By-Laws of the Cemetery

BY-LAW NO. 4 A by-law relating to the operation of Mount Pleasant Cemetery and/or Oakland Cemetery, London, Ontario by MOUNT PLEASANT CEMETERY (LONDON) INC. (herein called the “Corporation”) BE IT ENACTED as a by-law of the Corporation as follows:

4.1.00 Definitions

4.1.01

‘BOARD’: the duly elected or appointed Board of Directors of Mount Pleasant Cemetery (London) Inc.

4.1.02

‘BUSINESS OF THE CORPORATION’: the business of the Corporation shall function without purpose of gain for its members, and any profits or other gains to the organization shall be used in promoting its purposes of operating a public cemetery.

4.1.03

‘UPON DISSOLUTION OF THE CORPORATION’: Upon dissolution of the Corporation and after payment of all debts and liabilities, all remaining assets will be given to charities registered under the Income Tax Act.

4.1.04

‘BODY’: the body of a deceased person.

4.1.05

‘BURIAL’ or ‘INTERMENT’: the opening and closing of an in-ground Lot or Grave for the disposition of human remains or cremated human remains.

4.1.06

‘BY-LAWS’: the rules and regulations under which the Cemetery and Crematorium operates and which may be amended periodically. All by-laws and by-law amendments are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services.

4.1.07

‘CARE AND MAINTENANCE FUND’: it is a requirement under the FBCSA that a percentage of the purchase price of all Interment Rights, Scattering 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.

4.1.08

‘CASKET’: the container that holds the deceased person.

4.1.09

‘CEMETERY’: refers to Mount Pleasant Cemetery located at 303 Riverside Drive, London, Ontario and/or Oakland of Mount Pleasant Cemetery located at 390 Oxford Street West, London, Ontario.

4.1.10

‘CERTIFICATE OF INTERMENT RIGHTS’: the certificate issued to the purchaser of interment rights in either a lot, plot or niche.

4.1.11

‘COLUMBARIUM NICHE': a structure designed for inurnment of cremated human remains in sealed compartments.

4.1.12

‘COMMON GRAVE’: an area within the Cemetery where unclaimed cremated remains are buried. The Corporation does not guarantee that any urn or container can be retrieved at a later date.

4.1.13

‘CONTRACT’: for purposes of these by-laws, all purchasers of interment rights and scattering rights must sign a contract with the Corporation, detailing obligations of both parties and acceptance of the cemetery by-laws.

4.1.14

‘CORNER POSTS’: any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot.

4.1.15

‘CORPORATION’: is the corporation known as Mount Pleasant Cemetery (London) Inc. duly incorporated under the laws of the Province of Ontario with the head office at 303 Riverside Drive, London, Ontario N6H 1G2.

4.1.16

‘CREMATED REMAINS’: the residue after cremation of the body and of the casket or container in which it was received.

4.1.17

‘CREMATION VAULT’: a container which is placed in the ground to protect the urn.

4.1.18

‘FBCSA’ refers to Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulation 30/11.

4.1.19

'GENERAL MAINTENANCE ACCOUNT’: the account that has been set aside for maintenance of the cemetery and for services rendered in connection with its operation.

4.1.20

‘INTERMENT RIGHTS’: includes the right to require or direct the interment of human remains or cremated human remains in a grave, lot or niche and direct the associated memorialization.

4.1.21

‘INTERMENT RIGHTS CERTIFICATE’: the document issued by the Corporation to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights.

4.1.22

‘INTERMENT RIGHTS HOLDER’: Any person designated to hold the right to inter human remains in a specified lot.

4.1.23

‘INURNMENT’: the opening and closing of a Columbarium Niche for the placement of cremated human remains.

4.1.24

‘LOT’: an area of land in a cemetery containing, or set aside to contain human remains and includes a niche or compartment in a columbarium, and (a) ‘ADULT LOT’: any burial space intended for an adult, and (b) ‘CHILDREN'S or INFANT LOT’: any burial space intended for a child or infant, and (c)‘CREMATION LOT’: any burial space intended to receive not more than two (2) cremated remains and having a minimum size of 60.96 cm (2 feet) by 60.96 cm (2 feet) OR three (3) cremated remains and having a minimum size of 0.91 metres (3 feet) by 0.91 metres (3 feet).

4.1.25

‘GENERAL MANAGER’: the person appointed by the Board of Directors as General Manager of the Cemetery.

4.1.26

‘MARKER’: any memorial of granite or marble set flush with the surface of the ground, and used to mark the location of a lot. A marker also may mean an ornament of bronze affixed to or intended to be affixed to a lot such as a columbarium niche or other structure or place intended for the deposit of human remains.

4.1.27

‘MINISTRY’: The Ministry of Consumer Services.

4.1.28

‘MOUNT PLEASANT CEMETERY’: the Cemetery owned and operated Mount Pleasant Cemetery (London) Inc. and located at 303 Riverside Drive, London, Ontario

4.1.29

‘MONUMENT’: any permanent memorial projecting above the ground level.

4.1.30

‘OAKLAND CEMETERY’: the Cemetery owned and operated by Mount Pleasant Cemetery (London) Inc. and located at 390 Oxford Street West, London, Ontario.

4.1.31

‘PLAN’: the plan of the Cemetery, as approved by the Ministry.

4.1.32

‘PLOT’: two or more lots in which the rights to inter have been sold as a unit.

4.1.33

‘PRESIDENT’: the President of the Board of Directors.

4.1.34

‘PRICE LIST’: list of fees.

4.1.35

‘SCATTERING’: the act of spreading cremated human remains over a designated area within the cemetery with the knowledge and permission of the Corporation and in keeping with the cemetery by-laws.

4.1.36

‘SCATTERING GARDEN’: a garden where cremated human remains are scattered in a communal area.

4.1.37

‘SCATTERING LOT’: an area of land in a cemetery containing or set aside to contain cremated human remains.

4.1.38

‘SCATTERING RIGHTS HOLDER’: Any person designated to hold the right to scatter cremated human remains in a scattering lot.

4.1.39

‘SECRETARY’: the Secretary of the Board of Directors.

4.1.40

‘TABLET’: an inscribed upright memorial that sits on top of a base.

4.1.41

‘TRUST FUNDS’: those funds in which a trustee may invest, which are defined in the ‘Trustee Act’ being Chapter T.23 of the Revised Statutes of Ontario, 1990.

4.1.42

‘URN’: a container that holds cremated remains.

4.1.43

‘VAULT’: a container which is placed in a grave to protect the casket.

4.2.0 General Information

These cemetery By-Laws are the rules and regulations that govern the operation of the Cemetery to help ensure the preservation and proper operation of the Cemetery. They reflect time tested Cemetery practices and have been developed based on experience since 1875.

We suggest you check with the Corporation for the up-to-date By-laws, as amendments may be made from time to time. These By-laws are approved by the Ministry of Consumer Services.

If you have any questions, please contact the cemetery office.

4.2.01

The cemetery grounds are open from dawn to dusk. Entry at other times is not permitted.

4.2.02

Office hours are Monday to Friday 8:30 am to 5:00 pm, Saturdays 9:00 am to 1:00 pm. The office is closed on Sundays and Statutory Holidays.

4.2.03

Funeral Services or Cremations will not be accepted on Sundays, Statutory Holidays, Monday to Friday after 4:30 pm or Saturday after 1:00 pm.

4.2.04

The Corporation reserves full and complete control and management of the land, buildings, plantings, roads, utilities, books and records of the Corporation and complete authority to administer these By-laws.

4.2.05

Ownership of all cemetery lands remains vested with the Corporation at all times. The purchase of Interment Rights is not a purchase of Real Estate or Real Property. Purchasers of Interment or Scattering Rights 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, inurnment, 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.

4.2.06

The Corporation has the right at any time to re-survey, enlarge, diminish, re-plot, change or remove plantings, grade, close pathway or roads, alter in shape or size, or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities.

4.2.07

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 Corporation. The Corporation will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation.

4.2.08

After the 30 day cooling-off period and upon receiving written notice from the purchaser of the interment or scattering rights, the Corporation 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 be returned to the Corporation along with the written notice of cancellation.

4.2.09

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.

4.2.10

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 Corporations’ records, has the right to re-sell the interment rights to the Corporation. Any resale of the interment rights shall be in accordance with the requirements of these by-laws and in keeping with the FBCSA.

4.2.11

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.

4.2.12

Care and Maintenance Fund Contributions. As required by section 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, scattering rights and a prescribed amount of $25.00 where there were 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.

4.2.13

The Corporation prohibits the private resale of Interment Rights and Scattering Rights. If a rights holder(s) wishes to re-sell the interment rights or scattering rights, the rights holder(s) must make the request to the Corporation in writing. The Corporation will repurchase the interment or scattering rights at the price listed on the current price list less the care and maintenance fund contribution made at the time of purchase. If additional research is required to determine the correct owner then a fee will be charged according to the amount of research involved. The re-purchase and payment to the rights holder requesting the sale will be completed within 30 days of the request.

4.2.14

The rights holder(s) requesting the resale of the rights must return the interment or scattering rights certificate to the Corporation and the rights holder(s) endorse the interment or scattering rights certificate, transferring all rights, title and interest back to the Corporation. The appropriate paperwork must be completed before the Corporation reimburses the rights holder(s).

4.2.15

All services are subject to fees as specified in the Price List.

4.2.16

Including, but not limited to benches, chairs, fences, borders, sharp objects, ornaments, wooden crosses, shepherds crooks, hanging baskets, plant stands, solar lights, candles, lanterns, flags, wind chimes, stones, articles of glass or pottery or any other material that create a hazard to workers and to visitors when neglected or broken are not allowed in the Cemetery. The Corporation may remove at its sole discretion, any such article and dispose of it without notification.

4.2.17

The General Manager and his/her assistants are empowered and are required to preserve order and decorum in the cemetery.

4.2.18

No parades other than funeral processions shall be admitted to or be organized within the Cemetery save and except for processions approved by the Board.

4.2.19

Children under the age of twelve years are welcome in the Cemetery grounds when accompanied by an adult, who shall be responsible for their good conduct and shall see that they do not climb on the monuments.

4.2.20

Vehicles within the Cemetery shall be driven at a moderate rate of speed and shall not leave the avenues or park on the grass unless directed to do so by the General Manager. Proprietors of vehicles and their drivers shall be held responsible for any damage done by them. No all-terrain vehicles or snowmobiles are allowed in the cemetery.

4.2.21

Discharging of firearms, other than in regular volleys at burial services is prohibited in the Cemetery.

4.2.22

Water is provided for purposes of watering flowers. It is non-potable.

4.2.23

Dogs and other pets must be restrained by a proper leash and accompanied by their owner. It is the responsibility of the dog owner to clean up behind their pet.

4.2.24

Any person who, in the Cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a Cemetery is liable to the Corporation and any interment rights holder who, as a result, incurs damage. The amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.

4.2.25

The Corporation 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, monument, marker, vase, 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.

4.2.26

Any complaints by interment rights holders or visitors should be made to the General Manager, and not to workers on the grounds and controversies with workers or others on the grounds are to be avoided.

4.2.27

Any person disturbing the quiet and good order of the Cemetery by noise or other improper conduct or who violates these by laws, shall be expelled from the grounds.

4.2.28

No tips or gratuities are to be given to Cemetery workers by visitors or interment rights holders, nor shall any be accepted by any Cemetery worker.

4.3.0 Interments, Disinterments & Scattering

4.3.01

Burials shall take place weather permitting.

4.3.02

Not more than one burial shall be made in any adult size grave except:
a) the cremated remains of not more than four persons.
b) a 60.96 x 30.48 cm (24" x 12") infant container may be buried at the path end of a single lot in which a casket containing human remains has been buried, provided space is available.

4.3.03

All interments, inurnments and scatterings must be authorized in writing by the rights holder or their legal representative, except the interment of the rights holder. It is advisable that, the name of the person(s) for whom interment is intended, be registered on the books of the Corporation, so that no complications may arise when request for interment is made.

4.3.04

The General Manager of the Cemetery, his/her assistant or someone in the employ of the Corporation may be in attendance at each interment.

4.3.05

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 Corporation prior to a burial taking place. A Certificate of Cremation must be submitted to the Corporation prior to the burial of cremated remains or scattering of cremated human remains.

4.3.06

In the case of a cremation interment, inurnment or scattering, the cremation certificate and the prescribed fee for this service according to the Price List must be deposited with an official of the Corporation.

4.3.07

Cremation urns may be interred without a cremation vault. Should a cremation vault be used, where space permits, a service charge shall apply.

4.3.08

Cremated remains may be scattered in a designated scattering area, only under the direction of the Corporation. Cremated remains are not permitted to be scattered on a grave. Cremated remains cannot be retrieved once scattered.

4.3.09

When interment rights in a lot/plot are held jointly by two or more persons, an order will be accepted from either or any of them or the majority of them or their authorized representatives, for interment in such part of the plot as may be requested.

4.3.10

No lot shall be opened for interment or disinterment by any person not in the employ of, or under the direction of the Board, except under special circumstances, and by permission of the Board.

4.3.11

The interment fee includes the documentation, recording, staffing, grave opening and closing.

4.3.12

The Corporation will exercise all due care in making interments and disinterments, but is not responsible for damage to any casket, urn or other container sustained during interment or disinterment.

4.3.13

No interment shall be permitted in any lot where the interment rights have not been paid in full.

4.3.14

When a vault is used the Corporation will not be responsible for the number of interments that can fit in a plot.

4.3.15

Funeral corteges within the Cemetery shall follow the route indicated by the General Manager.

4.3.16

The Corporation reserves the right, at its cost, to correct any error that may be made by it in making interments, or in the description of the lot, or the transfer or conveyance of any interment rights. The Corporation may either cancel such grant and substitute other interment rights or lot of equal value and similar location, as far as is reasonably possible; or refund all money paid on account for such purchase. Notice will be given personally to the interment rights holders. If necessary, it may be mailed to the interment rights holders or their legal representatives, at their last address in the record books of the Corporation. In the event any such error may involve the disinterment of remains, the Corporation shall first obtain the approval of any regulatory authority.

4.3.17

Notice of each interment to be made shall be given to the General Manager of the Cemetery at least 24 hours in advance, 8 hours of which must be regular working hours. The Corporation cannot be held responsible for having lots prepared for funerals unless such notice is given.

4.3.18

No interment shall be made on Sunday or Statutory Holidays unless the Corporation is ordered to do so by a representative of the Ministry of Health.

4.3.19

A minimum of 5 regular working days notice is required to perform a disinterment.

4.3.20

Disinterments will only be performed between April 15 - October 15 and where ground conditions permit.

4.3.21

Human remains may be disinterred from a lot provided that the written consent of the interment rights holder has been received by the Corporation and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received at the Corporations 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.

4.3.22

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).

4.3.23

All disinterments and/or re-interments shall be conducted under the direction of the Corporation and shall be consistent with health and safety standards. The Corporation will not be responsible for damage to any casket or container which occurs during the course of the Removal. A new casket or container may be required to facilitate a removal for which an additional charge will apply. The Corporation will require any outer vault and casket that has been replaced to be removed from the cemetery for disposal. All costs shall be borne by the party authorizing the disinterment.

4.3.24

The Corporation will not be responsible for damage to any cremation urn or cremation outer container which occurs during the course of disinterment. Due to the length of time a cremation urn has been buried and/or the conditions to which it has been exposed, the Corporation cannot guarantee that it can retrieve a cremation urn or cremation container buried in the ground. The condition of any cremation urn or cremation container disinterred may be unstable, in which case, a replacement urn may be required at the expense of the party authorizing the removal.

4.3.25

It is a legal requirement that the Corporation be notified that a death is a result of contagious disease, prior to arrangements being made for the Burial. In the event that a contagious disease has been confirmed, the Corporation reserves the right to adhere to recognized Health and Safety practices. The Corporation may designate the hour and manner in which Burials may be made. The human remains of persons who have died from contagious diseases may be removed only with the consent of the local medical officer of health or other public official having authority.

4.3.26

Extra depth burials will only be allowed in graves that were purchased with that intention previous to September 2006, where ground conditions permit.

4.3.27

Where lots were purchased previous to 1955 and no Care and Maintenance has been paid on said lot, a fee as determined by the Price List will be charged on all future interments. This fee will be deposited to the Care and Maintenance Trust Fund.

4.3.28

A Veterans, grave allows for 1 casket interment and 1 cremation interment of the Veteran and their Spouse only.

4.3.29

A Veterans’ niche allows for the cremated remains of only the Veteran and their Spouse.

4.4.00 Columbarium Regulations

4.4.01

The by-laws of the Corporation shall apply to Columbarium as far as the nature of the case permits.

4.4.02

A proper Certificate of Cremation must accompany all cremated remains before inurnment can take place. The inurnment fee includes the documentation, recording, staffing, and niche opening and closing.

4.4.03

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

4.4.04

Compartments will be opened only by employees of the Corporation and sealed by them after an inurnment is made.

4.4.05

It is advisable that, the name of the person for whom inurnment is intended, be registered on the books of the Corporation, so that no complications may arise when request for inurnment is made.

4.4.06

No inurnment shall be permitted until all payments due to the Corporation have been made.

4.4.07

The Corporation reserves the right to supply and install all bronze plaques on the Columbarium to ensure quality control, uniformity and standard of workmanship.

4.4.08

Artificial and fresh cut flowers in vases attached to bronze plaques are permitted any time provided that they do not encroach on adjacent Niches. Flowers that have become unsightly and/or any unauthorized adornment will be removed and disposed of without notification.

4.4.09

No transfer of Interment Rights to a Columbarium shall be valid until approved by and recorded in the books of the Corporation.

4.4.10

The number of cremated remains to be placed in each niche is determined by the urn size and niche dimensions and in accordance with the designated policy for each Columbarium.

4.5.00 Care of Lots - General

4.5.01

All lots and plots shall be maintained and kept properly graded, sodded and mown by employees of the Corporation.

4.5.02

Income from the Care and Maintenance portion of the Interment Rights is used to maintain and preserve the Cemetery grounds. The following is an example of routine maintenance covered by this income:

  • Re-levelling and sodding or seeding graves
  • Maintenance of cemetery roads and water systems
  • Maintenance of perimeter fences
  • Maintenance of cemetery landscaping
  • Maintenance of columbaria
  • Repairs and upkeep of cemetery maintenance buildings and equipment.
  • Maintenance of trees

To the extent that income from the Memorial Care and Maintenance Fund permits, the Corporation will stabilize and secure Markers and Monuments within the Cemetery.

4.5.03

The trimming of shrubs on individual Lots, preparation of flower beds, cleaning of memorials and other special services are deemed to be additional to services outside of those services covered by the Care and Maintenance Fund, for which a reasonable charge is made.

4.5.04

Planting of trees or shrubs is strictly prohibited in Oakland of Mount Pleasant Cemetery.

4.5.05

Evergreens are permitted in designated sections and only on lots with an upright monument , one shrub may be planted on either side of the monument. All plantings must be approved by the General Manager. No trees or shrubs growing within any lot may be removed or altered without the consent of the General Manager. The height of such shrubs and/or ornamental trees shall at no time exceed .91 metres (3 feet) above adjacent ground level. The diameter of such shrubs and/or ornamental trees at their widest point, including all foliage and roots shall at no time obstruct adjacent lots.

4.5.06

Interment Rights Holders wishing to have independent contractors provide service on their Lot must provide written authorization for the work to be performed. The contractor must provide written authorization to the office before commencing the work and abide by all Cemetery By-laws and more specifically the Contractor By-laws outlined in Section 4.8.00.

4.5.07

If any trees or shrubs situated in any lot shall have become by means of their roots or branches or in any other way, detrimental to the adjacent lots, drains, roads or walks, or prejudicial to the general appearance of the grounds or in the way to open a grave, the Corporation may remove such trees, shrubs or parts thereof.

4.5.08

The Corporation shall not be responsible for loss or damage to any articles left upon any lot or plot.

4.6.00 Care of Lots - Flowers & Wreaths

4.6.01

The Corporation reserves the right to remove all flowers, potted plants, wreaths and baskets of flowers when they become withered, unsightly, off season or for any other reason such removals are in the best interest of the Cemetery.

4.6.02

During the growing season, wreaths are not permitted. Flowers, artificial or fresh are allowed in unbreakable vases.

4.6.03

Vases, urns and flower stands not properly cared for and not filled with plants by the twentieth of June in any year may be removed from the lots and any stand, holder, vase or other receptacle for flowers which are unsightly or unsuitable may be prohibited or removed by the General Manager. Items removed will be held for 30 days then disposed of.

4.6.04

Flower beds extending not more than 45.72 cm (18 inches) from the monument base shall be permitted equal to the length of the base.

4.6.05

Flowering or other plants may be cultivated on lots with upright monuments, but only such varieties that are in keeping with the general plan of the grounds and SUBJECT TO THE APPROVAL OF THE GENERAL MANAGER. Rose bushes, cactus or any plants with thorns are not allowed. Planting of borders around entire lots is prohibited.

4.6.06

Flower beds, shrubs or planting in the ground of any kind is NOT PERMITTED ON FLAT MARKER LOTS.

4.6.07

Flower beds are required to be cleared of tender plants after the first frost of the autumn. Interment rights holders desiring to take any plants away should do so before their removal becomes necessary.

4.6.08

Artificial wreaths without glass covers are allowed to be placed on the lot after November 1st, provided they are securely fastened to the monument, or where there is no monument, mounted on a stand of at least 76.20 cm (30 inches) high securely anchored to the ground.

4.6.09

To preserve the proper appearance of the grounds, artificial wreaths and seasonal or withered monument saddles must be removed before MARCH 31 of each year, otherwise the Corporation’s representative will remove and dispose of them.

4.6.10

Flower vases must be removed or turned down by October 15. A maximum of two flower vases per lot is allowed.

4.7.00 Monuments & Markers

4.7.01

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

4.7.02

Only the Corporation may install Markers, Monument foundations and Bronze vases that are set in the ground.

4.7.03

Flat Markers are to be flat on top and set level with the ground so that a lawnmower can pass safely over them and shall be set by employees of the Corporation. The minimum thickness for all flat markers including footstones is 10 cm (4inches). Only one flat marker per grave space and two corner posts are allowed on a flat marker plot.

4.7.04

Due to the danger of becoming damaged or broken, picture or photograph attachments are not permitted on flat markers.

4.7.05

Markers will be accepted for installation during regular working hours. If weather and ground conditions permit, installations will be made within 60 days after acceptance. Markers will not be accepted for storage during the winter months.

4.7.06

Bronze is not permitted on flat markers or upright memorials unless in a designated area by the Corporation. Ornaments or decorations that were not an original part of the memorial are not to be attached to any part of the monument, base or marker.

4.7.07

All markers and monuments shall be constructed of granite or marble. The bottom bed of all bases and markers shall be cut level and true.

4.7.08

No monument, footstone, marker or memorial of any kind shall be placed, moved, altered or removed without permission from the General Manager.

4.7.09

No monument or marker will be accepted by the Cemetery without the Request for Installation form duly completed.

4.7.10

Every person installing a monument or marker in the Cemetery shall pay the prescribed amount, as set out in the FBCSA to the Corporation’s Care and Maintenance Fund. The interest earned from this fund will be used to maintain the markers or monuments in a safe condition.

4.7.11

If a monument or marker in the Cemetery presents a risk to public safety because it has become unstable, the Board shall do whatever is necessary by way of repairing, resetting or laying down the memorial to remove the risk. Additional inscription cannot be added to an unstable monument until the monument has been stabilized at the Rights Holders’ or their representatives’ expense.

4.7.12

Minor scraping of the base portion of the upright monuments due to the turf mowing operation is considered by the Corporation to be normal wear.

4.7.13

The Corporation 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, corner posts, vases or part thereof except where such damage or loss is due to its negligence.

4.7.14

Only one monument may be installed per plot in an upright area, and only one flat marker per grave space. Four corner posts are allowed on an upright plot. The monument must be centered at the end of the plot designated for it.

4.7.15

The face area, including the base, of any monument, shall not exceed fifteen per cent of the surface of the lot, and the length of the base shall not exceed sixty percent of the width of the lot. The base area of any monument must not exceed ten percent of the surface area of the lot.

4.7.16

The minimum thickness of a tablet should be 20.32 cm (8 inches). For each 30.48 cm (1foot) in height above 96.52 cm (38 inches) from ground level, a corresponding increase of 5.08 cm (2 inches) in thickness must be made to the tablet.

4.7.17

The tablet must be installed on a granite base. The height of the base shall be a minimum of 20.3 cm (8 inches). The top surface of the base must be both wider and longer than the tablet in order to provide a minimum border of 7.6 cm (3 inches) of the surface of the base exposed on all sides. Bottoms of the base shall be smooth sawn.

4.7.18

For Section J, the maximum height of monuments including the base on single, double and triple grave lots will be 96.5 cm (38 inches) and a six grave lot will be 111.7 cm (44 inches).The maximum height of the monument including the base for cremation upright lots will be 81.2 cm (32 inches).

4.7.19

Monuments can only be erected on lots designated for monuments and not in any area designated for “Flat Markers Only”.

4.7.20

Unless abutting plots are owned, both sides of the stone cannot be used for inscription.

4.7.21

Foundations will be constructed after April 15th and before October 15th weather permitting.

4.7.22

The foundation shall be built in the designated space and in the proper dimensions of the monument base. If incorrect dimensions have been given on the application form, signed by the interment rights holder and/or the supplier, the foundation must be immediately removed and rebuilt by the cemetery at the expense of the interment rights holder. Foundations will be not less than 1.22 metres (4 feet) deep where ground conditions permit and they will be set at the managers’ direction. Foundations must be cured for a minimum of 48 hours before placing the monument.

4.7.23

Where an existing base is being replaced with a larger base, the existing foundation must be completely removed and a new foundation poured at the Rights Holders expense.

4.7.24

Only one bronze plaque 22” x 10” may be placed on a Memory Stone in Section J.

4.7.25

The Corporation reserves the right to remove at its sole discretion any monument, marker or inscription which is not in keeping with the dignity and decorum of the Cemetery.

4.7.26

Inscription on Veterans’ monuments and niche plaques must contain information related to the Veterans’ service.

4.8.00 Rules for Contractors

4.8.01

It is the responsibility of all Contractors to report to the Cemetery office before commencing any work.

4.8.02

All Contractors performing any work within the property must comply with all applicable legislation, including and without limitation: Workers Compensation, Occupational Health and Safety, Environmental Protection, and maintain General Liability Insurance and Auto Insurance of not less than $2,000,000.00 coverage for each policy. Such Contractor shall provide written proof of such Coverage naming Mount Pleasant Cemetery (London) Inc. as an additional insured on the certificate for the job functions they are providing, prior to commencing any work within the property. Should a Contractor not be able to provide written proof of Coverage, said Contractor shall be prohibited from completing any work until written proof of Coverage has been provided to the Cemetery office.

4.8.03

All Cemetery by-laws apply to all Contractors and all work carried out by Contractors within the Cemetery grounds.

4.8.04

Contractors will conduct their operations to prevent damage to any grounds, turf, shrubs, trees, flowerbeds, Monuments, Markers, vases, or any other article or natural feature in the Cemetery. Contractors shall lay planks on the Lots, Graves and paths over which heavy materials are to be moved, in order to prevent damage. Any damage caused by Contractors shall be rectified by the Cemetery at the expense of the Contactors.

4.8.05

Contractors are not permitted to work within the Cemetery during evenings, Sundays or statutory holidays unless granted special permission by the Corporation.

4.8.06

Contractors shall temporarily cease all operations if they are working within 30 metres of a funeral until the conclusion of the service. The General Manager 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 grounds.

4.8.07

Contractors performing work within the grounds are responsible for their actions, conduct, behaviour and attire. Shirts with sleeves, long pants and CSA approved safety boots must be worn at all times.

4.8.08

Contractors working within the grounds must remove all implements, equipment and rubbish from the grounds at the conclusion of the work or at the end of each work day. All work sites must be secured when left unattended.

4.9.00 Repeal

4.9.01

Upon this by-law coming into force previous amended by-law number 2 and amended by-law number 3 of the Corporation are repealed provided that such repeal shall not affect the previous operation of such by-laws so repealed or affect the validity of any act done or right, privilege, obligation or liability acquired or incurred under the validity of any contract or agreement made pursuant to any such by-laws prior to their repeal.

4.10.00 General Provisions

4.10.01

This by-law is subject to the provisions of the FBCSA. To the extent that any particular provision of this by-law is in conflict with the provisions of the FBCSA the provisions of the FBCSA shall govern and this by-law shall be deemed to have been amended to conform thereto in all respects.

 

 

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 By-Laws of the Cemetery |  By-Laws of the Crematorium