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Town of Lake Cowichan Cemetery & Columbarium Bylaw
No 1008-2018
TOWN OF LAKE COWICHAN
COLUMBARIUM BYLAW NO. 1008-2018
A Bylaw to operate and maintain the Town of Lake Cowichan Columbarium Facility
WHEREAS the Cremation, Interment and Funeral Services Act states that Council may
establish a bylaw to regulate, maintain, and operate municipal cemeteries and columbaria;
AND WHEREAS theCremation, Interment and Funeral Services Act states that Council may, by
bylaw establish an area to be used in perpetuity as a municipal cemetery and columbarium;
NOW THEREFORE the Council of the Town of Lake Cowichan in open meeting assembled
enacts the following:
1. TITLE
This bylaw may be cited for all purposes as the "Town of Lake Cowichan Columbarium
Bylaw No. 1008-2018".
2. DEFINITIONS
a) "AUTHORIZED PERSON" means the person appointed by the Chief Administrative
Officer to carry out any act or function under this Bylaw;
b) "CARE FACILITY" means an assisted living facility or community care facility as
defined by the Community Care and Assisted Living Act, as may be amended from
time to time;
c) CARE FUND" means "care fund" as defined in the Act and specifically for the
Cemeteries operated by the Town of Lake Cowichan;
d) "LOT" means a discrete space used, or intended to be used in a Cemetery, for the
Interment of Cremated Remains and includes a Niche; and
e) "NICHE" means one designated space in the columbarium.
3. ESTABLISHMENT OF CEMETERY
a) The land described below is set aside in perpetuity for the Municipal Cemetery:
Lot A Plan VIP 16660, Renfrew District
4. ESTABLISHMENT OF BOARD OF TRUSTEES
a) The Council of the Town of Lake Cowichan shall serve as the Board of Trustees for
the Cemetery.
5. ESTABLISHMENT OF CEMETERY CARE FUND
a) The Council of the Town of Lake Cowichan in its role as the Board of Trustees shall
establish a care fund for the care and maintenance of the cemetery pursuant to the
Cremation, Interment and Funeral Services Act, as may be amended from time to
time.
b) All specified fees and charges for the Cemetery Care Fund will be held by the
municipality and invested in accordance with the Cremation, Interment and Funeral
Services Act, as may be amended from time to time, and the regulations under the
Act as they apply to Municipal Cemetery Care funds.
c) The interest and dividend income earned by the Cemetery Care Fund will only be
used for the purpose of paying liabilities of the municipality arising out of the care
and maintenance services provided by any person for the cemetery.
Town of Lake Cowichan Cemetery & Columbarium Bylaw
No 1008-2018
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d) The Financial Officer for the Corporation shall be responsible to ensure
i. that funds are collected and deposited as prescribed by the Act;
ii. that accounting records identify balances pertaining to each Cemetery;
iii. any investment of monies in the Care Fund is permitted under the Act; and
iv. that the Care Fund is, at all times, maintained in accordance with the Act.
6. ORGANIZATION, OPERATION AND MANAGEMENT OF CEMETERY
a) The Authorized Person will be responsible for the following:
i) maintaining all records and files of the cemetery necessary for the administration
and management of the cemetery as required under this Bylaw and the
Cremation, Interment, and funeral Services Act, as may be amended from time
to time;
ii) reviewing and issuing Interment Permits and Exhumation Permits;
iii) upon issuing any Interment Permit or upon receiving authorization for
exhumation from the proper authorities and issuing any Exhumation Permit,
confirming and notifying Municipal Public Works employees of the time of the
intended interment or exhumation, the name of the deceased, the number and
location of the niche and any instructions of the Medical Health Officer, relative
to the interment or exhumation; and
iv) maintaining an accounting of all monies received and expended under this
Bylaw.
b) The following duties and responsibilities will be performed by the Town of Lake
Cowichan:
i) opening and sealing niches;
ii) directing all funerals in the cemetery to the correct columbarium niche;
iii) installing memorials on niches and constructing foundations and bases; and
iv) maintaining the cemetery in a neat and tidy condition, including maintaining
fences, gates, paths, and other improvements.
7. FEES AND CHARGES
a) The fees for niches, interment, exhumation, and all other applicable are set out in
Schedule B of this Bylaw.
8. SALE OF NICHES
a) Upon receipt of the applicable fees and charges, the Authorized person may sell an
unsold niche and must issue an Interment Permit when the applicant completes the
form in Schedule A' Interment and Exhumation Permit' of this Bylaw.
b) A Interment Permit Holder for a niche which has not yet been used may return the
niche to the Town of Lake Cowichan for the amount the Interment Permit Holder
paid for the niche, less any perpetual care reserve fund fees paid, and the Interment
Permit may then be sold to another person.
9. TRANSFER OF NICHES
a) The Interment Permit Holder for a niche, which has not been used, may transfer the
niche to another person, upon providing the Authorized Person the following:
i) full name and address to whom the Interment Permit is being transferred;
ii) the applicable perpetual care reserve fund contribution; and
iii) the Interment Permit issued for the niche space.
Town of Lake Cowichan Cemetery & Columbarium Bylaw
No 1008-2018
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b) Once the Authorized Person receives the necessary information and fees as
described in Section 9 a) of this Bylaw, the Authorized person must cancel the
original Interment Permit and issue a revised Interment Permit in the name of the
transferee and record the transfer in the records of the cemetery.
10. PERMIT TO INTER
a) No human cremated remains will be interred in the cemetery until an Interment
Permit is obtained from the Town of Lake Cowichan and the applicable interment
fees and charges are paid.
b) All applications for an Interment Permit must be made to the authorized person at
least two working days prior to the time of interment and must be made at the
Municipal Office during regular municipal office hours.
c) Any person making an application for an Interment Permit must complete Schedule
A 'Interment Permit and Exhumation Permit' of this Bylaw.
d) Upon the Authorized Person receiving a complete Schedule "A" and the applicable
fees and charges being paid, the authorized Person may issue an Interment Permit.
11. PERMIT TO EXHUME
a) No human cremated remains will be disinterred from the Cemetery unless:
i) the Authorized Person receives a written request to do so from the person who
has the right to control the disposition of the cremated remains under the
Cremation Interment and Funeral Services Act, as may be amended from time to
time, and all applicable fees and charges are paid; and
ii) the Authorized Person issues an Exhumation Permit;
b) The Town of Lake Cowichan is not responsible for damage to any urn or container
sustained during exhumation.
12. INTERMENT
a) No person may dispose of cremated remains within the boundaries of the
municipality except in accordance with this Bylaw.
b) No cremated remains of a deceased human body may be interred in the Cemetery
and all interments shall be subject to and comply with this Bylaw.
c) No Cemetery Interment Permit holder shall permit an internment to be made in a
niche unless such interment is made pursuant to this Bylaw.
d) No person shall inter any cremated remains in the Cemetery except between the
hours of 8:00 a.m. and 4:00 p.m., Monday to Saturday, excluding Statutory
Holidays, unless previous special arrangements have made with the Authorized
Person.
e) No person shall open a niche except authorized municipal employees.
13. COLUMBARIUM
a) Each interment must be done in a niche in the columbarium in the cemetery.
b) An urn to be placed in a niche must be made of metal, plastic, stone, porcelain, or
wood and manufactured for the express purpose of containing cremated remains.
c) All memorial plaques are supplied by the Town of Lake Cowichan and engraving is
the responsibility of the Interment Permit holder.
d) All memorials for niches must be installed by municipal employees once all
associated fees and charges are paid.
e) Each niche may contain the following:
i) one urn with maximum dimensions of 26.7 cm wide and 26.7 cm high x 30.0 cm
Town of Lake Cowichan Cemetery & Columbarium Bylaw
No 1008-2018
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deep; and
ii) two urns with individual maximum dimensions of 26.7 cm wide x 13.2 cm high
and a combined 30.0 cm deep.
14. GENERAL
a) No person may disturb persons assembled for a memorial service or visit.
b) No person shall play any game or sport in the cemetery, unless authorized by the
operator.
c) No person shall discharge firearms in the cemetery, unless at a military funeral.
d) No person shall drive a motorized device of any kind over any lawns, gardens or
flower beds in the cemetery, unless authorized by the operator.
e) No person shall deposit any trash or other waste in the cemetery.
f) No person is allowed in the cemetery outside of the normal operating hours of 7:00
a.m. to 9:00 p.m. every day of the week.
15.
REPEAL
That upon adoption of this bylaw, Bylaw 991-2017, being the "Town of Lake Cowichan
Cemetery Bylaw No. 991-2017" shall hereby be repealed.
READ A FIRST TIME on the 28th day of August, 2018.
READ A SECOND TIME on the 28th day of August, 2018.
READ A THIRD TIME on 28th day of August, 2018.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the Town
of Lake Cowichan on the 25th day of September, 2018.
___________________
Ross Forrest
Joseph A. Fernandez
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct
copy of "Town of Lake Cowichan Columbarium Bylaw No. 1008-2018"
as adopted on the ____ day of ____, 201__.
.
Corporate Officer
Town of Lake Cowichan Columbarium Bylaw
No 1008-2018
5
Schedule A
Interment Permit and Exhumation Permit
This Purchase Agreement is entered into between the Town of Lake Cowichan and the undersigned Purchaser,
also known as the Interment Rights Holder, named herein;
Interment Rights Holder Information:
Date: ______________
Last Name: ______________________________
First Name: ______________________________
Particulars:
Street Address: ___________________________
__ Interment of cremated remains
Street Address (2):________________________
__ Exhumation of cremated remains
City: ____________________________________
Date of Interment or Exhumation: _______________
Province: ________________________________
Location of Interment: Lot #___________________
Postal Code: _____________________________
____________________________________________
Phone: _________________________________
____________________________________________
Fees as per Schedule B
Niche, inclusive of memorial plaque
$
Care fund
$
GST
$
Total Paid
$
Deceased Information:
Next of Kin Information:
Payment Terms: For goods and services listed, payment in full is required at the time of entering into this
agreement.
Payment method:
___Cash or Debit
___Cheque
In witness whereof, the parties executed this agreement on the ____ day of ______, 20__.
_______________________________________
__________________________________
Interment Rights Holder
Relationship to the Deceased
Last Name:
____________________
First Name:
____________________
Street Address:
____________________
Street Address (2):
____________________
City:
____________________
Province:
____________________
Postal Code:
____________________
Date of Birth:
____________________
Date of Death:
____________________
Death Certificate
received
Last Name:
____________________
First Name:
____________________
Street Address:
____________________
Street Address (2):
____________________
City:
____________________
Province:
____________________
Postal Code:
____________________
Phone:
___________________
Town of Lake Cowichan Columbarium Bylaw
No 1008-2018
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Schedule B
Fees
Right of Interment
Right of
Interment
($)
Care Fund
($)
Total Cost
($)
Niche - top row
1,467
163
1,630
Niche
1,287
143
1,430
Cemetery Services
Preparation
& Close
Open and close niche wall
400
n/a
400
Exhume/disinter cremated remains
400
n/a
400
Memorial Installations
Installation
Niche wall engraving
200
10
210
Removal & reinstallation
60
n/a
60
Other Fees (In Addition to Fees Above)
Right of interment transfer or surrender
50
n/a
50
Niche wall installations after hours or late
arrival fees - per quarter hour
15
n/a
15
Taxes will be added to all fees as applicable. Fees in effect as of August 2018