Tamworth and Christ Church Cemeteries By-Laws

Approved by the Ontario Ministry of Consumer and Commercial Relations, Cemeteries Branch June 3, 2002

This cemetery board (herein after referred to as “the board”) will act as governing board of trustees for the cemeteries located as Christ Church Cemetery at 26 Concession Street North in Tamworth, also known as Lot 2 & 3, Block J, Plan 86 Sheffield Ward, Stone Mills Township, and Tamworth Cemetery, located at 683 Addington Street, Tamworth, also known as Pt. Lot 6 Concession 6, Pt. Lot 1 and 2, (Reg. Plan 29R 4894) Sheffield Ward, Stone Mills Township.

The cemetery board and the governed cemeteries are classed as a religious non-profit organization by the Ontario Ministry of Consumer and Commercial Relations.

The board consists of at least 5 members, but not to exceed 9 members including the Anglican Church Priest, the two Church Wardens, and at least two members appointed at large. These board members will be voted in at the annual general congregation meeting held at Christ Church each January. One member of this cemetery board will be appointed as Chairperson of the board and a Secretary­Treasurer will be hired for the administrative duties pertaining to the daily operations of the board. The board will hire a caretaker for the cemeteries each year for the grass cutting and general maintenance of the cemeteries under the direction of the chairperson and the board. The caretaker or the Secretary-Treasurer cannot be included as a voting member of this board.
The board shall enlist the services of an auditor for annual audits.

The board shall meet, at the call of the chairperson, at least twice a year.

The Secretary-Treasurer shall record the minutes of the meetings, have care of all records and documents, and handle all correspondence and keep a proper record of all financial transactions and regularly report to the board.

The board distinctly disclaims all responsibility for loss or damage from causes beyond its control, including work set for funeral services by sub-contractors on behalf of the funeral home, for concrete vaults and related equipment for services on site, and especially from damage caused by acts of nature, common enemy, thieves, vandals, malicious makers, accidents, fire or civil disobedience, whether the damage be direct or collateral. The board also disclaims all responsibility for loss. The board shall take reasonable pre­cautions to protect the property of rights holders, but it assumes no liability for the loss of or damage to any article of any type that is placed on any lot or plot.

All gross revenues are applied:
a)   for the general upkeep and improvement of the cemetery grounds
b)   for the purchase of additional land when required
c)   to the general Care and Maintenance Fund and its monument Care and Maintenance Fund and
d)   the Board’s licensing fees if any.

The board may set aside facilities and areas within the cemetery solely for the interment and columbaria preservation of cremated remains.

Board meetings are open to limited presentations by any member of the public including rights holders, but since it is a meeting of elected trustees, no one else can attend except through invitation.

General Laws
Interment rights (lots) shall only be sold by the cemetery board. The transfer of Ownership of Interment Rights is not binding upon the board until a Transfer of Interment Rights Form has been registered with the board. A new deed of ownership will be issued by the board upon submission of the original deed. No interment shall be made without the permission of the Rights holder or his/her legally authorized representative.

The cemetery board shall provide each rights owner at the time of the completion of sale, with the following:
a) Copy of the Contract
b) Copy of the Cemetery Bylaws
c) Certificate of Interment Rights

All prices for Cemetery lots and services shall be as established in the most recent tariff of rates filed with the Ministry of Consumer and Commercial Relations. Prices for lots shall include the applicable portion for the deposit to the cemetery’s Care and Maintenance Fund.

Graves are to be available for the interment of only two human remains in the following state: 1 full adult or infant burial and 1 cremated remains or 2 cremated remains burial. Exceptions to this law applies only to plots purchased prior to these bylaws, by individuals who at the time purchased a grave for interment of several cremated remains. These exemptions will be determined by the cemetery board only.

The deposit to the Care and Maintenance fund (perpetual care) shall be as specified in the Regulations under the Cemetery Act as a minimum 40% of the sale price.

Care and Maintenance Fund (monuments) fees are in accordance with Section 30 of the Act and are as follows:
a)   Flat marker over 172 square inches –$50.00
b)   Upright monument up to 4 feet width/height – $100.00
c)  Upright monument over 4 feet width/height – $200.00

Notice of the interment must be given to the Cemetery Board at least 24 hours previous thereto except under special emergency conditions. Interments may take place 7 days a week during daylight hours, any time of year provided the grave can be properly marked and the cemetery board are confident that conditions in the cemetery do not prevent the operation of machinery to work without extensive damage to adjoining lots.

Before a disinterment may take place, notice must be given to the board. No body or cremated remains shall be removed without written consent of the local officer of health and the owner of the rights, except on an Order from the Court or as provided in the Regulations of the Act.

Flowers placed on graves at time of interments will be allowed to stay for a period of two weeks after which the caretaker or board member will remove and dispose of. Artificial or silk arrangements will be left for the balance of season and may be cleaned off in the spring if unsightly or damaged. Aluminum flower racks will no longer be allowed because of hazard to persons and grass cutting operators. Seasonal flowers may be planted around monuments but the cemetery accepts no responsibility for their upkeep or damage for any reason.

No trees or shrubs will be planted by any member of the public. Only trees planted by the direction of the cemetery board will be allowed. Trimming and removal of existing trees will be done only under the direction of the cemetery chairperson or by board members in his/her absence.

Monuments will be installed in the cemetery only by approved professional monument installers. Monuments will be made of granite, or bronze only. No wooden or metal crosses will be permitted. Installation of monuments will be done only after the cemetery board has received the care and maintenance fee, marked out the proper location and direction of the monument and the size conforms to the allowable space for each plot. Maximum monument base width for an upright monument for a one-grave (4′ wide) burial plot is 36″.

Flat markers will be allowed as flat only. No pillow markers will be allowed due to grass cutting hazard. Bevel markers will be allowed if the height of the front is a minimum 4″ height and the back a minimum 6″ height and it must be on a concrete pad to ensure the stability of these heights.

Design and lettering content is entirely up to the purchaser, however, the cemetery board reserves the right to refuse the installation of any monument that does not conform to the dignity and respect of the cemetery.

Foundations will be installed only by qualified monument installers. In the case of an upright monument, each installed foundation will be of concrete poured at least 4 feet below grade and be 3″ wider than the circumference of the granite base. It is preferred that a pre-cast pad be used on the top of the foundation to minimize crumbling of edges.

Corner posts
4 granite corner posts must be purchased from the cemetery board at the time of purchase of interment rights with the full surname of the purchaser or the plot beneficiary inscribed on each post.

Interments may take place any time of the year provided the grave can be properly marked out for the grave contractor. All costs relating to snow removal of the cemetery lane and access to the grave will be the responsibility of the deceased’s estate or family. If there is any doubt as to the proper location in winter, the board chairperson or his/her delegate may direct the funeral director to hold over the burial until spring. In the case of the latter, use of the winter storage vault at Christ Church Cemetery will be at no cost. A burial permit is required before an interment can be conducted.

All burials (not cremated) must be interred in a suitable casket or container manu­factured for the purpose of earth burial. No substitute containers will be allowed. Cremated remains must be buried in an urn that will contain the remains after burial. Pouring or scattering of cremated remains is not allowed.

Access to Cemetery
The public is allowed in the cemetery during daylight hours only. No dogs or cats are allowed in the cemetery. Children under 14 MUST be accompanied by an adult at all times.