CEMETERY BYLAWS

General Conduct

The Strabane Cemetery Board 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 any service being held.

 

Resolution by the Strabane Cemetery Board

The Strabane Cemetery Board, consisting of an organized group of volunteers, shall carry on without the purpose of gain for its members and any profits or other accretions to the Strabane Cemetery Board shall be used in promoting its objects.

By-Law Amendments

The cemetery shall be governed by these bylaws, and all procedures will comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically.

All by-law amendments must be:
a) published once in a newspaper with general circulation in the locality in which the cemetery is located;
b) conspicuously posted on a sign at the entrance of the cemetery; and
c) delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the by-law or by-law amendment pertains to markers or their installation.

All by-laws and by-law amendments are subject to the approval of the Registrar. The Bereavement Authority of Ontario is responsible to administer provisions of the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) on behalf of the Ministry of Government and Consumer Services.

 

Liability

The Strabane Cemetery Board 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. 

 

Public Register

Provincial legislation – Section 110 of Ontario Regulation 30/11 requires all cemeteries and crematoriums to maintain a public register that is available to the public during regular office hours.

 

Pets or Other Animals

Pets or other lower animals, including cremated animal remains, are not allowed to be buried on cemetery grounds.

 

Children

Children under the age of twelve years are not to be admitted to the grounds except in the charge of an adult, who shall be responsible for their actions.

 

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.

 

Notice of Resale and Transfer of Interment or Scattering Rights

The Strabane Cemetery Board permits the interment or scattering rights holder to sell or transfer their interment rights or scattering rights to a third party, at no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the Strabane Cemetery Board and the purchaser meets the qualifications and requirements as outlined in the Strabane Cemetery Board’s by-laws.

 

Cancellation and Resale of Interment Rights

Purchasers of interment or scattering rights 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 the cemetery by-laws. In accordance with 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.  An interment rights certificate will be issued to the interment rights holder(s) when payment has been made in full.  The purchase of interment rights is not a purchase of Real Estate or real property.   An interment rights holder wishing to resell their interment rights may advise the Strabane Cemetery Board of their intention prior to seeking a third party buyer for their interment rights.

 

Cancellation of Interment Rights within 30 Day Cooling-Off Period

A purchaser has the right to cancel an interment or scattering rights contract within thirty (30) days of signing the interment or scattering rights contract, by providing written notice of the cancellation to the Strabane Cemetery Board. The cemetery Board will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. 

 

Cancellation of Interment or Scattering Rights after the 30 Day Cooling-Off Period

Upon receiving written notice from the purchaser of the interment or scattering rights, the Strabane Cemetery Board will cancel the contract and issue a refund to the purchaser for the amount paid for the interment or scattering rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the Strabane Cemetery Board along with the written notice of cancellation.

If any portion of the interment or scattering rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment or scattering rights.  

 

Resale of Interment or Scattering Rights after 30 Day Cooling-Off Period

Unless the interment or scattering rights have been exercised the purchaser retains the right to cancel the contract or re-sell the interment or scattering rights.  Once payment for the interment or scattering rights has been made in full, and an interment rights certificate has been issued, the interment or scattering rights holder(s), as recorded on the cemetery records, has right to re-sell the interment rights.  Any resale of the interment right shall be in accordance with the requirements of the Strabane Cemetery by-laws and in keeping with the FBCSA.

If any portion of the interment or scattering rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment or scattering rights.  

Care and Maintenance Fund Contributions

As required by sections 166 and 168 of Regulation 30/11, a prescribed amount or a percentage of the purchase price of all interment rights, scattering rights and a prescribed amount of $25.00 where there was no scattering rights sold, and a prescribed amount for monuments and markers is contributed into the care and maintenance fund. Income from this fund is used to provide only general care and maintenance of the cemetery. Contributions to the care and maintenance fund are not refundable except when interment or scattering rights are cancelled within the 30 day cooling off period.

Any old lots sold prior to 1955 where no care and maintence was paid, then an additional cost for care and maintenance (not to exceed $250.00) will be applied to any new interments.

 

Requirements for Resale of interment or scattering rights to a third party

The interment or scattering rights holder(s) intending to sell their rights shall provide the following documents to the Strabane Cemetery Board so that the Board can confirm the ownership of the rights and provide the third party purchaser with the required certificate etc.:

  • an interment or scattering rights certificate endorsed by the current rights holder

  • if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available

  • if the resale involves scattering rights, a written statement of the number of scatterings rights

  • any other documentation in the interment or scattering rights holder(s) possession relating to the rights

The third party purchaser will be provided with the following documents by the Strabane Cemetery Board:

  • an interment or scattering rights certificate endorsed by the current rights holder

  • a copy of the cemetery’s current by-laws

  • a copy of the cemetery’s current price list if the resale involves interment rights,

  • a written statement of the number of lots that have been used in the plot and the number of lots that remain available

  • if the resale involves scattering rights, a written statement of the number of scattering rights available

  • any other documentation in the interment rights holder(s) possession relating to the rights

The Strabane Cemetery Board will require:

  • a statement signed by the rights Holder(s) selling the interment or scattering rights acknowledging the sale of the interment rights to the third party purchaser

  • require confirmation that the person selling the interment or scattering rights is the person registered on the cemetery records and that they have the right to re-sell the Interment or scattering rights

  • record the date of transfer of the interment or scattering rights to the third party;

  • the name and address of the third party purchaser(s)

  • a statement of any money owing to the Cemetery Board in respect to the Interment or Scattering Rights.

Once the endorsed certificate and all required information has been received by the Strabane Cemetery Board from the rights holder(s), the Strabane Cemetery Board will issue a new interment or scattering rights certificate to the third party purchaser.

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

The Strabane Cemetery Board may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the cemetery Board’s current price list.

The Strabane Cemetery Board does not prohibit the resale of an interment or scattering rights and may repurchase the interment or scattering rights from the rights holder(s) if the Strabane Cemetery Board so desires and may negotiate a purchase price so long as the seller acknowledges being aware of the cemetery Boards current price list amounts for interment and scattering rights.

 
Burial and Scattering of Cremated Remains

Interment or scattering rights holder(s) must provide written authorization prior to a burial, scattering, or an entombment taking place. Should the interment or scattering rights holder be deceased, authorization must be provided in writing by the person authorized to act on behalf of the interment rights holder i.e. Personal Representative, Estate Trustee, Executor or next of kin.

A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the Chairman or Treasurer prior to a burial, scattering or entombment taking place.  A Certificate of Cremation must be submitted to the Chairman or Treasurer prior to the burial of cremated remains or scattering of cremated remains taking place.

In accordance with the FBCSA the purchaser of interment or scattering rights must enter into a cemetery contract, providing such information as may be required by the Strabane Cemetery Board for the completion of the contract and the public register prior to each burial or entombment of human remains, or each scattering of cremated human remains.

Payment must be made to the Strabane Cemetery before a burial can take place.

The cemetery shall be given 48 hours of notice for each burial of human remains or scattering of cremated human remains.

The opening and closing of graves, crypts and niches or the scattering of cremated remains may only be conducted by cemetery staff or those designated to do work on behalf of the cemetery.

The number of cremation interments may not exceed four per grave. Ashes placed in “Cremation Lots” will be placed in a sixteen by twenty-six inch lot. A deed giving the size and location of the lot will be given to the family. No marker larger than sixteen by twenty six inch flat granite or flat bronze, approved by the Strabane Cemetery Board may be placed over the cremains. This marker is to be set flat with the surface of the ground and must have sawn edges. This does not permit plants or shrubs. Two interments will be permitted in each sixteen by twenty-six lot.

Upon request, cremated remains may be scattered within a designated area of the Strabane Cemetery with no identification of location supplied to the family.

Cremated remains are not permitted to be scattered on a grave.

A scattering rights contract must be completed and the payment of the scattering fee must be received before the scattering of cremated human remains can take place.

Once scattered cremated remains cannot be retrieved.

Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the cemetery Board and the prior notification of the medical officer of health.  A certificate from the local medical officer of health must be received by the Chairman or Treasurer 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.

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).

Memorialization of Remains

No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full.

No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the Strabane Cemetery Board.

Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear.

The Strabane Cemetery Board 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.

The Strabane Cemetery Board reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments.
All foundations for monuments and markers shall be built by, or contracted to be built for, the Strabane Cemetery Board at the expense of the interment rights holder. No foundation shall be less than five feet in depth or the full depth of the grave, which ever is greater, and the excavation shall be subject to inspection before any concrete is poured. Dealers should specify on their orders the monument size, and must give at least 30 days notice before the work is required. Foundations may be installed by dealers or the Strabane Cemetery Board, but all costs regarding foundations are to be borne by the purchaser.

Should any monument or marker present a risk to public safety because it has become unstable, the cemetery Board 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.

The Strabane Cemetery Board 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 trustees.

A monument, private mausoleum, or other structure shall be erected only after the specific design plans have been approved by the Strabane Cemetery Board including: dimensions, material of structure, construction details, and proposed location.

In keeping with the cemetery by-laws only one monument shall be erected within the designated space on any lot and shall be placed centrally at the head of the lot.

The minimum thickness for flat markers including footstones is 4 inches or 10 cm.

All monuments shall be constructed of granite and markers shall be constructed of bronze.

No monument shall be delivered to the cemetery for installation until the monument foundation has been completed, and the interment rights holder(s) and/or marker retailer have been notified by the cemetery Board.

Markers and footstones of bronze or granite are permitted with size and quantity restrictions according to cemetery by-laws and the placement of such memorials shall not interfere with future interments.

On any single grave lots, the Strabane Cemetery Board requires the use of Flat Grave Markers (ground level), as opposed to tablet or columnar markers.

All lots must have corner stones marked with the name on one and initial on three. The cost of the corner stones is to be borne by the purchaser of the lot and paid for at the time of purchase, if purchased from the Strabane Cemetery Board. If purchased from outside suppliers installation is to be supervised by the Board.

 

Care and Planting

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 columbarium

  • Repairs and general upkeep of cemetery maintenance buildings and equipment

  • No person other than cemetery staff shall remove any sod or in any other way change the surface of the burial lot in the cemetery.

  • No person shall plant trees or shrubs in the cemetery except with the approval of the Strabane Cemetery Board. Flower beds not exceeding fourteen inches in width are permitted in front of the base of monuments. Where no monument exists, flower beds can only be made by the permission of and under the supervision of the Board.

  • Flowers placed on a grave for a funeral shall be removed by the cemetery staff after a reasonable time to maintain the tidy appearance of the cemetery.

  • The erection of boarders, fences, railings, walls and hedges in and around lots is not permitted.

Items that are prohibited and permitted

The cemetery 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 will be removed and disposed of without notification.

The cemetery 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. All wreaths must be removed by April 15th each year. Wreaths not removed by that date will be removed and disposed of by the Cemetery without notification.

Contractor/Monument Dealer Bylaws

Any contract work to be performed within the cemetery requires the written pre-approval of the interment rights holder and the Strabane Cemetery Board 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 Chairman or Treasurer and provide the necessary approvals before commencing work at any location on the cemetery property.

Prior to the start of any said work, contractors may need to provide proof of:

  • WSIB coverage

  • Occupational Health and Safety compliance standards

  • Environmental Protection

  • WHMIS

  • Evidence of liability insurance

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

Contractors, monument dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the cemetery Board.

No work will be performed at the cemetery except during the regular business hours of the cemetery. 

Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral 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.

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. 

Columbarium

A proper Certificate of Cremation must be accompanying all cremains before inurnment can take place.

No inurnment shall be made without the permission of the Interment Rights Holder or a proper representative of estate if the Interment Rights Holder is deceased.

Each niche is intended for 2 urns. An Interment Rights Holder should check internal dimensions before purchasing urns.

Payment must be made to the Strabane Cemetery Board and a contract signed before an interment may take place

Only the Strabane Cemetery Board 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 shall remove or alter niche fronts.

No glass vases or breakable items should be placed around the columbarium.

To maintain uniformity of the columbarium only the plaque included in the purchase of the niche will be permitted.

No transfer of burial rights to a columbarium shall be approved by and recorded in the books of the Cemetery. A transfer fee will be charged according to the fees set out in the Tariff of Charges and according to the FBCSA.

The Strabane Cemetery shall keep the columbarium in good repair, but shall not be required to rebuild in case of destruction due to war or insurrection.