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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1634
CEMETERY BYLAW
Consolidated to 1634C - February 10th, 2026
TOWN OF CARDSTON
BYLAW 1634
PAGE 1 OF 14
Table of Contents
TITLE ..................................................................................................................... 2
DEFINITIONS ......................................................................................................... 2
GENERAL PROVISIONS .......................................................................................... 4
OPERATION AND MAINTENANCE .......................................................................... 5
DUTIES OF CAO ..................................................................................................... 6
PERPETUAL CARE ................................................................................................. 6
BURIALS, INTERMENTS, INURNMENTS, DISINTERMENT ...................................... 6
RESERVATIONS ..................................................................................................... 9
PUBLIC ACCESS .................................................................................................... 10
HEADSTONES AND MONUMENTS ......................................................................... 10
INHERITANCE ........................................................................................................ 11
VETERANS ............................................................................................................. 12
PENALTIES ............................................................................................................ 12
REPEAL BYLAWS ................................................................................................... 13
TOWN OF CARDSTON
BYLAW 1634
PAGE 2 OF 14
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1634
CEMETERY BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO REGULATE ITS
CEMETERY
WHEREAS, the Cemeteries Act, R. S. A. 2000, Chapter C-3 provides that the Council of the
Town of Cardston may authorize the purchase, maintenance and control of cemeteries;
NOW THEREFORE, the Council of the Town of Cardston, in the Province of Alberta, duly
assembled, enacts the following:
TITLE
1) This bylaw shall be known as the Cemetery Bylaw
DEFINITIONS
2) In this bylaw:
(a) "Adult" means any person eight (8) years of age or over.
(b) "Babyland" means that section of the Cemetery set aside
for infants 1 year of age and under.
(c) "Block" means a subdivision within a Cemetery which
contains lots and plots.
(d) "Burial" means the interment of human remains or
cremated human remains in an earth plot.
(e) "Burial Permit" means a burial permit issued under the
Vital Statistics Act.
(f) "CAO" means the Chief Administrative Office of the Town.
(g) "Cemetery" means the present cemetery of the Town of
Cardston.
(h) "Cemetery Caretaker" means the person assigned by the
CAO, or under contract to the Town, to be the principal
person charged with carrying out the various tasks required
in the Cemetery including lawn cutting, grave opening,
headstone relocation, etc.
(i) "Child" means an individual over the age of two (2) years
and under the age eight (8) years of age.
(j) "Concrete Liner" means an external liner made of concrete
TOWN OF CARDSTON
BYLAW 1634
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that protects a casket after it is buried.
(k) "Disinterment" means exhumation or removal of human
remains or cremated human remains from a grave or out of
the ground;
(l) "Foundation" means a permanent support providing a base
for a monument.
(m) "Grave" means a plot that has been opened or used as a
place of burial; an opening dug in a burial plot for the
purpose of the interment of human remains.
(n) "Headstone" means a stone marker set at the head of a
grave; gravestone.
(o) "Holiday" means all general holidays proclaimed by the
Town of Cardston, the Province of Alberta or the
Government of Canada.
(p) "Immediate Family" means spouse, mother, father, brother,
sister, son, or daughter of the owner of a plot.
(q) "Infant" means an individual less than 2 years of age.
(r) "Interment" see Burial.
(s) "Leash" means a chain or other material capable of
restraining the animal to which it is attached.
(t) "Lot" means a set of subdivisions within a Block of the
Cemetery containing a number of Plots.
(u) "Memorial" means any object or structure within the
cemetery upon which a memorial marker may be placed,
including a memorial wall, a bench, a tree, a boulder, etc.
(v) "Monument" means a structure in a cemetery placed or
constructed on a plot for the purpose of memorializing the
individual(s) buried in the plot.
(w) "Non-Resident" means
i. a person who has never lived in Cardston;
ii. whose immediate family including Grandparents have
never lived in Cardston; or
iii. who does not have any immediate family, including
Grandparents, interred in the Cardston Cemetery.
(x) "Owner" means the Town of Cardston.
(y) "Pedestrian" means a person travelling on foot, and
includes any person on roller skates, roller blades,
skateboards, longboards, crutches, motorized scooters,
TOWN OF CARDSTON
BYLAW 1634
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mobility devices, bicycle, or other similar devices.
(z) "Perpetual Care" means the leveling and seeding of plots
and grave surfaces, leveling and re-seeding when necessary,
cultivation as may be necessary in connection with such
seeding and re-seeding, seasonal cutting of grass and weeds,
keeping lots in neat condition and of good appearance,
maintenance of columbarium.
i. "Perpetual Care" does not mean the care, maintenance,
upkeep, repair, or replacement of any monument, plaque,
or similar object placed in the Cemetery with Town
approval.
(aa) "Plot" means a subdivision within a Lot of the Cemetery,
to be used for Burial of human remains or cremated human
remains.
(bb) "Preneed Plots" means plots that are purchased prior to
the death of the individual intended to occupy them.
(cc) "Reservation" means that a plot has not been purchased by
the one making the reservation, but that the Town agrees
not to sell the plot to anyone else for a period of time.
(dd) "Resident" means
i. a person who is living or has lived in Cardston;
ii. whose immediate family including Grandparents are
living or have lived in Cardston; or
iii. whose immediate family including Grandparents are
interred in the Cardston Cemetery.
(ee) "Rights Holder" means the legal owner of a plot.
(ff) "Town" will mean the Municipality or Town of Cardston.
(gg) "Vehicle" means a conveyance device used for
transporting passengers or things by land and includes, but
is not limited to, cars, trucks, vans, wagons, and carriages.
(hh) "Veteran" means a former member of the Canadian Armed
Forces as determined by the Department of Veteran's
Affairs Canada.
GENERAL
PROVISIONS
3) No person will bury a human body within the limits of the
Town except in the Cemetery in accordance with the provisions
of this bylaw.
4) The Town Cemetery is solely for the purpose of the burial of
dead human remains and for the memorialization of dead
TOWN OF CARDSTON
BYLAW 1634
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humans.
5) The Town accepts no responsibility for any error or
misunderstanding that may arise from burial arrangements made
by phone.
OPERATION AND
MAINTENANCE
6) The Town will not be responsible for replacing, repairing, or
making good anything damaged or destroyed by earthquake,
lightning, cyclone, or defect in manufacture or any other thing
over which the Town has no control.
7) No shrub, tree, or bush will be planted in the cemetery without
proper written consent of the Owner.
(a) The Cemetery Owner reserves the right to remove from any
grave or plot any tree, tree branches or roots that may
become detrimental, dangerous or unsightly.
(b) The Cemetery Owner will not be responsible for any shrub,
tree, or bush that is planted in the Cemetery with or without
consent from the Cemetery Owner, and will not be
responsible for replacing, pruning, maintaining, or making
good anything damaged or destroyed by natural disaster or
by vandalism or any other thing over which the Town has
no control.
8) The Cemetery Caretaker will have the authority and power to
remove any monument, headstone, inscription, or other
structure determined by the Town to be improper or offensive to
good taste.
(a) Any costs incurred will be charged against the Rights
Holder.
9) No heavily loaded Vehicle will be permitted to enter the
cemetery when or if the Cemetery Caretaker thinks it might
damage the roads or paths.
10) The surface of Plots may not be raised above the height of the
surrounding ground.
(a) The cost of bringing the surface of a raised Plot down to the
level of the surrounding ground will be charged to the
Rights Holder.
11) All flowers and other appropriate amenities must be placed on
the headstone or headstone base.
(a) Only real flowers will be allowed during the period of April
1 to September 30.
(b) Plastic flowers may be placed on headstones or headstone
bases between October 1 and March 31. The Cemetery
TOWN OF CARDSTON
BYLAW 1634
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Caretaker will each spring remove all plastic flowers on
April 1.
(c) No glass vases or glass jars will be allowed.
12) Since, at the time of burial, there are no headstones or headstone
bases on the grave, floral tributes may be left on or near the
grave until they are wilted, or for a week in the case of artificial
flowers. Flower arrangements will then be removed without
notice by the Cemetery Caretaker.
13) One week after major Holidays, all seasonal decorations will be
removed.
14) No form of advertising matter will be allowed to be displayed in
any part of the Cemetery.
15) All repairs are to be done by the Cemetery Caretaker.
16) If outside contractors move heavy materials or equipment over
lots and paths, they must use planks or wood to protect the lots.
(a) Any damage done to a marker or monument will be the
responsibility of the outside contractor.
DUTIES OF CAO
17) The CAO of the Town or their designate is authorized to
execute all deeds, conveyances and endowment certificates.
(a) All deeds, conveyances and certificates will be made in
duplicate and one of such duplicates will be kept on file by
the Municipality.
(b) The Municipality will keep a register of all plots sold.
PERPETUAL
CARE
18) The purchase cost of all graves shall include the cost of
Perpetual Care as laid out in Schedule A.
BURIALS,
INTERMENTS,
INURNMENTS,
DISINTERMENT
19) All graves must be opened and closed by the employees or
contractors of the Town of Cardston and will conform to
Provincial standards.
(a) Town machinery and employees will be utilized first to
open or close graves. If Town machinery and employees are
not available, the Cemetery Caretaker will be compensated
for the use of his own machinery to open or close graves.
20) The Town may request proof of purchase to identify the plot or
prove the right to use the plot.
21) No person will be interred in the cemetery without giving
TOWN OF CARDSTON
BYLAW 1634
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sufficient notice to the Town of Cardston.
(a) Notice is considered sufficient if there are a minimum of
two business days (Monday through Friday) between the
time of notice, and the time of internment, not including the
day the notice is given, or the day of internment.
22) Interment times during the months of December and January
will not be allowed later than 4:00 p.m. due to insufficient
daylight hours.
23) If, under extreme or adverse weather conditions, more time is
required to prepare burial sites, the Town will notify the parties
involved of the extra time required, and this extra time will
remain in effect until further notice.
24) No burial or funeral service will be permitted in the Cemetery
on a Sunday or Holiday except by applying for and receiving
special permission from the CAO not less than 16 working
hours prior to the proposed burial date.
25) No burial, placement of cremated remains or disinterment will
take place in the Cemetery unless and until there is produced
and shown to the Town the following documents:
(a) Burial Permit or Disinterment Permit issued by the proper
official of the appropriate Province or State.
(b) A completed contract for burial or disinterment which is
signed by the Rights Owner and the CAO or their designate
disclosing the following particulars:
i. Name of the Deceased Person,
ii. Last known residence of the deceased,
iii. Block, Lot and plot numbers,
iv. Date of death,
v. Day and date of burial/disinterment,
vi. Arrival time at Cemetery,
vii. Sex of deceased,
viii. Date of birth of deceased,
ix. Name of firm and individual making arrangements,
x. Name and address of plot owner or personal
representative,
xi. Owner of burial rights or his/her personal
representative making arrangements, and signature,
xii. The service number of a veteran/ and if required the
TOWN OF CARDSTON
BYLAW 1634
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service number of a Veteran spouse.
xiii. Acknowledging receipt of payment in full for all fees
and charges, or approval of credit by the CAO for
work to be done at the expense of the Town
26) Funeral Directors must close the casket or coffin and fasten it
securely before it is lowered into the ground.
27) No disinterment will be allowed in any plot, or body removed
from a plot, without the written order of the Town.
(a) No such written order of the Town will be issued until
proper permit has been submitted to the Municipality from
the Department of Vital Statistics of the Province of
Alberta.
28) Concrete liners must be used with all burials.
29) The Town accepts no responsibility for a burial site not
prepared due to the late arrival of a concrete liner or vault.
30) No persons will accept any fee or reward for a burial or the
resale of burial rights in a plot of which such a person is the
owner of the contract for burial rights, or over which they
exercise any power or control.
31) The Town will not be responsible for the condition of cremated
remains or the container of the cremated remains if a Concrete
Liner was not used at the time of interment.
32) All cremated remains must be buried.
(a) There will be no scattering of cremated remains on
individual plots or common areas.
33) Multiple burials in plots:
(a) No more than one adult body will be buried in a single
grave.
(b) An infant or child may be placed in the same plot as an
interred adult upon approval of the Cemetery Caretaker,
Municipal CAO, or their designate.
(c) A maximum of ten (10) cremations will be permitted in an
empty, full size 10 foot plot.
(d) A maximum of eight (8) cremations will be permitted in an
empty, full size 8 foot plot.
(e) A maximum of two (2) cremations will be permitted in a
plot with an interred person.
34) Salutes involving the discharge of firearms will be permitted
TOWN OF CARDSTON
BYLAW 1634
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only for military funerals and provided that the CAO or their
designate is notified in advance and permission is obtained from
the officer in charge of the Cardston RCMP Detachment.
35) No Rights Owner of plot shall subdivide, resell, transfer, or
permit the burial of anyone except their immediate family
without the consent of the CAO or their designate.
36) A contract for the purchase of burial rights in plots, or the
rights to memorialize on Town-owned monuments or
memorial wall, must:
(a) be in writing;
(b) be signed by the purchaser and the CAO or their
designate;
(c) state the name of the salesperson or the name of any
Funeral Home for whom the salesperson is acting;
(d) state the full name of the person the space is reserved for;
and
(e) contain a clause of the right to cancel by the purchaser or
Town, and the notice must be at least as prominent as the
contents of the contract.
37) All persons who purchase Plots in the Cemetery will be
responsible for the associated costs and for all the charges
incurred now and in the future.
38) Preneed Plots will not be held under a general family name
unless a written agreement is signed by the current Rights
Holder and the CAO or their designate stating, in plain terms,
the manner in which the plots will be assigned to particular
family members.
39) Rights Holders may cancel Preneed Plot contracts without
charge or penalty at any time during the thirty (30) consecutive
days from the date of the purchase.
(a) After the thirty (30) day cancellation period is over, the
Town will purchase the space back from the owner for
75% of the current purchase cost.
RESERVATIONS
40) Cemetery Plots may be reserved for one (1) year. During this
period the space will not be offered for sale or sold to any other
person.
(a) A space may be held longer than one (1) year if a date is
set and agreed upon by the customer and the Town at time
of reservation.
TOWN OF CARDSTON
BYLAW 1634
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41) After the expiration of a year from the date a Plot was
reserved, the Plot may be sold to another interested party,
without prior notice, if
(a) No payment has been made towards the Reserved Plot's
purchase within the reservation period, and
(b) The person who Reserved the Plot has not received an
extension from the Town.
PUBLIC ACCESS
42) Pedestrians may have access to the public walks and grounds
of the Cemetery any day from sunrise to sunset, but must
observe the regulations in this bylaw.
43) No person, without the permission of the Town will be or
remain within the Cemetery during the hours of darkness in
any day.
44) The Town will not be held responsible for any injury resulting
to any person who enters the Cemetery.
45) No picnic, parties, or gatherings, except for funerals or related
ceremonies or observances permitted by the Town, will be held
or be allowed within the Cemetery.
46) The Cemetery does not assume any liability for decorations
placed at burial sites.
HEADSTONES
AND MONUMENTS
47) No headstone, monument or marker may be placed in the
cemetery without the location being first marked by the
Cemetery Caretaker and the appropriate permit being obtained.
48) All headstones, monuments and markers must be set on or in a
foundation which is lawn level and extends a minimum of four
inches on each side from the headstone or any permanent vase.
(a) The foundation must be a minimum of three and a half
inches thick.
49) Maximum dimensions for a Monument are 48 inches length by
28 inches width for a single grave and 96 inches length by 28
inches width for a double grave.
(a) Maximum height for any monument is 36 inches.
i. Exceptions will be made for any veteran monuments that
are installed by the Last Post Fund.
50) Headstones must be placed within the plot(s) containing the
graves they mark. Headstones are to be centered at the West or
head end of the plot(s).
(a) When a double headstone is placed to mark graves, one of
TOWN OF CARDSTON
BYLAW 1634
PAGE 11 OF 14
which is unoccupied, the headstone should be placed, if
possible, over the occupied grave, and centered after both
graves are occupied.
i. Section 50.a does not apply if the Plots are 10 feet or
more long.
51) All headstones, monuments, and markers must be placed at the
head (west) end of the plot unless they are to mark a secondary
burial.
52) Headstones marking infant graves in Babyland:
(a) Must be set on a foundation which is lawn level and extends
a minimum of four inches on each side from the headstone.
(b) The foundation must be a minimum of three and one half
inches thick.
(c) The maximum dimensions for a foundation in Babyland are
26 inches by 18 inches.
(d) The maximum dimensions for a headstone placed on an
infant grave in Babyland are 17 inches by 12 inches.
(e) The maximum height is 4 inches.
53) Headstones marking secondary burials for child or infant
graves, cremation ashes, etc. where there is already a headstone
placed at the head (west) end of the plot must be placed at the
base of the existing headstone and must be lawn level.
(a) A maximum of two (2) secondary headstones may be placed
on plot.
54) Temporary markers supplied by the funeral home will be
removed after one (1) year from time of burial.
55) Potted plants and artificial flowers will be allowed on lots
provided they are totally contained and secured in a permanent
vase that is part of the monument.
56) Vases must be constructed of non-breakable material and are to
be affixed and make up part of the monument.
57) If a preneed headstone needs to be moved to prepare a plot for
burial, the Rights Owner will pay an additional $50.00 to cover
the work of moving the marker.
INHERITANCE
58) When the Rights Holder of a plot dies, the burial rights will
pass to the Executor of their estate, who will then be the Rights
Holder.
(a) Before the Executor can obtain registration of their
TOWN OF CARDSTON
BYLAW 1634
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interest to the burial rights, the Town requires proof of
their right to such interest.
VETERANS
59) Confirmation of eligibility for burial in the Field of Honour
Section allocated to a member of the Canadian Armed Forces
is required on contract for the cemetery services by the Royal
Canadian Legion.
60) The Town may set apart a portion or portions of the Cemetery
as a Soldiers' Section for the burial of any person who has
been in active service with the Armed Forces of Her Majesty's
Allies.
61) Traditional casket burial of a non-veteran spouse may be
permitted through confirmation from the Royal Canadian
Legion.
PENALTIES
62) A person who does any of the following is guilty of an offense,
as per the Cemetery Act:
(a) Destroys, mutilates, defaces, injures, or removes any
monument, gravestone or other structure placed in the
Cemetery;
(b) Destroys, cuts, breaks, injures, or removes any tree shrub
or plant in the Cemetery without the permission of the
Cemetery Caretaker;
(c) Damages the roads, paths, or plots in the Cemetery;
(d) Encloses any Plot, Lot, or Block of the Cemetery without
the approval of the Town;
(e) Raises the surface of a Plot above the height of the
surrounding ground;
(f) Plays any game or sport in the Cemetery;
(g) Enters the Cemetery with firearms or discharges firearms
in the Cemetery, except at a funeral for Armed Forces
Personnel with the written permission of the Cardston
RCMP Detachment Commander;
(h) Disturbs persons assembled for the purpose of burying a
body in the Cemetery; or
(i) Commits a nuisance in the Cemetery; or
63) Any person who does the following is guilty of an offence, and
shall be fined and dealt with in accordance with the appropriate
Bylaw of the Town of Cardston:
TOWN OF CARDSTON
BYLAW 1634
PAGE 13 OF 14
This Bylaw comes into force on the day it is finally passed.
Received First Reading this 14th day of July, 2015
Received Second Reading this 11th day of July, 2015
Received Third & Final Reading this 11th day of July, 2015
Signed by the Mayor and the Chief Administrative Officer this 13th day of August, 2015
Amended by bylaw 1634A on this 9th day of June, 2019
Amended by bylaw 1634B on this 27th day of February, 2024
Amended by bylaw 1634C on this 10th day of February, 2026
(a) Allows domestic or farm animals to roam uncontrolled in
the Cemetery.
REPEAL BYLAWS
64) Bylaw #1486 is hereby repealed.
SCHEDULE "A"
TOWN OF CARDSTON
BYLAW 1634
PAGE 1 OF 14
RATES AND FEES
Resident
Non-Resident
Opening & Closing of a Grave
$450.00
$900.00
a baby in a regular plot
$275.00
$490.00
a baby in babyland
$0.00
$275.00
Purchase of a Plot
$250.00
$500.00
in babyland
$0.00
$250.00
Perpetual Care
$450.00
$900.00
Cremation Opening and Closing
$100.00
$200.00
Permit Fee
$25.00
$25.00