The St. James Cemetery reserves full and complete control and management of the land, buildings, plantings, roads, utilities, books and records of the cemetery and complete authority to administer these by-laws.
Ownership is placed in the hands of the Interment Rights Holders and all monies are used exclusively for the maintenance and improvement of the property.
Management and direction are entrusted to an appointed or elected Board of Directors who supervise the care and upkeep done by the Manager.
The Board shall meet each year to set prices and resolve matters. Other meetings may be called by the Chairman.
The Secretary - will record the minutes of the meetings and the resolutions adopted. The Treasurer shall keep a proper record of all money transactions as they pertain to cemetery operations.
The Manager shall have custody, under the Directors, of the Cemetery. No interment or removal of bodies shall take place without notice to the Manager, and he shall see that a proper Burial Permit or other certificate required by law is furnished to him in each instance.
The Board distinctly disclaims all responsibility for loss or damage from causes beyond their control and especially from damage caused by the elements, and acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, accidents, invasion, insurrections, riots, or order of any military or civil authority, whether damage be direct or collateral.
The Board shall take reasonable precautions to protect the property of interment Rights Holders but they assume no liability or responsibility for the loss of or damage to any article of any type that is placed on any lot or plot.
Interment rights may be allowed to anyone who, a) is a member or adherent of the United Church of Canada or, b) a relative of a person already interred at St. James or, c) has been referred by a) or b) above. Niche interment rights may be allowed to anyone.
"Cemetery" means the St. James Cemetery, located on Victoria St. Part North half Lot 15, Concession 9, Town of Innisfil, County of Simcoe.
"Ministry" means the Ministry of Small Business and Consumer Services for Ontario.
"Board" means the duly appointed or elected Board of Directors for the St. James Cemetery.
"Chairman" means the chairman of the Board of Directors for the St. James Cemetery.
"Lot" means an area of land in a cemetery containing, or set aside to contain, human remains and includes a niche or compartment in a columbarium.
"Plot" means two or more lots in which the rights to inter have been sold as a unit.
"Interment Rights" includes the right to require or direct the interment of human remains in a lot.
"Interment Rights Holder" means a person with Interment Rights with respect to a lot and includes a purchaser of Interment Rights under the Cemeteries Act, being chapter C.3 of the Revised Statutes of Ontario, 1990, or a predecessor of that Act.
"Plan" means the plan of the cemetery, approved by the Ministry of Small Business and Consumer Services for Ontario.
"Certificate of Interment Rights" means the certificate issued by the St. James Cemetery Board of Directors to the purchaser of Interment Rights in either a lot, plot or niche.
"Care and Maintenance Fund". This is the trust fund in which all monies received by the cemetery for the care and maintenance of lots, niches, plots and monuments have been invested. This Trust fund is maintained by the Public Trustee.
"General Maintenance Account" means the account that has been set aside for maintenance of the cemetery and for services rendered in connection with its operation.
"Monument" means any permanent memorial projecting above the ground level.
"Marker" means any memorial of Granite, marble, or bronze set flush with the surface of the ground, and used to mark the location of a lot.
"Corner-posts" means any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot.
"Columbarium" means a structure designed for interring cremated human remains in sealed compartments.
"Niche" means a compartment in a columbarium to contain one or more human remains.
SALE AND TRANSFER OF INTERMENT RIGHTS
No person shall sell interment Rights unless that person does so on behalf of this licensed cemetery.
Interment Rights in lots and plots may be purchased from the Cemetery at the rates filed with the Ministry and according to the plans approved by the Ministry of Small Business and Consumer Services for Ontario that are on file in the office of the Manager of the Cemetery. The prices for lots include the applicable portion for deposit to the Cemetery's Care and Maintenance Fund.
The deposit to the Care and Maintenance Fund shall be as specified in the regulation made under the Cemeteries Act, R.S.O., 1990 and that came into effect April 1st 1992.
- In the case of an in-ground grave for the burial of an adult, the greater of 40% of the selling price or $150.
- In the case of a niche or compartment in a columbarium, the greater of 15% of the selling price or $100.
The Cemetery Board shall provide each Rights Holder at the time of sale with:
- A copy of the contract.
- A copy of the Cemetery By-laws
- Upon payment in full, a Certificate of Interment Rights.
Purchasers of Interment Rights acquire only the right and privilege of burial of the dead and of constructing monuments or placing markers, subject to the Cemetery By-laws from time to time in force and approved by the Ministry of Small Business and Consumer Services.
To ensure the correctness of records of ownership and interments, no transfer of any interment Rights or any interest therein shall be binding upon the Board until notice is given in writing to the Manager or Treasurer of the Board specifying the name and address of the proposed transferee and date of transfer, and such particulars have been entered in a register for that purpose. Upon receipts of such notice, and payment of a fee, the transfer shall be made.
In cases of transmission of ownership by will or bequest of Interment Rights, the management reserves the right to require the production of a notarial copy of the will or other evidence sufficient to prove ownership.
An interment Rights Holder may require by written demand the Cemetery to repurchase the rights at any time before they are used. The Cemetery shall repurchase the Rights within thirty days from the date that the request was received.
The repurchase price of the Interment Rights, shall be the amount paid by the purchaser for the rights less the amount paid by the cemetery owner to the Care and Maintenance Fund. This also applies to all purchases or contracts that were made before this Act came into being.
If the original selling price is unknown, the repurchase price shall be deemed to be $50.00 as according to the Cemeteries Act, (Revised).
In accordance with the Cemeteries Act, (Revised), the Cemetery is not required to repurchase the Interment Rights for more than four lots held by the same interment Right Holder in a twelve month period.
The Cemetery Board after receiving such a demand, shall repurchase the Interment Rights within thirty days after receiving the demand.
NO REFUND will be made for any lot if any Interment Rights have been exercised.
If any Interment Right have not been used after a 20 year period has passed, they may be considered abandoned. The Cemetery may apply to the Registrar for a declaration that the Interment Rights are abandoned after making inquiries and giving reasonable notice to find the Interment Rights Holders or beneficiaries. Upon being satisfied that the rights are abandoned, the Registrar shall issue a declaration to that effect. If there is not an appeal by the end of the time period allowed for appeal, the Cemetery may resell the lot in question.
Any person whose Interment Rights have been resold after being declared abandoned may apply to the Registrar for redress. Upon receiving an application for redress, the Registrar shall order the cemetery to provide better or equivalent Interment Rights in that Cemetery or to refund the amount that it would cost to purchase better or equivalent Interment Rights in the Cemetery or if no Interment Rights are available in the Cemetery, in the closest Cemetery appropriate to the religious or ethnic affinities of the person whose Interment Rights have been resold.
INTERMENTS AND DISINTERMENTS:
No burials shall take place between December 1st and April 30th unless weather permits an extension.
Not more than one burial shall be made in any single grave except:
- The cremated remains of not more than four persons.
- Or a 60.96 x 30.48 cm (24" x 12") infant container may be buried at the head end of a single grave in which a casket containing human remains has been buried, provided space is available.
Remains to be buried in a lot must be enclosed in a container, sealed securely, and of sufficient strength to permit burial with the container remaining intact. The container must be of a size to permit burial within the size of the lot.
It is recommended that all interments made in the cemetery use a cement vault or crypt.
All interments must be authorized in writing by the Interment Rights Holder except the Interment of the Interment Rights Holder.
A burial permit issued by the Division Registrar, showing that the death has been registered and the fee for the opening of the lot according to the fee found in the Price List, must be deposited with an official of the Board before Interment can take place.
In the case of a cremation Interment or Inurnment, the cremation certificate and the prescribed fee for this service according to the Price List must be deposited with an official of the Board.
Persons requesting Interments in lots or plots shall be held responsible for charges incurred.
When Interment Rights in a lot/plot are held jointly by two or more persons, an order will be accepted from either, or any of them or their authorized representatives, for Interment in such part of the plot as may be requested.
No lot or niche shall be opened for Interment or disinterment by any person not in the employ of, or under the direction of the Board, except under special circumstances, and by permission of the Board.
The Interment fee includes the opening and closing of the lot or niche and the registration of the burial.
No person shall remove human remains, except cremated remains, from a cemetery unless a certificate of a Medical Officer of Health or the Cemetery Board confirming that the Cemeteries Act and the regulations have been complied with is affixed to the container. A burial certificate under the Vital Statistics Act is not required to reinter human remains that have been disinterred according to the Cemeteries Act and regulations. The written permission of the interment rights holder is required prior to a disinterment.
The Cemetery will exercise all due care in making burials and interments but is not responsible for damage to any casket, urn or other container sustained during disinterment.
No interment shall be permitted in any lot or niche where the burial rights have not been paid in full.
The Cemetery reserves the right, at its cost, to correct any error that may be made by it in making interments, in the description of the lot,, or the transfer or conveyance of any Interment Rights. The cemetery may either cancel such grant and substitute other Interment Rights, or lot of equal value and similar location, as far as is reasonably possible; or refund all money paid on account for such purchase. Notice will be given personally to the Rights Holders. If necessary, it may be mailed to the Rights Holders or their legal representatives, at their last appearing address in the record books of the Cemetery. In the event any such error may involve the disinterment of remains, the Cemetery shall first obtain the approval of any regulatory authority and the written permission of the interment rights holder prior to the disinterment occurring.
The Cemetery shall not be held responsible for any errors made for any funeral arrangements made over the phone. These arrangements should be made in writing.
Notice of each Interment to be made shall be given to the Manager or Treasurer of the Cemetery at least 48 hours in advance, 16 hours of which must be regular working hours. The Board cannot be held responsible for having lots prepared for funerals unless such notice is given.
No interment shall be made on Sunday or Statutory Holidays unless the Cemetery is ordered to do so by a representative of the Ministry of Health.
CARE OF LOTS - GENERAL
No person shall do any work upon a burial lot without the permission of the Manager.
No trees, shrubs, flowering or other plants may be cultivated on "lots", except as in section VI..
If any trees or shrubs situated in any lot shall have become by means of their roots or branches or in any other way, detrimental to the adjacent lots, drains, roads or walks, or prejudicial to the general appearance of the grounds or inconvenient to the public, the Board may remove such trees, shrubs or parts thereof after 30 days notice to the Interment Rights Holder.
NO GLASS CONTAINERS of any kind are allowed in the Cemetery at any time.
Nails, wires, wooden crosses, articles of glass or pottery or any other material that creates a hazard to workers and to visitors when neglected or broken are not allowed in the Cemetery.
Since borders, fences, railings, walls, cut-stone coping and hedges in or around lots become unsightly, they are prohibited.
No Interment Rights Holder shall change the grading of his lot, and in case of any such change, the Board may restore the lot to its original grade at the expense of the Interment Rights Holder.
No unauthorized person shall sod, move corner-posts or lot markers.
The Board shall not be responsible for loss or damage to any articles left upon any lot or plot.
CARE OF LOTS - FLOWERS:
The Cemetery reserves the right to remove all flowers, potted plants, wreaths and baskets of flowers when they become withered or unsightly, or for any other reason, such removals are in the best interest of the Cemetery.
During the growing season (from April 15 to November 15) while natural flowers are available, artificial flowers in any form, including wreaths, are not permitted on graves or lots.
Flower beds not exceeding 45.72cm (18 inches) in width shall be permitted around the bases of monuments, and where there is no monument, can only be made by permission of, and under the supervision of the Manager. Planting of borders around lots is prohibited.
To preserve the orderly appearance in the cemetery, any flower bed of the previous year which has not been planted by June 15th, sod may be laid by the Board and the cost charged to the Interment Rights Holder.
Artificial wreaths without glass or plastic covers are allowed to be placed on the lot after November 15th, provided they are securely fastened to the monument or where there is no monument, mounted on a stand of at least 76.20cm (30 inches) high and securely anchored to the ground.
To preserve the proper appearance of the grounds, artificial wreaths must be removed before April 15 of each year; otherwise Cemetery authorities will remove them.
MONUMENTS AND MARKERS - GENERAL INFORMATION:
No monument or other structure shall be erected or permitted on a lot until accrued charges have been paid in full.
All installations of monuments and markers and their foundations shall be arranged for by the Rights Holder through monument dealers or contractors subject to the conditions of these by-laws.
No inscription shall be placed on any monument or marker which is not in keeping with the dignity and decorum of the Cemetery.
No monument, footstone, marker or memorial of any kind shall be placed, moved, altered or removed without permission from the Manager.
No monument or marker will be delivered to the Cemetery without containing the following information:
- The overall size of the monument.
- The appropriate amount for the Care & Maintenance Fund in relation to the size of the marker/monument as set out in the Cemeteries Act (Revised), must accompany the monument.
Every person installing a monument or marker in the Cemetery shall pay the prescribed amount, set out in the Cemeteries Act, to St. James, Care and Maintenance Fund. The interest earned from this fund will be used to maintain the markers or monuments in a safe condition.
The amounts are as follows:
- In the case of a flat marker measuring less than 173 square inches - $0.00
- In the case of installing a flat marker measuring at least 1115.85 square centimetres (173 square inches), $50.
- In the case of installing an upright marker measuring 1.22 meters (4 feet) or less in height and 1.22 meters (4 feet) or less in length, including the base, $100.
- In the case of installing an upright marker measuring more than 1.22 meters (4 feet) in either height or length, including the base, $200.
If a monument or marker in a cemetery presents a risk to public safety because it is unstable, the Cemetery Board shall do whatever is necessary by way of repairing, resetting or laying down the marker to remove the risk. The board does not accept liability for injury caused by such.
For the purpose of the regulations, a monument shall be understood to mean any permanent memorial projecting above ground level.
Minor scraping of the base portion of the upright monuments due to the turf mowing operation is considered by the Cemetery to be normal wear.
The Cemetery 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, or part thereof except where such damage or loss is due to its negligence.
The Cemetery Board 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.
A plot is allowed one upright monument and only 1 footstone per lot: Due to the work involved to keep these level, we must restrict the quantity allowed on a lot.
The maximum size monument allowed on a double lot is: Height 1.22 meters (4 feet). Width 1.52 meters (5 feet).
The maximum width of a base is controlled by the width of the plot or lot where it will be installed. No base shall be closer than 7.6 cm (3 inches) to the lot with side lines on which it is to be installed.
Monuments must be placed at the centre of the head end of the plot except where alignment with existing nearby monuments justifies another location. Approval of the location must be obtained from the Manager before a monument is set.
All photographs attached to any memorials or placed within the cemetery grounds shall be the sole responsibility of the owner.
No foundations may be constructed after November 15th in any year and before April 15th in the following year.
The foundation shall be built in the designated space and in the proper dimensions of the monument base. If incorrect dimensions have been given on the application form, signed by the Interment Right Holder and/or the supplier, the foundation must be immediately removed and rebuilt by the cemetery at the expense of the Interment Right Holder. Foundations will be not less than 1.52 meters (5 feet) deep or to the top of the concrete vault, and they will be set at the manager’s direction.
The surface area shall be flush with the surrounding ground level and shall provide a level surface free of defects.
Contractors shall be under the supervision of the cemetery and shall be responsible to pay the supervisory fee, as filed with the Ministry.
St. James Cemetery will charge a fee when four corner markers are installed and inscribed with the initial of the last name of the purchaser. Corner markers are highly recommended.
Markers or Footstones must not interfere with future interments. Single lot maximum, 30.48cm x 45.72cm 12" x 18".
Flat markers are to be flat on top and set level with the ground so that a lawnmower can pass safely over them.
Each single lot may have a monument providing it fits within the width of the grave.
One marker for each of the ashes interred may be placed at each grave in addition to the monument. The marker(s) shall be placed at the end of the grave farthest from the monument and shall not exceed 30.48cm x 45.72cm (12" x 18").
The minimum thickness for all flat markers including footstones is 10 cm (4 inches).
All markers and monuments shall be constructed of bronze, granite or marble. The bottom bed of all bases and markers shall be cut level and true.
RULES FOR MONUMENT DEALERS, CONTRACTORS AND WORKERS:
No monument or marker will be delivered to the cemetery without the proper paperwork. See Section VII.-E. for description of paperwork.
No monument or marker will be delivered to the cemetery until the foundation is completed and the contractor is ready to proceed with the work of erection.
No monument or marker will be removed without written permission from the manager.
All companies who do work in the Cemetery shall have Worker's Compensation coverage for their workers as well as sufficient liability insurance.
Contractors, masons and stone-cutters shall lay planks on the lots and paths over which heavy materials are to be moved, in order to protect the surface from injury.
There shall not be a variance of more than 1.27 cm (1/2 inch) in the size of the base required as stated on the work order and the size of the monument delivered.
The demeanour and behaviour of all workers employed by others in the cemetery shall be subject to the control of the Manager.
Workers shall cease work, if in the immediate vicinity of a funeral, until the conclusion of the service.
All work must be done during regular cemetery hours, unless by special permission of the Manager.
No work shall be commenced on Saturday that cannot be finished, and the litter and debris removed, by the hour of noon of that day.
Heavy loads shall not be permitted in the cemetery when the roads are in unfit condition.
No monument dealer shall park on the grass unless otherwise directed to do so by the Manager.
All implements and materials used in the performance of any work shall be placed where the Manager may direct, and all rubbish and surplus earth shall be removed when, and to where, and in such manner as the Manager may order. Otherwise the obstructions will be removed, and the expense charged to the monument dealer.
Permits for the use of the storage vault must be obtained from the Manager. In all cases when obtaining the permit, a deposit shall be paid sufficient to cover all expense of interment and vault rent for the time stipulated for the body to remain in the vault.
The Board may remove a body deposited in the vault and inter it in a single grave at any time after the expiration of the time for which payment has been made, or at any time should the condition of the body render its interment necessary or expedient.
All Funeral Homes and/or Interment Rights Holders should have proper insurance coverage for any bodies stored in the vault.
All bodies must be removed from the vault by the first of June each year.
The bodies of persons dying from contagious diseases cannot be admitted to the vault but must be interred.
The Manager reserves the right to determine if the weather conditions are adverse enough to prevent a burial. If it is necessary, the vault may be used at no extra charge until the weather conditions permit the interment.
All bodies stored in our vault must for health reasons be embalmed.
No body shall be placed in a reinforced cardboard container for storage. Only bodies placed in a wooden or steel casket may be stored.
All the general rules and regulations of the St. James Cemetery shall apply to the columbarium as far as the nature of the case permits.
A proper Certificate of Cremation must accompany all ashes before inurnment can take place.
No inurnment shall be made without the permission from the burial Rights Holder or a proper representative of the estate if the burial Rights Holder is deceased.
Compartments will be opened only by employees of the St. James Cemetery and sealed by them after an inurnment is made.
The cremated remains of not more than two persons shall be interred in any one niche.
It is advisable that, the name of the person for whom inurnment is intended, be registered on the books of the Directors, so that no complications may arise when request for inurnment is made.
No inurnment shall be permitted until all payments due to the Directors have been made.
Flowers, wreaths and designs placed against or near any part of the Columbarium that are liable to stain or deface the structure, will be removed.
No glass vases or other breakable item should be placed around the columbarium.
No flower designs of any kind will be placed on the columbarium.
No transfer of burial rights to a columbarium shall be valid until approved by and recorded in the books of the Directors. A transfer fee will be charged according to the fees set out in the Price List and according to the Cemeteries Act.
The size and type of inscription to be placed of the Niche shall be 1” sized letters in “Vermarco” style, also NO designs or insignia’s will be allowed on the niche.
RULES FOR VISITORS
Visitors are always welcome at the cemetery during the open hours, from 8:00 a.m. until sundown. They are asked to remember the respect due to the dead.
The Manager and his assistants are empowered and are required to preserve order and decorum in the cemetery.
No parades other than funeral processions shall be admitted to or be organized within the cemetery.
Children under the age of twelve years are welcome in the Cemetery grounds when accompanied by an adult, who shall be responsible for their good conduct and shall see that they do not run over the lots or climb upon the monuments.
No pleasure ATV's (all terrain vehicles) or snowmobiles are allowed in the cemetery.
Proprietors of vehicles and their drivers shall be held responsible for any damage done by them.
Discharging of firearms, other than in regular volleys at burial services is prohibited in and around the cemetery.
No dogs or other pets shall be allowed in the cemetery.
No picnic party shall be permitted in the cemetery grounds.
Any person who, in the cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a cemetery is liable to the St. James Cemetery and any Interment Rights Holder who, as a result, incurs damage. The amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.
Any complaints by Interment Rights Holders or visitors should be made to the Manager and not to workers on the grounds and controversies with workers or others on the grounds are to be avoided.
Rubbish shall not be thrown out on roads, walks or any part of the grounds, but must be removed by owner.
Any person disturbing the quiet and good order of the cemetery by noise or other improper conduct or who violates these by-laws, must be expelled from the grounds.
Any article which is detrimental to efficient maintenance or constitutes a hazard to machinery, employees or visitors, or is unsightly or does not conform to the natural beauty or design of the cemetery, may be removed by the cemetery. An article removed will be held at the cemetery for collection. If not collected, it will be disposed of after 60 days.
No tips or gratuities are to be given to cemetery workers by visitors or Rights Holders, nor shall any be accepted by any cemetery worker.