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CEMETERY BYLAW NO. 2012-016
(Consolidated to include Bylaw No. 2013-016)
Table of Contents
Part 1 - General ......................................................................................................................... 3
1.1
Title ................................................................................................................................... 3
1.2
Interpretation ..................................................................................................................... 3
1.3
Definitions ......................................................................................................................... 4
Part 2 - District of Summerland Cemetery Lands ....................................................................... 4
2.1
Cemeteries ........................................................................................................................ 4
2.2
Cemetery Plans ................................................................................................................ 4
Part 3 - Right of Interment ......................................................................................................... 5
3.1
Reserved Sections ............................................................................................................ 5
3.2
Right of Interment for Exclusive Use ................................................................................ 5
3.3
Right of Refusal ................................................................................................................ 5
3.4
Right of Interment is Not Transferable ............................................................................. 5
3.5
Transfer Request .............................................................................................................. 5
3.6
Notice of Transfer ............................................................................................................. 5
3.7
Proof of Inheritance .......................................................................................................... 5
3.8
Order of Priority ................................................................................................................ 6
3.9
Right of Interment Cancellation ........................................................................................ 6
3.10 Right of Interment Provisions ........................................................................................... 6
Part 4 - Permission to Inter or Exhume ...................................................................................... 6
4.1
Interment Permit ............................................................................................................... 6
4.2
Application for Permit ....................................................................................................... 6
4.3
Twenty-Four Hour Notice ................................................................................................. 6
4.4
Interment times ................................................................................................................. 6
4.5
Registration of Death ........................................................................................................ 6
4.6
Interment After Hours ....................................................................................................... 7
4.7
Details of Deceased.......................................................................................................... 7
4.8
Removal of Remains ........................................................................................................ 7
4.9
Lawful Interment ............................................................................................................... 7
Part 5 - Interment in the Cemeteries .......................................................................................... 7
5.1
Interment Compliance ...................................................................................................... 7
5.2
Human Remains Only ...................................................................................................... 7
5.3
Occupy Plot ....................................................................................................................... 7
5.4
Communicable Disease .................................................................................................... 7
5.5
Plot Depth ......................................................................................................................... 8
5.6
Interments per Grave ........................................................................................................ 8
5.7
Cremations ........................................................................................................................ 8
5.8
Canyon View Cemetery Interments ................................................................................. 8
5.9
Hours of Interment ............................................................................................................ 8
5.10 Graveside Funeral Services ............................................................................................. 8
5.11 Interments outside of normal hours .................................................................................. 8
5.12 Interments by authorized persons .................................................................................... 9
5.13 No interment above ground level ..................................................................................... 9
Part 6 - Cemetery Manager ....................................................................................................... 9
Cemetery Bylaw 2012-016
Page 2 of 24
6.1
Responsibilities ................................................................................................................. 9
6.2
Staff ................................................................................................................................... 9
6.3
Duties of Cemetery Manager ........................................................................................... 9
6.4
Grant Right of Interment ................................................................................................... 9
Part 7 - Care Fund .................................................................................................................... 9
7.1
Care Fund ......................................................................................................................... 9
7.2
Canyon View Cemetery Care Fund ............................................................................... 10
7.3
Care Fund Amount ......................................................................................................... 10
7.4
Care Fund Amount for Memorials .................................................................................. 10
7.5
Care Fund Investment .................................................................................................... 10
Part 8 - Memorials ....................................................................................................................10
8.1
Fees ................................................................................................................................ 10
8.2
Memorial Size Limits ...................................................................................................... 10
8.3
Removal of Memorials .................................................................................................... 11
Part 9 - General Regulations ...................................................................................................11
9.1
Permit Form .................................................................................................................... 11
9.2
Offerings ......................................................................................................................... 11
9.3
Funeral, Holiday, Days of Honour, and Special Occasion Offerings ............................. 11
9.4
Removal of Offerings ...................................................................................................... 12
9.5
Cemetery Landscaping ................................................................................................... 12
9.6
Damage .......................................................................................................................... 12
9.7
Vehicles .......................................................................................................................... 12
9.8
No Solicitation ................................................................................................................. 12
9.9
Peaceful Enjoyment ........................................................................................................ 12
9.10 Discharging of Firearms ................................................................................................. 12
9.11 Damage .......................................................................................................................... 13
9.12 Hours............................................................................................................................... 13
9.13 Violations ........................................................................................................................ 13
9.14 Administration of Cemeteries ......................................................................................... 13
Part 10 - Fees and Charges .....................................................................................................13
10.1 Cemetery Fees and Charges ......................................................................................... 13
10.2 Canyon View Cemetery Care Fund ............................................................................... 14
10.3 Payment of Fees and Charges ....................................................................................... 14
Part 11 - Repeal and Enactment ..............................................................................................14
11.1 Effect of Bylaw ................................................................................................................ 14
11.2 Repeal ............................................................................................................................. 14
Schedule 'A' - Right of Interment Permit ...................................................................................15
Schedule 'B' - Interment Permit ..............................................................................................17
Schedule 'C' - Interment Authorization Permit ..............................................................................18
Schedule 'D' - Surrender or Transfer of Reserved Plot Permit .......................................................23
Schedule 'E' - Exhumation Permit ...........................................................................................24
Cemetery Bylaw 2012-016
Page 3 of 24
DISTRICT OF SUMMERLAND
CEMETERY BYLAW NO. 2012-016
A Bylaw to Provide for the Regulation, Maintenance,
and Operation of the Cemeteries
Owned and Operated by the District of Summerland
CONSOLIDATED FOR CONVENIENCE TO INCLUDE: Bylaw 2013-016
The Council of the District of Summerland pursuant to Section 8 of the Community Charter, in
open meeting assembled, enacts as follows:
Part 1 - General
1.1
Title
This bylaw shall be known for all purposes as the "Summerland Cemetery Bylaw 2012-
016".
1.2
Interpretation
a. Enactments
Any enactment referred to in this Bylaw is a reference to an enactment of British
Columbia or Canada, as the case may be, and regulations thereto, as amended,
revised, consolidated, or replaced from time to time.
Any bylaw referred to in this Bylaw is a reference to an enactment of the Council of
the District of Summerland, as amended, revised, consolidated, or replaced from
time to time.
b. Headings and Table of Contents
The headings and the Table of Contents contained in this Bylaw are for convenience
of reference. These headings and the Table of Contents do not form part of this
Bylaw and will not be used in its interpretation.
c. Severability
If any section, subsection, sentence, clause, or phrase of this bylaw is deemed to be
invalid by the decision of any court of competent jurisdiction, the invalid portion shall
be severed and the decision that it is invalid shall not affect the validity of the
remainder of the bylaw.
d. Context of Wording
Wherever the masculine is used throughout this bylaw, it shall also mean the
feminine, and wherever the singular is used throughout this bylaw, it shall also mean
the plural.
e. Schedules
The following schedules are attached to and form part of this Bylaw:
Schedule 'A' Right of Interment Permit
Schedule 'B' Interment Permit
Schedule 'C' Interment Authorization Permit
Schedule 'D' Surrender or Transfer of Reserved Plot Permit
Cemetery Bylaw 2012-016
Page 4 of 24
Schedule 'E' Exhumation Permit
1.3
Definitions
In this bylaw, unless the context otherwise requires:
"Cemetery" means any parcel or tract of land set aside, used, maintained, or operated as a
cemetery by the District of Summerland.
"Cemetery Manager" means the Director of Works and Utilities, as appointed by the Council of
the District, and includes their duly authorized representatives.
"Corporate Officer" means the Corporate Officer, as appointed by the Council of the District,
and includes their duly authorized representatives.
"Council" means the Municipal Council of the District of Summerland and shall be deemed to
be the board of trustees for the cemeteries pursuant to section 37 of the Cremation, Interment
and Funeral Services Act.
"Director of Finance" means the Director of Finance, as appointed by the Council of the
District, and includes their duly authorized representatives.
"District" means the District of Summerland.
"Medical Health Officer" means the person duly appointed from time to time for or by the
District pursuant to the provisions of the Health Act.
"Right of Interment" means a right, in perpetuity, for the interment of human remains or
cremated remains in a plot.
Part 2 - District of Summerland Cemetery Lands
2.1
Cemeteries
The following lands owned by the District are to be used for Cemetery purposes:
a. Canyon View Cemetery, situated on Paradise Flats, in the District of Summerland,
Province of British Columbia, and more particularly known and described as Lot A,
District Lot 1073, Osoyoos Division Yale District, Plan 20863, with a civic address of
10316 Canyon View Road.
b. Peach Orchard Cemetery, situated in the Peach Orchard area, in the District of
Summerland, Province of British Columbia, and more particularly known and
described as Block 3, District Lot 455, Osoyoos Division Yale District, Plan 157,
except parts shown on Plan 339, Plan 7845 and Plan 20203, with a civic address of
6300 Ramsay Street.
c. Anglican Cemetery, situated in the Giant's Head Road area, in the District of
Summerland, Province of British Columbia, and more particularly known and
described as the Southwest 1/2 acre of District Lot 675, Osoyoos Division Yale
District, with a civic address of 10005 Giant's Head Road.
2.2
Cemetery Plans
A copy of the plans of the Cemeteries shall be kept available for public inspection at the
Works and Utilities Office of the District.
Cemetery Bylaw 2012-016
Page 5 of 24
Part 3 - Right of Interment
3.1
Reserved Sections
The Council may enter into an agreement with a society, church, the Royal Canadian
Legion, or other organization to reserve a section of a Cemetery to be used exclusively
for the interment of their deceased members.
No person shall be issued a permit to use a plot in a reserved section, unless their
application to purchase a permit is accompanied by a certificate from the applicable
society, church, the Royal Canadian Legion, or other organization. The certificate must
state that the applicant, or the person on whose behalf they may be acting, is entitled to
interment in the reserved section.
3.2
Right of Interment for Exclusive Use
The Cemetery Manager is authorized to issue a Right of Interment Permit to any person,
or their authorized agent. The Right of Interment Permit may be for one or more vacant
plots to which a Right of Interment Permit has not already been issued and must be for
the exclusive use by them, their executors, or their administrators.
The Right of Interment Permit shall be in the form as set out in Schedule 'A'.
3.3
Right of Refusal
The Council reserves the right to refuse to sell to any person a Right of Interment that is
for the use of more than two plots.
3.4
Right of Interment is Not Transferable
The holder of a Right of Interment shall not transfer the right of use and occupancy to
any other person except as provided for in this Article. The Cemetery Manager may, at
their sole discretion, allow the transfer of the Right of Interment for any unused plot to an
immediate family member.
In reserved sections of a Cemetery, the application for transfer must be accompanied by
a certificate stating that the person is entitled to interment in the reserved section.
3.5
Transfer Request
A transfer request must be in writing by the holder of a Right of Interment and shall be
made in the general form of the Surrender or Transfer of Reserved Plot Permit as set out
in Schedule "D".
The Cemetery Manager shall amend their records to recognize the new holder of the
Right of Interment of the plot or plots.
3.6
Notice of Transfer
No sale or other transfer of any plot, or any interest therein shall be binding upon the
District until a duly executed Surrender or Transfer of Reserved Plot Permit has been
submitted to and approved by the Cemetery Manager.
3.7
Proof of Inheritance
If the owner of a plot dies and the ownership passes by inheritance to a new owner, the
District may require proof from the new owner of their right to such interest before the
new owner can obtain registration of their interest to the plot. This proof may consist of a
will or other such proof as may be satisfactory to the Cemetery Manager. If the new
owner wishes to have an interment made before they have obtained registration of their
interest in a plot, they must satisfy the Cemetery Manager of their right to do so before
the interment shall be permitted.
Cemetery Bylaw 2012-016
Page 6 of 24
3.8
Order of Priority
The right of a person to control the disposition of human remains or cremated remains
vests in and devolves on that person in the order of priority as outlined in the Cremation,
Interment and Funeral Services Act.
3.9
Right of Interment Cancellation
Upon receiving a written request by a person holding a Right of Interment Permit to
forfeit such right to use and occupy the plot, the Cemetery Manager may cancel the
Right of Interment Permit and refund the person a sum equivalent to 75% of the original
fee paid, less the Cemetery Care Fund contribution paid, if applicable.
3.10
Right of Interment Provisions
All Rights of Interment shall be subject to the provisions of this bylaw and to all bylaws
now or hereafter adopted by Council.
Part 4 - Permission to Inter or Exhume
4.1
Interment Permit
No human remains or human cremated remains shall be interred in a Cemetery until;
a. a person having authority, pursuant to Section 5 of the Cremation, Interment and
Funeral Services Act of B.C., to authorize the disposition of the deceased person's
remains or cremated remains has completed, duly signed, and witnessed an
interment authorization and any other documents required to facilitate the interment
in a form approved by the Cemetery Manager.
b. a permit to inter the remains has been obtained from the District and all fees and
charges have been paid.
4.2
Application for Permit
An application for an Interment Permit must be accompanied by an application for an
Interment Authorization Permit. These permit applications must be made to the
Cemetery Manager during regular working hours at the office of Works and Utilities
located at 9215 Cedar Ave., Summerland, during regular working hours. Weekend calls
will not be accepted.
Interments for Mondays, the day after a Statutory Holiday, or the day after other days
that the Works and Utilities Department is closed, must be received by 2:00 p.m. the
previous working day or they will not be accepted. For example, Monday interments
would have to be booked by 2:00 p.m. the previous Friday.
4.3
Twenty-Four Hour Notice
All Interment Permits must be applied for, obtained, and approved and all pertinent fees
and charges must be paid no less than 24 hours prior to the interment time.
4.4
Interment Times
Interment times shall be scheduled by the Cemetery Manager who will make every effort
to accommodate all Funeral Agency requirements.
A minimum of two hours is required between interment scheduling. A minimum of one
and a half hours is required to close a plot to a safe condition, therefore, the site must be
cleared by 2:30 p.m., in order to close the plot prior to 4:00 p.m.
4.5
Registration of Death
All persons applying for interments in the Cemetery shall submit to the Cemetery
Manager, an Interment Permit, an Interment Authorization Permit, a Certificate of
Cemetery Bylaw 2012-016
Page 7 of 24
Cremation, if applicable, and an Acknowledgment of Registration of Death Certificate
issued pursuant to the British Columbia Vital Statistics Act, or the equivalent.
4.6
Interment After Hours
Where a Medical Health Officer directs that a body be interred in the Cemetery during
any period when the Cemetery is closed, permission to inter in the Cemetery shall be
obtained from the Cemetery Manager.
4.7
Details of Deceased
Where an interment in the Cemetery is performed under the direction of the Medical
Health Officer, the person who permitted the interment and the person who performed
the interment shall report the matter to the Cemetery Manager and the representative of
the deceased shall furnish the Cemetery Manager with an Interment Permit, an
Interment Authorization Permit, a Certificate of Cremation, if applicable, and an
Acknowledgment of Registration of Death Certificate issued pursuant to the British
Columbia Vital Statistics Act, or the equivalent. This information shall be provided to the
Cemetery Manager as soon as the District's offices are opened.
4.8
Removal of Remains
No interment shall be exhumed except in compliance with the requirements of the
Cremation, Interment and Funeral Services Act. No exhumation will proceed until an
Exhumation Permit is submitted to and approved by the Cemetery Manager and all
applicable fees and charges have been paid.
The District's responsibility during the process of uncovering of a casket, urn, or other
container will end at the point where the soil is sufficiently excavated to permit access to
the remains for removal by the attending Funeral Agency. The District is not responsible
for damage sustained to any casket, urn, or other container during exhumation.
4.9
Lawful Interment
It is unlawful to inter or cremate a deceased person within the Municipal boundary of the
District except pursuant to the terms and conditions of the Cremation, Interment and
Funeral Services Act and Regulations.
Part 5 - Interment in the Cemeteries
5.1
Interment Compliance
All interments are subject to and must comply with the terms and conditions of this
bylaw.
5.2
Human Remains Only
Only human remains and human cremated remains shall be interred in the Cemeteries.
5.3
Occupy Plot
The holder of a Right of Interment Permit to use and occupy a plot in a Cemetery may
transfer their right of use and occupancy to another family member subject to the terms
and conditions of this Bylaw.
5.4
Communicable Disease
Where the remains of a person who died while suffering a communicable disease are to
be interred in a Cemetery, any instruction given by the Medical Health Officer respecting
the interment shall be fully and carefully followed by those who perform the interment.
Cemetery Bylaw 2012-016
Page 8 of 24
Where the body delivered to the Cemetery for interment is subject to direction of the
Medical Health Officer, pursuant to the Health Act, the person delivering the body to the
Cemetery shall inform the Cemetery Manager.
5.5
Plot Depth
Plots shall be dug to a depth sufficient to provide not less than 0.9 metres (3.0 feet) of
earth between the upper surface of the casket or grave liner and the level of the ground
surrounding the plot.
5.6
Interments per Grave
The following outlines the maximum number and types of remains that may be interred
in any one plot:
a. one single full-sized interment; or
b. at the Canyon View Cemetery only, two full sized interments (double depth) with the
first full size interment at the lower depth than the second interment at the upper
depth; or
c. one full size interment with up to four cremations provided the full size interment
takes place first; or
d. up to four cremations in a single cremation plot; or
e. up to four cremations in a full interment plot.
5.7
Cremations
Cremations shall be in a container and placed inside a cremation box supplied by the
District. The container must fit inside the cremation box which has inside measurements
of 20cm (8 inches) by 20cm (8 inches) at the base, tapering to 25cm (10 inches) by
25cm (10 inches) at the top, and is 30cm (12 inches) deep.
5.8
Canyon View Cemetery Interments
Except for cremations, a grave liner shall be used for all interments at Canyon View
Cemetery.
5.9
Hours of Interment
Interments in the cemeteries shall be between the hours of 8:00 a.m. and 2:00 p.m.
Monday to Friday unless otherwise permitted in this Bylaw.
5.10
Interment Service
The interment service must be completed prior to 2:30 p.m.
5.11
Interments Outside of Regular Hours
Consent will be given in all circumstances where an interment that will be completed
outside regular hours is required under the direction of the Medical Health Officer.
All other interments that will be completed later than 2:30 p.m. Monday to Friday, on
weekends, or on statutory holidays, may be permitted upon approval of the Cemetery
Manager and payment in full of all additional fees and charges. The Cemetery Manager
may, at their sole discretion, deny approval due to the lack of availability of District
resources or operational costs.
There shall be no interments scheduled for Easter Sunday, VE Day (Victory in Europe
Day), Mother's Day, Father's Day, Remembrance Day, or Christmas Day. [Amended
June 24, 2013 by Bylaw 2013-016]
Cemetery Bylaw 2012-016
Page 9 of 24
5.12
Interments by Authorized Persons
No plot shall be dug or opened by any person other than a person authorized by the
Cemetery Manager.
5.13
No Interment Above Ground Level
No vaults or other methods of above ground interments shall be permitted.
Part 6 - Cemetery Manager
6.1
Responsibilities
The Cemetery Manager is responsible for ensuring that the terms and conditions of this
Bylaw are adhered to and properly carried out.
6.2
Staff
The Cemetery Manager shall engage the staff necessary to carry out the administrative
and operational duties under this Bylaw. Any contracted personnel or District staff
engaged in performing any duty under the jurisdiction of this Bylaw shall be under the
direction and supervision of the Cemetery Manager.
6.3
Duties of Cemetery Manager
The Cemetery Manager shall be responsible for the following duties:
a. To dig and prepare all plots required to be dug or prepared pursuant to this bylaw.
b. To direct all funerals in the cemetery to the correct plot.
c. To install all memorials.
d. To construct all foundations for memorials at Canyon View Cemetery.
e. To carry out the general work of the Cemeteries required to maintain them in a neat
and tidy condition, including the maintenance of paths, gates, fences, and other
cemetery improvements.
f. To maintain records as required by the Cremation, Interment and Funeral Services
Act, and this Bylaw.
g. To complete such other work as may be directed by Council.
6.4
Grant Right of Interment
The Cemetery Manager is authorized to grant a Right of Interment Permit in the form set
out in Schedule "A" for any vacant plot in a Cemetery provided that a Right of Interment
has not already been issued for that plot.
Part 7 - Care Fund
7.1
Care Fund
A fund shall be established and administered in accordance with the Cremation,
Interment and Funeral Services Act and the Community Charter. This fund shall be
known as the "Canyon View Cemetery Care Fund" and the interest in this fund shall be
used for the upkeep, care, and repair of Canyon View Cemetery. The principal in this
fund shall not be reduced other than in accordance with an order made pursuant to the
Cremation, Interment and Funeral Services Act.
Cemetery Bylaw 2012-016
Page 10 of 24
7.2
Canyon View Cemetery Care Fund
For each Right of Interment issued in Canyon View Cemetery, the Director of Finance
shall pay into the Canyon View Cemetery Care Fund Account an amount as specified in
the District's Fees and Charges Bylaw.
7.3
Care Fund Amount
The amount required to be used for Canyon View Cemetery Care Fund purposes shall
be specified on all Right of Interment Permits and on all contracts or agreements for the
sale of such Rights. The amount specified shall not apply to any plot space the District
has made available for indigent interments and that the District has exempted from the
applicable fees and charges.
7.4
Care Fund Amount for Memorials
Any owner of a memorial who desires to install it in Canyon View Cemetery shall, prior to
installation, contribute into the Canyon View Cemetery Care Fund Account an amount as
specified in the District's Fees and Charges Bylaw.
7.5
Care Fund Investment
Investment of funds received for the Canyon View Cemetery Care Fund purposes shall
be made as required by the Regulation under the Cremation, Interment and Funeral
Services Act applicable to Cemetery Care Funds. The income from the Canyon View
Cemetery Care Fund, including any appreciation, shall be used for the sole purpose of
upkeep and maintenance of Canyon View Cemetery.
The Director of Finance shall keep a separate account for all monies received or
expended under the terms and conditions of this bylaw. Any surplus funds that remain
at the end of each fiscal year shall be paid into the Canyon View Cemetery Care Fund
and shall be invested by the District in accordance with the provisions of the Community
Charter.
Part 8 - Memorials
8.1
Fees
The District will not place a memorial on any plot until all applicable fees and charges
have been paid.
8.2
Memorial Size Limits
District staff may only install memorials in accordance with the following:
a. The base on which any memorial is to be placed at Canyon View Cemetery shall be
constructed of concrete, be laid flat and flush with the adjacent ground level, and
shall exceed the size of the memorial by at least two inches on all sides.
b. Memorials shall be constructed of stone, concrete, or metal and shall not exceed the
following maximum sizes:
Base
Maximum Memorial Size
Infant plot
90cm x 90cm
80cm x 80cm x 18cm high
(36" x 36")
(32" x 32" x 7")
Cremation plot
75cm x 75cm
65cm x 65cm x 18cm high
(30" x 30")
(26" x 26" x 7")
Regular plot
75cm x 120cm
65cm x 110cm x 18cm high
(30" x 48")
(26" x 44" x 7")
c. No plot at Canyon View Cemetery shall be defined by a fence, railing, coping,
curbing, hedge, or by any other marking except for a memorial.
Cemetery Bylaw 2012-016
Page 11 of 24
8.3
Removal of Memorials
No person shall remove a memorial unless authorized in writing by the Cemetery
Manager.
Part 9 - General Regulations
9.1
Permit Form
All Right of Interment Permits shall be in the form as set out in Schedule "A".
All Interment Permits shall be in the form as set out in Schedule "B".
All Interment Authorization Permits shall be in the form as set out in Schedule "C".
All Surrender or Transfer of Reserved Plot Permits shall be in the form as set out in
Schedule "D".
All Exhumation Permits shall be in the form as set out in Schedule "E".
9.2
Offerings
Offerings may be placed at an interment site provided that the offering is located on the
concrete base, at least 50 mm (2 in.) away from the edge of the concrete base, and
complies with the criteria outlined below.
Acceptable offerings shall be:
a. of sufficient weight to prevent the offering from blowing off the concrete base by
the wind or by maintenance equipment during regular maintenance;
b. less than 45.7 cm (18 in.) in height.
Discouraged offerings are:
a. any offering that is made of materials, such as plastic, that will easily fade,
breakdown under ultraviolet rays, and become unsightly in a short period of time;
b. any stuffed offering, such as a stuffed toy animal, that can be an attractive
nesting area for rodents or, when wet, a breeding ground for maggots or other
unsavory insects.
Prohibited offerings are:
a. small offerings, such as necklaces, small stones, or marbles, that may become
entangled in the maintenance equipment;
b. anything that extends or grows into the landscaped area surrounding an
interment site or anything that encroaches into a neighbouring interment site;
c. any offering that is made of, or contains, glass or any other easily breakable
substance;
d. pointed or sharp offerings that may present a safety hazard if someone falls.
9.3
Funeral, Holiday, Days of Honour, and Special Occasion Offerings
This section applies to offerings that are allowed to be placed adjacent to but off of the
concrete base as they commemorate a funeral, holiday, day of honour, or a special
occasion.
Funeral flowers, along with all other funeral items such as stands, baskets, frames, and
casket sprays, can be placed at the interment site, outside the confines of the concrete
base, on the day of the service and be left at the interment site for one week after the
interment.
Cemetery Bylaw 2012-016
Page 12 of 24
During a holiday and special days of honour appropriate seasonal flowers and
arrangements may be placed at the interment site, outside the confines of the concrete
base, for a period of one week before and one week after the event. At Christmas,
seasonal flowers and arrangements may be left until one week after New Year's Day
and at Easter seasonal flowers and arrangements may be left until one week after
Easter Monday.
To commemorate a significant date in the life of a loved one, such as the date of birth,
floral arrangements may be placed at the interment site the day before or the day of the
special occasion, outside the confines of the concrete base. These floral arrangements
will be removed one week after the special occasion. The person placing the floral
arrangement must notify the Cemetery Manager to ensure the floral arrangement is not
disturbed during this time.
9.4
Removal of Offerings
This section applies to offerings that are placed on a concrete base.
Flowers or floral arrangements that have wilted or have become unsightly will be
removed and disposed of. For offerings that do not meet the requirements of this Bylaw,
become unsightly, create a safety hazard, or present a maintenance issue, staff will:
a. take a picture of the offering being removed, tag the offering with interment site
information, and store the offering at a secure location at the Works and Utilities
Yard;
b. attempt to contact the owner of the interment site at the last known number the
District has on file;
c. dispose of the offering if it is not claimed within sixty days of the date of removal.
9.5
Cemetery Landscaping
No person, other than authorized District employees, shall plant, remove, cut down, or
destroy any trees, shrubs, plants, flowers, bulbs, or rocks in the Cemeteries.
9.6
Damage
No person shall damage or deface any memorial, fence, gate, structure, or any other
type of improvement in the Cemeteries.
9.7
Vehicles
No person shall enter the Cemeteries in a vehicle after sunset or drive a vehicle in the
Cemeteries at any time at a speed of more than 10 km per hour. All vehicles and their
drivers while in a Cemetery grounds shall be subject to the direction and orders of
authorized District staff.
9.8
No Solicitation
No person shall solicit business or orders for memorials, curbings, cappings, or like
works within the limits of a Cemetery.
9.9
Peaceful Enjoyment
All persons and funeral processions in a Cemetery shall obey reasonable instructions of
District staff. Authorized District staff may evict from a Cemetery any person who is not
behaving with proper decorum or who is disturbing the quiet and peaceful environment
of the Cemetery.
9.10
Discharging of Firearms
The discharging of firearms, other than in regular volleys at military interment services, is
prohibited in the Cemeteries.
Cemetery Bylaw 2012-016
Page 13 of 24
9.11
Damage
Any person who:
a. willfully destroys, mutilates, defaces, or removes any memorial or other structure
placed in a Cemetery;
b. willfully destroys, mutilates, defaces, or removes any fence, railing, or other work for
the protection of ornaments in a Cemetery;
c. willfully destroys, cuts, breaks, or injures any shrub or plant, or plays at any game or
sport, or discharges firearms, except at a military funeral, in a Cemetery;
d. willfully or unlawfully disturbs persons assembled for the purposes of interment at a
Cemetery;
e. commits a nuisance, or who at any time behaves in an indecent and unseemly
manner in a Cemetery;
f. deposits any rubbish or offensive matter or thing in a Cemetery; or
g. in any way violates any plot or other structure within the plot;
shall be guilty of an infraction and liable to the penalties of this Bylaw.
9.12
Hours
Cemeteries are deemed open at 7 a.m. every morning and deemed closed at 8 p.m.
every evening. Any person who is in a Cemetery without special permission of the
Cemetery Manager between 8 p.m. at night and 7 a.m. the following morning, shall be
guilty of an infraction and liable to the penalties of this Bylaw.
9.13
Violations
Every person who:
a. violates any of the provisions of this Bylaw;
b. permits any act or thing to be done in contravention or in violation of any of the
provisions of this Bylaw;
c. neglects to do or refrains from doing anything required to be done by any of the
provisions of this Bylaw; or
d. does any act which violates any of the provisions of this Bylaw;
shall be guilty of an offence punishable on summary conviction and shall be liable to a
fine of not more than $2,000.00 or to imprisonment for not more than six months, or to
both the penalties being enforced and the fines and costs being recoverable upon
summary conviction in the manner provided by the Offence Act.
9.14
Administration of Cemeteries
The administration of the Cemeteries shall, at all times, be carried out in accordance
with the Cremation, Interment and Funeral Services Act and Regulations made
thereunder.
Part 10 - Fees and Charges
10.1
Cemetery Fees and Charges
The fees and charges for a Right of Interment Permit, an Interment Permit, an Interment
Authorization Permit, or a Surrender or Transfer of Reserved Plot Permit, Exhumation
Permit (the 'Permits') and any other cemetery fees and charges are levied and
administered by separate bylaw.
Cemetery Bylaw 2012-016
Page 14 of 24
10.2
Canyon View Cemetery Care Fund
The fees and charges pertaining to the Canyon View Cemetery Care Fund are levied
and administered by separate bylaw.
10.3
Payment of Fees and Charges
Applicable fees and charges shall be paid at the District office prior to the issuance of
the Permits or the purchase of any goods or services sold by the District in connection
with the operation of the cemetery.
Part 11 - Repeal and Enactment
11.1
Effect of Bylaw
This Bylaw shall come into full force and effect and be binding on all persons as and
from date of adoption.
11.2
Repeal
"Cemetery Bylaw Number 2000-269" and all amendments are hereby repealed.
Read a first, second, and third time by the Municipal Council this 13th day of November, 2012.
Adopted by the Municipal Council of the District of Summerland this 26th day of November,
2012.
'Janice Perrino'
__________________________________
Mayor
'Maureen Fugeta'
__________________________________
Corporate Officer
Cemetery Bylaw 2012-016
Page 15 of 24
Works and Utilities
9215 Cedar Avenue Box 159, Summerland, BC V0H 1Z0
Phone: 250 494-0431 Fax: 250 494-3399
www.summerland.ca
Schedule 'A'
RIGHT OF INTERMENT PERMIT
Canyon View Cemetery
Peach Orchard Cemetery
Anglican Cemetery
10316 Canyon View Road
6300 Ramsay Street
10005 Giants Head Road
Summerland, BC
Summerland, BC
Summerland, BC
Insert name of authorized signatory of Insert address having paid the sum shown in the receipt
below for a Right of Interment, permission is hereby granted to Insert name of deceased or
person reserving plot to use or occupy space within Insert Cemetery Name in cremation/full
interment Section Insert section letter of Row Insert row letter in Plot Insert plot number.
This Right of Interment is subject to the District of Summerland Cemetery Bylaw No. 2012-016
as amended or replaced from time to time, and any other applicable bylaw being in force in the
District of Summerland. In granting the Right of Interment at Canyon View Cemetery, the
District of Summerland undertakes to maintain a Cemetery Care Fund to provide for the
maintenance of the plot. The District will set aside within the present calendar year the interest
portion of the Canyon View Cemetery Care Fund to pay for this maintenance. The contribution
to the Canyon View Cemetery Care Fund will be the fee in force at the time of payment
pursuant to this Bylaw.
NOTE:
This Right of Interment is not transferable except as authorized in this Bylaw.
Dated:
Issued by:
Right of Interment Fee
$ *
Cemetery Care Fund (if applicable)
$ *
HST
$ *
TOTAL DUE:
$ *
Please do not pay, this is not an invoice.
DESCRIPTION OF FEES
AMOUNT
Cemetery Bylaw 2012-016
Page 16 of 24
Terms and Conditions of Right of Interment (Page 2 of Schedule 'A')
1.
The refund for cancellation of Right of Interment will be a sum equivalent to 75% of
the fee paid for such Right of Interment, at the time of issuance, less the Canyon
View Cemetery Care Fund fee paid at the time of issuance, if applicable.
2.
This Right of Interment is only for the use of the above noted plot. All fees and
charges relate solely to the plot and do not include any other charges which will be
assessed at the time of actual interment in accordance with the fees and charges
then in effect under this Bylaw or any subsequent bylaw.
3.
The Right of Interment is conditional upon the Applicant complying in all respects with
the terms and conditions of this Bylaw and the Cremation, Interment and Funeral
Services Act. A failure by the Applicant to comply will entitle the District to either,
correct the failure at the Applicant's cost or, where interment in the plot has not yet
occurred, revoke the Right of Interment upon refunding any fees and charges to the
applicant, in accordance with the terms and conditions of this Bylaw.
4.
Subject to the District's rights to reclaim the plot pursuant to the Cremation, Interment
and Funeral Services Act, the plot may be surrendered to the District at any time. If a
plot is surrendered the District will, in accordance with the provisions of this Bylaw,
refund any fees and charges, in accordance with the terms and conditions of this
Bylaw, to the legal owner of such plot.
The foregoing terms and conditions of the Right of Interment are hereby acknowledged and
agreed to by the Applicant.
Dated at
(City) this
day of
, 2012.
Signature of Applicant or Authorized Signatory
Cemetery Bylaw 2012-016
Page 17 of 24
Works and Utilities
9215 Cedar Avenue Box 159, Summerland, BC V0H 1Z0
Phone: 250 494-0431 Fax: 250 494-3399
www.summerland.ca
Schedule 'B'
INTERMENT PERMIT
In consideration of full payment of the Total Due as outlined below and upon presentation of the
"Burial Permit and Acknowledgement of Registration of Death" or equivalent, or a "Warrant to
Bury" issued by a Coroner, permission is hereby given to:
(Authorized Signatory)
to have the insert ashes or remains of:
Insert name of deceased
Interred in:
Insert cemetery, Insert address, Summerland, BC in plot number Insert number, tier Insert
number of row Insert letter in Insert cremation or full interment section Insert letter on the Insert
number day of Insert month, 2012 at Insert time a.m. / p.m.
The holder of the Right of Interment is hereby notified in accordance with the Cremation,
Interment and Funeral Services Act that, prior to the installation of any memorial on the
purchased interment site, the purchaser must make a contribution to the Canyon View Cemetery
Care Fund.
Dated:
Issued by:
Opening and closing
$ *
Supply and place (cremation box/grave liner)
$ *
Installation or reinstallation of memorial
$ *
Cemetery Care Fund (if applicable)
$ *
After Hours/Weekend fee
$ *
Sub Total
$ *
HST
$ *
Total Due:
$ *
Please do not pay, this is not an invoice.
Description of Fees
Amount
Cemetery Bylaw 2012-016
Page 18 of 24
Schedule "C"
INTERMENT AUTHORIZATION PERMIT
Authorization is hereby given to open Plot Insert number Tier Insert number Row Insert letter
Section Insert letter in Insert cemetery located at Insert address, Summerland, BC on the Insert
number day of Insert month, 2012 at Insert time a.m. / p.m. to inter the Insert ashes or remains
of Insert name of deceased.
Funeral Director
Dated
Name of Funeral Home
CERTIFIED that I have the right to make this
authorization, per Section 5 of the Cremation,
Interment and Funeral Services Act, and I Agree to
hold you free from and indemnify you against any
liability on account of your compliance with this
authorization.
You are authorized to complete the interment of the
deceased named above with no family present.
Signature
Signature
This Contract includes the supply of the following goods and services:
Description of Service
Fee
Right of Interment
$
*
Cemetery Care Fund
*
Opening and Closing of Plot
*
Supply and Place Grave Liner
*
Supply and Place Cremation Box
*
Double Depth Fee
*
Installation or reinstallation of Memorial
*
Weekend or After Hours fee
*
_________
Subtotal
$
*
HST
*
_________
Total Due
$
*
Please do not pay, this is not an invoice.
Works and Utilities
9215 Cedar Avenue Box 159, Summerland, BC V0H 1Z0
Phone: 250 494-0431 Fax: 250 494-3399
www.summerland.ca
Cemetery Bylaw 2012-016
Page 19 of 24
SUMMARY OF CONDITIONS AND REGULATIONS
1. Cancellation
This is a contract to which the Business Practices and Consumer Protection Act applies.
You may cancel this contract from the day you enter into the contract until 10 days after you
receive a copy of this contract. You do not need a reason to cancel. If you cancel this
contract, the District has 14 days to refund your money. To cancel, you must give notice of
cancellation at the address noted on the Interment Authorization Permit. You must give
notice of cancellation by a method that will allow you to prove that you gave notice, including
registered mail, electronic mail, facsimile, or personal delivery. If you send notice of
cancellation by mail, facsimile, or electronic mail, it doesn't matter if the District receives the
notice within the required period as long as you sent it within the required period.
2. Refund
If a person cancels a Right of Interment and forfeits such right to use and occupy a plot, the
District will refund the applicable fees and charges paid in accordance with the Cemetery
Bylaw. If a person cancels a Right of Interment after the District has incurred expenses to
open a grave, the costs of opening and closing the grave will be deducted from the fees and
charges paid and the remainder will be refunded.
3. Payment
If the person agreeing to this contract is the legal representative who has the right to control
the disposition of the human remains, full payment is due at the time of signing this contract.
If the person signing this contract is a legally authorized Funeral Agency, payment is due
within 30 days of the signing of this contract.
4. Arrangements for Interment
Arrangements for interment must be made at the office of the Works and Utilities
Department by the immediate relatives of the deceased or a representative authorized in
writing by them to make the arrangements for the deceased. Arrangements must be made
at least 24 hours before the time of interment. In the case of a interment on Monday,
arrangements must be made prior to 2 p.m. on the previous Friday.
5. Burial Permit and Acknowledgement of the Registration of Death
The human remains of a deceased person shall not be accepted for interment unless
accompanied by the "Burial Permit and Acknowledgment of the Registration of Death" of the
deceased, issued by a District Registrar of Births, Deaths, and Marriages, or other official,
under the provisions of the Vital Statistics Act.
6. Interment
All interments shall take place during the regularly scheduled Cemetery hours of operation,
unless the additional fee for after hours and weekend interments has been paid.
7. Transfer of Plot
No assignment or transfer of a plot, or other item included in this Agreement, or of a right of
interment in any plot, shall be made without the prior written consent of the Cemetery
Manager, which consent, subject to the Rules and Regulations of the Cemetery, will not be
unreasonably withheld. Any such transaction shall not be recognized unless and until
recorded on the Books of the Cemetery and the payment of the fee prescribed in its tariff for
amending Records.
8. Services by District
All interments or exhumations, including all openings and closing of plots, shall only be
made by the District.
Cemetery Bylaw 2012-016
Page 20 of 24
9. Canyon View Cemetery Liner Requirement
Each interment at the Canyon View Cemetery must be made in a reinforced concrete liner
to ensure adequate care of the Cemetery.
10. Number of Interments
The following outlines the maximum number and types of remains that may be interred in
any one grave:
a. one single full-sized interment; or
b. at the Canyon View Cemetery only, two full sized interments (double depth) with the
first full size interment at the lower depth than the second interment at the upper
depth; or
c. one full size interment with up to four cremations provided the full size interment
takes place first; or
d. up to four cremations in a single cremation plot; or
e. up to four cremations in a full interment plot.
11. Memorials
Memorials must be installed by the District of Summerland and must comply with the
requirements of the Cemetery Bylaw.
12. Charge for Memorials
No memorial privileges shall be allowed until the plot and all other charges are paid in full,
including the installation charges for the memorial, and the additional contribution to the
Cemetery Care Fund in Canyon View Cemetery only for the extra costs in maintaining the
plot (maintenance of the memorial itself is not included).
13. Memorial Requirements
Except as otherwise provided above, the plot holder is entirely free in selecting the supplier
of a memorial, however, the size, material and form of the memorial shall conform to the
Rules and Regulations of the Cemetery Bylaw.
14. Plot Improvements
All improvements, alterations or embellishments of any plot at Canyon View Cemetery shall
be under the direction of the Cemetery Manager and shall not be made without their written
consent. The District reserves the right to remove, alter, or change such improvements,
alterations, or embellishments at the expense of the plot holder. The District reserves the
right to remove anything that, in the Cemetery Manager's sole opinion, is unsightly,
dangerous, or impedes the progress of care and maintenance.
15. Offerings
No planting of trees, shrubs, or plants of any kind will be allowed outside the confines of the
concrete base. Placing of offerings shall be subject to the provisions of the Cemetery
Bylaw.
16. Access to Cemetery
Access to the Cemetery grounds shall be limited to the hours between 7:00 a.m. and 8:00
p.m.
17. Errors
The District reserves the right to correct any errors the District may make in making
interments or exhumations, or in the description, transfer, or conveyance of any interment
right or plot. The errors may be corrected by cancelling the conveyance and substituting
and conveying another interment right or plot of equal value and similar location, as mutually
agreed upon by the Cemetery Manager and the Purchaser. If mutual agreement cannot be
attained, the District may refund the amount paid to the Purchaser.
Cemetery Bylaw 2012-016
Page 21 of 24
If an error involves the interment of the remains in a plot, the District reserves the right to
remove and re-inter the remains in another plot of equal value and similar location.
18. Reclamation of Right of Interment Previously Sold
The District may sell a Right of Interment for a plot where the Right of Interment for the plot
has been previously sold. This sale must be in accordance with the Business Practices and
Consumer Protection Act, have the approval of the Cemetery Manager, and is subject to the
following:
a. the holder of the Right of Interment is at least 90 years of age or, if not living, would be at
least 90 years of age,
b. at least 50 years has elapsed from the date the prior Right of Interment was sold,
c. at least 90 days have passed since the District sent notice of the District's intention to
resell the Right of Interment to the last known address of the holder of the Right of
Interment and the District has not received a response, and
d. the District has diligently attempted to contact the holder of the Right of Interment but is
unable to locate or contact them.
19. Governing Legislation
The Business Practices and Consumer Protection Act and the Cremation, Interment and
Funeral Services Act of B.C. apply to this Agreement.
20. Assignment
This Agreement may, in whole or in part, be assigned to another person upon written notice
by the purchaser or by the legal representative of the Deceased and upon payment in full of
the current fees and charges.
21. Collection, Use, and Privacy of Personal Information
By signing this Agreement the Purchaser:
a. acknowledges that the Cemetery Manager, in the course of providing the requested
goods and services, shall, as required by law or as they deem necessary, collect, retain,
and disclose such personal information as is necessary to fulfill the terms and conditions
of this Agreement;
b. acknowledges and gives their permission to the District to provide interment or memorial
locations to Cemetery visitors;
c. waives any responsibility or liability of the District to control, limit, restrict, or prevent
access to or disclosure of personal information that may be recorded on any monument,
marker, or memorial installed for display at the Cemetery.
The Purchaser's and the deceased person's personal information shall be confidential and
will not be disclosed unless required to provide goods or services pursuant to this
Agreement or required by law. If you have any questions about the use and collection of this
information, contact the Corporate Officer at 250-494-6451.
22. Cemetery Rules and Regulations
By signing this Agreement the Purchaser:
a. acknowledges receipt of a copy of this Interment Authorization Permit and the attached
summary of the Conditions and Regulations;
b. acknowledges and agrees that the provision, use, and maintenance of the goods and
services covered in this Agreement together with the use of the facilities of the Cemetery are
subject to the Rules and Regulations and Schedule of Rates for the Cemetery;
Cemetery Bylaw 2012-016
Page 22 of 24
c. acknowledges there are restrictions and limitations on the exercise of interment rights and
that it is the Purchaser's responsibility to ensure compliance with these restrictions and
limitations in the exercise of the interment rights;
d. acknowledges that there are restrictions and limitations in the form, type, and installation of
memorial products and that it is the Purchaser's responsibility to ensure that all memorial
products are in compliance with the Rules and Regulations of the Cemetery.
IN WITNESS WHEREOF the parties have executed this agreement on the day of
, 2012.
Signature of Purchaser/
Signature for the Cemetery Representative
Legal Representative of Deceased
Print Name of Purchaser/
Print Name of Cemetery Representative
Legal Representative of Deceased
Copy No. 1 - Office
Copy No. 2 - Next of Kin
Cemetery Bylaw 2012-016
Page 23 of 24
Works and Utilities
9215 Cedar Avenue Box 159, Summerland, BC V0H 1Z0
Phone: 250 494-0431 Fax: 250 494-3399
www.summerland.ca
Schedule 'D'
SURRENDER OR TRANSFER OF RESERVED PLOT PERMIT
Peach Orchard Cemetery
Canyon View Cemetery
Anglican Cemetery
6300 Ramsay Street
10316 Canyon View Road
10005 Giants Head Road
Summerland, BC
Summerland, BC
Summerland, BC
Section Insert letter, Row Insert letter, Insert cremation or full interment plot Insert
number at Canyon View Cemetery
I,
, of
(full legal name of Right of Interment Holder)
(address of Right of Interment Holder)
hereby surrender to the District of Summerland the above reserved plot, or
hereby transfer to
(Transferee) the above
reserved plot.
I certify that:
a. The Right of Interment has not been transferred, sold, or otherwise assigned to any other
person and that I am the sole person entitled to request this application for Surrender;
b. No human or cremated remains have been interred nor is any interment pending in the plot
to which the Right of Interment applies as of the date of this application for Surrender;
c. The amount to which I am entitled to be reimbursed on the surrender of the Right of
Interment is the plot fee paid pursuant to this Agreement less 25% for interment plots and
cremations plots. The Cemetery Care Fund contribution, if applicable, is not-refundable.
Dated at
this
day of
, 2012.
Signature of Applicant for Surrender or Transfer
The District of Summerland hereby acknowledges receipt of the original Right of Interment
together with this Application for Surrender and agrees to pay the holder of such Right of
Interment the surrender fee described in paragraph c. above within 14 days of the date of
Surrender or Transfer.
Dated at Summerland, BC this ___ day of
, 2012.
District of Summerland
Cemetery Bylaw 2012-016
Page 24 of 24
Works and Utilities
9215 Cedar Avenue Box 159, Summerland, BC V0H 1Z0
Phone: 250 494-0431 Fax: 250 494-3399
www.summerland.ca
Schedule 'E'
EXHUMATION PERMIT
No interred person shall be exhumed except in compliance with the requirements of the
Cremation, Interment and Funeral Services Act. No exhumation will proceed until an
Exhumation Permit is submitted to and approved by the Cemetery Manager and all applicable
fees and charges have been paid.
The District's responsibility during the process of uncovering of a casket, urn, or other container
will end at the point where the soil is sufficiently excavated to permit access to the remains for
removal by the attending Funeral Agency. The District is not responsible for damage sustained
to any casket, urn, or other container during exhumation.
(Authorized Signatory)
to have the insert ashes or remains of:
Insert name of deceased
Exhumed from:
Insert cemetery, Insert address, Summerland, BC in plot number Insert number, tier Insert
number of row Insert letter in Insert cremation or full interment section Insert letter on the Insert
number day of Insert month, 2012.
Dated:
Issued by:
Exhumation Fee
$ *
HST
$ *
Total Due:
$ *
Please do not pay, this is not an invoice.
Description of Fees
Amount