THE CORPORATION OF THE TOWN OF KIRKLAND LAKE

BY-LAW NO. 97-071

Being a Bylaw to Establish Operation

And Maintenance Procedures for

The Kirkland Lake Cemetery

WHEREAS Section 50 (2) of the Cemeteries Act R.S.O. 1990, Chapter 4 enable the provision of By-laws affecting the operation of Cemeteries and Crematoriums.

NOW THEREFORE the Council of the Corporation of the Town of Kirkland Lake enacts as follows:

1.         DEFINITIONS         

• Cemetery - Means those lands owned by the Town designated for use as a Cemetery
• Deed - Means the certificate issued by the Town to the purchaser of a lot or lots
• Director - Means the Director of the Physical Services     
• Foreman - Means the Cemetery Foreman employed by the Town
• Foundation - Means the concrete foundation on which monuments are placed
• Lot - Means the section of land, (grave) for use in burial of human remains
• Marker -Means any memorial of granite, marble or bronze or corner post installed flush with the ground to locate a lot or lots
• Ministry -Means the Ministry of Consumer and Commercial Relations
• Monument - Means any monument, stone, or other permanent memorial installed on a foundation above ground
• Plan - Means the record drawings of the Cemetery and survey of lots
• Registrar - Means the Division Registrar of the Town of Kirkland Lake.
• Town -  Means the Corporation of the Town of Kirkland Lake

2.         SALE OF LOTS

            a)  Lots are available for purchase from the Town.

            b)  A Certificate of Interment Rights will be provided to the purchaser of the lot upon receipt of payment in full for the lot.

            c)  Collection of unpaid accounts will be in accordance with the Towns Cemetery Collection Policy.

            d) Refunds for return of lots to the town will be in accordance with the Cemetaries Act (Revised).

            e)  Transfers of ownership of a lot will be permitted only upon return of the Certificate of Interment Rights.  All information required to produce a new deed must be provided with a request to transfer.  In the event of a transfer request due to a bequest or will, the Town reserves the right to request the production of a notarial copy of the will or other evidence.

            f)  The certificate will specify the following:

• Name of owner
• Size and location of lot
• Amount paid for lot
• Amount paid for perpetual care
• Amount of Goods and Services Tax
• Name and address of trustee holding the perpetual care funds

3.         INTERMENTS AND DISINTERMENTS

            a) Interment in a lot is restricted to the owner of the lot.  Interments of another person in a lot will be provided only upon receipt by the Town of written consent from the owner or an Executor of the owner.

            b) Registration of the deceased and receipt of a burial permit from the Registrar by the Foreman are required prior to interment.

            c) To register a death the following information must be provided to the Town:

• Name
• Late residence
• Age
• Place of birth
• Place of death
• Date of death
• Name, address and phone number of deceased nearest relative
• Date and location of interment
• Name and address of Funeral Director

               d)  Requests for interment will be made to the Foreman at least 24 hours prior there to except under special circumstances and the approval of the Foreman.

            e)  All interments and disinterments will be performed by the Town or its agents if required.

            f)  Disinterments will only be done with the written consent of the local Medical Officer of Health and the owner of the lot or Executor of owner except on an order from the court or as provided under the Cemeteries Act and/or Coroner’s Act.

            g) One standard size lot may:

• Include double depth interments (i.e. 2 coffins) provided it is specified at the time of the first interment, and ground conditions are suitable.

• One regular interment with up to 6 created interments on top of original interment.

• Up to six cremated interments, without a regular interment.  The first cremated interment charge will be at the regular interment rates.

            h)  A maximum of four cremated interments will be permitted per lot in the Cremation Gardens.

4.         CEMETERY CARE

            a)  The care of the cemetery is the responsibility of the Town.  Any work on a lot or other aspect of the cemetery may proceed only with the permission of the Foreman.

            b)  The following items are prohibited and if placed in the cemetery by any person other than the Town Cemetery Staff are subject to immediate removal, by the Foreman.

• Any enclosure such as fencing, hedging, or railings.
• Trees, shrubs, bushes.  (i.e. Rose bushes.)
• Semi permanent hanging baskets, urn, flower stands vases, glass flower holders.
• Benches, chairs, table stands, lights or similar articles.

                c) Permitted articles for permanent placement at a lot are as follows:

• Permanently affixed hanging baskets situated to hang directly over the centre of the monument and connected to the monument or foundation or set in the ground so as to not interfere with the normal maintenance operations.

• Flower beds located immediately adjacent the front of a monument not larger then 300mm wide x the length of the foundation, and can not be enclosed with fence or border.

• Flowers contained in receptacles permanently attached to a monument.

• Articles that remain uncared for by the owner or that are unsightly in the opinion of the Foreman are subject to removal by the Foreman.

            d)  Articles placed at a lot temporarily during a funeral service may remain in place for up to one week at which time will be subject for removal by the Foreman.  These include; candles, artificial wreaths, flowers, memorials and similar articles.

            e)  No person other than authorized personnel will change the grading of a lot, change the location of markers or monuments, remove existing vegetation damage any item, or litter in the Cemetery.

5.         MONUMENTS

            a) No monument or marker will be placed until all outstanding charges with respect to the lot are paid in full.

            b)  Foundations will be constructed by the Town and will be a minimum of 100 mm larger than the monument on all sides.  The maximum size of foundation will be 600 mm x 900 mm for a single grave.

            c) All monuments and “Pillow Markers” will be placed on foundations.  Placement or removal will be done under the supervision of the Foreman.  Only one monument will be permitted on a single lot.  Monuments will be made of a permanent nature such as granite.  Monuments will be located within the 600 mm strip along the "Head" of the lot.

            d) Flat markers only are permitted in the Cremation Garden.

            e) No monuments or materials required for placement will be accepted at the Cemetery prior to the completion of a suitable foundation.

            f) No inscription will be placed on any monument which in the opinion of the Director is not in keeping with the dignity and decorum of the Cemetery.

6.         OTHER CONTRACTORS

            a)  No contractor will do any work without written authorization of the Foreman.

            b) All work, and worker demeanour will be subject to the Foreman’s supervision and control.

            c)  All work in the vicinity of a funeral will cease until the conclusion of the service.

            d) All work will be done during the normal working hours of the Cemetery unless by special permission of the Foreman.

            e)  All workers will maintain and leave the areas of work in a clean and tidy condition.  Surplus earth will be placed at a location as indicated by the Foreman.

7.         VISITORS

            a) Children under the age of 12 must be attended by an adult.

            b) Vehicle travel will observe a 15 km/hr speed limit.

            c)  Snow machines or all terrain vehicles are not permitted in the Cemetery.

            d)  No picnics, parades, processions, or services other than funeral processions will be permitted without prior approval of the Foreman.

            e)  Discharging of firearms in the Cemetery is prohibited with the exception of formal volleys during funeral services.

            f) Any person disturbing the quiet and good order of the Cemetery may be expelled from the Cemetery.

8.         Force and Effect

            This By-Law shall not come into force and take effect until approved by the Cemeteries Branch of the Ministry of Consumer and Commercial Relations.

READ a first, second and third time enacted and passed this 7th day of October, 1997.

Joe Mavrinac, Mayor

Gary D. Shay, Clerk