Prescott Cemetery By-Laws

PRESCOTT CEMETERY (Sandy Hill) Prescott Cemetery Board 975 Edward Street, P.O. Box 108 Prescott, Ontario K0E 1T0 613-925-4205 Email: flaschinger@cogeco.ca Prescott Cemetery By-Laws 1

Prescott Cemetery - By-laws Prescott Cemetery (Sandy Hill Cemetery) is located on Lot #0, Parcel #2, Plan #19, in the town of Prescott, in Grenville County, Ontario. It was established approximately in 1802 by Colonel Jessup as a burial ground for family members and was bequeathed by Edward Jessup III in 1830 for the use by the Anglican, Presbyterian, Methodist and Roman Catholic Churches of Prescott. The Board of Trustees of Prescott Cemetery in the discharge of its responsibilities appeals to the public to cooperate by following these by-laws, which have been adopted for the upkeep and improvement of the Cemetery, as a becoming and respected place for the interment of the dead. Prescott Cemetery is licensed to act as a Non-Profit Cemetery in accordance with the Funeral, Burial and Cremation Services Act of Ontario. The Ministry of Consumer Services approves these by-laws. Purpose of the Cemetery is to provide a sacred place for the interment of all persons who are entitled to interment according to the Rules and Regulations of the Cemetery s by-laws. 2

Definitions 1) Base Stone shall mean the structure upon which the Die-Stone rests. 2) Board shall mean the appointed Board of Trustees by the Town of Prescott. 3) Burial Permit shall mean a document issued by the Registrar General of the Ministry of Government Services. 4) By-laws shall mean the rules and regulations that govern the operation of the Cemetery. 5) Care & Maintenance Fund (formerly perpetual care) shall be the trust fund in which all monies received by the Cemetery for grounds upkeep are to be invested. 6) Grounds Custodian shall mean the person appointed by the Board of Trustees as caretaker of the Cemetery. 7) The Funeral, Burial and Cremation Services Act (FBCSA) Ontario 2002 shall be the directives of operation as set out by Ministry of Consumer Services. 8) Cemetery shall mean Prescott Cemetery (Sandy Hill), 975 Edward Street, Prescott, Ontario in the County of Grenville. 9) Certificate of Interment Rights shall mean the certificate issued by the Board to the purchaser of interment rights and associated memorialization rights. 10) Memorialization shall mean the method of commemorating the life of a person, usually in the form of an inscribed Marker. 3

4 11) Chairperson shall mean the Chairperson of the Board. 12) Columbarium shall mean an above ground structure for the interring of human remains in sealed compartments 13) Cornerstone shall mean any stone or marker set flush with the ground surface that marks the location of a plot. 14) Die Stone shall mean the portion of the upright marker that rests on the Base Stone. 15) Disinterment shall mean the removal of human remains from the ground. 16) Interment shall mean the burying of human remains in a gravesite. 17) Entombment shall mean the placement of human remains in the columbarium niche. 18) Foundation shall mean the below ground concrete structure upon which rests the base stone. 19) Marker shall mean any monument, tombstone, plaque, headstone, cornerstone, or structural ornament installed on or affixed to, or intended to be installed on or affixed to the interment plot intended for the deposit of human remains. 20) Flat Marker shall mean any marker including cornerstone set flush to the ground. 21) Upright Marker shall mean any marker projected above the ground. 22) Ministry shall mean the Ministry of Consumer Services for Ontario.

23) Niche shall mean a compartment within a columbarium for the entombment of cremated remains. 24) Plan shall mean the Plan of the Cemetery, approved by the Ministry of Consumer Services of Ontario. 25) Plot shall mean a small piece of land in a cemetery to which Interment Rights are sold and that is used as a burial site for human remains. 26) Price List shall mean the scheduled fees which the Cemetery can charge for interment rights and services. 27) Regulations shall mean the rules and limits of the FBSCA. 28) Secretary shall mean the person appointed by the Board to handle the correspondence. 29) Treasurer shall mean the person appointed by the Board to handle the finances. 30) Trust Fund shall mean those funds, which a trustee may invest, as defined in the Trustee Act of 1990. Administration 1. Interment Rights shall be conveyed to the Interment Rights Holder by such form of a certificate as may from time to time be adopted by the Board and approved by the Ministry. 2. Management and Direction shall be entrusted to an appointed Board of Trustees who shall, 5

6 without remuneration, supervise the operations of the Cemetery. The Town of Prescott shall appoint this Board, comprised of at least three (3) members. The Board shall work in collaboration with the Town of Prescott. 3. The Board shall meet at least twice (2) per year, including the Annual General Meeting. At the Annual General Meeting, the Financial Statement shall be presented, the Price List set, and matters regarding Cemetery upkeep and maintenance shall be discussed. It shall elect from their members a Chairperson, Secretary, Treasurer and other officers if necessary. 4. Secretary shall record the minutes of the meetings, and the adopted resolutions, have the care of all the records and documents, and conduct all correspondence. 5. Treasurer shall keep a proper record of all money transactions pertaining to the cemetery operations. 6. Income received by the Cemetery shall be used exclusively for the purpose of the Cemetery. 7. The Grounds Custodian shall have custody, under the Board of Trustees, of the Cemetery. No interment or disinterment of bodies shall take place without notice to the Custodian. A burial permit or certificate of cremation is required before an interment can be conducted. 8. No interment or entombment shall be made without the permission from the burial right holder or a proper representative of the estate if the burial rights holder is deceased.

9. The Board and all others responsible for the Cemetery shall not be liable for any loss or damage, from causes beyond their control. 10. The Board shall take reasonable precautions to protect the property of the Interment Rights Holder, but assumes neither liability nor responsibility for the loss of any article that is placed on a plot or grave. 11. In all matters not specifically covered by these By-Laws, or as special circumstances may arise, the Board of Trustees may do anything which is deemed reasonable on the premises, and such determination shall be binding upon the Interment Rights Holder and all parties concerned. 12. There shall be no rights implied or expressed except those granted to the Interment Rights Holder in these By-Laws. Sale & Transfer of Interment Rights 1. The Board shall be the exclusive seller of Interment Rights which have not been previously sold by the Cemetery. 2. Interment Rights may be purchased from the Board at the rates published in the Price List issued by the Board from time to time and which is on file in the office of the Secretary. 3. The Purchase of Interment Rights shall acquire only the right and privilege of the interment of the dead and of placing markers, subject to the Cemetery By- Laws, from time to time in force and approved by the Ministry. 7

8 4. Payment for Interment Rights shall be made at the office of the Secretary or the Treasurer. 5. The Cemetery Board shall provide each Interment Rights Holder, at the time of sale, with: (a) a copy of the Contract (b) a copy of the By-Laws, and (c) upon payment in full, a Certificate of Interment Rights. 6. Prices for Interment Rights and related services shall be set in the most recent Price List. Prices shall include the applicable portion for the deposit to the Care and Maintenance Fund as prescribed by the FBCSA. 7. Unused Interment Rights which have been previously purchased from the Cemetery may be resold to a third party at the price listed by the Board at the time of resale. 8. Transfer of Interment Rights or any interest therein shall be binding upon the Board, only upon receipt of written notice by the Secretary which shall include the name and address of the transferee. Upon receipt of such notice and return of the original certificate of Interment Rights, the Secretary shall record the transfer and issue a new Certificate of Interment Rights to the transferee. The fee for the transfer shall be as prescribed in the price list. 9. In case of transfer of ownership of Interment Rights by will or bequest, the Board shall, for proof of ownership, reserve the right to require the producing of a notarized copy of the will, letters probate, or other evidence that is satisfactory to the Board. No fees shall apply to such transfers.

9 10. The Interment Rights Holder may request, by written demand, the Board to repurchase the Interment Rights at any time before being used. The Board is not required to repurchase Interment Rights but may at its discretion, offer to do so. 11. Repurchase Price shall be the original price, less the amount invested in the Care and Maintenance Fund. 12. The Board shall repurchase the Interment Rights within thirty (30) days after receiving the demand, if it so decides. 13. No Refund or resale to a third party shall be made for any plot for which any Interment Rights have been exercised. 14. No more than one casket and one urn or, alternatively, two urns shall be interred in a single gravesite. 15. Remains to be interred in a grave shall be enclosed and sealed securely in a container of sufficient strength to permit interment with the container remaining intact. 16. Interment Fee payment, as prescribed in the Price List, shall be deposited with the Board before interment or entombment shall take place. 17. The Custodian shall supervise each Interment, entombment and disinterment. 18. The Board shall exercise all due care in making Interments and Disinterments but shall not be responsible for damage sustained to any casket, urn or other container during the interment or disinterment. 19. The Request for Interment or disinterment shall be given to the Board at least thirty-six (36) hours in

advance. The Board shall not be responsible for the preparation of the grave without such lead-time. Care of Plots in General 1. Plots for which Interment Rights have been sold or assigned, shall be maintained and kept properly graded, seeded and mowed by the Board. 2. Borders, fences, railings, cut stones, copings, hedges, trees, rosebushes, or any such encumbrance to hinder maintenance, are not permitted. 3. The Board shall not be responsible for the loss of, or damage to articles left upon the plot. 4. Nails, wires, wooden crosses, articles of glass, pottery or any other material which, when neglected or broken, could prove hazardous to the workers or visitors, shall not be permitted. 5. Floral arrangements or decorations shall not extend more than ten (10) inches in front of headstones. No flowers, wreaths, urns, etc. shall be placed in the centre of a grave to cause encumbrance to the grounds maintenance. 6. No artificial lighting shall be permitted to be installed on or near a headstone or other marker. 7. Work done in excess upon a plot shall be with the discretion of the Grounds Custodian. 8. Implements or materials used within the Cemetery shall be removed without delay by 10

those responsible. If this is not done, the Grounds Custodian may remove the same at the expense of those persons responsible. Flowers 1. A maximum of two (2) shatterproof vases or pots of fresh cut, potted or artificial flowers, placed in an aboveground frame, placed on the base stone, or artificial floral pillows affixed to the top of the die stone, shall be permitted. 2. Wreaths set on wire tripod stands shall be permitted. 3. Permanent installations of vases and flower hangers shall not be permitted. 4. Vases, containers, wreaths or flowers that are left beyond their bloom, or have become unsightly or interfere with grass cutting or grounds maintenance may be removed by the Grounds Custodian. If the articles have any value, the Interment Rights Holder shall be informed, where possible. Articles not collected by the Interment Rights Holder within thirty (30) days shall be discarded. 5. The Board shall not be liable for vases, containers, wreaths or flowers placed on Cemetery property. Marker General Information 11

12 1. The Board shall reserve the right to determine the size and location of Markers on each plot. 2. Flat marker maximum size 24 in. by 18 in. 3. Single grave marker maximum size 30 in. by 24 in. 4. Double grave marker maximum size 42 in. by 28 in. 5. Three graves or more marker maximum size 48 in. by 48 in. 6. Concrete footings with a minimum depth of 4 ft. 6 in. to the bottom of the grave are required for all upright Markers. Flat stone markers set flush to the ground level do not require footings. Flat stone markers set above ground level do require concrete footings. 7. Interment Rights Holders intending to place a Marker in the Cemetery must pay the Secretary or Treasurer the appropriate amount for the Care & Maintenance Fund, as prescribed by the FBCSA of 2002 prior to installation. 8. Markers shall not be delivered to the Cemetery without prior receipt by the Board of a Request for a Marker Installation Form, containing the following information: Name and address of Interment Rights Holder; dimensions of Die stone; dimensions of Base stone; description of Die stone & proposed inscription. 9. Markers, footstones or memorials of any description, once placed on the plot must not be altered, or removed from the plot without proper authorization by the Board. 10. Care & Maintenance prices as determined by the FBCSA of 2002 payable to the Cemetery, prior

to any installations of Markers, are as follows: Flat Marker over 173 sq. in. $50.00; Upright Marker less than 4 feet in height $100.00. All monies collected by the Cemetery for these Markers shall be paid to the Public Trustee. 11. Spires and Columns shall not be permitted, in any form. 12. Inscriptions: no inscription shall be placed on any Marker that is not in keeping with the dignity and decorum of the Cemetery. 13. Block shall mean either a 24 ft. by 20 ft. or 20 ft. by 20 ft. section of property that can accommodate twelve (12) gravesites. 14. Half Block shall mean a section of property 24 ft. by 10 ft. or 20 ft. by 10 ft. that can accommodate six (6) gravesites. 15. Lot shall mean a section of property 12 ft. by 10 ft. or 10 ft. by 10 ft. that can accommodate three (3) gravesites. 16. Gravesite shall mean a section of property intended to accommodate one (1) casket and one (1) urn or, alternatively two (2) urns. 17. Cornerstones shall mean four (4) benchmarks to designate Interment Rights Holders plots. These cornerstones are required at the time of plot purchase. Columbarium Regulations 1. All rules and by-laws of the Prescott Cemetery (Sandy Hill) shall apply to the columbarium. 13

14 2. No entombment shall be made without the permission from the burial rights holder or a proper representative of the estate if the burial rights holder is deceased. 3. Niches will be opened only by persons designated by the Cemetery Board and sealed by them after entombment is made. 4. Each niche is intended for one (1) or two (2) urns. 5. It is required that the name of the person for whom entombment is intended be registered on the books of the Cemetery, so that no complications may arise when request for entombment is made. 6. No entombment shall be permitted until all payments due to the Cemetery have been made and a certificate of cremation has been furnished. 7. Flowers or wreaths are not to be placed against or near and part of the Columbarium. 8. Glass vases or other breakable items shall not be placed around the Columbarium. 9. No transfer of burial rights to a columbarium niche shall be valid until approved by the Board and recorded in the books of the Cemetery. 10. The number of cremated remains to be placed in each niche is determined by urn size and niche dimensions and in accordance with the designated policy for each columbarium - maximum two (2). 11. No ornamentation shall be permitted on a columbarium niche.

12. The lettering on a columbarium niche shall comply with specifications approved by the Board. Cemetery Operation The Prescott Cemetery shall be opened for the season April 15 th and closed October 15 th of each year (weather permitting). During the winter season (after October 15 th and before April 15 th ) burials shall be at the discretion of the Prescott Cemetery Board. As of December 1 st of each year, vehicular access to the Prescott Cemetery will not be allowed. Entrance gates will be closed and access will be available for pedestrian traffic only. 15