By-Laws
Cobden Union Cemetery By-Laws, 2012
GENERAL DESCRIPTION AND BY-LAWS
“The cemetery shall function without purpose of gain for its members and any profits or other gains to the organization shall be used in promoting its purpose of operating a public cemetery”,
ADMINISTRATION:
The Cobden Union Cemetery will be governed by a board elected by the members of the Anglican, Presbyterian and United Churches at the Annual Meeting each spring. (held usually in late May)
This executive board should consist of a Chairman, Secretary-treasurer and those members volunteering or elected by each Church to serve the interests of that Church in all cemetery matters as required yearly.
This combined Board will operate under a paid license and by-laws approved by the Provincial Ministry of Consumer and Business Services as specified in the Cemetery Act proclaimed April 1, 1992, and any Revised Statutes or Regulations prescribed there under.
THE SECRETARY-TREASURER SHALL:
a) Keep a register showing all Iabor costs and hours worked for all paid employees each year.
b) Keep a register containing the names of all deceased persons interred in the cemetery; with date of burial, full name, address, location of the grave and other pertinent information. Also, full particulars concerning disinterment will be entered.
c) Keep the books to record the income and expenses of the cemetery annually.
d) Prepare and arrange audit of the Annual Financial Statement are to be presented at the annual meeting of the Cobden Union Cemetery Board.
The care and maintenance fees are in accordance with the provisions of the Cemetery Act R.S.O. 1970, as per the Cemetery Board’s pricing schedule.
Every purchaser of a lot or plot in the Cobden Union Cemetery shall possess interment rights as per Provincial Cemeteries Act (revised) Statutes of Ontario, 1990, Chapter C.4 and regulations.
TRANSFERS OR SALE OF PLOTS IN THE COBDEN CEMETERY:
Family lots or plots may be transferred to family members or relations or sold back to the Cemetery Board.
Owners of unused plots may resell rights at no higher fee than that of the current cemetery pricing schedule.
To ensure correctness of records of ownership and interments, no sale or transfer of any plots or any interest therein shall be binding on the Board until notice in writing has been given to the Secretary-Treasurer of the Board. Upon receipt of such notice, and payment of a fee, the transfer shall be made.
RESTRICTIONS AND REGULATIONS:
CREMATIONS: A limit of two cremations may be allowed on an existing grave lot. All cremation burials are to be carried out by a contractor approved by the Cemetery Board and under their direct supervision. Markers for these cremations must comply with existing Cemetery by-laws regarding size and location. There will be a charge as listed in the Cemetery Price Schedule, payable to the Cemetery Board.
Approved corner posts must be purchased for all plots. Corner posts are to be installed by cemetery management.
PLANTING ON LOTS OR PLOTS:
Trees, shrubs, flowering or other plants may be planted, but only such varieties as are in keeping with the general grounds’ plan and must be approved by the manager/caretaker on behalf of the Board.
Trees or shrubs exceeding 48 inches in height or 30 inches in width may be designated a hazard to proper maintenance operations. Under these conditions the owner may be requested to reduce or remove the offending items at his/or her expense, or the Board may have the necessary works carried out and bill the owners for actual costs.
REMOVAL OF WREATHS OR DECORATIONS:
To ensure neatness and to preserve the beauty of the cemetery, the manager/caretaker shall have supervision of wreaths, flowers, and other removable mementoes and objects placed upon graves and plots. No solar lights are allowed in the cemetery. Nails, wires or any material that may create a hazard to workers are not allowed in the cemetery.
Above items not removed by the first of November will be removed by staff or management. Rubbish shall not be thrown out on the roads, or any part of the grounds.
FENCES AND RAILINGS:
Borders, fences, railings, wall, cut-stone coping or edging are prohibited. Installation of benches requires prior approval of the Board.
LOTS AND MARKERS:
No lot owner shall change the grading of his plots; make any walkway; cut any sod or move corner posts or markers. The Board shall take reasonable precautions to protect the property of lot owners, but they assume no liability or responsibility for loss, damage to any monument, marker or part thereof, of any article of any type in place on any lot or grave. No marker of any type may be placed or erected without prior notification of the Board or caretaker/manager. All flat markers shall be 12″ X 18″ (30.5 cm. x 46 cm.)
MONUMENTS AND BASES:
1) All foundations shall be 4 feet deep or more.
2) All foundations shall be at least as large as the base of the monument
3) The top of the foundation shall be level to within 1/6″ over 2’0″, checked by carpenter’s level. It is requested that forms be used for the top portions of the foundation.
4) The bottom of the foundations shall not be less than dimensions of the top.
5) When it is necessary to add to an existing foundation, a proper bonding agent and re-bar shall be used to ensure proper bonding.
6) Granite markers shall not be encased in concrete.
7) Everyone installing a monument or marker in the cemetery shall pay the prescribed amount set out in the Cemeteries Act to the Cemetery Board before installation.
MONUMENT SAFETY:
1) No monument, vault or other structure shall be erected or placed on any lot unless its’ design and specifications have been approved by the Board.
2) In all cases, monuments should be installed to withstand 100 lbs of horizontal force. Monuments that fail to qualify may be dowelled or pinned, using stainless steel or bronze approved pins. All joints should be sealed against moisture.
3) When a monument is to be removed or relocated for repair, inscription, or cleaning, permission shall be obtained from the Board.
4) Not more than one upright monument shall be erected on anyone lot.
5) Monument Contractors, or their workers or equipment used by them, may be held responsible for any or all damage to grounds or adjacent properties. Before any works take place, the Chairman or caretaker/manager of the Board will require prior notice of at least one day before work commences.
INTERMENTS:
1) Burial Permit: A certificate of burial rights or cremation certificate must be obtained before any interment can take place. This certificate must be given to the Secretary-Treasurer of the Board.
2) Opening and closing of graves must be carried out by a contractor approved by the Cemetery Board. Notice of at least eight business hours shall be given prior to the interment.
3) Persons ordering interments will be held responsible for all charges incurred. No interment shall be made without the written order of the owner of the lot, or of the person designated as in these rules, whose name appears on the record in the cemetery register.
4) All interments not incorporating a steel or cement vault with the casket inside, will be put directly in the ground (no rough-box permitted).
5) All interments must be covered by at least two feet of earth over the outside container; when more than one interment is made in the same grave, the last must have at least two feet of earth over the outside container.
6) In covering up, all graves must be kept level with the existing area. Raised mounds will not be permitted. Tarpaulins must be used on adjacent plots when opening a grave.
7) Except in cases of necessity (danger of contagion, infection or epidemic) interments will not be made on Sundays or specified Statutory Holidays, unless by permission of the Board.
8) Winter burials are discouraged, from December 1 until April 30. The Cemetery Board encourages the use of the Cemetery Vault, to store the deceased’s remains. Funeral Directors will make arrangements to carry out spring burials and notify family members.
9) The fee for vault use must be paid before the deceased remains are stored.
10) On previous purchased lots where the burial right fee was not paid at the time of purchase, this fee must be paid before interment. (as per the pricing schedule}.
COLUMBARIUM REGULATIONS:
1) The by-laws of the Cobden Union Cemetery shall apply to the Columbarium as far as the nature of the case permits.
2) A proper Certificate of Cremation must accompany all cremated remains before inurnment can take place.
3) No inurnment shall be made without permission from the burial rights holder or a proper representative of the estate if the burial rights holder is deceased.
4) Compartments will be opened by persons designated by the Cemetery Board, and sealed by them after an inurnment is made.
5) It is advisable that, the name of the person for whom inurnment is intended, be registered in the books of the Secretary-Treasurer of the Board, so that no complications may arise when request for inurnment is made.
6) No Inurnment shall be permitted until all payments due to the Cemetery Board have been made, as per Cemetery Board schedule.
7) Flowers, wreaths, and designs placed against or near any part of the Columbarium that are liable to stain or deface the structure, will be removed. No glass vases or other breakable items should be placed around the Columbarium. Nothing is to be attached to the face of the Columbarium.
8) No transfer of burial rights to a Columbarium shall be valid until approved by and recorded in the books of the Cemetery Board.
9) Only two cremations are to be placed in each Niche of the Columbarium
Officially Approved December 4, 2012
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