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The Corporation of the Municipality of Clarington
By-law 2022-055
Being a by-law to provide for the maintenance, management, regulation, and
control of the cemeteries in the Municipality of Clarington, and to repeal the
previous Cemetery By-law and amendments.
Whereas The Corporation of the Municipality of Clarington owns, and operates both
active and abandoned cemeteries within the Municipality of Clarington;
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:
1. Approval
These by-laws are the rules and regulations that govern the cemeteries listed in
Schedule "A", including the abandoned cemeteries, 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 2022-055
"Care and Maintenance Fund" means the requirement under the FBCSA and O.
Reg. 30/11 and 184/12 that a prescribed amount or a percentage of the purchase
price (excluding tax) of all interment 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 properties noted in Schedule "A", the
list of cemeteries operated by the Municipality of Clarington.
"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 Burial Land" = IBL = means a part of a cemetery designated for infants
with a grave no bigger than 18" x 36".
"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.
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Cemetery By-law 2022-055
"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 the person(s) authorized or entitled to inter
human remains in a specified lot. They may be the person named in the Interment
Rights Certificate or such other person to whom the rights have been assigned.
"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).
"Social Services Burial" see "Assisted Burial".
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Cemetery By-law 2022-055
"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" means a container for cremated remains.
"Vault" means a manufactured fiberglass or concrete shell that the casket is
placed into prior to an Interment.
3. General
3.1 Hours of Operation
Visitation Hours:
Office Hours:
Interment Hours:
3.2
3.3
ME
3.5
8:00 a.m. to Sundown
8:30 a.m. to 4:30 p.m.
8:00 a.m. to 4:00 p.m.
8:00 a.m. to 4:00 p.m.
(September to June)
(July and August)
Note, the Office for the Cemeteries is the Municipal Clerk's Division, 40
Temperance Street, Bowmanville.
No person shall enter or remain in a Cemetery between sundown and 8:00
a.m. without the permission of the Cemetery Operator.
The hours of operation shall not apply to a police constable and employees of
the Municipality of Clarington in the performance of their duties.
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.
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 one week's
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 Human remains (excluding cremated 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 from the cemetery may take place.
5.2 Cremated remains may be disinterred from a lot or niche provided that the
written consent (authorization) of the interment rights holder has been
received by the cemetery operation before the removal.
5.3 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).
5.4 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.
5.5 No opening of a niche is permitted except for the addition or removal of
human remains.
5.6 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.
5.7 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.
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Cemetery By-law 2022-055
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.
7.3 The rates for Interment Rights include the portion specified by the Act for
deposit to the Cemetery's Care and Maintenance Fund.
7.4 Payments for Interment Rights shall be made payable to the Municipality of
Clarington, through the Municipal Clerk's Division.
7.5 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
7.6 Purchasers of lots acquire only the right and privilege for the interment of
human remains and the placing of monuments, memorials, markers, and
inscriptions, subject to this By-law.
7.7 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 7.15. Upon receipt of such application and
payment of the prescribed fee, the Transfer shall be made, and a new
Certificate of Interment Rights issued.
7.8 The sale of Interment Rights shall be limited to a maximum of six
lots/graves/niches to each individual.
7.9 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).
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Cemetery By-law 2022-055
Third Party Purchases/Re-Sales
7.10 An interment rights holder may resell their interment rights so long as no
portion or their interment rights has been exercised in a lot. Prior to seeking a
third party buyer for their interment rights, the interment rights holder must
notify the Cemetery Operator of their intentions to resell.
7.11 Notwithstanding section 7.10, if the interment rights have been exercised but
disinterment has taken place and the lot is considered vacant, rights holders
are permitted to resell their interment rights, provided notice is given to the
Cemetery Operator as stated above in 7.10.
7.12 Subject to the provisions of this By-law and the Act, 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.
7.13 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.
7.14 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.
7.15 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.
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7.16 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.
7.17 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.
7.18 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
7.19 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
7.20 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.
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Cemetery By-law 2022-055
7.21 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 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.
7.22 No refund will be made for any Lot if any portion of the Interment Rights have
been exercised.
7.23 Notwithstanding subsections 7.1 to 7.18, 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 may 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 in accordance
with the prevailing legislation.
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.
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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 one business day 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.
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 Scattering of cremated remains is not permitted within the cemetery.
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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).
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.
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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 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.
11.9 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.
11.10 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.
11.11 No niche/cremation monuments are permitted on a burial lot.
11.12 No memorial benches are permitted.
11.13 No corner stones are permitted to be installed after the effective date of
passing of this by-law.
11.14 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.
11.15 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.
11.16 The minimum thickness for flat markers, including footstones, is 4 inches or
10 cm.
11.17 Only one Monument shall be erected within the designated space on any Lot.
11.18 Notwithstanding subsection 11.17, additional markers may be permitted, at
the discretion of the Cemetery Operator.
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11.19 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.
11.20 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.
11.21 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).
11.22 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).
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;
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.
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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 free standing and 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.
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.
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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.
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.
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Cemetery By-law 2022-055
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.
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.
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Cemetery By-law 2022-055
17. General
17.1 By-laws 2012-061, 2013-006, 2013-065, 2015-037, 2016-002, 2016-072,
2019-045, 2020-044, and 2022-035 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 12t" day of Decemb2 22
Adrian Fester, Mayor
December 14, 2022
June Gallagher, Municipal Clerk
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Cemetery By-law 2022-055
Schedule A
List of Cemeteries Operated by the Municipality of Clarington
Active 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.;
Inactive Cemeteries:
Abandoned Cemeteries in the Former Township of Clarke
Cemetery Name Location
Billings Cemetery
Lot 25, Concession 9
Brown Family
Lot 21, Concession 2
Christian Church
Lot 28, Concession 5
Coulter Farm (Banstra)
Lot 25, Concession 2
Gifford Family
Lot 15, Concession 2
Gilmer Family Plot
Lot 2, Concession 4
Graham Property
Lot 32, Concession 2
Lawrence's Back Church
Lot 34, Concession 7
Lawrence's
Lot 21, Concession 5
McLean or Elliott
Lot 9, Concession 8
McNeil Property
Lot 15, Concession 3
McNeile & Neely
Lot 32, Concession 7
Nay & Staples
Lot 31, Concession 8
Newtonville Presbyterian
Lot 8, Concession 2
Smith Family
Lot 3, Concession 4
Stutt Farm
Lot 19, Concession 4
White Church Cemetery
Lot 13, Concession 4
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Cemetery By-law 2022-055
Abandoned Cemeteries in the Former Township of Darlington
Cemetery Name
Location
Abandoned Cemetery
Lots 28 & 29, Concession BF
Advent
Lot 26, Concession 5
Bible Christian Cemetery
Lot 19, Concession 6
Burk
Lot 24, Concession BF
Enniskillen Presbyterian
NW Corner, Lot 18, Concession 7
Hampton South
Lot 18, Concession 5
Long Sault
SE Corner, Lot 5, Concession 9
Mount Vernon Episcopal
Lot 28, Concession 6
Old Methodist
Lot 27, Concession 9
Providence
Lot 3, Concession 3
Rehobeth
Lot 5, Concession 2
Salem
North End, Bowmanville Golf & Country Club
Trinity Anglican
Lot 17, Concession 8
Trulls
Lot 32, Concession 1
Tyrone
Lot 9, Concession 7
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