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1
VILLAGE OF MIDWAY
BYLAW NO. 531
A Bylaw to regulate the operation and
maintenance of cemeteries
WHEREAS according to the Cremation, Interment and Funeral Services Act every operator must make or
adopt bylaws respecting the administration and operation of cemeteries;
NOW THERE the Council of the Village of Midway in open meeting assembled, enacts as follows:
SECTION 1 - INTERPRETATION
1.1
This Bylaw may be cited for all purposes as the 'Cemetery Operation and Administration Bylaw
No. 531 , 2021.
1.2
Village of Midway Bylaw No. 405 and all amendments thereto are hereby repealed.
1.3
In this bylaw unless the context otherwise requires, the singular shall include the plural and the
masculine includes the feminine gender.
1.4
The headings contained in this bylaw are for convenience only and are not to be construed as
defining, or in any way limiting, the scope of the intent of the provisions of this bylaw.
1.5
If any portion of this bylaw is for any reason held to be invalid by any court of competent
jurisdiction, the invalid portion shall be severed, and the severance shall not affect the validity of
the remainder.
1.6
In this Bylaw, unless the context otherwise requires:
"ADMINISTRATION FEE" means a fee to be charged for any change to be made upon the
permanent cemetery records of the Village of Midway;
"BOARD OF CEMETERY TRUSTEES" means the Council of the Village of Midway;
"CAO" means the Chief Administrative Officer of the Village of Midway;
"CARETAKER" means the person or persons duly appointed or employed by the Village as the
Public Works Foreman or such other Village employee or employees as he designates;
"CARE FUND" means a fund established for the upkeep and repair of cemeteries and the grave
spaces and memorials therein;
"CEMETERY" means and includes all parcels or tracts of land owned, used or maintained by the
Village as cemeteries either within or outside the municipality;
"CORONERS ACT" means Chapter 15 of the Revised Statutes of British Columbia, 2007, as
amended from time to time;
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"COUNCIL" means the Council of the Village of Midway;
"CREMATION, INTERMENT AND FUNERAL SERVICES ACT" administered by the consumer
protection authority, as amended or repealed from time to time and all regulations made
thereunder.
"CREMATION LINER" means a receptacle made of durable material to encase an urn, or urns,
holding cremated remains. A Cremation Liner has a lid and is placed during the Interment
process. Liner cannot be made of wood or cardboard;
"CREMATED REMAINS or CREMAINS" means the ashes resulting from cremation of human
remains;
"DISINTERMENT" means the removal of human remains or cremated remains from a lot in which
the remains are interred and the container or any of the remaining container holding the remains
for the purpose of permanent relocation;
"EXHUMATION" means the exposure and removal of interred Human Remains for the
purposes of viewing or examination; "Exhumation" means the exposure and removal of
interred Human Remains for the purposes of viewing or examination;
"FAMILY MEMBER" means a parent or stepparent, a grandparent or step grandparent, a sibling
(natural, adopted or step), a spouse, a child (natural, adopted or step) or a grandchild (natural,
adopted or step);
"GRAVE LINER" means a receptacle, constructed of a durable material, that may or may not have
a bottom, into which a burial container holding human remains or an urn holding cremated
remains is placed to provide reinforcement of a lot as part of an interment; Liners cannot be
made of wood or cardboard;
"HEALTH ACT" means Chapter 179 of the Revised Statutes of British Columbia, 1996, as
amended from time to time;
"HUMAN REMAINS" means a dead human body in any stage of decomposition; a stillborn infant;
but does not include cremated remains;
"INFECTIOUS DISEASE" means those defined in the Regulations made pursuant to the Public
Health Act;
"INTERMENT" means disposition by burial of human remains or cremated remains in a cemetery;
"LOT" or "PLOT" means a space that is
(a) in a place of interment, and
(b) used or intended to be used for the interment of human remains or cremated remains under
a right of interment
and includes a grave, crypt, niche or plot;
"MARKERS" means all memorial work set on a plot or plots to memorialize any individual or
family member(s);
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"MEDICAL HEALTH OFFICER" means the person duly appointed from time to time by the
Province of British Columbia to act a Medical Health Officer for the Village;
"MEMORIAL" means a marker, headstone, tombstone, monument, plaque, tablet or plate on a
grave or plot;
"MINISTER" means that member of the Executive charged by Order of the Lieutenant Governor-
in-Council with the administration of the Cremation, Interment and Funeral Service Act, and
includes a person designated in writing by the Minister;
"OPERATOR" means the Village of Midway;
"NON-RESIDENT" means a person who has not resided or maintained a residence or owned
property within the Municipality for three months prior to the issuance of a contract in the form of
Schedule A attached to and forming part of this bylaw, provided, however, that this definition shall
not be applicable to families of long standing within the Municipality
"RESIDENT" means:
a)
A person who at the time of death, resided within the Corporate limits of the Village of
Midway;
b)
A property owner in the Village of Midway;
c)
A person who had previously qualified as a resident under (a) or (b) but has left the
Village under circumstances of old age or illness.
"TREASURER" means the person duly appointed as such by the Municipal Council;
"VEHICLE" means all vehicles as defined in the "Motor Vehicle Act", being Chapter 318 of the
Revised Statutes of British Columbia, 1996, and shall also include motorcycles, bicycles,
snowmobiles and all terrain vehicles;
"VILLAGE" means the Village of Midway;
"VITAL STATISTICS ACT" means Chapter 479 of the Revised Statutes of British Columbia, 1996
as amended from time to time.
SECTION 2 - CEMETERY
2.1
The following lands owned or maintained by the Village have been set aside and use for
cemetery purposes:
That part of District Lot 2228, lying to the South of Block B, District Lot 3145S shown on Plan CG
150 Similkameen Division of Yale District; and outlined in black on the maps attached as
Schedule 'A'.
2.2
The Cemetery shall be set apart and used as a place of burial of Human Remains or Cremated
Remains and for purposes incidental and ancillary thereto, and for no other purpose whatsoever.
2.3
A copy of the plans of the Cemetery shall be filed with the Minister and copies shall also be kept
available for public inspection in the Municipal Office and at such other places as may be deemed
necessary.
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2.4
Council is hereby delegates as the Board of Cemetery Trustees to operate the Cemetery under
this bylaw, with all such power and authority as is necessary to permit such operations.
2.5
The Village reserves the right to reconfigure or change the boundaries or grading of the
Cemetery or change the locations of, or remove or re-grade any roads, driveways, walkways or
landscaping or other Cemetery lands or improvements.
SECTION 3 - LICENSE TO USE THE CEMETERY
3.1
The Village may sell to any person, or his authorized agent, according to the fees as set out in
Schedule 'B', a vacant grave space or spaces for the exclusive use by him or his executors or
administrators, and upon payment of the said fees shall be granted a license in a form as
provided by the Village.
a.
Where an "Application to Reserve/Transfer A Cemetery Plot - Schedule C" has been completed,
in order to reserve a grave space for future use, the person purchasing the grave space must
advise the full legal name(s) of the person(s) who will be interred in that space or spaces;
b. The license holder must provide a true statement on the "Interment Permit - Schedule E", as far
as practical, of the name; age; sex; whether or not death was caused by an infectious disease;
name of the attending physician, if any; and such other information as may be reasonably
required;
c.
If ashes are to be placed in a plot, which already contains ashes or remains, the applicant must
provide a declaration, in the form of 'Lawful Declaration Authority' -"Schedule D", declaring that
he is the holder of the license for said plot or that he is the Executor or Administrator of the
Holder of the License, in accordance with Sections 5 and 8(3)(b)(i) of the Cremation, Interment
and Funeral Services Act;
d. In respect of an unused (reserved) plot or cancellation, the purchaser has a right of a 50%
refund upon written application stating the reason the plot is no longer required;
3.2
The Village reserves the right to refuse to sell the use of more than two grave spaces to any one
individual.
3.3
A holder of a grave space or spaces may sell or transfer a reserved grave space to another
individual by first notifying the Village, in writing, giving the full particulars of the name, address
or other description of the person to whom the transfer is desired. Upon completion of an
'Application to Reserve/Transfer a Cemetery Plot - Schedule C application by the new Licensee,
the receipt of the transfer fee and upon compliance with the requirements of this Bylaw, the
Village shall record the desired transfer.
3.4
All licenses issued for use of grave spaces in the cemetery shall be subject to the provisions of
this Bylaw and all bylaws now or hereafter to be passed by Council and shall be subject to the
Cremation, Interment and Funeral Services Act, and amendments thereto.
3.5
If a grave space previously sold has not been used and
a.
the lot holder with the right of interment, if living, would be at least 90 years of age,
b.
a period of at least 50 years has elapsed from the date the space was sold, and
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c.
the operator has been unable to locate the space holder after having given notice by
mailing or delivering the notice to the last known mailing address provided to the
operator the operator may apply to the registrar for permission to reclaim the grave
space and to sell it to another person.
3.6
The license issued for the sale of a grave space (Application to Reserve/Transfer a Cemetery Plot
"Schedule C") must contain a statement setting out the provisions of Section 3.5.
SECTION 4 - FEES AND CHARGES
4.1
The fees for interment, disinterment, use of grave space and care of graves, and any other
cemetery fees shall be those set out in Schedule 'B'.
SECTION 5 - INTERMENT & EXHUMATION, DISINTERMENT AND REMOVAL OF HUMAN
REMAINS
5.1
A person must not dispose of human remains at any place in British Columbia other than
a.
in a cemetery or mausoleum
b.
by cremation, or
c.
as prescribed.
5.2
A person must not inter human remains unless they are accompanied by a burial permit or
cremation certificate issued by a vital statistics registrar under the Vital Statistics Act.
5.3
No body other than a deceased human body shall be interred in the cemetery and no interment
of a body shall be made until a license to inter the body has been obtained from the Village.
5.4
No interment will be permitted after the hour of 2:00 pm Monday to Friday or on Saturday or
Sunday or Statutory Holidays unless an additional fee, as set out in Schedule 'B' of this Bylaw is
paid.
5.5
An Interment Permit, in a form as provided by the Village, must be obtained at least 48 hours
before any interment can take place except in the case of a person dying of an infectious
disease.
5.6
The body of any person who dies having an infectious disease shall be interred in accordance
with the instructions furnished to the Village by the Medical Health Officer according to the
Health Act..
5.7
The number of permitted interments is as follows:
Single Cremation Plots:
One interment only;
3' x 2 ½'
Adult size Plots:
One full burial with two cremated
4' x 12'
remain, or two cremation only
5.8
No grave shall be dug or opened or closed by any person other than those persons duly
authorized by the Village.
a.
graves will be opened no later than two hours prior to the funeral;
b.
graves will be closed on the same day of the funeral, as soon as possible after the grave
side service is complete;
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c.
the Funeral Director, or other responsible adult, must remain at the site until the
operator returns to close the grave.
d.
existing graves, sealed over with a concrete pad/slab, will remain undisturbed-additional
remains are prohibited from being placed in such a grave.
e.
No new cement pads shall be poured over the top of any grave space.
5.9
No vaults or other methods of interment above ground level shall be permitted in the cemetery.
5.10
Each interment in the cemetery, other than the interment of cremated remains, shall be made
in a grave dug to provide not less than three feet of earth between the top surface of the
ground and the top surface of the vault or grave liner enclosing the coffin or casket. No human
remains shall be interred in the cemetery except in compliance with and subject to the
provisions of this bylaw. A grave liner is required for all full-sized burials and a grave liner is
required for all cremation burials.
5.11
Each Cremain shall be interred into a plot providing not less than 6 inches between the upper
surface of the liner and the upper surface of the surrounding ground.
5.12
No person may exhume, disinter or otherwise remove Human Remains or Cremated Remains
from the place they are interred in the Cemetery without first:
(a) obtaining all orders, approvals or consents required under the Cremation, Interment and
Funeral Services Act and all other applicable statutes and regulations governing such
Exhumation, Disinterment or removal;
(b) presenting such orders, approval or consents to the Cemetery
Administrator for examination; and
(c) paying the applicable charges prescribed in Schedule "B" of this
bylaw.
5.13
Application for Disinterment or Exhumation shall be made and received by the Cemetery
Administrator at least four (4) weeks prior to the Disinterment or Exhumation.
5.14
Every such Exhumation, Disinterment or removal of Human Remains shall be strictly
subject to and in accordance with the restrictions and requirements of the Cremation,
Interment and Funeral Services Act and regulations and all other applicable
legislation.
SECTION 6 - CEMETERY CARETAKER
6.1
A cemetery caretaker shall be responsible for the following:
a. to dig and prepare, or cause to be dug and prepared, all plots required to be dug;
b. to install, or arrange for the installation of, all memorial tablets;
c. to carry out, or cause to be carried out, the general work of the cemetery to maintain it in a
neat and tidy condition, including the maintenance of paths, gates, fences and other
cemetery improvements; and,
d. to maintain records as required
SECTION 7 - ADMINISTRATION AND PERPETUAL CARE FUND
7.1
The Village shall maintain records as necessary to the administration and management of the
cemetery and as required by the Regulations under the Cremation, Interment and Funeral
Services Act.
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7.2
A fund shall be established to be known as the 'Cemetery Care Fund' and such funds shall be
administered in accordance with the requirements of the Regulations made under the Cremation,
Interment and Funeral Services Act for the establishment and administration of the Perpetual
Care fund and with the procedures hereinafter set out.
a. an account shall be established to be known as the 'Cemetery Care Fund Account' into which the
Treasurer shall pay all funds received for Care Fund purposes.
b. on all licenses for the use of grave space sold, the Treasurer shall pay into the 'Cemetery Care
Fund Account' from the amount received for each license sold the fee specified in Schedule 'B'.
c. on all licenses for the use of grave space, and all contracts or agreements for the sale of such
licenses, the amount required to be used for Care Fund purposes shall be specified, provided that
the amount so specified shall not apply to grave space made available by the Village free of
charge for indigent burial.
d. any owner of a memorial marker or tablet desiring to install same in the cemetery shall make
application in the form of "Schedule F" and shall pay to the Village, prior to the installation of
such memorial, a fee as per Schedule 'B' as a contribution to the Cemetery Care Fund and such
amounts when received shall be paid by the Treasurer into the Cemetery Care Fund.
e. investment of funds received for Care Fund purposes shall be made as required by the
Regulations under the Cremation, Interment and Funeral Services Act.
f.
the income from the Cemetery Care Fund including any appreciation shall be used for the sole
purpose of upkeep and maintenance of the property licensed and the cemeteries of which if
forms part.
g. the original principal sum of the Cemetery Care Fund shall not be reduced otherwise than in
accordance with an order of the Registrar appointed under the Cremation, Interment and Funeral
Services Act to the Regulations under the Cremation, Interment and Funeral Services Act.
h. a separate account of all monies received under the provisions of this Bylaw and all monies
expended hereunder shall be kept by the Treasurer.
SECTION 8 - MEMORIALS
8.1
No memorial marker or tablet shall be placed on any grave space in the cemetery until an
Application to Install Memorial - Schedule "F" has been processed and an amount as noted in
Schedule 'B' has been paid to the Village for Care Fund purposes in respect to each memorial
which it is desired to install.
8.2
No memorial marker or tablet shall be placed on an empty grave, unless in an area designated
solely for this purpose.
8.3
A memorial shall not be installed on a grave in the cemetery which is not of the tablet variety,
made of granite or bronze, and which does not conform to the following size specifications
including borders:
a)
Standard plots will be allowed a maximum marker area of 50cm x 102 cm (20" x 40") for
the placement of markers.
b)
Double width headstone will be permitted where two family members are buried side by
side.
c)
Single cremation plots will be allowed a minimum of 20cm x 30cm (8" x 12") and
maximum marker area of 30 cm x 60 cm (12" x 24") for the placement of markers.
8.4
Flat Markers
A flat marker may be installed on any plot in the Cemetery provided it is made of granite
or bronze and conforms to the following:
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a)
Each granite flat marker shall be not less than 7.5 centimeters (3 inches) thick and shall
have its side surfaces true and perpendicular with the top surface.
b)
Each bronze flat marker shall be attached, prior to installation, to a concrete base not
less than 7.5 centimeters (3 inches) thick and shall have its side surfaces true and
perpendicular with the top surface of the tablet.
c)
A bronze flat marker intended for installation on a plot may be smaller than its concrete
base provided the concrete base conforms to the size for the plot as required in Section
8.3 above, and the part of the base extending beyond the marker does not exceed 5
centimeters (2 inches wide and has a smooth, slightly beveled surface to shed water at
its outer edges.
8.5
Memorial markers will be installed on graves by the caretaker subject to the rates shown in the
Village of Midway Application to install Memorial Marker Schedule "F" and the following
specifications:
a.
memorials of granite or bronze will be installed on plots by the caretaker so as not to
project above the natural contour of the ground;
b.
memorials shall be placed at the Village's convenience within a reasonable time after
receipt.
8.5
No grave space in the cemetery shall be defined by a fence, hedge or railing and no memorial
other than the type specified in Section 8.3 shall be installed on a grave in the cemetery.
SECTION 9 GENERAL PROVISION
9.1
Cut flowers, wreaths and floral offerings may be placed on plots but may be removed by the
caretaker when their condition is considered to be detrimental to the cemetery. Artificial flowers
will be permitted to be placed during the winter until the first grounds maintenance is carried out
in the spring.
9.2
No person shall plant, remove, cut down or destroy, any trees, shrubs, plants, flowers, bulbs or
rocks in the cemetery other than an employee of the Village authorized to do so.
9.3
No persons shall damage or deface any memorial, fence, gate or structure in the cemetery or any
improvements in the cemetery.
9.4
No person, other than the Operator, shall enter the cemetery in a vehicle - unless to facilitate an
interment.
9.5
No person shall solicit orders for markers, tablets, memorials, or like works within the
limits of the cemetery.
9.6
All persons and funeral processions in the cemetery shall follow instructions of the caretaker.
9.7
Boxes, shells, toys, wire screens, arbors, trellises, decorations or any other objects are prohibited
on any plots or on any land or fence that comprises the cemetery. Containers for flowers are
subject to approval of the caretaker and shall be installed by employees of the Village.
9.8
No plot shall be decorated with any trees, shrubs or plants.
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9.9
The discharge of firearms, other than at a military funeral, is prohibited in the cemetery.
10.
Notwithstanding anything herein contained, the administration of the cemetery shall be carried
out at all times in accordance with the Cremation, Interment and Funeral Services Act and
Regulations made hereunder.
11.
An operator is not liable if the operator removes or inadvertently breaks or damages any goods
that are left in or on any part of a cemetery if the placement of the goods there by a person is a
contravention of the Bylaws.
12. An operator may remove any object in or on the place of interment if, in the operator's opinion,
the object
a.
has been placed there in contravention of the bylaws respecting the place of interment,
b.
is dangerous,
c.
impedes the care or maintenance of the place of interment, or
d.
is unsightly.
13. An operator of a place of interment is not liable for damage to any object that is removed under
Section 9 (12).
14. Before acting under Section 9 (12), the operator must give notice to a next of kin of the deceased or
other person of record and allow that person reasonable time to correct the problem.
15. No person shall enter or remain in any part of the cemetery outside of the period from dawn to dusk.
SECTION 10 - OFFENCES:
10.1
Every person who violates any of the provisions of this Bylaw, or who suffers or permits any act
or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who
neglects to do, or refrains from doing anything required to be done by any of the provisions of
this Bylaw commits an offence and is liable upon conviction to a penalty not less than $50 and
not more than $2000.00, together with the cost of prosecution.
SECTION 11 - SCHEDULES
11.1
Schedules 'A', and 'B' attached hereto form part of this bylaw and are enforceable in the same
manner as this bylaw.
SECTION 12 - ADOPTION
12.1
This Bylaw shall come into full force and effect upon final adoption.
READ A FIRST TIME THIS
7th
DAY OF
June
, 2021.
READ A SECOND TIME THIS
7th
DAY OF
June
, 2021.
READ A THIRD TIME THIS
7th
DAY OF
June
, 2021.
ADOPTED THIS
21st
DAY OF
June
, 2021.
__________________________________
________________________________
MAYOR
Chief Administrative Officer
SCHEDULE A TO VILLAGE OF MIDWAY
BYLAW NO. 531
A BYLAW TO REGULATE THE OPERATION AND
MAINTENANCE OF CEMETERIES
CEMETERY FEES
Village of Midway - Bylaw No. 531, 2021, SCHEDULE B
PO Box 160, 661 Eighth Avenue, Midway, BC, V0H 1M0
Phone: 250 449-2222 Fax: 250 449-2258
GST
CARE
FUND
TOTAL
GRAVE SPACE- RESIDENT
Adult -Standard 4' x 12'
$400.00
$20.00
$100.00
$520.00
Cremation - 3' x 2.5'
$150.00
$7.50
$ 37.50
$195.00
Grave Liner
$350.00
$17.50
$367.50
Cremation Liner (vault)
$100.00
$ 5.00
$105.00
Note: Grave liners and cremation liners
are mandatory. Prices are subject to
change.
GRAVE SPACE - NON RESIDENT
Adult - Standard 4' x 12'
$1500.00
$75.00
$375.00
$1,950.00
Cremation - 3' x 2.5'
$500.00
$25.00
$125.00
$ 650.00
Grave Liner
$350.00
$17.50
$367.50
Cremation Liner (vault)
Note: Grave liners and cremation liners are
mandatory. Prices are subject to change.
$100.00
$5.00
$105.00
GRAVE PREPARATION
Adult - Full
$600.00
$30.00
0.00
$630.00
Cremation
$200.00
$10.00
0.00
$210.00
DISINTERMENT/EXHUMATION
Disinterment/Exhumation from plot
$800.00
$40.00
$840.00
Infant/Child Disinterment/Exhumation from
plot
$800.00
$40.00
$840.00
Cremated remains Disinterment/Exhumation
from plot
$200.00
$10.00
$210.00
OTHER CHARGES - Additional
Full Burials after 2 pm weekdays
$250.00
$12.50
$262.50
Cremation after 2 pm weekdays
$150.00
$7.50
$157.50
Burials on weekends/holidays
$400.00
$20.00
$420.00
Transfer Fee
$75.00
$3.75
$ 78.75
INSTALLATION OF MEMORIAL
$200.00
$10.00
$20.00
$230.00
Removal and Resetting fee
$ 75.00
$ 3.75
$ 78.75
***Grave liners are required for all full-sized and cremation burials. Liners are available through the
Village of Midway