By Laws

This bylaw was adopted by the Baptist Cemetery Board on May 17, 2012 and has been approved by the Registrar of Cemeteries of Ontario.

The Board may from time to time amend or update the bylaw.

A bylaw to provide for the safe and efficient operation of the Lillies Baptist Cemetery pursuant to the Funeral, Burial and Cremation Services Act (2002), and its regulations.

1)   Definitions

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

“Board” or “Cemetery Board” means the Board of Trustees of the Lillies Baptist Cemetery or its authorized agent, the Secretary-treasurer.

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

“Certificate of Interment Rights” means the certificate issued by the Board to the purchaser of interment rights.

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

“Contract” means the contract for the purchase of interment rights, scattering rights or other supplies and services offered by the Board.

“Interment Rights” includes the right to require or direct the interment of human remains or cremated human remains in a lot and shall include the right to require or direct the scattering of cremated human remains on the lot.

“Interment Rights Holder” means any person or persons to whom the Board has issued a Certificate of Interment Rights with respect to a lot and includes a purchaser of interment rights under the Act or a predecessor of that Act.

“Lot” means any grave or other area of land in the Cemetery containing, or set aside to contain human remains of one adult.

“Marker” means any monument, tombstone, plaque, headstone, cornerstone or other structure or ornament affixed to or intended to be affixed to a burial lot intended for the deposit of human remains. For the purpose of this by-law, an 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.

“Ministry” means the Ministry of Consumer Services for Ontario, or its lawful successors.

“Plan” means the geographic sketch or plan of the cemetery, approved by the Ministry of Consumer and Business Services for Ontario.

“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.

2)   Interment rights may be sold only by the Cemetery Board or its authorized agent, the Secretary-treasurer.

3)   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.

4)   The Cemetery Board shall provide each Interment Rights Holder at the time of sale with:

  1. a)   a copy of the contract;
  2. b)   a copy of the Cemetery bylaws;
  3. c)   upon payment in full, a Certificate of Interment Rights.

5) Interments in any lot in the Cemetery shall be limited to one full burial and a maximum of three cremated remains.

6) Transfer and Resale of Interment Rights

  1. a) Interment rights can transferred by sale, gift or bequest.
  2. b) To ensure accuracy of the Register, no Transfers of any Interment Rights or any interest therein shall be binding upon the Cemetery Board, unless application for the Transfer has been submitted, including necessary supporting documentation, and the original Certificate of Interment Rights returned. Upon receipt of such application and payment of the prescribed fee, the Transfer shall be made and a new certificate of Interment Rights issued.
  3. c) An Interment Rights Holder may sell or give his/her interment rights to a third party in accordance with the Act. The Interment Rights Holder must notify the Board or its agent of the sale or gift and apply for a transfer of the interment rights as outlined in sections d) and e).
  4. d) Upon receipt of the certificate of the original Interment Rights Holder with proof of transfer and upon payment of the fee set out in the tariff schedule the Board will issue a certificate of Interment Rights to the new Interment Rights Holder.
  5. e) In cases of Transfer by Will or bequest, the Board reserves the right to require the production of a notarized copy of the Will or Certificate of Appointment of Estate Trustee or other evidence sufficient to prove ownership or authority to deal with the Interment Rights. Upon payment of the fee set out in the tariff schedule the Board will issue a certificate of Interment Rights to the new Interment Rights Holder.
  6. f)   The Board may, at its discretion, repurchase interment rights according to the provisions of the Act. Monies deposited in the Care and Maintenance Fund will not be refunded.

7) Pursuant to the Act, any Interment Rights that are sold and not used for interment purposes after a twenty-year period may be considered abandoned. The Cemetery Board may apply to the Registrar appointed under the Act for a declaration that the Interment Rights are abandoned after making inquiries and giving reasonable notices to find the Interment Rights Holders or beneficiaries. Upon being satisfied the rights are abandoned, the Registrar shall issue a declaration to that effect. If there is no appeal by the end of the time period allowed for appeal, the Cemetery may resell the Interment Rights.

8) Interment Rights Holders are required to provide timely written notice to the Cemetery Board of any change of mailing address.

9)   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.

10)   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. 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.

11) No person shall inter cremated human remains in the Lillies Baptist Cemetery without first obtaining a Certificate of Interment Rights.

12)   Except under special circumstances, notice must be given to the Cemetery Board at least 24 hours prior to each interment or disinterment. The opening and closing of all graves is to be done by a person or persons designated by The Board and under the supervision of The Board.

13) No human remains shall be moved or disinterred without the written consent of the local Medical Officer of Health and the Interment Rights Holder except on an order of the court or as provided in the Act.

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

15) 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.

16) Monuments, markers or other structures, decorations or any inscriptions must, in the opinion of the Board, be in keeping with the dignity and decorum of the Cemetery.

17) No tree, shrub, or perennial plant shall be planted on the Cemetery grounds except in a location designated by the Board. If any trees or shrubs situated in any lot become by means of their roots, branches, or in any other way detrimental to the adjacent lots, or prejudicial to the general appearance of the grounds, the Board may, after thirty days of giving notice to the Interment Rights Holder may remove such trees or shrubs or parts thereof.

18) Flowers, wreaths or decorations shall be placed at the side of the monument on each plot and not over the grave.

19)   The installation of borders, fences, railings, walls or hedges in or around any Lot is prohibited. Nails, wires, wooden crosses, toys, loose stones, or articles of glass or pottery or any other material that may create a hazard to visitors and workers and are not allowed in the Cemetery.

20) 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.

21) No glass or ceramic containers of any kind are allowed in the Cemetery at any time.

22) No person shall do any work on any lot or monument in the Cemetery without written authorization of the Interment Rights Holder.

23) No person shall do any work on any lot or monument in the Cemetery without first notifying the Cemetery Board.

MONUMENTS

24) It is the responsibility of the Interment Rights Holder to install or have installed on the lot, corner markers, as soon as possible after the purchase of interment rights.

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

26) No person shall erect, install or cause to be erected or installed any marker or monument without first paying the applicable fee prescribed by the Act and set out in the tariff schedule. The fee shall be paid to the Cemetery Board and deposited in the Care and Maintenance Fund.

27) Each monument or marker shall be set upon an adequate concrete foundation; upright monuments shall be set upon a concrete foundation of at least five feet (1.66 metres) in depth.

28) Any monument which is not flush with the ground shall be placed on a concrete foundation which is larger by two inches (5 cm.) on each side than the marker base.

29) No person shall erect, install or cause to be erected or installed any monument more than five feet (1.66 metres) in overall height without first obtaining the permission of The Board.

30) No person shall erect, install or cause to be erected or installed any crypt or mausoleum in the Lillies Baptist Cemetery.

31) Vehicles

  1. a) The Board reserves the right to restrict access of vehicular traffic to the Cemetery at any time.
  2. b) 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.
  3. c) Proprietors of vehicles and their drivers shall be held responsible for any damage done by them.
  4. d) Off road motorized vehicles, such as dirt bikes, all terrain vehicles and snowmobiles, are not allowed in the Cemetery.
  5. e) No person shall drive a vehicle in the Cemetery when the road is blocked off by barriers.

32) This bylaw comes into effect on July 1, 2012.

33) This bylaw repeals all former bylaws passed by the Board of Trustees of the Lillies Baptist Cemetery Board.