By-Laws of the Crematorium

BY-LAW NO. 5 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:

5.1.00 Definitions

5.1.01

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

5.1.02

‘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.

5.1.03

‘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.

5.1.04

‘BODY’: the body of a deceased person.

5.1.05

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

5.1.06

‘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.

5.1.07

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

5.1.08

‘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.

5.1.09

‘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.

5.1.10

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

5.1.11

‘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

5.1.12

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

5.1.13

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

5.1.14

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

5.1.15

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

5.1.16

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

5.1.17

‘MINISTRY’: The Ministry of Consumer Services.

5.1.18

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

5.1.19

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

5.1.20

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

5.1.21

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

5.1.22

‘PRICE LIST’: list of fees.

5.1.23

‘URN’: a container that holds cremated remains.

5.2.00 Crematorium Regulations

5.2.01

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

5.2.02

Crematorium hours are Monday to Friday 8:30 am to 4:30 pm, Saturdays 9:00 am to 12 noon. The crematorium is closed on Sundays and Statutory Holidays.

5.2.03

The Corporation cannot:

cremate the remains of more than one person at once in the same retort.
cremate animal remains.
co-mingle cremated remains of more than one person.
separate cremated remains.

5.2.04

Identification of the deceased shall be made prior to the delivery of the deceased to the crematorium. Caskets and cremation containers must arrive at the crematorium clearly marked with the name of the deceased.

5.2.05

Before cremation can take place, the following documents must be completed, delivered to the office or crematorium, signed by the proper authority, and approved: a cremation contract, a cremation application, a coroner’s certificate, and a burial permit.

5.2.06

A deceased person shall only be received for cremation in a fully combustible casket or container deemed appropriate and with a top, four sides and a solid bottom allowing the casket/container encasing the human remains to be moved by using a set of rollers.

5.2.07

Once received by the crematorium personnel, the casket/container will remain closed unless permission is given by the purchaser or a judge allowing the licensed funeral director to open the casket or container. Under no circumstances will crematorium staff be allowed to open the casket or container. The deceased will be cremated in the delivered casket or container, which must be made of readily combustible materials. All non-combustible parts on the outside of the casket /container will be removed prior to cremation, if possible.

5.2.08

The crematorium will not cremate a casket / container constructed of non-flammable or hazardous material or a material prescribed by the regulations under the FBCSA, nor will the crematorium cremate a body in which a pacemaker or other prescribed device is present. This does not limit the right to refuse to cremate, in any instance, and without assigning reasons.

5.2.09

The crematorium will not under any circumstances cremate an individual with a radioactive implant, or an individual who has received microscopic radioactive treatment such as thera-seed. An implant heart pacemaker or other implant radioactive devices could explode during the cremation process and are to be removed by the funeral establishment or transfer service operator or others, before the deceased is delivered to the crematorium for cremation. The purchaser of cremation services is required to certify whether the body contains any of the aforementioned devices. The purchaser of the cremation services will be liable for any damages to the crematorium or crematorium staff for failure to notify the funeral establishment or transfer service, or any others responsible for the removal of such a device.

5.2.10

Eight (8) working hours-notice is required if relatives and friends wish to witness the commencement of cremation. The closed casket or container will be inserted into the cremation chamber by the crematorium staff. The initial engaging of the cremation mechanical equipment will signify the conclusion of the witnessing procedure and the operations area will be vacated immediately. Only the crematorium staff are allowed to remain in the crematorium during the cremation process and subsequent procedures. A limited number of observers will be allowed in the witnessing room. Access can be denied by the crematorium staff.

5.2.11

Stainless steel Identification tags will be placed with the human remains throughout all the stages of the cremation process.

5.2.12

Cremated remains are placed in a temporary container which is provided by the Crematorium without additional charge, or in a container provided or purchased by the individual or family. In the event that the container supplied will not hold all of the cremated remains, an additional container will be used.

5.2.13

Where instructions for disposition of the cremated remains has not been arranged one year following cremation, the cremated remains may be interred in a common grave and an invoice will be forwarded to the Applicant for the prevailing charge.

5.2.14

The chapel and committal room are available for committal services of all faiths, provided the services are conducted with reverence and decorum. In the absence of a Funeral Director, the applicant shall designate one person to be in charge of the service and communicate with the office staff. The Corporation must be informed of the designated individual in advance of the service. In consideration for the next family service the Chapel/Committal Room must be vacated at the expiration of the time allotted. The Corporation reserves the right to refuse the use of the chapel or cremator without assigning reasons.

5.3.00 General Provisions

5.3.01

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