2024-069 By-law to Provide for the Maintenance, Management, Regulation and Control of the Cemetaries under the Jurisdiction of The Corporation of the Township of Oro-Medonte and to Repeal By-law No. 2014-157The Corporation of the Township of Oro-Medonte
By-law No. 2024-069
A By-law to Provide for the Maintenance, Management, Regulation and
Control of the Cemeteries under the Jurisdiction of
The Corporation of the Township of Oro-Medonte
and to Repeal By -Law No. 2014-157
Whereas the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002 c.33
(FBCSA) regulates the operations of cemeteries in Ontario.
And Whereas The Bereavement Authority of Ontario (BAO) was established as
a Delegated Administrative Authority (DAA) on January 16, 2016, under the
Safety and Consumer Statutes Administration Act, 1996. The BAO administers
provisions of the Funeral, Burial and Cremation Services Act, 2002 (FBCSA)
which is consumer protection legislation respecting funerals, burials, cremations
and related services within the province of Ontario.
And Whereas, a request was received from The Bereavement Authority of
Ontario to consider renaming The Township of Oro-Medonte's "Abandoned
Cemetery" name.
And Whereas the Council of the Township of Oro-Medonte, at its June 12, 2024
meeting, per Resolution No. C240612-2, approved the Heritage Committee's
Resolution No. HC240527-5 to rename the "Abandoned Cemetery" to "Old Barrie
Road Baptist Cemetery".
And Whereas Council of The Township of Oro-Medonte deems it desirable to
update the by-law to reflect current operations.
And Whereas the Township of Oro-Medonte maintains five (5) inactive
cemeteries as outlined in Schedule "A" attached hereto and forms part of this by-
law.
And Whereas the provisions of this By -Law shall be applicable to the cemeteries
maintained by the Township of Oro-Medonte.
And Whereas no such by-law comes into force or takes effect until it is filed with,
and approved under the Funeral Burial & Cremation Services Act, 2002, Section
151.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Definitions
Burial: The opening and closing of an inground lot or plot for the disposition of
human remains or cremated human remains.
By-laws: The rules and regulations under which the Cemetery (and/or
Crematorium) operates.
Care and Maintenance Fund: The requirement under the FBCSA that a
percentage of the purchase price of all Interment Rights, and set amounts for
marker and monument installations is contributed into the Care and Maintenance
Fund. Interest earned from this fund is used to provide care and maintenance of
plots, lots, markers and monuments at the Cemetery.
Columbarium: A columbarium is a permanent resting place for cremated
remains.
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Contract: For the purpose of this by-law, all purchasers of interment rights must
sign a contract/agreement with the operator, detailing obligations of both parties
and acceptance of the cemetery by-law.
Corner Posts: Shall mean any stone or other land markers set flush with the
surface of the ground and used to indicate the location of a lot or plot.
Crypt: An individual compartment in a mausoleum for the entombment of human
remains.
Grave: (Also known as Lot) means any inground burial space intended for the
interment of a child, adult or cremated human remains.
Interment Right: The right to require or direct the interment of human remains
or cremated human remains in a grave, lot, niche or crypt and direct the
associated memorialization.
Interment Rights Holder: Any person designated to hold the right to inter
human remains in a specified lot.
Lot: For the purpose of this by-law a lot is a grave.
Marker: Shall mean any permanent memorial structure that is set flush and level
with the ground, and used to mark the location of a burial lot.
Mausoleum: A mausoleum is an external free-standing building constructed as
a monument enclosing the interment space or burial chamber of a deceased
person or people.
Monument: Any permanent memorial projecting above the ground installed
within the designated space to mark the location of a burial or lot.
Niche: An individual compartment in a columbarium for the entombment of
cremated human remains.
Plot: For the purpose of this by-law, a plot is a parcel of land, sold as a single
unit, containing multiple lots.
Service Animal: A service animal means any animal used by a person with a
disability for reasons related to the disability and the owner has a valid
identification card signed by the Attorney General of Canada, or a certificate of
training from a recognized service animal training school.
Scattering: Shall mean the act of spreading of cremated remains over a
designated area within a cemetery with the knowledge and permission of the
Township and in keeping with the cemetery's by-law.
Scattering Rights Holder: Any person designated to hold the right to scatter
cremated human remains in a specified lot or other designated area within the
cemetery.
Township: For the purpose of this by-law, the Township is The Township of
Oro-Medonte.
2. Conduct
a) Hours of Operation: 8:00 a.m. to Sundown.
b) No person shall enter or remain in a Cemetery between Sundown and
8:00 a.m. without the permission of the Township.
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c) Subsection b) shall not apply to a police officer and employees of the
Township of Oro-Medonte in the performance of their duties.
d) The Township reserves full control over the cemetery operations and
management of land within the cemetery grounds.
e) No person may damage, destroy, remove or deface any property within
the Cemetery.
0 All visitors should conduct themselves in a quiet manner that shall not
disturb any service being held.
3. Liability
a) The Township 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 save and except for direct loss or damage caused by gross
negligence of the cemetery.
b) The Township shall be under no liability whatsoever to any person, firm or
Corporation for any damages or injury, including death, to any person or
persons causes by or resulting from the use of the Cemetery and shall,
from time to time, and at all times hereafter, protect, indemnity and forever
save and keep harmless the Township, and/or its officers, agents and
servants, against any damage, penalty, fire claim, judgment, costs,
expense or charge suffered, imposed assessed or incurred for any
violation or breach of any law occasioned by any act, neglect or omission.
4. Pets or Other Animals:
a) No person shall bring any animal onto a cemetery, except a service
animal, unless authorized in writing by Council.
b) Pets or other animals, including cremated animal remains, are not allowed
to be buried/scattered on cemetery grounds.
5. Right to Re -Survey
The Township 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.
6. Burial or Scattering of Cremated Remains
a) Payment must be made to the funeral director/service provider before a
burial can place.
b) The Township shall be given 48 business hours of notice for each burial of
human remains or cremated human remains.
c) The opening and closing of graves, crypts and niches may only be
conducted by those designated to do work on behalf of the Township.
d) Cremated remains are not permitted to be scattered on a grave.
e) Per the Act, Human remains may be disinterred from a lot provided that
the written consent (authorization) of the interment rights holder has been
received by the Township and the prior notification of the medical officer of
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health. A certificate from the local medical officer of health must be
received at the cemetery office before the removal of casketed human
remains may take place. A certificate from the local medical officer of
health is not required for the removal of cremated remains.
I) In special circumstances the removal of human remains may also be
ordered by certain public officials without the consent of the interment
rights holder and/or next of kin(s) per the Act.
7. Memorialization
a) No monument, footstone, marker or memorial of any description shall be
placed, moved, altered, or removed without permission from the
Township.
b) Minor scraping of the monument base of an upright monument due to
grass/lawn maintenance is considered to be normal wear.
c) The Township 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.
e) Should any monument or marker present a risk to public safety because it
has become unstable, the Township shall do whatever it deems necessary
by way of repairing, resetting, or laying down the monument or marker or
any other remedy so as to remove the risk.
f) The Township 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.
8. Care and Planting
a) A portion of the price of interment or scattering rights is trusted into the
Care and Maintenance Fund. The income generated from this fund is
used to maintain, secure and preserve the cemetery grounds. Services
that can be provided through this fund include:
- re -levelling and sodding or seeding of Lots or scattering grounds;
- maintenance of cemetery roads, sewers and water systems;
- maintenance of perimeter walls and fences;
- maintenance of cemetery landscaping;
- maintenance of mausoleum and columbarium;
- repairs and general upkeep of cemetery maintenance buildings and
equipment.
b) No person other than Township shall remove any sod or in any other way
change the surface of the burial lot in the cemetery.
c) No person shall plant trees, flower beds or shrubs in the cemetery except
with the approval of the Township.
d) Flowers placed on a grave shall be removed after a reasonable time to
protect the sod and maintain the tidy appearance of the cemetery.
9. Items That Are Prohibited and Permitted
a) The Township 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 Township employees/contractors and prevents the
Township from performing general cemetery operations, or are not in
keeping with the respect and dignity of the cemetery. Prohibited articles
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will be removed and disposed of without notification e.g., articles made of
hazardous materials such as non -heat resistant glass (excludes glass
attached to monuments), ceramics, or corrosive metals; loose stones or
sharp objects; trellises or arches; chairs or benches.
b) The Township reserves the right to disallow or remove quantities of
memorial wreaths or flowers considered to be excessive and that
diminishes the otherwise tidy appearance of the cemetery.
10. Contractor/Monument Dealers
a) Any contract work to be performed within the cemetery requires the written
pre -approval of the interment rights holder and the Township before the
work may begin. Pre -approval includes but is not limited to: landscaping,
delivery of monuments and markers, inscriptions, designs, drawings, plans
and detailed specifications relating to the work, proof of all applicable
government approvals and permits, the location of the work to be
performed. It is the responsibility of all contractors to report to the
Township and provide the necessary approvals before commencing work
at any location on the cemetery property.
b) Prior to the start of any said work, contractors must provide proof of (any
or all may apply depending on scope of work to be performed):
- WSIB coverage;
- Occupational Health and Safety compliance standards;
- Environmental Protection;
- WHMIS;
- Evidence of liability insurance of not less than $5,000,000.
c) All cemetery by-laws apply to all contractors and all work carried out by
contractors within the cemeteries' grounds.
d) Contractors, monument dealers and suppliers shall not enter the cemetery
in the evening, weekends or statutory holidays, unless approval has been
granted by the Township.
e) No work will be performed at the cemetery except during the regular
business hours of the cemetery.
f) Contractors shall temporarily cease all operations if they are working
within 100 metres of a public gathering until the conclusion of the service.
The cemetery 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.
g)
Contractors, monument dealers and suppliers shall lay wooden planks on
the burial lots and paths over which heavy materials are to be moved in
order to protect the surface from damage.
11. Columbariums
a) Payment must be made to the funeral director/service provider before an
interment may take place.
b) Only the Funeral Director/service provider may open and seal niches for
interments. This applies to the inside sealer and the niche front.
c) To ensure quality control, desired uniformity and standard of
workmanship, the Township reserves the right to inscribe all niche fronts
or install all lettering, vases, adornments, or any other approved
attachment.
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d) No person other than the funeral director/service provider shall remove or
alter niche fronts.
12. By Law Amendments
a) The cemeteries shall be governed by this by-law and all procedures will
comply with the Funeral, Burial & Cremation Services Act, 2002 which
may be amended periodically.
b) All by-laws and by-law amendments are subject to the approval of The
Bereavement Authority of Ontario.
13. General
a) In the event that any provision of this By -Law are deemed to be invalid or
void, in whole or in part, by any court of competent jurisdiction, the
remaining terms and provisions shall remain in full force and effect.
b) That By -Law No. 2014-157 be repealed in its entirety.
c) This by-law shall take effect on the approval of the Registrar,
Bereavement Authority of Ontario.
By-law read a First, Second and Third time, and Passed this 17th day of
July, 2024.
The Corporation of the Township of Oro-Medonte
ayor, Randy Greenlaw
Clervonne Aubichon
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Schedule "A"
to By -Law No. 2024-069
for The Corporation of the Township of Oro-Medonte
Cemeteries Maintained by the Township of Oro-Medonte
Moon Private Cemetery
Old Barrie Road Baptist
Cemetery
Leigh's Corners Cemetery
African Methodist Episcopal
Church Cemetery
Rugby Cemetery
Lot 15, Concession 9
(Medonte) Township of Oro-Medonte
Lot 10, Concession 6
(Oro) Township of Oro-Medonte
Part East Half Lot 16, Concession 12, Oro,
Being Part 2, Plan 51 R-38899,
Township of Oro-Medonte
Lot 11, Concession 4
(Oro) Township of Oro-Medonte
Lot 11, Concession 12
(Oro) Township of Oro-Medonte
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