TO: DATE: Mayor & Members of Council January 12, 2016 Tl"ent REPORT RE: Sandy Lake Cemetery By-law 2016-009 FROM: Lois O'Neill-JaC!, CAO APPROVED BY: t. of)' ~~ RECOMMENDATION: That Council receives the report from the CAO and supports the passing of By-law B2016-009, being "A By-law to Provide for the Control, Regulation and Management of the Sandy Lake Cemetery" and authorizes staff to proceed with the submission of the By-law to the Ministry of Government and Consumer Services for approval; and further That as required in the By-law: - Notification of the passing of the By-law be published once in a newspaper with general circulation in the locality in which the Cemetery is located. - The By-law be conspicuously posted on a sign at the entrance of the Cemetery. - The By-law be 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. - The By-law be posted on the municipal website www.trentlakes.ca and in accordance with the requirements contained within the Municipality's Notice Policy. FINANCIAL IMPLICATIONS: None at this time. BACKGROUND: At the meeting on December 15, 2015, Council adopted the following portion of the resolution respecting Sandy Lake Cemetery: "That Council receives the reporl from the CAO regarding the transfer of the management and oversight of the Sandy Lake Cemetery to the Municipality of Trent Lakes; and... That staff be directed to underlake all necessary actions to complete the transfer of the Sandy Lake Cemetery to the Municipality with the Ministry of Government & Consumer Services including the preparation of any documentation in an expeditious manner. " The CAO has now completed the preparation of the By-law for the Control, Regulation and Management of Sandy Lake Cemetery and a full copy of the draft By-law is attached to this report as well as listed with the By-law for adoption at this meeting.
Once adopted by Council this By-law will be submitted to the Ministry of Government and Consumer Services for approval in accordance with the Funeral, Burials and Cremation Services Act. Council is further advised that a Caretaker Agreement has been prepared between the Municipality of Trent Lakes and Lennox Cemetery Management for the provision of Cemetery Maintenance Service at Sandy Lake Cemetery. The provision of these services by the "Cemetery Maintenance Operator" is reference in the By-law. Derrick Lennox has provided this service to the Sandy Lake Cemetery Board for several years and is familiar with all the operations at the Cemetery. The assistance of Mr. Lennox will be of great benefit to Trent Lakes as we assume the management and oversight of the Sandy Lake Cemetery. The final agreement will come forward to CounCil for approval as soon as it has been executed by Lennox Cemetery Management. Respectfully submitted, Lois O'Neill-Jackson CAO Attached
THE CORPORATION OF THE MUNICIPALITY OF TRENT LAKES BY-LAW NUMBER B2016-009 A BY-LAW TO PROVIDE FOR THE CONTROL, REGULATION AND MANAGEMENT OF THE SANDY LAKE CEMETERY WHEREAS Ihe Corporation of the Municipality of Trent Lakes, then known as The Corporation of Ihe Township of Harvey, passed By-law B93-61 to establish rules and regulations for the Sandy Lake Cemetery on October 19, 1993; and WHEREAS the Corporation of the Municipality of Trent Lakes is the registered owner of the Sandy Lake Cemetery lands described as Part 1 on Plan 45R3564 and Part on Plan 45R12714, former Township of Harvey, County of Peterborough; and WHEREAS the Sandy Lake Cemetery Board who have voluntarily provided oversight of the Sandy Lake Cemetery for many years have requested that the Municipality of Trent Lakes assume all the administrative duties and management of the Cemetery; and WHEREAS a new By-law respecting the control, regulation and management of the Sandy Lake Cemetery is required to comply with the Funeral, Buriel and Cremation Services Act, 2002, S. O. 2002, c. 33; and WHEREAS Ihis By-law shall be referred to as Ihe 'Sandy Lake Cemetery Bylaw"; NOW THEREFORE BE IT RESOLVED THAT the Council ofthe Corporation of the Municipality of Trent Lakes hereby enacts as follows: 1, DEFINITIONS Burial: The opening and closing of an in-ground lot or plot for the disposition of human remains or cremated human remains. By-laws: The rules and regulations under which the Cemetery operates. Care and Maintenance Fund: It is a requirement under the Funeral, Burial and Cremation Services Act that a percentage of the purchase price of all intennent rights, and set amounts for marker and monument installations are allocated to the Care and Maintenance Fund. Interest earned from this Fund is used to provide care and maintenance of plots, lots, markers and monuments at Ihe Cemetery. Cemetery: The lands set aside and approved for the internment of human remains known as Sandy Lake Cemetery which is owned and operated by the Corporation of the Municipality of Trent Lakes. Cemetery Committee: A group of volunteers appointed by the Municipality of Trent Lakes to assist with the oversight of Ihe Sandy Lake Cemetery, including organizing annual events such as Decoration Day. Cemetery Maintenance Operator: A business contracted by the Municipality of Trent Lakes to regularly groom the cemetery lawns and shrubs; openlclose graves and other duties related to intennent; and ullimately maintain the cemetery as a safe and beautiful place to visit. Columbarium: A structure designed for Ihe purpose of interring cremated human remains in sealed compartments. A compartment is referred to as a niche and can hold up to two (2) cremated remains.
Contract: For purposes of this By-law, all purchasers of intennent rights must sign a contract whh the Municipality, detailing obligations of both parties and acceptance ofthis By-law. Comer Posts: Any stone or other land markers set flush whh the surface of the ground and used to indicate the location of a lot or plot. Cremation Monument: Any pennanent memorial containing cremated human remains projecting above the ground. Grave (also known as Lot): Any in-ground burial space intended for the Intennent of a child, adult or cremated human remains. Inter: The disposition of human remains or cremated human remains. Interment: The opening and closing of an in ground lot, plot, columbarium, cremation monument or other structure for the disposhion of human remains or cremated human remains. Interment Right: The right to require or direct the intennent of human remains or cremated human remains in a grave, lot, niche or crypt and direct the associated memorializatlon. Interment Rights' Certificate: The document issued by the Municipality to the purchaser once the intennent rights have been paid in full, identifying ownership of the intennent rights, memorialization options and resale of intennent rights. Interment Rights' Holder: Any person designated to hold the right to Inter human remains or cremated human remains in a specified lot, plot, columbarium or cremation monument or removal of human remains or cremated human remains and associated memorialization as registered in the Cemetery records. Lot: For the purposes of this By-Law, a lot is a single grave space. Marker: Any pennanent memorial structure that is set flush and level with the ground and used to mark the location of a burial lot. Monument: Any pennanent memorial projecting above the ground and 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 purposes of this By-law, a plot is a two or more lots where interment rights have been sold as a single unit. Monument Foundation: The in-ground concrete foundation constructed to support the monument base. Municipality: The Corporation of the MunicipalHy of Trent Lakes. Removal: The removal of human remains, including cremated human remains, from a closed grave, lot or niche. Vaultlliner: A cement or concrete enclosure for a casket burial. 2. GENERAL INFORMATION 2.1 This By-law shall apply to all activities, business, interments, contractors, staff and all persons visiting the Cemetery. 2.2 The MunicipalHy reserves full control over the Cemetery operations and management of land within the Cemetery grounds. 2.3 No person may damage, destroy, remove or deface any property within the Cemetery.
2.4 All visitors should conduct themselves in a quiet manner that shall not disturb any services being held. Children must be accompanied by an adult who shall be responsible for their behavior. 3. BY-LAWS 3.1 The Cemetery shall be governed by these By-laws, and all procedures shall comply with the Funeral Burial & Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically. 3.2 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. 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. d) Posted on the municipal website www.trentlakes.ca and in accordance with the requirements contained within the Municipality's Notice Policy. 3.3 All By-laws and By-law amendments are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services or their successor egency. 4. HOURS OF OPERATION 4.1 Cemetery Visitation Hours: The public may visit the Cemetery grounds during daylight hours. 4.3 Burlal Hours: Burials shall be carried out between the hours of 9 a.m. and 4 p.m. Additional service charges shall apply for burials arriving Monday to Friday after 4 p.m.; Saturdays; Sundays; and holidays. 4.2 Municipal Office Hours: Monday to Friday 9:30 a.m. to 4:30 p.m. Closed on all statutory holidays. 5. INTERMENT 5.1 All interments shall be restricted to the family and relatives of the Interment Rights' Holder unless permission is received from the Municipality. If the person's name is not on the Interment Rights' CertifICate, the Municipality must demand further information in writing from the Interment Rights' Holder or legal representative prior to any burial taking place. 5.2 The original sale of interment rights may be purchased from the Cemetery Maintenance Operator at the fees/charges approved by Council. A copy of the Sales Contract is attached as Schedule 'A' to this By-law. 5.3 The original sale of interment rights may also be purchased from the Municipality of Trent Lakes, 760 Peterborough County Road 36, Trent Lakes, Ontario for the same fees/charges approved by Council using the same Sales Contract. 5.4 All payments for interment rights shall be made payable to The Municipality of Trent Lakes. 5.5 Interment Rights' Holders acquire only the right to direct the burial of human remains or cremated human remains, and the installation of monuments, markers and inscriptions, subject to the conditions set out in this By-law. The purchase of interment rights is not a purchase of real estate or real property.
5.6 No burial of human remains or cremated remains or installation of any monument, marker, inscription, or memorialization are permitted until the intermenl rights have been paid in full. 5.7 An interment rights' certificate shall be issued to the Inlerment Rights' HoIder(s) when payment has been made in full. A copy of the Interment Rights' Certificale is attached in Schedule 'B' to this By law. 5.8 A copy of this Sandy Lake Cemetery By law shall be provided to every purchaser of interment rights. 6, LIABILITY 6.1 The Municipality shall not be held liable for any loss or damage, without limilation, (including damage by the elements, acts of God, or vandals) to any lot, plot, monument, marker, or other article that has been placed In relation to an interment right. Liability for direct loss or damage caused by gross negligence of the Cemetery Maintenance Operator shall be the responsibility of the Cemetery Maintenance Operator. 7. PETS OR OTHER ANIMALS 7.1 Pets, Including any cremated animal remains, are not allowed to be buried on the Cemetery grounds, unless interred within a casket containing human remains or beside an adult um. Pets or other animals may not solely occupy any lot or plot within the Cemetery. 8. PUBLIC REGISTER 8.1 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. A copy of the Cemetery Privacy Policy is attached in Schedule 'C' to this By law. 8.2 The Municipality is committed to protecting the privacy of Us Interment Rights' Holders. We collect, use and disclose personal information as required by federal and provincial government legislation. We do not rent, sell or trade personal information lists. In accordance with the Municipal Freedom of Information and Protection of Privacy Act, individuals may request their personal information in writing at any time, to ensure the records are correct, current or for hislorical genealogical research. 8.3 Each Interment Rights' Holder is responsible 10 notify the Municipality in wrijing of any change of address or other relevant contact information. Notice sent to the last address according to the cemetery records shall be deemed to have been received by himlher when in the course of post, ij would have reached him/her at the address in the cemetery records. 9. RIGHT TO RE-5URVEY 9.1 The Municipality 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. 10.0 CANCELLATION OR RESALE OF INTERMENT RIGHTS 10.2 A purchaser has the right to cancel an interment righls' contract wijhin thirty (30) days of signing the interment rights' contract by providing written notice of the cancellation to the Municipality. The Municipality shall refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. 10.3 Upon receiving written notice from the purchaser of the interment rights, the Municipality shall cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate
amount that is required to be deposited Into the Care and Maintenance Fund. This refund shall be made within thirty (30) days of receiving said notice. If the interment righls' certificate has been issued to the Interment Rights' Holder(s), the certificate must returned to the Municipality along w~h the written notice of cancellation. It is considered a resale of interment rights after 90 days from original date of purchase of interment righls. 10.4 If any portion of the interment rights has been exercised, the purchaser or the Interment Rights' Holder(s) is not entnled to cancel the contract or resell the interment rights. 10.5 Unless the intermenl rights have been exercised, the purchaser relains the right to cancel the contract or re-sell the interment rig his. Once payment for the interment rights has been made In full, and an interment rights' certificate has been issued, the Interment Rights' Holder(s), as recorded on the Cemetery records, has the right to re-sell the Intermenl righls. Any resale of the interment righls shall be in accordance with the requirements of this By-law and In keeping with the Funeral, Burial and Cremation Services Act. 11. CARE AND MAINTENANCE FUND CONTRIBUTIONS 11.1 As required by Sections 166 and 168 of Regulation 3D/II, a percenlage of the purchase price of all interment rights, a prescribed amount of $25.00 where there were no scattering righls sold, and a prescribed amount for monuments and markers are 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 righls are cancelled within the 30-day cooling-off period. 12, RESALE OF INTERMENT RIGHTS TO A THIRD PARTY All resales of Interment rights must be ananged through the Municipality. 12.1 The Municipality does not prohibit the re-sale of intemment rights. If an Interment Rights' Holder(s) wishes to re-sell the interment rights, the rights' holder(s) must make the request in writing to the Municipality. Interment Righls' Holder(s) must first offer the interment rights to the Municipality. The Municipality may re-purchase the interment righls at the price on the Cemetery's current price list less the Care and Maintenance Fund contribution made at the time of purchase. The re-purchase and payment to the rights' holder(s) requesting the sale must be completed w~hin 30 days of the request. The Interment Rights' Holder(s) requesting the resale of the rights must retum the Interment Rights' Certificate to the Municipality and the rights' holder(s) must endorse the Form for Repurchase of Interment Rights for Sandy Lake Cemetery (Attached as Schedule '0'), transferring all rights and interest to the Municipality. The appropriate paperwork must be completed before the Municipality reimburses the rights' holder(s). 12.2 If the Municipality does not wish to re-purchase the interment rights, the interment rights may be sold to a third party for no more than the current price listed on the Cemetery's price list, as long as the sale or transfer is conducted through the Municipality and the purchaser meets the qualifications and requirements as outlined in this By-law. 12.3 The Interment Rights' Holder(s) Intending to sell his/her rights shall provide the following documents to the Municipality so that ~ may confirm the ownership of the rights and provide the third party purchaser ~h the required certificate, etc.: a) An Interment Rights' certificate endorsed by the current rights' holder; b) One piece of pholo identification; c) Power of Attomey or Will, if required;
d) A written statement indicating the intention to sell the rights, the number of lots that have been used in the plot, and the number of lots that remain available; and, e) Any remaining documentation in the Interment Rights' HoIder(s) possession relating to the rights. 12.4 Once the endorsed certificate and all required information have been received by the Municipality from the rights' holder(s), the Municipality shall issue a new interment rights' certificate to the third party purchaser. 12.5 The third party purchaser shall be provided with the following documents by the Municipality: a) A copy olthe Sales Contract whh its Terms and Conditions; b) The Ontario Govemment's Consumer Information Guide; c) The Sandy Lake Cemetery's current By-law; d) The Sandy Lake Cemetery's current Price List; e) The Sandy Lake Cemetery's current Privacy Policy; f) Interment Rights' Certificate endorsed by the third party rights' holder; g) Any remaining documentation in the Interment Rights' Holder(s) possession relating to the rights. 12.6 Upon completion olthe above-listed procedures, and upon the issuance of the new interment rights' certificate, the third party purchaser or transferee(s) shall be considered the current Interment Rights' HoIder(s) of the interment rights, and the resale of the interment rights shall be considered final In accordance with this By-law and the Funeral, Burial and Cremation Services Act. 13. TRANSFER OF INTERMENT RIGHTS: All transfers of Intennent rights must be carried out through the Municipality. 13.1 An Interment Rights' Holder may wish to have hislher Interment Rights' Certificate transferred to another family member. A transfer is considered to be a gratuitous transaction. Photo identiflcstion by both the transferor and transferee shall be required to complete the transfer. Depending upon the circumstances, a Power of Attomey or a Will may also be required. An Endorsement Form for the Transfer of Interment Rights for Sandy Lake Cemetery (Attached as Schedule 'E') shall be signed by the transferor and a new Interment Rights' Certificate issued to the transferee. Photo identification and accompanying documentation shall be copied and kept on file whh the Municipality. 14. DUPLICATE CERTIFICATE 14.1 The Municipality may charge an administration fee for the issuance of a duplicate certificate in accordance with the current Sandy Lake Cemetery price list approved by Council. 15. BURIAL OR BURIAL OF CREMATED REMAINS 15.1 One 4' X 10' lot allows for one full casket interment plus two cremated remains' interment on top. However, if a cremation burial has taken place first, a casket may not be interred. 15.2 One 4' X 10' lot allows for four cremated remains interred only. 15.3 A concrete vaululiner is required for all casket burials. 15.4 Opening interment graves on Saturday, Sunday, holidays and after 4 p.m., Monday to Friday, are subject to additiooal tees. From December 15 to April 15, additional fees shall apply for hiring equipment to break frost and clear snow (please see the Cemetery's current price list).
15.5 The Municipality reserves the right to postpone burials in winter due to weather conditions or Interment Rights' Holder's plot location until spring or weather permits. 15.6 Interment Rights' Holder(s) must provide written authorization prior to a burial, or burial of cremated remains taking place. Should the Interment 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. 15.7 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 Cemetery Maintenance Operator prior to a burial taking place. A Certificate of Cremation must be submitted to the Cemetery Maintenance Operator prior to the burial of cremated remains taking place. 15.8 In accordance with the Funeral, Burial and Cremation Services Act, the purchaser of interment rights must enter into a Cemetery contract, providing such information as may be required by the Municipality for the completion of the Contract and the Public Register prior to each burial of human remains or each cremated human remains. 15.9 Payment must be made to the Cemetery Maintenance Operator or the Municipality before a burial can place. 15.10 The Cemetery Maintenance Operator shall be given notice of a minimum of 48 business hours for each burial of human remains or cremated human remains. 15.11 The opening and closing of graves for casket burials or cremated remains may be conducted only by the Cemetery Maintenance Operator and staff or those designated to do work on behalf of the Municipality. 15.12 Cremated remains are not permitted to be scattered on a grave or the Cemetery's grounds. 15.13 Human remains may be disinterred from a lot provided that the written consent (authorization) of the Interment Rights' Holder has been received by the Municipality and the prior notification of the Medical Officer of Health. A certificate from the local Medical Officer of Health must be received by the Municipality 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. 15.14 In special circumstances, the removal of human remains may also be ordered by certain public officials without the consent of the Interment Rights' Holder(s) and/or next of kin(s). 16. MEMORIALIZATION 16.1 No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full. 16.2 The Interment Rights' Holder must purchase comer markers that are preferred by the Municipality to mark each comer of the plot (as shown on the Cemetery's price list). 16.3 No monument, footstone, marker or memorial of any description shall be placed, moved, altered, or removed without permission from the Municipality. 16.4 Minor scraping of the monument base of an upright monument due to grassnawn maintenance is considered to be normal wear.
16.5 The Municipality shall take reasonable precautions to protect the property of tnterment Rights' Holders, but ~ assumes no liability for the loss of, or damage to, any monument, marker, or other structure, or part thereof. 16.6 The Municipality 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. 16.7 All foundations for monuments and markers shall be contracted to be built through the Cemetery Maintenance Operator at the expense of the Interment Rights' Holder. 16.8 Should any monument or marker present a risk to public safety because it has become unstable, the Cemetery Maintenance Operator shall do whatever he/she deems necessary by way of repairing, resetting, laying down the monument or marker or any other remedy so as to remove the risk. 16.9 The Municipality reserves the right to remove, at ~s sole discretion, any marker, monument, or inscription that is not in keeping ~h the dignity and decorum of the Cemetery es determined by the Municipality. 16.10 A monument or other structure shall be erected only after the specific design plans have been approved by the Municipality including: dimensions, material of structure, construction details, and proposed location. 16.11 Only one monument shall be erected ~in the designated space on any lot. 16.12 The minimum thickness for flat markers, including footstones, is 4 inches or 10 cm. 16.13 All monuments and markers shall be constructed of bronze or natural stone (i.e. granite). 16.14 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 Maintenance Operator. 16.15 Markers and footstones of bronze or granite are permitted w~h size and quantity restrictions according to this By-law and the placement of such memorials shall not interfere ~ future interments. 16.16 Lot sizes: a) b) c) Single lot maximum: Double lot maximum: Cremation lot maximum: 36" (91.4 ern) Wide 72" (182.9 cm) Wide 30" (76.2 ern) Wide 17. CARE AND PLANTING 17.1 A portion of the price of Interment rights is entrusted to the Care and Maintenance Fund. The income generated from this Fund Is used to maintain, secure and preserve the Cemetery grounds. Services that may be provided through this Fund include: a) Re-Ievelling, sodding or seeding of lot grounds; b) Maintenance of Cemetery roads, storm sewers and watering systems; c) Maintenance of perimeter walls and fences; d) Maintenance of Cemetery landscaping; and, e) Repairs and general upkeep of Cemetery maintenance buildings and equipment.
17.2 No person other than the Cemetery Maintenance Operator and/or staff shall remove any sod or in any other way change the surface of any burial lot in the Cemetery. 17.3 No person shall plant trees, flower beds or shrubs in the Cemetery, except with the approval of the Municipality. 17.4 Flowers placed on a grave for a funeral shall be removed by the Cemetery Maintenance Operator and/or staff after a reasonable time to protect the sod and maintain the tidy appearance of the Cemetery. 17.5 It is the responsibility of the rights' holder to maintain and clear overgrown shrubs or plants that cover the visibility of inscriptions on the headstone. If shrubs and plants are not maintained, they shall be removed at the discretion of the Cemetery Maintenance Operator wkhout notification. 18. ITEMS THAT ARE PROHIBITED AND PERMITTED 1 B.1 The Municipality reserves the right to regulate the articles placed on lots or plots that: a) Pose a threat to the safety of all Interment Rights' Holders; visitors to the Cemetery; and/or Cemetery Maintenance Operator and staff; b) Prevents the Cemetery Maintenance Operator and slaff from performing general Cemetery operations; and/or c) Is not in keeping wnh the respect and dignky of the Cemetery. 18.2 Prohibited articles shall be removed and disposed of without notification. 1 B.3 The MunicipalKy or the Cemetery Maintenance Operator 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. 1B.4 Memorial wreaths may be placed in the Cemetery only from October 15' to April 15"'. Wreaths must be removed no later than April 15'" in order to prepare the grounds for Spring. Wreaths not removed by April 15'" shall be removed and disposed of by the Cemetery Maintenance Operator wkhout notification. 1B.5 Potted ftowers or plants are permitted. For your convenience, there are watering cans and a water tank located in the north-east comer of the Cemetery. If flowers and plants are not tended to, they shall, at the discretion of the Cemetery Maintenance Operator, be removed without notification. 1 B.6 Lawn ornaments, lights, and artificial flowers must be placed near the headstone to allow the Cemetery Maintenance Operator to perform lawn maintenance. If ornaments, lights or artificial flowers are broken, faded or unsightly, of if they are not removed prior to November 1", the Cemetery Maintenance Operator shall remove them wkhout notification. 1B.7 No further memorial benches are permitted in the Cemetery. Once the current benches reach the end of their lifespan, they are not to be replaced. Benches currently on the grounds are to be maintained by the bench owners. Maintenance includes painting or staining and ensuring that they are safe to sk upon. Memorial benches are to be removed prior to November 1" and may be returned to the Cemetery after April 15"'. If, in the discretion of the Cemetery Maintenance Operator, a bench is not maintained and/or deemed unsafe, the owner shall be contacted to either repair or remove it from the Cemetery. 19. CONTRACTORS/MONUMENT DEALERS 19.1 Any contract work to be performed within the Sandy Lake Cemetery requires the written pre-approval of the Interment Rights' Holder and the
Cemetery Maintenance Operator before the work may begin. Preapproval 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 govemment approvals and permits; and the location of the work to be performed. It is the responsibility of all contractors to report to the Cemetery Maintenance Operator and provide the necessary approvals before commencing work at any location on the Sandy Lake Cemetery property. 19.2 Prior to the start of any said work, contractors must provide proof of WSIB coverage and evidence of liability insurance of not less than $1 million. 19.3 All portions of this By-law apply to all contractors and all work carried out by contractors within the Cemetery grounds. 19.4 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 Maintenance Operator. 19.5 No work shall be performed at the Cemetery, except during the regular business hours of the Cemetery. 19.6 The Cemetery Maintenance Operator and any contractors shall cease all operations within the Cemetery when a funeral service or public gathering is being held. Operations may resume one-half hour after funeral service or public gathering has concluded. 19.7 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. Subject to this By-law being approved by the Registrar, Cemeteries Regulation Unit, Ministry of Govemment and Consumer Services or their successor agency, By-law B93-61 is hereby repealed in its entirety. READ A FIRST TIME THIS 12TH DAY OF JANUARY, 2016. READ A SECOND TIME THIS 12TH DAY OF JANUARY, 2016. READ A THIRD TIME AND ANALLY PASSED THIS 12TH DAY OF JANUARY, 2016. Bev Matthews, Mayor Robert Angione, Clerk
SANDY LAKE CEMETERY 75 Cemetery R~ad Lakehurst, Ontario' KOL 1J0 Llce,..ce #3296763 SAlE~ - CONTRACT Municipal Office: 760 Peterborough County Road 36, Trent Lakes ON KOM 1CO Phone: 705-738-3800 PURCHASER Date of Purchase Name Address Relationship to Recipient City/Province Postal Code Telephone E-mail RECIPIENT Name Date of Death: RIGHTS HO!-DER #1 Name Date and Place of Birth Address City/Province Telephone RIGHTS HOLDER #2 Name Date and Place of Birth Address City/Province Telephone E-mail E-mail Postal Code Postal Code Page 1 of5
DESCRIPTION: PLOT Cost of LoUs) $ SECTION Perpetual Care Fund $ LOT # Opening/Closing Full Burial $ GRAVE(S) Opening/Closing Cremated Remains $ Corner Stones $ Monument Perpetual Care Fund $ Saturday/Holiday Fee $ DIMENSIONS: Winter Fee $ NO. OF INTERMENTS: COpy) Rights' Holder Fee (duplicate $ Other $ Subtotal $ HST TOTAL $ Intennent Rights' Certificate shall be mailed within 30 days after being paid in full. CANCELLATION RIGHT - No service or supplies shall be ordered or provided for a period of 30 days from the date of this contract. During this period, you may cancel and receive a full refund. You may relinquish your cancellation rights should you wish supplies ordered or services provided immediately. I relinquish my cancellation rights and understand that this contract Is not subject to cancellation or refund. I have read and understood the Terms and Conditions of Sale on pages 3 and 4 of this contract. (Signature) By signing this contract, I acknowledge receipt of the foliowing: 1. A copy of this Sales Contract with its Tenns and Conditions 2. The Ontario Government's Consumer Infonnation Guide 3. The Sandy Lake Cemetery's current By-law 4. The Sandy Lake Cemetery's current Price List 5. The Sandy Lake Cemetery's current Privacy Policy I also assume full responsibility for payment to the Sandy Lake Cemetery. Purchaser's Name (Please Print) Purchaser's Name (Signature) Date For Trent Lakes/Sandy Lake Cemetery Oate Page Z of 5
TERMS AND CONDITIONS OF SALE Any supplies or services rendered at time of need must be paid In full when rendered and are not subject to cancellation or refund. Payment may be made with cash or cheque made payable to The Municipality of Trent Lakes. Returned cheques shall be subject to a $30.00 service fee. When any service or supply Is ordered or provided, it Is not subject to cancellation or refund. Any errors or omissions deviating from the signed proof shall be corrected to the satisfaction of the purchaser. RIGHT TO CANCEL WITHIN 30 DAYS No service or supply shall be ordered or provided for a period of 30 days from the date of this contract. During this period, you may cancel and shall receive a full refund. You may relinquish your cancellation rights should you wish supplies ordered or services provided immediately. Please refer to the Sandy Lake Cemetery By-law B2016-009. CANCELLATION OF INTERMENT RIGHTS AFTER 30 DAYS Upon receiving written notice from the purchaser of the interment rights, the Municipality shall cancel the contract and Issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that Is required to be deposited Into the Care and Maintenance Fund. This refund shall be made within thirty (~O) days of receiving said notice. it is considered a resaie of interment rights after ninety (90) days of original date purchase of Interment rights. RESALE OF INTERMENT RIGHTS ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE MUNICIPALITY OF TRENT LAKES WITH CHANGE OF INTERMENT RIGHTS' OWNERSHIP REGISTERED WITH THE MUNICIPAUTY OF TRENT LAKES. It is prohibited to subdivide interment rights. Placement of a marker or monument considers an interment right as being used. If an interment rights' holder(s) wishes to re-sell the Interment rights, the rights' holder(s) must make the request in writing to the Municipality of Trent Lakes. Interment rights' holder(s) must first offer the interment rights to the Municipality. The Municipality may re-purchase the interment rights at the price on the Cemetery's current price list less the Care and Maintenance Fund contribution made at the time of purchase. The re-purchase and payment to the rights' holder(s) requesting the sale must be completed within 30 days of the request. The interment rights' holder(s) requesting the resale of the rights must return the Interment Rights' Certificate Page30fS
to the Municipality and the rights' holder(s) must endorse the Fonn for Re-purchase of Intennent Rights by the Municipality, transferring all rights and Interest to the Municipality. The appropriate paperwork must be completed before the Municipality reimburses the rights' holder(s). Photo identification shall be required to complete the transfer. Depending upon the circumstances, a Power of Attomey or a Will may also be required. All photo Identification and documentation shall be copied and kept on file with the Municipality. If the Municipality does not wish to re-purchase the Intennent rights, the intennent rights may be sold to a third party for no more than the current price listed on the Cemetery's price list, as long as the sale or transfer is conducted through the Municipality In accordance with By-law B2016-009, and the purchaser meets the qualifications and requirements as outlined In the Cemetery By-law B2016-009. If the original Intennent Rights' Certificate is misplaced, the Municipality Is entitled to charge an administration fee (as shown on the Cemetery's price list) for the Issuance of a duplicate certificate. TRANSFER OF INTERMENT RIGHTS ALL TRANSFERS OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE MUNICIPAUTY OF TRENT LAKES WITH CHANGE OF INTERMENT RIGHTS' OWNERSHIP REGISTERED WITH THE MUNICIPAUTY OF TRENT LAKES. An Intennent Rights' Holder may wish to have his/her Intennent Rights' Certificate transferred to another family member. A transfer Is considered to be a gratuitous transaction. Photo identification by both the transferor and transferee shall be required to complete the transfer. Depending upon the circumstances, a Power of Attomey or a Will may also be required. A transfer endorsement fonn shall be signed by the transferor and a new Intennent Rights' Certificate Issued to the transferee. Photo Identification and accompanying documentation shall be copied and kept on file with the Municipality. INTERMENT RESTRICTIONS 1. Not more than one full-size burial shall be made in any single grave. 2. The cremated remains of four persons may be placed in a single grave on top of one full Intennent. 3. The cremated remains of two persons may be placed in a single grave on top of one full intennent. Page40fS
CEMETERY BY-LAW A copy of the current By-Laws goveming the Sandy Lake Cemetery is available without charge from the Municipality or the Cemetery Operator. Consult the Cemetery By-Law for definitions and regulations pertaining to: 1. General information 2. Sale and transfer of interment rights 3. Burial or burial of cremated remains 4. Memorialization 5. Care and Planting 6. Items prohibited and permitted 7. Decoration Day Remembrance 8. Contractor/Monument Dealers PRIVACY POLICY Personal information may be disclosed to others involved in the funeral, cemetery or related services, in compliance with the Cemetery's Privacy Policy and the Municipal Freedom of Information and Protection of Privacy Act. You may obtain a copy of the Privacy Policy and/or the Municipal Freedom of Information and Protection of Privacy Act from the Municipality of Trent Lakes. Page 5 of5
SANDY LAKE CEMETERY INTERMENT RIGHTS' CERTIFICATE Interment Rights' Certificate No.: Date Purchased: Interment Rights' Holder(s): The Interment Rights' Holder(s) listed below has the right to direcuconsent to the burial and memorialization associated with the Interment Rights in conjunction with the Sandy Lake Cemetery's By-Laws. Interment Rights' Holder's Name(s): Address: City: Province: Postal Code: Cemetery Name: Cemetery Address: Cemetery Operator's Phone No.: Interment Right Location: Price: Interment Right Type: Care and Maintenance Contribution: Interment Right Capacity: No. of Lots Used: No. of Lots Remaining: Memorialization Permitted: All resales of interment rights must be arranged through the Municipality of Trent Lakes. The Municipality does not prohibit the re-sale of internment rights. If an interment rights' holder(s) wishes to re-sell the interment rights, the rights' holder(s) must make the request in writing to the Municipality. Interment rights' holder(s) must first offer the interment rights to the Municipality. The Municipality may repurchase the interment rights at the price on the Cemetery's current price list less the Care and Maintenance Fund contribution made at the time of purchase. The re-purchase and payment to the rights' holder(s) requesting the sale must be completed within 30 days of the request. The interment rights' holder(s) requesting the resale of the rights must return the Interment Rights' Certificate to the Municipality and the rights' holder(s) must endorse the Form for Re-purchase of Interment Rights for Sandy Lake Cemetery, transferring all rights and interest to the Municipality. The appropriate paperwork must be completed before the Municipality reimburses the rights' holder(s). If the Municipality does not wish to re-purchase the interment rights, the interment rights may be sold to a third party for no more than the current price listed on the Cemetery's price list, as long as the sale or transfer is conducted through the Municipality and the purchaser meets the qualifications and requirements as outlined in the Sandy Lake Cemetery By-law B2016-009. If the original Interment Rights' Certificate is lost, the Municipality is entitled to charge an administration fee (as shown on the Cemetery's price list) for the issuance of a duplicate certificate. Please refer to the Sandy Lake Cemetery By-Law provided to you at the time of purchase for a complete listing of your specific interment rights. It is your responsibility to notify the Municipality in writing of any change of address or other relevant contact information. Interment Rights' Holder's Signature: Date: Municipal Designates Signature: Date:
SCHEDULE 'C' TO BY-LAW B2016-009 SANDY LAKE CEMETERY PRIVACY POLICY Your privacy is important to us. This Privacy Policy is intended to give you confidence in the privacy and security of the personal information we obtain from you. The Municipality of Trent Lakes ensures that all information is collected and retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). COLLECTION OF PERSONAL INFORMATION When you purchase our services or products, you may be asked for personal information such as your name; address; date and place of birth; email address; and telephone number. Some forms may also require photo identification and copies of either a Power of Attomey or a Will. By giving us such information, you consent to our using it in the manner described in this Policy and MFIPPA. USE OF PERSONAL INFORMATION We use your personal information to allow us to: 1. Fulfill your request for services or products; 2. Identify you as the legal purchaser or reseller; 3. Identify you when pertinent personal Information changes - e.g. address change, name change, etc. 4. Communicate with you as necessary; 5. Bill or collect on accounts and maintain payment records; and, 6. Comply with any applicable laws and regulations, legal process or govemment requests. DISCLOSURE OF PERSONAL INFORMATION We do not sell or rent your personal information. Your personal information may be disclosed to providers involved in funeral, cemetery or related services. If we must share your personal data in order to comply with any legal or government obligations. including audits, your information shall be disclosed to those relevant authorities in accordance with MFIPPA. ACCURACY OF PERSONAL INFORMATION You are responsible for informing us about changes to your personal information. We shall use your updated personal information to keep our records current. SECURITY OF PERSONAL INFORMATION Personal Information shall be stored in a locked filing cabinet to ensure that it is protected from unauthorized access and in accordance with MFIPPA. Extemal consultants and agencies with access to personal information must enter into privacy agreements with us. DISPOSAL OF PERSONAL INFORMATION Personal information in paper form shall be shredded before disposal.
SCHEDULE '0' TO BY-LAW B2016-009 ENDORSEMENT FORM FOR RE-PURCHASE OF INTERMENT RIGHTS FOR SANDY LAKE CEMETERY Name of Interment Rights' Holder: Address of Interment Rights' Holder: One piece of Photo Identification to be presented: Driver's Licence: Passport: Health Card: Other: If acting on behalf of another Interment Rights' Holder include: Power of Attorney: If acting on behalf of a deceased Interment Rights' Holder include: Will: (Photocopies shall be taken of photo identification, including Power of Attorney or Will, if required, and filed with this endorsement form. Current Interment Rights' Certificate must be surrendered for filing with this endorsement form.) Lot/Plot Number: No. of Lots Used: No. of Lots Remaining: Current Price of Lot/Plot: Minus Care and Maintenance Fee: Total Owing to Seller of Interment Rights: I, the seller of these interment rights, agree to the sale at the price stated above and release these interment rights to the Sandy Lake Cemetery and the Municipality of Trent Lakes. I hereby declare that I have no further interest in these interment rights now or in the future. Signature of Interment Rights' Seller: Date: Signature of Municipal Officer: Date:
SCHEDULE 'E' TO BY-LAW B2016-009 ENDORSEMENT FORM FOR TRANSFER OF INTERMENT RIGHTS FOR SANDY LAKE CEMETERY Name of Current Interment Rights' Holder (Transferor): Address of Transferor: One piece of Photo Identification to be presented: Drivers Licence: Passport: Health Card: Other: If acting on behalf of the current Interment Rights' Holder (Transferor) include: Power of Attomey: If acting on behalf of a deceased Interment Rights' Holder (Transferor) include: WiII: (Photocopies shall be taken of photo identification including Power of Attomey or Will, if required, and filed with endorsement form. Current Interment Rights' Certificate must be surrendered for filing with this endorsement form.) LoUPlot Number: No. of Lots Used: No. of Lots Remaining: Name of New Interment Rights' Holder (Transferee): Address of Transferee: Relationship of the Transferee to the Transferor: One piece of Photo Identification to be presented: Drivers Licence: Passport: Health Card: Other: If acting on behalf of the new Interment Rights' Holder (Transferee) include: Power of Attomey: (Photocopies shall be taken of photo identification and Power of Attomey, if required, and filed with this endorsement form.) I, the Transferor of these interment rights, agree to transfer the interment rights, free of charge, to the Transferee, namely:. I hereby declare that I have no further interest in these interment rights now or in the future. Signature of Interment Rights' Transferor: Date: Signature of Municipal Officer: Date: