3628 To govern the operation of municipal cemeteriesTHE CORPORATION OF THE TOWN OF TILLSON BURG
BY-LAW NUMBER 3628
A BY-LAW to govern the operation of municipal cemeteries under the jurisdiction of the Town of
Tillsonburg and, in particular, governing rights, entitlements andrestrictions with respect to
interment rights, in accordance with the funeral, burial and cremation services act, 2002, s.o.
2002, c.33
WHEREAS The Corporation of the Town of Tillsonburg owns and operates municipal
cemeteries known as the Tillsonburg Cemetery, located at 191493 Simcoe Street, CON 12 S
PT LOT 1 REG COMP, LOT 39, PLAN 1653, Town ofTillsonburg;
AND WHEREAS the Funeral, Burial and Cremation Services Act (FBCSA), 2002, S. 0. 2002,
c.33 (Act) regulates the operation of cemeteries in Ontario;
AND WHEREAS the Council of The Corporation of the Town of Tillsonburg deems it desirable
to enact a By-law to regulate the operation of municipal cemeteries;
AND WHEREAS public notice of Council's intention to pass this By-law will be provided in
accordance with the Act;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
TILLSONBURG ENACTS AS FOLLOWS:
A. DEFINITIONS
Burial: The opening and closing of an in ground lot or plot for the disposition of human remains
or cremated human remains.
By-laws: The rules and regulations under which the Cemetery operates.
Care and Maintenance Fund: It is a requirement under the Act 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 or monument care fund as is appropriate.
Interest earned from these funds is used to provide care and maintenance of plots, lots, and
stability of markers and monuments at the cemetery.
Cemetery Manager: A person(s) designated by the Corporation of the Town of Tillsonburg to
execute all rights and responsibilities under this by-law and under the Act.
Cemetery Operator: The Corporation of the Town of Tillsonburg.
Contract: For purposes of this by-law, all purchasers of interment rights or cemetery services
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 in ground 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 or lot 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 measuring 39 inches by 120
inches or 1.0 meter by 3.05 meters.
Marker: Shall mean any permanent memorial structure that is set flush and level with the
ground within the designated memorial space, and used to mark the location of a burial lot.
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Monument: Any permanent memorial projecting above the ground installed within the
designated memorial space to mark the location of a burial or lot.
Memorial Space: An area specified at the head end of a grave for the installation of a
monument or marker.
Plot: For the purposes of these by-laws, a plot is a parcel of land, sold as a single unit,
containing multiple lots.
B. GENERAL INFORMATION
Cemetery Operator Discretion
The sale of interment rights or the authorization for burial is at the discretion of the Cemetery
Operator. Burial authorization is subject to the provision of evidence of interment rights by the
interment rights holder, availability of documentation proving unused lot space, and other factors
as may require consideration. The sale of interment rights is subject to the cemetery being
considered an 'active' cemetery.
Hours of Operation:
Visitation Hours: Daily from dawn until dusk
Office Hours: 8:30am-4:30pm Monday to Friday with the exception of all public holidays
Burial Hours: There are no Sunday burials. Burials from Monday to Saturday are available after
9am and before 4pm. Note: Additional charges may apply depending on day and time.
General Conduct:
The Cemetery Operator 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 shall conduct themselves in a quiet manner that shall
not disturb any service being held.
By Law Amendments:
The cemetery shall be governed by this bylaw, and all procedures shall comply with the Funeral
Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, as may be amended.
All amendments must include proper notice as per Section 151 of Ontario Regulation 30/11. All
by-laws and amendments are subject to the approval of the Registrar, Cemeteries Regulation
Unit, Ministry of Consumer Services.
Liability:
The Cemetery Operator shall 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, 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 Operator.
Public Register:
Provincial legislation -Section 110 of Ontario Regulation 30/11 requires all cemeteries 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 prohibited from burial or
scattering 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 plantings, 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, provided 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-
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laws and provides for the administrative charge outlined in the cemetery price list to transfer the
interment rights certificate.
C. CANCELLATION OR RESALE OF INTERMENT RIGHTS
Purchasers of interment rights acquire only the right to direct the burial of human remains and
the installation of monuments, markers and inscriptions, subject to the conditions set out in the
cemetery by-laws.
In accordance with cemetery by-laws, no burial or installation of any monument, marker,
inscription, or memorialization is permitted until the interment rights have been paid in full. An
interment rights certificate shall 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 shall 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 shall refund all monies paid by the purchaser within thirty (30)
days from the date of the request for cancellation.
Cancellation of Interment Rights after the 30 Day Cooling-Off Period:
Upon receiving written notice from the purchaser of the interment rights, the Cemetery Operator
shall cancel the contract and issue a refund to the purchaser for the amount paid for the
interment rights less the appropriate amount that is required to be deposited into the Care and
Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If
the interment rights certificate has been issued to the interment rights holder(s), the certificate
must returned to the Cemetery Operator along with the written notice of cancellation.
If any portion of the interment right has been exercised, the purchaser, or the interment rights
holder(s) are not entitled to cancel the contract or re-sell the interment rights.
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-laws and in
keeping with the Act.
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 and Monument Care 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 or the monument care fund as is appropriate. Income from these
funds are used to provide only general care and maintenance of the cemetery and maintain
safety of monuments. Contributions to the care and maintenance fund or monument care fund
are not refundable except when interment rights are cancelled within the 30 day cooling off
period.
Permit or prohibit resale of interment rights to a third party:
Note: All resales of interment rights must be carried out through the Cemetery Operator.
Requirements for the resale of interment rights:
The interment rights holder(s) intending to sell their rights shall provide the following documents
to the Cemetery Operator in order that the operator can confirm the ownership of the rights and
provide the third party purchaser with the required certificate:
1. an interment rights certificate endorsed by the current rights holder
2. if the resale 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
3. any other documentation in the interment rights holder(s) possession relating to the
rights
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The third party purchaser shall be provided with the following documents by the Cemetery
Operator:
1. an interment rights certificate endorsed by the current rights holder
2. a copy of the cemetery's current by-laws
3. a copy of the cemetery's current price list
4. a written statement of the number of lots that have been used in the plot and the
number of lots that remain available
5. any other documentation in the interment rights holder(s) possession relating to the
rights
The Cemetery Operator shall:
1. require 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. record the name and address of the third party purchaser(s);
5. require 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 shall 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 resale or transfer of the interment
rights shall be considered final in accordance with the cemetery by-laws and the Act.
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 resale of interment rights and may repurchase 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 Operator's
current price list amounts for interment rights.
D. BURIAL
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
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 Act 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 of human remains.
Payment must be made to the cemetery before a burial can place.
The cemetery shall be given 36 hours of notice for each burial of human remains.
The opening and closing of graves shall 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
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must be received at the cemetery office prior to the removal of casketed human remains. A
certificate from the local medical officer of health is not required for the removal of cremated
remains.
Note: 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).
One casket burial and three (3) cremated remain or four (4) cremated remains may be interned
in a single grave. Each grave shall be a sufficient depth to allow two (2) feet of earth cover. For
persons to be buried enclosed in a container, the container must be securely sealed, dry and of
sufficient strength to permit burial with the container remaining intact. Containers must be of a
size to permit burial within the dimensions of the lot.
E. MEMORIALIZATION
No memorial or other structure shall be erected or permitted on a lot until all charges have been
paid in full.
No monument, footstone, 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 shall take reasonable precautions to protect the property of interment
rights holders, but 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 and at the expense of the interment
rights holder according to the specifications as set out by the Cemetery Operator and under the
supervision of the Cemetery Operator. All foundations shall be constructed of solid concrete to
a minimum depth of 5'-0" below the natural ground surface.
Should any monument or marker present a risk to public safety because it has become
unstable, the Cemetery Operator shall do whatever is deemed necessary by way of stabilizing,
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 Cemetery Operator.
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.
In keeping with the cemetery by-laws only one monument shall be erected within the designated
space on any lot
The minimum thickness for flat markers including footstones is 4 inches or 10 em.
The minimum thickness of upright monuments is 6 inches or 15.5 em. The maximum height for
upright monuments is 42 inches or 107 em including the base.
All monuments and markers shall be constructed of natural stone (i.e. granite). Marble, ceramic
or wood memorials are not permitted.
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 has notified the
Cemetery Operator.
Markers and footstones are permitted with size and quantity restrictions according to cemetery
by-laws and the placement of such memorials shall not interfere with future interments.
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Single lot maximum: width including the base is 24 inches or 61 em.
Double lot maximum: width including the base is 42 inches or 107 em.
Cremation lot maximum: one flat marker to a width of 24 inches by 12 inches or 61 em by 31 em
F. CARE AND PLANTING
A portion of the price of interment or scattering 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 or scattering grounds
• Maintenance of cemetery roads, sewers and water systems
• Maintenance of perimeter walls and fences
• Maintenance of cemetery landscaping
• 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 Operator
• 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
G. ITEMS THAT ARE PROHIBITED AND PERMITTED
The Cemetery Operator 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 Operator from performing general cemetery operations, or
are not in keeping with the respect and dignity of the cemetery. Prohibited articles shall be
removed and disposed of without notification, including all glassware or crockery.
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.
The scattering of cremated remains is not permitted on a grave or within the cemetery.
There shall be no discharge of firearms except at a military funeral.
No dogs or other pets shall be permitted in the cemetery.
Picnics shall not be permitted within the cemetery.
H. MONUMENT CONTRACTIONS
Every contractor employed to erect markers or do any work in the cemetery shall first present
an application to the Cemetery Operator signed by the interment rights holder or his
representative requesting permission to employ such contractor to do the work specified.
The demeanor and behavior of all contractors employed by others in the cemetery shall be
subject to the control of the Cemetery Operator. Contractors shall lay planks on the lots and
paths over which heavy materials are to be moved in order to prevent damage to the grounds.
Contractors shall cease work in the immediate vicinity of a funeral until the conclusion of the
service. All work must be done during regular cemetery hours. No work shall be started on
Saturday that cannot be completed and litter and debris removed by noon Saturday. The
employee of any contractor who damages any plot, monument, marker or other structure or
otherwise does any damage in the cemetery shall be held liable for such damage.
G. ADMINISTRATION
1. This By-law may be known as the "Cemeteries By-law''.
2. This by-laws shall repeal By-Law 2755, 2765, 3154 and 3189 and any other by-law not
mentioned herein that are associated with cemeteries that are owned and operated by the Town
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of Tillsonburg are hereby repealed in their entirety.
3. This By-law shall come into force and effect upon the requisite notice provisions for this by-law
being carried out in compliance with section 151 of the Funeral, Burial and Cremation Services
Act, 2002, S.O. 2002, c.33.
READ A FIRST i\ND SECOND TIME THIS grH DAY OF July, 2012.
READ A THIRD AND FINAL TIME AND PASSED THIS grH DAY OF July, 2012.
Clerk -Donna Wilson
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