CORPORATION OF THE MUNICIPALITY OF TRENT HILLS

BY-LAW 2013-48

being a bylaw for the Management, Regulation & Control of Cemeteries

and to repeal By-law 2008-09 as amended

WHEREAS pursuant to Section 50(2) of the Cemeteries Act, R.S.O., 1990, Chap. C.4 (Revised) an owner of a cemetery or crematorium may make by­laws affecting the operation of the cemetery or crematorium;

AND WHEREAS the Corporation of the Municipality of Trent Hills is the owner of cemeteries;

AND WHEREAS it is deemed desirable to repeal By-law 2008-09, as amended;

NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF TRENT HILLS ENACTS AS FOLLOWS:

1. THAT the articles hereto attached as schedule "A" forms part of this by­law;

2. THAT this by-law be known as the Cemetery By-law;

3. THAT By-law 2008-09, as amended is hereby repealed upon approval of this by-law by the Ministry of Small Business and Consumer Services;

4. THAT this by-law shall not come into force and effect until approved by the Ministry of Small Business and Consumer Services;

By-law 2013-48 be introduced and deemed to be read a first, second and third time, passed and properly signed and sealed this 6th day of August, 2013.

Hector Macmillan (Mayor)

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SCHEDULE 'A'

Article 1 DEFINITIONS, APPOINTMENTS, AND DUTIES

1.1 Definitions

"By-law" means the rules under which the Corporation of the Muncipality of Trent Hills owned cemeteries operate.

"Care and Maintenance Fund" means the trust fund in which all monies received by the Corporation of the Municipality of Trent Hills for perpetual care of lots or plots and markers has been invested ;

"Cemetery" means lands set aside and approved for the interment of human remains and includes a mausoleum, columbarium, scattering garden, chapel or other similar structures;

"Cemeteries Act" means Funeral , Burial and Cremations Services Act, 2002 of the Revised Statutes of Ontario 1990 and the regulation there under;

"Cemetery Services" means the following services in respect to a lot or plot; (i) Opening and closing of a lot or plot; (ii) Interring or disinterring human remains; (iii) Providing temporary storage in a receiving vault; (iv) Placement of flat cremation markers; (v) Setting of corner stones;

"Clerk" means the Clerk of the Corporation of the Municipality of Trent Hills. ;

"Corner Stones" means any stone made of granite, marble or bronze markers set flush with the surface of the ground and used to indicate the corners of a lot or plot;

"Council" means the muncipal council of the Corporation of the Municipality of Trent Hills;

"Disinter" means the removal of the body or human remains of a human being from a lot or plot;

"Interment" means the burial of the body or human remains of a human being in a lot or plot;

"Interment Rights" is the right to require or direct the interment of human remains in any lot or plot;

"Interment Rights Certificate" means the certificate issued to the interment rights holder by the Corporation of the Municipality of Trent Hills and includes the name of the interment rights holder, the location of the lot or plot, the date on which the interment rights are purchased , the amount paid by the purchaser, the amount deposited into the care and maintenance fund and a statement regarding transfer restrictions of said interment rights;

"Interment Rights Holder" means a person with interment rights with respect to a lot or plot and includes a purchaser of interment rights under the Cemeteries Act;

"Lot" means an area of land containing or set aside to contain human remains;

"Manager" means caretaker(s) of the cemeteries or designate;

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"Marker" means a flat structure affixed to or intended to be affixed level to the ground on a lot or plot for the memorialization , or for the deposit of human remains;

"Monument" means any monument, tombstone, headstone, or other similar structure affixed to or intended to be affixed to a lot or plot for the memorialization , or for the deposit of human remains that is projected above the ground;

"Municipality" means the Corporation of the Municipality of Trent Hills;

"Plot" means two or more lots in which the rights to inter have been sold as a unit;

"Secretary" means the person appointed by Council to act as secretary and liaision person with the public for the purpose of answering inquiries about the cemetery and who shall keep all cemetery records and ensure all records and funds are submitted to the Clerk;

"Tariff of Rates" means the tarrif or rate set forth in the Corporation of the Municipality of Trent Hills fee by-law cemeteries section, as approved by Council ;

"Treasurer" means the Treasurer of the Corporation of the Municipality of Trent Hills.

1.2 Appointments

Council shall appoint a Manager of Cemeteries and assistants, as required .

1.3 Duties

The Manager of Cemeteries and/or assistants shall perform the duties set out in Section 1.4 through 1.8.

1.4 Applicable Law

Observe and carry out all the provisions of this Chapter and of the Cemeteries Act (the Revised Statutes of Ontario 1990, Chapter C.4) and the regulations made there under.

1.5 Cemetery Services Perform all cemetery services in the cemeteries.

1.6 Funerals

Be readily available at all funerals held in the cemeteries and fill in all lots after interment services.

1.7 Maintenance

Attend to the regular and proper maintenance of the cemeteries.

1.8 Other Duties

Perform such other duties as directed by Council.

Article 2 ADMINISTRATION

2.1 Administration

The owner of the cemetery is the Corporation of the Muncipality of Trent Hills.

Municipal Council shall appoint staff for the administration, management, care , maintenance and improvements of the cemeteries, as required .

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The Cemetery Secretary and the Clerk for the Municipality of Trent Hills shall keep such registers, records and books as are necessary for properly recording all matters, acts, interment rights certificates and matters pertaining to the cemeteries as come within their respective jurisdiction and as may be prescribed .

The Cemetery Secretary shall make and render such reports as may be prescribed or as Council may require.

The Municipality shall take reasonable precautions to protect the property of interment rights holders but they assume no liability or responsiblity for the loss of, damage to or any article of any type that is placed on any lot or plot.

The Municipality of Trent Hills distinctly disclaims all responsibility for loss or damage from causes beyond their control.

The Municipality reserves the right to plan and design the Beautification Program.

Article 3 RULES AND REGULATIONS

3.1 Entry - Limitations

No person shall enter the cemeteries except through an established gate(s), nor shall they enter or be within any cemetery after 9 pm and before 6 am April 15 -December 1. The cemeteries are closed from December 1-April 15 of each year. Police constables and authorized Municipality staff are exempt and are required to preserve order and decorum in the cemeteries.

3.2 Adult Supervision

Children must be accompanied by an adult responsible for their conduct while on cemetery grounds. All visitors are asked to remember to respect the interred .

3.3 Gratuities - Prohibited

Gratuities shall not at any time be accepted by any employee of the Municipality, nor shall any reward be accepted for any personal service or attention. Any employee who violates this rule may be subject to the Code of ConducUCode of Displine Policy.

3.4 Bicycles - Restricted

Bicycles shall be permitted only on Cemetery roads.

3.5 Animals - Restricted

No person shall permit any animal , including dogs, to remain on Cemetery grounds. All animals shall remain under the control of the owner at all times, at set out in the Trent Hills Animal Control By-law as amended, while on Cemetery property.

3.6 Alcoholic Beverages - Prohibited

No person shall bring any alcoholic beverage upon Cemetery properties.

3.7 Parades - Restricted

No parades, other than funeral processions and veteran memorials shall be admitted or organized within the cemeteries .

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3.8 Damage

No person shall:

a) do any workupon a lot without written consent of the Municipality of Trent Hills;

b) change the grading of their lot;

c) make any walkway, cut any sod or move lot corner markers; plant any tree, shrub, bush or other plant without written consent of the Municipality of Trent Hills;

d) do anything of any nature to alter the cemetery in any way without written consent of the Municipality of Trent Hills;

e) damage any marker, monument, or structure within the cemeteries;

f) damage any tree, shrub, plant or flowers (be they private or public property) within the limits of the cemeteries . Municipal staff are exempt;

g) damage any fence, railing, or gate used for the protection of the cemeteries;

h) play any game of sport on cemetery property;

i) discharge any firearms (with the exception of a military service) ;

j) disturb any person or persons assembled for the interment of any other person;

k) create a nuisance in the cemeteries.

Any person who damages any lot or plot, marker, monument or other structure in the cemetery shall be responsible for such damage.

Any person violating any of the provisions of the by-law shall be deemed to be a trespasser and subject to immediate eviction from the cemetery in addition to any and all other penalites.

Damage to any structure within the cemetery will be pursued by the Muncipality of Trent Hills with zero tolerance and the matter prosecuted to the full extent of the law.

3.9 Debris

No person shall deposit rubbish on the grounds of the cemeteries except in the receptacles provided.

3.10 Soliciting

Soliciting in the Cemeteries is strictly prohibited.

3.11 Contractors

All workers in any capacity within the cemeteries , whether as masons, carvers, stonecutters, monument contractor, vault dealer, helpers, are subject to the direction and control of municipal staff.

All contractors, masons, monument dealers shall lay planks on the lots and paths over which heavy materials are to be moved, in order to protect the surface from damage. Any damaged caused by heavy vehicles will be repaired at the contractors expense to the satisfaction of the Municipality. Failure of the contractor to repair will result in an invoice for the work completed .

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3.12 Vehicular Traffic - Restrictions

The Municipality may restrict vehicular access to the cemeteries when the roads are soft or otherwise impassible.

3.13 Vehicular Traffic - Speed Limit

No person driving a vehicle shall :

a) leave the travelled portion of the road ; or

b)exceed a speed of 20 km/hr.

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

3.14 All Terrain Vehicles (ATV'S)/Snowmobile - Restricted

No A TV's or snowmobiles are allowed in the cemeteries.

3.15 Staff Requirements

Municipal staff or authorized personnel only have the right to prohibit any activity in the cemeteries.

3.16 Complaints

Complaints by lot owners or visitors should be made to the Clerk, not to staff on the grounds and controversies with staff or others on the grounds are to be avoided .

4.1 Financial

Article 4 Financial

All fees and charges shall be payable in accordance with the tarriff and rates which shall be set annually, subject to Council approval.

Payments for all fees and charges shall be deposited at the office of the Clerk.

The Treasurer shall keep such books, accounts and records as are necessary for properly recording and exhibiting all financial matters pertaining to the cemeteries as may be prescribed.

The Treasurer shall receive all revenue and other monies belonging or pertaining to the cemeteries.

The Treasurer shall maintain, invest and administer the care and maintenance fund in accordance with the provisions and regulations of the Cemeteries Act.

Municipal Council approves the operating and capital budget. In determining the budget, staff shall not be bound to expend the whole of operating or capital revenues in any year or years but may accumulate and hold or subsequently expend the same or any part thereof or invest the same or any part thereof.

The revenue derived from the care and maintenance fund shall be applied at the discretion of staff subject to budget approval and shall be used for general maintenance and improvements to the cemeteries. Staff shall not be bound to expend the whole or any part of the interest or money earned , including the compounding thereof, but may accumulate and hold or subsequently expend the same or any part thereof or invest the same or any part thereof.

The revenue derived from the portion of the care and maintenance fund pertaining to care of monuments and markers shall be applied at the discretion of staff, subject to budget approval , and shall be used for the general maintenance of monuments and markers. Staff shall not be bound to expend the whole or any

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part of the interest or money earned , including the compounding thereof, but may accumulate and hold or subsequently expend the same or any part thereof or invest the same or any part thereof.

The Municipality shall have the authority to establish special funds for donations. The use of said funds shall be at the discretion of staff and subject to the approved budget. Staff shall not be bound to expend the whole or any part of the interest or money earned including the compounding thereof, but may accumulate and hold or subsequently expend the same or any part thereof or invest the same or any part thereof.

Lots previously sold , for which provisions for care and maintenance have not been made, may be placed under this plan by the payment of the charges set forth in the tariff and rates.

Article 5 SALE OF INTERMENT RIGHTS

5.1 Tariff of Rates

The purchase price of lots (otherwise known as interment rights) shall be set forth in the Tariff of Rates as prescribed by Council from time to time and shall set aside the following percentages for care and maintenance:

a) Each lot - Care & Maintenance Fund 40%

5.2 Payments

All payments shall be made payable to the Municipality of Trent Hills as set out in the current By-law.

5.3 Certificate of Interment Rights

No Certificate of Interment Rights will be issued until the interment rights has been paid in full.

The Certificate of Interment Rights shall specify: i) The date interment rights were purchased ; ii) The name and address of the purchaser; iii) The purchase price including an itemized breakdown of charges

and all applicable taxes; iv) The price set aside for care and maintenance; v) The prohibition of the resale of the interment rights by the

purchaser; vi) The current By-law that governs the operation of the cemeteries

and includes restrictions on interment rights in the cemeteries; vii) The interment rights owner is required to provide written

advisement of change of mailing address.

5.4 Corner Stones Each lot or plot sale is required to purchase corner stones.

Corner stones mark the boundaries of each lot or plot. All corner stones shall be on granite, 6 inches square, not less than 4 inches deep and placed level with the ground.

Corner stones are to be placed by the Municipality or designate.

Corner posts are prohibited.

5.5 Purchase - Limitations

Purchaser of lots acquire only the right and privilege of the interment of human remains and of constructing vaults and monuments as set out in the By-law at the time of interment.

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No person, group or organization shall be entitled to hold the interment rights for more than 20 unused grave spaces in any one cemetery. Those individuals listed as the Interment Rights Holders through such organizations will have exclusive Interment Rights for the entire plot. Regular updates of those Interment Rights Holders filed with the Municipality is mandatory to maintain proper order of these plots.

5.6 Cancellation/Refunds - Certificate of Interment Rights

If the Municipality receives written notification to repurchase unused internment rights after the 30 days cancellation period has expired; the Municipality shall refund to the purchaser all monies received within 30 days of receiving the notice.

If the Municipality receives written notification to repurchase unused interment rights after the 30 days cancellation period has expired; the Municipality shall refund to the purchaser the current price minus the cost of corner stones and the original amount set aside in trust in the care and maintenance fund at the time of purchase.

Article 6 TRANSFER/PRIVATE SALE OF INTERMENT RIGHTS

6.1 Transfer/Private Sale of Interment Rights

The re-sale of interment rights to any party is strictly prohibited.

6.2 Transfer

Interment rights may be transferred to another party. For the purposes of this section , "Transfer" means a gift, a bequest or any other transfer made without consideration . If an interment rights holder wishes to transfer their interment rights, notice must be given in writing to the Municipality and the original certjficate must be returned.

Upon receipt of a request in writing from the interment rights holder specifying the name and address of the transferor and the transferee and location of the lot or plot, the Municipality upon payment of the administration fee in accordance with the current By-law will complete the transfer.

In the case of succession, the following will be required in addition to paragraph two above:

A) Last Will and Testament i) In case of a specific bequest of the lot or plot a notarial copy

ii) or court certified copy of the Will or Probate; If no specific bequest, a request in writing from the Executor(s) with a consent of all or majority of the beneficiaries;

B) Intestate i) A request in writing from the Administrator with the consent

of all or a majority of the heir-at-law.

Article 7

INTERMENTS

7.1 Burial Permit- Cremation Certificate Required

No interment shall take place without a Burial Permit or a Cremation Certificate as is applicable, nor until the person making an arrangement for the interment have complied with all laws, rules and regulations relative to burials. Persons contracting for interment rights and/or making arrangements for interments shall be responsible for all charges incurred.

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7 .2 Interments - Conditions Precedent

The Municipality shall not make any interment unless and until the person/persons ordering the same shall first exhibit:

a) A Certificate of Interment Rights or indenture indicating the party is the rightful owner of the interment rights upon which the interment activity is requested ; however, for indigent burials , approval of the County Social Services Department indicating that they will be responsible for the payment of such burial and the name of the case worker responsible will be required . Interment rights , sold for indigent use, will be selected by the Municipality or designate.

b) In those circumstances where the party requesting the interment activity is unable to provide evidence of ownership, the Municipality may require the party requesting the interment to sign a waiver saving the Municipality harmless from all subsequent claims from such interment activity.

Interments shall take place between April 15 and December 1 of each year, weather permitting.

All work shall cease 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 Municipality.

Only human remains may be interred in the cemetery.

7 .3 Interment Notice

A notice of each interment to be made shall be given to the Municipality at least 48 working hours in advance, unless otherwise ordered by the Medical Officer of Health. The Municipality cannot be held responsible for having interments prepared for funeral services unless such notice is given. For the purposes of this section , Saturdays, Sundays and Holidays shall not be considered working hours.

7.4 Funeral Service - Conditions

No funeral service shall be held and no interment shall be made in the cemeteries on Sundays or Statuatory Holidays, unless otherwise ordered by the Medical Officer of Health.

7.5 Funerals - Late -Additional Fee

Funerals arriving after 3:30 pm, necessitating work by Municipal employees after 4:00 p.m. will be charged an additional fee as set forth in the current By-law.

7 .6 Location of Interment - Errors

Precise and proper instructions in writing shall be given regarding the location of every interment. The Municipality shall not assume any responsibility for errors in the location of interments, when improper instructions have been provided by the interment rights holder, or designate. All costs resulting from improper instructions received shall be charged to the person(s) making the arrangements for the service.

7.7 Multiple Interments - Limitations

No more than two interments shall be made in the same regular lot and in the case of two, the second must be a cremation interment.

It is highly recommended that all caskets be contained in a concrete vault

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7.8 Interment Equipment

No interment equipment except that provided by the Municipality or designate shall be used, except as noted in Section 3.11 .

7.9 Elevated Mounds - Prohibited

No elevated mounds shall be built over graves and no lot shall be filled above the grade established for the Cemeteries except temporarily for maintenance reasons by Municipal employees.

7.10 Burial Vaults - Installation

When burial vaults are used, they shall be installed by the supplier who shall use their own equipment. The supplier shall be responsible for any damage to the grounds or casket, which was caused due to the supplier's equipment or operator error.

7.11 Ground Conditions

No interment shall take place in December 1 - April 15 of each year.

No interment shall take place when the ground is soft from spring thaws, rain or other cause or where personal safety is at risk.

7.12 Temporary Storage

From December 1 -April 15 of each year, all interments will be temporarily stored in the vault and must be interred by May 15th

, weather dependent.

If for any reason the body be placed in temporary storage due to soft ground conditions, the interment shall be made as soon as conditions permit.

Charges for storage are set out in the current By-law.

Article 8 DISINTERMENTS

8.1 Approval

No disinterment of human remains shall take place without the written approval of the Interment Rights Holder and notification of the Medical Officer of Health/Coroner's Office as required by law.

8.2 Approval - Cemeteries Act

All other requirements under the Cemeteries Act and Regulations must be met in order for a disinterment to proceed .

8.3 Conditions

Disinterments shall be made only when conditions are suitable to guarantee that a safe removal can take place except as ordered by the Medical Officer of Health/Coroner's Office.

8.4 Outer Case - Provision of Same

If the original interment was made in other than a permanent type outer case, a new outer case must be supplied by the requesting party.

8.5 Private Memorials - Removal Of

Any flat or upright markers designating the location of an interment shall be removed at the time a disinterment is made at the expense of the Interment Rights Holder or agent requesting the disinterment. Any loss of monument foundations as a result of cave-ins due to disinterment procedures will be replaced at the expense of the Interment Rights Holder or agent requesting the disinterment.

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Article 9 FLOWER AND DECORATION RULES

9.1 Flower and Decoration Rules (April 15 - November 15)

The Municipality of Trent Hills recognizes that there is significant value to the interment rights holders in decorating cemetery lots. At the same time the Municipality of Trent Hills has an obligation to provide a safe and visually pleasing environment that still honours the interment site.

Lot or plot flowers and decorations for one interment rights holder, must not infringe on the property of another interment rights holder.

In the interest of these objectives, it is imperative that the following rules be followed :

a)

b)

Stands

All flowers must be off the ground - potted and placed in an approved stand . All stands are to be placed at the head of the lot or plot adjacent to the monument. Stands must not block the mower's path or project into the maintenance area. No more than two stands with single pots can be placed on any one lot or plot. Only one saddle is allowed to be fastened upon the monument.

Fresh Cut Flowers

Fresh cut flowers may be placed on a lot at the time of interment or to commemorate special occasions. The Municipality assumes no responsibility for loss or damage. All fresh cut flowers will be removed when their appearance no longer honours the interment site.

c) Artificial Flowers

d)

e)

In order to preserve the proper appearance of the cemetery grounds, aritifcial flowers are permitted only from April 15th -November 15th of each year. All artificial flowers must follow the season. All artificial flowers that become unsightly will be removed and discarded by cemetery staff. All other artificial flowers left on the cemetery grounds after November 15th will be removed , tagged and placed in storage by staff until July 1st of each year at which time, if unclaimed, will be discarded.

Flower Beds

Flowers in flowerbeds are only planted in designated locations as part of the Cemetery Beautification Program.

No other flowerbeds are permitted .

Decorations

Articles prohibited at the interment site shall include but not limited to: chairs , benches, trellises, breakable articles (glass and pottery) , cards, notes, letters, plaques, pictures, toys, balloons, stuffed animals, candles, rocks , money, jewelry or any other memorabilia.

Some acceptable forms of decoration may include: solar lights, holiday decorations, or wind chimes. All acceptable forms of decorations must be affixed to the monument or must be a minimum of 2ft off the ground and adjacent to the monument. Any decorations that interfere with the daily operations and maintenance of the cemetery grounds will be removed , tagged and

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placed in storage by staff until July 1st of each year at which time , if unclaimed, will be discarded. Any decoration that appearance no longer honours the interment site will be removed and discarded by staff.

Statues are permitted when affixed and are part of the monument. Any statues that interfere with the daily operations and maintenance of the cemetery grounds will be removed, tagged and placed in storage by staff until July 1st of each year at which time , if unclaimed, will be discarded. Any statues who's appearance no longer honours the interment site will be removed and discarded by staff.

f) Trees or Shrubs

Trees or shrubs are only planted in designated locations as part of the Cemetery Beautification Program. Any trees or shrubs that interfere with the daily operations and maintenance of the cemetery grounds or their appearance no longer honours the gravesite will be removed and discarded.

g) Watering

The care and maintenance of flowers is the responsiblity of the rights holder.

9.2 Flowers and Decorations Damage - Limitations of Liability

The Municipality shall not be responsible for any damage to lots or plots and structures or objects therein , or flowers or articles removed from a grave except for damage that has been shown to have been caused by Municipality.

Article 10 MARKERS AND MONUMENTS

The Municipality reserves the right to determine the maximum size of monuments and markers, their composition , their number and their location on each lot or plot.

10.1 Cremation Marker All cremation interments shall be marked with a flat marker no larger than 6 inches x 12 inches.

Conformity with a pre-existing marker on an adjoining lot or plot will be considered.

10.2 Construction - Material

All monuments and markers shall be made of granite, marble or bronze. No artifical or perishable material such as sandstone or limestone will be permited .

All bronze castings shall be free from weakening or minor defects, blemishes or imperfections, with smooth exposed surfaces. Rough, "sand-like", painted or pigmented finishes or ornamentations are not permitted.

10.3 Safety

All upright markers must be able to withstand a force of 35 kgs. when such force is applied at any point on the monument. Such monuments must withstand this force when set in a dry mode (i.e. without the assistance of any adhesive material). Dowels ( 300 series stainless or equivalent) may be used to assist an upright monument in achieving the 35 kgs. minimum standard . All portions of an upright monument must be sealed together with an appropriate sealing material and shall be sealed together in such a way as to provide an adequate level of stability.

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If an upright marker or flat marker presents a risk to public safety because it is unstable the Manager or designate shall do whatever is necessary by way of repairing, resetting or laying down the upright marker so as to remove the risk.

The Municipality shall have the right to maintain, repair or lay down monuments or markers or parts of monuments or markers and to use or not to use the care and maintenance fund for monuments and markers for such purposes.

All owners are encouraged to purchase monument or marker warranties . Any repairs or resetting are the responsibility of the owner.

10.4 Flat Markers

Flat markers are to be centered at the head of a single lot and shall not exceed 24 inches wide x 18 inches deep.

10.5 Upright Monuments - Size Limitations

The minimum thickness of a monument tablet shall be 6 inches at its narrowest point and the thickness of the base of the monument shall be a minimum of 12 inches and a maximum of 16 inches.

The base of an upright monument on a single/double/triple lot shall not exceed 3/4 the width of the lot and the height of the entire structure shall not exceed 36 inches.

No monument shall be allowed to stand on interment space in any lot or plot.

Monuments to be erected by or for lot owners shall be set upon adequate concrete bases and no foundations shall have less than 6 inch depth.

The foundations of a monument shall extend at least 2 inches each way beyond the base of the monument or marker.

No monument or other structure shall be erected or permitted on a lot or plot until the purchase price and accrued charges or expenses have been paid in full.

10.6 Inscriptions - Family Name, Etc.

Family surnames or any inscriptions such as scriptures, poetry, prose, etc. on the back of upright markers will be permitted. Interment information may not be placed on the back of any monument unless, the interment rights are owned on both sides of the monument by the same rights holder.

Article 11

INSTALLATION OF UPRIGHT MONUMENTS AND MARKERS

11.1 Turf - Protection

Those persons engaged in the placing of, repairing of, or inscribing of upright markers shall provide planking and/or other protective materials adequate to protect turf and shall remove materials and equipment immediately upon completion of the work. The site shall be left in a clean, orderly condition. Any damage caused by heavy vehicles will be repaired at the contractors expense to the satisfaction of the Municipality. Failure of the contractor to repair will result in an invoice for the work completed.

11.2 Specifications

The Municipality requires specifications, plans and design relative to the material and construction of monuments and markers prior to their placement or erection for approval. Prior to the purchase of a monument or marker, the purchaser must submit in writing the Interment Rights owners name and address, instructions for placement of the monument or marker, dimensions of the monument or marker, monument base and foundation (as applicable),

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description of colour and material of the monument or marker and a listing of all proposed lettering . No monument or marker shall be placed on a lot or plot without prior approval from the Municipality or designate. Lot owners are cautioned not to finalize any purchase until approval has been obtained .

11.3 Construction - Other - Removal

Memorials installed in cemeteries which are found to be in contravention of the By-Law, shall be ordered removed. The Manager or designate will contact the Interment Rights Holder (at their last known address) of the contravention and the Interment Rights Holder shall be given thirty (30) days within which he/she must comply with the by-law. If the contravention is not corrected within this period, the Manager or designate may have the memorial removed at the expense of the Interment Rights Holder.

The Municipality reserves the right to enter onto the lot or plot and remove the monument, marker or other structure or any inscription placed in or upon any lot or plot which is not in keeping with the dignity and decorum of the cemetery.

Article 12 REQUESTS FOR SERVICE

12.1 Request for Service

Any person or Funeral Director having a request for service shall make same with the Clerk or designate.

Article 13 TARIFF OF RATES

13.1 Adoption - By Council

Subject to the Cemeteries Act and the regulations made there under, Council may from time to time adopt a Tariff of Rates to regulate the fees and charges to be paid by persons purchasing interment rights in cemeteries or requiring service to be performed.

Article 14 ENFORCEMENT

14.1 Penalty

Where a specific penalty is not provided for an offence under the Cemeteries Act, any person who contravenes any of the provisions of this by-law shall, upon conviction be liable for a fine as provided for in the Provincial Offences Act.