Cemetery By-Laws

A by-law to provide for the safe and efficient operation of the Lillies Cemetery, a cemetery owned and managed by the Baptist Cemetery Board, pursuant to the Funeral, Burial and Cremation Services Act (2002), and its regulations.

A) DEFINITIONS

“Act” means the Funeral, Burial and Cremation Services Act (2002), including its amendments and regulations.

“Board” or “Cemetery Board” means the Baptist Cemetery Board or its authorized agent.

“Burial/Interment” means the opening of a grave in the ground and then the placing of a dead human body or the remains of a cremated human body in that grave, followed by closing the grave. Burial or interment may also mean the opening and closing of a niche in a columbarium.

“By-laws” The rules under which the cemetery operates.

“Care and Maintenance Fund” The FBCSA, O. Reg. 30/11 and O. Reg. 184/12 require that an amount of money, that is the greater of a minimum prescribed amount and a percentage of the purchase price (excluding tax) of all interment and scattering rights sold, transferred or assigned; and prescribed amounts for monuments and markers, be contributed into the operator’s care and maintenance trust fund. Interest earned from this Care and Maintenance Fund is used to cover the costs of care and maintenance of the cemetery, including markers and monuments, in perpetuity.

“Cemetery” means the lands and properties known collectively as Lillies Cemetery, located at 344 Highway # 15 in the Township of Leeds and the Thousand Islands.

“Certificate of Interment Rights” means the document issued by the Cemetery Board to the purchaser once the interment rights to a specific lot have been paid in full, identifying ownership and authority over those specific interment rights

“Certificate of Scattering Rights” means the certificate issued by the Cemetery Board to the purchaser of scattering rights.

“Columbarium” means a structure intended for the storage of cremated human remains in sealed niches.

“Contract” means a written contract between the Cemetery Board and the purchaser of interment or scattering rights or other cemetery supplies and services. Purchasers shall receive a copy of the signed contract detailing the obligations of both parties and acknowledging 1. Receipt of the cemetery by-laws, 2. A copy of the BAO’s publication A Guide to Death Care in Ontario (“Consumer Information Guide”) and 3. The operator’s current price list.

“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 or a plot.

“Cremated Remains” means all recoverable skeletal bones of a dead human body that remain after cremation. Reference to “cremated remains” in these by-laws is understood to include remains derived from the process of hydrolysis.

“Interment Rights” means the right to require or direct the interment or disinterment of human remains or cremated human remains in a grave, lot, niche or crypt and to authorize the installation (and inscriptions) of a monument or marker.

“Interment Rights Holder” means the person(s) authorized or entitled to authorize the interment of human remains in a specified lot. They may be the person named in the Interment Rights Certificate or such other person to whom the rights have been assigned.

“Lot” means an area of land in a cemetery containing, or set aside to contain, interred human remains and includes a tomb, crypt or compartment in a mausoleum and a niche or compartment in a columbarium and any other similar facility or receptacle.

“Marker” means any permanent memorial structure – upright monument, flat marker, plaque, headstone, cornerstone or other structure or ornament affixed or intended to be affixed to a burial lot, columbarium niche or other structure or place intended for the deposit of human remains and may be used to indicate the location of a burial.

  • “Upright Marker” shall be understood to mean any permanent memorial projecting more than 10 cm (4 in) above the ground.
  • “Marker Die” is the portion of a flat or upright marker which is engraved.
  • “Marker Base” is the portion of the upright marker which is below and supports the die and which is itself supported by the foundation.
  • “Marker Foundation” is the concrete on which the “Marker Base” sits in an upright marker and is below the die of a flat marker if it is installed.
  • “Floating Monument” is any marker set flush with the ground and not supported by a concrete foundation.

“Ministry” means the Ministry of Business and Service Delivery and Procurement (MBSDP).

“Niche” means an individual compartment in a columbarium for the entombment of cremated human remains.

“Opening and Closing Fee” means the fee charged by the cemetery operator to excavate a grave for an interment and then refill the grave, or to open and re-seal a niche or crypt for the entombment of a casket or urn with cremated remains.

“Plan” means the geographic sketch or plan of the cemetery, filed and/or approved by the Bereavement Authority of Ontario (BAO).

“Plot” means two or more lots in respect of which the rights to inter/bury have been sold as a unit.

“Register” means electronic or written records maintained by the Cemetery Board in accordance with the Act.

“Registrar” means the Registrar appointed under the Act.

“Scattering Grounds” means the land within the Cemetery that is set aside to be used for the scattering of cremated human remains.

“Scattering Rights” includes the right to require or direct the scattering of cremated human remains on the scattering grounds of the Cemetery.

“Scattering Rights Holder” means the person who holds the scattering rights with respect to a scattering ground whether the person be the purchaser of the rights or the person named in the certificate of scattering.

“Tariff” means the schedule of fees and charges as set out from time to time by the Cemetery Board.

“Transfer” means to make a gift, bequest or other transfer of Interment Rights.

B. GENERAL INFORMATION

Hours of Operation:
The Cemetery grounds are private property and are closed to the public from dusk on each day until dawn of the following day.

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 should conduct themselves in a quiet manner that shall not disturb other visitors, or any service being held.

No child under twelve years of age is admitted to the Cemetery grounds except when accompanied by an adult, who shall be responsible for the child’s conduct.

By Law Amendments:
The cemetery shall be governed by these by-laws, and all procedures will comply with the FBCSA and O. Reg. 30/11 and 184/12, which may be amended periodically. All by-laws and by-law amendments are subject to the approval of the Registrar, FBCSA, BAO and do not come into force until approval is received.

Liability:
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, mausoleum crypt, monument, marker, or other article that has been placed in relation to an interment or scattering right, except for loss or damage caused by gross negligence of the cemetery operator.

Correction of Interment Errors:
In case of an error made by the cemetery operator during an interment, disinterment or removal, or in the transfer of any interment rights for a lot, plot, crypt or niche, the cemetery operator reserves the right to correct the error, and will take the following action, in consultation with the interment rights holder or their authorized representative:

  • In the case of a transfer of interment rights, cancel such transfer and substitute and grant in lieu thereof other interment rights such as lot, plot, crypt or niche of equal or greater value and similar location as far as is reasonably possible and as may be selected by the cemetery operator, in its sole and absolute discretion, or refund a portion or all the money paid on account of the purchases of said interment rights, as shall be determined by the cemetery operator.
  • In the event of any such error that may involve the interment or disinterment or removal of the remains of any person or persons in any lot, plot, crypt or niche, the cemetery operator, upon written notification of the interment rights holder and the Medical Officer of Health, as necessary, may disinter and re-inter the remains in such other lot, plot, grave, crypt or niche of equal or greater value and similar location as may be substituted and granted in lieu thereof.

Public Register:
As required by the FBCSA, all cemetery and crematorium operators must maintain a public register that is available to the public for review during regular office hours or by appointment, and without charge.

Pet Interments:
Full body or cremated pet remains are not allowed to be interred or scattered anywhere 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 and consent from the Registrar, FBCSA, BAO, where necessary.

Vehicles:
The Board reserves the right to restrict access of vehicular traffic to the Cemetery at any time.

The drivers of all vehicles entering the Cemetery shall obey the instructions of the Board or its agent and shall keep to the established roadway.

Proprietors of vehicles and their drivers shall be held responsible for any damage done by them.

Off road motorized vehicles, such as dirt bikes, all-terrain vehicles and snowmobiles, are not allowed in the Cemetery.

No person shall drive a vehicle in the Cemetery when the road is blocked off by barriers.

C. PURCHASE OF INTERMENT AND SCATTERING RIGHTS

The purchase of interment/scattering rights is not a purchase of real estate or real property. Interment or scattering right holders acquire only the right to direct the burial of human remains and the scattering of cremated human remains, and the installation of monuments, markers, and inscriptions, subject to the conditions set out in these cemetery by-laws. No burial, entombment, scattering, or installation of any monument, marker, inscription, or memorialization is permitted until the interment rights have been paid in full and the interment/scattering rights certificate has been issued. Interment rights may be sold only by the Cemetery Board or its authorized agent, the Secretary-treasurer.

In accordance with the FBCSA and regulations, the purchaser of interment or scattering rights must enter into a contract with the cemetery operator, providing such information as may be required by the cemetery operator for the completion of the contract and the public register. The purchaser will receive:

  1. A copy of the contract
  2. A copy of the cemetery by-laws
  3. A copy of the price list
  4. The BAO’s publication A Guide to Death Care in Ontario, also known as the “Consumer Information Guide.”

The interment/scattering rights certificate will be forwarded to the person(s) listed as the interment/scattering rights holder(s) in the contract, after full payment is received.

Opening and Closing of Graves or Lots:
The opening and closing of graves, crypts and niches may only be conducted by the Board and under the supervision of The Board or those designated to do work on behalf of the cemetery. For scattering of cremated remains, cemetery staff must be present.

The cemetery retains the right of passage over every grave so that the cemetery operations may be performed effectively.

The cemetery reserves the right to temporarily relocate a monument or marker if required to open and close a lot. The cemetery may also temporarily place the removed soil on an adjacent lot while an interment or disinterment is being carried out. The cemetery will make reasonable efforts to restore all lots after the interment or disinterment has been completed.

Remains must be delivered to the cemetery for interment in a closed casket or rigid container. Bodies delivered or presented only in a shroud must be supported on a rigid structure. All prices for interment rights and cemetery services shall be as set out in the most recent tariff schedule. The schedule shall specify what portion of the price is to be deposited in the Board’s Care and Maintenance Fund.

Notice Required:
The cemetery requires 24 hours’ notice for each interment and/or disinterment of human remains or scattering of cremated human remains. Interment Rights Holders are required to provide timely written notice to the Cemetery Board of any change of mailing address.

Interments or disinterments will not be scheduled on weekends or holidays unless special arrangements have been made and approved by the cemetery operator. Additional fees may be charged on these days.

The cemetery will make every effort to provide interments as booked, but in the interest of public safety, should an extreme weather event occur that may make the cemetery unsafe, the cemetery operator may be forced to prevent an interment from occurring. Should this occur, the cemetery operator will make every effort to rebook the interment as soon as possible.

Authorization, Information and Documents Required for a Burial or Scattering:
The following items are required before an interment or scattering can take place:

Contract: For each burial or entombment of human remains, or each scattering of cremated human remains, the purchaser or rights holder(s) must enter into a contract as described above in Purchase of Interment Rights.

Written Permission of Interment Rights Holder(s): Interment rights holder(s) may be required to provide identification and written direction and authorization prior to a burial, scattering, or entombment taking place. Should the rights holder(s) be the deceased, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder in keeping with the Succession Law Reform Act (i.e., Estate Trustee or authorized next of kin).

Proof of Registration of Death: A burial permit issued by the Registrar General (or equivalent document for deaths that occurred outside the province of Ontario) showing that the death has been registered must be provided to the cemetery operator prior to an interment taking place.

Interment or Scattering of Cremated Remains: A Certificate of Cremation must be submitted to the cemetery operator prior to the burial or scattering of cremated remains.

Payment: Interment/scattering rights and all services must be paid for in full to the cemetery operator before a burial or scattering may take place.

Scattering of Cremated Remains: No scattering of cremated remains shall be done on any lot without the written permission of the Interment Rights Holder or his/her authorized representative. The process of scattering cremated remains is irreversible, therefore scattered cremated remains cannot be retrieved.

Burial Allowances for a Single Lot:
Any lot designated for full body burial shall permit a maximum of four (4) interments in total, consisting of one (1) full body burial and up to three (3) cremated remains. No interment of human or cremated remains shall be done in a lot without the written permission of the Interment Rights Holder or his/her authorized representative.

Where cremated remains are interred prior to casket interment(s), all attempts will be made to locate and temporarily remove urns to facilitate casket burials. For better retrievability of the cremated remains, they should be in an urn or container that is non-biodegradable and is not breakable (urn vaults are not mandatory but are recommended). There is no guarantee that cremated remains interred in a biodegradable urn or without an urn vault can be retrieved. The cemetery operator is not responsible if there is an issue or failure with the urn or container and there is a leakage of the cremated remains which may not be recoverable. Cremated remains disinterred in advance of a full body burial will be temporarily stored in a secure location, which will be documented by the cemetery operator. There may be additional costs for the cremated remains disinterments as part of the casket opening & closing costs (please see the cemetery price list). Please also see further provisions under the Disinterments section.

D. CANCELLATION OF INTERMENT OR SCATTERING RIGHTS

WITHIN THE 30-DAY COOLING OFF PERIOD

A purchaser has the right to cancel a contract for interment or scattering rights within thirty (30) days of signing the interment or scattering 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. However, if any portion of the interment/scattering rights purchased in this contract have been exercised, the contract is deemed to have been fulfilled, and the rights holder no longer has the right to cancel the contract and receive a refund for the rights purchased.

E. RESALE, CANCELLATION OR TRANSFER OF INTERMENT OR SCATTERING RIGHTS AFTER THE 30-DAY COOLING OFF PERIOD

RESALE OF INTERMENT/SCATTERING RIGHTS IS PERMITTED
The rights holder has the right to sell their interment/scattering rights to a third party before the rights are exercised, at an amount that is no greater than the price of those rights as indicated on the cemetery’s current price list at the time of resale. Before reselling the rights, the rights holder may first inquire whether the cemetery operator is willing to repurchase the rights at a negotiated price. Any resale of interment rights shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA and Ontario Regulations.

Requirements for Third-Party Resale:
Upon selling the rights to a third-party purchaser, the rights holder must provide the third-party purchaser the following:

  • The interment/scattering rights certificate endorsed with the following:
    • A statement signed by the rights holder selling the rights, acknowledging the sale to the third-party purchaser.
    • A signed confirmation by the cemetery operator that the person selling the rights is shown as the rights holder in the cemetery’s records.
    • The date on which the rights were sold to the third-party purchaser.
    • The name and address of the third-party purchaser.
    • A statement of any money owing to the cemetery operator in respect to the rights.
  • A written statement of the number of lots/scatterings that have been used in the plot/scattering grounds to which the rights relate and the number of lots/scatterings that remain available.
  • Any other documents in the rights holder’s possession relating to the rights.
  • A copy of the current cemetery by-laws.

After the rights holder sells the rights to a third-party purchaser but before the purchaser exercises those rights, the purchaser must provide the cemetery operator with the endorsed certificate and any other information that the cemetery operator requires to issue a new certificate in relation to the rights.

Upon completion of the above listed procedures, and upon the issuance of the new interment or scattering rights certificate, the third-party purchaser shall be considered the current interment or scattering rights holder(s) and the purchase of the interment or scattering rights via the resale shall be considered final in accordance with the cemetery by-laws and the FBCSA.

Transfer of Interment Rights
If the rights holder transfers the rights to another person for no consideration (no money), the same obligations described above apply, with necessary modifications, to the rights holder and the transferee.

Administration fee for resale or transfer
In the case of a resale or transfer of rights, an administration fee applies for the cemetery operator to issue a new rights certificate to the third-party purchaser or transferee, as applicable. The fee, which is set out on the cemetery price list, is also charged for replacement of lost or damaged certificates.

Abandoned Interment Rights
Pursuant to the Funeral, Burial and Cremation Services Act, 2002, interment rights that have not been exercised within twenty (20) years from the date of sale may be subject to an application to the Registrar to be declared abandoned. The Cemetery Board may apply for such a declaration after making reasonable efforts to locate and notify the Interment Rights Holder(s) or any beneficiaries in accordance with the legislation.

If the Registrar is satisfied that the interment rights are abandoned, a declaration will be issued. Where no appeal is filed within the prescribed timeframe, the Cemetery may resell the interment rights. Lots and monuments which are not currently covered by the Care and Maintenance Fund can be covered upon payment of the fee set out in the tariff.

F. DISINTERMENT

Human remains may be disinterred from a lot with the written consent of the interment rights holder and prior notification to the local Medical Officer of Health. Notification to the local Medical Officer of Health is not required for the disinterment of cremated remains.

In some circumstances, the disinterment of human remains may be ordered by one or more public officials (e.g., Court Order, Coroner’s Office etc.) and will take place without the consent of the interment rights holder(s) and/or next of kin.

The cemetery is not responsible for damage to any casket, urn, container or vault which may occur during a disinterment. Additionally, due to the length of time that a casket, urn, container or vault has been interred and the conditions to which it has been exposed, the cemetery cannot guarantee that it can retrieve the complete casket, urn, container or vault interred in the cemetery. Should a new casket, urn or container be required at the time of disinterment, it shall be at the expense of the party authorizing the disinterment. Additionally, the cemetery operator has the right to request that a licensed funeral director be present for the disinterment at the expense of the party authorizing the disinterment.

Disinterments will be scheduled at a day and time designated by the cemetery operator. The cemetery operator reserves the right to close the cemetery or the section where the disinterment is to take place. Only those persons required or permitted by the cemetery to attend a disinterment shall be allowed to enter the cemetery or the section involved during a disinterment.

If reinterment does not take place within the same lot and if existing memorialization (monument, marker, niche front or crypt front) needs to be removed, it will be at the expense of the person authorizing the disinterment.

Once a disinterment has been completed, the lot space shall be considered available to the interment rights holder for a new interment, transfer or resale in accordance with these by-laws. If the grave, niche or mausoleum space from which a disinterment has occurred, is transferred or resold, the new interment rights holder must be made aware of the previous disinterment and agree in writing to such knowledge as part of the transfer or resale agreement.

G. MEMORIALIZATION

No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full and/or written consent is obtained from the cemetery operator.

No person shall erect or install any monument, marker or foundation without first contacting the Cemetery Board to ascertain the proper location.

No person shall erect, install or cause to be erected or install any marker or monument without first paying the applicable fee prescribed by the Act and its regulations. The fee shall be paid to the Cemetery Board and deposited in the Care and Maintenance Fund. 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. Monuments are intended to memorialize individuals who are buried in the Cemetery. Monuments shall not be used to promote or advertise any group, association, club or cause.

It is the responsibility of the Interment Rights Holder to install, or arrange for the installation of, corner markers on the lot as soon as reasonably possible following the purchase of interment rights.

Upright monuments (i.e., not flush with the ground) shall be placed within 24 inches (60 cm) of the top of the lot. Any marker or monument not located within this area must be flush with the ground, shall be a minimum of four (4) inches in thickness, and must be made of granite or a similar stone. Only one such flush marker is permitted per lot.

Upright monuments shall be set upon a concrete foundation of at least five feet (1.66 metres) in depth.

No person shall erect, install or cause to be erected or install any monument more than five feet (1.66 metres) in overall height without first obtaining the permission of The Board. Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered normal wear and tear.

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 unless it is as a result of negligence by the cemetery.

Memorials – monuments, markers, plaques etc. are owned by the interment rights holder and the cemetery operator is not responsible for their loss or deterioration. Interment right holders may wish to consider adding memorials to their own insurance coverage.

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 to remove the risk.

H. CEMETERY CARE AND MAINTENANCE

A portion – 40% or a minimum legislatively prescribed amount, of the price of interment or scattering rights must be deposited and trusted into the cemetery’s Care and Maintenance Fund.

The income generated from this trust fund is used to maintain, secure and preserve the cemetery grounds and markers in perpetuity. Services that can be provided through this fund include:

  • Lawn care, re-leveling 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
  • Maintenance of mausoleums and columbariums
  • Repairs and general upkeep of cemetery maintenance buildings and equipment
  • To the extent that income from the Care and Maintenance Fund permits, the cemetery operator will stabilize and secure markers and monuments within the cemetery.

I. FLORAL TRIBUTES AND CARE & PLANTING

Flowers placed on a grave at the time of a funeral shall be removed by cemetery staff after a reasonable period to protect the sod and maintain the tidy appearance of the Cemetery.

Fresh cut flowers and potted plants are permitted year-round and must be placed in a designated planting area or in a non-breakable, non-corrosive vase adjacent to the memorial. Flowers or plants that become unsightly, as well as empty containers, may be removed and disposed of by the Cemetery Operator without notice.

Flowers, wreaths, or decorations shall be placed at the side of the monument on each lot and not directly on the grave.

Floral tributes consisting of fresh cut flowers are permitted at the columbarium, provided they do not obstruct adjacent niches. No items shall be placed or affixed to the face, niche front, or top of the columbarium. Wreaths and artificial arrangements are prohibited in columbarium areas. Unsightly items will be removed without notice.

No person other than cemetery staff shall remove sod or otherwise alter the surface of a burial lot.

No person shall perform any work on a lot or monument without the written authorization of the Interment Rights Holder and prior notification to the Cemetery Board.

No trees, shrubs, or perennial plants shall be planted on Cemetery grounds except in locations designated and approved by the Board.

Where any tree or shrub becomes detrimental to adjacent lots, interferes with maintenance, or negatively impacts the overall appearance of the Cemetery, the Board may, upon providing thirty (30) days’ notice to the Interment Rights Holder, remove or trim such vegetation, in whole or in part. The removal of plant material may also be necessary for the opening of a grave. The Cemetery Operator shall not be held liable for such removal.

J. 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 from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery.

Prohibited Articles:
The following articles are not permitted on any lot within the Cemetery: Items made of hazardous materials, including non-heat-resistant glass (excluding glass affixed to monuments), ceramics, and corrosive metals; loose stones or sharp objects; and any materials that may pose a risk to visitors or staff. The installation of borders, fences, railings, walls, or hedges in or around any lot is prohibited. Items such as nails, wires, wooden crosses, toys, and articles of glass or pottery that may create a safety hazard are also not permitted. The cemetery operator reserves the right to remove and dispose of any article deemed prohibited without notice. Please contact the cemetery for clarification prior to purchasing or placing any articles on a lot.

The Cemetery Board 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 that it deems such removals to be in the best interest of the Cemetery. Articles placed on lots are the sole responsibility of the interment rights holder(s). The cemetery operator cannot be held responsible for the loss or damage of any articles placed within the cemetery.

K. COLUMBARIUM BY-LAWS

Only the cemetery operator or a designated representative 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 or a designated representative shall remove or alter niche fronts.

The total number of cremated remains that may be placed in any niche is two (2).

Any urn which is too large to fit within the niche will not be interred in the columbarium.

Small Family Columbarium: Small family columbarium installed in the cemetery must conform to the following criteria:

  • Overall height shall be less than 4’ 0” (1.22 metres);
  • Overall length shall be less than 4’ 0” (1.22 metres) and width less than 2’ 0” (.61 metre)
  • There shall be a maximum of two niches intended to hold four cremated remains.

A small family columbarium shall be installed on lots purchased for that purpose only. Unless otherwise specified in the contract for interment rights, no in-ground burials are permitted on the lots.

No person other than cemetery staff or a designated representative shall remove or alter niche fronts in a small family columbarium.

L. CONTRACTOR/MONUMENT DEALER BY-LAWS

Any contract work to be performed within the cemetery (including but not limited to landscaping, delivery and installation of monuments and markers, inscriptions) requires written pre-approval of the interment rights holder and the cemetery operator before the work may begin. Pre-approval documents include design 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:

  • WSIB coverage
  • Occupational Health and Safety compliance standards
  • Environmental Protection
  • WHMIS
  • Evidence of liability insurance of not less than $2 million

These cemetery by-laws apply to all contractors and all work carried out by contractors within the cemetery grounds.

No work will be performed at the cemetery except during the regular business hours of the cemetery. Contractors, monument dealers and suppliers shall not do any work in the cemetery in the evening, weekends or statutory holidays, unless prior approval has been granted by the cemetery operator.

The cemetery operator 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 shall temporarily cease all operations if they are working within 100 metres of a funeral until the conclusion of the service.

To protect the grounds from surface damage, contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved.

For the safety of all visitors and staff, all work sites must be secured when left unattended. Contractors working within the cemetery must remove all implements, equipment and garbage from the cemetery at the end of each workday and at the conclusion of the work.

M. BY-LAW APPROVAL:

This bylaw repeals all former by-laws passed by the Baptist Cemetery Board. These by-laws are the rules that govern the operations of Lillies Cemetery 344 Highway # 15, Seeley’s Bay, Ontario They are in compliance with the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), Ontario Regulation 30/11 (O. Reg. 30/11) and Ontario Regulation 184/12 (O. Reg. 184/12), and have been approved by the Registrar, FBCSA, Bereavement Authority of Ontario (BAO) (“the Registrar”).

This by-law comes into effect on September 04, 2026.

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