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The Corporation of the Municipality of Clarington
By-law 2022-035
Being a by-law to provide for the maintenance, management, regulation, and
control of the cemeteries in the Municipality of Clarington.
Whereas The Corporation of the Municipality of Clarington owns, and operates, the
following municipal cemeteries:
• Bowmanville Cemetery, located at 1330 Haines Street, Bowmanville;
• Bond Head Cemetery, located at 44 Queen Victoria Street, Newcastle;
• St. George's Cemetery, located at 2 Browview Road, Bowmanville;
• Hampton Union Cemetery, located at 5810 Old Scugog Road, Hampton;
• Orono Cemetery, located at Lot 28, Mill Lane, Orono.;
And whereas the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002 c.33
regulates the operations of cemeteries in Ontario;
And whereas the Council of The Corporation of the Municipality of Clarington deems
it desirable to enact a By-law to regulate the operation of municipal cemeteries;
Now therefore the Corporation of the Municipality of Clarington hereby enacts as
follows:
Approval
These by-laws are the rules and regulations that govern the Bowmanville Cemetery,
Bond Head Cemetery, St. George's Cemetery, Hampton Union Cemetery, and
Orono Cemetery, and have been approved by the Registrar, Funeral, Burial and
Cremation Services Act, 2002 (FBCSA), Bereavement Authority of Ontario (BAO).
2. Definitions
"Act" means the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), S.O.
2002 c.33.
"Ashes" means the cremated or aquamation remains of a deceased human body.
"Assisted Burial" means a burial when the deceased's estate is unable to cover
the cost of the burial and Social Services pays for the grave and interment, to
ensure that individuals who are in receipt of social assistance, indigent persons,
and persons in financial need may have their remains interred or cremated in a
respectful and dignified manner.
"Burial" means the opening and closing of an inground lot or plot for the
disposition of human remains or cremated human remains.
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Cemetery By-law 2022-035
"Care and Maintenance Fund" means the requirement under the Act and
Regulations that a prescribed amount or a percentage of the purchase price
(excluding tax) of all interment and scattering rights sold, transferred, assigned, or
permitted; and prescribed amounts for monuments and markers is contributed into
the care and maintenance fund.
"Casket" means the container/coffin in which human remains are interred.
"Cemetery" means those areas inside the Bowmanville Cemetery, St. George's
Cemetery, Bond Head Cemetery, Hampton Union Cemetery and Orono Cemetery
set aside for the interment of human remains or ashes.
"Cemetery Operator" means the Municipality of Clarington.
"Columbarium" means a structure (a niche wall) designed for the purpose of
interring and preserving of cremated remains in sealed compartments (niches).
"Contract" means the signed contract between the purchaser of Interment Rights
and the Cemetery Operator detailing the obligations of both parties, and
acknowledging receipt and acceptance of the cemetery by-laws, a copy of the
Consumer Information Guide and the Price List.
"Corner Stones" means any stone or other land markers, usually 6"x 6", set flush
with the surface of the ground and used to indicate the location of a lot or plot.
"Corporation" means the Corporation of the Municipality of Clarington.
"Cremation Monument" see "Niche Monument".
"Director" means the Director of Public Works of the Municipality of Clarington or
their designate.
"Disinterment" means the digging/removal and re -interment of a casket, vault or
urn from a burial lot or niche.
"Grave" (Also known as Lot) means any inground burial space intended for the
interment of a child, adult, or cremated human remains.
"Holiday" means a Statutory or Declared Holiday as well as any day designated
in a collective agreement approved by the Municipality of Clarington.
"Human remains" means the remains of a deceased human body.
"Infant Baby Land" = IBL = means a part of a cemetery designated for infants
with a grave no bigger than 18" x 36".
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"Interment" means the opening of a lot and then the placing of dead human
remains or cremated human remains in that lot, followed by closing the lot. The lot
may be a grave in the ground, a crypt in a mausoleum, or a niche in a
columbarium.
"Interment Right" means the right to require, or direct, the interment of human
remains or cremated human remains in a grave, lot, or niche and direct the
associated memorial ization.
"Interment Rights Certificate" means the document issued by the Cemetery
Operator to the purchaser once the interment rights have been paid in full,
identifying ownership of the interment rights.
"Interment Rights Holder" means any person authorized, or entitled, to inter
human remains in a specified lot.
"Lot" (also known as Grave) means a single grave space.
"Marker" means any permanent memorial structure that is set flush and level with
the ground, where no foundation is required and used to mark the location of a
burial.
"Memorial Bench" means a bench (typically granite) personalized with
lettering/dates/artwork placed on a burial lot.
"Monument" means any permanent memorial projecting above the ground
installed to mark the location of a burial or lot. This may include an upright or
pillow style requiring a foundation and a base.
"Municipal Clerk" means the Clerk of the Municipality of Clarington or their
designate.
"Niche" means an individual compartment in a columbarium for the entombment
of cremated human remains.
"Niche Monument" means a permanent memorial installed by individuals to mark
the location of a particular burial, or a lot, which includes individual compartment(s)
intended for the entombment of cremated human remains.
"Plot" means a parcel of land, sold as a single unit, containing multiple lots.
"Register" means an up-to-date record (within five days of interment) of the name
and address of each Interment Rights Holder and the location of the lot. The name
and address of the original Interment Rights Holder, any date of transfer, and to
whom the rights were transferred. The name of each person interred, the location
within the Cemetery, and the date of interment, particulars regarding disinterments
including the name of the person disinterred, date of disinterment, who authorized
the disinterment, where the remains were re -interred, or the person who took
possession of the remains.
"Registrar" means the Registrar of the Bereavement Authority of Ontario (BAO)
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Cemetery By-law 2022-035
"Social Services Burial" see "Assisted Burial".
"Third Party Purchaser" means any person who purchased Interment Rights
from a source other than the Cemetery Operator, in accordance with the provisions
of this by-law.
"Urn" see Vessel.
"Vault" means a manufactured fiberglass or concrete shell that the casket is
placed into prior to an Interment.
"Vessel" means a container for cremated remains.
3. General
3.1 Hours of Operation
Visitation Hours: 8:00 a.m. to Sundown
Office Hours: 8:30 a.m. to 4:30 p.m. (September to June)
8:00 a.m. to 4:00 p.m. (July and August)
Interment Hours: 8:00 a.m. to 4:00 p.m.
Note, the Office for the Cemeteries is the Municipal Clerk's Division, 40
Temperance Street, Bowmanville.
3.2 No person shall enter or remain in a Cemetery between sundown and 8:00
a.m. without the permission of the Cemetery Operator.
3.3 The hours of operation shall not apply to a police constable and employees
of the Municipality of Clarington in the performance of their duties.
3.4 Conduct
The Cemetery Operator reserves full control over the Cemetery
operations and management of land within the Cemetery grounds.
No person may damage, destroy, remove, or deface any property within
the Cemetery.
All visitors shall conduct themselves in a quiet manner that shall not
disturb any service being held.
3.5 Liability
The Cemetery Operator shall 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
Operator.
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3.6 Public Register
Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums
to maintain a public register that is available to the public during regular
office hours. The Public Register shall be available to the public through
the Municipal Clerk's Division during regular office hours.
3.7 Pets or Other Animals
Pets or other lower animals, including cremated animal remains, are not
allowed to be buried on Cemetery grounds.
3.8 Right to Re -Survey
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.
3.9 Interments on a Statutory Holiday or Sundays
No interment shall be made on a Statutory Holiday, or Sunday, without
payment of an extra charge as set forth in the Fee By-law. This extra
charge is not applicable when there is a written order, from a Medical
Officer of Health, for interment.
3.10 Memorial Services
Memorial Services greater than 75 people shall require advanced notice
to the Cemetery Operator.
4. Cemetery Services
4.1 Cemetery services available from the Municipality of Clarington shall not be
allowed to be supplied by any person, other than those authorized by the
Cemetery Operator.
"Cemetery Services" shall include:
a) cutting grass and general care of lots;
b) planting trees, shrubs and grass;
c) setting grave markers, and memorials;
d) construction of a foundation for monuments and markers;
e) opening and closing of graves; and
f) disinterment or removal of human remains.
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5. Disinterment or Removals
5.1 Unless otherwise directed by the Medical Officer of the Department of
Health, no human remains may be disinterred from the Grave without
written consent of the Interment Rights Holder.
5.2 No disinterment or removal of any casketed human remains shall be
allowed except as ordered by those defined in the Act and in the presence
of the Cemetery Operator, and upon due observance of all other
requirements of the Act and regulations.
5.3 No opening of a niche is permitted except for the addition or removal of
human remains.
5.4 Removal of a joint urn to add a second set of human cremated remains
(work performed by a funeral home employee) would not be considered a
disinterment.
5.5 A certificate from the local Medical Officer of Health is not required for the
removal of cremated remains.
6. Oversized Vaults
6.1 Where a Vault has a width of more than 2' 6" (0.762 metres), or a length of
more than 7' 6" (2.286 metres), the Cemetery Operator shall not be obliged
to permit the interment unless there is sufficient space to accommodate it;
and the Cemetery Operator shall not be obliged to permit the erection of any
Monument where there is insufficient room left for the foundation.
7. Sale and Transfer of Interment Rights
7.1 Purchasers of interment rights holders acquire only the right to direct the
burial of human remains, and the installation of monuments, markers, and
inscriptions, subject to the conditions set out in the cemetery by-laws. 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.
7.2 Subject to availability of Lots, Interment Rights may be purchased from the
Municipality at the rates set out in the Fee By-law. The rates for Interment
Rights include the portion specified by the Act for deposit to the Cemetery's
Care and Maintenance Fund except for transactions with a grave (i.e.
transfer, interment or installation of a marker/monument) that was
purchased previously and included the "care and maintenance" at the time
of purchase.
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7.3 Payments for Interment Rights shall be made payable to the Municipality of
Clarington, through the Municipal Clerk's Division.
7.4 Upon payment in full, the Municipality shall provide each purchaser of
Interment Rights with:
a) a copy of the Contract;
b) a copy of the Cemetery By-law;
c) a Certificate of Interment Rights; and
d) any other documents as required under the Act
7.5 Purchasers of lots acquire only the right and privilege for the interment of
human remains and the placing of markers, subject to this By-law.
7.6 To ensure accuracy of the Register, no transfer of any Interment Right or
any interest therein shall be binding upon the Municipality, unless
application for the Transfer has been submitted, including necessary
supporting documentation, and the original Certificate of Interment Rights
returned, as required under Subsection 4.9 a). Upon receipt of such
application and payment of the prescribed fee, the Transfer shall be made
and a new Certificate of Interment Rights issued.
7.7 The sale of Interment Rights shall be limited to a maximum of six
lots/graves/niches to each individual.
7.8 For sales after the effective date of this by-law, the sale of six niches shall
not be continuous (i.e. not a whole row).
Third Party Purchases/Re-Sales
7.9 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.
7.10 Subject to the provisions of this By-law and the Act, and provided that no
part of the Interment Rights have been exercised, an Interment Rights
Holder may sell, or transfer, their Interment Rights to a Third Party
Purchaser at no more than the current price, so long as the sale or transfer
is conducted through the Cemetery Operator and the interment rights holder
and purchaser meet the qualifications and requirements.
7.11 If an Interment Rights Holder is unable to find a third Party Purchaser at the
current purchase price, the Municipality may buy the rights back at a
negotiated price.
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7.12 No person shall purchase Interment Rights for the sole or primary purpose
of reselling the Rights with a view to making a financial gain. The Interment
Rights may not be sold to Third Party Purchasers for more than the price set
out in the current Price List (contained in Clarington's Fee By-law) as the
case may be.
7.13 An Interment Rights Holder intending to sell their Interment Rights to a Third
Party Purchaser shall provide the Municipality with the following
documentation so that the Municipality can confirm the ownership of the
Rights and provide the Third Party Purchaser with the required
documentation:
a) an Interment Rights certificate endorsed by the current Rights holder;
b) if the resale involved Interment Rights, a written statement of the
number of Lots that have been used in a Plot and the number of Lots
that remain available; and
c) any other documents in the Interment Rights Holder's possession
relating to the Rights.
7.14 To complete the sale of the Interment Rights to a Third Party Purchaser the
Municipality may also require:
a) a statement signed by the Interment Rights Holder(s) selling the
Interment Rights acknowledging the sale of the Rights to the Third
Party Purchaser;
b) 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;
c) a record, setting out the date of the transfer of the Interment Rights to
the Third Party Purchaser; and
d) a statement of any money owing to the Municipality in respect of the
Interment Rights.
7.15 The Third Party Purchaser will be provided with the following documents by
the Municipality:
a) a new Certificate of Interment Rights;
b) a copy of this By-law;
c) a copy of the current Price List (contained in Clarington's Fee By-law);
d) If the resale involves Interment Rights, a written statement of the
number of Lots that have been used in a Plot and the number of Lots
that remain available; and
e) any other documentation in the Interment Rights Holder's possession
relating to the Rights.
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7.16 Upon completion of the procedures detailed in the "Third Party Purchaser"
section of this by-law, and at the approval of the Municipal Clerk, the Third
Party Purchaser shall be considered the current Interment Rights Holder
and the resale or Transfer of the Interment Rights shall be considered
completed.
Transfer by Will or Bequest
7.17 In cases of Transfer by will or bequest, the Municipal Clerk shall have the
right, in their sole discretion, to require the production of a notarized copy of
the will or other evidence sufficient to prove ownership.
Cancellation of Interment Rights within 30 Day Cooling -Off Period
7.18 In accordance with the Act, any Interment Rights Holder may cancel the
Interment Rights within thirty (30) days of signing the 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.
7.19 Upon receiving written notice from the purchaser, the Cemetery Operator
will cancel the contract and issue a refund to the purchaser for the amount
paid for the interment or scattering rights. This refund will be made within
thirty (30) days of receiving said notice. If the interment rights certificate has
been issued to the interment rights holder(s), the certificate must be
returned to the Cemetery Operator along with the written notice of
cancellation.
7.20 No refund will be made for any Lot if any portion of the Interment Rights
have been exercised.
7.21 Notwithstanding subsections 7.1 to 7.17, inclusive, burial rights for graves
provided for assisted burials cannot be transferred or sold and shall remain
vested with the Municipality in perpetuity.
8. Care and Maintenance Fund Contributions
8.1 Interest earned from this fund is used to provide care and maintenance of
lots, plots, markers, and monuments.
8.2 Contributions to the Care and Maintenance Fund are not refundable except
when Interment Rights are cancelled within the 30 day cooling off period.
8.3 Where interment rights were sold before 1955 and no trust funds were
collected for the purpose of care and maintenance (or perpetual care as
was often the term used pre-1955), the Municipality shall charge the
interment rights holder care and maintenance fees, at the time the rights are
either transferred or at the time the rights are executed (including erecting a
monument). The rate shall be based on the approved rates.
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9. Errors
9.1 In the event that an error on the part of the Municipality is discovered with
an Interment Right prior to the use of the lot/niche for Interment, and that
niche is no longer available, the Municipality shall:
a) promptly notify the Interment Rights Holder of the error;
b) amend the affected Contract and Certificate of Interment Rights of that
lot/niche, or other Interment Right made prior to the enactment of this
By-law, so as to provide a lot/niche of equal or greater value and
similar location acceptable to the Interment Rights Holder; or
c) cancel the Interment Rights and refund the full amount paid as
evidenced in the Municipality's records.
9.2 The Interment Rights Holder shall notify the Municipality of their preference
within 30 days of the notification of the error; otherwise, the Municipality
shall be entitled to make the decision.
10. Interments
10.1 Interment Rights Holders must provide written authorization prior to an
Interment. 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, succession Rights holder, or next of kin).
10.2 A duly issued burial permit, or equivalent document showing that the death
has been registered with the Province, must be provided to the Cemetery
Operator prior to an Interment taking place.
10.3 A Certificate of Cremation must be submitted to the Cemetery Operator
prior to the Interment of cremated remains.
10.4 The Cemetery Operator shall be given 24 business hours of notice for each
Interment.
10.5 Payment for Interment, and the Provincial License Fee for each individual
interred, must be made to the Cemetery Operator, payable to the
Municipality of Clarington through the Municipal Clerk's Division before an
interment can take place.
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10.6 Notwithstanding subsection 10.5, an interment can take place, without
payment for interment for niches purchased in the:
• Hampton Cemetery prior to June 28, 2013; and
• Orono Cemetery prior to June 1, 2019.
10.7 Notwithstanding subsection 10.5, an interment can take place for an
assisted burial prior to receipt of payment for the Interment, provided the
Municipal Clerk has received written confirmation from Social Services of a
commitment to pay for the services.
10.8 The opening and closing of Graves or Niches may only be conducted by
Municipal staff or those designated to do work on behalf of the Cemetery
Operator.
Scattering
10.9 No person shall scatter cremated remains on, or within, any Grave.
More than Two in One Lot
10.10 Due to the instability of the soil, the top of any interment container shall be
36" (91.5 cm) below ground surface for safety reasons. Regardless of the
manner in which the Grave is prepared, only one full -body Human Remains
is to be interred in any single Lot.
10.11 Human cremated remains shall be allowed to be interred with full -body
Human Remains. The limit shall be three cremated remains with one full -
body Human Remains in any single Lot or, four cremated remains if there is
no full human remains.
10.12 Notwithstanding Subsection 10.11, if the lot is being used for both full -body
burials and cremated remains, full -body burials must be in place prior to
placing cremated remains in any single lot.
10.13 Notwithstanding Subsection 10.11, for those who purchased Lots or Plots:
• In the Bowmanville Cemetery prior to July 1, 2005, requesting a
double interment in one Lot, the limit shall be four cremated
remains with two full -body Human Remains in any single Lot;
• In the Orono Cemetery prior to June 1, 2019, six cremations
will be permitted with the approval of the Cemetery Operator;
In the Hampton Cemetery, six cremations will be permitted in
all graves (as all graves were sold prior to Clarington assuming
the cemetery).
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11. Memorialization
11.1 No memorial or other structure shall be erected or permitted on a Lot until
all setup and foundation fees have been paid in full including markers
requested to be installed for graves provided for assisted burials.
11.2 No Monument, footstone, marker, or memorial of any description shall be
placed, moved, altered, or removed without permission of the Cemetery
Operator.
11.3 Minor scraping of the monument base of an upright monument due to
grass/lawn maintenance is considered to be normal wear and tear.
11.4 The cemetery operator will take reasonable precautions to protect the
property of interment rights holders, but it assumes no liability for the loss of,
or damage to, any monument, marker, or other structure, or part thereof.
11.5 Memorials — monuments, markers, plaques etc. are owned by the interment
rights holder and the cemetery operator is not responsible for their loss or
deterioration. These memorials should be protected by the interment rights
holder's own insurance coverage.
11.6 Monuments, footstones, markers, or memorials may be purchased and
placed on an assisted burial grave by a person, or by a relative of a
deceased person where the deceased person is the rights holder, provided
they sign an indemnity declaration on the Monument Order Form.
11.7 The Cemetery Operator is not responsible for the cleaning of any
monuments and/or markers.
11.8 Memorials — monuments, markers, plaques etc. are owned by the interment
rights holder and the Cemetery Operator is not responsible for their loss or
deterioration. These memorials should be protected by the interment rights
holder's own insurance coverage.
11.9 All foundations for Monuments and Markers shall be built by or contracted to
be built for, the Cemetery Operator at the expense of the Interment Rights
Holder.
11.10 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.
11.11 The Cemetery Operator 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 Cemetery Operator.
11.12 No niche/cremation monuments are permitted on a burial lot.
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11.13 No memorial benches are permitted.
11.14 No corner stones are permitted to be installed after the effective date of
passing of this by-law.
11.15 All Monuments shall be mounted only on a stone or concrete base or footing
and the base or footing shall be constructed by the Cemetery Operator and
set flush with the level of the adjoining ground.
11.16 A Monument or other structure shall be erected only after the specific
design plans have been approved by the Cemetery Operator including
dimensions, material of structure, construction details, and proposed
location.
11.17 The minimum thickness for flat markers, including footstones, is 4 inches or
10 cm.
11.18 Only one Monument shall be erected within the designated space on any
Lot.
11.19 Notwithstanding subsection 11.18, additional markers may be permitted, at
the discretion of the Cemetery Operator.
11.20 Every Monument shall be made of bronze, natural stone (granite or marble
or other durable stone used for that purpose) with no vertical joint and no
ornament of stone, metal or other material attached thereto.
11.21 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 Monument supplier have been notified by the Cemetery
Operator.
11.22 Every Marker for a single Grave shall be of a size as nearly as practicable,
of 18" X 24" (45.7 cm X 61 cm) width, with a thickness of from 3" to 8" (7.6
cm to 20.3 cm).
11.23 No Monument shall exceed 48" (122 cm) in height, including base or
footing, above the level of the adjoining ground, and when located on a Lot
shall not exceed 10% of the Lot area. When located on a Plot, the base
shall not exceed 14" X 38" (35.5cm x 96.5 cm).
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12. Care and Planting
12.1 The interest generated from the Care and Maintenance Fund shall be used
to maintain, secure and preserve the Cemetery grounds, including:
a) re -leveling and seeding of Lots or scattering grounds;
b) maintenance of cemetery roads, sewers, and water systems;
c) maintenance of perimeter walls and fences;
d) maintenance of cemetery landscaping;
e) maintenance of mausoleum and columbarium; and
f) repairs and general upkeep of cemetery maintenance buildings and
equipment.
12.2 No person, other than the Cemetery Operator, shall remove any sod or in
any other way change the surface of the Cemetery.
12.3 No person shall plant flower beds or live plants that exceed 12".
12.4 No person shall install plant/garden borders of any kind.
13. Decorations
13.1 The Cemetery Operator reserves the right to regulate the articles placed or
hung, on Lots, Plots, columbariums, or niches that: pose a threat to the
safety of all Interment Rights Holders, visitors to the Cemetery, and
Cemetery employees; prevents the Cemetery Operator from performing
general cemetery operations; or are not in keeping with the respect and
dignity of the Cemetery. Items will be removed and disposed of without
notification.
13.2 Notwithstanding subsection 13.1, no articles will be allowed in new areas,
specifically:
• In sections DID and any new sections in the Bowmanville Cemetery;
• In Sections A, D, and G in the Orono Cemetery; and
• Columbariums constructed after the passing of this by-law.
13.3 Columbarium decorations should be no more than 4" in any direction from
the opening of the holder.
13.4 The Cemetery Operator reserves the right to disallow or remove quantities
of memorial wreaths or flowers considered to be excessive and that
diminish the otherwise tidy appearance of the Cemetery.
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13.5 Memorial wreaths may be placed in the Cemetery between the last day of
October and the first day of April. In order to prepare the grounds for spring,
wreaths must be removed prior to the first day of April. Wreaths not
removed by the first day of April will be removed and disposed of by the
Cemetery Operator without notification.
13.6 The following are permitted at the front of a Grave, not more than 12"
(30.5 cm) from the Marker or Monument:
a) unbreakable flowerpots; and
b) planted flowers
13.7 Floral stands are to be of a single leg support type and may not exceed 48"
(122 cm) with no more than two stands per Monument. The arms of the
stand must not project more than 12" (30.5cm) from the Marker or
Monument. Stands not in compliance will be removed by the Cemetery
Operator.
13.8 Pot hangers/holders/stands are prohibited.
13.9 Notwithstanding subsection 13.8, pot hangers/holders/stands are allowed in
St. Georges Cemetery, Hampton Cemetery, Bond Head Cemetery,
Bowmanville Cemetery lots A -CC and the Orono Cemetery lots excluding A,
D, and G.
13.10 Flowers placed on a Grave for a funeral shall be removed by the Cemetery
Operator after a reasonable time to protect the sod and maintain the tidy
appearance of the Cemetery.
13.11 Planted items must be in alignment with, and in close proximity to, the
Marker. Flowering plants must be grown only in front of the Marker and
shall not extend more than 12" (30.5 cm) from the Marker. Maintenance
involves pruning to limit height of trees to 48" (122 cm), and laterally to
within the boundaries of the Interment Rights Holder's Lot. Flowering plants
must be weeded and watered. The plants may be removed and discarded
at the discretion of the Cemetery Operator.
13.12 Lettered boards, signs, items made of glass, porcelains and clay items, in
whole or in part, crockery items or wind chimes are prohibited.
14. Contractor/Monument Dealer
14.1 Any contract work to be performed within the Cemetery requires the written
pre -approval of the Interment Rights Holder and the Cemetery Operator
before the commencement of the work. Work requiring pre -approval
includes 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, and the location
of the work to be performed.
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Cemetery By-law 2022-035
14.2 All contractors shall report to the Cemetery Operator and provide the
necessary approvals before commencing work at any location in the
Cemetery.
14.3 Prior to the start of any said work, contractors must provide proof of:
a) WSIB coverage;
b) Occupational Health and Safety compliance standards;
c) Environmental Protection;
d) WHMIS; and
e) evidence of liability insurance of not less than $2 million.
14.4 All contractors and all work carried out by contractors within the Cemetery
shall comply with the requirements of this By-law.
14.5 No contractor, monument dealer or supplier shall enter the Cemetery
outside of the Interment Hours unless approval has been granted by the
Cemetery Operator.
14.6 No work shall be performed at the Cemetery except during the regular
Interment Hours.
14.7 Contractors shall temporarily cease all operations if they are working within
100 metres of a funeral until the conclusion of the service. The Cemetery
Operator, at their sole discretion, reserves the right to temporarily cease
contractor operations, 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.
14.8 Contractors, monument dealers and suppliers shall lay wooden planks on
the Lots and paths over which heavy materials are to be moved in order to
protect the surface from damage.
15. Columbarium
15.1 Only the Cemetery Operator may open and seal Niches for Interments.
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, vases, adornments, or any other approved attachment.
15.3 No person, other than the Cemetery Operator, shall remove or alter niche
fronts.
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Cemetery By-law 2022-035
16. By -Law Amendments
16.1 The Cemetery shall be governed by this By-law, and all procedures will
comply with the Act and Ontario Regulation 30/11, which may be amended
periodically.
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
one of the Clarington cemeteries during the previous year, if the by-law
or by-law amendment pertains to Markers or their installation; and
d) posted on the municipal website.
16.2 All by-laws and by-law amendments are subject to the approval of the
Registrar.
17. General
17.1 By-laws 2012-061, 2013-006, 2013-065, 2015-037, 2016-002, 2016-072,
2019-045, 2020-044 are hereby repealed.
17.2 In the event that any provisions of this By-law are deemed to be invalid or
void, in whole or in part, by any court of competent jurisdiction, the
remaining terms and provisions shall remain in full force and effect.
17.3 This By-law shall be effective the date that it is approved by the Registrar.
Passed in Open Council this 20'" day of June, 202 .
Adrian Foster, Mayor
hn Paul Newman, Deputy Clerk
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