grave.
·Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the cemetery operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received at the cemetery office before the removal of casketed human remains may take place. A certificate from the local medical officer of health is not required for the removal of cremated remains.
·In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s).
The cemetery limits the burial of human and cremated remains as follows:
· One adult grave (4'x12') may hold 1 casket and 2 cremated remains, or 3 cremated remains and no casket;
· One cremation grave (2'x2') may hold 1 cremated remains;
· One baby lot (3'x2') may hold one cremated remains.
· A common grounds lot (2'x2') may contain one cremated remains.
· Niches: niches may hold 2 urns - no more than 2 urns may be placed in one niche
· Not more than one burial will be made in any lot except in the above paragraph.
· For Notre-Dame-des-Anges in Moose Creek only, the cemetery limits the burial of one casket and one cremated remains, or 2 cremated remains and no casket.
· Burial must be under the flat marker if the lot is a flat marker lot (2'x2').
· If we are unable to accommodate a burial for someone who has documented ownership rights due to any of the following, we will provide a burial lot at Notre-Dame Cemetery:
· the grave is full due to shifting of the earth;
· flooding is making burial impossible;
· oversize casket was buried prior and insufficient room is left; or
· any other unusual occurrence which makes burial impractical.
· In the event of delay caused by circumstances beyond its control, the cemetery reserves the right to place a human remains in mortuary until the burial can be made.
· Human remains will be placed in the mortuary over the winter period or when grounds are not suitable for burial. Permission to use the mortuary must be obtained from the manager or designate. In all cases when a human remains are placed in the mortuary, a deposit will be paid, sufficient to cover this storage fee and/or all expenses for interment which will include the cost of a single lot, unless other arrangements have been made with an outside cemetery.
· The mortuary fee will be a flat rate whether it is for the complete winter funeral duration or part there of.
· All human remains must be removed from the mortuary by the first of June in each year.
· The cemetery operator or designate may remove a human remains deposited in the mortuary and inter it in a single lot at any time after the expiration of the time for which payment has been made or at anytime should the condition of the human remains render its interment, in the opinion of the cemetery operator, necessary or expedient.
· When human remains are removed from the mortuary for burial, visitors will be permitted to attend at the burial site at this time; the attending funeral director and executor will be notified in advance of this event. A special religious service for all including mortuary storage cases will be held following the burials each year.
· Artificial grass, lowering devices and other equipment furnished for a fee by the cemetery will be used in making burials and disinterments unless a written request is made by the burial rights holder refusing such a service.
·No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full.
·No monument, foot stone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the cemetery operator.
·Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear.
·The cemetery operator will take reasonable precautions to protect the property of interment rights holders, but it assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof.
·The cemetery operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments.
·All foundations for monuments and markers shall be built by, or contracted to be built for, the cemetery operator at the expense of the interment rights holder, and will only be carried out upon the payment in full of the charges which will include the monument care and maintenance as set out in the price list.
·Should any monument or marker present a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary by way of repairing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk.
·The cemetery operator reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the trustees.
·A monument, or other structure shall be erected only after the specific design plans have been approved by the cemetery operator including: dimensions, material of structure, construction details, and proposed location.
· Monuments are not permitted on single lots or urn spaces. Flat markers are permitted.
· Special sections of the cemetery consisting of lots contained in Block 1, Range P, Q, R., along with Block 2, Range P, R, J, H, E, D, and B, and Block 1A, Range B also Block 7, Range D, will be known as single lot sections where no upright (above ground level) tombstones will be allowed. However, flat markers will be permitted in these sections. (This pertains to Notre-Dame Cemetery only.)
· Seats or benches of granite to be used as memorials may be permitted on approval o f the design and site by the Manager or designate.
·The minimum thickness for flat markers including foot stones is 4 inches or 10 cm. The minimum thickness for monuments is 8 inches or 20 cm. Thickness could be 6 inches with a height restriction of 28 inches.
· The Government of Canada, through its Department of Veterans Affairs, provides upright monuments less than 8" thick to all deceased veterans’ graves. To insure stability, their base is encased in a cement foundation rather than cemented to a base. As a gesture of goodwill and as a sign of respect for their contribution in service to our country, all upright monuments provided by the D.V.A. (Department of Veterans Affairs) will be exempted from the minimum thickness requirement.
· No monument will be installed which exceeds 44" in height.
· All monuments and markers shall be constructed of bronze or natural stone (i.e. granite).
· No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the interment rights holder(s) and/or marker retailer have been notified by the cemetery operator.
· Monuments to be installed for interment rights holders will be set up on adequate concrete foundations. Their installation will be performed no later than October 31st of each year.
· Markers and foot stones of bronze or granite are permitted with size and quantity restrictions according to cemetery by law and the placement of such memorials shall not interfere with future interments.
· All monument foundations will be 6" wider and 6" longer on all sides than the maximum dimensions of the base of the monument.
· All bases sold with monuments will not exceed 12" of length or width of monuments.
· Foundations will be constructed when the applications submitted for such are made by June 15th, and will be fabricated by August 15th; application for such made by August 15th will be fabricated by October 15th. (These dates pertain to Notre-Dame Cemetery only.) Construction of foundations in all other cemeteries will be determined by weather and available staff time.
· Due to the lot size limitations, the use of a rough box or concrete vault is discouraged in all cemeteries with the exception of Notre-Dame. The cemetery may apply a surcharge should a rough box or concrete vault be insisted upon.
· The cemetery will charge an hourly fee plus materials listed in the price list, for damages caused by monument installers.
· The cemetery reserves the exclusive right to build and maintain any type of crypt or columbarium, and determine its location within the cemetery.
· In special cases, when necessary, the cemetery owner reserves the right to displace monuments in order to allow equipment to enter upon lots for interment, which otherwise, would not be possible. The cemetery owner becomes responsible for such expense, and for any damage that could result from such, as well as setting these monuments back in their original place.
· The cemetery may charge the interment rights holder the approved cemetery rates for the maintenance of lots and markers that were sold before 1955 if there were no trust funds collected for that purpose (see price list).
F. CARE AND PLANTING
A portion of the price of interment rights is trusted into the Care and Maintenance Fund.
The income generated from this fund is used to maintain, secure and preserve the cemetery grounds.
Services that can be provided through this fund include:
·Re- levelling and sodding or seeding of Lots;
·Maintenance of cemetery roads,
·Maintenance of perimeter walls and fences;
·Maintenance of cemetery landscaping;
·Maintenance of columbarium;
·Repairs and general upkeep of cemetery maintenance buildings and equipment.
No person other than cemetery staff shall remove any sod or in any other way change the surface of the burial lot in the cemetery.
No person shall plant trees, flower beds or shrubs in the cemetery except with the approval of the cemetery.
Flowers placed on a grave for a funeral shall be removed by the cemetery staff after a reasonable time to protect the sod and maintain the tidy appearance of the cemetery.
Floral items will be removed from the lots and tombstones as soon as they become faded or unsightly.
No candle, candle holder or other illuminated article or chair, trellis, arch, iron rod, wirework, hanging basket, border, fence, railing wall, cut stone coping, pottery, glass, metal cross or wooden article (including wooden crosses and other wooden memorials) or similar articles may be left upon any lot.
G. OUTLINING ITEMS THAT ARE PROHIBITED AND PERMITTED
The cemetery reserves the right to regulate the articles placed on lots or plots that pose a threat to:
· the safety of all interment rights holders, visitors to the cemetery and cemetery employees;
· prevents the cemetery from performing general cemetery operations; or
· are not in keeping with the respect and dignity of the cemetery.
Prohibited articles will be removed and disposed of without notification.
The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery.
Memorial wreaths may be placed in the cemetery only between the 15th of November and the 1st of April.
In order to prepare the grounds for spring, wreaths must be removed prior to April 1st.
Wreaths not removed by this date will be removed and disposed of by the Cemetery without notification.
H. CONTRACTOR/MONUMENT DEALER
Any contract work to be performed within the cemetery requires the written pre-approval of the interment rights holder and the cemetery operator before the work may begin.
Pre- approval includes but is not limited to: landscaping, delivery of monuments and markers, inscriptions, designs, drawings, plans and detailed specifications relating to the work, proof of all applicable government approvals and permits, and the location of the work to be performed.
It is the responsibility of all contractors to report to the cemetery office and provide the necessary approvals before commencing work at any location on the cemetery property.
Prior to the start of any said work, contractors must provide proof of:
(any or all may apply depending on your specific operation):
Occupational Health and Safety compliance standards
Evidence of liability insurance
All of the cemetery by law applies to all contractors and all work carried out by contractors within the cemetery grounds.
Contractors, monument dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the cemetery operator.
No work will be performed at the cemetery except during the regular business hours of the cemetery.
Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral until the conclusion of the service.
The cemetery reserves the right to temporarily cease contractor operations at their sole discretion if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the cemetery.
Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage.
Payment must be made to the cemetery operator before an interment may take place.
Only the cemetery operator may open and seal niches for interments. This applies to the inside sealer and the niche front.
To ensure quality control, desired uniformity and standard of workmanship, the cemetery reserves the right to inscribe all niche fronts or install all lettering, vases, adornments, or any other approved attachment.
No person other than cemetery staff shall remove or alter niche fronts.