A BY-LAW OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE TO ADOPT RULES AND REGULATIONS FOR CEMETERIES UNDER THE JURISDICTION OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE PURSUANT TO THE FUNERAL, BURIAL AND CREMATION SERVICES ACT, 2002, S.O. 2002, C. 33 WHEREAS the Funeral, Burial, and Cremation Services Act (FBCSA), 2002, S.O. 2002, c.33 (Act) regulates the operation of cemeteries in Ontario; AND WHEREAS pursuant to the provisions of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33, Ontario Regulation 30/11 Section 150 (1), as amended, an owner of a Cemetery may make by-laws affecting the operation of the Cemetery; AND WHEREAS The Council of the Corporation of the Town of Bracebridge passed By-law 2007-104 on the 29 th day of August, 2007 to adopt rules and regulations for cemeteries under the jurisdiction of the Town of Bracebridge pursuant to the Cemeteries Act, R.S.O. 1990, C.4, as amended; AND WHEREAS by motion 15-GC-284 the Council of The Corporation of the Town of Bracebridge deems it expedient to enact a new by-law to adopt rules and regulations for cemeteries under the jurisdiction of The Corporation of the Town of Bracebridge pursuant to the Funeral, Burial, and Cremation Services Act (FBCSA), 2002, S.O. 2002, c.33 (Act) and to repeal By-law 2007-104 in its entirety; AND WHEREAS it is deemed expedient to establish standards for the operation and control of cemeteries under the jurisdiction of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE ENACTS AS FOLLOWS: 1. DEFINITIONS 1.1. Act means the Funeral, Burial, and Cremation Services Act (FBCSA), 2002, S.O. 2002, c.33 and its regulations. 1.2. Burial means the opening and closing of an inground lot or plot for the disposition of human remains or cremated human remains. 1.3. Cemetery means those municipally operated cemeteries specified in Schedule A. 1.4. Cemetery Operator means The Corporation of the Town of Bracebridge. 1.5. Columbarium means a structure designed for the purpose of placing cremated human remains in a sealed compartment above ground.
Page 2 1.6. Contract means for purposes of this by-law, all purchasers of interment rights must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by-law. 1.7. Corner Markers shall mean any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot or plot. 1.8. Clerk means the Director of Corporate Services/Clerk for The Corporation of the Town of Bracebridge or their designate. 1.9. Council means The Council of the Corporation of the Town of Bracebridge. 1.10. Grave (also known as lot) means any inground burial space intended for the interment of a child, adult or cremated remains. 1.11. Interment Rights means the right to require or direct the interment of human remains or cremated human remains in a grave, lot, niche or crypt and direct the associated memorialization. 1.12. Interment Rights Holder means any person designated to hold the right to inter human remains in a specified lot. 1.13. Lot means each individual parcel for which a certificate of interment rights have been issued and includes plot, grave, interment site, niche or compartment in a columbarium to be used for the purposes of interment of the bodies of deceased persons or the interment of ashes remaining from the cremation of the bodies of deceased persons. 1.14. Marker shall mean any permanent memorial structure that is set flush and level with the ground, and used to mark the location of a burial lot. 1.15. Monument means any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot. 1.16. Multiple lot means two (2) or more lots, plots or interment sites. 1.17. Pillow Marker shall mean a sloped or flat marker projecting above the ground installed within the designated space to mark the location of a burial or lot. 1.18. Town means The Corporation of the Town of Bracebridge. 2. ADMINISTRATION 2.1. The Town, through the Clerk shall: 2.1.1. Observe and carry out all of the provisions of this By-law and the Act, as may be amended from time to time. 2.1.2. Make, open and close all lots in the cemetery which may be required to be opened or closed and allow no other person to do so, except upon the express direction of the Town. 2.1.3. Attend all interments held in the cemetery and fill in all lots immediately after interments.
Page 3 2.1.4. Attend to the regular and proper maintenance of the cemetery. 2.1.5. Perform such other duties as may from time to time be required. 2.2. The Town reserves full and complete control and management of the land, buildings, plantings, roads, utilities, books and records of its cemeteries and complete authority to administer these by-laws in accordance with the Act. 2.3. The Clerk shall be authorized to execute on behalf of the Town, those documents necessary to undertake the daily operation of its cemeteries. 3. RULES AND REGULATIONS 3.1. No person shall enter the cemetery, save through an established entrance. 3.2. No person except authorized personnel or peace officers shall enter or be within the cemetery grounds outside of daylight hours. 3.3. No motorized snow vehicles or off-road vehicles are permitted within the cemetery grounds. 3.4. No person shall allow or permit any animal to enter the cemetery unless on a leash. 3.5. No person shall consume any alcoholic beverage upon the cemetery ground. 3.6. No person shall deposit rubbish or debris on the cemetery grounds, except in receptacles provided for that purpose. 3.7. All workers or contractors in any capacity within the cemetery are subject to the direction and control of the Clerk. 3.8. No person shall operate a vehicle in excess of ten kilometres per hour within the cemetery. 3.9. No person shall operate any vehicle under any circumstances, except on the roadways designated for vehicular traffic. Town staff and contractors excepted. 3.10. No person shall engage in any activity, which may cause damage within the cemetery. 3.11. No person shall play any game or sport in a cemetery. 4. SALE AND TRANSFER OF INTERMENT RIGHTS 4.1. Subject to availability of lots, interment rights may be purchased from the Town at the rates set out in the Town s current Cemetery Price List. 4.2. Upon payment in full, the Town shall provide the purchaser of interment rights with a contract for services, a copy of the cemetery by-laws, and a certificate of interment rights. 4.3. Purchasers of lots acquire only the right and privilege to inter human remains and place markers, subject to this by-law.
Page 4 4.4. No transfer of interment rights or any interest therein shall be binding unless necessary supporting documentation can be produced and the original certificate of interment rights returned, if available. Upon satisfaction of the Town, the transfer shall be made and a new certificate of interment rights issued. 4.5. In cases of transfer by Will or bequest, the Town reserves the right to require the production of a notarized copy of the Will or other evidence sufficient to prove interment rights. 4.6. Any interment rights, which are sold and not used for interment purposes after a twentyyear period, may be considered abandoned. The Town may apply to the Registrar appointed under the Act for a declaration that the interment rights are abandoned after making inquiries and giving reasonable notice to find the interment rights holders or beneficiaries. Upon satisfaction that the rights are abandoned, the Registrar shall issue a declaration to that effect. If there is no appeal by the end of the time period allowed for appeal, the Town may resell the interment rights. 5. CONTRACT 5.1. In accordance with the FBCSA, the purchaser of interment rights must enter into a cemetery contract, providing such information as may be required by the cemetery operator for the completion of the contract and the public register prior to each burial or entombment of human remains. 5.2. The Clerk is authorized to execute cemetery contracts on behalf of the Town in accordance with section 5.1 of this by-law, and may designate staff to execute cemetery contracts for the purchase of interment rights and services in accordance with section 5.1 as required. 6. NOTICE OF RESALE AND TRANSFER OF INTERMENT 6.1. The cemetery operator permits the interment rights holder(s) to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the cemetery operator and the purchaser meets the qualifications and requirements as outlined in the cemetery operator s by-laws. 6.2. Interment rights holders may only resell unused interment rights. 6.3. Used columbaria niche interment rights may be resold only upon the approval of the Clerk. 7. RESALE OF INTERMENT RIGHTS - GENERAL 7.1. Purchasers of interment rights acquire only the right to direct the burial or entombment of human remains, and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-law. In accordance with cemetery by-laws, no burial, entombment, 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. The purchase of interment rights is not a purchase of Real Estate or real property. An interment rights holder wishing to resell their interment rights may advise the cemetery operator of their intention prior to seeking a third party buyer for their interment rights.
Page 5 8. CANCELLATION OF INTERMENT RIGHTS WITHIN 30 DAY COOLING-OFF PERIOD 8.1. A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract, by providing written notice of the cancellation to the cemetery operator. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. 9. CANCELLATION OF INTERMENT RIGHTS AFTER 30 DAY COOLING-OFF PERIOD 9.1. The Town is not required to repurchase interment rights after the 30-day cooling offperiod. Interment rights holders may sell their interment rights to a third party in accordance with the Act and the Town s cemetery by-law. 9.2. If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights. 10. CARE AND MAINTENANCE FUND CONTRIBUTIONS 10.1. As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, 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 rights are cancelled within the 30 day cooling off period. 10.2. Where interment rights sold or transferred before 1955 did not include a payment for the purpose of maintaining the cemetery, the Cemetery Operator may charge the interment rights holder a sum for Care and Maintenance in accordance with the Act and regulations, and no interment shall be permitted pursuant to those rights until and unless such sum has been paid in full. 11. REQUIREMENTS FOR RESALE OF INTERMENT RIGHTS 11.1. The interment rights holder(s) intending to sell their rights shall provide the following documents to the cemetery operator so that the operator can confirm the ownership of the rights and provide the third party purchaser with the required certificate: 11.1.1. an interment rights certificate endorsed by the current rights holder; 11.1.2. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available; and, 11.1.3. any other documentation in the interment rights holder s possession relating to the rights. 11.2. The third party purchaser will be provided with the following documents by the cemetery operator: 11.2.1. an interment rights certificate endorsed by the current rights holder; 11.2.2. a copy of the cemetery s current by-laws;
Page 6 11.2.3. a copy of the cemetery s current price list if the resale involves interment rights, a written statement of the number of lots that have been used in the plot (if applicable) and the number of lots that remain available; and, 11.2.4. any other documentation in the interment rights holder(s) possession relating to the rights. 12. RESALE OF INTERMENT RIGHTS REQUIREMENTS AND PROCEDURE 12.1. The cemetery operator shall require: 12.1.1. A statement signed by the rights Holder(s) selling the interment acknowledging the sale of the interment rights to the third party purchaser; 12.1.2. Require confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the Interment rights; 12.2. The cemetery operator shall also require a record of the date of transfer of the interment to the third party, including; 12.2.1. the name and address of the third party purchaser(s); 12.2.2. a statement of any money owing to the cemetery operator in respect to the Interment rights, if applicable. 12.3. Once the endorsed certificate and all required information has been received by the cemetery operator from the rights holder(s), the cemetery operator will issue a new interment certificate to the third party purchaser. 12.4. Upon completion of the above listed procedures, and upon the issuance of the new interment certificate, the third party purchaser or transferee(s) shall be considered the current interment holder(s) of the interment rights, and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by-law and the FBCSA. 12.5. The cemetery operator may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the cemetery operator s current price list. 12.6. The cemetery operator does not prohibit the resale of interment rights and may repurchase the interment rights from the rights holder(s) if the cemetery operator so desires and may negotiate a purchase price so long as the seller acknowledges being aware of the cemetery operator s current price list amounts for interment rights. 13. FULL INTERMENTS AND DISINTERMENTS 13.1. All interments must be authorized, in writing, by the interment rights holder except the interment of the interment rights holder, in which case 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. 13.2. When two or more persons hold interment rights for a lot jointly, a contract for interment will be accepted from either of them or their authorized representative.
Page 7 13.3. No interments shall be made in common ground. 13.4. A Certificate of Interment Rights and a burial permit issued by the Registrar General or equivalent showing that the death has been properly registered must be deposited with the Town. In the case of a cremation interment, a Certificate of Cremation is required. 13.5. All interments within the cemetery shall be under the direction of the Clerk. Weekend full interments or full disinterments, cremated remains, and niche interments or openings and closings, shall be permitted at an extra charge. 13.6. The Town shall not be held responsible for errors in the location of graves on lots arising from the improper instructions of interment rights holders. A request from a Funeral Director shall be deemed to be a request from an interment rights holder. The Town shall assume no responsibility for errors in opening graves where orders are given by telephone. Persons ordering grave openings shall be held responsible for all charges incurred. 13.7. When full size interments are required all funeral homes shall be responsible for the supply and operation of lowering devices and artificial grass, whether owned by the funeral home or leased from a supplier by the funeral home. 13.8. The Clerk or contractor shall be in attendance at each interment or disinterment. 13.9. Double depth interments, except for the placement of cremated remains, will not be permitted. 13.10. The interment fee includes the opening and closing of the grave only. The removal of trees, or the moving of monuments, shall be paid for by the Interment Rights holder. 13.11. The Town does not assume responsibility for the number of grave openings that may be made in any one lot when an oversized shell is used. The Town expressly reserves the rights to limit the number of interments in this circumstance. 13.12. The Town requires at least 48 hours notice prior to each interment or disinterment, 8 hours of which must be normal hours of operation. 13.13. No lot shall be opened for interment or disinterment by any person not in the employ of, or under the direction of the Town. 13.14. No body of a lower animal shall be placed in any grave within the cemeteries of the Municipality. 13.15. Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the cemetery operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received at the cemetery 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. 13.16. 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). 13.17. No interment shall take place during the winter season, which shall generally be
Page 8 considered to be the months of December through April inclusive. 13.18. The use of vaults is prohibited in the Bracebridge United Cemetery as well as in any other cemetery where a grave space is recorded as less than four feet in width and nine feet in length. 13.19. In lots where the use of vaults is allowed, additional charges may apply if the installation of the vault necessitates the moving of monuments, plantings or other adornments. 14. CREMATED REMAINS INTERMENTS 14.1. No ashes remaining from the cremation of bodies of deceased persons shall be disposed of in the cemetery except in accordance with the provisions of this By-law. The comingling (the mixing of the cremated remains of two (2) or more persons) of ashes is allowed only if a certificate of cremation is received for each deceased person and the applicable fee(s) paid. 14.2. Ashes remaining from the cremation of human remains may be interred in a lot purchased for such purpose. 14.3. In those cases where human remains have been interred in an adult grave at sufficient depth, cremated remains to a maximum of four (4) shall be permitted in the same lot. If the cremated remains must be removed in order for the interment of a casket to take place a disinterment fee for each cremated remains moved will apply. 14.4. Ashes remaining from the cremation of human remains may be interred in any lot. If said lot may be considered for future casket interment then the cremated remains must be enclosed in a non-breakable, non-decomposing container. 14.5. A maximum of two (2) cremated remains shall be permitted in a cremation lot. 14.6. Cremated remains are not permitted to be scattered on a grave or in any cemetery operated by the Town. 14.7. The Town requires at least 48 hours notice prior to each interment or disinterment, 8 hours of which must be normal hours of operation. 15. COLUMBARIUM NICHES 15.1. Only the Town may open and seal niches for entombments. This applies to the inside sealer and the niche front. 15.2. To ensure quality control, desired uniformity and standard of workmanship, the cemetery operator reserves the right to inscribe all niche fronts or install all lettering. 15.3. No plaques, vases, adornments or emblems affixed to the columbarium or individual niches are permitted. Any such items shall be removed and disposed of without notification and at the expense of the Interment Rights Holder. 15.4. No articles are permitted in or around the ground in the vicinity of the columbarium. Any such article shall be removed and disposed without notification. 15.5. No person, other than employees or contractors of the Town shall remove or alter niche fronts.
Page 9 16. MORTUARY VAULT 16.1. Temporary entombment will be made in the Mortuary Vault during the winter season. No entombments shall be permitted however, unless embalming has been done or a hermetically sealed container is used. The payment of vault fees as established is required. 16.2. No human remains shall be deposited in or removed from the Mortuary Vault unless the Clerk has granted approval in writing. 16.3. No human remains may be deposited in the vault after May 30 th in any year until December 1 st of any given year unless the Clerk deems weather conditions dictate otherwise. 16.4. The Clerk may direct the removal of human remains deposited in the vault and inter it at any time in a single grave should the condition of the human remains require the interment. 16.5. All human remains must be removed from the vault by the 30th day of May in each year. 16.6. Persons dying from contagious disease are not receivable in the Mortuary Vault, but must be interred and shall not be disinterred, except as provided for by governing legislation. 16.7. No casket is to be opened without a special permit from the Medical Officer of Health or an Order of the Court after being deposited in the Mortuary Vault. 16.8. If, for any valid reason, the Clerk determines that an interment cannot be made on the day of the funeral, they may direct that the human remains be placed in temporary entombment and the interment shall be made as soon after the day of the funeral as conditions permit. For such service, no charge shall be made for the use of the mortuary. 17. LOT DECORATIONS 17.1. Lot decorations shall be anything other than monuments, markers and grass, and are permitted only within the uppermost two (2) feet of the grave space (planting area) as shown in the diagram below.
Page 10 17.2. Prohibited Lot Decorations: 17.2.1. New or existing borders, fences, railing, walls, curbs, cut-stone copings and hedges. 17.2.2. Benches. 17.2.3. Articles made of glass, open candles, or breakable items. 17.2.4. Structures of wood and other perishable material. 17.2.5. Crushed stone. 17.2.6. Rose bushes or any other thorned bush. 17.2.7. Unsightly materials or any items that may pose a health or safety risk in or around lots. 17.2.8. Any decoration over 4 feet in height. 17.3. The Town reserves the right to regulate the articles placed on lots or plots that pose a threat to the safety of all interment rights holders, visitors to the cemetery and cemetery employees, prevents the cemetery from performing general cemetery operations, or are not in keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and disposed of without notification. 17.4. No decorations shall be permitted upon cremation / child lots. 17.5. Only one (artificial or fresh) wreath or one (artificial or fresh) flower arrangement shall be permitted on any single lot from May 1st - October 15th. If such decorations are not removed by the 15th day of October, they shall be considered abandoned and may be disposed of. Only one monument saddle style or one crook style hanger shall be permitted. 17.6. Only one wreath or flower arrangement will be permitted on any single lot to mark special occasions, which fall after October 15th. e.g. Remembrance Day, Christmas, Easter, etc. Such decorations must be removed within 30 days of placing them or they shall be disposed of by cemetery staff. 17.7. Solely the Town or its contractors shall conduct all maintenance of cemetery grounds. 17.8. The Town shall not be responsible for any damages to lots and structures, or objects thereon. 17.9. The Town shall not be responsible for flowers or articles removed from any lot or grave. 17.10. Persons wishing to plant in designated garden plots or to install other memorial items (e.g. benches) must contact the Town for approval. 17.11. No person shall place or install any vegetation, articles or items on a lot or anywhere in a cemetery except as permitted by this By-law or authorized in writing by the Town.
Page 11 18. MARKERS GENERAL 18.1. All markers installed in the cemetery after 1980 shall be constructed of granite or shall consist of a bronze plate anchored in a concrete slab or granite foundation. Markers of any other material are prohibited, except in the Society of Saint John the Evangelist (SSJE) cemetery where historically markers are wooden crosses. 18.2. The Town must approve any contractor/monument dealer installing foundations, markers and monuments. 18.3. On any cremation or child lot only bronze or granite flat markers shall be permitted, subject to the following conditions: 18.3.1. The marker shall be a maximum of eighteen inches (18 ) by eighteen inches (18") in size including any base and shall be at least four inches (4") in thickness. 18.3.2. All markers shall be installed in the centre of the lot (corner markers excepted) and shall be laid with the surface of the marker flush to the ground. 18.4. No marker may be set until the monument care and maintenance charges have been paid in full. 18.5. No marker shall encroach on any adjoining lot. 18.6. Should any monument or marker present a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary by way of repairing, resetting, or laying down the monument or marker or any other remedy so as to remove the risk. 18.7. Dignity and Decorum: the Town reserves the right to remove at its sole discretion any marker, monument, or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Clerk. Reasonable attempts will be made to provide notice prior to the removal of any marker. 19. MONUMENTS 19.1. Only one upright marker or pillow marker shall be erected on any one grave. 19.2. A maximum of three markers may be placed at each grave: 19.2.1. an upright monument or pillow marker at the head of the grave along with two flat markers or a maximum of three flat markers (see regulations for flat markers). 19.3. All upright monuments must be placed on a concrete foundation to the depth of the grave and shall not exceed five feet (5') in height from the ground level. The upper surface of the pad (foundation) shall be extended three (3") on all sides and be flush with the ground to assist with grass cutting and grounds maintenance. 19.4. The monument shall have a maximum width of 65% of the lot to allow for maintenance. If a base stone is used it must not increase the over-all height of the monument beyond five feet. Oversized bases or monuments could prevent the full utilization of the plot for interments and/or incur extra charges for interments. All monuments shall be placed at the centre of the head end of a lot except where the alignment of existing nearby monuments justifies another location approved by the Town.
Page 12 20. FLAT MARKERS 20.1. Flat markers or foot markers are permitted but must not exceed twenty-four (24) inches in width, eighteen (18) inches in height and be of a minimum of four (4) inches to a maximum of six (6) inches in thickness. The upper surface shall be flat with no projections and shall be set level with the ground surface. 20.2. Each lot can have a maximum of 3 flat markers. 21. PILLOW MARKERS 21.1. Pillow markers, (ie: a sloped or flat marker projecting above the ground) must be situated at the head of the grave and be placed on a concrete pad not less than four inches in thickness or greater than six inches in thickness. The upper surface of the pad shall extend three inches on all sides and be flush with the ground. The rights holder shall have the option of a concrete foundation to the depth of the grave if space permits. 22. MONUMENT DEALERS, CONTRACTORS AND EMPLOYEES 22.1. Any contract work to be performed within the cemetery, including the installation of concrete vaults, requires the written pre-approval of the interment rights holder and the cemetery operator before the work may begin. Pre-approval 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 government approvals and permits, the location of the work to be performed. It is the responsibility of all contractors to report to the Town and provide the necessary approvals before commencing work at any location on the cemetery property. 22.2. Prior to the start of any said work, contractors must provide proof of: 22.2.1. WSIB coverage; 22.2.2. Occupational Health and Safety compliance standards; 22.2.3. Environmental Protection; and, 22.2.4. WHMIS 22.3. Evidence of liability insurance of not less than $2 million naming The Corporation of the Town of Bracebridge as additional insured. 22.4. All of the cemetery by-law applies to all contractors and all work carried out by contractors within the cemetery grounds. 22.5. Contractors, monument dealers and suppliers shall not enter the cemetery in the evening unless approval has been granted by the Clerk. 22.6. No work will be performed at the cemetery except during daylight hours of the cemetery. 22.7. Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral until the conclusion of the service. The cemetery 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 cemetery.
Page 13 22.8. 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. 23. FORMS 23.1. The Clerk has the authority to prepare forms, contracts, and other documentation as required for the operation and governance of the cemeteries under the jurisdiction of the Town. 24. LIABILITY 24.1. The cemetery operator 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, or other article that has been placed in relation to an interment save and except for direct loss or damage caused by gross negligence of the cemetery. 25. RIGHT TO RE-SURVEY 25.1. The Cemetery Operator 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. 26. SHORT TITLE 26.1. This by-law shall be cited as the Cemetery By-law. 27. REPEALING 27.1. Upon the date of enactment of this by-law, By-law 2007-104 and all amendments thereto, are hereby repealed. 28. EFFECTIVE DATE 28.1. This By-law shall come into force and take effect upon approval by the Registrar appointed pursuant to the Act following January 1, 2016. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9 th DAY OF DECEMBER 2015. Mayor, Graydon Smith Director of Corporate Services/Clerk, L. McDonald
Page 14 SCHEDULE A TO BY-LAW 2015- MUNICIPAL CEMETERIES CEMETERY LOCATION STATUS ANNIE WILLIAMS MEMORIAL BRACEBRIDGE MUNICIPAL BRACEBRIDGE UNITED FALKENBURG UNION FRASERBURG UNITED FREE METHODIST GILBERT LUTHERAN MATTHIASVILLE MOORE'S PIONEER MUSKOKA FALLS NICHOLSON PURBROOK (CHRIST CHURCH) S.S.J.E. ST. JOSEPH'S CATHOLIC ST. PAUL'S ANGLICAN ST.PAUL'S CHURCHYARD ST. STEPHEN S ANGLICAN STONELEIGH ANGLICAN UFFINGTON UNITED PART LOT 1, CON 1, 50 Santa s Village Road 030-003-00700 (Monck Ward) LOT 5, CON A, 19 Lilac Lane 030-006-01501 (Monck Ward) PART LOT 1, CON 1, 40 Santa s Village Road 030-003-00800 (Monck) PART LOT 1, CON 8, 2107 Manitoba Street 040-021-00200 (Macaulay Ward) PART LOTS 31 & 32, CON 1, 2275 Fraserburg Road 040-004-01600 (Macaulay Ward) PART LOT 10, CON 2, 1124 Taylor Road 040-003-03400 (Macaulay Ward) PART LOT 11, CON 3, 1010 Gilbert Lane 050-001-07000 (Draper Ward) PART LOT 18, CON 7, 1026 Matthiasville Road 050-007-01600 (Draper Ward) PART LOT 3, CON 10, 1061 Moore Road 040-022-00600 (Macaulay Ward) PART LOT 1, CON 10, 3800 Highway 11 North 020-001-00900 (Muskoka Ward) PART LOT 9, CON 3, 1091 Taylor Road 040-008-12700 (Macaulay Ward) PART LOT 25, CON 10, 1360 Purbrook Road 050-015-09300 (Draper Ward) PART BLOCK 40, PLAN 35M-604, 9 Sadler Drive 010-011-04101 (Bracebridge Ward) PART LOT 4, CON A, 660 Manitoba Street 030-006-01400 (Monck Ward) PART LOT 20, CON 5, 1232 Uffington Road 050-003-02300 (Draper Ward) PART LOT 20, CON 6, 1605 Peterson Road 050-006-01900 (Draper Ward) PART LOT 22, CON 4, 1217 Vankoughnet Road 060-005-02300 (Oakley Ward) PART LOT 23, CON 7, 1362 Stoneleigh Road 040-019-02400 (Macaulay Ward) PART LOT 20, CON 5, 1142 Uffington Road 050-003-01500 (Draper Ward) IN Open for Interments Only IN IN IN IN Open for Interments Only IN IN Open for Interments Only