Oakwood Cemetery By-law

1.1 Definitions

In this By-law, unless the context otherwise requires:

1. "Act" shall mean the Funeral, Burial and Cremation Services Act (Revised), S.O. 2002, C.33, as amended, and the Regulations thereto;
2. "Board" means that group of individuals appointed by Norfolk County Council for the purpose of operating and maintaining the cemetery.
3. "Care and Maintenance Fund" is a requirement under the Funeral, Burial and Cremation Services Act, 2002 and the contribution to the Care and Maintenance Fund/Account is the greater of $250 and a percentage of the purchase price of an Interment Right. Set amounts for marker and monument installations is also contributed into Care and Maintenance Fund. Interest earned from this fund is used to provide care and maintenance of graves, plots, markers and monuments at the Cemetery.
4. "Cemetery" means Oakwood Cemetery and those lands set aside and approved for the interment of human remains;
5. "County" means the Corporation of Norfolk County.
6. "Contract" for the 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 bylaw.
7. "Corner Posts" shall mean any granite stone set flush with the surface of the ground and used to indicate the location of a grave or plot.
8. "Grave" means an area of land in a Cemetery containing or set aside to contain human remains.
9. "Interment Rights" is the right to require or direct the interment of human remains;
10. "Columbarium" means a structure designed for the interment of cremated human remains in sealed compartments;
11. "Niche" an individual compartment in a columbarium for the entombment of cremated human remains;
12. "Interment Rights Certificate" the document issued by Norfolk County to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights.
13. "Interment Rights Holder" any person designated to hold the right to inter human remains in a specified grave/niche.
14. "Marker" means a flat stone set in concrete, raised or flush with the ground, used for the purpose of perpetuating the memory of a deceased person.
15. "Monument" means and includes a base, bevelled stone or die projecting above the ground level, placed on a Cemetery grave or plot for the purpose of perpetuating the memory of a deceased person.
16. "Plaque/name plate" means an attachment to the door of a niche for the purpose of perpetuating the memory of a deceased person;
17. "Plot" means two or more graves in which the rights to inter have been sold as a unit;
18. "Preferred Grave" means a single grave or double, four or six grave plot which allows the establishment of a flowerbed as defined within this By-law.
19. "Non-Preferred Grave" means a single grave or double, four or six grave plot which does not allow the establishment of a flowerbed as defined within this By-law.
20. "Non-Resident" means any person who resides beyond the corporate limits of the Corporation of Norfolk County, and whose name does not appear on the last revised assessment roll.
21. "Resident" means any person who resides within the corporate limits of the Corporation of Norfolk County; or any person who resides beyond the corporate limits, but whose name appears on the last revised assessment roll as a property owner, or who is assessed for business tax.
22. "Superintendent" means the Superintendent of the Cemeteries Division, or his/her designate.

1.2 Appointments

Council shall appoint a Superintendent of Cemeteries and designate(s), as required.

1.3 Duties

The Superintendent of Cemeteries and/or their designate(s) shall perform the following duties:

• observe and carry out all the provisions of this By-law and the Act;
• attend to the regular and proper administration, maintenance and operation of the Cemetery;
• perform such other duties as Council may assign from time to time as required.

2.1 Entry - limitations

No person shall enter the Cemetery except through an established gate, nor shall they enter or be within any Cemetery grounds before one-half hour after sunrise or after one-half hour before sundown. Police Constables and County staff are exempted.

No person or persons under 16 years of age shall enter the Cemetery unless attended by an adult or adults responsible for his/her conduct or until permission to enter has been obtained by the Cemetery Division Office.

2.2 Gratuities - prohibited

No gratuities shall at any time be given to an employee of the County, nor shall any reward be given for any personal service or attention.

2.3 Bicycles - restricted

Bicycles shall be permitted only on Cemetery roads. Bicycle racing, or racing of any kind is not permitted in the Cemetery.

2.4 Skateboards - restricted

Skateboards shall be prohibited within the Cemetery.

2.5 Recreational vehicles - restricted

No all-terrain vehicles, snowmobiles or other unlicensed recreational vehicles, with exception of electric e-bikes or scooters, shall be permitted on Cemetery property.

2.6 Dogs/animals - restricted

No person shall permit any animal, domesticated or otherwise, with the noted exception below, to enter or remain in the Cemetery.

No person shall permit any dog to enter the Cemetery if not under the care and control of the owner, including being properly secured by a leash.

No person shall permit any dog to defecate on a grave or plot.

Every person who is in control of any dog within the Cemetery shall remove forthwith and dispose of any excrement left within the Cemetery by said dog.

2.7 Alcoholic beverages - prohibited

No person shall bring any alcoholic beverage upon Cemetery property.

2.8 Damage

No person shall:

1. damage any marker, monument, or structure within the Cemetery;
2. damage any tree, shrub, plant or flowers, be they private or public property, within the limits of the Cemetery;
3. damage any fence, railing or gate used for the protection of the Cemetery;
4. discharge any firearms on Cemetery property, without the consent of the Superintendent;
5. disturb any person or persons assembled for the interment of any other person;
6. create a disturbance, commit a nuisance or behave in an unmannerly fashion in the Cemetery at any time.

2.9 Debris

No person shall deposit rubbish on the grounds of the Cemetery except in the receptacles provided.

2.10 Soliciting

No person shall solicit work of any kind in the Cemetery.

2.11 Cemetery operations

Only those persons authorized by the Superintendent may perform interment services, mark out graves, install monument foundations or install monuments or markers within the Cemetery.

The Cemetery 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.

2.12 Unauthorized work

Any person undertaking work within the Cemetery:

1. without the permission of the Superintendent, or designate;
2. unauthorized by this By-law; ,
3. in violation to this By-law

will be verbally ordered, followed by written notification, to stop all work within the Cemetery property.

2.13 Unsafe works

Any person working in such a manner that will pose a risk to the health and safety of the public or County staff will be ordered, will be verbally ordered, followed by written notification, to stop all work within the Cemetery property.

All works undertaken will be amended or removed if suitable repairs are not implemented.

2.14 Vehicular traffic

No person driving a vehicle in a Cemetery shall:

1. leave the travelled portion of the road;
2. exceed a speed of 20 km per hour;
3. park in a designated "no parking" area;
4. stop within a designated "no stopping" area; ,
5. leave their vehicle unattended for more than 8 hours.

2.15 Columbarium regulations:

1. All By-laws of Oakwood Cemetery shall apply to the Columbarium as far as the nature of the situation permits;
2. Except at the time of interment and on Decoration Day, no floral tributes will be permitted. Flowers and wreaths placed against or near any part of the Columbarium that are liable to stain or deface the structure, will be removed;
3. No ornaments of any kind will be permitted on or near the Columbarium;
4. There should be no attachments, or placements of decoration on the columbarium, inside or outside units;
5. There will be a maximum of 2 (two) urn placements only, in a columbarium niche;
6. Payment must be made to the cemetery operator before an interment may take place;
7. Only the cemetery operator may open and seal niches for interments. This applies to the inside sealer and the niche front;
8. To maintain uniformity of the Columbarium, only the plaque included in the purchase of the niche will be permitted;
9. No person other than cemetery staff shall remove or alter niche fronts or name plates;
10. Urns or containers must be appropriate size to fit within the purchased niche.

2.16 Encroachment:

Without written consent from Superintendent or designate, no person shall encroach upon or take possession of the cemetery or part thereof by any means whatsoever, including but not limited to:

1. the construction, installation or maintenance of any fence or structure;
2. leave, deposit, store or dump any waste or plant material of any kind what so ever;
3. store, maintain, wash, repair or construct a vehicle of any description, trailer, building, structure, fence or playground equipment;
4. remove, destroy or construct any new pavement, sidewalk, crosswalk, trail, grass plot or roadway or any part thereof without written consent from Superintendent or designate;

3.1 Cemetery fee schedule

The purchase price of interment rights shall be set forth in a Cemetery Fee Schedule.

3.2 Perpetual care and maintenance

A perpetual care and maintenance fee shall be charged in accordance with the Act, and shall be set out in the Cemetery Fee Schedule.

3.3 Payments - cemetery office

All payments shall be made to Norfolk County at the Community Services Department.

3.4 Payments - instalments

Graves/niche may be purchased through instalment payments over a one year basis. A non-refundable deposit equivalent to the perpetual care and maintenance fee as set out in the Cemetery Fee Schedule per grave/niche shall be made.

The instalments are to be arranged so that the full purchase price will be completed within one year from the date of purchase.

3.5 Certificate of interment rights

A Certificate of Interment Rights shall specify;

1. name and location of the cemetery,
2. name or names of the interment rights holder(s),
3. the date the interment rights were purchased or transferred,
4. the amount paid by the purchaser for the interment rights,
5. a statement whether any restrictions or obligations exist with respect to the installation of monuments or markers including what the restrictions or obligations are, or reference to the respective cemetery by-law,
6. grave, niche or plot area and dimensions,
7. location number assigned to the grave, niche and or plot, and the amount set aside for perpetual care purposes with the authorized Trustee.

Purchasers of interment rights acquire only the right to direct the burial of human remains and the installation of a monument, a marker and maintain a flowerbed if such is permitted and is in accordance with the provisions of this By-law at any time after receiving a Certificate of Interment Rights from the County.

The purchase of interment rights is not a purchase of real estate or real property.

3.6 Payment - certificate of interment rights

No Certificate of Interment Rights shall be issued until sixty (60) days after payment has been received in full.

3.7 Non-resident - surcharge

A surcharge shall be levied against any non-resident of the County, as set out in the Cemetery Fee Schedule.

3.8 Non-resident - purchases

1. No resident shall be permitted to purchase interment rights for or on behalf of a non-resident unless the said resident shall have first paid the difference between the resident and non-resident rates as set out in the Cemetery Fee Schedule.
2. Paragraph (a) shall not apply to the owner's spouse, a child under the age of eighteen years, or a dependent child over the age of eighteen.

3.9 Minors

A minor is not permitted to purchase interment rights in his/her own name unless he/she is the head of his/her family.

4.1 Transfers

The interment rights holder may transfer interment rights to another party provided no monies are exchanged.

Such rights are transferable by the interment rights holder through the making of an application to the Parks and Recreation Operations Clerk indicating the intention and providing all particulars of the proposed transfer.

To ensure the correctness of record ownership and interments, no transfer of any grave/niche nor any interest therein shall be binding until notice in writing has been given to the County, specifying the name, address and contact or other description of the proposed transferee.

A transfer can only be processed if there is no indebtedness against the plot or niche.

4.2 Transfers - certificate of interment rights

Upon the transfer of interment rights pursuant to Article 4.1, all documents pertaining to the original sale, including the Certificate of Interment Rights must be returned to the County for cancellation.
In cases of transfers where such documentation cannot be produced, the County reserves the right to require the production of a copy of the estates will or other notarized evidence to prove ownership.
The County will prepare and issue a new Certificate of Interment Rights, following the procedure set forth herein for an original sale of interment rights.

4.3 Transfers -fee

An administrative fee will be charged for the transfer of interment rights pursuant to this Article, as set out in the Cemetery Fee Schedule.

4.4 Resale of interment rights

The County will not repurchase any interment right.
An Interment Rights holder can sell the Interment Rights to a third party purchaser provided the Interment Rights holder has paid the prescribed administrative fee for written verification from the Superintendent which confirms that the person selling the Interment Rights are the person(s) registered on the cemetery records and that they have the right to sell the Interment Rights to the third party.

An Interment Rights holder is prohibited from selling the Right to a third party for more than the current market value of an equivalent Right within the Cemetery.

The Interment Rights holder must ensure that the Interment Rights Certificate is endorsed by the current Rights Holder.

Where the sale involves Interment Rights, a written statement of the number of graves/niches that have been used in the plot and the number of lots that remain available, shall be provided to the third party.

The Interment Rights holder shall disclose in writing to the third party the total monies owing to the County in respect to the Interment Rights.

The Interment Rights holder shall use the form prescribed by the County when selling the Interment Rights to a third party. Within thirty (30) days of the sale a copy of this completed form with the prescribed resale transfer administrative fee and the endorsed certificate must be submitted to the County in order to issue a new Interment Rights Certificate and register the sale on the cemetery records.

4.5 Exchange

An interment rights holder may exchange a plot, niche or single grave for another within the Cemetery, at the discretion of the Superintendent, any time before a burial takes place.

4.6 Exchange - certificate of interment rights

Upon the exchange of the interment rights pursuant to Article 4.5, all documents pertaining to the original sale, including the Certificate of Interment Rights must be returned to the County for cancellation.

In cases of exchanges where such documentation cannot be produced, the County reserves the right to require the production of a copy of the Will or other notarized evidence to prove ownership.
The County will prepare and issue a new Certificate of Interment Rights, following the procedure set forth in this By-law for an original sale of interment rights.

4.7 Exchange - fee

An administrative fee will be charged for the exchange of interment rights pursuant to this Article, as set out in the Cemetery Fee Schedule.

4.8 Cancellation of interment rights within 30 day cooling off

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 Superintendent or their designate.

Norfolk County will refund all monies paid by the purchaser within thirty
(30) days from the date of the request of cancellation.

4.9 Cancellation of interment rights after 30 day cooling off

Upon receiving written notice from the purchaser of the interment rights, Norfolk County may cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights, less the appropriate amount that is required to be deposited into the Perpetual Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said written notice. If the Interment Rights Certificate has been issued to the interment rights holder, the certificate must be returned to the Superintendent or their designate along with the written notice of cancellation.

If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder are not entitled to cancel the contract or re-sell the interment rights, and therefore will not be entitled to a refund.

5.1 Burial permit - cremation certificate required

No interment shall take place without a Burial Permit or a Cremation Certificate, as is applicable, nor until the person making the arrangements for the interment has complied with all laws, rules and regulations relative to burials.

5.2 Interments - contract information

In each case of interment, a written contract giving;

1. the name of the purchaser of the interment services, their relationship to the deceased and contact information
2. the name of the deceased,
3. last residence (with street address, if any),
4. date of birth and place of birth,
5. date of death and place of death,
6. time of interment,
7. in what grave/niche is the interment to occur,
8. the name of the funeral director(s),
9. the type of outer container to be used, if applicable,
10. the outside dimensions of the container or urn

must be furnished, so that an accurate register may be kept.

Precise and proper instruction shall be given regarding the location of every burial, as Norfolk County cannot be held responsible for any errors resulting from wrongful, or lack of, specific information.

5.3 Interment - fee

A fee will be charged for interments pursuant to this Article, as set out in the Cemetery Fee Schedule.

5.4 Interments - conditions precedent

The Superintendent shall not make any interment unless and until the person or persons ordering same shall first exhibit:

1. a signed contract respecting the purchase of the interment rights and the authorization to proceed with the interment;
2. an Interment Rights Certificate or deed indicating the party is the rightful owner of the interment

rights for which the interment activity is requested.

5.5 Interments - documentation

In those circumstances where the party requesting the interment activity is unable to provide evidence of ownership, the Superintendent shall require:

1. the production of a copy of the estate's will or other notarized evidence to prove ownership.

5.6 Interments - requirements

Persons contracting for interment rights or services and/or making arrangements for burials shall:

1. comply with all laws, rules and regulations relative to burials;
2. be responsible for all incurred fees and charges, which must be received by the Superintendent or his/her designate before an interment service takes place;
3. give notice of not less than twelve (12) business hours when the opening of a grave/niche is required for a proposed interment; and,
4. arrange the time of the funeral in order for the interment to be completed by 3:00 pm, failing which, an additional charge will apply, as set out in the Cemetery Fee Schedule.

5.7 Funerals - conditions

All funerals within the said Cemetery shall be under the jurisdiction of the Superintendent or his/her designate.

No funeral service shall be held and no interment shall be made in the said Cemetery on New Year's Day, Good Friday, Easter Sunday, or Christmas Day, unless ordered by the Medical Officer of Health or designate(s). An additional charge, as set out in the Cemetery Fee Schedule, will apply for interments held on any other legal holiday recognized by the County, or on a Saturday or Sunday.

5.8 Funerals - staff

1. A representative of the County shall be in attendance at each interment;
2. A representative of the County shall have the authority to direct the route and conduct of funeral processions within the grounds. They shall have the right to restrict the number and kind of vehicles allowed on the roads;
3. All County staff shall cease work in the immediate vicinity of a funeral, until after the conclusion of the service;
4. If the cemetery staff is requested to assist as pallbearers, advance notice must be given prior to the funeral, which includes the number of staff required.

5.9 Funerals - services

Funeral processions shall be granted access to the Cemetery on a first come first-served basis.
Conflicting funeral processions are required to:

1. respect ongoing services until completion;
2. discuss with the Superintendent or designate the arrangement for accommodation of all parties, prior to the interment.

5.10 Location of graves - errors

Neither the County nor the Superintendent or County staff shall assume any responsibility for errors in the location of an interment site that is a result of improper instructions by the interment rights holder or his/her designate.

The County reserves the right, at its cost, to correct any error that may be made by it in making interments, in the description of the grave/niche or the transfer or conveyance of any interment rights.

The County may either cancel such interment rights certificate and substitute other interment rights, niche or grave, of equal value and similar location, as far as is reasonably possible; or refund all money paid on account for such purchase.

Notice will be given personally to the interment rights owner(s). If necessary, it may be mailed to the rights owner(s) or their legal representatives, at their last appearing address in the record books of the County.

In the event any such error may involve disinterment of remains, the County shall first obtain the approval of the interment rights holder, as well as the applicable regulatory authority.

5.11 Interments equipment - Vaults

No interment equipment, except that provided by the County shall be used.

Where a vault or outer container is to be used it is to be installed by a supplier who shall use their own equipment. An outer case/vault/liner must be installed at least two (2) hours before the interment service takes place. The supplier shall be responsible for any damage to the grounds or casket, which was caused due to the supplier's equipment or operator error.

5.12 Multiple interments - Limitations

1. Only one (1) full burial per grave is allowed;
2. up to six (6) cremains may be interred on top of an already existing full body burial, provided space is available;
3. up to four (4) cremains may be interred in a cremain plot;
4. extra depth or double depth burials are not permitted;
5. cremain interments are not permitted on top of an infant grave;
6. a 60.96 cm x 30.48 cm (24" x 12") infant container may be buried at the head end of a single grave in which a casket containing human remains has been buried, provided space is available;
7. Up to two (2) cremains per niche.

5.13 Interments - Depth

Each grave shall be of sufficient depth to give a covering of at least 2 feet (0.61 metres) of earth over the outside cover or shell of the coffin or other receptacle.

5.14 Elevated mounds

No elevated mounds shall be built over graves and no grave shall be filled above the grade established for the Cemetery, except temporarily by County staff, for maintenance reasons.